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.
According to the information received, on January 21, 2010, the Moscow City Civil Court heard the appeal lodged both by Mr. Oleg Orlov together with the Memorial Human Rights Centre and by the representative of the Chechen President, Mr. Ramzan Kadyrov. The Court confirmed the previous decision of October 6, 2009 of the Tverskoy District Court of Moscow, which had found the Centre and its Chairman guilty of defamation in a civil action initiated by Chechen President Ramazan Kadyrov for damaging his “honour and dignity” and ordered Memorial Human Rights Centre to pay 50,000 rubles (about 1,194 Euros) and Mr. Orlov to personally pay 20,000 rubles (about 450 Euros) in damages. At the same time, the Court rejected Mr. Kadyrov’s request to increase the amount of the fines imposed on Mr. Orlov and the Memorial Human Rights Centre.
Mr. Oleg Orlov intend to appeal the decision before the presidium of the Moscow City Court and the Supreme Court of the Russian Federation and, if necessary, to bring the case to the European Court.
In addition, the Observatory recalls that on October 20, 2009, the Moscow Central Directorate of Internal Affaires (GUVD) opened a criminal investigation against Mr. Orlov, following a complaint lodged by Mr. Kadyrov. However, no charges have been brought against him so far.
Even though Memorial Human Rights Centre and Mr. Oleg Orlov have been sentenced to symbolic fines, the Observatory deplores the civil court’s ruling, which takes place in a context where the harassment of human rights defenders has reached an unprecedented and worrying level.
The Observatory believes that Mr. Oleg Orlov and Memorial Human Rights Centre are being judicially harassed merely due to the exercise of their right to freedom of expression, which is guaranteed by the Constitution of the Russian Federation and international instruments ratified by the Russian Federation. On October 29, 2009, the Representative for the Organisation for Security and Cooperation in Europe (OSCE) on Freedom of the Media, Mr. Milklos Haraszti, pointed out that “statements like Orlov’s are perfectly legitimate in a democracy and should be subject neither to civil-law nor to criminal-law sanctioning”[1].
The Observatory 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; Mrs. Zarema Sadulayeva and her husband Mr. Alik (Umar) Dzhabrailov, respectively Head of the office and member of the NGO “Save the Generation” in Grozny.
Background information:
On July 15, 2009, Mr. Oleg Orlov had published a statement in which he indicated he believed that President Kadyrov, or his administration, was “vinoven” (literally “guilty”)[2] for the murder of the Head of Memorial’s office in Grozny, Ms. Natalia Estemirova. Following Mr. Oleg Orlov’s statement, President Ramzan Kadyrov lodged a civil complaint of libel against him and asked for 10 million rubles (approximately 238,932 Euros) in damages.
On October 6, 2009, the Tverskoy District Court of Moscow ordered Mr. Oleg Orlov to retract his statement and ordered Memorial Human Rights Centre to pay 50,000 rubles (about 1,194 Euros) and Mr. Orlov to personally pay 20,000 rubles (about 450 Euros) in damages[3] .
Actions requested:
Please write to the authorities of Russian Federation, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of members of Memorial as well as of all human rights defenders working in the Russian Federation and their family members;
ii. Put an end to any act of harassment against the activities of the Memorial Human Rights Centre 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 hindrances and fear of reprisals;
iii. Carry out an immediate, thorough, independent and impartial investigation into the killing of Ms. Natalia Estemirova, 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;
iv. Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations 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”;
v. 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”;
vi. 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, Kremlin, Moscow, Russian Federation, Faxes:+ 7 095 206 5173 / 230 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 Presidential Human Rights Commission of the Russian Federation, Ms. Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855
· Mr. Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207 3969 / +7 495 207-53-37
· Minister of Internal Affairs, Mr. Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25
· Minister of Foreign Affairs, Mr. 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.
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Paris-Geneva, January 22, 2010
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