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

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Evgeny Shtorn: How the FSB Tried to Recruit Me

“I Had a Night to Say Goodbye to My Whole Life”
Sociologist Evgeny Shtorn Left Russia Because the FSB Tried to Recruit Him
Elena Racheva
Novaya Gazeta
January 20, 2018

On January 5, sociologist Evgeny Shtorn, an employee at the Centre for Independent Sociological Research (CISR) in St. Petersburg, left Russia for Ireland. In December, his application for Russian citizenship was rejected, and immediately afterwards he was summoned to the Russian Federal Security Service (FSB), according to Shtorn, where he was interrogated about CISR’s financing and the foreign organizations it collaborates with. (Since 2015, the CISR has been classified as a “foreign agent.”) According to CISR director Viktor Voronkov, Shtorn is at least the fourth CISR employee whom the FSB has attempted to recruit.

Shtorn was born in the Kazakh Soviet Socialist Republic, but in 2000 he left the country to study in Petersburg. In 2004, he was granted Russian citizenship at a Russian consulate in Kazakhstan. He lived for eight years on his Russian passport, but in 2011 he was told by authorities the passport had been issued groundlessly, and he was not a Russian citizen.

Shtorn’s Kazakhstani citizenship had been annulled long before, but he found himself a stateless person after living in Russia for eleven years. The only paper the authorities would issue him was a residence permit for a stateless person, which allowed him to live and work in Russia. After five years, one can apply for Russian citizenship on this basis. This was what Shtorn did in July 2017, after passing the obligatory Russian language exam, assembling a whole dossier of paperwork, and standing in endless queues.

During this time, Shtorn, who is thirty-five, enrolled in the Higher School of Economics MA program and continued working as manager for development at CISR, one of the oldest and most respected independent sociological research institutes in Russia.

“I went to the local Federal Migration Service (FMS) office in late November to pick up my passport,” Shtorn recounts. “I was told my citizenship application had been rejected because I had provided false information about myself. The FMS had decided I did not lived at my registered address, because they had come checking in the afternoon, when I was not home, and I had not listed all the addresses where I had lived in Russia, although in the application I filled out there was a footnote saying I was not obliged to list all of them.”

The rejection meant Shtorn could resubmit his application for citizenship only in a year. Two weeks after his application was rejected, Shtorn was telephoned by a person who identified himself as an FMS employee. He said he was handling Shtorn’s application and asked him to stop by their office.

On December 7, Shtorn went to the FMS office that handles the registration of statelesss persons.

“I was met by a person my age. We went up to the second floor and walked into an office with no plaque on the door,” Shtorn recounts. “I caught sight of a picture of Andropov on the wall, an old-fashioned, insipid, Soviet-era portrait. I immediately understood everything.”

The man showed Shtorn a FSB officer’s ID. Shtorn did not remember his rank, but he did memorize his name and surname, but he is afraid of identifying him publicly.

“He quickly got down to business,” recalls Shtorn. “He said when the FSB reviewed my application, they were quite surprised I worked for a ‘foreign agent’ and at the Higher School of Economics, although I am actually a student there. He asked me what I did at CISR. He was polite, but his vocabulary was bizarre. ‘Who is your patron?’ he asked. I explained we did not have patrons, that researchers operate differently. There are things a person wants to research, and he or she tries to research them. To have something to say, I told him about Max Weber, and the difference between quantitative and qualitative sociology.”

Evgeny Shtorn. Photo from his personal archives

Then, according to Shtorn, the FSB officer asked him where the “foreign agent” got its money and what western foundations CISR worked with.

“I said, ‘What, do foreign agents have money? The American foundations you declared undesirables are gone, and we have big problems with financing.’

“‘So people transport cash from abroad, right?’ he asked.

“I explained I didn’t have a passport, I hadn’t been abroad for many years, and I didn’t have access to those realms, but I didn’t think anyone was transporting cash in their underwear. Then he asked whether I had met with foreign intelligence officers as part of my job.”

According to Shtorn, the FSB officer was well informed about the work of Shtorn, CISR, and related organizations. He knew about academic conferences and listed the surnames of foreign foundation directors, asking whether Shtorn was acquainted with them. He asked what Shtorn was researching at the Higher School of Economics, although he clearly knew Shtorn was researching hate crimes against LGBT. He asked what foreign languages Shtorn spoke.

“Is English your working language?” he asked.

According to Shtorn, the FSB officer was not aggressive, but twice during their ninety-minute conversation he quoted the articles in the Russian Criminal Code covering espionage and treason, commenting they applied to everyone who flirted with foreign special services and foreign organizations.

In the middle of the conversation, the FSB officer asked him whether he had read Zbigniew Brzezinski’s book The Grand Chessboard.

“He said that, way back in the nineties, Brzezinki had written Ukraine would go over to the US in 2012, and this was what had happened. He advised me to read the book.

“At the end of the conversation, he said, ‘How unlucky you were with your citizenship application.’ He explained he was unable to help me in any way. ‘Many believe we are an all-seeing eye, but it’s not like that at all. We also have a tough time obtaining information.’

“He insisted I tell no one about our conversation. When I was getting ready to leave, he said, ‘If I call you again, you won’t be scared? Because some people get scared and change their telephone numbers.’ I said, ‘Of course not. You’re a polite person. What do I have be afraid of?’

“‘And you are such an interesting person, and educated. It’s interesting to chat with you. Thank you for your time,’ he said.

“We left the office, and that was when I caught sight of a bust of Felix Dzerzhinsky behind the coat rack, a life-sized bust.

“‘And here is Felix,’ the FSB officer said.

“I left.”

The FSB officer telephoned Shtorn the very next day. According to him, the FSB officer suggested meeting for coffee.

“I realized that was that. They were going to try and recruit me,” says Shtorn.

He believes if he had refused to work for the FSB, as a stateless person he would have been sent to the Temporary Detention Center for Migrants.

“I felt paranoid,” says Shtorn. “I imagined the FSB had access to all my channels of communication, that they could see all my emails. They realized I had nowhere to go, that without papers I was caged. I realized I had to make a run for it, so I turned to Team 29, LGBT Network, and Civic Control. I got a lot of help from human rights activist Jennifer Gaspar. In 2014, she was also invited to have a chat with the FSB, who stripped her of her residence permit and expelled her from Russia. Jennifer put me in touch with Front Line Defenders, who asked the German, Lithuanian, French, and US governments to issue me a visa. They all turned us down, saying they could not put a visa in a residence permit.”

On the evening of December 21, Front Line Defenders informed Shtorn Ireland was willing to issue him a visa. The next morning he had to fly to Moscow, apply for the visa at the Irish Embassy, and fly to Ireland without any hope of ever returning to Russia.

“I had a night to say goodbye to my whole life,” recalls Shtorn. “It felt like I was standing on the edge of an abyss and jumped off.”

In Moscow, it transpired that, due to the short working day, the Irish consular officials would not have time to draw up his visa, and he flew back to Petersburg. He obtained the visa only on January 4. The next day, he tried to board a Lufthansa flight to Dublin, but the airline refused to let him board the plane. The German Federal Police had informed the airline it would refuse to let a person with a residence permit enter the transit zone. It was clear Shtorn would not be allowed to fly via any of the EU countries. The next flight from Domodedovo Airport to Dublin had a stopover in Moldova.

“I went to the check-in counter,” recounts Shtorn. “The folks there were reasonable. They realized a person with an Irish visa would not want to stay in Chișinău. I bought a ticket. There was 45 minutes until boarding, and the whole time I sat waiting for them to come for me. When the plane took off, I started shaking.”

Shtorn is now in Dublin on a three-month short-term visa.

“Thanks to Front Line Defenders I have a place to live and money for food,” he says. “I don’t know what will happen next. I cannot go back to Russia. If my situation was bad, now I have made it worse. Initially, I wanted to keep mum, but I decided I had to warn the employees of other NGOs. When the law on ‘foreign agents’ was enacted, it stated the penalties did not apply to people who worked for such organizations. My story shows this is not the case.”

•••••

Фото: «Новая газета»

Viktor Voronkov, director, Centre for Independent Social Research (CISR), Petersburg 

Of course, the FSB is interested in CISR. Four of our employees have approached me and said, “They’re trying to recruit me. What should I do?” I think they have tried to recruit nearly everyone at CISR. Some have told me, others have turned them down and not told me, and still others, perhaps, did not turn them down. In conversation with the people they were trying to recruit, FSB officers have mentioned numerous facts they could have learned only from our employees.

It is normal. I know the practice well from the Soviet Union. When they tried to recruit me in 1981, they also asked questions that came out of left field. “Maybe you could describe your critical view of things at the institute? Maybe we could work together? You want to help the Motherland, don’t you?” They always associate themselves with the Motherland. They offered me help traveling abroad via the Soviet-East German Friendship Society. They blackmailed me.

I met with them three or four times. One time, a KGB officer tried to take me into a cubbyhole under the stairs at the institute to work me over. He looked in there, said, “Excuse me,” and closed the door. Another officer was already working someone over in the cubbyhole.

You can get rid of them. They have the right to recruit, and we have the right to turn them down. When they tried to recruit a pal of mine, he simply opened the door of his officer and shouted, “Get the hell outta here!” The KGB guy left. But I do not advise anyone to start talking with them. You cannot win against them. Nowadays, I advise my employees to give FSB guys the bum’s rush.

They tried to blackmail our other employees over trifles, but they were not as vulnerable as Evgeny was. I told him him to pay no mind to the blackmail, but it was not worth taking risks in his position. When a person is guided by fear, it is better to give into that fear.

I think we have to talk about such stories publicly. We could do a flash mob hashtagged #HowTheyTriedToRecruitMe. If there is no public oversight of the KGB, it means the KGB oversees society.

I realize this story could affect CISR, but we have been taking different measures to soften the blow. CISR is currently split. The majority of our employees argues we should disband the center and establish a new one. The minority argues we should not surrender. I have taken the most radical position. Everyone wants to find the means to survive. I want to show there is way to fight we can fight to the end. I hope to their end, not ours.

Translated by the Russian Reader