03/06/2014 Legal Affairs and Human Rights
“Recent events in the Russian Federation concerning human rights defenders and civil society are disappointing and prove that the state-orchestrated campaign aimed at silencing independent civil society continues,” stated Mailis Reps (Estonia, ALDE), Parliamentary Assemby of the Council of Europe (PACE) rapporteur on “Strengthening the role and protection of human rights defenders in Council of Europe member States”.
“I am particularly concerned about the decision ordering a prominent human rights NGO - the Memorial Human Rights Center - to register as a “foreign agent” as well as the latest amendment by the Duma to the “Foreign Agents Law”, which further strengthens the executive’s powers in such procedures. The Assembly was clearly given the promise, by Russian decision-makers, that the said law would be revised by the Duma in order to fulfil all its international human rights obligations. These steps do not tally with this promise,” stressed the rapporteur.
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Reminder
The so-called “Foreign Agents Law”, adopted in November 2012, requires all foreign-funded NGOs “engaging in political activities” to register as “foreign agents” under penalty of substantial fines. The law has been severely criticized by various domestic and international actors. It is now being examined by the Venice Commission and complaints are pending before the ECHR concerning this law’s incompatibility with the right to freedom of association. On 8 April 2014, the Russian Constitutional Court ruled that the said law complied with the Constitution and on 23 May 2014, the Russian Duma adopted an amendment which, if enacted, would permit the Minister of Justice to register NGOs on the list of “foreign agents” at his own initiative without a court order.
The Memorial Human Rights Center was ordered to register as a “foreign agent” by the prosecutor and his appeal against this decision was rejected by the Zamoskvoretzky Court on 23 May 2014. This decision is not yet final, as Memorial intends to appeal it. So far three other organisations – Anti-Discrimination Centre (ADC) “Memorial”, the Centre for Social Policy and Gender Studies and Women of Don have been ordered, by domestic courts, to register as “foreign agents” and similar proceedings are pending concerning several other NGOs.