According to the information received, on May 21, 2009, the Prokuratura of the City of Novorossisk issued an official warning against Ms. Tamara Karasteleva for “inadmissibility of extremist activities”.
The Observatory was also informed that a complaint against Ms. Karasteleva and Mr. Vadim Karestelev was lodged with the Prokuratura by two individuals, namely AA Kologjajnoï and MV Karpenko, alleging that the latter would have carried out “agitation actions” in schools, by notably calling on pupils to take part to the demonstrations that recently took place in Krasnodar against Law 1539-KZ of Krasnodar region, on “Measures to Prevent Child Neglect and Minors’ Offences in Krasnodar Territory”.
Ms. Karasteleva and Mr. Karastelev recently voiced concerns, bringing into question some provisions of the above-mentioned law that are contrary to children’ rights and over-regulate citizens’ rights and freedoms by imposing fines on parents of minors whose children do not respect a strict curfew[1].
On the basis of the complaint, the Prokuratura subsequently concluded that the actions of Mr. Karastelev and Ms. Karasteleva could be likely to trigger extremist activities aiming at hindering the legal State actions on the territory of Novorossisk.
Mr. Karastelev and Ms. Karasteleva rejected this accusation, which they consider completely groundless since they have never visited schools to call for the participation in the demonstration, and arguing that calling to peacefully protest does not constitute an extremist activity. The Committee expressed its intention to challenge the accusation before a court, as an abusive use from the Government of the law against extremism.
The Observatory denounces this case of judicial harassment, which is further evidence of the use of the Russian legislation on extremism to silence human rights defenders in the country.
The Observatory recalls that according to OP 2(iv.) of the Council of Europe (CoE) Declaration on Human Rights Defenders[2], member-States shall “take effective measures to prevent attacks on or harassment of human rights defenders, ensure independent and effective investigation of such acts and to hold those responsible accountable through administrative measures and/or criminal proceedings”.
The Observatory also calls upon the Commissioner for Human Rights of the CoE to act in accordance with operative paragraph 4 of the CoE Declaration on Human Rights Defenders with regards to this situation.
The Observatory further 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 take action on the above-mentioned human rights violations, in line with the EU Guidelines on Human Rights Defenders.
The Observatory finally recalls that the Russian Federation was elected to the Human Rights Council in May 2009 for three years and is committed, in this regard, to “uphold the highest standards in the promotion and protection of human rights”. In addition, as a participating State of the Organisation for Security and Cooperation in Europe (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”[3].
Actions requested:
The Observatory urges the authorities of the Russian Federation to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Vadim Karastelev and Ms. Tamara Karasteleva, as well as all human rights defenders in the Russian Federation;
ii. Put an end to any kind of harassment, including judicial, against Mr. Vadim Karastelev and Ms. Tamara Karasteleva, the Novorossisk Committee for Human Rights and 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.
***
Paris-Geneva, June 23, 2009
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 OMCT + 41 22 809 49 39 / + 41 22 809 49 29
Tel and fax FIDH + 33 1 43 55 25 18 / +33 1 43 55 18 80
[1] Such Articles stipulate that children under 7 shall not appear anytime in public places without their parents or lawful representatives, minors of 7 to 14 years old shall not be outside 9 pm to 6 am, and those aged between 14 and 16 years old from 10 pm to 6 am.
[2] See Declaration of the Committee of Ministers of the Council of Europe for enhanced protection of human rights defenders, adopted on February 6, 2008.
[3] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.