Russia
15.07.13
Urgent Interventions
Ongoing judicial harassment against Mr. Andrey Yakimov
New information
RUS 009 / 1112 / OBS 109.1
Continued judicial harassment
Russian Federation
July 15, 2013
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in the Russian Federation.
New information:
The Observatory has been informed by reliable sources about the ongoing judicial harassment against Mr. Andrey Yakimov, a staff member of Anti-Discrimination Centre “Memorial” (ADC Memorial), following his arrest in November 2012 for organising a peaceful rally in commemoration of the anniversary of the death of a young antifascist activist in November 2005.
According to the information received, on July 3, 2013, Mr. Andrey Yakimov received a letter dated June 21, 2013, informing him that the Deputy City Attorney of Saint Petersburg appealed the decision to drop charges he faced after his participation in the above-mentioned rally on November 13, 2012.
On January 21, 2013, the Court 210 of the Central District of St. Petersburg ruled that the charges against Mr. Yakimov had to be dropped, after it was confirmed that the number of participants in the peaceful rally organised by the latter on November 13, 2012 had not exceeded 20 persons (see background information). On February 8, 2013, the Smoleninsk District Court rejected an appeal lodged by the 76th Police Station to challenge the January 21 decision.
Surprisingly, more than five months later, on May 31, 2013, the Deputy City Attorney of Saint Petersburg requested that the February-8 decision be cancelled, invoking the violation of Article 30.1 of the Code of Administrative Offences (“The right to appeal in the case of administrative offence”) and that the case against Mr. Yakimov be transferred to the Smoleninsk District Court.
This new development could lead to further judicial harassment against Mr. Yakimov.
The Observatory strongly condemns the request of the Deputy City Attorney of Saint Petersburg to resume the case against Mr. Andrey Yakimov, which seems at merely sanctioning his human rights activities. Accordingly, the Observatory urges the Russian authorities to put an end to any act of harassment against him, including at the judicial level.
Background information:
On November 2, 2012, three individuals, including Mr. Yakimov, informed the prefecture that a peaceful rally would be held in Saint Petersburg, in accordance with the law[1], in commemoration of the seventh anniversary of the death of Timur Kacharava, a young antifascist activist who was stabbed to death on November 13, 2005. The said declaration mentioned the participation of 20 persons.
On November 8, 2012, they received the agreement of the municipal authorities.
On November 13, 2012, 15 persons reportedly attended this rally as participants. Other individuals only passed by to visit the spot where Timur Kacharava was murdered in 2005, in order to leave flowers. The only other persons present during the permitted period (5pm-7pm) were journalists, whose function was to cover the event and cannot be considered as participants. It is to be noted that, from the beginning of the commemorative rally, members of the police present were rude with some participants. It is to be further noted that one of the participants reportedly heard a policeman saying in his walkie-talkie that one of the organisers was detained, though at that time all participants who had planned to participate in the gathering were present at the specified location.
Finally, ten minutes before the official ending of the rally, while the participants started to head toward the underground station, a police officer stopped Mr. Andrey Yakimov and told him to stay with them for a few minutes in order to sign a document, enjoining him to sit in a police vehicle. However, as soon as Mr. Yakimov did so, the car left and took him to the police station. Once at the police station, a police file was opened, charging Mr. Andrey Yakimov for “exceeding the number of participants initially planned for a rally”, in contravention with Article 20.2 of the Code of Administrative Offences (“Violating the Established Procedure for Arranging or Conducting a Meeting, Rally, Demonstration, Procession or Picket”). Mr. Yakimov was finally released later on the same day.
In the police record, Mr. Andrey Yakimov insisted that no more than 20 participants were present at the rally. This information was confirmed later by witnesses in court. Moreover, it is to be highlighted that, on May 18, 2012, the Constitutional Court issued a resolution stating that the organisers of a rally could not be held responsible in case the number of declared participants would be exceeded. However, and despite the lack of evidence incriminating him, a first hearing was scheduled on November 14, 2012 before Court 209 (Mirovoy sud, 209 Uchastok), and the judge decided to postpone it to November 26, 2012 in order to call the police officers to testify as witnesses of the prosecution. On November 26, the police officers did no show up and the hearing was postponed. On December 24, another hearing took place where one of the police officers who had arrested Mr. Andrey Yakimov testified, mentioning that the protest took place peacefully and only seven people were holding banners in memory of Timur Kacharava. The hearing was then postponed to January 21, 2013.
Actions requested:
Please write to the authorities of Russian Federation, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Andrey Yakimov as well as of all human rights defenders in the Russian Federation;
ii. Put an end to any act of harassment, including at the judicial level, against Mr. Andrey Yakimov as well as against all human rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;
iii. Comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:
- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”,
- its Article 5, which provides that “everyone has the right, individually and in association with others, at the national and international levels (a) to meet or assemble peacefully”;
- its Article 6 (b) and (c), which states that “everyone has the right, individually and in association with others [...] as provided for in human rights and other applicable international instruments, 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 law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,
- and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
iv. Comply with the provisions of the Declaration of the Committee of Ministers of the Council of Europe on the protection of human rights defenders and the promotion of their activities, and in particular With Article 2.i), in which the Committee calls on member States to “create an environment conducive to the work of human rights defenders, enabling individuals, groups and associations to freely carry out activities, on a legal basis, consistent with international standards, to promote and strive for the protection of human rights and fundamental freedoms without any restrictions other than those authorised by the European Convention on Human Rights;;
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.
Addresses:
• Mr. Vladimir Putin, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation, Faxes: + 7 495 606 5173 / 630 2408
• Mr. Yurii Ya. Chaika, Prosecutor General, 15 A, Bolshaia Dmitrovka 125993 Moscow, Russian Federation, Fax: +7 495 692 17 25, Email: prgenproc@gov.ru
• Mr. Vladimir Kolokoltsev, Minister of the Interior, Ulitsa Zhitnaya, 16, 117049 Moscow, Russian Federation, Fax: + 7 495 637 49 25
• Mr. Alexander Konovalov, Minister of Justice, 14, ul. Zhitnaya, 119991 Moscow, Russian Federation. Fax: +7 495 955 59 99. Electronic appeals via website: http://minjust.ru/electronic-appeal/email
• Mr. Sergey Lavrov, Minister of Foreign Affairs, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Fax: + 7 495 644 2203
• Mr. Vladimir Lukin, Ombudsman of the Russian Federation, Tel: +7 495 607-19-22 / 607-34-67, E-mail: press-sl@ropnet.ru
• Mr. Mikhail Fedotov, Head of the Council under the President for development of civil society and human rights, Tel: +7 495 606-41-84, Fax: +7 495 606-48-55; E-mail: president-sovet@mail.ru; fedotov_MA@gov.ru
• H.E. Mr. Alexey Borodavkin, Ambassador, Permanent Mission of the Russian Federation to the United Nations in Geneva, Avenue de la Paix 15, CH-1211, Geneva 20, Switzerland, Fax: +41 22 734 40 44, E-mail: mission.russian@vtxnet.ch
• Ambassador Mr. Alexander Romanov, Embassy of the Russian Federation in Brussels, 66, avenue de Fre, Brussels, 1180 Brussels, Belgium. Fax: +32 2 374 26 13. E-mail: amrusbel@skynet.be
• Ambassador Mr. Alexander Alekseev, Permanent Representation of the Russian Federation to the Council of Europe, 75, allee de la Robertsau, 67000 Strasbourg. France. Fax: (+33) (0) 3 88 24 19 74, representationpermderussie@wanadoo.fr
Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.
***
Paris-Geneva, July 15, 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] They declared the said rally as individuals, and not on behalf of any specific organisation.
RUS 009 / 1112 / OBS 109.1
Continued judicial harassment
Russian Federation
July 15, 2013
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in the Russian Federation.
New information:
The Observatory has been informed by reliable sources about the ongoing judicial harassment against Mr. Andrey Yakimov, a staff member of Anti-Discrimination Centre “Memorial” (ADC Memorial), following his arrest in November 2012 for organising a peaceful rally in commemoration of the anniversary of the death of a young antifascist activist in November 2005.
According to the information received, on July 3, 2013, Mr. Andrey Yakimov received a letter dated June 21, 2013, informing him that the Deputy City Attorney of Saint Petersburg appealed the decision to drop charges he faced after his participation in the above-mentioned rally on November 13, 2012.
On January 21, 2013, the Court 210 of the Central District of St. Petersburg ruled that the charges against Mr. Yakimov had to be dropped, after it was confirmed that the number of participants in the peaceful rally organised by the latter on November 13, 2012 had not exceeded 20 persons (see background information). On February 8, 2013, the Smoleninsk District Court rejected an appeal lodged by the 76th Police Station to challenge the January 21 decision.
Surprisingly, more than five months later, on May 31, 2013, the Deputy City Attorney of Saint Petersburg requested that the February-8 decision be cancelled, invoking the violation of Article 30.1 of the Code of Administrative Offences (“The right to appeal in the case of administrative offence”) and that the case against Mr. Yakimov be transferred to the Smoleninsk District Court.
This new development could lead to further judicial harassment against Mr. Yakimov.
The Observatory strongly condemns the request of the Deputy City Attorney of Saint Petersburg to resume the case against Mr. Andrey Yakimov, which seems at merely sanctioning his human rights activities. Accordingly, the Observatory urges the Russian authorities to put an end to any act of harassment against him, including at the judicial level.
Background information:
On November 2, 2012, three individuals, including Mr. Yakimov, informed the prefecture that a peaceful rally would be held in Saint Petersburg, in accordance with the law[1], in commemoration of the seventh anniversary of the death of Timur Kacharava, a young antifascist activist who was stabbed to death on November 13, 2005. The said declaration mentioned the participation of 20 persons.
On November 8, 2012, they received the agreement of the municipal authorities.
On November 13, 2012, 15 persons reportedly attended this rally as participants. Other individuals only passed by to visit the spot where Timur Kacharava was murdered in 2005, in order to leave flowers. The only other persons present during the permitted period (5pm-7pm) were journalists, whose function was to cover the event and cannot be considered as participants. It is to be noted that, from the beginning of the commemorative rally, members of the police present were rude with some participants. It is to be further noted that one of the participants reportedly heard a policeman saying in his walkie-talkie that one of the organisers was detained, though at that time all participants who had planned to participate in the gathering were present at the specified location.
Finally, ten minutes before the official ending of the rally, while the participants started to head toward the underground station, a police officer stopped Mr. Andrey Yakimov and told him to stay with them for a few minutes in order to sign a document, enjoining him to sit in a police vehicle. However, as soon as Mr. Yakimov did so, the car left and took him to the police station. Once at the police station, a police file was opened, charging Mr. Andrey Yakimov for “exceeding the number of participants initially planned for a rally”, in contravention with Article 20.2 of the Code of Administrative Offences (“Violating the Established Procedure for Arranging or Conducting a Meeting, Rally, Demonstration, Procession or Picket”). Mr. Yakimov was finally released later on the same day.
In the police record, Mr. Andrey Yakimov insisted that no more than 20 participants were present at the rally. This information was confirmed later by witnesses in court. Moreover, it is to be highlighted that, on May 18, 2012, the Constitutional Court issued a resolution stating that the organisers of a rally could not be held responsible in case the number of declared participants would be exceeded. However, and despite the lack of evidence incriminating him, a first hearing was scheduled on November 14, 2012 before Court 209 (Mirovoy sud, 209 Uchastok), and the judge decided to postpone it to November 26, 2012 in order to call the police officers to testify as witnesses of the prosecution. On November 26, the police officers did no show up and the hearing was postponed. On December 24, another hearing took place where one of the police officers who had arrested Mr. Andrey Yakimov testified, mentioning that the protest took place peacefully and only seven people were holding banners in memory of Timur Kacharava. The hearing was then postponed to January 21, 2013.
Actions requested:
Please write to the authorities of Russian Federation, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Andrey Yakimov as well as of all human rights defenders in the Russian Federation;
ii. Put an end to any act of harassment, including at the judicial level, against Mr. Andrey Yakimov as well as against all human rights defenders in the Russian Federation, and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;
iii. Comply with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on December 9, 1998, especially:
- its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”,
- its Article 5, which provides that “everyone has the right, individually and in association with others, at the national and international levels (a) to meet or assemble peacefully”;
- its Article 6 (b) and (c), which states that “everyone has the right, individually and in association with others [...] as provided for in human rights and other applicable international instruments, 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 law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”,
- and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
iv. Comply with the provisions of the Declaration of the Committee of Ministers of the Council of Europe on the protection of human rights defenders and the promotion of their activities, and in particular With Article 2.i), in which the Committee calls on member States to “create an environment conducive to the work of human rights defenders, enabling individuals, groups and associations to freely carry out activities, on a legal basis, consistent with international standards, to promote and strive for the protection of human rights and fundamental freedoms without any restrictions other than those authorised by the European Convention on Human Rights;;
v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the Russian Federation.
Addresses:
• Mr. Vladimir Putin, President of the Russian Federation, Ilinka Str, 23, Moscow, 103132, Moscow, Russian Federation, Faxes: + 7 495 606 5173 / 630 2408
• Mr. Yurii Ya. Chaika, Prosecutor General, 15 A, Bolshaia Dmitrovka 125993 Moscow, Russian Federation, Fax: +7 495 692 17 25, Email: prgenproc@gov.ru
• Mr. Vladimir Kolokoltsev, Minister of the Interior, Ulitsa Zhitnaya, 16, 117049 Moscow, Russian Federation, Fax: + 7 495 637 49 25
• Mr. Alexander Konovalov, Minister of Justice, 14, ul. Zhitnaya, 119991 Moscow, Russian Federation. Fax: +7 495 955 59 99. Electronic appeals via website: http://minjust.ru/electronic-appeal/email
• Mr. Sergey Lavrov, Minister of Foreign Affairs, Smolenskaya-Sennaya pl, 32/34, 121200 Moscow, Russian Federation, Fax: + 7 495 644 2203
• Mr. Vladimir Lukin, Ombudsman of the Russian Federation, Tel: +7 495 607-19-22 / 607-34-67, E-mail: press-sl@ropnet.ru
• Mr. Mikhail Fedotov, Head of the Council under the President for development of civil society and human rights, Tel: +7 495 606-41-84, Fax: +7 495 606-48-55; E-mail: president-sovet@mail.ru; fedotov_MA@gov.ru
• H.E. Mr. Alexey Borodavkin, Ambassador, Permanent Mission of the Russian Federation to the United Nations in Geneva, Avenue de la Paix 15, CH-1211, Geneva 20, Switzerland, Fax: +41 22 734 40 44, E-mail: mission.russian@vtxnet.ch
• Ambassador Mr. Alexander Romanov, Embassy of the Russian Federation in Brussels, 66, avenue de Fre, Brussels, 1180 Brussels, Belgium. Fax: +32 2 374 26 13. E-mail: amrusbel@skynet.be
• Ambassador Mr. Alexander Alekseev, Permanent Representation of the Russian Federation to the Council of Europe, 75, allee de la Robertsau, 67000 Strasbourg. France. Fax: (+33) (0) 3 88 24 19 74, representationpermderussie@wanadoo.fr
Please also write to the diplomatic mission or embassy of the Russian Federation in your respective country.
***
Paris-Geneva, July 15, 2013
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] They declared the said rally as individuals, and not on behalf of any specific organisation.