RUS 001 / 0214 / OBS 014
Arbitrary detention / Judicial harassment
Russian Federation
February 21, 2014
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.
Brief description of the situation:
The Observatory has been informed by reliable sources about the arbitrary detention of the environmental rights activist Mr. Evgeny Vitishko, member of the Environmental Watch on North Caucasus (EWNC).
According to the information received, on February 18, 2014, Mr. Evgeny Vitishko was transferred to the pre-trial detention facility (SIZO) No. 1 of the City of Krasnodar, pending his transfer to a penal colony to serve a three-year prison sentence.
On February 12, 2014, Judge Andrey Konnov of the Krasnodar Regional Court had upheld in appeal a December 20, 2013 decision of the Tuapse Disctrict Court, which had decided to enact a suspended sentence against Mr. Evgeny Vitishko. The latter decision stated that the activist had violated a curfew imposed on him in connection with his conditional three-year prison sentence. The original sentence dates from June 20, 2012, when the Tuapse District Court sentenced Mr. Vitishko to three years in custody with two-year probation for “wilful destruction or damage of property” (Article 167 of the Criminal Code of the Russian Federation).
The Observatory notes that Mr. Vitishko attended the appeal hearing only through video conference, as on February 12, 2014, he was already serving a 15-day administrative detention sentence for “hooliganism”.
Mr. Vitishko was arrested on February 3, 2014, one day before the Olympic Torch was due to arrive in Sochi. The arrest took place while he was going out of the building of the Tuapse Criminal Executive Inspection (UFSIN), where Mr. Vitishko had to report regularly after his sentencing to a suspended term of prison in June 2012. He was also subjected to other travel restrictions, such as not being allowed to leave Tuapse District. When he reported to UFSIN, Mr. Vitishko informed the authorities that he intended to travel to Sochi. Shortly after, Mr. Vitishko was arrested for “theft” and then “swearing at a bus stop”. Though no evidence was brought in, Mr. Vitishko was sentenced for “hooliganism” the same day to 15 days in administrative detention. It is believed that these trumped-up charges were brought by the police in order to prevent Mr. Vitishko from carrying out protest actions in Sochi.
EWNC is an independent group that published a report on environmental damage caused by preparations for the 2014 Winter Olympic Games in Sochi. For years, the group has led protests and repeatedly spoke out publicly on these issues. Mr. Vitishko as well as other EWNC members have been previously subjected to threats and harassment due to their human rights work.
The Observatory denounces the judicial harassment faced by Mr. Vitishko and calls on the judicial authorities to review the decision to enact a suspended prison sentence against him, which seems to result from legitimate human rights activities. The Observatory calls for the immediate and unconditional release of Mr. Vitishko.
Actions requested:
Please write to the authorities of Russian Federation, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Evgeny Vitishko as well as of all human rights defenders in the Russian Federation;
ii. Put an end to any act of harassment, including at the judicial level, against Mr. Evgeny Vitishko as well as against all human rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;
iii. 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”,
– its Article 5, which provides that “everyone has the right, individually and in association with others, at the national and international levels (a) to meet or assemble peacefully”;
– its Article 6 (b) and (c), which states that “everyone has the right, individually and in association with others [...] as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and [...] to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,
– 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”;
iv. 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;;
v. 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. Vladimir Putin, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation. Faxes: + 7 495 606 5173 / 630 2408
• Mr. Yurii Ya. Chaika, Prosecutor General, 15 A, Bolshaia Dmitrovka 125993 Moscow, Russian Federation. Fax: +7 495 692 17 25, Email: prgenproc@gov.ru
• Mr. Vladimir Kolokoltsev, Minister of the Interior, Ulitsa Zhitnaya, 16, 117049 Moscow, Russian Federation. Fax: + 7 495 637 49 25
• Mr. Alexander Konovalov, Minister of Justice, 14, ul. Zhitnaya, 119991 Moscow, Russian Federation. Fax: +7 495 955 59 99. Electronic appeals via website: http://minjust.ru/electronic-appeal/email
• Mr. Sergey Lavrov, Minister of Foreign Affairs, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation. Fax: + 7 495 644 2203
• Ms. Ella Pamfilova, Ombudsman of the Russian Federation. E-mail: press-sl@ropnet.ru
• Mr. Mikhail Fedotov, Head of the Council under the President for development of civil society and human rights. Tel: +7 495 606-41-84, Fax: +7 495 606-48-55. E-mail: president-sovet@mail.ru, fedotov_MA@gov.ru
• H.E. Mr. Alexey Borodavkin, Ambassador, Permanent Mission of the Russian Federation to the United Nations in Geneva, Avenue de la Paix 15, CH-1211, Geneva 20, Switzerland. Fax: +41 22 734 40 44, E-mail: mission.russian@vtxnet.ch
• Ambassador Mr. Alexander Romanov, Embassy of the Russian Federation in Brussels, 66, avenue de Fre, Brussels, 1180 Brussels, Belgium. Fax: +32 2 374 26 13. E-mail: amrusbel@skynet.be
• Ambassador Mr. Alexander Alekseev, Permanent Representation of the Russian Federation to the Council of Europe, 75, allee de la Robertsau, 67000 Strasbourg, France. Fax: (+33) (0) 3 88 24 19 74. Email: representationpermderussie@wanadoo.fr
Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.