What's At Stake?
Russian Human Rights Group Faces Closure

 

04/05/06

In the atmosphere of heightened global concern about the threat of terrorism following the September 11, 2001 attacks in the United States, Russian Federation authorities stepped up pressure against those who criticize its policies in Chechnya and the North Caucasus.  One of the first modifications made to Russian legislation on counter-terrorism after the 2001 attacks was the 2002 law "On Countering Extremist Activities."

The law prohibits extremist propaganda or displays of extremism, calls to extremist activity, or financial or other support for extremist activities.  It also prohibits mass distribution of any materials that cause extremist activity.  Under the law, extremism is defined broadly to include: terrorism, Nazism, armed unions, and provocation to racist, nationalist, or religious dissention.  The broad language of the new law has been criticized by authoritative international bodies like the U.N. Human Rights Committee and the U.N. Committee on the Elimination of Racial Discrimination.

If a court finds that an organization's activities fit the broad definition of "extremist," the organization is liquidated immediately. Subjecting human rights organizations to this law violates their right to freedom of association provided for under binding human rights treaties like the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

In July 2004, the prosecutor's office in Ingushetia brought a civil action against the Chechen Committee for National Salvation (CCNS) for violating the law "On Countering Extremist Activities."  CCNS was created and registered in March 2001 by Chechen refugees living in the region of Ingushetia in southern Russia.  The primary goal of the organization is to distribute information about the human rights situation in the context of the second Chechen war, which began in 1999.  Since then, the organization has put out a number of press releases and statements that describe serious human rights abuses committed by Russian government forces in the region.

Among the evidence considered by the Nazran, Ingushetia court in September 2004, was an expert opinion by the Independent Council of Legal Expertise, a renowned group of prominent Russian lawyers.  The Independent Council reviewed the press releases - at the request of Ruslan Badalov, the head of the CCNS - and found them to be free of extremist content.  On October 25, the Nazran court found that CCNS had not violated the "Law on Countering Extremist Activities" and dismissed the case against the organization.

The prosecutor's office appealed to the Supreme Court of Ingushetia.  On February 3, 2005, when hearings were set to commence, Badalov received word that his mother had died.  His lawyer immediately went to the court and requested a continuance so that Badalov could attend his mother's funeral, and the court granted it.  However, on February 10, while Badalov was still away, the court went ahead with the hearings without notifying CCNS, Badalov, or his attorney.  This demonstrated that basic procedural protections were not afforded the human rights group in these critical proceedings.  In its decision, the Supreme Court overturned the lower court's decision based on what appears to Human Rights First to be a misapplication of the law, and remanded the case for de novo proceedings.

On April 27, 2005, the Chechen Committee for National Salvation, was scheduled to begin a new set of hearings at the Nazran court.  But the court issued a postponement, the first of many that have ensued.  According to Badalov, it was the support and concern shown by the international community and members of Human Rights First's Defender Alert Network that have prevented the swift closure of the organization.

On March 27, 2006, Badalov's lawyer received notice that a hearing would take place on April 11.  The court will issue its decision based on expertise delivered by a government-affiliated specialist.  The expert's opinion states that no evidence of extremist content was found in the press releases.  However, in response to several other questions - including concerning the possibility that the press releases incited national hatred - the expert issued no conclusions.  Human Rights First is therefore concerned that even if the Nazran court once again dismisses this case, the Federal Security Bureau and prosecutor's office may initiate a criminal prosecution against Badalov on the basis of the same law that was used to convict Stanislav Dmitrievsky of the Russian Chechen Friendship Society of "inciting ethnic hatred."

Human Rights First believes that the prosecutor's office is targeting CCNS because of its reporting on human rights abuses in the context of the Chechen conflict.  The Russian government should stop using legislation intended to combat terrorism and extremism to obstruct the legitimate activities of human rights defenders.  The Nazran court should not close CCNS, and the Federal Security Bureau and the prosecutor's office should not use criminal counter-extremism laws to prosecute Mr. Badalov.  Russian authorities should stop branding human rights defenders like Mr. Badalov and Mr. Dmitrievsky as extremists, and end its campaign against all human rights defenders in Russia.


 
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