Memorial Human Rights Centre: Facts and Figures

Этот материал выпущен МООПЦ"Мемориал", который внесенвреестр, предусмотренный ст.13.1.10 ФЗ"ОбНКО". Мыобжалуемэто решение. M Human Righ A N E N U M A L O

R ts Cen R 2013 E P I O A R tr L T e 2014 Contents

Introduction ...... 3

Memorial Human Rights Centre: Facts and Figures ...... 4

Memorial Human Rights Centre Board Members ...... 6

Programmes and projects of the Memorial Human Rights Centre

“Hot Spots” Programme ...... 7

Migration Rights Network ...... 12

International Legal Mechanisms In Defence of Human Rights (ECHR) ...... 16

“Support for Political Prisoners” programme ...... 18

OVD-Info project ...... 21

Central Asia Programme ...... 24

Countering Fabrication of Criminal Cases on Islamic Extremism ...... 25

Memorial Human Rights Centre is not a “foreign agent” ...... 27

Finances ...... 28

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. Introduction Board Chair of the Human Rights Centre Alexander Cherkasov

the number of political prisoners falling by the Foreign Agents Law. Lawyers of the half, at the time of the opening of the Sochi Memorial HRC ECHR programme, led by Olympic Games in the winter of 2014, we Tatyana Kasatkina, drafted this. The lawyers “These have been difficult years”. That could celebrate. However, that trend did not working for the programme assisted NGOs in all too familiar phrase has only now acquired last. Soon came the “Bolotnaya Square” Russian regions in trials related to the its full meaning. In the “nasty 1990s” and the court case and its verdict, and new arrests Foreign Agents Law. In fact, a new NGO “mean 2000s” we worked in a relatively and trials took place. Furthermore, while the coalition came into existence as a result. A stable environment, something we came to scale of protest in Russia was smaller boycott was declared against the Foreign appreciate when, in 2013—2014, we faced compared with that of 2011—2012, the Agents Law. Over the last two years, no civil the authorities' attempts to destroy the “civil prosecution of protesters on administrative organization in Russia has registered volun- sector” or at least make it directly ac- grounds was as high as before. Mass-scale tarily as a “foreign agent”, and this has countable to the authorities. We have failed detentions at meetings, rallies, and pickets prompted the authorities to amend the to realize the Memorial mission, as it was continued; harsh measures, introduced into “law”. Since mid-2014, the authorities have originally formulated — to prevent the legislation, were (ab) used by state agencies. taken it upon themselves to put NGOs on the return of the totalitarian past. This has These developments were monitored and Foreign Agents List. Memorial HRC was manifested itself in the emergence of new analyzed by the OVD-Info project led by included in the list on July 21, 2014. Howe- political prisoners, an unprecedented scale Grigory Okhotin, which was also able to ver, we continue to defend ourselves with all of unjust prosecution, using charges based provide much-needed legal aid to thousands the legal means at our disposal and have no on the Administrative Code, and Russia's of those detained on administrative charges. intention of describing ourselves as “foreign involvement into a new prolonged and large- agents”. It was these programmes that led the scale military conflict. Prosecutor's Office to send Memorial HRC a ***** ***** formal letter (April 30, 2013) classifying our 4. A large organization such as work as “political activity”. Ironically, the 1. Since the launch of the Memorial Memorial HRC finds it extremely difficult to prosecutor's warning could make us proud Human Rights Centre in the early 1990s its survive in a zone of turbulence, but its new because it arrived on the 45th anniversary of work has concentrated primarily on mass- executive director, Natalya Sokolova, who the first ever issue of the dissident Chronicle scale human rights abuses and their took up the post in early 2013 is tackling the of Current Events. The Russian authorities consequences in the so-called “hot spots”. task professionally. On numerous occasions, are today charging Memorial HRC with At that time, the conflicts were taking place the Memorial Society has stated that using allegations similar to those used against the at the periphery of the disintegrating Soviet grants provided by certain sponsors does not Chronicle editors, namely publicizing facts Union. The former USSR republics were able turn us into the donors' “agents”.We are not about political prisoners and extrajudicial to avoid the worse case “Yugoslav” scenario “enemies of the state”, we just remain persecution. involving large-scale standoffs and military independent. With that logic in mind, conflicts between the biggest republics of ***** Memorial HRC participated in the tenders what used to be the Soviet Union. But the for presidential grants, a new programme, 3. Regrettably, a significant part of our worst did happen in 2014, with the an- and was awarded funding for refugee aid efforts had to go into protecting ourselves, nexation of Crimea and the emergence of a and publications. The share of presidential and the Human Rights Centre acted in line new major “hot spot” in the east of Ukraine. funds in the HRC's total budget was not large with, and as part of, the Memorial network The area brought a major inflow of refugees; and thea new grant application was turned as a whole. The so-called Foreign Agents Law the Migration Rights Network programme down after Memorial had been put on the that came into force in November 2012 is led by Svetlana Gannushkina provides aid Foreign Agents List. The bottom line was as below any critics indeed, this evaluation and support to them. As the conflict de- follows: in 2013, Memorial HRC's budget refers to the law in general rather than to veloped, Oleg Orlov of the “Hot Spots” rose to RUB 109 million, while in 2014 it some minor issues relating to certain of its programme organized several missions to dropped to RUB 89 million. We have ex- provisions. It is our duty as a human rights monitor the situation in the region. Impor- perienced serious difficulties with receiving organization to fight its unlawfulness by legal tantly, the conflict did not produce a deep grants from long-time donors. Some of them means. By doing this we defend not only divide between the civil societies of the two decided to leave Russia for good; others ourselves but also the freedom of associa- countries. Indeed, cooperation between were given friendly advice to do the same. tion guaranteed to Russians by the Constitu- Ukrainian and Russian human rights activists And still others said or at least were thinking: tion and Russia's international obligations. increased, and Memorial HRC played an “Now that you have been declared 'foreign active part in the joint efforts. In the spring 2013 officials from the agents', is it a matter of days or months Prosecutor's Office paid a visit to the before your work will be banned? Or maybe ***** Memorial Society offices aimed at conduc- you yourselves are thinking of quitting?” 2. The “totalitarian past” and peculiar ting a “check” on the Society's activities. As Well, we have not stopped and have features of the ancien régime saw a part of that “check” Memorial, organiza- no plans of doing so. We are not sure what to comeback manifested in the use of political tions provided the Prosecutor's Office expect in the coming year, although life is repression, both judicial and extrajudicial, as representatives with copies of some 9,000 certainly not going to become easier. I hope, a means of ruling the country, and pages of documents. Subsequently, an however, that we are prepared for it. systematic pressure on civil organizations official letter from the Prosecutor's Office and activists. But other traditions have arrived, stating that Memorial HRC was to survived as well. The programme “Support register as a “foreign agent”. Memorial Alexander Cherkasov for Political Prisoners” programme led by appealed against that ruling through the Sergei Davidis has monitored political Russian courts and predictably lost the case. Board Chair prosecutions and published lists of political But, prior to that, in February 2013 The Memorial Human Rights Centre prisoners. These efforts may have helped to Memorial International Society and a coaliti- make the issue of political repression an on of ten NGOs lodged an application with important part of the national agenda. With the European Court of Human Rights against

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение.

2013/2014 5 Memorial Human Rights Centre: Facts and Figures

The Memorial HRC activities Appraisal of the Situation in the North International Legal Mechanisms include: Caucasus Conflict Zone', produced in in Defense of Human Rights 2013—2014; Programme (ECHR) identifying and documenting human rights abuses; 1 omnibus 2009—2013 edition of Active since 2000, the Programme aims at aiding private individuals, distributing information about hu- the bulletins produced in 2014 lawyers, and NGOs in Russia in man rights abuses; 2,194 consultations provided by litigation at the ECHR; raising the circulating Memorial books and Memorial HRC lawyers over the two professional level of rights defenders / other publications to a targeted reader- years; NGOs who lodge ECHR applications. ship; ECHR cases won by the providing legal aid to victims of 13 cases in courts won by Memo- 16 human rights abuses; rial HRC for North Caucasus residents. programme's lawyers; representing victims of human 5 meetings in the Committee of rights abuses in domestic and inter- Migration Rights Network Ministers of the Council of Europe were national courts; A network to provide legal aid to held with analytical papers on Chech- writing reports, reviews, and other forced migrants, founded in 1996, and nya and extradition cases prepared by analytical papers; presenting those at currently with offices in 41 Russian the programme; cities and towns. meeting in Russia and abroad; 101 applications were lodged for preparing recommendations for 46 of Russia's cities and towns litigation at the ECHR in 2013—2014; state agencies. had Migration Rights Network offices 87 cases at the ECHR won. in 2013; “Hot Spots” programme 41 of Russia's cities and towns “Support for Political Active since 1991, the programme had Migration Rights Network offices Prisoners” programme staff examine the human rights in 2014; situation and adherence to interna- Launched in 2010, the pro- tional humanitarian law standards in 10 round table discussions and gramme provides both the Russian and the areas of large-scale conflicts that seminars held in 2013–2014; international public with detailed and have the potential to evolve or have systematic information on people over people attended three- already evolved into armed conflicts. 100 facing politically motivated criminal day seminars for Migration Rights charges and on civil rights activists 5 monitoring missions in the area Network lawyers; under pressure from the authorities. eport of conflict in Ukraine (2014); 27,473 consultations were pro- 5 political prisoners lists released 4 reports released detailing mis- vided in 2013—2014; in 2013—2014; sion results; 6,445 applications submitted to 55 people were added to the 18 Ukrainian, Russian, and inter- the state agencies; Memorial HRC list of political prisoners national human rights NGOs, including on the grounds of dossiers prepared by 29 complaints lodged with the Memorial HRC, took part in writing the programme; Recommendations for the OSCE ECHR;

14 people were recognized as e — Annual R pointing out the necessity of involving 729 visits to penitentiary insti-

civil society activists who find them- tr the civil society on a bigger scale in tutions; OSCE responses to the crisis in and selves under politically motivated around Ukraine; 642 visits to detention and com- pressure from the authorities; pact settlement centres; 202 news stories about human 47 political prisoners and civil ts Cen rights abuses in the North Caucasus 1,978 cases litigated in Russian society activists who find themselves published in 2014; courts; under politically motivated pressure from the authorities received legal 350 North Caucasus stories with 789 cases with favourable ver- assistance and financial support; references to Memorial HRC appeared dicts; the programme was among the in the Russian media in 2013; 220 cases were solved by pretrial organisers of numerous rallies in sup- 501 such stories appeared in agreements. port of political prisoners in Moscow 2014; (2013—2014), marches for freedom of Bolotnaya Square prisoners on October 8 quarterly news and analysis 27, 2013, and February 2, 2014; bulletins, 'Human Rights Activists'

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 6 Memorial Human Righ the programme took part in Central Asia Programme Countering Fabrication of Criminal Cases on Islamic organizing the “RosUznik post” (De- Created in 1999 following the cember 2013 and 2014), an action Extremism in the Russian launch of mass-scale political repres- Federation aimed at raising public awareness of sion in Uzbekistan. political prisoners in Russia and support The programme was founded in In autumn 2013 Memorial HRC for those behind bars by sending them 2005 as Memorial's response to a sharp resumed its work on Turkmenistan, one New Year postcards and greetings. increase in the scale of unfounded of the most closed countries in the persecutions in Russia of members of world; participation in an international OVD-Info project independent Muslim communities humanitarian campaign 'Prove They under the pretext of the fight against The project has been active since Are Alive!', aimed at uncovering the terrorism and extremism. December 2011. The Memorial HRC truth about the fate of tens of political became OVD-Info's major partner in prisoners; Human rights monitoring of crimi- 2013. The project focuses on pressure nal and extradition cases, unfounded Contribution in 2014 of two cam- on activists by the state, and the state arrests, and bans on Islamic literature; paign reports; agencies that make the pressure consultations for applicants (from possible (the police, the court system, interview with a former prisoner 20 regions) with complaints of the and prisons). of the Ovadan-Depe secret prison; lists infringement of the rights of Muslims; of politically motivated criminal The project provides a 24/7 hot- in some cases provision of a lawyer; in prosecutions in Uzbekistan in 1998— line to register calls about deten-tions Chelyabinsk, Moscow, Gorno-Altaisk, 2010 updated, an analytical review was at public events. To inform about a members of the programme acted in compiled, and lists for 2011—2014 that detainee is also possible by an online court as representatives of the defense, include over 460 names; fill-in form; experts, or witnesses, and drafted research revealed a wide-spread submissions; over 120 cases of those detained practice of fabrication of criminal in Moscow on February 21, 24, and an open letter from programme investigations against labour migrants March 2, 2014 were litigated by Memo- head Vitaly Ponomaryov and the head from Uzbekistan, accused of establish- rial HRC, Public Verdict Foundation, and of Migration Rights Network Svetlana ing “extremist communities” in Russia Jurix lawyers and attorneys that were Gannushkina to the Russian President, and other countries; trained by the above mentioned staff; urging a review of the use of legislation monitoring the situation in the in the fight against extremism was filed; 5 analytical repo were published; south of Kyrgyztan that saw large-scale motions prepared pertaining to inter-ethnic clashes in June 2010; over 5.000 media mentions of Russian Muslims who apply for asylum the project in 2013—2014. participation by the programme in foreign countries. leader in the annual OSCE consultations on Human Dimension.

2013/2014 7 Memorial Human Rights Centre Board Members

Cherepova, Olga Ivanovna, Me- Centres. Staff member of the pro- (from 1990 onwards), worked in the morial activist since the late 1980s, gramme “Support for Political Pri- Chechen Republic conflict zone, works in the Memorial Human Rights soners” programme, member of the' member of the Board of International Centre programmes on preventing Union of Russian Writers, coordinator Historical and Educational, Charitable ethnic discrimination in the Russian of the Union for Solidarity with Political and Human Rights Society Memorial, Federation and, amongst others, with Prisoners. co-chair of the Moscow Memorial. the Migration Rights Network. Kogan-Yasnyi, Viktor Valentino- Shkapov, Dmitrii Vadimovich, Cherkasov, Aleksandr Vladimiro- vich, Memorial activist since the late Memorial activist since 1989, worked vich, Chair of the Board of the Memo- 1980s, participated in Memorial's for the “Hot spots” programme in rial Human Rights Centre, journalist, mission to the conflict zone in Chechnya Tajikistan, Moldova, and during the member of the Board of the Inter- (1995), Сhair of the Board of the NGO Ossetia —Ingushetia war conflict. In national Historical and Educational, Regional Civic Initiative – Right to Life charge of the Memorial Human Rights Charitable and Human Rights Society and Human Dignity. Centre archives since 1998; media Memorial, staff member of the “Hot monitoring as part of the “Hot Spots” Okhotin, Grigory Nikitich, jour- Spots” programme, member of the programme since 1999. Contributed to nalist and independent researcher, co- Expert Council under the Commissioner 'The System of Corrective Labour founder of the OVD-Info human rights for Human Rights of the Russian Camps in the USSR: 1923–1960', media project, co-founder of the Federation. monograph published by Memorial. Data4Society project (a group of Davidis, Sergei Konstantinovich, journalists and IT specialists engaged in Soboleva, Darya Borisovna, lawyer, sociologist, has campaigned for analyzing and popularizing information sociologist, staff member of the “Hot the right to freedom of assembly and that is important to the public). Spots” programme, secretary of the support to political prisoners since the Member of the Board of International organizing committee of the Russian mid-2000s, coordinator of the Union for Historical and Educational, Charitable Alternatives conference, project coor- Solidarity with Political Prisoners, and Human Rights Society Memorial. dinator in the Civic Assistance Com- member of the Federal Coordination mittee (August 2012 – July 2013). Orlov, Oleg Petrovich, head of the Сouncil Bureau of the United Demo- “Hot Spots” programme, Board mem- Sokiryanskaya, Ekaterina Leoni- cratic Solidarity Movement, member of ber of the International Historical and dovna, PhD at the Central European the Federal Сoordination Сouncil Educational, Charitable and Human University (Budapest). In 2003-2008 Steering Committee of the 5th of Rights Society Memorial, chair of the worked in Memorial Human Rights December Party. Head of “Support for Memorial Human Rights Centre in Centre offices in Chechnya and Ingu- Political Prisoners” programme. 1996—2011, member of the Expert shetia, 2008–2011 in charge of Memo- Gannushkina, Svetlana Alekse- Council under the Commissioner for rial Human Rights Centre's programme eport evna, mathematician, in the late 1980s Human Rights of the Russian Fede- in Nalchik and Makhachkala. Head of organized legal and humanitarian ration. the office of International Crisis Group assistance to refugees and worked in in Russia since 2011. Member of Expert Ponomaryov, Vitaly Anatol'evich, the “hot spots” areas of the former Council under the Commissioner for pro-democracy activist since the late Soviet Union and Russia. Head of the Human Rights of the Russian Fede- 1980s, expert on Central Asia, journa- Migration Rights Network, member of ration. list, worked in the conflict zone in South the Board of International Historical Kyrgyzstan in 2010, head of the Central Vakhnina, Liudmila Vsevolo- and Educational, Charitable and Hu- Asia programme and the Countering dovna, PhD in biology, activist in the e — Annual R man Rights Society Memorial, Chair of

Fabrication of Criminal Cases on Isla- democracy movement since the late tr the Civic Assistance Committee, mem- mic Extremism in the Russian Federa- 1980s, from 1994 onwards involved in ber of the government Commission on tion programme. the protest movement against the war Migration Policy. in Chechnya. Coordinator of the Redun- Raczynski, Jan Zbigniewich, Me-

Karetnikova, Anna Georgievna, dant Soldier programme since 2003. ts Cen morial activist since the late 1980s, writer, journalist, lawyer, anti-war Chair of Memorial Human Rights activist. Member of the Public Over- Centre (1993—1996), took part in sight Commission for Human Rights Memorial's missions to conflict zones Observance in Moscow Detentition

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 8 Memorial Human Righ e tr ts Cen “Hot Spots” ammes of Memorial

Human Righ Programme

ogr Head of the programme — Oleg Orlov Pr

The “Hot Spots” programme has in the post-conflict areas. justice because there exist other, legal, been focused mainly on the North means to this end. Our work in the North Caucasus Caucasus region for over several years. region has always been aimed at getting In the long-term scenario, severe It was only in 2008 that our activities those representatives of the state who law violations that are allowed to take crossed Russia's borders given the need committed crimes to be held ac- place during a fight against terrorism to monitor the situation that resulted countable for human rights violations encourage terrorist activities. In order from the war between Russia and or defend victims of abuses committed to preserve peace and stability the state Georgia. Again, in 2014 the events in by law-enforcement officers or security needs to observe the protection of Eastern Ukraine led the programme to agencies (siloviki) or by government human rights. extend its activities to the territory of a officials. We believe that in those neighboring country. Methods unfortunately rare cases when we Objectives managed to do so, our efforts in fact Providing legal aid to victims of When the programme was helped the Russian state in its fight rights violations committed by the launched in 1991, its objectives were to against terrorism. Insurgents try to authorities (mainly the siloviki); human examine the human rights situation and present Russia as inherently cruel and rights monitoring; preparing reports adherence to international huma- unjust state. On the contrary, we based on the information gathered and nitarian law standards in the areas of attempt to get the legal mechanisms analytical papers to be distributed large-scale conflicts that have the working, making it clear to society in widely using media and other channels potential to evolve or had already the North Caucasus that its members in order to raise awareness about the evolved into armed conflicts, as well as do not need to turn to arms to achieve issues that require public attention.

Outcomes — Ukraine equipped troops lacking proper training the witnesses could not confirm that We conducted five monitoring are no longer sent to the areas where the wounded armed groups members missions in the conflict zone in Ukraine they might clash with hostile civilians; had been shot and killed. in 2014, either on our own or in col- • Ukrainian authorities must put a • On June 3 the hospital came laboration with our Ukrainian col- stop to the activities of all illegal armed under Ukrainian mortar fire. A doctor leagues. As a result, four reports on the groups including those that position was killed. There are good reasons to conflict were published. themselves as defenders of the Ukrai- believe that the fire was deliberate. nian state. Uncontrolled armed groups’ ‘The Failed Referendum’ report activities, historically known in the 'The Report on the Monitoring looks into the events prior to and region as atamanshchina, may do just Mission to the Donetsk and Luhansk following the time when the conflict in as much harm to the Ukrainian state- Regions of Ukraine. Strikes against the Donetsk region turned into an hood as the actions of the separatists. Civilian Targets in July 2014'. armed phase. 'The Report on the Monitoring Conclusion: Conclusion and recommenda- Visit to the City of Krasny Liman, in the • As the ceasefire proclaimed by tions: Donetsk Region, Ukraine'. Results of Ukraine came to an end on July 1, 2014, • the self-proclaimed Donetsk the monitoring visit by a group of the town of Slavyansk residential areas, People's Republic, or DPR, authorities Russian and Ukrainian human rights including the districts that did not ho- and activists have been involved in activists to investigate allegations that use military sites of the self-proclaimed serious and systematic human rights the Ukrainian National Guard fighters DPR armed forces, repeatedly came violations and terror against dissidents; had shot and killed wounded fighters of under mortar and artillery fire. • the referendum held on May 11, the self-proclaimed Donetsk People's The strikes conducted by the 2014, cannot be seen as legitimate. The Republic and that the Krasny Liman Ukrainian army against Slavyansk led to methods used to conduct the referen- hospital had come under Ukrainian numerous fires, damages and nume- dum make it impossible to determine artillery fire during fighting in the city. rous civilian deaths and may be quali- its results with any credibility; Conclusion: fied as non-discriminatory and thus constitute a violation of the interna- • Ukrainian authorities ought to • Contrary to the statements tional humanitarian law. bring to order their own military and made by the representatives of the self- security personnel making sure that ill- proclaimed Donetsk People's Republic,

2013/2014 9 • According to the information the enemy, causing deaths of civilians Ukrainian Conflict: all things considered gathered on the site, it is highly likely and destruction of civil objects. In late November 2014 a Memo- that the strikes on July 2, 2014, against • District areas have repeatedly rial HRC group went to the town of the villages of Luhanskaya and Staraya come under multiple rocket launcher Pervomaysk, Luhansk Region, Ukraine, Kondrashovskaya were carried out by (MRL) fire which is a source of special that had previously come under control Ukrainian air forces. concern. MRLs use in urban areas is of the separatist forces. During the It is not known whether the unacceptable, represents a violation of mission, Memorial documented heavy strikes were deliberate or resulted from laws and customs of war and can be damage done to residential buildings by mere negligence. However, they clearly qualified as a war crime because it the Ukrainian artillery fire, as well as violate the international humanitarian knowingly leads to unjustified civilian depressing conditions for the civilians law and constitute a crime. deaths and destruction. amounting to being on the verge of a • During the monitoring mission • The severity of the humanitarian humanitarian catastrophe. Starvation to the town of Kramatorsk on July 5, situation on the territories under was on the horizon. Simple medicine 2014, it emerged that the Ukrainian separatists' control was made worse equipment and drugs were lacking. forces primarily shelled the self- when salaries were stopped to in- and There was no building blocks to rebuild proclaimed DPR military units that were outpatient hospital staff who had the damaged houses. It was getting stationed on the outskirts of the town, remained in the area saving lives of and chilly inside homes. However, the outside the residential area. The town providing medical aid to the local humanitarian aid that was sent to itself remained nearly intact. population. Also affecting the huma- Eastern Ukraine from Russia could not Thus, considering the large-scale nitarian situation negatively was the reach the region. The authorities of the military standoff in the region, no decision to stop retirement payments self-proclaimed Luhansk People's serious humanitarian law violations, to pensioners residing in the area. Republic had no desire to provide food carried out by the Ukrainian military Also in 2013 and 2014 the “Hot and other aid to the areas under control and security personnel against the Spots” programme issued smaller of Cossacks who had demanded Kramatorsk residents were identified. reports on the situation in Eastern autonomy. As a result, the civilians Ukraine that were shared on social suffered most. The report ‘Between Ceasefire networks and Echo of Moscow radio and War’. Details international huma- On return to Moscow Memorial station blogs. Inter alia, they drew nitarian law violations by both sides of wrote to the Russian Ombudsman parallels between the two ongoing the conflict in Ukraine during the expressing the hope that the Russian military conflict in Eastern Ukraine and fighting in the summer of 2014 and the authorities might use their influence to the conflict in the Chechen Republic. ceasefire that followed. Also describes persuade the authorities of the self- Mention was also made of the fact that the situation with food and medical aid proclaimed Luhansk People's Republic people, who had earlier been impli- in the conflict zone. The report was transfer the Russian aid to those who cated in crimes during the fight against presented in February 2015 at the OSCE need it most in Pervomaysk. Memorial terror in the North Caucasus, now ap- Parliamentary Assembly session. does not excuse the international law peared in the Ukrainian conflict area. Conclusion: violations that Russia has been com- The Memorial Human Rights • Starting at least from the second mitting when sending the humanitarian Centre was part of a group of eighteen convoys to the neighouring country half of August 2014, the armed conflict Ukrainian, Russian, and international in Donetsk and Luhansk regions of without consent of the Ukrainian human rights NGOs which wrote authorities and international organi- Ukraine evolved into an international Recommendations to the OSCE saying

zations. However, if the convoys bring eport armed conflict between Ukraine and that the OSCE response to the crisis in Russia. It should be noted, however, humanitarian aid, it is only logical that it and around Ukraine should aim at ends up where it is needed most. that the emergence of an international involving the civil society on a bigger armed conflict on the territory of scale. Memorial's reports on the situa- Ukraine does not prevent one from tion in Pervomaysk were met with qualifying the conflict between the attention in some Russian and foreign government-controlled forces, the self- media. At the end of December, Pervo- proclaimed Donetsk, and Luhansk People's Republics as a non-interna-

tional armed conflict. e — Annual R

• Both sides of the military con- tr flict in Eastern regions of Ukraine have neglected their obligations to take all possible measures to avoid or minimize

civilian deaths and injuries, destruction ts Cen and damage to civilian houses etc. Such negligence resulted in civilian deaths and destruction of the Donbass towns and villages, which was completely unjustified by war purposes. • During the armed conflict both sides deployed their weaponry, including artillery fire positions inside residential areas of towns and villages. When firing from those positions, they inevitably provoked response from ©АхмедDistribution Магомедов/ of bread«К авкin Pазскийervomaysk, узел» Luhansk district. November 2014.

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 10 Memorial Human Righ maysk and the neighboring villages Facing the Difficulties policies are having on the attempts to received the first supplies of food and In 2009—2012, due to the efforts establish and maintain stability in the building material from Russian huma- of Memorial Human Rights Centre and North Caucasus. nitarian convoys that came their way the whole of the human rights com- since July. Memorial has been told that munity in Ingushetia and later in Dagestan the Russian Ombudsman informed the Dagestan and (to a lesser extent) in The Republic of Dagestan has Emergency Situations Ministry, in Kabardino-Balkaria, a so called “New probably seen the most marked charge of the humanitarian aid provi- way” policy was launched aimed at a change. The following issues have sion, about the grave situation in dialogue with different layers of the become part of Dagestani reality over Pervomaysk. society and human rights activists and the last two years: mopping up ope- showing the authorities' commitment rations in towns and villages accom- Major Outcomes: to lawful actions in the fight against panied by looting and violence, North Caucasus terror. destruction of homes belonging to Adaptation Commissions were relatives of Dagestani insurgents, Over the course of 2013—2014 created in the four North Caucasus curtailing of the dialogue with the Salafi “Hot Spots” staff in Dagestan, Chech- republics in order to help former Muslim community, torture and refusal nya, Ingushetia, and Kabardino-Balkaria militants and their supporters, who to grant attorneys access to their continued to gather information that were ready to lay down their arms, to defendants. went into news releases and analytical return to peaceful lives. Despite certain reports on the human rights situation in The Dagestan-based Pravo- setbacks, the work of those com- the region. The news were circulating zashchita human rights organisation missions had positive impact. Joint among the mass media and posted on has been under pressure since summer work between the public human rights Memorial HRC website, with 210 news 2013. Criminal proceedings on trump- organizations and state agencies was stories published in 2013 and 202 in ed-up charges were instigated against strengthened, and state-sponsored 2014. It is estimated that the Russian Pravozashchita's Zarema Bagavut- dialogue between representatives of media ran 350 and 501 North Caucasus dinova. The Memorial HRC provided various trends in Islam began. stories with references to Memorial in attorney's services to Ms. Bagavut- 2013 and 2014 respectively. The implementation of the “New dinova and put her on the list of political prisoners. In Ms. Bagavudinova's case, A quarterly news and analysis way” policy has, inter alia, helped to the attempt to attract media and public bulletin was produced, ‘Human Rights limit the losses among the siloviki. That attention resulted in success and the Activists' Appraisal of the Situation in was primarily evident in Ingushetia that case nearly collapsed during the trial, the North Caucasus Conflict Zone’. The emerged as the most tranquil of all the nevertheless which did not prevent the bulletin is a digest of Memorial and North Caucasus republics. Similar court from sentencing the defendant to other human rights NGOs reports, results were also felt, albeit to a lesser five years in jail. media stories, and official documents extent, in Dagestan. There emerged and is aimed at journalists, politicians, hope that the new emphasis on “soft On March 1, 2013, Memorial or- and civil activists. An omnibus 2009— power” and the authorities' refusal to ganized a press-conference in Moscow 2013 edition of the bulletin was rely exclusively on methods of state ‘Dagestan: The Police in Conflict Zone – released in February 2013. terror might develop further. A View from Inside.’ The conference that resonated both in and outside Over these two years, the lawyers The newly-adopted policies, Dagestan saw the participation of working under the auspices of the “Hot though, were not adhered to in any former and current Dagestani Interior Spot” programme provided 2,194 consistent way and met powerful Ministry officers. The participants consultations. These included legal aid opposition by both the state security detailed corruption in the Da-gestani with lodging complaints with the agencies unwilling to give up methods police, provided evidence of unlawful courts, the Investigative Committee of “state terror” and the insurgents who appointment or sacking of police and the Prosecutor's Office, the police, feared that the “New way” might limit officers and the overall damage done to and other official agencies. In individual their ability to mobilise support among the professionalism of the police. cases, the “Hot Spots” lawyers were the local population. Colonel Salekh Gadzhiyev, who had involved in the cases at the preliminary Regrettably, in 2013—2014, been in the police service for over 35 investigation stage and later in courts. against the background of growing years and held numerous awards, was The programme has closely hysteria in Russia provoked by the fired because of his participation in that cooperated with other Memorial HRC Ukrainian conflict, the authorities in the press-conference. In November 2014 programmes and partner NGOs, North Caucasus reverted to the old Memorial HRC lodged a com-plaint on including the Civic Assistance Com- policies of unlawful violence. The “Hot Colonel Gadzhiyev's behalf to the mittee, the United Mobile Groups of Spots” programme deems it important European Human Rights Court pointing Human Rights Defenders in Chechnya, to raise awareness of society, the mass to the violation of Article 10 of the and the Committee against Torture. media, the Russian authorities, and ‘European Human Rights Con-vention’ When the attempts to achieve justice international organizations as to the (freedom of speech). on a domestic level fail, the cases are negative impact this has on the The siloviki produced an out- referred to the International Legal establishment and maintenance of rageous example of lawlessness by Mechanisms in Defense of Human peace in the North Caucasus. conducting a mopping up operation in Rights programme and are litigated in We at the “Hot Spots” pro- the village of Vremenny. The operation the European Human Rights Court. In gramme believe it to be of utmost continued from September 18 to 2013—2014 Memorial won eighteen importance that society, the mass November 26, 2014, and was shaped as cases in the European Court where media, the Russian authorities, and a punitive act. All the residents were applications originated from the international organizations perceive expelled from the village. There Northern Caucasus residents. clearly the negative impact that such remained no home intact, looting and

2013/2014 11 destruction of property were widespread. Entire houses, gardens, and garden sheds were destroyed while the cattle, no longer taken care of by its owners, was used as food by the siloviki. When the Vremenny residents were allowed to return to the village they found themselves without property, and many were left homeless. One of the villagers, who had been detained by the siloviki, disappeared without trace. Memorial staff visited the village at the very moment it was possible to do so. Currently, a lawyer hired by Memorial, represents the interests of the villagers, with the view of lodging complaints on their behalf and ensuring that a criminal investigation is opened into abuses.

Ingushetia Rep. Dagestan, Vremenny village aftermath of a special forces operation. 2015. The Memorial HRC was able to maintain constructive relations with the local authorities in the changing on strong evidence Memorial believes Balkaria Supreme Court. The accused is circumstances, although the govern- both of them to be completely Alexei Makoyev who, according to the ment had taken a step back in the innocent. While their innocence official version, was killed in a security human rights sphere. In September became obvious during the trial, Rasul operation. This is an episode in a long 2013 Ingushetia President Yunus-Bek Kudayev was sentenced to life im- row of killings or disappearances of Yevkurov, who had previously been prisonment and Kazbek Budtuyev Kabardino-Balkaria residents. Alexei known for favoring dialogue and “soft received four years and ten months in Makoev's family members disagree power” methods, made clear the jail. Mr. Budtuyev had already served with the official version and demand authorities' intention to destroy the his prison term while in pre-trial the criminal investigation to be con- homes of militants and their ac- custody, but the very fact of his being tinued. They intend to prove Alexei's complices. Memorial alongside other found guilty casts doubts on the legality innocence and ensure his rehabili- civil society representatives contri- and fairness of the judgment. Other tation. Eva Chaniyeva, the defense buted to the fact that the statement defendants received lengthy prison attorney hired by Memorial HRC, says, was soon disavowed. Despite that, in terms as well although their guilt was “As soon as relatives of young people March 2014 the siloviki intentionally not sufficiently proved and there killed in security operations stop saying destroyed two houses that belonged to remain serious doubts as to the very OK when an investigation is closed “due the family of a man who allegedly fact of their implication in the Nal'chik to death” – provided that they believe supported the insurgents in the region.. events on October 13, 2005. them to be innocent – as soon as the

Two unarmed suspects were shot and eport Memorial HRC has extensively relatives take steps to prove their killed. Memorial conducted its own covered the developments in the trial. innocence using the entire range of investigation and sent a formal letter to In December 2014, Memorial pub- courts, up to the European Court, – we the Republic's President. Fortunately, lished the report, 'Nal'chik. “Trial of 58” are going to see fewer extrajudicial no similar events have taken place — On the Eve of the Court Ruling”' executions.” since. The Republican Adaptation saying that the expected sentence Commission resumed its work in would hardly help to calm down the Chechnya February 2014, and Ingushetia is the situation in the North Caucasus. Pre- only republic where adaptation com- In the Chechen Republic, in sently, the attorneys hired by Memorial contrast to the rest of the North mission work is continuing. Memorial's e — Annual R HRC are drafting the appeals. Caucasus republics, the authorities

Nazran office head Timur Akiyev is a tr member of the Commission. In August 2013, the trial started in have opted for the use of state-directed the town of Chegem concerning torture violence as a means of combatting the used against two teenage students. An insurgency. Under those circum-stan- Kabardino-Balkaria ill-advised game ended up in them ces, the work of human rights organi- In late 2014 all the defendants in a ts Cen being held suspects – they were zations faces serious difficulties and high-profile “Trial of 58” were sen- supposedly watching a police officer's sometimes comes under threat. For tenced to various prison terms. The house at the request of the fighters. The example, the office of Memorial's court trial on the attack against the teenagers were taken to a local police partner, the United Mobile Groups, was offices of the state in the city of Nalchik station and cruelly beaten. The court burnt down in Chechnya. Notwith- on October 13, 2005, had been ongoing issued its sentence as late as March standing that, Memorial was able to since March 2009 in the Kabardino- 2015. The police officer who tortured win a number of the European Court Balkaria Supreme Court. Memorial HRC the teenagers received four years of applications which were the first followed the trial closely and hired imprisonment. Nevertheless, this just abduction cases in Chechnya under attorneys, initially Magomed Abuba- sentence is yet to be reexamined in the Ramzan Kadyrov. These include 'Su- karov and later Batyr Akhil'gov and appeal court, where it can be altered. leymanov v. Russia', 'Askhabova v. Magomed Gagiyev, to defend Rasul Russia', 'Turluyeva v. Russia', 'Makayeva Kudayev and Kazbek Budtuyev. Relying Since November 2014, a trial has been going on in the Kabardino- v. Russia'. These winning cases came Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 12 Memorial Human Righ because of joint efforts of the United Media Profile ndence from Kiyv]. Memorial's Oleg Mobile Groups and the Memorial Orlov who has just come back from Human Rights Centre. May 20, 2013 Echo Moscow Ukraine told TV Rain about the referendum in the Donetsk region and For fear of reprisals, the Chechen I n t e r v i e w w i t h A l exa n d e r events that followed the creation of the residents have lately been reluctant to Cherkasov, Memorial HRC Chair file complaints with human rights self-proclaimed republic. organisations. Despite that, Memorial Words of the authorities are staff who were part of the Chechen supposed to emanate from a single Public Supervisory Commission, a body brain centre. Instead, what we have December 11, 2014 'Kommer- in charge of supervision of conditions in here is a number of brain centres that sant' have peculiar and primitive connec- prisons and other detention facilities, Fighters Homes Burnt Down were able to gather information about tions. It was just a year ago when both victims of torture among people who the National Anti-terrorist Committee As Memorial HRC's chair Alexan- were detained or arrested by Chech- and Anatoly Bortnikov, the head of the der Cherkasov told Kommersant, soon nya's branch of the Russian Interior FSB, were saying that the “soft power” after all the 11 fighters who had been Ministry personnel. Aggregating that methods used by the Adaptation killed in Grozny on December 4 were information plus the results of moni- Commission brought about positive identified, the Chechen siloviki went toring of the Chechen courts and televi- changes in Dagestan. But it seems that about burning down homes of their sion, Memorial produced reports de- they then were given a different task, relatives. The first to suffer that fate tailing the horrifying state of the legal and the rhetoric changed accordingly. was the Yunus Gekhayev's house in the and judicial system in the Chechen village of Novy in the eastern suburbs of Republic. In late 2014, Memorial HRC Gudermes, the human rights activists itself turned into an important infor- March 2, 2013 Kavkazsky Uzel say. mation source when it was able to Dagestani police officers demand document several occasions where the local Interior Ministry to be December 24, Deutsche Welle homes of those suspected of ties with scrutinised militants were burnt down and their Human Rights Activist: “58 Trial” Kavkazsky Uzel's report on the families expelled. Sentences Neither Fair Nor Lawful press-conference, “Dagestan, Police in During the wars in Chechnya, a the Conflict Zone: a View from Inside.” large number of Russian speakers had The authorities are about to lose to flee the republic. Not infrequently, the chance to calm down tension in the their flats were taken over by people North Caucasus, Oleg Orlov, Memorial May 21, 2014 TV Rain who had no right to that property. Up HRC board member, says. “We perceive the court decision as neither lawful nor until now, legal owners find it difficult to – C r i m i n a l N e g l i g e n c e v s . fair. The court found guilty not only restore their property rights. A positive Organised Crime Memorial Issues those whose involvement had been example was set by the civil application Report on Life in “Luhansk People's proved, but also those who had refused lodged by L. P. Stashevskaya who comp- Republic” lained that unknown persons illegally to take part in the attack on Nalchik [in Memorial HRC's Oleg Orlov seized her flat in the republican capital, 2005], those who had not fired a single releases a report on what was hap- Grozny, after the end of the Second shot and surrendered to the authorities pening in Ukraine's Donetsk Region Chechen War. The Zavodskoy District voluntarily. The court should have prior to the referendum [on indepe- Court in Grozny held on February 14, shown leniency to those persons.” 2013, ruled that the property rights were to be fully restored to Ms. Stanishevskaya. With widespread lawlessness in relations between officials and local residents, the case of Davydenko Village, Achkhoi-Martan District, was important. The local officials wanted the local residents to pay rent for their land despite the fact that the residents had owned the land for a number of years and had long ago built homes on their slots. The court ruled on Sep- tember 12, 2013, that the residents had full property rights to their land and that rent contracts signed by the local administration were invalid. A Memo- rial lawyer represented the claimants' interests in the court. The litigation that took over a year to complete created a precedent allowing other residents of the same district to appeal against the Chechnya. A burnt down house of insurgent's relatives. December 2014. illegal demands of the local officials.

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er f r i a h g by or to b ef m e- i in n h n e a s - Programmes of Memorial Human Rights Centre Memorial Human Rights Centre — Annual Report armed conflict or arrived prior to the beginning of the armed conflict. Moreover, the city of Moscow, the Moscow region, St. Petersburg, the Rostov region, Crimea and Sevastopol stopped accepting applications from Ukrainian citizens altogether. Interes- tingly, the authorities used the same government decree (No. 691) as grounds to decline asylum applications because it did not list the above- mentioned regions as responsible for receiving Ukrainian refugees. Mean- while applicants in Moscow were told the city does not establish “any asylum quotas”. By the end of 2014, 227 Ukrainian citizens had been granted asylum. These were mainly members of the Berkut battalion, prosecutor's office In a refuges camp in Moscow. August 2013 staffers, etc. A further 214,152 were granted provisional asylum. The largest number of appeals in former republics of the Soviet Union, ; the courts concerned the authorities' admissions to pensions and pensions Providing legal aid refusals redistribution, dealing with problems in The Migration Rights Network ⁃ to give access to the refugee sta- accessing social security services and offices operated in 46 regions of Russia tus determination procedure; employment services and housing assistance. in 2013 and in 41 regions in 2014, ⁃ to grant refugee status; including the North Caucasus. Legal aid The work of the network's lawyers was provided to asylum seekers, ⁃ to provide provisional asylum; brought positive results as far as refugees, stateless and internally ⁃ to accept applications for Russi- legalizing specific migrant categories is displaced people, working migrants, an Federation citizenship. concerned. Previously the courts and occasionally to other vulnerable tended to decline appeals of HIV- Appeals also dealt with the fol- categories. In 2014 saw a mass of infected migrants against FMS agen- lowing categories: applications from families that pro- cies' refusals to grant provisional asy- vided shelter to their Ukrainian rela- ⁃ preventing extradition, expulsi- lum, a residence permit or a temporary tives. on, deportation; residence permit. Over the last two years, however, the courts have ruled in Legal aid included: ⁃ protection from harassment; favor of applicants more often, a ⁃ ⁃ giving legal advice; providing access to the welfare change traceable to the 2006 Con- system. ⁃ preparing complaints, applicati- stitutional Court decision that has only The court ruled in favor of the ap- ons and appeals to law enforcement recently become part of court practice. plicants supported by the Network staff agencies; There have been improvements in the following cases: Representing applicants' interests too concerning individuals who have ⁃ in courts, primarily protecting appli- preventing extradition, deporta- violated the regime of residence in cants' asylum rights; tion, expulsion; Russia (Article 18.8 of the Admini- ⁃ providing provisional asylum to strative Offenses Code). The courts ⁃accompanying migrants to the persons whose lives or freedom may be have overturned decisions to expel FMS offices; under threat upon return to their home foreign nationals found guilty of Visiting compact accommodation countries or if those persons have violating the Administrative Offenses points (CAPs) for asylum seekers and humanitarian grounds to stay in Russia Code, often considering family/ refugees and migrant detention (underage children and/or spouses children/health concerns. There were a centers; who are Russian citizens); number of favorable decisions in St. Petersburg, the Leningrad region, ⁃ negotiating with employers who ⁃ concerning protection from ha- violate their employees' rights. Moscow and the Moscow region rassment; despite the fact that Part 3 of Article The majority of applications ⁃ concerning issues of citizenship, 18.8 does not provide any alternatives received by the network offices in the provisional asylum permit, residence to expulsion from those Russian regi- North Caucasus dealt with human permit, resident registration, children's ons. rights abuses, including those relating citizenship, etc.; to the right to property and the right to ⁃ establishing the fact of residence Use of the European Human accommodation. Lawyers in the Re- on the 06.02.1992 that let individuals Rights Court and UN public of Ingushetia and the Chechen get a Russian Federation citizen pas- Committees mechanisms Republic succeeded in a number of sport; cases involving the return of property It should be pointed out that the (homes) or compensation for property ⁃ establishing the employment largest number of extradition cases are (homes) lost because of military opera- history of individuals, who left the only settled by virtue of international tions. Chechen Republic, Ukraine and other legal mechanisms. However, that is not

2013/2014 15 the case as far as asylum is concerned. Major outcomes Given a single case where the application of Rule 39 persuaded the FMS to Activities in numbers 2013 2014 grant asylum immediately, no further ECHR litigation has been required. Consultations provided 14 351 13 122 The main extradition issues concern the continuing attempts by the Applications to courts, prosecutor's office, 1 396 1 280 state to carry out extraditions disguised and other law-enforcement agencies as expulsions for an administrative Application to Russia's Federal Migration Service (applicant accompanied by Migration Rights Network 1 140 1 214 offence or as deportations. In some staff member) cases, asylum seekers are abducted by Application to administrative bodies / other state the security services of their home agencies (applicant accompanied by Migration Rights 782 633 Network staff member) countries with the support of their Russian colleagues. The decision about Welfare etc. 230 165 whether to apply rule 39 of court rules (preventive measures) is made within a Cases solved in pretrial agreements 140 80 few hours. Despite the fact that it takes several years for decisions on appeals to Cases litigated in courts – court ruling obtained, be made, Migration Rights Network 2013—2014, 1 053 925 lawyers use rule 39 of court rules to stop extradition to a home country Of those, court delivered favorable ruling 416 373 where an asylum seeker runs the risk of being tortured or inhumanely treated. Applications to the ECHR Court, 2013—2014 16 13 That is why over the years lawyers have succeeded in stopping the extradition Visits to detention and compact settlement centers 331 311 of a dozen citizens of Uzbekistan, Turkmenistan, Tajikistan, Kirgizstan, Visits to penal institutions and lately citizens from Syria, Somali 425 304 and Belarus. In 2013-2014, network lawyers had 18 ongoing cases that were Applications sent to the ECHR. 2013 2014 Round Table Discussions and Seminars Refugee status 1 4 Three-day seminars for the Temporary asylum 64 119 Migration Rights Network lawyers took place in April and again in October 2013. Lawyers and human rights Application for Russian citizenship 194 149 activists from other NGOs, the Federal Migration Service staff members, Temporary residence permit 189 158 representatives of UNCHR and Russia's eport Ombudsman office also attended. The Residence permit 103 61 participants, who included high-profile lawyers and law professors, numbered Expulsion, deportation, over 100 at each of the seminars. Preventing extradition 166 172 On 25-27 April 2013 a seminar on Internally displaced “Citizenship. Refugee Rights Defence in persons, forced Housing 45 39 migrants Courts. Other topical issues” was held. Ensuring salary payments On 27 April 2013 the network Labour migrants 22 202 leader, Svetlana Gannushkina, took or proper work registration e — Annual R part in an expert round table on “Inter- tr national Debate: Encountering Refu- A second seminar, “Innovations in Media Profile gees — Europe and Russia” at the the Legal Status of Foreign Nationals – Sakharov Centre. Part II” was held on 22—24 May 2014. With xenophobia and anti-

migration feelings on the rise in the ts Cen A round table discussion, “Should A seminar, held on 23—25 Russian society, the Migration Rights we fight labour migration?” was held on October 2014 in co-operation with Network's coordination centre in 15—16 October 2013. UNCHR, focused on “Legalization of Refugees from Ukraine. Reduction of Moscow and the regional lawyers have A seminar “Innovations in the Non-Citizenship as a task of the worked in close co-operation with the Legal Status of Foreign Nationals” was International Community”. mass media. That, as well as blogging held on 17—19 October 2013. and social networks, were aimed at The coordinating centre of the Also in 2013 a round table discus- strengthening the dialogue between Migration Rights Network participated sion on “Registration Regime Impact on the NGOs and Russian society and at in a meeting held by the Presidential Asylum Seekers and Refugee Rights” creating a positive attitude towards Human Rights Council on “Migration was held as a joint event with UNCHR in migrants in Russian society. Policy Unresolved Issues”. Russia and the office of the Russian Ombudsman.

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 16 Memorial Human Righ April 15, 2014 Izvestiya The Presidential Human Rights Council to Look into Rights of Crimea Residents who Kept Ukrainian Passports Russian human rights activists are to supervise the rights of the Crimean peninsula residents who decided not to obtain Russian citizenship.

May 22, 2014 Novye Izvestiya Olympic debt The contractors in Sochi owe up to 40 m Russian roubles to migrants who were building the Olympic site, the Memorial Human Rights Centre and Civic Assistance Committee say. The joint report, released by both NGOs, details human rights violations during In a refuges camp in Moscow. August 2013 the largest construction effort in Russia over the last few years.

April 17, 2015 Radio Liberty Playing with the law Migration Rights Network chair Svetlana Gannushkina says, “I took part in some TV and radio shows to discuss the events in Birulyovo. What I said to my opponents was, 'It's time to stop arguing. We see pogroms in Russia and that is horrifying. We should join efforts and do everything we can to prevent the conflict from escalating'. My opponents nodded in agreement and then the discussion slid back to the usual line that migrants are responsible for all the evil, and then people started talking about what can be done to get rid of the migrants. This is what the Russian TV and the press have been doing lately, and on a subconscious level, that is Svetlana Gannushkina receives “Schwarzkopf Europe Award” 2014 what Russian people think. The migrants are the source of evil, and if something bad happens, they are inevitably to blame”.

2013/2014 17 e International tr Legal Mechanisms ts Cen In Defence of Human ammes of Memorial

Rights (ECHR) Human Righ

Head of the Programme — Tatiana Kasatkina ogr Pr

Activity areas in North Caucasus some of the provisions of the Federal Law Objectives • defending local residents from on the Prosecutor's Office are illegal. The The programme aims at aiding violence used by the state (torture, forced text argued against the power of the private individuals, lawyers, and NGOs in disappearances) and by individuals; Prosecutor's Office to conduct “checks” Russia in litigation at the European Court • defending property rights; on legal entities alongside other official of Human Rights (ECHR); raising the agencies, which may lead to “double • defending women's rights. professional level of rights defenders/ checks”. The Prosecutor's Office may NGOs who lodge ECHR applications. arbitrarily choose the reason/frequency/ Methods Major outcomes duration of the “check” on an organization, the Memorial complaint said. In • providing consultation in individual Thirteen applications were sub- practice, prosecutor's checks lack clear cases on domestic level; mitted to the ECHR in 2013–2014. These reasons and/or a framework and further include the application concerning a • in-court support for the most com- complicate the work of NGOs, Memorial plicated cases in trial; dismissal of a Kemerovo Region judge; said. • rendering legal aid to public organi- two applications concerning detentions in zations that are subject to the Foreign Moscow during the protest rallies on The complaint drafted by Memorial Agents Law; December 5, 2011, and May 6, 2012; a was made part of a larger case file that complaint against the authorities refusal included complaints from other NGOs. • preparing complaints to Russia's Constitutional Court; to permit a picketing in Arkhangelsk, and a The Constitutional Court ruling of Fe- case lodged collectively by eleven NGOs bruary 2015 held that a number of the • providing consultation on drafting against the so-called Law on Foreign provisions of the Law on the Prosecutor's ECHR applications; Agents. Office were not in line with the Russian • lodging ECHR applications and work Constitution and tasked the legislature to on subsequent litigation at the ECHR; The programme staff did a massive amount of work on the Law on Foreign take appropriate steps. The cases of the • following-up on ECHR judgments Agents. In addition to the ECHR applica- NGOs that fell victim to the use of the law implementation. tion, the programme lawyers defended were to be revised. NGO rights in courts appealing against the Analytical papers for five meetings prosecutor's office warning letters, at the Committee of Ministers of the eport lawsuits brought by the Russian Justice Council of Europe were prepared in 2013, Activity areas Ministry, those brought by NGOs against concerning the Chechen cases of in- • protecting public freedoms (free- the prosecutor's offices and lawsuits vestigation and extradition. dom of expression, freedom of assembly, launched by the prosecutor's offices. NGOs status); The programme lawyers won thir- The deterioration of the situation teen cases in the ECHR in 2013-2014. • protecting from violence used/ sup- with human rights in Russia led to further ported by the state (police torture, use of prosecutors' “checks” in 2014 while These include abduction cases. 122 force against protesters) and by private courts in all of Russia's regions knowingly Chechen residents lodged complaints individuals; issued unlawful decisions declining NGOs about abductions of 49 of their relatives. e — Annual R The applicants say that their relatives • protecting LGBT protesters from lawsuits. tr violence; were abducted by the federal “siloviki". Three more NGOs joined the Euro- • preventing refusals to provide Russia's representatives at the ECHR did pean Court application against the anesthesia for critically ill patients; not deny it. The ECHR held the agents of Foreign Agents Law, which was an the state responsible for the fate of the • protecting against discrimination on important outcome of our efforts. ts Cen the ground of citizenship, ethnicity, sexual missing persons. The court found orientation, opinions, etc.; Memorial HRC lawyers prepared violations of the right to security and the lawsuits against the prosecutors' “checks” right to effective remedy. In addition, the • insisting on procedural rules to be on NGOs. Despite losing these lawsuits in Court found that the provision prohibiting followed, in particular where it concerns torture and inhuman treatment had been criminal investigations and investigation courts formally, e.g. checks on Memorial into administrative offences; organizations in Moscow and the Civic violated because relatives had been left Assistance Committee and the Public ignorant about their family members' • 'bringing the rights back home' cases Verdict offices, the trials can be seen as a fate. where the courts can use human rights moral victory because from a legal defense; The ECHR decision in 'Dobriyeva and standpoint the lawyers' arguments were Others v. Russia' points to the importance • standards that emerged as a result immaculate. of ECHR decisions, in particular where of investigation at initial stages. The case implementation of A complaint was drafted to the had once again demonstrated systemic • ECHR decisions is concerned. 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Mikhail Savva, Mikhail Kosenko, and the amnesty and the release of the 30 Objectives “Arctic Sunrise” crew. members of the “Arctic Sunrise” crew. • raising awareness in Russia and The number of political prisoners As 2014 has shown, this trend was internationally that there are individu- on the Memorial HRC's list has grown not there to stay. In fact, it was coming als facing criminal prosecution for poli- considerably, reaching 70 individuals in to an end by February-March 2014 and tical reasons in the Russian Federation; the autumn of 2013 compared with less turned into its opposite when an • supporting individuals facing cri- than 30 in 2012. On the other hand, at aggressive foreign policy was accom- minal prosecution for political reasons the end of 2013 the authorities made panied by an attack on democratic in the Russian Federation; several concessions to the public. institutions and growing repression, • helping civil society activists in Political repression weakened in including the one in Crimea, a territory cases of persecution relating to their December 2013 and January 2014 on annexed from Ukraine. the eve of the Sochi Olympic Games. An civil rights activism; By the end of 2014 Memorial's amnesty was announced; although political prisoners list grew to include • attracting public attention to such partial and insufficient, it put an end to 45 people. It is important that some cases. criminal prosecution of the “Arctic individuals, who were most likely Sunrise” crew members, the release of Methods deprived of freedom for political “Pussy Riot's" Maria Alekhina and Na- The programme caries out mo- reasons, are not on the list yet, and dezda Tolokonnikova, several suspects nitoring of all cases of politically Memorial is still doing research into the and those accused in relation to the motivated criminal prosecutions as well circumstances of their cases. Ad- 'Bolotnaya Square' case, and a number as persecution of civil rights activists. mittedly, there were rare examples of others persecuted for political when prisoners were released from The programme offers detailed reasons. Mikhail Khodorkovsky was custody. However, the releases only and well-organized information con- released, while Platon Lebedev's happened following major public cerning victims of politically motivated sentence was reviewed and he was campaigns that were in danger of criminal prosecution as well as of civil released on parole. Daniil Konstanti- seriously damaging the authorities' eport society activists who find themselves nov's case was sent back to the State reputation. Release was better option. under pressure from the authorities. prosecutor's office. The rapid reduction However, liberation in these cases did An important part of the pro- in the number of political prisoners to not mean being cleared of all charges. gramme is providing legal aid to those 40 in February 2014 is explained by the facing politically motivated criminal prosecution and to civil rights activists being subjected to repression for their views and beliefs. e — Annual R tr

Trends In 2013-2014 diverging trends

regarding politically motivated criminal ts Cen prosecution in Russia. On the one hand, the evidence suggests a quantitative and qualitative rise of political repression where quality refers to the blatant use of criminal prosecution against political opponents. The most glaring examples are the “Bolotnaya Square” case, the criminal proceedings opened against Alexei Navalny, Sergei Udaltsov and A participant of a street manifestation in support of Pussy Riot, March 2013. Leonid Razvozyaev, Daniil Konstantinov, Foto by Evgeny Feldman.

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Arrest of Alexander Makarov near Zamoskvaretsky Court in Moscow on the day of verdict for four prisoners ts Cen of 'Bolotnaya case' was announced. Foto by Evgenia Miheeva.

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 22 Memorial Human Righ 2013/2014Этот материал выпущен МООПЦ"Мемориал", который внесенвреестр, предусмотренный ст.13.1.10 ФЗ"ОбНКО". Мыобжалуемэто решение. Programmes of Memorial Human Rights Centre of of sis assembly fr tions; nit about a t h possible an has Mosc Nov t able c ev on penit possible a s project major R D m ainees h t o v o g i eedom e at e ailable e g en assembly l y ofRussia'sr viola oring; t e and c l monit

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t with a r t l h t ally d the the ent g v g i s h c u zh es or or er i o in in is f e e s - , , 23 Trials: What's Special rings, Marches, and Pickets of 2012) number of the Duma MPs. While the forms the framework for further legi- Constitutional Court held that the law Not all those detained at political slation concerning freedom of assemb- was not in violation of the Russian events reach the stage where they are ly. The law had a major influence on the Constitution, it did request that the charged with committing offences. changes made to that legislation in State introduces amendments that may Some of the detainees are released 2013-2014. soften some of the provisions in the after having spent some time at the law. police station and no formal police Major amendments envisaged by record, or protocol, is drafted. The the law were aimed at: extending a list The Court deemed unconsti- charge most frequently used against of violations that lead to punishment tutional the accountability of rally participants in public events is the one (prohibition for participants in public organisers for actions committed by from Article 20.2 of the Russian Code on events to cover their faces or to damage other event participants. The Court also Administrative Offences (Violation of trees, lawns, flowers, etc. at the venue); said that the minimum fine level Established Procedures of Organizing increasing fines for violations of the envisaged in the law was too high and Rallies). In addition, Article 19.3 of the Rally Law, with a minimum fine set at a had to be lowered. As to the “Hyde same code (Showing Defiance towards high level; narrowing the range of pos- Parks”, the Court said that these de- Police Officers) is widely used. Other sible rally organizers while simulta- signated areas were to be created in articles used less frequently include neously strengthening their accoun- every city or town. While the law was Article 20.1 (Disorderly Conduct) and tability, including for acts committed being finalized at federal level in 2013, Article 20.2.2 (Organization of an not by the organizers themselves but by its introduction began at regional level, Unsanctioned Public Event). other participants; extending the with the local authorities tasked with powers of the police. A new type of a choosing a definition for “single Starting from January 1, 2013, public event emerged in the law, “a picketing” and the rules for local “Hyde administrative offences covered by simultaneous mass presence or Parks”. Article 20.2 of the Administrative movement of persons in public places”. Offences Code have been handled by New strict measures were intro- It is now forbidden to let people know district courts and not by magistrates' duced into Article 20.2 of the Code on that an event is coming before the local courts, an innovation that failed to Administrative Offences (Violations authorities have given their consent to bring about any significant improve- during Rallies”). Administrative arrest the event. The law also decreed that ment. Widespread procedural viola- for up to 20 days was introduced designated areas are to be created in tions and abuses of detainees' rights (Summer 2014) for violations com- cities and towns to “collectively discuss that were detailed in the OVD-Info mitted during public events. It is illu- topical public issues and give room for project's research into legal procedures minating to compare that arrest term expression of the attitudes of the in magistrates' courts in 2012 were with an earlier one where the law masses” (these areas were immediately repeated in 2013, with the only dif- envisaged up to 15 days in custody for dubbed “Hyde Parks” by the media). ference that they were now happening carrying out, without the authorities' Also, the legitimacy of regional in district courts. The violations in ques- consent, public events in the nuclear authorities to define local rules for tion included unsubstantiated refusals sites neighborhood. A new form of public events was extended. to accept motions, and relying wholly punishment was added for committing upon police records and witness The new law came into force in a second violation of the rules — either reports, which contribute to the the mid-2012, but it was not until 2013 a fine ranging from 150,000 to 300,000 producing of guilty verdicts. that the legislation emerged in its final Russian roubles (at that time approx. form. The most important change in 5,000 – 10,000 USD) or an arrest for up Legislation Concerning Freedom eport 2013 came as a result of the February to 30 days in custody. Moreover, new of Assembly 2013 Constitutional Court ruling on the rules approved in July 2014 state that if The basic law, the so-called “Law application lodged by writer and the court finds someone guilty of on Rallies” (Law on Meetings, Gathe- political activist Eduard Limonov and a violating Article 20.2 four times, criminal proceedings might be instigated against the person under the newly introduced Article 212.1 of the Russian Criminal Code (up to five years in jail). e — Annual R

Legal aid tr OVD-Info project began coordinating legal support for detainees in the courts in 2014, in collaboration with lawyers from the Memorial Human ts Cen Rights Centre, Public Verdict Founda- tion, Jurix Lawyers and attorneys that received training in these organizations. As of now, OVD-Info project has handled over 120 court proceedings against those detained in Mos- cow on February 21 and 24, 2014, and March 2, 2014. Ninety nine of those Supporters of the four prisoners of 'Bolotnaya case' hold a banner cases concerned alleged violations of 'Russia is not a Prison' near the court building on the day of verdict. Article 20.2 of the Administrative Foto by Evgenia Miheeva. Offenses Code.

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Memorial's list of political repression Constant features of the pro- The Central Asia programme was victims in Uzbekistan for the last 15 gramme were asylum consultation to founded in 1999 after the launch of years numbers over 7,500 names and refugees from Central Asia, monitoring mass-scale political repression in includes only the people who could be of attempts of forced repatriation of Uzbekistan. Memorial HRC is the only identified. Further 1,450 missing refugees from the CIS countries, Russian human rights organization that persons are being searched for inter- preparation of letters to the UNHCR and has continually been working in Central nationally. Programme activities have migration services. Applications on Asia. continued, despite increasing difficulty those issues increased dramatically in Objectives in obtaining information from Uzbe- 2013–2014, with those in the Moscow kistan. Memorial's research allowed us region totaling 60. Progamme staff Monitoring of political and to discover a widespread practice of helped with applications from Central religious persecution in post-Soviet fabrication of criminal investigation Asia migrants who have limited Central Asian states; aiding the defence against labour migrants from Uzbe- command of Russian. of refugees arriving from the region. kistan who are often charged with Programme representatives have Methods creating “extremist communities” in traditionally participated in annual Russia and other countries. In 2014 OSCE consultations on Human Dimen- Monitoring of human rights programme monitoring also described abuses through interviews conducted sion. During the latest meeting in the specifics of the situation in the autumn 2014, the programme leader, both inside and outside the region; Karakalpakstan republic in Uzbekistan, collecting documents (court decisions, Vitaly Ponomaryov, called on the OSCE which arose from an active movement and other international organizations complaints, etc.) in several languages; for the republic's independence. research into media reports; co- to launch monitoring of the situation operating with partner organizations In 2013-2014, programme staff with Central Asia refugees in the CIS and activists. continued to monitor the situation in countries. He suggested that they the south of Kyrgyztan that saw large- should be regarded as a special high- The programme reports are scale inter-ethnic clashes in June 2010. risk group that faced specific threats. distributed via Memorial HRC chan- The Programme plans to pour more eport nels, the internet and other mass media efforts into the work in that region. focusing on Central Asia, including Media Profile In autumn 2013 Memorial resu- Radio Liberty Central Asia language med its work on Turkmenistan, one of January 23, 2013 Ferghana news services, Ferghana.ru website, regional the most closed countries in the world. agency news agencies and websites. The Memorial programme has co- Memorial Human Rights Centre operated with an international hu- on Possible Extradition of Uzbek Imam manitarian campaign, ‘Prove They Are from Kyrgyzstan

Alive!’, aimed at uncovering the truth e — Annual R about the fate of tens of political On January 28, 2013, the Bishkek tr Major outcomes prisoners who disappeared in Turkmen City Court is to hear a motion submitted prisons under Saparmurat Niyazov. by Attorney Toktogul Aby'ev. The The programme's main objectives document concerns possible extradition in 2013-2014 were monitoring of Russian and Western NGOs take part in the campaign that includes work with to Uzbekistan of an Uzbek national human rights violations in the course of ts Cen international organizations, relatives named Khabibullo Sulaymanov who combatting terrorism/extremism in was arrested by Kyrgyz State Security Central Asia and defending the human and friends of the missing persons, and research on “special prisoners” in Committee in Bishkek on October 6, rights of refugees arriving from the 2012. Sulaymanov's case is a classic region. Turkmenistan. In 2014, the programme contributed to the two reports that example of religious persecution, In 2014 lists of politically-moti- were issued as part of the campaign. In Moscow-based Memorial Human vated criminal prosecutions in Uzbe- addition, the programme recorded a Rights Centre says: If the attempt to kistan in 1998-2010 were updated, an detailed interview with a former extradite Sulaymanov to Uzbekistan analytical review was compiled, and prisoner of the Ovadan-Depe secret succeeds, the former Imam will face lists for 2011-2014 made available that prison who had managed to escape torture and imprisonment on fabricated include over 460 names. All in all, from Turkmenistan. extremism charges.

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 26 Memorial Human Righ 2013/2014Этот материал выпущен МООПЦ"Мемориал", который внесенвреестр, предусмотренный ст.13.1.10 ФЗ"ОбНКО". Мыобжалуемэто решение. Programmes of Memorial Human Rights Centre b gr c c p ar criminal mainly version e c and pre outside K i e persecutions held Osh agency i 2005 n n r o ven a n y a r i c owing ose fr d m e r m n m t r t g i e s s e t e e e m i p t, y p

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27 suggested a round table discussion be Media Profile March 6, 2014 Listok held with the participation of inde- Serzhan Svatov Found Guilty pendent experts and religious com- April 23, 2013 Kavkazkaya Politika munities and representatives of law Imam Serzhan Svatov's case has Arrest of “International Terrorist” enforcement agencies. No response reached Moscow where Memorial se- in Stavropol has yet been received. minar participants called on improving Stavropol law enforcement agen- Russian legislation. Persecution of Muslims who cies have reported that a native of study Said Nursî's books was one of the Tajikistan, Abdurakhim Toshmatov, was issues raised during the OSCE Human arrested. They call him “a dangerous November 18, 2014 Jarayon Dimension briefing in Warsaw (autumn terrorist.” Meanwhile, the wife of Mr. 2013). Unlawful use of anti-extremism Government propaganda in Toshmatov told journalists and human legislation featured in Istanbul at the Russia promotes Islamophobia – Vitaly rights activists that there were no conference and in an accompanying TV Ponomaryov grounds to suspect him of involvement programme organised by the Mazlum- in terrorism. Tens of refugees and migrants der human rights NGO (February 2014). from Central Asia were kidnapped in Both events were attended by Me- Russia in 2014. They later emerged in morial representatives. December 10, 2013 Kavkazskaya detention centres in the countries of The programme also prepared Politika their origin facing serious charges of motions relating to Russian Muslims violations of the so-called “religious” Thousands of Russians risk being who apply for asylum in foreign provisions of the local criminal codes. sentenced on charges of involvement in countries. terrorism Open letter to the Russian Presi- December 10, 2014 Listock dent by Svetlana Gannushkina and Imam Svatov's case, a typical Vitaly Ponomaryov. example of unlawful use of anti- extremest legislation – Memorial February 5, 2014 Listock A trial took place in the Altai Republic Supreme Court on December Alleged Extremists. Memorial on 9, 2014. It is the third attempt to hear a the case of Tablighi Jamaat in Altai cassation appeal in a criminal case Memorial HRC believes that the against former Kosh-Agach district criminal investigation opened in May imam Serzhan Svatov (the two previous 2012 clearly shows that allegations of appeals were turned down for formal “extremism” against local religious reasons). The court of the first instance leaders are frequently open to serious found him guilty of violating Part 1 of doubts. It also begs the question Article 282.2 of the Russian Criminal whether the Tablighi Jamaat movement Code (membership in an organisation was lawfully banned in Russia. that was earlier declared extremist by a court). eport e — Annual R Activists of 'Prove They Are Alive!' campaign tr ts Cen

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29 Finances 2013/2014

Amnesty International https://www.amnesty.org/en/

Civil Rights Defenders http://www.civilrightsdefenders.org/

French Embassy in Moscow http://www.ambafrance-ru.org/

National Endowment for Democracy http://www.ned.org/

The Norwegian Helsiki Committee http://nhc.no/en/

People in Need http://www.clovekvtisni.cz/en

British Embassy in Moscow https://www.gov.uk/government/world/organisations/british- embassy-moscow

Deutsch-Russisher Austaush http://www.austausch.org/

European Commission http://ec.europa.eu/index_en.htm

Open Society Foundations http://www.opensocietyfoundations.org/

Government of the Netherlands http://www.government.nl/ eport

Korean Embassy in Moscow http://rus-moscow.mofa.go.kr/worldlanguage/europe/rus- moscow/main/index.jsp

Royal Norwegian Embassy in Moscow http://www.norvegia.ru/Embassy/

UNCHR in Russian Federation http://www.unhcr.ru/ e — Annual R tr

EHRAC http://www.ru.ehrac.org.uk

Black Sea Trust for regional cooperation http://www.gmfus.org/civil-society/black-sea- ts Cen trust-regional-cooperation

Civil Dignity www.civildignity.ru/

Institute of Civil Society Problems http://inpgo.ru/

Front Line Defenders https://www.frontlinedefenders.org/ru/

Этот материал выпущен МОО ПЦ "Мемориал", который внесен в реестр, предусмотренный ст. 13.1.10 ФЗ "Об НКО". Мы обжалуем это решение. 30 Memorial Human Righ Почтовый адрес: Memorial Human Rights Centre Russia, Moscow, 127 051 Maliy Karetny Lane, 12,

Tel: +7 (495) 225-3188 Fax: +7 (495) 699-1165 To subscribe to our newsletter, please, send a mail to the following Email: [email protected] address: [email protected] www.memohrc.org This report was prepared by Yulia Orlova and Anton Lysenkov Facebook: www.facebook.com/hrcmemorial Translation: Mary McAuley Twitter: hrc_memorial Editor: Pavel Dmitriev Livejournal: http://hrcmemorial.livejournal.com/