Ongoing acts of harassment against the Chechen Committee for National Salvation

Russian Federation

April 23, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in the Russian Federation.

New information:

The Observatory has been informed by reliable sources about ongoing acts of harassment by the Russian authorities against the Chechen Committee for National Salvation (CCNS).

According to the information received, on April 3, 2008, the Nazran Regional Court issued a ruling in a case initiated by the CCNS to challenge an unplanned check procedure started in August 2007 by the Federal Security Service (FSB) of Ingushetia and which was carried out by the State Registration Bureau (SRB) on the activities of the organisation, as well as a warning against this organisation issued on December 4, 2007 (See background information). The court declared that both the unplanned check and the warning were lawful, meaning that the CCNS lost the trial. Since then, the CCNS has again been called to transmit all the documents required by the SRB in the framework of the check. Therefore, the authorities can decide the closure of the organisation at any moment on the basis of the warning.

On April 1, 2008, during the hearing of the Regional Nazran Court, a letter of the Ingushetia FSB Chief Igor Bonderev, dated August 4, 2007, had been read out loud. It stated that “the Chechen Committee of National Salvation receives funds from international structures and therefore one cannot exclude the possibility that theses funds come from foreign extremist organisations”. This letter was seen as a justification for the check, but was revealed only eight months later.

The Observatory reiterates its deepest concern about the determination of the Russian authorities to strike down any dissenting voice, and to hinder freedom of association by any means, including by resorting to acts of intimidation and judicial harassment.

Moreover, the Observatory recalls that the Russian Federation was elected to the Human Rights Council in June 2006 for three years and is committed, in this regard, to “uphold the highest standards in the promotion and protection of human rights”. In addition, as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), the Russian Federation acknowledges that “the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”[1].

Background information:

This ruling is related to events that date back to Friday, August 24, 2007 in the afternoon, when the CCNS was informed about the immediate beginning of the check in question, and in violation of Russian law which requires five days notice to be given. On Monday, August 27, 2007, a SRB representative, Mr. Mahomed Khachegulov, came into the premises of the CCNS and handed out a handwritten paper to Mr. Badalov, drawing a list of documents that the organisation would have to produce. One day after, the SRB issued an impeachment act, stating that the documents in question had not been produced, which made it impossible for the SRB to carry out its mission[2].

On November 24, 2007, a demonstration had been planned in Nazran to denounce acts of repression and corruption in Ingushetia. Two days before, Mr. Ruslan Badalov, the CCNS Chairman, had been summoned to the Prokuratura, to answer for “violation of the law”. On that day, he was handed out a written warning stating that the November-24 meeting had not been authorised by the authorities, and that the scope of the demonstration had not been clearly defined, which could lead, inter alia, to extremist activities, threats to constitutional order, violations of the territorial integrity of Russia, change of power, resurgence of terrorist and racist ideas. This warning held de facto Mr. Badalov responsible for all excesses that could happen in the framework of the demonstration, although the latter was not an organiser. In addition, on November 23, 2007, all the cellphone companies operating in Ingushetia received a letter from the Interior Ministry of the region, ordering them to immediately suspend the mobile phone connections of a list of individuals, including Mr. Badalov, for the two days of the preparation and the holding of the demonstration.

On December 4, 2007, the State Registration Bureau issued a written warning against the CCNS, on the grounds that the latter had not given the required documents on time.

On December 25, 2007, the CCNS filed a complaint against the unplanned check, arguing that it was illegal since no justification had been given, and also put in question the legality of the impeachment act as well as of the December-4 written warning.

Actions requested:

The Observatory urges the authorities of the Russian Federation to:

1. Guarantee in all circumstances the physical and psychological integrity of all members of the CCNS as well as of all human rights defenders in the Russian Federation;
2. Put an end to all acts of harassment, including at the judicial level, against the CCNS and all human rights defenders in the Russian Federation, and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;
3. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with Article 1, which provides 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”, as well as with 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”;
4. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights;
5. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.

Addresses:

• Vladimir Vladimirovich Putin, President of the Russian Federation, Kremlin, Moscow, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;
• Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855;
• Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207-53-37;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25;
• Minister of Foreign Affairs, Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 095 244 2203;
• Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, fax: +4122 734 40 44;
• Embassy of the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000 Brussels, Belgium, Fax: + 32 2 513 76 49.

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

Geneva-Paris, April 23, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29 [1] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.

[2] See Observatory Press Release, issued on April 11, 2008.