The arbitrary detention of Vladimir Kara-Murza and the systematic persecution of anti-war protesters in the Russian Federation and Belarus
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 17 April 2024 (11th sitting) (see Doc. 15967, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Thórhildur Sunna Ævarsdóttir). Text adopted by the Assembly on
17 April 2024 (11th sitting).
1. The Parliamentary Assembly is appalled
by the arbitrary detention of Vladimir Kara-Murza and the systematic
persecution of anti-war protesters in the Russian Federation and
Belarus.
2. In regard to the Russian Federation, the Assembly recalls
that judgments of the European Court of Human Rights concerning
events prior to February 2022 already demonstrated a severe repression
of the freedoms of speech, assembly and association, and the right
to liberty.
3. Beginning in March 2022, the Russian Federation rapidly adopted
a series of draconian amendments to the Criminal Code and the Code
of Administrative Offences to silence criticism of its illegal,
brutal, full-scale war of aggression against Ukraine. These legislative
amendments are not consistent with international human rights standards
and have effectively criminalised all forms of dissent against the
war and against the actions of the Russian military. These actions
form a part of Vladimir Putin’s systemic war on democracy.
4. One of the first victims of this repression was historian,
politician and winner of the 2022 Václav Havel Human Rights Prize,
Vladimir Kara-Murza. Mr Kara-Murza was arrested and detained on
11 April 2022. He was subsequently charged with “spreading deliberate
false information” about the actions of the Russian military in
Ukraine, “participating in the activities of an undesirable organisation”
and high treason. On 17 April 2023, Mr Kara-Murza was sentenced
to twenty-five years in prison.
5. Mr Kara-Murza narrowly survived two previous poisoning attacks
linked to the Russian authorities, which have had lasting negative
effects on his health. As a result of his pretrial detention, Mr
Kara-Murza’s polyneuropathy, caused by these poisoning attacks,
has deteriorated significantly. For the last six months, Mr Kara-Murza
has been held in complete solitary confinement in a cell, first
in a strict-regime prison colony and then in a Siberian “special-regime”
prison colony, the harshest grade in the Russian Federation’s penitentiary
system. Since September 2023 he has not received any medical treatment
and his polyneuropathy is slowly deteriorating.
6. There have been countless other examples of politically motivated
prosecutions in the Russian Federation against individuals who speak
out against the war. The most minor acts of peaceful speech or protest
can now incur hefty fines, detention and lengthy prison sentences.
There has been a significant rise in the number of political prisoners,
as defined by
Resolution
1900 (2012) “The definition of political prisoner”. In
Resolution 2446 (2022) “Reported
cases of political prisoners in the Russian Federation”, the Assembly
stated that there were 478 political prisoners in the Russian Federation.
The human rights organisation OVD-Info reports that there are now
over 1 000. The organisation reports that almost 20 000 people have
been detained for their anti-war stance in the Russian Federation
and the occupied territory of Crimea since February 2022.
7. Meanwhile, the Assembly notes that the anti-war movement in
the Russian Federation has not been eradicated. Instead, it has
gone underground. Russians who oppose the war have adapted their
activities to the current situation so that they can continue some
forms of anti-war dissent without exposing themselves to immediate
arrest and indefinite imprisonment.
8. The Assembly reiterates that the persecution of individuals
with an anti-war stance gives rise to multiple violations of the
European Convention on Human Rights (ETS No. 5), to which the Russian
Federation was still bound until 16 September 2022, and to breaches
of other international human rights treaties to which the Russian
Federation is party, such as the International Covenant on Civil
and Political Rights.
9. There has similarly been a widespread repression of anti-war
protesters in Belarus. Credible reports suggest that, against a
backdrop of generalised political repression in the country, more
than 1 600 people have been detained for their anti-war stance.
Most of these detentions occurred in the immediate aftermath of the
full-scale invasion when anti-war protests were brutally dispersed.
Subsequently, even the smallest expressions of sentiments against
the war have been met with prosecution, often through the application
of legislation on “extremism”, the terms of which violate international
human rights standards.
10. Many Belarusians have taken a stand through actions such as
disseminating information about military movements or infrastructure,
damaging railway tracks to prevent movement of military equipment
and personnel or sabotaging military installations. These actions
have been met with a manifestly disproportionate reaction, through
prosecutions under terrorism charges.
11. The Assembly is shocked by the numerous credible reports of
torture being inflicted upon individuals with an anti-war stance
in Belarus, alongside other repressive measures such as months in
punishment cells (without any blankets, clothes, books or amenities),
refusal of access to medicine and other forms of ill-treatment.
The use of incommunicado detention, whereby political prisoners
are completely cut off from the outside world, has become particularly
common. This is an incredibly cruel and inhumane practice, punishing not
only the prisoner but their loved ones too.
12. The Assembly draws a distinction between, on the one hand,
the Governments of the Russian Federation and Belarus and, on the
other, the people of these two countries. In this respect, it expresses
its solidarity with the many Russians and Belarusians who speak
out against the war of aggression, recognising that they do so in
a context of severe repression and that they risk serious personal
consequences.
13. The Assembly therefore calls on the Russian Federation and
Belarus to:
13.1 cease the threats,
intimidation and prosecution of individuals who have been targeted
due to their anti-war stance, and ensure the immediate release of
those who are in detention;
13.2 pending their release, ensure that the conditions of detention
of all such prisoners are compliant with international human rights
law (including access to adequate medical care and contact with
their lawyers, families and others);
13.3 ensure that prisoners are not subjected to torture or
ill-treatment, that any such allegations are investigated promptly
and effectively and that perpetrators are prosecuted;
13.4 reverse the measures taken against media and civil society
organisations that have been subjected to closure, liquidation,
website blocking or registration as “foreign agents” or “undesirable organisations”
as a result of perceived anti-war activities;
13.5 repeal the laws enacted with the purpose of repressing
anti-war sentiment;
13.6 implement relevant recommendations and decisions issued
by international organisations of which they are members, such as
the United Nations and the Organization for Security and Co-operation in
Europe, and human rights treaty bodies which are competent to deal
with individual communications against them.
14. Furthermore, the Assembly calls on the Russian Federation
to:
14.1 adopt without delay effective
general measures to address the structural and systemic problems identified
by the European Court of Human Rights and the Committee of Ministers
of the Council of Europe with regard to freedom of assembly, freedom
of expression, freedom of association and the right to liberty in
the Russian Federation, including by repealing or amending relevant
legislation, such as the laws on “foreign agents” and “undesirable
organisations” and those designed to censor discussion about the
war in Ukraine;
14.2 in accordance with the decision of the Committee of Ministers
in the Navalnyy and Ofitserov group
of cases at its 1492nd (Human Rights) meeting held in March 2024,
ensure the release of all prisoners currently detained in the Russian
Federation whose detention constitutes an abuse of power and is
a means of silencing them and deterring other critics of the regime
from protesting or speaking out;
14.3 co-operate with the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
as long as the Russian Federation remains a Party to the European
Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (ETS No. 126), thereby allowing for the
monitoring of the reported political prisoners’ state of health, conditions
of detention pending their release and allegations of torture and
ill-treatment.
15. The Assembly further recalls that the Russian Federation refuses
to pay just satisfaction awarded by the European Court of Human
Rights for both individual and interstate cases. The Assembly resolves
to explore other possible avenues to secure the payment of such
awards, and calls on member and observer States, as well as the
European Union, to do the same.
16. Noting the need to provide the Russian and Belarusian anti-war
movements with greater recognition and support, the Assembly calls
on member and observer States of the Council of Europe to:
16.1 publicly highlight the continuation
and ongoing work of the Russian and Belarusian anti-war movements;
16.2 implement programmes of international solidarity with
the Russian and Belarusian anti-war movements, including by organising
events, conferences and round tables, promoting media coverage and
academic research and supporting artistic endeavours;
16.3 explore further steps to provide information to the Russian
population by cutting through the Kremlin’s information blockade,
including by providing:
16.3.1 a welcoming environment for
independent Russian news outlets, including their registration as
legal entities and the facilitation of their ongoing work;
16.3.2 any necessary financial support to independent Russian
news outlets;
16.3.3 facilitation of the entry and stay of independent Russian
journalists and social media influencers;
16.3.4 financial and other support to Russian anti-war social
media influencers;
16.3.5 free and stable virtual private networks (VPNs) for the
Russian population;
16.4 support Russian and Belarusian civil society organisations
located abroad in their efforts to legally and financially support
anti-war protesters within the Russian Federation and Belarus;
16.5 prevent businesses from refusing to supply goods and services
to independent Russian and Belarusian civil society organisations
supporting anti-war causes or the defence of human rights, by enforcing
relevant national laws and regulations and/or strengthening them
as necessary;
16.6 prevent the application of international sanctions to
independent Russian and Belarusian civil society organisations supporting
anti-war causes or the defence of human rights, including financial
and banking sanctions.
17. Alarmed by the dire conditions of imprisonment of Vladimir
Kara-Murza and other individuals detained for their anti-war stance,
the Assembly calls on:
17.1 member
and observer States of the Council of Europe to deploy diplomatic
efforts to secure the release of political prisoners in the Russian
Federation and Belarus who have opposed the war of aggression against
Ukraine, prioritising Vladimir Kara-Murza and others who have serious
health conditions;
17.2 member and observer States of the Council of Europe to
pursue prisoner exchanges in order to obtain the release of political
prisoners in the Russian Federation and Belarus who have opposed
the war of aggression against Ukraine, prioritising Vladimir Kara-Murza
and others who have serious health conditions (noting in particular
the potential role of Germany, the United Kingdom and the United
States of America);
17.3 the United States of America to recognise Mr Kara-Murza
as a “wrongfully detained person” under the Levinson Act, with a
view to intensifying the activities of the Government of the United
States to secure Mr Kara-Murza’s release.
18. The Assembly calls on member and observer States of the Council
of Europe to intensify their efforts to hold the Russian Federation
and Belarus to account at the United Nations, including by:
18.1 promoting the adoption of a
resolution of the Human Rights Council and releasing a joint statement
calling for the release of anti-war protesters in the Russian Federation
and Belarus and an end to the political persecution of anti-war
protesters in the Russian Federation and Belarus, and condemning
the failure of the Russian Federation and Belarus to implement rulings
of international bodies relating to the repression of anti-war protesters,
including judgments and decisions of the European Court of Human
Rights (in respect of the Russian Federation), the Working Group
on Arbitrary Detention and the United Nations treaty bodies;
18.2 calling for a country visit to the Russian Federation
and Belarus of the United Nations High Commissioner for Human Rights,
the International Committee of the Red Cross (ICRC), the Special Rapporteurs
on the situation of human rights in the Russian Federation and Belarus
and other relevant bodies, to visit prisons and meet with anti-war
protesters subject to political persecution, prioritising those with
serious health conditions, including Vladimir Kara-Murza.
19. Noting the highly precarious situation of Russians and Belarusians
with an anti-war stance who are trying to flee their oppressive
regimes, and recalling
Resolution
2446 (2022) “Reported cases of political prisoners in the
Russian Federation” and
Resolution
2499 (2023) “Addressing the specific challenges faced
by the Belarusians in exile”, the Assembly calls on member and observer
States of the Council of Europe to:
19.1 support persons fleeing the Russian Federation and Belarus
by facilitating their legal entry and stay, freedom of movement,
safety and security, and access to education, culture, financial
services and pursuit of economic activities. This should include
appropriate measures relating to emergency entry, emergency passports,
visas, temporary and long-term residence permits, socio-economic
assistance and (where appropriate) refugee status;
19.2 examine the possibility of creating separate international
frameworks or networks for those fleeing the Russian Federation
and Belarus, to deal with the issues of entry and stay of these
persons;
19.3 refuse extradition requests for Belarusian and Russian
nationals that could be considered to be politically motivated;
19.4 refrain from deporting to their home countries Russian
and Belarusian nationals who have demonstrated an anti-war stance
concerning the aggression against Ukraine and who would thus be
at genuine risk of political persecution or conscription to the
Russian military;
19.5 take measures to address the refusal of the Belarusian
authorities to issue passports in their consulates abroad (as well
as prepare for the possibility of the Russian Federation doing so),
through the recognition of de facto statelessness
and the issuing of travel documents to allow Belarusian (and if necessary,
Russian) individuals at risk of political persecution or conscription
to remain in European States after the expiration of their passports;
19.6 take measures to protect Russians and Belarusians who
have fled their States from transnational repression carried out
by their governments, as highlighted in
Resolution 2509 (2023) “Transnational repression
as a growing threat to the rule of law and human rights”.
20. The Assembly further calls on member and observer States of
the Council of Europe to introduce restrictive measures (in particular,
sanctions under their “Magnitsky laws”) against individuals involved
in the political persecution of Russians and Belarusians because
of their anti-war stance.
21. Noting the harm caused to independent Russian and Belarusian
civil society by the application of domestic and international sanctions,
the Assembly calls on private businesses:
21.1 to continue to provide goods and services to independent
Russian and Belarusian civil society organisations that support
anti-war causes or the defence of human rights;
21.2 to refuse to comply with the orders of the Russian and
Belarusian Governments to block websites, social media accounts
or other online resources of independent Russian and Belarusian
civil society organisations that support anti-war causes or the
defence of human rights.
22. The Assembly invites the European Court of Human Rights to
continue to examine pending and future cases against the Russian
Federation in respect of alleged violations of the Convention committed
until 16 September 2022, in particular and as a matter of priority
those brought by applicants who have been persecuted for their anti-war
stance.
23. The Assembly reiterates its call for INTERPOL to be particularly
vigilant when dealing with requests for Red Notices from the Russian
National Central Bureau that may be politically motivated, taking
into account
Resolution
2315 (2019) “INTERPOL reform and extradition proceedings:
building trust by fighting abuse”.
24. The Assembly finally resolves to continue to exchange views
with the Russian and Belarusian political anti-war movements and
other opposition forces through its platforms for dialogue with
the Russian and Belarusian democratic forces.
