The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and the UN Special Rapporteur on freedom of opinion and expression to the Government of the Russian Federation on 22 April 2022. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 8 June 2022, and was recently translated.
The Special Rapporteur thanks the Russian Federation for its reply providing further information, however it does little to allay her concerns that the human rights defenders were detained for legitimately exercising and defending fundamental rights and freedoms.
BACKGROUND
Theme: the alleged arrest, detention, persecution and ill-treatment of human rights defenders in the context of Russia’s invasion of Ukraine.
Mr. Alexander Teplyakov is a human rights defender of civil and political rights. Since Russia’s invasion of Ukraine in February 2022, he has been printing stickers reading “No to war” and placing them around Moscow.
Mr. Alexei Dmitriev is an environmental human rights defender who advocates for the protection of green areas in the city of Khimki in Moscow Oblast. In 2012, Mr. Dmitriev was severely beaten by unidentified individuals, believed to be in retaliation for his environmental rights activities, leaving him with long lasting injuries. Since February 2022, he has been openly critical of Russia’s invasion of
Ukraine.
Mr. Abdureshit Dzhepparov is a Crimean Tatar and defender of minority and indigenous peoples’ rights. As a coordinator of non-governmental organisation Crimean Contact Group on Human Rights, he helps monitor human rights violations and investigates situations of enforced disappearance in Russia-annexed Crimea. The organisation also provides legal support to victims of alleged human rights violations.
We previously raised concerns with your Excellency’s Government regarding the restriction of fundamental freedoms, arbitrary detentions and physical and verbal attacks by police forces in the context of anti-war demonstrations, in communication RUS 3/2022 sent on 28 March 2022. We look forward to receiving a response to that communication.
ALLEGATIONS
Background
Between 24 February and 8 April 2022, 15,416 people were reportedly arrested nationwide for their participation in peaceful demonstrations against the war in Ukraine. At least 75 of those have faced criminal prosecution.
On 12 March 2022, members of the police reportedly visited vast numbers of homes in Moscow and handed out warnings about “the inadmissibility of actions that create conditions for the commission of offences”, which could be seen as an attempt to discourage peaceful demonstrations that were due to take place the follow day. Loudspeakers were reportedly placed in the centre of Moscow warning that citizens were at the location of a planned illegal event.
On the case of Alexander Teplyakov
On 1 March 2022, Mr. Alexander Teplyakov was detained while going to pick up stickers he had ordered from a printing house that read, “No to war”, and was taken to Presnensky District police station. He was reportedly threatened and beaten in the head by police officers who forced him to reveal the name of another anti-war activist. During the interrogation, one officer reportedly told
Mr. Teplyakov that he would be returned to his parents either “as a corpse or a vegetable” and threatened him with a gun.
Mr. Teplyakov remained at the police station until 3 March 2022, after which he was transferred to a prison on Simferopol Boulevard in Moscow. Family visits were reportedly denied without justification, and he received a beating on one further occasion, reportedly from the same officer who threatened him at the police station. Mr. Teplyakov was released on 11 March 2022 and has
since fled the country.
On the case of Alexei Dmitriev
On 9 March 2022, police arrived to Mr. Alexei Dmitriev’s home with a warrant to search the premises. He was subsequently arrested and brought into custody at a police station in the city of Khimki, Moscow Oblast. He remained there while attending court hearings at Khimki City Court on 10 and 11 March 2022, where he was convicted of “hooliganism” and sentenced to 15 days in prison. The prosecution alleges that the charge was based on obscene language used by Mr. Dmitriev during the home search.
On 24 March 2022, Mr. Dmitriev was presented before the same court on the basis of another charge that had been filed against him, “organising an unsanctioned rally”. He was sentenced to a further eight days in prison. On 1 April 2022 another hearing convicted Mr. Dmitriev on the charge of “disobeying a police officer” and sentenced him to 12 days in prison. The charge reportedly relates to an incident where Mr. Dmitriev fell severely ill in police custody and was unable to rise to his feet.
On 6 April 2022, he was convicted of “incitement of hatred and enmity”, on the basis of a post he had made on social media on 25 February 2022, denouncing the war and comparing the Russian leadership with Nazism. Mr. Dmitriev’s lawyers have reportedly been given very limited access to him in detention centres and at court hearings. Mr. Dmitriev was held at a detention centre in Elektrostal in Moscow until his release on 16 April 2022.
The case of Mr. Abdureshit Dzhepparov
Since 2014, Mr. Abdureshit Dzhepparov and his family have reportedly been subjected to repeated attacks and harassment from authorities. On 27 September 2014, two of his family members disappeared. No investigation was launched by authorities and their whereabouts have remained unknown ever since.
On 19 August 2019, Mr. Dzhepparov published a video to his social media channels in which he compared a Soviet-era military march song, “Aviator’s March”, with a song from Nazi Germany.
On 16 March 2022, members of the Federal Security Service of Russia (FSB) arrived with a warrant to search Mr. Dzhepparov’s home in Sary-Su village of Bilogorsk District in Russia-annexed Crimea. Officials seized a hard drive during the three-hour long search.
Mr. Dzhepparov’s lawyer was reportedly not allowed to be present during the search. Two of Mr. Dzhepparov’s relatives who arrived at the scene were also reportedly detained.
Mr. Dzhepparov and his lawyer appeared before the Belogorsk District Court that same day, on the charge of “propaganda and public display of Nazi araphernalia and symbols” under Article 20.3 of the Code of Administrative Offences of the Russian Federation in relation to the aforementioned video he posted to social media in 2019. He was sentenced to 15 days of administration, which he carried out in Evpatoria Temporary Detention Centre. He was released on 31 March 2022, however he reportedly continues to have significant concerns for his safety.
CONCERNS
In the communication we expressed our deep concern regarding the apparent crackdown on human rights defenders in the context of Russia’s invasion of Ukraine. We are concerned that the information received would imply that that those advocating against the human rights impact of the war, the Russian military, or government policy appear to be at heightened risk of criminalisation. We are deeply concerned in particular by the apparently retroactive criminalisation of Mr. Abdureshit Dzhepparov, who was imprisoned for a post he made to social media about the Russian army two and a half years prior. Of additional concern is the legislation used against him, which prohibits the promotion of Nazi paraphernalia, when the post in question appears to have raised those symbols in a negative light.
We are furthermore alarmed by allegations that human rights defenders have been tortured and ill-treated while in police custody. We are particularly disturbed by reports that Mr. Alexander Teplyakov was beaten multiple times while in detention and received severe death threats from a member of the police force. We are also concerned by the multiple charges filed against Mr. Dmitriev, including a charge of “disobeying a police officer” after falling ill while in police custody. We are concerned that the repeated renewal of Mr. Dmitriev’s detention with new charges, may have unnecessarily prolonged his incarceration, preventing him from carrying out his legitimate human rights work.”
Finally, we remind your Excellency’s Government that failure to notify authorities of an assembly does not, under international law, render it unlawful and urge that the right to freedom of peaceful assembly be upheld in line with international standards.
