Twelve Russian NGOs were present during the review of the Russian Federation. The HR Committee also paid attention the fact that extremist laws are used to target organizations and individuals critical to the Government and reiterated their recommendation to revise the law to combat terrorism.

Joint NGO briefings

Ane Bonde and Florian Irminger from the HRHF, Ljudmila Alpern from the Moscow Centre for Prison Reform, and several representatives from other Russian NGOs were present throughout the review of the Russian Federation at the Human Rights Committee. Numerous NGOs have presented their reports and two joint NGO briefing for the members of the Human Rights Committee took place, coordinated by the International Federation for Human Rights, the CCPR Centre and the Human Rights House Foundation. Representatives of the following organisations took part in the meetings: Center for the Development of Democracy and Human Rights; Public Verdict Foundation: SOVA Centre for Information and Analysis; Human Rights Watch, the Russian Federation; Moscow Prison Reform Committee (Russian Research Center for Human Rights); International Commission of Jurists; International Federation for Human Rights, FIDH; ARTICLE 19, Global Campaign for Free Expression; the Chechen Republic Civil Society Forum; Mental Disability Advocacy Centre; International Research Centre for Social Minorities; IDAHO Committee.

Freedom of opinion and expression

Many journalists and human rights defenders have been murdered, arrested, prosecuted, charged with, or sentenced to fines and/ or prison terms in relation to their professional activities. This shows, that the position of journalists in the Russian Federation is extremely vulnerable. However, the Russian Federation denies any correlation between the detentions etc. of journalists and human rights activists and their professional activities.

The Committee voiced its concern at the alarming incidence of threats, violent assaults and murders of journalists and human rights defender in the Stat party. The Committee is also concerned that the application of the Mass Media Act as well as the arbitrary use of defamation laws has served to discourage critical media reporting on matters of valid public interest, adversely affecting the freedom of expression. Thus, the Committee recommends, “the State party is urged to: a) take immediate action to provide effective protection to journalists and human rights defenders (…) and b) ensure the effective investigation, and, when appropriate, prosecution (…). Furthermore the Committee recommends, “the State party should ensure that journalists can perform their profession without fear of being subjected to prosecution and libel suits for criticizing government policy or government officials.”

Reform of the Penal System

The Russian penal system needs to be reformed urgently. There is a new federal initiative to reform it. The danger is that instead of transition from group penalty to individual penalty, the reform will just lead to technical removing of the convicted persons from colonies to narrow cells. This would in fact be a deterioration of the situation.

The Committee welcomed the reform of the penal system, but it remains concerned in its Concluding Observations “about the overcrowding in prisons, which continues to be a problem in some areas.” Thus, the Committee recommends, “the State party should continue to take measures to improve conditions of detention of persons deprived of their liberty through its Federal Special-Purpose Programme, particularly in relation to the problem of overcrowding in prisons, with a view to achieving full compliance with requirements of article 10.”

Federal Law on Combating Extremist Activity

The extremism laws are often used to target organizations and individuals critical of the Government and frequently impair the rights and freedoms of citizens. The Federal Law on Combating Extremist Activity may be used to close any unwanted organization or political party.

The Committee has reitarated its previous recommendation “that the State party should revise the Federal Law on Combating Extremist Activity with a view to making the definition of “extremist activity” more precise.

Abuse and killing of civilians by military in the Chechen Republic and other parts of the North Caucasus

The Committee stated in its Concluding Observations that it “is concerned about ongoing reports of torture and ill-treatment, enforced disappearance arbitrary arrest, extrajudicial killing and secret detention in the Chechen Republic and other parts of the North Caucasus committed by military, security services and other state agents, and that the authors of such violations appear to enjoy widespread impunity due to a systematic lack of effective investigation and prosecution.” The Committee thus recommends that the State party should “ implement fully the right to life and physical integrity of all persons on its territory and should (…) take stringent measures to put an end to enforced disappearances (…), ensure prompt and impartial investigations (…) and prosecute perpetrators and ensure that they are punished.”

Torture and cruel, inhuman or degrading treatment

Last year, the Federal Law on Public Control over places of forced detention was passed. Under this law, Public Supervising Committees were established in various regions of the Russian Federation. These Committees are empowered to visit places of forced detention. The problem is that these Committees still do not exist in all the regions and that in many cases they cannot work properly because of lack of finance and experience.

The Committee welcomes the adoption of the aforementioned Federal Law, but it states “with concern the lack of a functioning national system.” Therefore, the Committee recommends to the State party to “take all necessary measures for a fully functioning independent human rights monitoring body to review all places of detention (…), ensuring regular, independent, unannounced and unrestricted visits to all places of detention, and to initiate criminal and disciplinary proceedings against those found responsible.”

Federal Commissioner for Human Rights (Federal Ombudsman)

Although there has been a Federal Constitutional law “On Federal Ombudsman of Russian Federation” since February 1997, the recommendations of the Federal Ombudsman are not always duly implemented. The Federal Ombudsman does not have any power to initiate laws, nor does he have the right to invite international election observers.

The Committee recommends in its Concluding Observations that the State “should strengthen the legislative mandate of the Federal Commissioner for Human Rights and the regional ombudsmen and provide them with additional resources, so that they may be in a position to fulfil their mandate efficiently.” 

Death penalty

Several Russian NGOs would like to have a prolongation of the moratorium on execution of death sentences, which will end next year, even if Russians public opinion still opposes the abolition of death penalty as the Government argues.

The Committee notes in its Concluding Observations with concern that the “moratorium on the execution of death sentences in force since 1996 (…) will expire in January 2010.” Thus, the Committee recommends “the State party should take the necessary measures to abolish the death penalty de jure, at the earliest possible moment, and consider acceding to the Second Optional Protocol.”

The Russian Government will have to implement the recommendations of the Committee and publish a follow-up report on the implementation of these recommendations one year after the publication of the Concluding Observations. The NGOs can do so to!

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