No space for freedom of peaceful assembly

On January 31, 2010, around 100 protesters, including several prominent human rights defenders, including Mr. Oleg Orlov, Chairman of the Executive Board at the Memorial Human Rights Centre, Mr. Lev Ponomarev, Director of the Movement for Human Rights, and Mr. Yuri Dzhibladze, President of the Centre for Development of Democracy and Human Rights, were arrested in Triumfalnaia Square, Moscow, while participating in a rally organised to reclaim the respect of the right to freedom of peaceful assembly, and subsequently released on the same day. However, Mr. Oleg Orlov was then summoned to appear before the Tverskoy District Court of Moscow on February 25, 2010, and faces charges for “participating in a non-registered demonstration”. Messrs. Lev Ponomarev, Yuri Dzhibladze as well as the political opponents Messrs. Edouard Limonov, Boris Nemtsov, Yashin Ilya and several other participants were also summoned to appear for the same charges before the same court on other dates. Organisers face fines from 1,000 to 2,000 Roubles (approximately from 12 to 48 Euros) while participants face from 500 to 1,000 Roubles (approximately 12 to 24 Euros), pursuant to Article 20.2 of the Russian Penal Code.

This demonstration was the latest in a series of protests held every 31 of each month in the Russian capital to call attention to Article 31 of the Russian Constitution, which provides for freedom of assembly, but is blatantly violated by the Russian authorities. “Although freedom of assembly is enshrined in the Russian Constitution, such demonstrations are systematically denied authorisation and dispersed by riot police”, said Souhayr Belhassen, President of FIDH.

“This crackdown against peaceful protest takes place in a context of increased repression against all dissenting voices by the Russian authorities”, added Eric Sottas, OMCT Secretary General. On December 31, 2009, around 50 protesters had also been arrested for defending the constitutional right to demonstrate freely and peacefully, including 82 year-old Ms. Lyudmila Alexeeva, Founder and President of the Helsinki Group. They were all subsequently released without any charge held against them. Similarly, on January 19, 2010, 34 demonstrators who were marking the first anniversary of the murder of prominent lawyer Mr. Stanislas Markelov and freelance journalist Ms. Anastasia Barburova were also arbitrarily arrested in Moscow, before being released without any charge.

The Observatory denounces these arbitrary arrests and the repression of demonstrations, which constitute a restriction to freedom of peaceful assembly and freedom of expression, and urges the Russian authorities to guarantee the free exercise of these rights. Further, the Observatory calls upon the Russian authorities to put an end to any act of judicial harassment against Messrs. Oleg Orlov, Lev Ponomarev, Yuri Dzhibladze, Edouard Limonov, Boris Nemtsov and Yashin Ilya as well as against all participants who are currently prosecuted.

More generally, the Observatory calls upon the Russian authorities to conform in all circumstances with the United Nations Declaration on Human Rights Defenders, the Universal Declaration of Human Rights as well as international and regional human rights instruments ratified by the Russian Federation.

For further information, please contact:
FIDH: Gael Grilhot / Karine Appy: + 33 1 43 55 25 18
OMCT: Delphine Reculeau: + 41 22 809 49 39