The Observatory has been informed by reliable sources about the registration of a criminal complaint brought against Mr. Oleg Orlov, Chairman of the Human Rights Center (HRC) "Memorial", by Chechen President Ramzan Kadyrov, for "slander" and prejudice to his "honour and dignity".
The Chechen President has been suing Mr. Orlov since the latter declared that President Kadyrov was "guilty" ("vinoven" in Russian) of the assassination of "Memorial" member Natalia Estemirova on July 15, 2009, and that the work of human rights activists had become impossible in Chechnya under Mr. Kadyrov’s rule[1].
On October 20, 2009, a criminal complaint brought by Mr. Kadyrov against Mr. Orlov was registered with the Moscow Central Directorate for Internal Affairs (GUVD), under parts 2 and 3 of Article 129 of the Criminal Code ("slander"), which provide for fines and imprisonment. The Public Prosecutor had initially refused to register this complaint on September 3, but Mr. Kadyrov had appealed the refusal on September 8.
On November 5, Ms. Svetlana Gannushkina, member of the HRC "Memorial", was interrogated in the framework of this criminal complaint. Mr. Orlov is to be interrogated on November 12 or 13. As of issuing this urgent appeal, no charge was brought yet against Mr. Orlov.
This criminal complaint follows a civil one that had been brought against Mr. Orlov by Mr. Kadyrov on August 13, 2009 for "slander" and prejudice to his "honour and dignity". On October 6, 2009, the Tverskoy District Court had condemned the HRC "Memorial" to the payment of 50,000 rubles in damages (about 1,140 Euros) and its Chairman, Mr. Oleg Orlov, to 20,000 rubles (about 450 Euros) on the basis of this civil complaint[2].
Both Messrs. Orlov and Kadyrov appealed the October-6 ruling, and no date has yet been set for the appeal.
On October 29, 2009, the Representative for the Organisation for Security and Cooperation in Europe (OSCE) on Freedom of the Media 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"[3].
The Observatory denounces the continuation of judicial harassment against prominent Russian human rights defenders and organisation, and recalls that Article 10 of the European Convention of Human Rights and other international human rights standards guarantee freedom of expression. The Observatory therefore calls upon the authorities to immediately and unconditionally drop the civil and criminal actions lodged against Mr. Oleg Orlov and the HRC "Memorial" as they seem to aim at sanctioning their human rights activities;
The Observatory also points out that according to OP 2(iv.) of the Council of Europe (CoE) Declaration on Human Rights Defenders[4], member-States shall "take effective measures to prevent attacks on or harassment of human rights defenders", and calls upon CoE member-States as well as the Commissioner for Human Rights of the CoE to act in accordance with the provisions of this document.
The Observatory more generally underlines that as a participating State of the OSCE, the Russian Federation acknowledges that "the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on States to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", and recognises "the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States"[5].
The Observatory finally urges the European Commission Delegation as well as European Union (EU) Member-States embassies in the Russian Federation to call upon the Russian authorities to comply with the relevant international norms and standards, and to take action on this situation, in line with the EU Guidelines on Human Rights Defenders.
Actions requested:
The Observatory urges the authorities of the Russian Federation to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Oleg Orlov, members of the HRC "Memorial" and all human rights defenders in the Russian Federation;
ii. Put an end to all acts of harassment, including at the judicial level, against Mr. Oleg Orlov as well as against all human rights defenders in the Russian Federation, and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;
iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with Article 1, which provides that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", as well as with Article 12.2 ("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 Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights;
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.
Addresses:
· 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 17 25
· Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax:+70952064855
· Vladimir Lukin, Russian Federal Ombudsman for Human Rights, Fax: +7 495 207 3969 / +7 495 207-53-37
· Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 095 237 49 25
· Minister of Foreign Affairs, 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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