The Policemen’s Ball

DSCN6837At €2.50, the official licensed sticker album of the 2018 World Cup is a steal. Russian officials also plan to steal the civil rights of their own citizens during the month-long tournament. Photo by the Russian Reader

Restrictions on Movement and Freedom of Assembly during the 2018 FIFA World Cup
Denis Shedov and Natalya Kovylyayeva
OVD Info
May 25, 2018

Russia welcomes the 2018 FIFA World Cup with Presidential Decree No. 202, which places restrictions on the movements of people and the staging of public rallies in cities hosting the matches. According to the decree, “enhanced safety measures” will be enforced from May 25 until July 25 (although the first match, between Russia and Saudi Arabia, will not be played until June 14). Denis Shedov and Natalya Kovylyayeva studied the decree specially for OVD Info.*

The restrictions will be introduced on May 25, 2018. They will be enforced in the cities and regions hosting 2018 World Cup matches: Moscow, Petersburg, Volgograd Region, Sverdlovsk Region, Nizhny Novgorod Region, Samara Region, Rostov Region, Kaliningrad Region, Krasnodar Territory, the Republic of Tatarstan, and the Republic of Mordovia.  Additionally, the decree also applies to certain neighboring regions where, in particular,  competing teams will be accommodated: Moscow Region, Leningrad Region, Kaluga Region, Voronezh Region, Stavropol Territory, and the Republic of Chechnya.

It is worth noting Decree No. 202 applies absolutely to everyone who is located in the regions listed during the period the decree is in force. In this light, OVD Info felt it was vital to discuss these changes.

Monitored and Restricted Areas
The decree introduces “monitored and restricted areas,” which will either be entirely off limits to people or will have restricted access. These areas include training grounds (including at other stadiums), team headquarters, hotels where teams and referees are staying, cargo inspection points, the broadcast center at Crocus Expo in Moscow, fan festival venues, press centers, and parking lots for special transport. You will be able to enter these “monitored areas” only after security guards have conducted a thorough inspection of all your belongings.

In addition, there will be special pedestrian security zones, so-called last miles, consisting of areas of one to two kilometers in radius around the stadiums where the matches will be held. Aside from World Cup transport, only residents of nearby buildings, equipped with special passes, will have access to these zones. To obtain the passes you need your internal passport and the papers for your car and your flat. Information about these zones has been posted on the official municipal websites of the cities hosting matches and published in local periodicals.

  • During the 2014 Winter Olympics in Sochi, the city was off limits to cars from other cities, i.e., cars not registered in Sochi, with the exception of vehicles owned by the secret services and vehicles that had received accreditation as municipal maintenance and 2014 Winter Olympics support vehicles. Vehicles registered in Sochi were restricted from traveling in “monitored areas.” 

Mandatory Registration for Everyone
Upon arrival in a city, you must register with the local immigration authorities within three days. This rules applies to everyone except those who are registered to live permanently in the particular city. Additionally, special rules for registering domiciles and temporary stays will be introduced in the cities where World Cup matches are scheduled.

Russian nationals and foreign nationals must register with the police within 72 hours of arriving. Usually, during “normal” times, Russian nationals have the right to spend up to 90 days in another Russian region without registering, while foreign nationals have seven days to register. Decree No. 202 specifies that the party hosting the visitor, i.e., the hotel, spa, holiday home, etc., must notify the proper authorities of the arrival of foreign nationals within 24 hours, as stipulated by Russian federal law.

Immigration authorities in the regions mentioned in the decree will be open for business daily during the World Cup, including weekends and holidays. There are several ways of registering your stay in another city:

  • Submitting an application to the management of the hotel, hostel, camping ground or youth hostel where you are staying, or the management company, proprietor or landlord, if you are staying in a private flat.
  • Reporting to the local immigration authorities yourself.

Foreign nationals must personally present their papers to the regional office of the Interior Ministry (i.e., the police) or a multi-service center, or their official hosts must do it for them. It is forbidden to register via the post office or a government services website.

Arriving foreign nationals are obliged to provide notification of their arrival, a copy of their identity card (e.g., passport or either ID), a copy of their Russian visa, and a copy of their migration card. This rule applies to all foreign nationals, regardless of their nationality and status in Russia. If the host party is a legal entity, this organization must supply the authorities with a complete set of documents.

Private individuals who act as hosts need only present their Russian internal passports, proving they are permanent residents, a copy of their passports, and a copy of their ownership deed to the dwellings where they will house foreign nationals.

If these rules are violated, Russian nationals will be obliged to pay an administrative fine. In Moscow and Petersburg, the fine will range from three to five thousand rubles, while in the regions it will range from two to three thousand rubles. Foreign nationals who violate these rules can be expelled from Russia.

Restrictions on Freedom of Assembly
According to the decree, from May 25 to July 25, 2018, assemblies, rallies, demonstrations, marches, and pickets that have nothing to do with the 2018 FIFA World Cup can be held only in places, along routes, and at times approved by the authorities. The authorities can also determine the number of attendees and the duration of the event.

Decree No. 202 was first enforced during last year’s Confederations Cup, also hosted by Russia. A large number of activists involved in group protests and solo pickets were apprehended at that time. Some of the people detained during solo pickets were subjected to “explanatory discussions” by the police, while others were written up for violating the rules for holding public events and fined as much as 20,000 rubles.

  • In May 2017, five activists from the local headquarters of opposition leader Alexei Navalny were detained for setting up a campaign booth on the main square in Kazan. Law enforcement said the action had not been authorized by the authorities. All the detainees were sentenced to ten to twelve days in jail, as well as 35 hours of community service.
  • During the Navalny-inspired anti-corruption rallies that took place in a number of cities on June 12, 2017, including Petersburg, Moscow, and Sochi, police detained protesters on the basis of Paragraph 11 of the decree, as paraphrased above. Although in Krasnodar, where the rally against corruption had been authorized, no one was apprehended, despite the special security regime.
  • During the protest rally “Farewell to the Communications Ministry,” in Moscow in June 2017, a teenager was detained when he tried to leave flowers outside the ministry due to restrictions on freedom of speech in Russia, including the possible blockage of the Telegram messenger service. The arresting officer cited the presidential decree restricting rallies during the Confederations Cup and the 2018 World Cup when he detained the boy. The teenager was taken into a police station for questioning before being released.
  • In mid-June 2017, fifteen people holding solo pickets against Moscow’s massive “renovation” program were detained outside the entrance to the State Duma.
  • Several activists who held solo pickets in support of mathematician Dmitry Bogatov and demanded an end to the prosecution of nationalist Dmitry Demushkin were detained on June 24, 2017, in Moscow.
  • Solidarity Party activist Mikhail Lashkevich was detained on July 4, 2017, while holding a solo picket demanding the people behind opposition leader Boris Nemtsov’s assassination be found. The police admitted he had a right to carry out a solo picket and released him from Basmanny Police Precinct in Moscow without writing him up. Subsequently, Roman Petrishchev, another Solidarity Party activist, was detained for a solo picket.
  • In early July 2017, five activists of Protest Moscow were detained in different parts of the city while they held solo pickets against censorship. All of them were charged with violating the rules for holding public events, punishable under Article 20.2 Part 5 of the Administrative Offenses Code.
  • On July 5, 2017, the well-known democracy activist Ildar Dadin was detained during a solo picket outside FSB headquarters in Moscow, since his protest had not been authorized by law enforcement. On July 7, 2017, the Meshchansky District Court found him guilty of violating the “rules of solo pickets” and fined him 20,000 rubles.

In May 2017, Alexander Pomazuyev, a lawyer with Navalny’s Anti-Corruption Foundation (FBK) asked that Paragraph 11 of the decree be declared null and void in a suit he filed with the Russian Supreme Court. Pomazuyev claimed he had been denied the right to hold a solo picket. He also argued the presidential decree infringed on civil liberties guaranteed by the Russian Constitution, including the right to free speech and freedom of assembly. The court threw out Pomazuyev’s suit, thus rubber-stamping the restrictions on rallies and pickets during the Confederations Cup and the 2018 FIFA World Cup.

In February 2018, organizers of the Boris Nemtsov Memorial March in Nizhny Novgorod wrote an open letter to FIFA president Gianni Infantino asking him to protect freedom of assembly in Russia in the run-up to the World Cup. The football functionary did not react to the letter, apparently.

“Although the decree restricts certain rights only from May 25 to July 25, 2018, even the smallest pickets have been turned down by the authorities on the grounds of the terrorist threat,” the march organizers wrote on their Facebook page.

Commentary by Lawyer and Human Rights Activist Alexander Peredruk
Yes, Presidential Decree No. 202, dated May 9, 2017, definitely violates people’s constitutionally guaranteed rights to freedom of assembly in Russia.

If you want to hold a public rally from May 25 to July 25, 2018, at a venue of your choosing, there is no guarantee you will pull it off. The authorities could turn you down on the grounds the venue you have chosen was not vetted by the Interior Ministry and the FSB. 

As last year showed, when several applications to hold rallies were filed simultaneously, the authorities would reject all the applications. However, when the applications were filed, the authorities had not yet determined what venues could be used. They drew up a list of permissible venues only after looking over the first applications. It was thus a “complete coincidence” that the venues indicated in the applications that were submitted to the local authorities were not on the list of permissible venues. 

In other words, the rejections were perfunctory and practically groundless. The authorities were not interested in conducting a proportionality test, in striking a balance between public and private interests.

In addition, questions are raised about the legitimacy of the division between public sporting events, which are permitted during this period, and public political events, which are virtually banned. Russian citizens are thus subject to discrimination.

During the 2014 Winter Olympics in Sochi, a local man, David Hakim, was detained while holding a solo picket in defense of the convicted environmentalist Yevgeny Vitishko. (Hakim was jailed for four days for his “crime.”) Agora used his case to challenge the president’s Olympic decree in the Russian Constitutional Court. However, the court refused to examine whether the decree complied with the Constitution, since it had expired by the time the complaint was examined. 

* If you are worried about how Presidential Decree No. 202 will affect foreign fans traveling to Russia for the World Cup, you shouldn’t be. They are required to purchase special “fan IDs” that will exempt them from most if not all of the decree’s strictures. // TRR

Denis Shedov is a lawyer with the Memorial Human Rights Center in Moscow. Natalya Kovylyayeva is a journalist. Translated by the Russian Reader

Rubber Apartments

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A bill against fictitious residential registration has been approved by parliament and is likely to come into force before the end of 2013. MPs who voted for the law insisted it targeted “rubber apartments” where hundreds of people are fictitiously registered and, more broadly, illegal immigration. Lenta.Ru has read the text of the bill along with lawyers from the Public Verdict Foundation and concluded that the tightening of controls over registration and movement will directly impact Russian citizens as well.

Introduced by Russian President Vladimir Putin, the bill, which has the neutral-sounding title “On Amendments to Certain Legislative Acts of the Russian Federation,” contains several subsections. Amendments have been made to the law on the freedom of movement of Russian citizens, the Administrative and Criminal Codes, and the law on the registration of foreign nationals by migration authorities. The preamble to the newly revised third article of the law on freedom of movement states residential registration is for informational purposes only, rather than a compulsory action. Whether someone is registered or not “cannot serve as grounds for restricting or a condition for exercising the rights and freedoms of citizens” as stipulated by the Constitution and other regulations.

This is consistent with the style in which new Russian laws are drafted: all attempts to prohibit something by law are based, allegedly, on a concern for protecting rights and freedoms. So it is in this case: a direct quotation from the Constitutional Court’s 1998 ruling that residential registration should not restrict the rights of citizens is followed by a list of the ways in which citizens will be restricted.

Thus, Russian citizens who have traveled outside their home regions must be registered within ninety days. If this does not happen, people renting housing and landlords may be held administratively or, in some cases, criminally liable. For living in an apartment without registering, tenants will be fined two to three thousand rubles [approx. 45 to 65 euros]; apartment owners, two to five thousand rubles [approx. 45 to 110 euros] and legal entities, 250 to 750 thousand rubles [approx. 5,500 to 16,500 euros]. Fictitious registration will be punishable by a fine of 100 to 250 thousand rubles, up to three years of hard labor or a similar term of imprisonment under Article 322 of the Russian Federal Criminal Code.

— Andrei Kozenko, “Who’s no longer a tenant here: how the ‘rubber apartments’ law will impact Russians,” Lenta.Ru, December 18, 2013

__________

There is a stark political economy to the illegalization of migrant labour that goes unremarked in much of the election-season hand-wringing over the city’s growing population of nelegaly (“illegals” in derogatory officialese). For one thing, demand for labour that is low-paid, verbally contracted, un-unionised, and flexible far exceeds the city’s (deliberately minimalist) quota of work permits. Perhaps as many as four fifths of the city’s migrant workers are therefore employed without an official work permit, or individual patent permitting private employment. There is an open market for official work permits, as well as a (near indistinguishable) market for fakes. As I have explored in my research on the difficulty of creating documented selves in Russia, the degrees of intermediation for obtaining a work permit means that “cleans” and “fakes” are often distinguishable only at the point that they are checked by the police.

At the same time, the gulf between average wages and average rental costs in the city mean that many migrant workers live in conditions that violate administrative regulations: in multi-tenant “rubber apartments” (rezinovye kvartiry) without corresponding residential registration, in container-dormitories on building sites, or in the unventilated basement of a multi-storey apartment building entirely unrecorded within city housing stock. The choices here are stark: for those on a typical migrant wage in the catering sector of 15-17,000 roubles (around £300-£330 per month) the only way to make ends meet in a context where the rental costs exceed average wages three or four-fold is to share an apartment illegally with 15 or 20 other tenants, paying money to a notional “landlord” (another migrant who takes a cut) and paying off the local policeman to ensure that the apartment is protected from raids. In a city where the 2010 census identified over 92% of the city’s registered population to be ethnically Russian (russkii), the economic constraints upon legal migrant labour have made for an easy popular conflation between being visibly non-Russian, being a “guest worker” (gastarbaiter), and being an illegal.

Xenophobia is not new in Moscow. But the combination of a laissez-faire wage policy (with a race to the bottom for undocumented labour), together with excessive restrictions on legally documented labour, and the widespread use of bribes to circumvent administrative regulations has allowed for the normalisation of a casual racism in which discrimination on the basis of ethnicity is justified through concerns for security and comfort—or protection against “illegals”. One commercial website offering temporary accommodation to non-Muscovites, for instance, cites its own policy of ethnic selection in the following terms:

[W]e don’t have racist prejudices, but today the situation has developed such that the largest demand for a place to stay in Moscow comes from Russians, Belorussians and Ukrainians. In accordance with the existing demand for inexpensive hostel accommodation in Moscow, we attempt only to house people of Slavic appearance (litsa slavianskoi vneshnosti), for the comfortable living conditions of all residents, and in so doing avoid any conflictual situations.

 — Madeleine Reeves, “Mayoral politics and the migrant economy: talking elections and ‘illegals’ in Moscow,” cities@manchester, September 5, 2013

 

Photo courtesy of The Moscow News