The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Croatia on 27 August 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 5 November 2024, which is currently being studied.
Since the communication was sent, on 18 October 2024, Vladislav Arinichev was released after 106 days in detention (15 days detention for insulting Croatian authorities and 91 days in the Reception and Transit Center for Foreigners in Trilj). Conditions in the Center for Foreigners were allegedly poor, and over three months he was allegedly allowed outside only seven times. Since 19 October, he has been at the Reception Centre for International Protection Applicants in Zagreb, awaiting a decision on his asylum or deportation depending on the results of his appeal.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged rejection of Mr. Vladislav Arinichev’s asylum application, as well as his reported detention and potential deportation to Russia, where he allegedly faces prosecution for his anti-war activism.
Mr. Vladislav Arinichev is a Russian anti-war activist and human rights defender who advocates for the rights of asylum-seekers in Croatia.
ALLEGATIONS
Persecution in Russia
Mr. Vladislav Arinichev was persecuted in Russia for his peaceful anti-war activism.
On 11 March 2022, he was found guilty of an administrative offence under article 20.3.3 of the Code of Administrative Offences (“public actions aimed at discrediting the use of the armed forces of the Russian Federation”) for an anti-war protest and fined 50 000 RUB (527 EUR).
On 28 March 2022, he was found guilty of an administrative offence under article 20.3.4 of the Code of Administrative Offences (“calls for sanctions”) for posting an anti-war video on YouTube and fined 35 000 RUB (370 EUR).
Mr. Arinichev continued making anti-war YouTube videos, putting him at risk of criminal prosecution for a repeated offence under article 284.2 (“calls for sanctions”) and article 280.3 (“public actions aimed at discrediting the use of the armed forces of the Russian Federation”) of the Criminal Code, as well as under article 207.3 (“public dissemination of knowingly false information on the use of the armed forces of the Russian Federation”) of the Criminal Code, which does not require a previous administrative offence. As a result of these serious risks, Mr. Arinichev left Russia and applied for international protection in Croatia on 12 December 2022.
In August 2023, it became known that he is accused under article 205.2 of the Criminal Code (“public incitement to terrorist activities, public justification of terrorism, or propaganda of terrorism”) in Russia and faces imprisonment of up to seven years, allegedly in retaliation for his peaceful anti-war activism. He was added to the list of “extremists” and “terrorists” and placed on the wanted list in Russia.
Rejection of asylum application and detention in Croatia
In Croatia, Mr. Arinichev started advocating for the rights of asylum-seekers.
On 10 September 2023, he recorded a video highlighting the poor conditions of asylum-seekers at the Reception Center for Asylum Seekers in Zagreb, managed by the Ministry of the Interior. He reportedly sent the video to the Ministry of the Interior and other national authorities and posted it on YouTube. He was subsequently informed by the Reception Center official that showing faces in the publicly available video violated people’s privacy and right to personal data protection and endangered their safety, so he blurred faces and re-uploaded the video with blurred faces on 14 September 2023, deleting the original video. The video allegedly improved the situation at the Reception Center. However, on 6 October 2023, the Security and Intelligence Agency designated him a “threat to the national security and public order of the Republic of Croatia” based on the recording of this video and the criminal accusations in Russia. This, in turn, led to the Ministry of the Interior’s decision on 25 June 2024 to reject his application for international protection, despite him meeting the conditions for asylum.
On 7 April 2024, he recorded and published a YouTube video explaining the asylum procedure in Croatia.
On 19 June 2024, he participated in a conference on the situation of asylum-seekers held in Zagreb and was allegedly planning to prepare a report for the Government of Croatia.
On 4 July 2024, he held a single-person protest in Zagreb, on St. Mark’s Square, to attract public attention to the alleged human rights violations in other asylum-seekers’ cases by the Security and Intelligence Agency. He wore a t-shirt with a provocative inscription “Fuck SOA [Security and Intelligence Agency]” and held a poster with examples of cases with alleged violations. As a result, he was apprehended and sentenced to 15 days in detention for insulting Croatian authorities, after which he was placed at the Reception and Transit Center for Foreigners in Trilj for three months, due to the same offence.
Mr. Arinichev remains at the Reception and Transit Center for Foreigners in Trilj. The rejection of his asylum application and detention are currently being challenged in court.
CONCERNS
In the communication, we express our serious concern regarding the alleged rejection of Mr. Vladislav Arinichev’s asylum application and his detention, both of which appear to be a consequence of his advocacy for the rights of asylum-seekers in Croatia and the exercise of his freedom of expression. Additionally, we are concerned about his potential deportation to Russia, where he allegedly faces prosecution for his peaceful anti-war activism.
