From: MSN NicknameEagle_wng  (Original Message)    Sent: 3/17/2006 4:38 AM
Attacks on human rights defenders in Saint-Petersburg, Russian authorities guilty of negligence
http://www.fidh.org/article.php3?id_article=3100
Fact-finding mission report

Friday 3 March 2006

Publication of a fact-finding mission report

The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, issue today a fact-finding mission report entitled: Russian Federation: Attacks on human rights defenders, Russian authorities guilty of negligence.

This report is the result of a mission sent to Saint-Petersburg in June 2005, in the context of an increasing climate of hostility against human rights defenders, characterised by the multiplication, over the past two years, of physical attacks against them - including assassinations - and by numerous assaults on associations’ offices. This hostile atmosphere goes hand in hand with a growth in xenophobia, racism and anti-Semitism in Russia directed at foreigners and minorities, and, de facto, at the defenders of their rights.

This phenomenon, prevalent in Saint-Petersburg, not only comes from extremist groups but is also present within public administration departments, political and judicial institutions. As a consequence, the mission aimed at analysing the public response to these attacks, by making light upon the functioning of the law enforcement and administrative bodies, in order to understand the impunity enjoyed by the aggressors of human rights defenders. Indeed, the refusal to investigate into these violations often gives full permission to their authors. Likewise, the tendency to liken these offences against defenders to common law crimes, the judges’ timorousness, as well as the absence of protection for witnesses and experts contribute to this climate of impunity., In addition, this lack of protection leads the latter, in this context, to refuse to testify.

Besides, instead of guaranteeing their safety and creating favourable conditions to their activities, the Russian authorities, by means of defamation statements, fuel violations against defenders. Similarly, the new law entitled “Amendments to some Federal Laws of the Russian Federation”, adopted on December 23, 2005, imposes serious restrictions to freedom of association in Russia, and demonstrates a determination to marginalise and to strengthen the stranglehold on independent civil society (See Observatory Explanatory Note dated January 20, 2006).

Finally, defenders are increasingly excluded insofar as, at the last general elections, in December 2003, they lost the few political connections they had in the Duma. In addition, the press, which has been increasingly muzzled, no longer provides any outlet for their views.

In its recommendations, the Observatory urges the authorities of the Russian Federation to:

-  guarantee, in all circumstances, the physical and psychological integrity of human rights defenders and immediately stop any act of violence or harassment against them
-  ensure the protection of experts in cases related to minorities and to incitement to racial hatred, through, in particular, the establishment of a specific expert status. Comply, in that connection, with article 9.3 of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on December 9, 1998, according to which “ Everyone has the right to offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms”;
-  ensure the conduct of full and impartial investigations into cases of assassinations, attacks and harassment directed against human rights defenders, so as to identify the perpetrators of these offences, prosecute them and punish them according to the laws in force and this, in particular, pursuant to article 9.5 of the Declaration on Human Rights Defenders, according to which “The State shall conduct a prompt and impartial investigation or ensure that an enquiry takes place wherever there is reasonable grounds to believe that a violation of human rights or fundamental freedoms has occurred on any territory under its jurisdiction”;
-  end libellous statements, including official ones, on human rights defenders;
-  set up a remote protection system for the associations’ premises and the homes of defenders under threat and ensure that the public authorities defray the cost of this protection;
-  comply with the provisions of the Declaration on Human Rights Defenders and of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and uphold in all circumstances the principles and provisions enshrined in the international and regional human rights instruments ratified by the Russian Federation and which, in particular, guarantee freedoms of association, demonstration, expression and opinion, in particular the European Convention on Human Rights and the International Covenant on Civil and Political Rights.
Documents liés

(http://www.fidh.org/IMG/pdf/Russieangdef.pdf)
PDF - 933.3 kb
http://www.fidh.org/article_print.php3?id_article=3100