Russia: Open Letter to EU Foreign Ministers and High Representative Ashton

• Space for civil society to function without undue restrictions and the safety of human rights defenders; and
   
• Rampant impunity for ongoing torture, enforced disappearances and other serious abuses in the North Caucasus and the importance of Russia’s full implementation of European Court of Human Rights judgments as a means to address these abuses.

The conclusions should also formulate specific steps the EU expects Russian authorities to take to address these concerns.

The September 2011 announcement that Prime Minister Vladimir Putin would run for president in 2012 has led many observers to believe his election a foregone conclusion. Further, because the government refused to register new political parties to contest the December Duma elections, the likelihood of developing pluralism or any checks and balances on the Kremlin is slim. Both developments combined to cast a shadow on the prospects for much-needed political reform. Two areas of particular note in this regard are space for civil society to function without undue restrictions and the safety of human rights defenders.

Space for Civil Society to Function and Safety of Human Rights Defenders
Human rights defenders are vulnerable to harassment and violent attack, and those working in the North Caucasus are especially at risk. In Chechnya the 2009 murders of three activists—Natalya Estemirova, Zarema Saidulaeva, and Alik Dzhabrailov—remain unpunished. Impunity for these murders, and the Chechen authorities’ open hostility for independent human rights groups, has had a chilling effect on Chechen activists. They now refrain from filing complaints about official harassment. Lawyers in Dagestan are also at risk, including those who work on human rights cases. Local authorities have not held accountable law enforcement officials who attacked at least five lawyers in 2010, despite promises to do so.

Authorities in Russia have shown little tolerance for peaceful public assemblies. Police frequently disperse public rallies held by civil society activists and the political opposition, and in doing so at times use excessive force and arbitrarily detain peaceful protesters. Two factors could prompt a rise in the numbers of unsanctioned public assemblies: disillusionment in the lack of political reform that Putin’s return to the presidency symbolizes, and the lack of opportunities to express alternative political views in the mainstream media and in the political arena. We are therefore concerned that the authorities will interfere with peaceful assemblies during the election season and beyond.

Impunity for Abuses in the North Caucasus and Implementation of European Court Rulings
The Kremlin’s approach to counterinsurgency and counterterrorism in the North Caucasus continues to rely heavily on arbitrary detention, torture, and collective punishment. High-level Chechen officials, including Chechnya’s leader Ramzan Kadyrov, have repeatedly stated that insurgents’ families should expect punishment unless their relatives surrender, encouraging lawless actions by police and security personnel, including punitive house-burnings. Rampant impunity for abuses has served to antagonize the population in Chechnya, Ingushetia, and Dagestan, thus indirectly playing into the hands of insurgentsand resulting in further deterioration of the situation on the ground.

Fuelling the climate of impunity is Russia’s persisting failure to fully implement the judgments of the European Court of Human Rights on applications from Chechnya. The court has to date issued over 210 judgments holding Russia responsible for grave human rights violations in Chechnya. While Russia has generally paid the required monetary compensation to victims, it has failed to implement the core of the judgments, which entails conducting effective investigations and holding perpetrators accountable. The authorities have also failed to take adequate measures to prevent the recurrence of similar abuses, with the result that a steady flow of new complaints are being lodged with the court every year.

Ensuring Russia’s full implementation is critical both for ensuring justice and accountability for past crimes, and for putting an end to the persisting impunity for ongoing abuses in the North Caucasus. For the thousands of victims of human rights abuses in Chechnya, the court’s judgments represent their best hope to ever see justice, thus far denied them in Russia. Meanwhile, grave abuses persist to this day primarily due to the continued lack of accountability for perpetrators, including in cases decided by the court.

We urge you to support Foreign Affairs Council conclusions on Russia that stress the critical importance of human rights in the EU-Russia relationship, convey a clear sense of concern about the negative trends in Russia in this regard, along with an expectation that the Russian authorities take specific steps in response. Such steps should include:

• Fostering a normal working environment for civil society organizations and activists, and ensuring they are protected from persecution and harassment;
• Ensuring a thorough and transparent investigation into Natalya Estemirova’s murder and the other murders of activists, including the possibility of official involvement in these crimes;
• Desisting from undue interference with peaceful assemblies;
• Publicly disavowing unlawful counterterrorism/counterinsurgency practices in the North Caucasus, holding accountable those who engage in them, and acknowledging the role they play in destabilizing the situation in the region;
• Implementing fully European Court of Human Rights judgments on Chechnya, including conducting effective investigations and holding perpetrators accountable, and taking adequate measures to prevent similar abuses from recurring.

Making the EU’s concerns about human rights violations publicly known is important.  Not only would Foreign Affairs Council conclusions provide critical support to all those in Russia working to protect human rights but they would also serve to bind the 27 EU Member States and EU institutions to a common message and approach with regards to human rights in Russia. 

Thank you for your attention to this important matter.

Sincerely,                  

Hugh Williamson
Director
Europe and Central Asia Division

Lotte Leicht
Director
European Union