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 the Russian Federation on 27 February 2023. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 27 April 2023, which was recently translated.
Since the communication was sent, the Moscow Helsinki Group appealed the court’s decision to dissolve the organisation. Ahead of their hearing at the First Appellate Court of General Jurisdiction, the Special Rapporteur on Human Rights Defenders filed an amicus curiae brief supporting their appeal. Unfortunately, the sentence was upheld on 27 April 2023.
This is a shorter version of the original communication.
BACKGROUND
Topic: alleged impromptu inspection and dissolution of the Moscow Helsinki Group
The Moscow Helsinki Group (“MHG”) is the oldest Russian human rights organisation. Since 1976, it has been monitoring, documenting and reporting on human rights violations, including to international bodies and the United Nations human rights mechanisms, providing legal assistance in human rights cases, taking measures to bring Russian legislation and law enforcement practice in line with international human rights obligations, and improving public oversight over the activities of public authorities. The MHG has also been organizing a human rights movement in Russia and protecting other human rights defenders.
ALLEGATIONS
Impromptu inspection
On 26 October 2022, the Moscow City Prosecutor’s Office requested the Main Directorate of the Ministry of Justice of the Russian Federation for the City of Moscow (“Main Directorate”) to conduct an impromptu inspection and check MHG’s activities for compliance with the law, as well as goals and objectives set out in its Charter. On 31 October 2022, the Main Directorate ordered an inspection to be held from 8 to 28 November 2022.
On 2 November 2022, the MHG allegedly received an inspection notice requiring them to provide a large number of internal documents for the years of 2019-2022 by 8 November (within three working days, considering public holidays). The request was reportedly vague and allowed for different interpretations.
On 3 November 2022, the MHG allegedly notified the Main Directorate that the executive director, the only authorised officer who could collect all documents, was abroad on official leave until 15 November, and asked for a deadline extension. The Main Directorate allegedly replied that, according to their interpretation, the law did not allow extensions, but they would be willing to accept documents until 16 November 2022. After 16 November, they requested several additional documents.
Most of the requested documents were provided on 8 November 2022, and several more were provided by the executive director upon her return – on 16, 23 and 25 November 2022. As a result, all documents were submitted and accepted by the Main Directorate before the end of their analysis and drafting of the report for the Moscow City Prosecutor’s Office.
On 1 December 2022, the Main Directorate sent to the MHG a report on the inspection results. The inspection alleged “gross violations” of the law, including:
- Violation of the territorial scope of activities. Despite MHG’s status as a Moscow-based regional public organisation, the Main Directorate had identified a few instances of its human rights work in other regions: trial observation and appealing a denial of access to the trial for the MHG observer, participation in human rights events (including online events), and joining a collective appeal of human rights organisations calling to lift the COVID‑19 pandemic-related restrictions on the freedom of assembly;
- Failure to provide proof of the proper frequency of the MHG Council meetings;
- Several deficiencies in the wording of the MHG Charter; and
- Failure to submit a complete set of documents requested for the inspection.
On 16 December 2022, the MHG submitted its objections to the report, in which it disagreed with the inspection results, explained the inconsistency of the alleged violations and provided documents that, in the opinion of the Main Directorate, had not been previously provided. The objections were reportedly submitted within the statutory time limits.
Dissolution
On 14 December 2022, the Main Directorate filed an administrative lawsuit with the Moscow City Court requesting to shut down the MHG. Based on the results of the impromptu inspection, and without waiting to receive MHG’s objections, the Main Directorate concluded that the violation of the territorial scope of the organisation’s activities was a gross violation and that the revealed examples testified to their “systemic and irremediable nature” warranting the dissolution and a ban on any further MHG activities in Russia.
Importantly, the MHG had never been subject to administrative liability for any violations prior to this. Moreover, the Ministry of Justice did not consider MHG’s activities in other regions a violation neither during a similar inspection in 2014, nor during the certification of MHG’s amended Charter in 2018.
On 25 January 2023, the Moscow City Court ordered the dissolution of the organization. The judge reportedly did not allow the defence to invite witnesses and refused a defence lawyer’s motion to review the case file to be able to represent their client. Despite the significance of the process for civil society, trial monitoring by independent observers and press presence were reportedly limited through administrative measures, including through choosing a small courtroom and pre-filling it with court interns.
CONCERNS
In the communication, we express grave concern at the decision on dissolving the MHG, which appears to be aimed at preventing the organization from continuing its legitimate human rights work and levied against it in response to such work, particularly documenting and reporting on human rights violations and expressing solidarity with human rights organisations in other regions of Russia. Restricting human rights advocacy and expressions of solidarity to the boundaries of one region is contrary to the very idea of human rights defence and the freedom of association. We are seriously concerned that the dissolution of MHG appears to be manifestly disproportionate to the administrative irregularities upon which the decision is based. Moreover, it is deeply concerning that the authorities allegedly did not give the organisation a chance to rectify them or even provide objections, and the court decision was reached without due respect to the right to a fair trial.
We further express our most serious concern regarding what appears to be a trend of dissolving prominent human rights organizations, including International Memorial, Human Rights Center “Memorial”, Legal and Social Support Charitable Foundation “Sphere”, and the Journalists’ and Media Workers’ Union. We are gravely concerned at the chilling effect this trend may have on human rights defenders, press freedom and civic space more broadly in Russia.
We are very concerned that the application of restrictive legislation on NGOs, media, and other civil society actors is severely limiting their ability and willingness to carry out their activities in the country, leading to self-censorship, and inhibiting cooperation with international actors. We also fear that it will have major implications for the enjoyment of human rights of all Russian citizens, who can no longer count on the support of many civil society organizations in cases where their rights are violated. We will continue to closely monitor this and engage with Your Excellency’s Government on the matter.
