Landmark decision expected in ADC “Memorial” case

This demand of the prosecutor is unprecedented as for the first time thecourt would directly label an NGO a “foreign agent”, and would not just orderit to register as such. If satisfied, this decision will pave the way toincreased harassment of human rights organisations.

Following the introduction of the law on 'foreign agent' in spring 2013,hundreds of NGOs have been inspected by prosecutors. These inspections resultedin further unprecedented harassment: as of December 2013 two NGOs have beensuspended, at least 11 have been taken to court, and dozens have receivedofficial notices of violations or warnings not to violate the law.

ADC “Memorial” was first taken to court in April 2013 over the reportsubmitted back in November 2012 to the UN Committee Against Torture (CAT),which supposedly proves, according to the prosecutor, its involvement inpolitical activities and its function as a “foreign agent” as it receivesforeign funding.

On November 5, 2013, the prosecutor contested a court decisionfavourable to ADC “Memorial” in a previous administrative case. In a protestsent to the City Court of Saint Petersburg he went beyond the report submittedto the CAT and claimed that “due to the constant nature of the activities ofADC “Memorial”, it can be concluded that the offence it committed has a lastingcharacter” and is “inseparable from all other types of its activities”.

“In short, theprosecutor now claims that all the activity of ADC Memorial is unlawful and soquestions its very existence as a human rights organisation”, said Karim Lahidji, FIDH President. “The international community shouldobserve the December-12 hearing against ADC Memorial and give it an appropriateassessment”, he added.

“ADC Memorial is not a foreign agent, neither are the othertargeted NGOs. These trials only aim to impeach and undermine their legitimateactivities”, said OMCT Secretary General Gerald Staberock. “We call upon the Russian authorities to put an end to this escalatingharassment of NGOs. Ultimately,human rights are in the national interest of any democratic State”,he added.

Moreover, on November 26, 2013 the Kirov District Court of Saratovordered the Centre for Social Policy and Gender Studies to register as a“foreign agent”, in similar civil proceedings. The prosecutor, acting in the“interest of the Russian Federation”, argued that the Centre engaged inpolitical activities for which it had received foreign funding, after theCentre published a book entitled “Critical analysis of the social policy in thepost-Soviet space” and organised a follow-up event. This is the first suchcourt decision issued in a civil process under the law on “foreign agents”. TheCentre will appeal the decision.

Background information

ADC “Memorial” faces two cases: administrative and civil. In both casesthe prosecutor argues that ADC Memorial is a foreign agent as in November 2012it submitted a report to the CAT entitled “Roma, migrants, activists: victimsof police abuse”.

The civil case is based on Article 45, part 1 of the Code on CivilProcedure, which allows the prosecutor to turn to the court on behalf of an“unspecified group of citizens”. The prosecutor argues that by failing toregister as a “foreign agent”, ADC “Memorial” broke the law and continues tomislead this “unspecified group” about its activities.

The administrative case against ADC “Memorial” was lodged by theprosecutor in April 2013 and was rejected in May 2013 by the Mirovoy Court no.8 of St Petersburg. The court found that the evidence brought by theprosecutor’s office was inconclusive and insufficient to prove that the ADCMemorial was a “foreign agent”. All the appeals and “protests”[2] ofthe prosecutor were likewise rejected. The court stipulated that there were nolegal grounds for the very inspection of ADC Memorial's premises in the springof 2013.

In Russia administrative processes can only concern offences committedwithin the past three months, so the case of ADC “Memorial” is already longexpired. Despite this, on November 5, 2013, the prosecutor lodged a new“protest” to the City Court of SaintPetersburg, where he demands that the court cancel the decision of the DistrictCourt.

For more information,please contact:

· FIDH: Arthur Manet/Audey Couprie: + 33 (0) 1 43 55 25 18

· OMCT: DelphineReculeau: + 41 (0) 22 809 49 39

[1] A joint programme ofthe International Federation for Human Rights (FIDH) and the World OrganisationAgainst Torture (OMCT).

[2] A "protest" is another way in which a prosecutor can appealdecisions, including decisions of courts in administrative cases.