Violent assault and judicial harassment against Mr. Vadim Karastelev

Russian Federation

March 16, 2010

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), requests your urgent intervention in the following situation in the Russian Federation.

Description of the situation:

The Observatory has been informed by reliable sources about the violent assault and judicial harassment against Mr. Vadim Karastelev, a lawyer and leader of the Novorossiysk Human Rights Committee, which campaigns in favour of police reform and against corruption in the Russian Federation[1].

According to the information received, on February 27, 2010, Mr. Vadim Karastelev was brutally beaten by two unidentified men in Novorossiysk and seriously injured in the face, back of the head, eyes and legs. After the assault, he was able to call a friend before he lost consciousness. He was then transferred to a hospital where he underwent surgery. He was reportedly not given proper health examination and treatment in the hospital - nor was he given information about his diagnosis and treatment - and was forcefully discharged from the hospital against his will just five days after the assault and while his health condition was still very poor and that he could not walk. During his stay at the hospital, Mr. Karastelev was provided police security for only one day, which was then removed.

One of the suspected assailants was arrested on the spot of the attack, the other fled. The investigation of the attack was opened by the police for “minor bodily injuries”. On March 10, 2010, the arrested suspect was released from custody.

Moreover, on February 19, Mr. Vadim Karastelev was distributing leaflets inviting the public to come to a public meeting in support of former Major Alexei Dymovsky, sacked and harassed since he publicly alleged corruption in the police forces (See footnote 1). The meeting, which was due to take place a few days later, had been officially sanctioned by local authorities. The police intervened to prevent Mr. Karastelev from distributing the leaflets and arrested him. He was then condemned to seven days of imprisonment and a fine of 2,000 rubles (about 50 euros) for “organising a public meeting without informing the authorities” and for “refusing to follow police orders” under Article 19.3 of the Russian Administrative Code. He was released on February 26, the day before his assault.

Several months prior to the February-27 attack, Mr. Vadim Karastelev had - on many occasions - received threats of violence against him and his family through the Internet and over the phone, accompanied by demands to stop campaigning on behalf of Mr. Alexei Dymovsky. Despite of Mr. Karastelev’s requests to the police to investigate the threats and provide protection to him and his family, nothing has been done by the authorities.

The Observatory was also informed that while Mr. Vadim Karastelev was in hospital, the Head of the police of the city of Novorossiysk Vladimir Chernositov filed a civil suit against him for “defamation”, on the basis of statements made in the media by Mr. Karastelev about Mr. Chernositov's activities (see footnote 1). Mr. Chernositov' demanded that Mr. Karastelev take back his earlier statements (mentioned above), and asked him 100,000 rubles in damages. This lawsuit seems to be an attempt by a top police official to use defamation charges in order to silence criticism for human rights violations and corruption.

The Observatory condemns the physical assault against Mr. Karastalev as well as judicial harassment against him.

The Observatory is also deeply concerned with Mr. Karastalev’s health, considering the serious injuries he suffered as a result of the assault, and urges the Russian authorities to provide him all the medical care he requires and to guarantee him physical protection.

The Observatory more generally reiterates its deepest concern regarding the safety of human rights defenders in the Russian Federation, and recalls that in 2009 four human rights defenders covering human rights violations committed in Chechnya were killed: Mr. Stanislav Markelov, a prominent human rights lawyer, and Ms. Anastacia Baburova, freelance journalist in Moscow; Ms. Natalia Estemirova, collaborator of Memorial in Grozny; Mrs. Zarema Sadulayeva and her husband Mr. Alik (Umar) Dzhabrailov, respectively Head of the office and member of the NGO “Save the Generation” also in Grozny.

Actions requested:

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

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Vadim Karastalev as well as of all human rights defenders in the Russian Federation;
2. Put an end to any act of harassment against Mr. Vadim Karastalev, including at the judicial level, as well as of all human rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate human rights activities without hindrance and fear of reprisals;
3. Carry out an immediate, thorough, independent and impartial investigation into the assault of Mr. Vadim Karastalev, the result of which must be made public, in order to bring all those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
4. 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 realisation 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”;
5. 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 authorised by the European Convention on Human Rights; and With Article 2.vi), in which the Committee calls on member States to “ensure that their legislation, in particular on freedom of association, peaceful assembly and expression, is in conformity with internationally recognised human rights standards and, where appropriate, seek advice from the Council of Europe in this respect”;
6. 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. Dmitri Medvedev, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation, Faxes:+ 7 495 606 5173 / 630 2408
• Mr. Yuriy Chaika, General Public Prosecutor of Russian Federation, 125993, Moscow, GSP-3, 15a B. Dimitrovka str. Russian Federation, Fax: +7 495 692-96-00 / +7 495 692 1725
• Chairwoman of the Council on the Development of Institutes of Civil Society and Human Rights under the President of the Russian Federation, Ms. Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+74956064855
• Mr. Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207 3969 / +7 495 607-53-37
• Minister of Internal Affairs, Mr. Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 637 49 25
• Minister of Foreign Affairs, Mr. Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Telegram: Fax:+ 7 495 644 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.

Paris-Geneva, March 16, 2010

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] Mr. Vadim Karastelev has been representing former Major Alexei Dymovsky, a senior Russian police officer sacked after he posted a video appeal to Prime Minister Vladimir Putin on YouTube in November 2009, in which he alleged corruption in the police forces. Mr. Dymovsky was arrested in February 2010 on charges of embezzlement, and released on March 11 after a lot of public and media criticism. Mr. Karastelev also made statements in the media criticising the Head of the police of the city of Novorossiysk, Mr. Chernositov, for not investigating mass human rights violations in the region, covering up crimes, ordering illegal phone tapping of human rights defenders and lawyers, not taking action to stop harassment of human rights defenders, organising special operations against participants of peaceful public demonstrations, and owning a house on a very expensive piece of land that could not be in any way afforded with his official salary.