Russian Rights Leader Faces Prosecution and Needs
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UPDATE: The prosecutor's office has charged Stanislav Dmitrievsky with the crime of "inciting hatred or enmity on the basis of ethnicity and religion" and his trial is expected to begin in mid-September. Human Rights First will be closely monitoring this trial and will provide updates on important developments.

Stanislav Dmitrievsky, a Russian human rights defender, has been threatened with prosecution for the second time this year. Mr. Dmitrievsky is the editor-in-chief of the newspaper Pravozaschita (“Human Rights Defense”) and managing director of the Russian-Chechen Friendship Society (RCFS), a human rights organization based in Nizhny Novgorod.

On August 11, 2005, a prosecutor interrogated Mr. Dmitrievsky about his political views and informed him that he could face trial for “inciting hatred or hostility between national groups.” This is not the first time Mr. Dmitrievsky has been threatened with prosecution; in January 2005 he was interrogated and investigated under an anti-extremism law.

The threats of prosecution facing Mr. Dmitrievsky appear to be part of an ongoing campaign against RCFS – that includes singling the organization out for administrative and tax inspections – designed to stifle its criticism of Russian policies in Chechnya. Please join Human Rights First in showing support for those who dare to speak out against human rights abuses in Russia.

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In the atmosphere of heightened global concern about the threat of terrorism following the September 11, 2001 attacks in the United States, Russian Federation authorities have stepped up pressure against those who criticize its policies in Chechnya and the North Caucasus. In The New Dissidents: Human Rights Defenders and Counterterrorism in Russia, Human Rights First reports that the Russian government has sought to legitimize its use of measures that violate local and international law by adopting counterterrorism rhetoric and by pointing to the practices of other governments confronting a terrorist threat, notably those of the United States. Russian authorities now appear to be intimidating human rights defenders by misusing laws ostensibly designed to combat xenophobia and hate crimes.

On January 20, 2005, the Russian Federal Security Service (FSB) interrogated Stanislav Dmitrievsky about his activities as editor-in-chief of Pravozaschita (“Human Rights Defense”), a publication of the Russian-Chechen Friendship Society (RCFS) and the Nizhny Novgorod Human Rights Society. Mr. Dmitrievsky is the managing director of RCFS.

The FSB questioned Mr. Dmitrievsky about two articles published in 2004 that called for peace in Chechnya and accused Russian President Vladimir Putin of fueling conflict in the region. One of the authors wrote, “I extend a hand of peace to the Russian people over the head of your president.” The author also asked Russians to vote against Putin in the 2004 presidential election.

The FSB threatened Mr. Dmitrievsky with prosecution under Russian Criminal Code Article 280 for “public calls to carry out extremist activity.” In conducting their criminal investigation, they interrogated Mr. Dmitrievsky and other members of RCFS staff, collected personal data including addresses of correspondents in Nizhny Novgorod and in Chechyna, and searched through RCFS files. Mr. Dmitrievsky was never charged with a crime, so was not afforded the legal rights provided to the criminally accused.

Legal experts with the FSB and the Independent Law Council of Experts concluded that the articles in Pravozaschita did not violate the counter-extremism law.

On August 11, the Nizhny Novgorod prosecutor once again summoned Mr. Dmitrievsky for questioning, and informed him that he is suspected of inciting hatred or hostility between national groups under Article 282 of the Criminal Code. This provision criminalizes “actions aimed at inciting hatred or hostility and at disparagement of either an individual or a group of people according to their gender, race, nationality, background, religious beliefs as well as belonging to any social group that are committed publicly or through mass media outlets.” If prosecuted and convicted, Mr. Dmitrievsky could fact up to two years in prison.

These threats of prosecution appear to be part of a pattern of official efforts to silence the Russian-Chechen Friendship Society and its members by tying up its resources in legal battles so that it cannot conduct its critical monitoring work on the human rights situation in Chechnya. For example, as a result of a tax audit, authorities are demanding thousands of dollars in fines for grants previously received by RCFS. Authorities have changed the basis of their claims several times, exploiting contradictions between Russian Tax Code and the Law on Charity Donations. The organization could face closure as a result.

Instead of using criminal laws to obstruct the legitimate activities of human rights defenders like Stanislav Dmitrievsky and the Russian-Chechen Friendship Society, the Russian government should support their critical work. Under the 1998 UN Declaration on Human Rights Defenders, all persons have the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” Unwarranted investigations and threats of prosecution curtail the right of defenders to monitor human rights violations and publish their findings and opinions. The Nizhny Novgorod Prosecutor’s Office should drop the pending criminal case against Mr. Dmitrievsky and cease all attempts to shut down the Russian-Chechen Friendship Society.

Sample Letter:

President Vladimir Putin
c/o H.E. Ambassador Yuri V. Ushakov
Embassy of the Russian Federation to the United States
2650 Wisconsin Ave, NW
Washington, DC 20007
Fax: 202-298-5735

Dear Mr. Ushakov:

I am seriously concerned about the most recent threat of prosecution faced by Stanislav Dmitrievsky, editor-in-chief of the Pravozaschita newspaper and managing director of the Russian-Chechen Friendship Society (RCFS) based in Nizhny Novgorod. I urge the Nizhny Novgorod Prosecutor’s Office to discontinue all criminal investigations and cease any further action against Mr. Dmitrievsky or RCFS.

Recent investigations into the activities of RCFS appear to be part of a pattern of official efforts to silence the organization and its members. On January 20, 2005, Mr. Dmitrievsky was summoned as a witness in a criminal investigation into Pravozaschita under Article 280 of the Russian Criminal Code for “public calls to carry out extremist activity.” The Federal Security Service (FSB) and the Independent Law Council of Experts concluded that the newspaper contained no material that could be considered illegal under that article. Then on August 11, Mr. Dmitrievsky was informed that he is suspected of committing a crime under Article 282 of the Criminal Code. This article refers to “actions aimed at inciting hatred or hostility and at disparagement of either an individual or a group of people according to their gender, race, nationality, background, religious beliefs as well as belonging to any social group that are committed publicly or through mass media outlets.”

The Russian-Chechen Friendship Society is an internationally respected human rights organization that was recognized for its human rights work by the International Helsinki Federation in 2004. Mr. Dmitrievsky and RCFS should be free to engage in their legitimate activities in pursuit of human rights without official threats and intimidation.

According to the 1998 UN Declaration on Human Rights Defenders, all persons have the right “freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.” Intimidation of human rights organizations through unwarranted investigations and threats of prosecution curtails the right of defenders to monitor human rights violations and publish their findings and opinions.

Government officials should recognize the important work of human rights defenders and should support defenders rather than persecute them for their activities. I strongly urge the Nizhny Novgorod Prosecutor’s Office to drop the pending criminal case against Mr. Dmitrievsky and the Russian-Chechen Friendship Society.

I will continue to monitor this case closely. Thank you for your attention to this most serious matter.

Sincerely,