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The
Observatory has been informed about the designation of Mr Oleg
Orlov,
prominent human rights defender and co-chairman of the Memorial Human
Rights Defence Centre (HRDC “Memorial”), a member organisation of
FIDH, as a so-called “foreign agent”. A
prominent figure in the defence of human rights in Russia, Mr Orlov
was awarded the Sakharov
Prize for Freedom of Expression in
2009, and in 2012 the Moscow Helsinki Group Award for his "historic
contribution to the defence of human rights and the human rights
movement”.
On
February 2, 2024, the Russian Ministry of Justice declared Oleg Orlov
a “foreign agent” on their website, stating that Mr Orlov
“opposed the special military operation in Ukraine, disseminated
inaccurate information about decisions taken by the public
authorities of the Russian Federation and the policy they pursued. He
took part in the creation of messages and materials of foreign agents
for an unlimited number of people and is a member of an organisation
included in the register of foreign agents”.
In
addition to Oleg Orlov, three other Memorial members were included in
the register on February 2, 2024, namely: Mr Mikhail
Chimarov,
chairman of Memorial's Novgorod branch; Mr Nikita
Sokolov,
historian and long-time participant in the Memorial movement; and Mr
Sergey
Stepanov,
an activist of the Memorial in Tambov.
The
designation of persons and entities as “foreign agents” entails a
series of obligations: “foreign agents” are required to submit
financial reports every three months, carry out annual mandatory
audits, and any information published or disseminated by such persons
has to contain a reference to it being published or disseminated by a
“foreign agent”. In addition, numerous formal and informal
restrictions have been imposed on these persons, such as the
inability to be elected, the ban on working in the public service or
the ban on teaching.
The
Observatory underlines that the inclusion of Oleg Orlov on the
register of “foreign agents” takes place in a context of ongoing
judicial harassment against the human rights defender on the eve of a
new trial against him on charges of “repeated discrediting” of
the army, and is being used as a mean of increasing pressure on him.
The
Observatory recalls that on October 11, 2023, the Golovinsky District
Court of Moscow found
Oleg Orlov guilty
of “public actions aimed at discrediting the use of armed forces of
the Russian Federation” (Article 280.3 (1) of the Criminal Code)
and fined him 150,000 roubles (approximately 1,409 Euros), for an
article
published on the French blogging platform Le
Club de Mediapart
on November 13, 2022, titled “Russia: they wanted fascism, they got
it” (“Russie
: ils voulaient le fascisme, ils l'ont eu”).
Both
Oleg Orlov and the Prosecutor’s office appealed the verdict, the
former demanding a full acquittal and the latter a three-year prison
sentence. On December 14, 2023, the verdict was cancelled by the
Moscow City Court, and the case was sent for a new investigation
under the charge of “repeated discrediting of the actions of the
Armed Forces of the Russian Federation”. The additional
investigation was carried out in record time, and Oleg Orlov and his
lawyer were not given time to prepare a line of defence.
On
February 2, 2024, on the same day as his designation as a “foreign
agent”, Oleg Orlov was given only five days to peruse the seven
volumes of the criminal case. The judge, who issued this ruling
contrary to all procedural norms, did so in the absence of Mr Orlov
and his lawyer, who was busy in another trial.
Oleg
Orlov is accused of “discrediting the actions of the Russian Army”
on the grounds of “ideological hostility against traditional
spiritual, moral and patriotic values” and “hatred against the
social group of servicemen of the Armed Forces” for his article
published on November 13, 2022 on the Mediapart website.
The
Observatory further recalls that the pressure on Oleg Orlov is
related to his consistent human rights and anti-war positions. After
the start of Russia’s full-scale invasion of Ukraine, he came out
five times with anti-war posters to Red Square and the State Duma in
Moscow. All five times, he was detained
and fined.
The
Observatory strongly condemns the designation of Oleg Orlov as a
“foreign agent” and calls on the Russian authorities to
immediately withdraw his name and that of his colleagues Mikhail
Chimarov, Nikita Sokolov and Sergey Stepanov from the register of
foreign agents.
The
Observatory further calls on the Russian authorities to immediately
and unconditionally drop all charges against Oleg Orlov and to stop
all acts of harassment, including at the administrative and judicial
levels, against him and all human rights defenders and organisations
in Russia.
The
Observatory further calls on the authorities in Russia to guarantee
in all circumstances the right to freedom of expression, as enshrined
in international human rights standards, and particularly in Article
19 of the International Covenant on Civil and Political Rights.
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