Freedom limited. The right to freedom of expression in the Russian Federation



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Recommendations:

Amnesty International urges the Russian authorities:




  • To uphold the rights to freedom of expression, freedom of assembly and freedom of association and to allow restrictions only when prescribed by law and where they are strictly necessary, in accordance with international human rights law;

  • To address the deficiencies in the NGO law and its implementing regulations so that the law enables the exercise of the right to freedom of association; to address suggestions brought forward by the Presidential Council on human rights and the development of civil society organizations;

  • To give clear instructions to the Federal Registration Service on how to review the activities of civil society organizations in a manner that does not restrict the right to freedom of expression and association

  • To amend the overly broad provisions in the law to combat extremist activities which have a chilling effect on freedom of expression and association;

  • To refrain from using “extremism”-related and other laws to clamp down on peaceful dissent, independent media and civil society organizations;

  • Promote awareness of and adhere to the principles of the UN Declaration on Human Rights Defenders;

  • Recognize, and refrain from violating, the rights of members of the LGBT community to freedom of expression, association and assembly;

  • To instruct law enforcement bodies on policing public meetings in line with Russian law and international human rights standards guaranteeing the right to freedom of assembly;

  • To ensure journalists can conduct their professional work, including observing sanctioned and unsanctioned public meetings and demonstrations, without arbitrary interference from law enforcement officials;

  • To investigate fully, promptly and impartially any reported human rights abuses against civil society activists, journalists and members of the political opposition and to bring to justice anyone suspected of involvement in such abuses in trials which meet international standards of fair trial.

1 Federal Law of the Russian Federation, No. 18-FZ of 10 January 2006.

2 Laws of the Russian Federation: No. 3297-1 of 14 July 1992: “O zakrytom administrativno-territorialnom obrazovanii”; federal law No. 82-FZ of 19 May 1995 “Ob obshchestvennykh obedineniakh; federal law No. 7-FZ of 12 January 1996 “O nekommercheskikh organizatsiakh.”

3 See for example, “Putin takes on social financing”, Kommersant, 25 November 2005

4 Russian officials, including President Putin, have accused NGOs that receive Western funding of “fulfilling the interests of the Western donors rather than operating in the interests of Russian society”. The government therefore has allocated funds to support Russian NGOs. According to the 2007 report of the Public Chamber on civil society, 29 per cent of the overall money received by Russian NGOs comes from state bodies, be it federal, regional or local ones. (The Public Chamber is an institution, whose members are chosen by the President of the Russian Federation from different layers of society in order to coordinate public interest and government policies.)

5 For example at a meeting with leaders of civil society organizations in July 2006 in Moscow, at which Amnesty International Secretary General Irene Khan participated.

6 A study conducted by Moscow State University and the Moscow Higher School for Economics found in July 2007 that starting an NGO was now around three times more expensive than starting a business and that the process of registering an NGO was far longer than registering a business. “Dorogoi altruism” (Expensive altruism), Vedomosti, 18 July 2007

7 According to the law, foreign organizations are considered to be branches of organizations that have headquarters outside the Russian Federation, while international organizations are those based in the Russian Federation, which may have branches in other countries.

8 This in itself seems to contradict the law, which repeatedly stresses that there is a single unified federal register.

9 Russia is divided into seven federal districts.

10 The office of the regional branch of the newspaper Novaya Gazeta was searched the next day and computers were also confiscated.

11 The building housed a number of organizations which expressed support for the March of Dissenters .It had been provided to civil society organizations by the municipality, which by the end of 2007 had offered to provide another building for use by NGOs and civil society activists. Ludmila Kuzmina told Amnesty International that the regional authorities strongly opposed the municipality providing such support to the NGOs.

12 Amnesty International has seen these complaints and finds it reasonable to assume they are not genuine.

13 The law does not prevent the FRS from submitting a request for closure if an NGO has failed to submit a report only once.

14 “NGOs buried by mountain of paper”, Moscow Times, 24 August 2007. According to this article eight per cent of the Russian NGOs and 15 per cent of foreign NGOs were affected.

15 See Amnesty International: Russian Federation: New law stifles independent civil society, AI Index: EUR 46/001/2006, 17 January 2006, and Draft law – the latest in clamp down on civil society, AI Index: EUR 46/055/2005, 22 November 2005.

16 Federal law of the Russian Federation 114- FZ of 25 July 2002

17 Concluding observations of the Human Rights Committee: Russian Federation, 1 December 2003. 06/11/2003. UN doc. CCPR/CO/79/RUS. (Concluding Observations/Comments), 6 November 2003, paragraph 20

18 Information received by legal representatives of Rainbow House, the NGO AGORA.

19 Translation at http://www.legislationline.org/upload/legislations/d1/a1/0cc1acff8241216090943e97d5b4.htm

20 Extremism-related provisions have also been used to prosecute individuals in relation to racist attacks or racially motivated crimes (see: Amnesty International: Russian Federation: Violent racism out of control, AI Index: EUR 46/022/2006, 4 May 2006).

21 Russian Federation: Russian Chechen Friendship Society closed under new NGO law, AI Index: EUR 46/048/2006, 13 October 2006.

22 Pravozashchita means rights protection, an expression which is often used synonymously with human rights protection.

23 See Amnesty International: Russian Federation: Amnesty International calls for the guilty verdict against Stanislav Dmitrievskii to be overturned, AI Index: EUR 46/006/2006, 3 February 2006.

24 See Amnesty International: Russian Federation: Appeal case update: The Russian-Chechen Friendship Society under threat, AI Index: EUR 46/036/2005, 12 September 2005.

25 A third person, artist Anna Mikhailchuk, was acquitted of any violation of the Criminal Code.

26 See Amnesty International, Urgent Action: Russian Federation: Further update on possible prisoner of conscience, legal concerns (AI Index: EUR 46/010/2005), 31 March 2005.

27 See federal law of the Russian Federation No. 148-FZ of 27 July 2006.

28 Federal law of the Russian Federation 211 – FZ of 24 July 2007

29 Article 63 of the Criminal Code lists a number of aggravating circumstances which apply to all crimes. Following the amendments, Part 2 (e) now states “the commission of an offence with the motivation of political, ideological, racial, ethnic or religious hatred or enmity, or with the motivation of hatred or enmity of any social group”. A number of other articles of the code setting out individual offences were also amended in line with the new definition of hate crime.


30 Internews is an international independent organization based in the USA, with branches in various countries throughout the world, which promotes independent media worldwide.

31 See: President obeshchaet prikryt. Novaya Gazeta, 29 August 2007.

32 In a recent judgment, the European Court of Human Rights concluded: “[A] genuine and effective respect for freedom of association and assembly cannot be reduced to a mere duty on the part of the State not to interfere; a purely negative conception would not be compatible with the purpose of Article 11 nor with that of the Convention in general. There may thus be positive obligations to secure the effective enjoyment of these freedoms.” Case of Baczkowski and Others v Poland, para 64, European Court of Human Rights, judgment, 3 May 2007.


33 Spetsialnii doklad Upolnomochennogo po pravam cheloveka v Rossiiskoi Federatsii: O sobliudenii na territorii Rossiiskoi Federatsii konstitutionnogo prava na mirnye sobraniia, July 2007, http://www.ombudsman.gov.ru/

34 On 3 May 2007 the European Court of Human Rights in the case of Baczkowski and others v Poland had found a violation of the right to freedom of assembly by Poland, where the authorities had attempted to ban a march by LGBT rights activists in 2005.

35 Case of Baczkowski and others v Poland, para 64, European Court of Human Rights, judgment, 3 May 2007.

36 Case of Baczkowski and others v Poland, para 67, European Court of Human Rights, judgment, 3 May 2007.

37 press release of the Ministry of Internal Affairs on 13 April 2007, www.mvd.ru

38 In Russian: Obiedinennyi Grazhdanskii Front

39 The Chair of the Presidential Council of the Russian Federation for Cooperation of the Development of Civil Society Institutes and Human Rights, Ella Pamfilova, on 16 April 2007 called for the resignation of Russian Minister of Interior Rashid Nurgaliev.

40 According to Ria Novosti, 4 July 2007

41 OSCE Representative on freedom of the media: Special Report: Handling of the media during political demonstrations, 21 June 2007, p.1.

42 See Urgent Action, Russian Federation, Health concern / Denial of medical treatment, Mikhail Ivanovich Trepashkin, 31 May 2006 (AI Index: EUR 46/027/2006).

43 See Spetsialnii doklad Upolnomochennogo po pravam cheloveka v Rossiiskoi Federatsii: O sobliudenii na territorii Rossiiskoi Federatsii konstitutionnogo prava na mirnye sobranii, July 2007, http://www.ombudsman.gov.ru/





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