Lawsuit filed against the renowned Historical, Educational, Human Rights and Charitable Society “Memorial” (Society “Memorial”)

Briefdescription of the situation:

The Observatory has been informed by reliable sources about a lawsuit filedagainst the renowned Historical, Educational, Human Rights and CharitableSociety “Memorial” (Society “Memorial”), of which the Human Rights Centre (HRC)“Memorial” is a member.

According to the information received, on September 24, 2014, a lawsuit wasfiled before the Supreme Court of the Russian Federation by the Ministry ofJustice. The news were revealed by the media on October 10, 2014. In itscomplaint, the Ministry requests the closure of the Society “Memorial”, citing“infringements” in its organisational structure.

Since its foundation, the Society “Memorial” has consisted in a numberof independent NGOs, united within the society. The Ministry of Justicerequests the closure of the Society, for failing to have a clear verticalstructure, with headquarters and departments in other regions.

Ironically, the first hearing in this case has been set for November 13,2014, a few days before a Conference of members of the Society “Memorial”planned for November 19, 2014, which was notified to the Ministry of Justice,and was precisely aimed at determining what changes shall be brought to theorganisational structure of the society, so as to conform with new Russianlaws.

The Observatory considers the lawsuit of the Ministry of Justice as aclear attempt to harass the Society “Memorial”, and expeditiously lead to itsclosure.

The Observatory is all the more concerned that a slandering mediacampaign is currently being waged against the HRC “Memorial”, which is a memberof the Society. Notably, on October 10, 2014, the Gazprom-owned NTV channelbroadcast a video defaming the HRC “Memorial”, using images shot on September26, 2014, when human rights defenders from the HRC were visiting the village ofVremennyi, Dagestan, blocked by the military and whose residents werearbitrarily detained. The human rights experts were there to inspect the abusesof the military, but were not allowed to enter the village.

NTV entirely distorted the images, claiming that“Memorial” and its partners were “openly supporting extremists and terrorists”.Moreover, the channel stated that the latter were receiving foreign funding forthese activities and stressed that the HRC “Memorial” had already been includedin the list of “foreign agents”. NTV also suggested that theseactivities were the reason why the Ministry of Justice asked the Supreme Courtto close the HRC “Memorial”, while in reality the Ministry of Justice filed itslawsuit against the Historical, Educational, Human Rights And CharitableSociety “Memorial”, which is a different organisation from the HRC.

The Observatory deplores that these groundless accusations are solelymeant to discredit and undermine the work of renowned human rights defendersand the entire prominent network “Memorial”, which, since 1992, has donetremendous work of recording the situation under the Soviet Union, andmonitoring current human rights issues in the Russian Federation and otherpost-Soviet countries.

Actions requested:

Please write to the authorities of Russian Federation, urging them to:

i. Put an end to any act of harassment, including at the judicial level, against the Historical, Educational, Human Rights and Charitable Society“Memorial”, the Human Rights Centre “Memorial”, their members, as well as allhuman rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance;

ii. Comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:

- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”,

- and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

iii. Comply with the provisions of the Declaration of the Committee of Ministers of the Council of Europe on the protection of human rights defenders and the promotion of their activities, and in particular With Article 2.i), in which the Committee calls on member States to “create an environment conducive to the work of human rights defenders, enabling individuals, groups and associations to freely carry out activities, on a legal basis, consistent with international standards, to promote and strive for the protection of human rights and fundamental freedoms without any restrictions other than those authorized by the European Convention on Human Rights;

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.

Addresses:

· Mr. Vladimir Putin, President of the RussianFederation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation. Faxes:+ 7 495 606 5173 / 630 2408

· Mr. Yurii Ya. Chaika, Prosecutor General, 15 A,Bolshaia Dmitrovka 125993 Moscow, Russian Federation. Fax: +7 495 692 17 25,Email: prgenproc@gov.ru

· Mr. Vladimir Kolokoltsev, Minister of the Interior,Ulitsa Zhitnaya, 16, 117049 Moscow, Russian Federation. Fax: + 7 495 637 49 25

· Mr. Alexander Konovalov, Minister of Justice, 14, ul.Zhitnaya, 119991 Moscow, Russian Federation. Fax: +7 495 955 59 99. Electronicappeals via website: http://minjust.ru/electronic-appeal/email

· Mr. Sergey Lavrov, Minister of Foreign Affairs,Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation. Fax: + 7 495644 2203

· Ms. Ella Pamfilova, Ombudsman of the RussianFederation. E-mail: press-sl@ropnet.ru

· Mr. Mikhail Fedotov, Head of the Council under thePresident for development of civil society and human rights. Fax: +7 495 606-48-55. E-mail: president-sovet@mail.ru, fedotov_MA@gov.ru

· H.E. Mr. Alexey Borodavkin, Ambassador, PermanentMission of the Russian Federation to the United Nations in Geneva, Avenue de laPaix 15, CH-1211, Geneva 20, Switzerland. Fax: +41 22 734 40 44, E-mail: mission.russian@vtxnet.ch

· Ambassador Mr. Alexander Romanov, Embassy of theRussian Federation in Brussels, 66, avenue de Fre, Brussels, 1180 Brussels,Belgium. Fax: +32 2 374 26 13. E-mail: amrusbel@skynet.be

· Ambassador Mr. Alexander Alekseev, PermanentRepresentation of the Russian Federation to the Council of Europe, 75, allee dela Robertsau, 67000 Strasbourg, France. Fax: (+33) (0) 3 88 24 19 74. Email: representationpermderussie@wanadoo.fr

Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.