Skip to main content

Dear European Union Heads of State:

Human Rights Watch welcomes the opportunity to engage with the European Union on human rights issues in Russia in advance of the EU-Russia summit in Khabarovsk on 21-22 May.

We believe this is a uniquely opportune time for the EU to work with its Russian partners to achieve concrete, urgently-needed human rights reforms in Russia. Although Russia continues to face many serious human rights challenges, President Dmitri Medvedev has made several statements underscoring the importance of democracy and human rights and acknowledging areas where change is needed. These statements signal a new willingness to take on some of these challenges.

On 15 April, President Medvedev met with the members of the presidential Council for Civil Society Institutions and Human Rights. At the meeting, Medvedev acknowledged the difficulties faced by nongovernmental organizations (NGO)s, including "restrictions...without sufficient justification," and the fact that many government officials view NGOs as a threat. Medvedev stated his willingness to review the law. In an interview on the same day with Novaya Gazeta, an independent newspaper, Mr. Medvedev articulated a commitment to democracy and political rights and freedoms, stating that they can not be traded for prosperity.

President Medvedev's statements fell short of committing to specific reforms. But they are symbolically significant and provide an important window of opportunity for change We urge you to seize on this opening by encouraging specific action on human rights reform. By urging specific steps and underscoring the importance of human rights in the EU-Russian relationship, EU leadership can help build momentum for reform.

Two key areas of concern that would particularly benefit from EU leadership are reform of the laws governing nongovernmental organizations (NGOs) and Russia's implementation of European Court of Human Rights (ECtHR) judgments on Chechnya.

Reform of the 2006 NGO Law

Russia's 2006 NGO law subjects Russian and foreign nongovernmental organizations to excessive government scrutiny and undue government interference, and places onerous documentation requirements and unreasonable bureaucratic hurdles on Russia's NGOs. Organizations can be audited excessively and are required to submit detailed activity reports annually. During audits and reports, the law gives the authorities unlimited discretion to request documents for inspection and to interpret them, including for compliance with the constitution, laws, and "interests" of Russia in the broadest terms. NGOs spend inordinate amounts of time and resources complying with these two aspects of the law.

Compounding the problem, authorities implement the NGO law selectively to harass organizations that work on issues that are considered controversial, that may be capable of galvanizing public dissent, or that receive foreign funding.

At the meeting with the Council for Civil Society Institutions and Human Rights, President Medvedev stated that he would consider amendments to the NGO law and other legislation regulating the activities of NGOs. He did not, however, commit to a specific timeline or process for reviewing the law or introducing changes. Some members of the council have entered into discussions with government representatives to establish a process for reforming the law. Many Russian human rights groups are concerned that, without an appropriate process that takes into account input from NGOs and experts, any forthcoming amendments could leave the core problems unaddressed.

In addition to the burden of restrictive and intrusive legislation, Russian NGOs also face attacks and threats. The goal of these attacks, especially against those who speak out about torture, abductions and extrajudicial executions in the North Caucasus, can only be to silence these important voices for human rights and the rule of law. The starkest recent examples are the killing of prominent human rights lawyer Stanislav Markelov and journalist and social activist Anastasiya Baburova in January, and the beating of a leading Russian rights champion, Lev Ponomarev in March this year.  Medvedev's welcome comments notwithstanding, the climate in which Russian civil society groups operate remains profoundly hostile.

The EU should welcome Medvedev's acknowledgement of the challenges faced by NGOs, including the negative attitude of government officials, and strongly encourage the Russian authorities to make full use of this critical opportunity to push forward with real changes to the operating environment for NGOs. The Russian government should be urged to publicly condemn attacks on activists and to commit to a transparent process for considering changes to the law, ensuring adequate opportunities for input by civil society groups. The EU should make it clear that reform of NGO regulations is a priority issue for the EU and that it will monitor closely the actions taken in this regard.

Recommendations for steps the Russian government should be urged to take:

  • Establish a transparent process to reform the NGO law that involves meaningful consultations with NGOs, legal experts, and other stakeholders;
  • Foster an environment in which civil society can operate freely by imposing only those obligations and burdens on NGOs that are compatible with international standards and absolutely necessary, and strictly defining the terms under which the government can interfere in legitimate private citizen activity;
  • Amend the NGO law to streamline the registration process so that NGOs can register quickly and with little hassle, remove the most restrictive and intrusive provisions of the law such as those that allow the authorities to conduct unlimited inspections and attend all NGO events, and provide recourse, other than liquidation, for violations of the NGO law that can help noncompliant NGOs to come into compliance.
  • Condemn, unequivocally, attacks on human rights defenders and journalists, and investigate and prosecute those crimes to the fullest extent allowed by the law;
  • Facilitate the work of, and issue standing invitations to, all UN special procedures and immediately agree to visits by the Special Rapporteurs on human rights defenders and on extrajudicial, summary or arbitrary executions.

Implementation of European Court of Human Rights Judgments on Chechnya

One key bellwether of Russia's willingness to uphold democratic institutions and political freedoms, as Medvedev recently pledged to do, is its respect for the rule of law, including its implementation of decisions of those international institutions of which Russia is a member.

In almost 100 rulings to date the ECtHR has repeatedly found Russia responsible for grave human rights abuses in Chechnya, including torture, "disappearances," and extrajudicial executions. Russia has generally paid court-ordered monetary compensation to the victims. But it has failed to implement the individual and general measures that follow from the rulings - rectifying abuses in individual cases by undertaking effective investigations, and addressing the underlying causes of abuse in order to prevent similar violations in the future. The European Court judgments highlight Moscow's failure to hold accountable those responsible for grave human rights abuses in Chechnya. This climate of impunity has allowed violations to persist.

The recent decision by the Kremlin to end counterterrorism operations in Chechnya has profound symbolic meaning to people in Chechnya, signaling an end to the 10-year war. But the counterterrorism operation has left behind a legacy of abuse that still demands justice. Full implementation of ECtHR judgments is critical to providing meaningful justice to the victims of human rights abuses in Chechnya and preventing similar abuses from recurring, thereby helping to put to rest the legacy of the decade-long abusive "counterterrorism operation."

The court's judgments provide a unique platform for the EU to engage effectively with Russia on the necessary changes in policy and practice that are required from Russia in order to fully comply with the court's rulings. Russia's effective implementation of these judgments will also help guarantee the integrity and efficacy of the ECtHR, which is the leading mechanism in Europe for ensuring that states uphold human rights commitments.

Russia's failure to ratify Protocol 14, which would help streamline admissibility decisions as well as strengthen the capacity of the Council of Europe's Committee of Ministers to oversee the implementation of judgments, has impeded efforts to reform the ECtHR. Recent proposals for a simplified Protocol 14 bis would help the court reduce its backlog but leave the Committee of Ministers' oversight role unchanged. Although improving the court's ability to process cases is clearly a priority, in all interactions with the Russian authorities regarding the European Court, the European Union should focus on the need for full implementation of judgments.

Recommendations for steps the Russian government should be urged to take:

  • Ratify the full Protocol 14 to improve the court's capacity to make admissibility decisions and strengthen the ability of the Committee of Ministers to oversee the implementation of the court's judgments;
  • Pay in full the compensation and expenses as directed by the court;
  • Re-open investigations in those cases where the court has determined that prior investigations were inadequate and conduct them in a manner that ensures they are meaningful and effective, resulting in those having perpetrated abuses being brought to justice;
  • Undertake a thorough review and revision of domestic legislation and regulations regarding the use of force by military or security forces to ensure their compliance with human rights law;
  • Conduct an in-depth inquiry into the conduct of investigations into abuses committed by Russian military servicemen, police and intelligence officials and other forces in the Chechen Republic to establish why these investigations are so ineffective;
  • Undertake an investigation to determine by what means secret detention as been allowed to occur routinely an on a large scale in Chechnya.

We understand that Russia's prospective entry into the World Trade Organization (WTO) will be discussed at the summit. Russia's membership in the WTO will certainly increase demands for greater transparency in matters of trade and investment. This can only occur in the context of respect for the rule of law and a free functioning civil society. Urging Russia to fulfill key obligations, such as respecting the rights of NGOs and ending impunity for abuses in Chechnya, will help establish these essential pre-conditions.

While much remains to be done to see President Medvedev's words translated into real changes, there has hardly been a better time for the EU to work with its Russian partners to achieve those changes and strengthen the rule of law and respect for human rights in Russia. Raising these issues at every level of EU-Russia interaction, including at the summit, is critical to underscore the importance of human rights in the relationship. We hope to see the upcoming Khabarovsk summit used to encourage the pressing, concrete reforms that will show that President Medvedev is willing to go beyond mere rhetoric.

Please accept our best wishes for a productive summit.

Sincerely,

Holly Cartner                                        
Executive Director, Europe and Central Asia division

Lotte Leicht
E.U. Director

CC: EU Foreign Ministers Mr. Javier Solana, EU High Representative for CFSP Mr. José Manuel Barroso, President of the European Commission Ms. Benita Ferrero-Waldner, EU Commissioner for External Relations Political Directors and Foreign Policy Advisors Ambassadors to the Political and Security Committee Mr. Hans-Gert Pöttering, President of the European Parliament EU Regional Directors for Eastern Europe and Central Asia EU Council Working Group on Eastern Europe and Central Asia

Your tax deductible gift can help stop human rights violations and save lives around the world.

Region / Country