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 Russia on 30 April 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since the communication was sent, Ms. Lutfiye Zudiyeva was found guilty by the Magistrate Judge of Judicial Sector No. 10 in Simferopol under part 2 of article 13.15 of the Code of Administrative Offenses of the Russian Federation, resulting in a RUB 2000 fine. Both court decisions against her were upheld on appeal. Ms. Zudiyeva continued to face harassment: on 6 May 2024, a police officer visited her for questioning at the request of the Center for Combating Extremism. The next day, another officer handed her a warning concerning the “inadmissibility of extremist activities” and “law violations during mass events,” without specifying details.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged home search and seizure of Ms. Lutfiye Zudiyeva’s electronic devices, her arrest and detention, and administrative charges leveled against her, all reportedly in connection with her legitimate human rights work and the exercise of the freedom of expression.
Ms. Lutfiye Zudiyeva is a woman human rights defender, a journalist, and a member of the human rights group Crimean Solidarity, which defends the rights of people subjected to politically motivated persecution in Crimea1 and their families.
ALLEGATIONS
On 22 February 2024, between 6.00 and 8.40 a.m., a search was conducted at Ms. Lutfiye Zudiyeva’s house in the town of Dzhankoi, Crimea.
The search was allegedly conducted by around 13-18 armed men, the majority of whom were wearing masks, while two female witnesses were present. The men arrived in five cars, three of which reportedly lacked license plates. Some of them reportedly scaled the fence of Ms. Lutfiye Zudiyeva’s residence and then proceeded to open the gate for the others. The men allegedly failed to introduce themselves. Nevertheless, based on her previous human rights work, Ms. Zudiyeva reportedly recognized two officers from the Centre for Combating Extremism, a unit within the Ministry of Internal Affairs of the Russian Federation, among them.
Before the search, the men read out an order from the Kyiv District Court of Simferopol, but allegedly refused to provide a copy. Furthermore, the court order that was read aloud authorized a visual inspection of the premises, and the conducted search exceeded its intended scope. The search took place in the absence of defense lawyers, who arrived at the scene but were denied entry to the house. The men seized a video surveillance recorder, all phones, and a laptop, and reportedly declined to provide Ms. Zudiyeva with a copy of the protocol documenting the seizure.
After the search, the men arrested Ms. Lutfiye Zudiyeva. Despite knowing that she is a practicing Muslim, they physically touched her during the arrest.
Ms. Zudiyeva was then taken to the office of the Ministry of Internal Affairs of the Russian Federation for the Republic of Crimea at 19 Dekabristov Street in Simferopol. During the journey, officers from the Centre for Combating Extremism reportedly informally inquired about her work and various events in Crimea. Upon arrival, they allegedly questioned her about journalistic activities and social media usage. Around 12.00 p.m., Ms. Zudiyeva was released but accused of committing administrative offenses under parts 2 and 2.1 of article 13.15 of the Code of Administrative Offenses of the Russian Federation (“abuse of freedom of mass media”). The accusations claimed that in two posts concerning the persecution of alleged Hizb ut-Tahrir members on her personal Facebook page, she failed to mention that this organization is recognized as a terrorist group in the Russian Federation. Additionally, in two other Facebook posts regarding the disbarment of lawyers and the imprisonment of a journalist, she mentioned Radio Free Europe/Radio Liberty without acknowledging that this organization is designated as a “foreign agent” according to Russian laws.
Ms. Zudiyeva’s arrest was documented by protocol under article 27.2 of the Code of Administrative Offenses of the Russian Federation (“delivery, that is, the forcible escorting of an individual, for the purpose of drawing up a protocol on an administrative offense in cases where it is impossible to draw it up at the scene of the administrative offense detection”).
On 20 March 2024, the Kyiv District Court of Simferopol found Ms. Lutfiye Zudiyeva guilty under part 2.1 of article 13.15 and imposed a fine of RUB 2500 (EUR 25). The hearing took place without Ms. Zudiyeva. She arrived three minutes late and informed the court through her lawyer, but the court did not allow her to participate. Ms. Zudiyeva is planning to appeal the court ruling.
The alleged offense under part 2 of article 13.15 is considered by the Magistrate Judge of Judicial Sector No. 10 in Simferopol.
CONCERNS
In the communication, we express concern as to the alleged home search and seizure of Ms. Lutfiye Zudiyeva’s electronic devices, her arrest and detention, and administrative charges leveled against her, all of which appear to be related to her legitimate human rights work and the exercise of the freedom of expression. We also express our grave concern regarding the continuous intimidation and harassment of the human rights defenders in Crimea in connection to their human rights work. We remain concerned at the chilling effect that this might have on all individuals wishing to express themselves freely and to participate in public affairs in Crimea, discouraging them from exercising their rights.
- References to Crimea should be read in accordance with General Assembly Resolution 68/262, in which the General Assembly affirmed its commitment “to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognised borders” (A/RES/68/262, Paragraph 1) ↩︎
