|
The
Observatory has been informed by ADC Memorial about the opening of
criminal proceedings against human rights defender Ilya
Shumanov,
CEO of Transparency International Russia and director of Arctida.
Within Arctida, Ilya Shumanov combats corruption in Russian Arctic
region and advocates for international sanctions against Nornickel
(and similar Russian industrial forces) and the protection of the
rights of the indigenous peoples living in Tundra. Transparency
International Russia is part of the international organisation
Transparency International, headquartered in Berlin, which aims to
put an end to corruption and promote transparency, accountability and
integrity. In Russia, the organisation has been designated as a
“foreign agent” back in 2015, and in March 2023, the Prosecutor
General's Office declared its activities “undesirable” within the
Russian Federation. Following this decision, the organisation was
forced to dissolve itself, in order not to expose its employees to
risks of criminal prosecution. Subsequently, Transparency
International Russia in exile was founded
in October 2023.
On
August 24, 2024, the Investigative Committee of Russia opened a
criminal case against Ilya Shumanov for “not fulfilling the
obligation of the foreign agent” under part 2 of article 330.1 of
the Criminal Code of Russia. He faces up to two years in prison. Mr
Shumanov, who lives abroad, has been declared wanted by the Russian
police.
In
July and August 2023, the Basmanny District Court of Moscow twice
held him administratively liable for the absence of the ”foreign
agent” label on his Telegram posts and fined him for the sum of
100,000 rubles (approximately 1,000 euros) under part 4 of article
19.34 of the Code on Administrative Offences of Russia. According to
the Russian criminal law, two administrative violations in a row
committed during a year are considered a criminal offense, which
leads to up to two years of imprisonment.
The
Observatory recalls that the law on “foreign agents”, first
enacted in 2012, was progressively broadened, initially targeting
non-governmental organisations, then unregistered groups, media
outlets, journalists and certain categories of individuals. In
December 2022, the Federal Law No. 255-FZ titled “Control over the
Activities of Persons Under Foreign Influence” was introduced and
enacted by Russia’s Parliament, replacing all previous laws
regarding “foreign agents”. The law expended further the legal
definition of “foreign agents”, making it possible to label any
ordinary citizens and organisations without legal personality as
“foreign agents”. As of October 4, 2024, there were 470
individuals on the register of “foreign agents”.
Since
January 1, 2024, 457 administrative cases were initiated in Russia
for non-compliance with the legislation on “foreign agents”. The
fines for such cases are significant, allowing the authorities to
freeze the bank accounts of those involved and seize any property
they have remaining in Russia. After two administrative cases, people
labeled as “foreign agents” can face criminal charges and be put
on the “wanted” list, making it impossible for them to return to
Russia. Human rights activists report that there are currently
criminal cases open against 26 individuals. This method has become a
common practice to silence journalists and opposition actors and is
now being used against human rights defenders.
The
Observatory strongly condemns the judicial harassment against Ilya
Shumanov, as well as the criminalisation of human rights defenders
under the “foreign agents” laws, which appear to be aimed solely
at punishing them for and preventing them from carrying on their
peaceful and legitimate human rights activities.
The
Observatory urges the Russian authorities to remove Ilya Shumanov
from the register of “foreign agents” and to immediately drop any
legal proceedings against him, as well as to refrain from instituting
criminal proceedings against human rights defenders based on the
”foreign agents” laws, which are contrary to international human
rights standards. All cases initiated against human rights defenders
under these provisions should be dropped immediately, and verdicts
based on these provisions should be reviewed to ensure wrongful
convictions are quashed.
The
Observatory further urges the Russian authorities to revoke all laws
regarding “foreign agents” that actively target human rights
defenders and organisations, as well as any other law incompatible
with their fundamental rights, including the rights to freedom of
association and expression.
The
Observatory finally calls on the authorities in Russia to guarantee
in all circumstances the rights to freedom of association and to
freedom of expression, as enshrined in international human rights
law, and particularly in Articles 19 and 22 of the International
Covenant on Civil and Political Rights.
|
