Entweder Gehst Du oder Ich Gehe!

friedrichshain police state.JPGGermany has begun implementing the Putinist police state in parts of Berlin to make its Russian partners feel less lonely in their pursuit of absolute tyranny. Photo by the Russian Reader

Council of Europe and Russia Reach Tentative Compromise
Deutsche Welle
May 17, 2019

Russia said it had no desire to leave the Council of Europe and was ready to pay its dues following an apparent breakthrough between Moscow and Western nations. Russia’s delegation had faced sanctions over Crimea.

France and Germany pushed through a compromise that would allow Russia to return to the Council of Europe (CoE), as foreign ministers from the 47 member states resumed their two-day summit in Helsinki.

The Russian delegation has faced sanctions at the CoE over the annexation of Crimea by Russia in 2014. One of the measures included stripping Russia’s representatives of their voting rights, which in turn prompted them to boycott CoE plenary sessions.

On Friday, the body adopted a declaration saying “all member states should be entitled to participate on an equal basis” in the CoE. The declaration also states that its members “would welcome that delegations of all member states be able to take part” in the assembly next June.

“We do not intend to leave the Council of Europe, as some rumors would have you believe,” said Russian Foreign Minister Sergey Lavrov. “We are not evading any of our commitments, including the financial ones.”

Germany’s top diplomat Heiko Maas previously met with Lavrov on Friday. Maas said it was “good that we have agreed that Russia should stay in the CoE Parliamentary Assembly—also to give millions of Russians the protection of the European Court of Human Rights.”

Berlin has actively supported Russia’s full reinstatement into the council, but that did not come without conditions, Maas told DW.

“We have also agreed on a mechanism by which it will be possible in future to sanction members of the CoE who violate fundamental legal provisions.”

In 2017, Russia stopped its financial contributions, leaving the CoE with an annual budget hole of some €33 million ($37 million). Russia could be suspended from the body next month for not paying its membership fees.

Activists Want Russia in CoE
Human rights activists were concerned that suspending or expelling Russia from the assembly, which is a non-EU organization to uphold human rights, could have a disastrous effect on civil society in Russia. The watchdog body is in charge of electing judges for the European Court of Human Rights (ECHR) and the largest percentage of ECHR cases comes from Russia. Others worry that revoking Russia’s membership could eventually bring back capital punishment in the country.

Ukraine Warns of “Normalizing” Russia’s Actions
Ukraine responded angrily to the reconciliatory signals between Russia and France and Germany. In protest, Ukraine’s Foreign Minister Pavlo Klimkin decided to send his deputy to Helsinki.

In a Facebook post, Klimkin also said that ending sanctions would start the process of “normalizing” everything Russia has done.

“And if some people in Europe respond to Kremlin blackmail and hide their heads in the sand, very soon there might be nothing left of the Council of Europe and ultimately of all European values,” he said.

Thanks to Jukka Mallinen for the heads-up.

_____________________________________________

When you make endless compromises with gangsters, you end up shredding your own principles into pulp.

The Russian Federation does not honor or observe the European Convention on Human Rights in any way, shape or form, and it knows it.

Keeping it in the Council of Europe at all costs will, ultimately, ensure the collapse of democracy and the rule of law all over Europe.

Kicking it out would speed up the Putin regime’s collapse and finally spark a crisis among Russia’s elites and grassroots in which Russians would have a chance to get rid of Putin and his thugs.

But it is a job they have to do themselves. The dicey argument that human rights defenders in Russia need the European Court of Human Rights to defend human rights in Russia only postpones what has to happen sooner or later.

On the contrary, diplomatic victories like this tell the Putin regime in no uncertain terms to ratchet up the crackdowns at home and the neo-imperialist military adventures abroad, because both its own people and European democracies are too weak to call it on the carpet.

Europe doesn’t want to deal with Putin’s twenty-year-long war against democracy and human rights in Russia, despite the fact that ordinary Russians in faraway places like Yekaterinburg and Shies are fighting the regime tooth and nail

But who cares about them? Who in Europe has ever heard of Shies? How many European officials can find Yekaterinburg on a map?

This compromise gives the Kremlin the green light to crack heads in both places, if push comes to shove, knowing it has Europe firmly on its side. {TRR}

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How Russia Treats “Compatriots”: The Case of Tatyana Kotlyar

A residence permit on Lermontov Street: why a human rights activist from Obninsk violates the laws of the Russian Federation
Julia Vishnevetskaya
October 3, 2015
Deutsche Welle

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.

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Human rights activist Tatyana Kotlyar

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?”

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Diana Tigranyan and family

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.”

Criminal case
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.”

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Illarion Vasilyev, Tatyana Kotlyar’s defense attorney

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.

Translated by the Russian Reader