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.

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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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Russian Police Tortured Jehovah’s Witnesses in Surgut with Stun Guns

stun master 100-sA stun gun like the Stun Master S-100 could have been used by Russian police on recalcitrant Jehovah’s Witnesses in Surgut. The Stun Master delivers an electric shock of 100,000 volts and sells for a mere $22 at diyhomeprotection.com.

Forensic Examination Confirms Surgut Jehovah’s Witnesses Tortured with Stun Gun
OVD Info
March 28, 2019

Defense lawyers commissioned an independent forensic examination of the wounds on the bodies of six Jehovah’s Witnesses in Surgut. The Stealth Forensic Research Institute concluded five of the men could have been tortured with stun guns. OVD Info has a copy of the institute’s findings.

Burns from stun guns were found on Vyacheslav Boronos, Yevgeny Kairyak, Kirill Severinchik, Alexei Plekhov, and Artyom Kim.

The forensic examiners concluded the wounds on the bodies of the arrested men were consistent with wounds they could have received if they had been shocked with stun guns. The examiners arrived at the findings after analyzing medical files and considering the opinions of experts on the wounds and the photographic and video documentation of the wounds.

In mid February, numerous police raids and searches were carried out in the homes of Jehovah’s Witnesses in Surgut. At least seven of the men detained during the raids complained they were beaten, humiliated, and tortured with stun guns. OVD Info published an account of these events, as provided by the victims’ lawyer.

On March 27, the Russian Investigative Committee reported the Jehovah’s Witnesses detained during the raids in Surgut had not been tortured with stun guns. But they had been subjected to physical force due to the fact that they, allegedly, had resisted arrest. The Investigative Committee thus explained why there had been bruises and abrasions of the legs of the Jehovah’s Witnesses.

In April 2017, the Russian Supreme Court ruled that the Administrative Center of Jehovah’s Witnesses in Russia was an extremist group and banned its work nationwide. In August 2017, all Jehovah’s Witness congregations in Russia were placed on the list of officially banned “extremist” groups.

Translated by the Russian Reader

Here is a list of the articles I have previously published about the new campaign of persecution of Russian Jehovah’s Witnesses:

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SM-100S-bFeatures:

  • 100,000 Volts
  • 4.5″ Tall
  • Safety Switch
  • Wrist Strap
  • Lifetime Warranty
  • Uses One 9V Energizer Eveready Alkaline Battery (not included)

How To Use:

  • A short blast of 1/4 second will startle an attacker, cause minor muscle contractions and have a repelling effect.
  • A moderate length blast of 1 to 4 seconds can cause an attacker to fall to the ground and result in mental confusion.  It may make an assailant unwilling to continue an attack, but will be able to get up almost immediately.
  • A full charge of 5 seconds can immobilize an attacker, cause disorientation, loss of balance, falling to the ground and leave them week and dazed for several minutes afterward.

Note: This Stun Master stun gun will have an effect anywhere on the body, but the maximum effect is in the following areas:

  • Upper Shoulder
  • Below Rib Cage
  • Upper Hip

How Stun Guns Work:

The stun gun does not rely on pain for results. The energy stored in the gun is dumped into the attacker’s muscles causing them to do a great deal of work rapidly.

This rapid work cycle instantly depletes the attacker’s blood sugar by converting it to lactic acid. In short, he is unable to produce energy for his muscles, and his body is unable to function properly. The stun gun also interrupts the tiny neurological impulses that control and direct voluntary muscle movement. When the attacker’s neuromuscular system is overwhelmed and controlled by the stun gun he loses his balance.

Should the attacker be touching you, the current will NOT pass to your body! Stun Master has been a leading brand in the stun gun industry since 1994 making it a true icon in the world of self-defense. This type of success for so many years in a competitive field is the finest recommendation any product could be given.

Source: DIY Home Protection

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Article 3 of the European Convention on Human Rights prohibits torture, and “inhuman or degrading treatment or punishment”. There are no exceptions or limitations on this right.

Article 9 – Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

The Russian Federation signed the European Convention on Human Rights on February 28, 1996, and ratified it on May 5, 1998.

Unionized Independent Russian Truckers Persecuted by Putin Regime

Opponents of Plato Road Tolls System Complain to European Court of Human Rights They Have Been Victims of Political Persecution
Their Organization Was Earlier Ruled a “Foreign Agent”
Anastasia Kornya
Vedomosti
December 26, 2018

The Association of Russian Carriers (OPR), an organization of independent truck drivers  the Russian Justice Ministry placed on its list of “foreign agents” late last year, has filed a complaint with the European Court of Human Rights (EHCR) in Strasbourg, claiming its right to freedom of association had been violated and it had been subjected to political persecution, in violation of Article 11 and Article 18 of the European Convention on Human Rights, as reported by Alexei Glukhov, a lawyer with the Agora International Human Rights Group who represents the OPR in Strasbourg.

The OPR emerged during the campaign for the rights of truckers that kicked off after the Plato road tolls payment system went online in November 2015. The OPR brought together independent truck owners and truck drivers. In June 2017, it announced it was planning to nominate its chair, Andrei Bazhutin, as a candidate for the Russian presidency. Shortly thereafter, the Justice Ministry launched an audit of the OPR, resulting in its being ruled a “foreign agent.” The ministry cited four donations from private individuals in Germany, totaling 3,620 euros, as evidence of “foreign financing.”

In a report on its oversight of the work of “foreign agent” NGOs in 2017, the Justice Ministry claimed the OPR had engaged in “political activity” by “organizing and holding  events calling for the resignation of the Russian federal government.” In June of this year, the Krasnogvardeisky District Court in Petersburg fined the OPR 400,000 rubles [approx. $5,755] for failing to voluntarily [sic] register itself as a “foreign agent.”

The complaint says the OPR has been a nuisance to the Putin regime since the organization has led the campaign against the Plato road tolls payment system, which ultimately benefits businessmen closely allied with the Kremlin. The truckers are certain it was their grassroots activism that caused the authorities to persecute them. The fine leveled against the OPR not only was far in excess of the foreign donations it received but has also financially ruined the organization.

Glukhov points out the ECHR has received several dozen complaints from Russian NGOs labeled “foreign agents” by the Russian government, but the court has not yet ruled on Russia’s “foreign agent” law and its application in practice. However, the court has communicated the facts of the first large group of cases to the Russian authorities, while a second group of cases was nearing completion, meaning that a ruling on complaints filed by Russian “foreign agent” NGOs could be expected next year, argues Glukhov. The OPR’s complaint is part of a third wave of complaints filed in Strasbourg. As they await the court’s ruling, Russian NGOs continue to suffer from the harsh law.

Everyone has the right to complain to the EHCR, but the Russian Justice Ministry begins to work with a complaint [sic] only after the court has communicated its consent to hear the case, says Andrei Fyodorov, head of the office of Russia’s representative to the EHCR.

Lawyer Dmitry Agranovsky says the EHCR has rarely ruled that Article 18 of the European Convention has been violated. Recently, however, in response to a complaint filed by opposition politician Alexei Navalny, the court ruled Russia had violated Article 18. The ruling was a precedent of sorts. Agranovsky has the sense that, before the Navalny case, the court’s Grand Chamber had postponed other cases in which Article 18 had been invoked, but now it had worked out a common set of rules that could be applied in other cases as well. On the other hand, there was a risk Article 18 would be devalued, Agranovsky warns [sic].

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[Three] Years of Plato: How Russian Authorities Forced Truckers to Pay Road Tolls

fullscreen-118c.jpg[Three] years ago, on November 15, 2015, Russian authorities launched the Plato system (“Plato” is an acronym for “payment for a ton” in Russian) to collect tolls from owners of heavy-duty trucks traveling on federal highways. The authorities claimed their goal was to compensate for the damage the trucks caused to roads. It was decided the toll would be applied to owners of trucks weighing over twelve tons. Photo courtesy of Maxim Stulov/Vedomosti and RBC 

fullscreen-12pmThe right to develop and implement Plato was awarded to RT Invest Transport Systems without tendering. The company is owned on a parity basis by Igor Rotenberg and RT Invest, which is 25.01% owned by Rostec and 74.99% owned by Andrei Shipelov’s firm Tsaritsyn Capital LLC. The Russian government agreed to pay Plato’s developer and operator 10.6 billion rubles [approx. $153 million at current exchange rates] annually.  Photo of Igor Rotenberg courtesy of Nikolai Galkin/TASS and RBC 

fullscreen-123u.jpgOpposition politician Alexei Navalny and Anti-Corruption Foundation (FBK) lawyer Ivan Zhdanov asked that the courts declare the government’s agreement with RT Invest Transport Systems null and void. Their lawsuit was rejected first by the Moscow Court of Arbitration, and later by the Russian Constitutional Court. Photo of Alexei Navalny courtesy of Yevgeny Razumny/Vedomosti and RBC 

fullscreen-12do Truckers in forty Russian regions protested against Plato in November 2016. They demanded Plato be turned off, a three-year moratorium imposed on its use, and the system be tested for at least a year. Photo by Yevgeny Yegorov/Vedomosti and RBC

fullscreen-12suWhen Plato was launched in November 2015, truck drivers paid 1.53 rubles a kilometer. Four months later, the authorities planned to double the toll, but after negotiations with truckers they made concessions, reducing the toll increase to 25%. Since April 15, 2017, the authorities have charged trucks 1.91 rubles a kilometer. Photo courtesy of Sergei Nikolayev/Vedomosti and RBC 

fullscreen-12d8However, even the discounted [sic] toll increase did not sit well with all truckers [sic]. On March 27, 2016, the OPR went on what it called an indefinite nationwide strike. Truckers protested the toll increases and demanded fairness and transparency at weight stations. Photo by Yevgeny Razumny/Vedomosti and RBC. [The slogans read, “Down with Plato!!! It’s Rotenberg’s Feeding Trough” and “We’re Against Toll Roads.”

fullscreen-12jxIn October 2017, the government approved a bill increasing fines for nonpayment of Plato tolls from 5,000 rubles to 20,000 rubles. If passed, the law would make it possible to charge drivers for violations that occurred six months earlier. The new rules were set to take effect in 2018. Photo of Dmitry Medvedev courtesy of Dmitry Astakhov/TASS and RBC 

fullscreen-1ghbPlato’s database has registered 921,000 vehicles weighing over twelve tons. According to the Russian Transport Ministry, during its first two years of operation, Plato raised 37 billion rubles for the Federal Roads Fund. In the autumn of 2017, the government selected three projects that would be financed by the monies raised by Plato: a fourth bridge in Novosibirsk and bypasses around the cities of Chusovoy (Perm Territory) and Khabarovsky. Photo courtesy of Georgy Shpikalov/PhotoXPress and RBC

fullscreen-11h3.jpgVehicles that transport people are exempt from Plato tolls, as are emergency vehicles, including vehicles used by firefighters, police, ambulance services, emergency services, and the military traffic police. Vehicles used to transport military equipment are also exempt from the toll. Photo courtesy of Gleb Garanich/Reuters and RBC

 

Let’s Give In to Russian Blackmail

nod-constitution day-1“The Russian Constitution: The Basic Law or Legal Sabotage?” Front page of a newspaper handed out on the streets of Petersburg by memberx of NOD (National Liberation Movement) on December 12, 2018, celebrated as Constitution Day in Russia. This article argues that Russia’s current constitution, adopted in 1993, was drafted by CIA agents working under the cover of USAID. Their goal, allegedly, was to colonize Russia by subjugating its sovereignty to international law.

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Don’t Let Russia Leave the Council of Europe
Yuri Dzhibladze and Konstantin Baranov
oDR
December 13, 2018

Those who wish to punish the Kremlin for its aggressive actions in Ukraine and elsewhere are missing the target: it is not the Russian government, but the Russian public who will suffer if the country leaves the Council of Europe.

After the Kerch Strait incident, proponents of pushing Russia out of the Council of Europe seem to have got additional justification for their position in a discussion that rages in the Council’s Parliamentary Assembly (PACE). In fact, the potential costs of this departure appear to be too high and far-reaching—not only for the Russian society, but for the whole of Europe.

More than four years since its delegation has been deprived of voting and participation rights in the PACE, Russia is now a step away from leaving the Council of Europe – either at its own initiative or as a result of expulsion for non-payment of its membership fees. In recent months, the situation has reached a deadlock due to an uncompromising position of both the Russian authorities and their critics in the PACE.

Those who wish to punish the Kremlin for its aggressive actions in Ukraine and elsewhere miss the target: it is not the Russian government, but the Russian public who would suffer the most should the country leave the Council of Europe. Since 1996, when Russia joined the organisation, for millions living in the country (including nationals of other states), the European Court of Human Rights (ECtHR) has been an ultimate hope for justice, which they cannot find in Russia. In this period, almost 2,500 judgements have been delivered to Russia. In 2017 alone, the state paid over 14.5 million euros as just satisfaction to victims. The judgments have had a significant positive impact on Russian laws and judicial practice, despite their implementation being far from ideal and counting to roughly one-third of cases. Should Russia depart from the Council of Europe, the scope of human rights problems in the country will grow exponentially, including a threat of speedy reinstatement of the death penalty.

The potential consequences would go far beyond the deterioration of the internal situation. This move would not resolve the issue of the annexed Crimea or put an end to the armed conflict in Donbass. On the contrary, expelling the violating country would demonstrate the weakness of the European system of protection of human rights and the rule of law in dealing with such gross violations.

What is more, Russia’s withdrawal would definitely worsen conditions of citizens of Ukraine and other countries who are held in Russian prisons and face unfair trials, torture and inhuman and degrading treatment. It would also result in a denial of the protection of the European Convention on Human Rights (ECHR) to inhabitants of Russia-controlled Crimea. It would eliminate effective guarantees from deportation for refugees and asylum seekers from Syria, Afghanistan and Central Asia. Finally, the practice of expulsion of a member state might trigger other countries to leave the Council and deter Belarus from returning to a special observer’s status at the PACE.

Politicians should assume full responsibility for making the choice that may define Europe’s future and work towards a solution that would preserve the common European legal framework and space for critical dialogue aimed at promoting human rights, democracy and the rule of law on the entire territory of Europe, including Russia.

We do not demand to “give in to blackmailing.” Lifting all restrictions on the Russian delegation in the PACE would be indeed unprincipled. However, finding a reasonable solution, in our view, would be a courageous decision to take responsibility and to advance the core values of the organisation by allowing the critical dialogue to continue. Amending the PACE rules of procedure – restricting national delegations’ rights only within the Assembly itself and not depriving them of the voting rights in elections of non-PACE mandates—including ECtHR judges, Commissioner for Human Rights and Secretary General—appears such a legally sound and reasonable solution.

Threats by Russian officials to leave the Council of Europe are not just a bluff to raise the bargaining stakes. There are many influential people in the Russian political establishment in favour of isolationist policies who actually want the country to withdraw. If a reasonable solution is not found before next spring, Russia’s authorities will not wait for the official discussion of its potential expulsion at the Committee of Ministers in June 2019 and will announce the withdrawal from the Council before.

It should be clear to everyone: Russia’s departure from the Council of Europe would not stop human rights violations and halt the authoritarian backslide in our country, or prevent the Kremlin’s aggressive behaviour in the international arena. Instead, it would put an end to a difficult struggle of Russian civil society to make Russia an important part of Europe on the basis of shared norms and values of democracy, rule of law and respect for human rights. It will turn a large territory in Europe into a legal “grey zone” for decades to come.

The authors represent a group of Russian human rights defenders who recently issued a Memorandum on the crisis in relations between the Council of Europe and the Russian Federation.

About the authors

Yuri Dzhibladze is a founder and president of Moscow-based Centre for the Development of Democracy and Human Rights and advocacy coordinator at the EU-Russia Civil Society Forum. He has worked on human rights, democracy, and international organisations since the late 1980s.

Konstantin Baranov is member of the Coordinating Council and international advocacy coordinator at the Youth Human Rights Movement, an international NGO enjoying participatory status with the Council of Europe. He is an expert on the protection of civil society space and fundamental freedoms in Russia and the post-Soviet area.

NB. This article was originally published by oDR under a Creative Commons Attribution 4.0 International licence

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When will Russia stop behaving like the enemy of Western Europe?
Dima Vorobiev, I worked for Soviet propaganda
Quora
Answered Feb 18

Russia is not the enemy of the Western Europe. The disruptive policy of President Putin is aimed at (1) weakening the political and military dominance of the US in Europe and/or (2) full or partial acceptance by the West of the following list of Russia’s political objectives:

  • Recognition of Crimea as Russian territory
  • Total freeze on expansion of NATO. No membership for Sweden, Finland, Ukraine or Georgia.
  • No NATO bases in the Baltics, Poland, Czech republic and Slovakia, Romania and Bulgaria. Removal of the American anti-ballistic bases in Central Europe.
  • Finlandization of Georgia, Ukraine and guarantees of such arrangement for Belarus, in case it gets a pro-Western government in the future.
  • Guarantees of unhindered land connection through Lithuania between the Russian heartland and the exclave of Kaliningrad. The unhindered transit through the Suwalki gap would be very useful for Russia as a gauge of the level of determination on the part of NATO in the case of a swift escalation in tensions.
  • Recognition of Russia’s right to permanent military presence in the Mediterranean (through bases in Syria and possibly in Libya or other places)
  • Repeal of all sanctions against Russian oligarchs, their companies and sectoral interests.

If the West won’t agree to such a new global security arrangement, the current confrontation will continue, with variations only in the level of tensions. Because of the technological gap, the Russian military-industrial complex will increasingly depend on China for high-tech components for our weapons systems. Russian economy will also be more and more streamlined to accommodate the needs of Chinese manufacturing.

This stalemate can continue for many years, unless one of the following happens:

  1. Unexpected massive deterioration of economy in Russia.
  2. Low-probability, high-impact catastrophe in the US or Europe that makes the West seek help from Russia
  3. Power shift in Russia with full revision of national policy. (Highly unlikely with President Putin still in power).

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

Goodbye to All That?

DSCN6820.jpg“It’s a fiasco, bro.” Photo by the Russian Reader

Here are two statistics that exemplify Putin’s glorious 19-year reign better than any other two statistics.

Since 1998, the European Court of Human Rights (EHCR) has claimed nearly €2 billion in compensation from Russia.

The greater part of this total was paid out to victims of torture and claimants whom the court deemed had been denied the right to a fair trial, the right to liberty, and the right to protection against unreasonable search and seizure.

During this period, the EHCR registered 148,700 complaints against the Russia authorities, reports RBC.

In March of this year, sources told RIA Novosti the relevant Russian ministries were studying the possibility of the denouncing the European Convention on Human Rights, which had established the ECHR. // TRR

Monetizing Russia’s Migration Maze?

DSCN5633.jpg“Help is like hell, only it’s help.”

Punishment Minus Expulsion
Interior Ministry Develops Individual Approach to Migrant Workers
Anna Pushkarskaya
Kommersant
April 27, 2018

The Russian Interior Ministry has published draft amendments to the Administrative Offenses Code that would permit judges not to expel people from Russia who violated immigration regulations by allow them to take into account mitigating circumstances and substitute monetary fines for expulsion. The individual approach has already been enshrined in several articles of the Administrative Offenses Code by decision of the Russian Constitutional Court, but the police are willing to make it the “general rule for the assignment of administrative penalties.” Meanwhile, the Russian Justice Ministry has reported to the Council of Europe on measures it has taken in response to the complaints of stateless persons, although the rulings of the European Court of Human Rights (EHCR) and the Russian Constitutional Court on these cases have not yet been implemented, experts have noted.

The draft amendments to the Administrative Offenses Code, which would give judges the ability to replace administrative punishment with less harsh penalties, depending on the specific circumstances of the case, have been posted by the Interior Ministry for public discussion until May 4. The police drafted them on the basis of a February 17, 2016, ruling by the Constitutional Court. The ruling was rendered in the case of Moldovan national Mihai Țurcan, who was expelled from Russia for failing to notify the Federal Migration Service he was registered in Moscow Region. (This requirement is stipulated by Article 18.8 Part 3 of the Administrative Offenses Code, and it also applies to stays in Moscow, St. Petersburg, and Leningrad Region.)

Expulsion entails a five-year ban on entering the Russian Federation and reapplying for a residence permit. Courts did not consider the complainant’s work experience and payment of taxes as grounds for mitigating his punishment. The Constitutional Court ruled that these immigration regulations were unconstitutional and obliged legislators to individualize penalties for single violations of the controversial regulation by taking into account the length of an alien’s stay in the country, whether or not s/he has family in Russia, payment of taxes, and law-abiding behavior. Since December 2016, Article 18.8 Part 3 has allowed authorities to avoid explusion except in cases in which the documents confirming the alien’s right to stay have been lost or are lacking. In April 2017, the Constitutional Court’s approach was enshrined in the “General Rules for the Assignment of Administrative Penalties” (Article 4.1 of the Administrative Offenses Code), which deals with violations at official sporting events, for which foreign fans can get off, under mitigating circumstances, with a fine of 40,000 to 50,000 rubles and a ban on visiting stadiums for a period of one to seven years.

In October 2017, First Deputy Prime Minister Igor Shuvalov instructed authorities to extend the approach to all cases of compulsory explusion. If the court concludes that expulsion is an excessive stricture on the right to a private life and is disproportionate to the objectives of administrative penalties, it can be substituted by a fine of 40,000 to 50,000 rubles [approx. 530 euros to 660 euros]. Courts may already opt not to order expulsion in accordance with the clarifications issued by the Russian Supreme Court and Russian Constitutional Court, but now the factors courts should take into account are supposed to be incorporated in the wording of the law, noted lawyer Sergei Golubok. Lawyer Olga Tseitlina told Kommersant the draft amendments are quite important, because courts have, in practice, ignored marital status and other vital circumstances.

At the same time, the Russian Justice Ministry has sent a letter to the Council of Europe’s Committee of Ministers, asking it to recognize that the EHCR’s rulings on complaints filed by stateless persons have been implemented. The virtually indefinite detention of complainants in special Russian Interior Ministry facilities on the basis of rulings by Russian courts and the conditions of their detention in custody were ruled violations of the European Convention on Human Rights. The Justice Ministry reported that compensation had been paid to the complainants. They are now no longer subject to expulsion and deportation, and can “fix their migration status.” Moreover, the State Duma has passed, in their first reading, the admendments to the Administrative Offenses Code drafted by the Interior Ministry to settle the problem, the Justice Ministry reported four years after the ECHR issued its ruling. The Justice Ministry referred to the Constitutional Court’s ruling in the Mskhiladze case. In May 2017, the court also ordered that the Administrative Offenses Code be amended.

The ruling has not been implemented, noted Golubok and Tseitlin, who represented Mr. Mskhiladze. The ECHR’s decision in the case of another of Tseitlina’s clients, Roman Kim, has not been implemented, either, she told Kommersant.

“He has no legal status and de facto cannot apply for [Russian] citizenship or a [Russian] residence permit, since he cannot expunge his conviction due to his unemployment, but he is unemployed because legally no one can hire him,” said Tseitlina.

She stressed the general measures required by the ECHR and the Constitutional Court have not been implemented, either, since no changes have been made to Russian federal laws.

Thanks to anatrrra for the heads-up. Translation and photo by the Russian Reader