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, reportsRBC.
In March of this year, sources toldRIA Novosti the relevant Russian ministries were studying the possibility of the denouncing the European Convention on Human Rights, which had established the ECHR. // TRR
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
“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.
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.
I have to write this so you’ll read it, so as many people as possible will read it, because a man’s life depends on it. So repost this, please, and maybe we’ll save his life.
His name is Yevgeny Makarov. Ivan Nepomnyashchikh has written a lot about him, because they were in prison together. There were three of them: Ivan, Ruslan Vakhapov, and Yevgeny Makarov. Of the fifteen hundred inmates in Penal Colony No. 1 in Yaroslavl, the three of them stubbornly stood up to the sadism, bullying, and humiliation meted out by wardens and guards. For their pains, they were beaten, held in solitary confinement, and issued leaky dishes, and they went on hunger strike.
They were not allowed to see their lawyers, but the prison’s special forces team would be dispatched to deal with them.
When Ivan was released, he immediately left the country. He has now enrolled at a university in the US. Ruslan and Yevgeny still have to serve out their sentences.
It was Yevgeny who has borne the brunt of the wardens’ anger. On December 5, he was transferred to Penal Colony No. 8. The prison guards stripped Makarov naked, sat him in a chair, and beat him with a wet rag knotted on the end. They then poured water over him and shocked him with a cattle prod. Afterwards, guards attempted to plunge Makarov’s head in a toilet. (This is one method of “punking” an inmate.) Makarov resisted, and his head was slammed against the toilet bowl. His torturers stopped at this point and put Makarov in solitary confinement for fifteen days. He has also been sentenced to eight months in a single-cell room (abbreviated EPKT in Russian), a prison within a prison.
Our friends the lawyers at the Public Verdict Foundation have filed a complaint with the European Court of Human Rights in Strasbourg.
The ECHR has ordered the Russian Federation government to ensure that Makarov has been given a medical exam within 48 hours by physicians independent of the Russian Federal Penitentiary Service and provide the court with a report on the results of the exam. The Russian goverment must also ensure Makarov’s safety and that he has unhindered access to legal counsel representing his interests. The EHCR drew the Russian government’s attention to the fact that it has taken urgent measures on behalf of Yevgeny Makarov. The complaint has been given priority status.
But the wardens in Russian prisons could not care less about the ECHR. They don’t understand. And human life there is worthless.
Thanks to Dmitry Kalugin for the heads-up. Translated by the Russian Reader
Member of HRC Describes Putin’s New Term: Everything under the Sun Will Be Banned
Alexei Obukhov Moskovsky Komsomolets
October 10, 2017
Pavel Chikov argues Russia will become isolated internationally, and federalism and regional economies will be jettisoned.
Pavel Chikov, member of the Russian Presidential Human Rights Council, has forecast what politics in Russia will be like if Vladimir Putin is re-elected to another term. According to Chikov, the situation in the country will deteriorate rapidly, and more and more areas of public life will be off limits.
Pavel Chikov. Photo courtesy of Facebook/MK
Foreign mass media will be the first to be banned. This has been borne out, says the human rights activist, by the threat to shutter Radio Svoboda, which the media outlet received from the Justice Ministry last Monday.
In Chikov’s opinion, the country will also be stripped of religious freedom, as witnessed by “the huge criminal cases against and expulsion from the country” of members of various non-traditional religious movements, from Jehovah’s Witnesses, who have been declared “extremist” banned in the Russian Federation, to supporters of non-mainstream Buddhist and Muslim groups.
These measures, writes the human rights activist on his Telegram channel, will be paralleled by Russia’s renunciation of its international commitments. It will exit the Council of Europe and end its cooperation with the European Court of Human Rights. (Valentina Matviyenko, speaker of the Federation Council, said yesterday this was a probable scenario.) Russian’s relations with many European countries, from the Baltic states to Germany, will deteriorate, and their embassies will be closed. Restrictions will be placed on Russian nationals traveling outside the country, and the practice of stripping refugees and asylum seekers of their Russian citizenship and confiscating their property will be broadened.
Finally, Chikov writes, the country’s economy and domestic politics will deteriorate. The regions will lose the last remnants of their autonomy (Chikhov cites Vladimir Vasilyev’s recent appointment as acting head of Dagestan, although the United Russia MP has no experience in the republic), and the assets the regions have left will be placed under the control of Putin’s inner circle.
Translated by the Russian Reader. Thanks to Vasily Zharkov for the heads-up
On the anniversary of the tragedy, Takie Dela remembers the principal witnesses to the events in School No. 1.
On September 1, 2004, terrorists seized School No. 1 in Beslan. The gunmen herded over a thousand hostages, including small children, into the school’s gym. For three days, the hostages were forcibly held in the building without food and water. The security services assaulted the school to free the hostages.
A total of 334 people were killed in the terrorist attack, including 186 children. 126 of the former hostages were crippled. During the assault, the FSB killed 28 terrorists. The only terrorist taken alive, Nurpashi Kalayev, was arrested. A court later sentenced him to life in prison.
Many articles, investigative reports, and special projects have been written about the Beslan tragedy, and several documentary films and books have been released. Takie Dela recalls the primary witnesses to the events in School No. 1.
“According to the police officers and special forces soldiers with whom we have spoken, the preparations for the assault were vigorous. That the authorities were learning toward this option is borne out by one other fact. They did not, in fact, negotiate with the gunmen. No one intended to meet even their formal demands. They explained to us, ‘It’s not clear what they want.'”
In 2014, on the tenth anniversary of the tragedy, Milashina recalled how events had unfolded before and after the terrorist attack .
“The Beslan terrorist attack will go down in Russian history as an instance when the populace was disinformed on an unprecendented level. Up until the assault of the school, officials concealed the scale of the tragedy (the number of hostages). They also concealed negotiations with Chechen separatist leader Aslan Maskhadov, who was ready to ask the gunmen to put down their weapons. Akhmed Zakayev, Maskhadov’s emissary, was ready to fly straight to Beslan and take part in negotiations with the terrorists.”
In 2006, Novaya Gazeta published a special issue on the outcome of its investigation, featuring forensic evidence, annotated maps, official reports, and eyewitness testimony. The newspaper came to several conclusions. Reliable information about the upcoming terrorist attack was known to the authorities at least three hours before the school was seized, and Alexander Dzasokhov, president of North Ossetia, offered to replace the children with 800 officials and local MPs, but Moscow forbade him under pain of arrest from entering into negotiations. The biggest public outcry was caused by the newspaper’s claims that the school was fired upon by grenade launchers, flamethrowers, tanks, and helicopters on several occasions when the hostages were still in the building. According to the newspaper, the official inquiry, while it was in full possession of these facts, found no wrongdgoing in the actions of those in charge of the operation to free the hostages.
“Vladimir’s dream: “I want to pick a plum. “Now,” I say, “I want a ladder to the plum and to pick the plum.” A young girl below me says, “I’m not your little girl.” I say, “And where is my little girl?” She says, “She is not here. I am another girl here.” After all, she was lying with my wife in the grave. “I’m not your daughter,” she says, “Don’t pick me plums.” I say, “Where is my little girl?” She says, “I don’t know. Look for her.”‘”
Kommersant reporter Olga Allenova was returning from Grozny, when her editors called her and told her about the terrorist attack in Beslan. She went to North Ossetia to write a story.
“‘Don’t let the hostages’ relatives on the air. Don’t cite any number of hostages except the official figure. Don’t use the word “storm.” The terrorists should not be called gunmen, only criminals, because terrorists are people you negotiate with.’ This was what several national TV channel reporters, located in Beslan, heard immediately from the top brass. We were all side by side, and I saw how hard it was for those guys to carry out the orders of the top brass. And I saw one of them crying in the evening after the school had been stormed.”
On October 17, 2004, the newspaper published an article entitled “How Did We Help Them?” The story dealt with the fortieth day after the terrorist attack. [In Orthodox culture, the fortieth day after a person’s death is usually remembered and marked by a ritual.]
“In Moscow, we say that forty days have passed since the school in Beslan was seized. Here those days did not exist. In their place is a black hole, like the hole made by a grenade in the floor of the assembly hall. And every day is a day of mourning.
“The entire city of Beslan is dressed in black. There are houses here in which not a single child is left, and entryways through which three caskets a day are carried out.”
In 2011, an infographic was posted on the newspaper’s website: it features a map of the school on which the main locations where the events took place are illustrated by short excerpts from archival video footage.
In 2006, the Russian edition of Esquire published an article [in Russian] by New York Times reporter C.J. Chivers, in which he retraced the events in Beslan School No. 1 hour by hour: from the beginning of the ceremonial, first-day-of-school lineup at nine in the morning of September 1 to the medical care administered to the victims in the Vladikavkaz Hospital on September 4. Chivers had written the article[in English] o understand who the hostages had felt the whole time.
“Like many people who have been to Beslan, I subsequently thought a lot about what had happened. Like the people of Beslan, I was infuriated by the endless contradictory statements, the lack of information about many important episodes in the hostage crisis and the actions of the Russian authorities.”
Ten years after the tragedy, Tom Balmforth and Diana Markosian published a story on the Radio Svoboda website about the lives of the surviving schoolchildren. The former hostages talked about their memories, features, and thoughts of the future.
“The children behaved heroically. We all grew up immediately. We really supported each other. In fact, we came together like a family there. Even many of the adults did not behave with as much dignity as the children. Apparently, the adults understand everything in terms of their being grown-up and wise, while we children saw it all through rose-tinted glasses, maybe. I know for a fact that, after those three days, we became completely different people,” recalls Zarina Tsirikhova. She was fourteen when the terrorist attack occurred.
Takie Dela published Diana Khachatrian’s story about how, in September 2016, the memorial events in Beslan ended in arrests. During the ceremonial school lineup at School No. 1, five women staged a protest. They removed their jackets, under which they were wearing t-shirts that bore accusations against the regime.
“The female activists of Voice of Beslan stand apart in the gym. The five women are wearing handmade t-shirts on which the inscription “Putin is the executioner of Beslan” has been written in marker pen. This is not a hysterical slogan. Based on their own impressions and evidence from the investigations, the women argue that on September 3, 2004, Vladimir Putin or a member of his entourage gave the orders to storm the school in order to expedite events and prevent negotiations with Aslan Maskhadov. They argue the hostages could have been saved.”
Photographer Oksana Yushko has for many years produced unique photograph projects on the aftermath of the Beslan tragedy. Yushko takes pictures of the children who were taken hostage in September 2004 at different stages in their school careers, both in everyday life and during graduation from school.
In 2005, some of the relatives of those who were killed during the terrorist attack established the grassroots organization Mothers of Beslan. That same year, due to friction within the group, a number of committee members left the group and founded another organization, Voice of Beslan.
Rodion Chepel’s The Committee, released on the tenth anniversary of the tragedy, focuses on Beslan’s female activists.
“We have never met such people. They are such uncompromisingly honest people, it was if they would be shot for lying. From a distance it seems that Beslan is god knows what, part of Moscow’s war with terrorism. But when you go there, you understand it is just human grief that has made them so tough and very honest. It’s not a matter of politics. They’re in touch with their humanity. You talk to them and you realize you simply have not met such people. This was what we wanted to show in the film: what these ten years have done with these people is incredible. They just want someone to explain to them what happened, for someone to say, “Forgive me. It was my fault.” Instead, they have been threatened and slandered. People have tried to sick them on each other, drive a wedge through them, and present them as insane.”
Filmmaker Vadim Tsalikov has shot four documentary films about the terrorist attack in Beslan. One of them is Beslan: Memory.
Foreign filmmakers have also shot films about the tragedy in North Ossetia. For example, Joe Halderman shot the film Beslan: Three Days in September for Showtime. The picture was screened at the Tribeca Film Festival in 2006.
In 2012, one of the hostages, 14-year-old Agunda Vatayeva, decided to publish her memoir of the terrorist attack. The young woman launched a diary on LiveJournal and wrote three posts in which told from beginning to end the story of the three days she spent in captivity.
“If you deliberately searched for my diary, you probably want to read my memoir of the terrorist attack in Beslan: Day One, Day Two, and Day Three. It is unlikely that you will find my LiveJournal exciting or at least positive reading. It was started once upon a time for quite different purposes. It was a kind of psychotherapy for me.”
The Kremlin reacted to the ECtHR’s ruling by saying that “an emotional assessment is hardly appropriate.”
“Of course, we cannot agree with this formulation. In a country that has been repeatedly attacked by terrorists, and the list of such countries has been growing, unfortunately, these formulations and purely hypothetic arguments are hardly acceptable. An emotional assessment is hardly appropriate.
“All the necessary legal actions related to this decision will be taken,” said Dmitry Peskov, the president’s spokesman.
Bolotnaya Square Defendant Alexei Gaskarov Released from Prison
Ekaterina Fomina Novaya Gazeta
October 27, 2016
Alexei Gaskarov was released from Penal Colony No. 6 in Novomoskovsk today. He had served his entire sentence: three and a half years in a medium-security penal colony. Gaskarov was twice denied parole.
“I don’t think it was possible to change anything under these circumstances. I said at the trial that if our way runs through prison, we have to go. Personally, everyone who went to prison lost a lot. But if you compare that with the public interest, someone had to go through it, someone had to have this piece of ‘good’ luck,” Gaskarov said after his release.
“The risks are clear, but I don’t think there is an alternative. I don’t think that the path, the values that were professed on Bolotnaya Square can be put on the back burner. Yes, these are complicated times, and we have to wait them out somewhere, but I don’t think you can impact this vector by intimidating people. When I was in prison I read about a hundred history books. Everyone had to go through this. We are just at this stage,” he added.
“The point of my attitude is this: don’t be afraid, guys. Our little undertakings will merge into a river that will lead us to the right path. Prison is not the end of life,” Gaskarov concluded.
Gaskarov was accused of involvement in “rioting” and being violent towards police officers. However, Gaskarov claimed he had himself been assaulted on Bolotnaya Square. During the mass arrests, an unidentified policeman pushed him to the ground, beat him with his truncheon, and kicked him.
In October, citing a judgment by the European Court of Human Rights, the Russian Supreme Court ruled that the arrest and imprisonment of Bolotnaya Square defendants Ilya Gushchin and Artyom Savyolov had been illegal. Earlier, in June, after a complaint had been filed with the European Court of Human Rights, the Supreme Court declared the arrest of Leonid Kovyazin, a defendant in the same case, illegal.
Anarchist Dmitry Buchenkov awaits trial in a pre-trial detention facility. According to police investigators, he was violient toward lawful authorities and “tried to destroy a portapotty.” Buchenkov himself claims he was not in Moscow during the so-called March of the Millions.
Maxim Panfilov is also awaiting trial. He was charged four years after the opposition rally on Bolotnaya Square in Moscow—in April 2016. He is the thirty-sixth defendant in the Bolotnaya Square case. In October, Panfilov was declared mentally incompetent.