Judicial harassment against Mr. Igor Kalyapin

RUS002 / 0411 / OBS 057

Arbitrary arrest / Release

Judicial harassment

Russian Federation

April 4, 2011

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), requests your urgent intervention in thefollowing situation in the Russian Federation.

Description of the situation:

The Observatory has been informed by reliable sourcesabout the arbitrary arrest and judicial harassment against Mr. Igor Kalyapin,head of the Inter-Regional Committee Against Torture of Nizhny Novgorod.

According to the information received, on March 31,2011, Mr. Igor Kalyapin was arrested by the police alongwith other 53 peaceful protesters, at 6 p.m. at Freedom Square in the citycenter of Nizhny Novgorod. The arrests occurred during a public rally aiming atdefending and promoting the freedom of assembly guaranteed by Article 31 of theRussian Constitution, within the framework of the Strategy 31[1].

Mr. Igor Kalyapin was taken to the NizhnyNovgorod police station and detained for approximately 4 hours before beingreleased. During his custody, he was informed that he was charged of“participation in an unsanctioned demonstration”. The first hearing was plannedon April 1, 2011 before the Supreme Court of Nizhny Novgorod but was finallypostponed to an unknown later date.

The Observatory is deeply concerned about the ongoingattempts to hinder the right of the human rights defenders to freedom ofassembly. The Observatory also condemns the arbitrary arrest and judicialharassment against Mr. Igor Kalyapin and urges the Russian authorities to dropthe charges against him since they aim at sanctioning his human rightsactivities.

Actionsrequested:

Please write to the authorities of Russian Federation, urging them to:

i. Guaranteein all circumstances the physical and psychological integrity of Mr. IgorKalyapin as well as of all members of the Inter-Regional Committee AgainstTorture and all human rights defenders in the Russian Federation;

ii. Immediately and unconditionally dropthe charges pending against Mr. Igor Kalyapin as they arearbitrary and seem to only aim at sanctioning his human rights activities;

iii. Putan end to any act of harassment - including at the judicial level - against Mr.Igor Kalyapin as well as against all human rights defenders in the RussianFederation, and ensure in all circumstances that they are able to carry outtheir legitimate activities without any hindrance and fear of reprisals;

iv. Complywith the provisions of the United Nations Declaration on Human RightsDefenders, adopted by the UN General Assembly on December 9, 1998, especially:

- its Article 1, which statesthat “everyone has the right, individually and in association with others, topromote and to strive for the protection and realisation of human rights andfundamental freedoms at the national and international levels”,

- itsArticle 5, which provides that “everyone has the right, individually andin association with others, at the national and international levels (a) to meet or assemblepeacefully”;

- its Article 6 (b) and (c),which states that “everyone has the right, individually and in association withothers [...] as provided for in human rights and other applicable internationalinstruments, freely to publish, impart or disseminate to others views,information and knowledge on all human rights and fundamental freedoms and[...] to study, discuss, form and hold opinions on the observance, both in lawand in practice, of all human rights and fundamental freedoms and, throughthese and other appropriate means, to draw public attention to those matters”,

- and Article 12.2, whichprovides that “the State shall take all necessary measures to ensure theprotection by the competent authorities of everyone, individually and inassociation with others, against any violence, threats, retaliation, de factoor de jure adverse discrimination, pressure or any other arbitrary action as aconsequence of his or her legitimate exercise of the rights referred to in thepresent Declaration”;

v. Complywith the provisions of the Declaration of the Committee of Ministers of theCouncil of Europe on the protection of human rights defenders and the promotionof their activities, and in particular With Article 2.i), in which theCommittee calls on member States to “create an environment conducive to thework of human rights defenders, enabling individuals, groups and associationsto freely carry out activities, on a legal basis, consistent with internationalstandards, to promote and strive for the protection of human rights andfundamental freedoms without any restrictions other than those authorised bythe European Convention on Human Rights;;

vi. Moregenerally, ensure in all circumstances the respect for human rights andfundamental freedoms in accordance with the Universal Declaration of HumanRights and with international and regional human rights instruments ratified bythe Russian Federation.

Addresses:

· Mr.Dmitri Medvedev, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation, Fax:+ 7 495 606 5173 / 630 2408.

· Ministerof Internal Affairs, Mr. Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow,Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 637 49 25

· Ministerof Foreign Affairs, Mr. Sergey Lavrov, Smolenskaya-Sennaya pl, 32/34, 121200Moscow, Russian Federation, Telegram: Fax:+ 7 495 644 2203

· PermanentMission of the Russian Federation to the United Nations in Geneva Av. de laPaix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, Fax: +4122 734 40 44

· Embassyof the Russian Federation in Brussels, 31-33 boulevard du Régent, 1000Brussels, Belgium, Fax: + 32 2 513 76 49.

Please also write to the diplomatic mission orembassy of the Russian Federation in your respective country.

***

Paris-Geneva,April 4, 2011

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

Tocontact the Observatory, call the emergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0) 143 55 20 11 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0)22 809 49 39 / + 41 22 809 49 29

[1] The strategy 31 is a series ofcivic peaceful protests in support of the right to freedom of assembly inRussia. Since July 31, 2009, the protests are held in Moscow on the 31st ofevery month with 31 days. Each action undertaken in the framework of Strategy 31has been refused permission by the Russian authorities.