Russia: Great Cops, Wicked People

police vs youthThe Russian Justice Ministry insists there have been no violations by Russian law enforcers at protest rallies, but that complainants broke the law themselves. Photo by Yevgeny Razumny. Courtesy of Vedomosti 

Russian Authorities See No Laws Broken in Large-Scale Detentions at Protest Rallies: Justice Ministry Explains to Strasbourg That Detainees Broke the Law Themselves
Anastasia Kornya
Vedomosti
October 8, 2018

Last week, the Russian Justice Ministry’s press reported the ministry had sent a legal opinion to the European Court of Human Rights (ECHR), explaining the position of the Russian authorities on the merits of twenty formal complaints made to the court concerning administrative convictions handed down by Russian courts for alleged violations of the law on protest rallies during public events in Moscow, St. Petersburg, and Barnaul in 2016–2017.

The Justice Ministry’s opinion is encapsulated in the following argument: “The termination of public events held by the complainants and their prosecution under the law do not violate international norms and [were] aimed at maintaining public order, security, and the rights of other persons. The corresponding charges of administrative offenses were ajudicated by [Russian] courts in full compliance with the requirements of procedural laws, and in compliance with the adversarial principle and the equality of arms.”

The Russian Justice Ministry insists there have been no violations by Russian law enforcers at protest rallies, but that complainants broke the law themselves.

“Although they had the opportunity to hold their events in compliance with the law, the complainants knowingly neglected their obligation to coordinate them with the proper authorities,” the Justice Ministry argued.

The Justice Ministry reminded the court that, in the past, the ECHR has acknowledged the right of states to establish requirements for the organization and conduct of public events, as well as the right to impose penalties on persons who do not comply with these demands. The Justice Ministry referred to the ECHR’s rulings in Berladir and Others v. Russia (10 July 2012) and Éva Molnár v. Hungary (7 October 2008).

Last year, complaints to the ECHR regarding violations of the freedom of assembly were second in popularity only to complaints about conditions of detention, and they may come in first place this year. Since the beginning of 2018, the ECHR has fast-tracked its consideration of these cases in keeping with established practice.

Alexei Glukhov, head of the legal service Defending Protest (Apologiya protesta), which specializes in helping people detained at public events, says that, despite fast tracking, the Russian authorities respond at length to each complaint. (In the cases that Defending Protest has handled, there have been over fifty official communiqués alone.) The responses are almost always the same, however. There were no violations of constitutional rights, the Russian authorities explain: law enforcement agencies acted according to the letter of the law, while it was the demonstrators themselves who violated it, even if the authorities sent them deep into the woods to hold their protest rally.

Glukhov argues the Justice Ministry’s current legal opinion is intended for internal use. Law enforcers and ordinary Russians alike should understand it is pointless to invoke Article 11 of the European Convention, which protects the right to freedom of assembly and association, including the right to form trade unions.

Actually, the Justice Ministry is in a pickle, argues civil rights attorney Dmitry Agranovsky. It must export the image of a democratic country abroad, but this correlates poorly with de facto feudalism at home, where all efforts have been made to reduce the numbers of protests and protesters, says Agranovsky. According to him, not only administrative but also criminal punishments are clearly out of synch with the violations that occur and are meant to have a chilling effect on the populace.

Translated by the Russian Reader

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Getting (No) Satisfaction

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“How the European Court of Human Rights Did in 2017.” Romania, Russia, Turkey, Ukraine, Hungary, Azerbaijan, Georgia, Armenia, and Poland were the the leaders in terms of numbers of complaints the ECHR agreed to consider further, while Russia was number one in terms of rulings made against it. Among the most complaints from Russia were cases involving the right to liberty and security, the right to be protected from inhumane, humiliating treatment, the right to effective medical treatment, to right to a fair trial, and property rights. Source: ECHR. Courtesy of Vedomosti

Russia Leads in the Number of Human Rights Violations Confirmed by the European Court of Human Rights 
This Is Due to the Ineffectiveness of Russia’s Courts, One Expert Argues 
Anastasia Kornya
Vedomosti
January 26, 2018

Russia ranks second among Council of Europe member countries in numbers of complaints made to the European Court of Human Rights (ECHR) and ranks first in number of violations of the European Convention on Human Rights, according to a report on the court’s work in 2017, presented on Thursday by ECHR President Guido Raimondi. Last year, the ECHR rendered a total of 1,068 decisions: 305 of these decisions, or 29%, concerned complaints from Russia. In 293 of these cases, the court ruled that at least one article of the human rights convention had been violated. As of January 1, 2018, 7,747 cases from Russia were in proceedings at the ECHR. Only Romania has supplied the court with more cases: 9,920. In 2017, the 49% of complaints filed against Russia and deemed worthy of consideration amounted to nearly half of all cases accepted by the court for further review.

Pavel Chikov, head of the Agora International Human Rights Group, draws attention to the nature of the cases Russia has lost. They account for 66% of all of the ECHR’s rulings on the right to life, half of its rulings on torture, inhumane treatment or ineffective investigation of complaints of torture and inhumane treatment, and half of all rulings on the lack of “effective legal recourse” and groundless arrests. Finally, Russian plaintiffs won 38% of all cases involving the right to property. Chikov notes that not only has the number of rulings against Russia increased (by a third: from 222 to 305), but the number of complaints filed in Strasbourg has also experienced a sharp upturn. Chikov explains this both in technical terms (the ECHR has taken care of its backlog of cases and accelerated its document review process) and as due to the worsening overall human rights situation in Russia. The ineffectiveness of the country’s own tools for defending people’s rights has led to Russia’s becoming the most problematic country in Europe in this sense.

Russia consistently fulfills its international obligations, including implementing ECHR rulings, although some of them are flagrantly politicized, objects Andrei Klishas chair of the Federation Council Committee on Nation Building. Lately, there has been a tendency to endow the ECHR with the powers of a supranational body, but Russia acknowledges its powers only as an optional mechanism for protecting rights [sic]. National bodies remain the main mechanisms, including the Russian Constitutional Court, Klishas underscores.

The overall circumstances surrounding Russian cases in the ECHR is workaday: nothing overly worrisome has happened, argues Yuri Berestnev, editor in chief of the Bulletin of the European Court of Human Rights (in Russian). According to Berestnev, the growth of rulings in cases against Russia was to be expected, and the cause is purely technical. For three years, the court was completely focused on weeding out flagrantly unacceptable complaints from Russia. The Russian Justice Ministry dispatched a group of twenty Russian attorneys to help the ECHR clear up the logjam by filtering out several tens of thousands of complaints. [Sic!] The remaining complaints have good prospects. In late 2017, the court had accepted 3,000 complaints from Russia for further review, so the number of rulings went up from last year, explains Berestnev. He likewise notes that, in the autumn, the ECHR closed proceedings in 12,000 complaints from Ukraine, pointing out that the systematic problem of the non-fulfillment of decisions by national courts, due to the lack of financial means on the part of member states, should be discussed further by the Council of Europe’s Committee of Ministers. Russia has successfully managed to deal with the same problem, recalls Berestnev.

Translated by the Russian Reader

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Opposition Leader Navalny Targets Kremlin in European Court
The Associated Press
January 24, 2018

STRASBOURG, France — Russian opposition leader Alexei Navalny on Wednesday appeared at a hearing at the European Court of Human Rights into whether Russian authorities violated his rights through numerous arrests.

The court ruled last year that seven of those arrests were unlawful and ordered Russia to pay 63,000 euros (about $67,000) in compensation, but the Russian government appealed.

Proving that Russian authorities had political motives in arresting him and not allowing his rallies to go ahead would set an important precedent for activists across Russia, Navalny told reporters outside the courtroom in the French city of Strasbourg Wednesday.

“This case is important not only for me but also for other people in Russia, especially in the regions because they are stripped of the freedom of assembly,” he said. “If the European Court for Human Rights sees political motives in those cases—and I think we have presented enough evidence for this today—it will make an important precedent in Russia.”

A final ruling is expected at a later date.

Russian President Vladimir Putin’s most serious political foe, Navalny wants to mount a boycott of the March presidential elections after he was barred from running.

Navalny has faced fraud charges viewed as political retribution for investigating corruption and leading protests. A Moscow court this week ordered the closure of a foundation that he used for his failed election campaign.

Navalny mounted a sprawling grassroots presidential campaign before he was officially barred from running in December. Navalny’s boycott campaign might cut the voter turnout, which would be an embarrassment for the Kremlin.

Burning Down the House

Pop singer Seal performs for Ramzan Kadyrov, Jean-Claude Van Damme, and other VIP guests at
Pop singer Seal performs for Chechen leader Ramzan Kadyrov, Jean-Claude Van Damme, and other VIP guests during a ceremony to mark Kadyrov’s 35th birthday and City Day celebrations in Grozny, Chechnya, October 5, 2011.

“Chernovik”: Man Who Complained to Putin about Kadyrov Has House Burned Down in Chechen Village of Kenkhi
Mediazona
May 13, 2016

According to Chernovik, the house of local resident Ramazan Dzhalaldinov, who had complained to Vladimir Putin about the Chechen authorities, had his house burnt down late on the night of May 12 in the village of Kenkhi, in Chechnya’s Sharoy District.

As Dzhalaldinov’s wife told Chernovik, around midnight, masked men entered the house. They said they had come to rescue them. The women and three daughters were put in a car, but later were thrown out under a bridge.

“And the house was set on fire. Residents of the village have been forbidden to say anything on the topic under threat of their houses being set on fire,” she said.

A few weeks ago, Ramazan Dzhalaldinov recorded a video appeal to President Vladimir Putin in which he spoke about the poor living conditions in the villages, the houses left destroyed after the two military campaigns of 1994-1996 and 1999, and the corruption of local officials. After posting the video, Dzhalaldinov left the republic.

In late April, the other villagers corroborated Dzhalaldinov’s complaints to a correspondent for TV Rain. Afterwards, villagers who had spoken with the reporter were detained by Chechen security forces.

On May 6, Ramzan Kadyrov, acting head of Chechnya, visited the village of Kenkhi and spoke with several residents, who once again confirmed what Dzhalaldinov had related in his video message.

Kadyrov promised to repair roads and tower complexes in three months, supply the village with natural gas lines, and build mosques in the Sharoy District.

After Kadyrov’s visit, Grozny TV aired a report in which it was claimed that “residents of the village publicly condemned the conduct of [their] countryman” Ramazan Dzhalaldinov.

Village of Kinkhi, Sharoy District, Chechnya
Village of Kinkhi, Sharoy District, Chechnya

Translated by the Russian Reader. Photos courtesy of Human Rights Foundation and Panoramio.