The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and of the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in the Russian Federation.
Description of the situation:
According to the information received, on June 27, 2008, Ms. Almaz Choloyan, the Director of the Migrant Help Centre in Nizhny Novgorod, appeared on the national TV channel NTV programme "Humanitarian ration", and alleged that local human rights activists had launched a smear campaign against her. Thus, she made several accusations against NGOs in Nizhny Novgorod, specifically against the RCFS, the Nizhny Novgorod Foundation to Support Tolerance, and the Other Russia opposition coalition. She said that local human rights activists were "swindlers only interested in foreign money".
Furthermore, Ms. Almaz Choloyan specifically named Mr. Stanislav Dmitrievsky, the referent of the Nizhny Novgorod Foundation for the Promotion of Tolerance and the Executive Director of the Finland-registered RCFS, as well as Ms. Oksana Chelysheva, Director of the Nizhny Novgorod Foundation for the Promotion of Tolerance.
Since the broadcast of this programme, the accusations made by Ms. Choloyan have been repeated
in Russian media, and the authorities in Nizhny Novgorod seem to have waged a concerted campaign of harassment against local dissidents.
It is to be noted that Ms. Choloyan is under threat of criminal charges being brought against herself and could act under pressure. However, Ms. Choloyan subsequently insisted that what she said on NTV was true. She further stated that she intended to defend her case in court.
The Observatory recalls that RCFS, the Nizhny Novgorod Foundation for the Promotion of Tolerance and their members have been subjected to constant acts of harassment in the past. Thus, on March 20, 2008, the police raided the office of the Foundation for and confiscated all the computers thereat. The police also confiscated the mobile phone of Mr. Dmitrievsky[1].
The Observatory reiterates its deepest concern about the ongoing harassment of human rights NGOs and their members in the Russian Federation, and recalls that according to Article 12.2 of the United Nations Declaration on Human Rights Defenders, "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".
The Observatory further recalls that the Russian Federation was elected to the Human Rights Council in June 2006 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"[2].
The Observatory also points out that under the terms of the Declaration of the Committee of Ministers of the Council of Europe for enhanced protection of human rights defenders, adopted on February 6, 2008, member-States are required to "create an environment conductive to human rights defenders, to take effective measures to protect, promote, and respect them, to ensure their access to effective remedies, to take action to prevent attacks and harassment against them, and to ensure their effective access to the European Court of Human Rights".
Actions requested:
The Observatory urges the authorities of the Russian Federation to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Stanislav Dmitrievsky, Ms. Oksana Chelysheva, all members of the RCFS and the Nizhny Novgorod Foundation to Support Tolerance, and more generally of all human rights defenders in the Russian Federation;
ii. Put an end to all acts of harassment 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 the above-mentioned Article 12.2;
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, Russia, Faxes:+ 7 095 206 5173 / 230 2408, Email: president@gov.ru;
– Prosecutor General of the Russian Federation, Vladimir Ustinov, 103793 g. Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 095 292 88 48;
– 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: +7 495 207-53-37;
– 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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Geneva-Paris, July 11, 2008
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 FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] See Observatory Urgent Appeal RUS 002 / 0308 / OBS 041, issued on March 20, 2008.
[2] 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.