A residence permit on Lermontov Street: why a human rights activist from Obninsk violates the laws of the Russian Federation
October 3, 2015
Human rights activist Tatyana Kotlyar, who has registered over a thousand immigrants at her home, is on trial in Obninsk. DW got to the bottom of the case.
The latest hearing in the case of human rights activist Tatyana Kotlyar, on Friday, October 2, at the Obninsk Magistrate Court, began with a surprise. It transpired that the judge hearing the case had resigned a mere two days earlier.
“I wonder if there is an article in Criminal Code for causing a judge to resign?” joked defense counsel Illarion Vasilyev.
He does not rule out that the resignation was connected to the Kotlyar case. Earlier, 43-year-old Judge Svetlana Baykova sent the case back to the prosecutor’s office because new circumstances had come to light: the list of immigrants the defendant had been accused of having registered in her “rubber” flat had changed. Along with the new circumstances has come a new judge, Dmitry Trifonov. Now everything has to begin again, complains Vasilyev, although, during the previous phase, examination of the witnesses alone lasted two months. Since none of the witnesses was present at the October 2 session, a substantive consideration of the case was postponed until October 12.
The substance of the case
Former Obninsk City Assembly deputy Tatyana Kotlyar does not deny that she has registered over a thousand people in her three-room flat on Lermontov Street. She registered them deliberately and made no secret of the fact, even mentioning it in an open letter to President Putin. Former residents of such different countries as Kazakhstan, Ukraine, Tajikistan, Germany, Israel, and even Brazil are registered in Kotlyar’s flat.
“There were Old Believers from Brazil, who had decided to return to Russia seventy years later,” recounts Kotlyar. “They sold everything and left. When they showed up on my doorstep in their old-fashioned caftans, I thought a folk music ensemble had arrived. Now they have received land in rural areas, they have received Russian passports, and they are fine.”
Most of Kotlyar’s wards arrived in Russia under the state program for the resettlement of compatriots. In operation since 2006, the program involves a simplified procedure for obtaining Russian citizenship for people “brought up in the traditions of Russian culture, [and who] speak Russian and do not wish to lose touch with Russia.” Kaluga Region is one of the regions participating in the program. In these regions, new residents of the Russian Federation are supposed to get full support from the state, including assistance finding employment and even relocation expenses.
“But no one warned them that the first thing they would need to do would be to register themselves at their place of residence,” complains Kotlyar. “Without registration [propiska] it is impossible to draw up documents, send children to school, and register for care at a local health clinic.”
“She didn’t take a kopeck from us”
This was the problem faced by Diana Tigranyan, who moved with her family from Yerevan to Obninsk.
“At the Russian consulate in Armenia they promised us mountains of gold! No one said we would need a residence permit,” recounts Tigranyan. “But here it turned that the owners of the flat we rented were afraid to register strangers. There are firms that charge 15,000 rubles a person for this service. But I have a husband, parents, and two children. Where would I get this money?”
It was not just anyone who advised Tigranyan to turn to Kotlyar, but the Federal Migration Service itself.
“The female employee who was processing my documents said, ‘I cannot help you in any way, but out in the hallway there is a woman. Try approaching her.'”
At first, Tigranyan thought Kotlyar also made money from residence permits.
“I offered her money, and she turned it down. When we told about this in court, no one believed it. But she really is a saint. She didn’t take a kopeck from us.”
Tatyana Kotlyar became an offender on January 1, 2014, when the so-called law on rubber flats came into force. It makes registering a person somewhere other than their place of residence a criminal offense. Criminal charges were filed in March 2014. Kotlyar was charged under Article 322.2 of the Criminal Code (“Fictitious residence registration of foreign citizens in residential accommodation in the Russian Federation”) and Article 322.3 (“Fictitious local registration of a foreign citizen in residential accommodation in the Russian Federation”). Interestingly, on the list of twelve names entered into evidence by the prosecution, there are two people whom Kotlyar has never seen herself.
“Apparently, some woman at the passport office or post office who handles registration knew about my flat and just registered some more people there, for money or as a favor.”
In recent months, Kotlyar has registered several hundred Ukrainian citizens.
“They come to see me every day. They include both refugees from hot spots and men from other regions who are threatened with being drafted into the army in Ukraine. The Russian government has promised to help, but ultimately these people face the same problem as all immigrants.”
Kotlyar is certain that the law on rubber flats violates human rights.
“This did not happen even under Stalin. Then they sentenced people to camps for residing without a passport or residence permit, but at least they didn’t punish the landlord.”
According to Kotlyar, the government is trying to fight the effect rather than the cause.
“Where there is demand, there will always be supply. The problem is not rubber flats, but the very institution of the residence permit. It should be a matter of simple notification, and its presence or absence should in no way affect the provision of civil rights.”
She helped solved the crime
Illarion Vasilyev, Kotlyar’s attorney, understands that the human rights activist has deliberately put herself in the way of the new law to draw attention to the problem.
“Yes, it’s her civic stance. She knows she will be held liable, and she has issued a challenge,” says Vasilyev in an interview with DW. “Has she harmed anyone? Yes, she probably has. The service of legalizing compatriots costs a lot of money, and Kotlyar constitutes competition for the firms that make money on this. But the people who are questioned as prosecution witnesses at the trial bow at her feet and say thank you.”
Article 322.2 of the Criminal Code stipulates a fine of 100,000 to 500,000 rubles or imprisonment for up to three years for fictitious registration. The article, however, contains an important proviso.
“A person who commits an offense under this article shall be exempt from criminal liability if he helped solve the crime and if his actions do not constitute another crime.”
According to Vasilyev, no one has helped solve the crime as much as Kotlyar herself has.