Blogs

17 July 2022

By Simon Cosgrove

Simon is chair of Rights in Russia but writes these comments in a personal capacity and they may not necessarily represent the views of the organisation

This week the focus of observers has been on the use of a range of repressive legislation – including the ‘foreign agent’ law, the law on ‘undesirable foreign organisations,’ the law on ‘fake news’ discrediting the Russian armed forces and laws on pornography and ‘gay propaganda’ – variously against politicians (Ilya Yashin, Aleksei Gorinov), civil society activists (Andrei Pivovarov, Mikhail Iosilevich), a journalists’ trade union (Journalists’ and Media Workers’ Union) and artists (Yulia Tsvetkova). Also a focus of attention has been the signing into force of yet more repressive laws by President Vladimir Putin. On the international arena eight leading international human rights NGOs called on the European Union to support the creation of a mandate of UN Special Rapporteur on the situation of human rights in Russia at the next session of the UN Human Rights Council. Meanwhile, with regard to Russia’s invasion of Ukraine, Human Rights Watch reported on the plight of civilians forcibly disappeared by Russian forces and Reporters without Borders called on the Eutelsat company, and the French government which partly owns it, to end the use of Eutelsat’s services by Russian state propaganda outlets.

In Russia

This week, as OVD.Info reported, Ilya Yashin, a member of the local council for the Krasnoselsky district in Moscow, was remanded in custody on criminal charges of spreading ‘fake news’ about the Russian army until 12 September. OVD-Info noted that the grounds for the criminal case was a livestream in which Yashin talked about what happened in Bucha – Russian authorities call evidence of the killings of civilians in this city in the Kyiv region ‘fake news.’ Yashin was taken to the remand prison directly from the detention centre where he had been serving a 15-day jail term on what Amnesty International called ‘bogus charges’ of “disobedience of a police officer’s order”.’’ Amnesty International called for Yashin’s immediate release and the dropping of all charges against him. The organisation noted that ‘Ilya Yashin is one of the few opposition figures who until recently remained in the country and not behind bars.’ If convicted, Yashin faces up to 10 years’ imprisonment.

The ugly repression of rights in Russia continues. Since the invasion of Ukraine, the Russian authorities have become even more brazen in their attempts to silence the political opposition, activists and all those who disagree with the government. Ilya Yashin is one of the few opposition figures who until recently remained in the country and not behind bars. Now, he is also in arbitrary detention and facing prison for criticizing the conduct of the Russian military in Ukraine. He should be released immediately and unconditionally, and the shameful criminalization of freedom of expression must stop.

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

In a statement the board of the EU-Russia Civil Society Forum and its working group on local government expressed outrage over the verdict handed down on 8 July 2022 in the case of Aleksei Gorinov, a 60-year-old independent local councillor in Moscow’s Krasnoselsky district, who was sentenced to seven years’ imprisonment for ‘discrediting the Russian army’ under the new article 207.3 of the Russian Criminal Code. The organisation pointed out that head of the Krasnoselsky district council, Elena Kotenochkina, has left Russia but a warrant has been issued for her arrest. The organsiation also pointed to the detention on remand of two other local council members – Ilya Yashin in Moscow and Boris Romanov in St Petersburg – also on charges of spreading ‘fake news’ (under Article 207.3). The EU-Russia Civil Society Forum called for the immediate release of Aleksei Gorinov, Boris Romanov and Ilya Yashin and for the abolition of repressive policies against independent politicians.

The members of the Working Group “Citizens in local self-governance” and the Board of the EU-Russia Civil Society Forum consider all the above mentioned cases politically motivated and insist that freedom of speech and expression is one of the fundamental rights of any citizen of the Russian Federation as well as the right to be fairly elected. We call for the immediate release of Alexey Gorinov, Boris Romanov and Ilya Yashin and for the abolition of repressive policies against independent politicians.

Statement by the Working Group “Citizens in local self-governance” and the Board of the EU-Russia Civil Society Forum

OVD.Info also reported on the case of the former director of Open Russia, Andrei Pivovarov, sentenced to four years in a penal colony and banned from engaging in social and political activities for eight years on charges of carrying out the activities of an ‘undesirable organisation.’ OVD-Info noted that last week the investigative group Bellingcat and the media project The Insider were both declared ‘undesirable.’ Amnesty International condemned the conviction and sentencing of Andrei Pivovarov as ‘shameful’ and called for his immediate release. The organisation quoted from Andrei Pivovarov’s final statement in court in which he said: “I know that progress cannot be stopped, changes for the better are inevitable, and they are not far off. See you in our new, desirable and open Russia. We will pull through!”

Andrei Pivovarov’s unjust prosecution and cruel prison sentence are part of a campaign by Russian authorities to weaponize the Criminal Code against anyone who dares to exercise their right to freedom of expression. Both the verdict today and the criminal article under which it was issued are shameful. Andrei Pivovarov should be immediately and unconditionally released. The authorities must also urgently repeal the legislation on ’undesirable organizations’ and ensure people can exercise their right to association without fear of reprisals. This law is clearly not concerned with criminal activity, but with repressing any form of dissent or criticism of the government. It simply should not exist.

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

Amnesty International reported on the case of activist Mikhail Iosilevich from Nizhny Novgorod, sentenced to 20 months’ in an open regime penal colony for peacefully exercising his rights to freedom of expression and association. His sentence entered into force on 28 June 2022. The organisation called for Iosilevich’s immediate release and for him to ‘be able to continue his peaceful activism without fear of persecution.’

OVD.Info and Amnesty International both highlighted the acquittal of feminist activist Yulia Tsvetkova on charges of ‘disseminating pornography’ (Article 242, Part 3, of the Russian Criminal Code) for publication of body-positive illustrations of female sexual organs in the public ‘Vagina Monologues’ forum on VKontakte. If convicted, Tsvetkova could have faced up to six years in a penal colony. Tsvetkova has been under house arrest since from November 2019 until March 2020, found guilty in December 2019 of sharing ‘propaganda of non-traditional sexual relations with minors’ and fined 50,000 roubles and then 75,000 roubles in July 2020 and in June 2022 was added to the list of ‘foreign agents.’ Amnesty International welcomed Tsvetkova’s acquittal as a ‘landmark case’ and ‘a rare and welcome triumph of sanity and justice over remorseless repression.’

The acquittal of Yulia Tsvetkova today marks a rare and welcome triumph of sanity and justice over remorseless repression. In a country where state-sponsored homophobia and misogyny are the norm, Tsvetkova’s trial was a landmark case. Her acquittal must now set a new precedent that ensures the right to freedom of expression is upheld and protected for all. For more than three years, Yulia Tsvetkova has suffered unrelenting mistreatment by the authorities in the form of criminal proceedings, fines, threats, arrests and travel restrictions, all of which were imposed solely in response to her peaceful activism. The Russian authorities must immediately stop targeting feminists and LGBTI activists. Instead, they should honour their international human rights obligations by enabling a safe and supportive environment in which human rights defenders can work without fear of reprisals.

Marie Struthers, Amnesty International’s Director for Eastern Europe and Central Asia

The Committee to Protect Journalists condemned a court decision to suspend the activities of the independent Russian Journalists’ and Media Workers’ Union (JMWU) on charges of publishing ‘materials containing misleading information’ about Russia’s war in Ukraine aimed at discrediting the use of the Russian armed forces. The JMWU was founded after a 2016 attack on local and foreign journalists in the North Caucasus. The Committee to Protect Journalists notes that ‘On February 24, the day of Russia launched its full-scale invasion of Ukraine,  the JMWU published a statement calling the war a “perfidious step” that would risk journalists’ lives and “lead to the death of many citizens of our countries and huge destruction”.’

Russian authorities’ shameless attempt to shutter the JMWU threatens to silence an organization whose fight for journalists’ rights and press freedom in Russia has been a thorn in authorities’ side. Authorities must immediately lift their suspension of the union’s activities, drop all the charges against it, and stop stifling critical voices in the country.

Gulnoza Said, CPJ’s Europe and Central Asia program coordinator

This week OVD.Info reported on the new laws signed into force by Vladimir Putin that included amendments to the laws on ‘foreign agents’ making it possible to designate people as ‘foreign agents’  who are considered ‘under foreign influence’ irrespective of whether they receive foreign funding. In addition, the state will now maintain a list of ‘persons affiliated with a ‘foreign agent.’ Putin also signed a law on the blocking of foreign media from countries that restrict the work of Russian propaganda media abroad. He also signed into law legislation to criminalise ‘private cooperation with foreigners against the security of the Russian Federation’ and repeated public display of extremist symbols.

The International Arena

On 12 July 2022, Amnesty International, along with eight other international human rights NGOs, in a move that echoed previous calls made by Russia’s civil society and reputable human rights defenders, sent a letter to the High Representative of the European Union and the 27 EU Foreign Ministers, calling on the European Union to initiate, table and foster broad support for a resolution to create a mandate of UN Special Rapporteur on the situation of human rights in Russia at the next session of the UN Human Rights Council.

At a time when Russia deliberately rejects its regional and international human rights commitments, it is all the more critical to secure avenues for continued scrutiny of the human rights situation in Russia and provide as much protection as possible to Russians facing the consequence of the massive human rights crackdown at home.

Amnesty International, Human Rights House Foundation (HRHF), Human Rights Watch, International Bar Association Human Rights Institute (IBAHRI), International Federation for Human Rights (FIDH), International Service for Human Rights (ISHR), People in Need, Reporters Without Borders (RSF), World Organisation Against Torture (OMCT)

Russia’s war on Ukraine

Human Rights Watch in a report said Russian forces in Ukraine ‘have forcibly disappeared civilians and illegally transferred them to Russia.’ Human Rights Watch said it had documented the detention of nine civilian men by Russian forces between 26 February and 18 March in Kyiv region: five from Bucha district, two from Hostomel, and one each from Dymer and Dorohynka. The men were apparently transferred to ‘detention facilities in Russia’s Kursk and Bryansk regions when the forces rotated out or withdrew.’ The organisation said ‘Russian violations committed against these detainees include possible unlawful confinement and hostage-taking, unlawful transfer or deportation, and enforced disappearances, which may amount to or involve multiple war crimes.’ Human Rights Watch also pointed out: ‘During an armed conflict, when part of an attack against the civilian population, failure to acknowledge a civilian’s detention or to disclose their whereabouts in custody with the intention of removing them from the protection of the law for a prolonged period constitutes the crime of enforced disappearance and is prosecutable as a crime against humanity under the International Criminal Court’s statute (article 7(1) (i)).’

“Russian forces unlawfully transferred these civilians to Russia, forcibly disappeared them, and continue to hold them without providing information or access to their families. Russian authorities should immediately release and return all Ukrainian civilians detained in Russia and ensure that everyone in their custody who was detained in or from Ukraine, combatant or civilian, is officially registered with the International Committee of the Red Cross (ICRC).

said Tanya Lokshina, associate Europe and Central Asia director at Human Rights Watch.

Reporters Without Borders (RSF) reported that Eutelsat S.A., a French company part owned by the French government transmitting TV channels and radio stations by satellite, ‘is acting as an intermediary of the Russian war propaganda apparatus.’ The organisation called for the company to cease providing services to Russian providers NTV+ and Trikolor that carry ‘TV channels such as Rossiya 1, Perviy 1 and NTV that are the spearheads of the Russian war propaganda machine.’ The organisation points out, ‘At the same time, NTV+ and Trikolor recently stopped carrying eight international TV news broadcasters – BBC World, CNN, Deutsche Welle, Euronews (in Russian), France 24, NHK World, RAINews 24 and TV5 Monde.’ The organisation added that ‘Ceasing to carry these Russian packages would free up space on Eutelsat’s satellites that could be assigned to international media that have been barred by Russia or to independent Russian media such as TV Rain, the exile TV channel that used to be called Dozhd TV.’

Reporters Without Borders (RSF) reported that Eutelsat S.A., a French company part owned by the French government transmitting TV channels and radio stations by satellite, ‘is acting as an intermediary of the Russian war propaganda apparatus.’ The organisation called for the company to cease providing services to Russian providers NTV+ and Trikolor that carry ‘TV channels such as Rossiya 1, Perviy 1 and NTV that are the spearheads of the Russian war propaganda machine.’ The organisation points out, ‘At the same time, NTV+ and Trikolor recently stopped carrying eight international TV news broadcasters – BBC World, CNN, Deutsche Welle, Euronews (in Russian), France 24, NHK World, RAINews 24 and TV5 Monde.’ The organisation added that ‘Ceasing to carry these Russian packages would free up space on Eutelsat’s satellites that could be assigned to international media that have been barred by Russia or to independent Russian media such as TV Rain, the exile TV channel that used to be called Dozhd TV.’

Eutelsat cannot legitimately contribute to Kremlin propaganda by providing the means by which it is disseminated, and derive dividends from disinformation and censorship. The French authorities must put a stop to this situation. They have the means to act and must use them without delay.

RSF secretary-general Christophe Deloire

This week has again seen repressive legislation being used on the domestic front while the regime prosecutes its brutal unprovoked attack on Ukraine. It should, however, be noted that much of this legislation made its appearance long before 24 February 2022 when Russian forces again crossed Ukraine’s borders. Indeed, for at least the past ten years the gradual consolidation of the authoritarian regime in Russia has seen a steady development of such repressive legislation. The ‘foreign agent’ law first appeared in 2012, the law on ‘gay propaganda’ in 2013, the law on ‘undesirable foreign organisations’ in 2015 and the first legislation on ‘fake news’ in 2019. As OVD-Info argued in its weekly bulletin, the legislation is such that ‘according to these laws, we can all be prosecuted, imprisoned and forced to emigrate.’ In most cases, furthermore, these laws have both an ‘administrative’ and a ‘criminal’ element such that, as human rights defender Aleksandr Cherkasov recently pointed out, the Putin regime has created a flexible model along the lines of that used in the post-Stalin Soviet Union, providing for both prophylaxis and severe punishment.

At the same time, war is also nothing new for the regime of Vladimir Putin. Putin after all rose to power on the back of the second Chechen war (1999-2009) and the regime has since conducted military operations in wars against Georgia (2008), in Syria (2015), in Crimea (2014) and in the Donbas (from 2014). It would seem that war is the context of choice in which the repressive regime can thrive, creating the conditions in which repressive legislation can be developed and applied. However, there is also no doubt that a kind of symbiosis exists between domestic repression and foreign war such that, while war no doubt enables repression, as Aleksandr Cherkasov has pithily said: ‘Repression is a necessary condition for war.’