The appeal court orders ADC “Memorial” to register as a “foreign agent”, amid marred judicial proceedings

Yesterday's decision confirms the first instanceruling issued by the Leninsky District Court on December 12, 2013, whichconsidered ADC “Memorial” as a “foreign agent” following unfair proceedings onthe basis of a repressive NGO law. The Russian law on “foreign agents” imposesall NGOs receiving funds from foreign sources for any kind of “politicalactivities” (defined as anything likely to “influence public opinion in orderto change the policy”) to register as “foreign agents” or face administrativeand civil sanctions. The Observatory has repeatedly called for the abrogationof that law, which blatantly violates international human rights standards.

At the end of yesterday's hearing, which lasted lessthan an hour, the Observatory mission delegate reported that the judgeinterrupted ADC “Memorial”'s lawyers on several occasions throughout thesession, thereby hindering their capacity to develop their arguments andbreaching their right to a fair trial and due process, while no one objectionor remark was voiced when the accusation representative was speaking.

“ADC “Memorial” pursues legitimate human rightsactivities for a free and democratic society in accordance with internationalstandards. It is a legitimate human rights NGO, which has to be protected andin no way criminalised nor suffer reprisals for having cooperated with the UNhuman rights system. This decision of the City Court is further evidence of theconstant judicial harassment faced by ADC, amid highly politicised proceedingswhere the judges and the prosecutor have been implementing orders from above”FIDH President Karim Lahidji said today.

Once again, the City Court pointed a report submitted by ADC “Memorial”to the United Nations Committee Against Torture in 2012 as the only evidence ofits so-called “political activities”. Ironically, the decision of the City Court against ADC “Memorial” cameon the same day as the adoption of a ruling on the “foreign agents” law by theRussian Constitutional Court, stating that this law is in line with theConstitution as the obligation to register as a foreign agent would not preventNGOs from carrying out their activities.

“Should we not see working on human rights as inherently part ofthe 'national interest' of a State? Is it not Russia that voluntarily signed andratified international human rights treaties that also guarantee freedom ofassociation?” asked Gerald Staberock, Secretary General of OMCT. “Thisruling is very concerning far beyond the case of one organisation. We arealarmed that the present climate in Russia will result in a new wave of attacksagainst human rights organisations who are part of a global human rightscommunity”, he added in commenting on the ruling by the court today.

The Observatory reminds the Russian authorities that the UN Declarationon Human Rights Defenders provides that everyone has the right, individuallyand in association with others, “at the national and international levels […]to form, join and participate in non-governmental organizations, associationsor groups” (Article 5) and “to solicit, receive and utilize resources for theexpress purpose of promoting and protecting human rights and fundamentalfreedoms through peaceful means” (Article 13).

For more information on the cases against ADC “Memorial”, please checkout the Observatory Press Releases issued on December12, 2013 and April7, 2014.