Russian Counter-Terror Law Threatens Chechen
Human Rights Group

Alert Issued: September 22, 2004

Human Rights First is deeply concerned that the government of the Russian Federation is using a counter-terrorism law, passed soon after the September 11, 2001 attacks on the United States, to prosecute and intimidate human rights defenders thereby impeding their ability to carry out legitimate human rights work. The Chechen Committee of National Salvation (CCNS), a well-known human rights organization, faces hearings under this law at the end of September 2004 that could result in its closure.

Human Rights First is deeply concerned by the Russian government’s attempts to silence human rights defenders and others seeking to report on human rights conditions in Chechnya and the North Caucasus. In situations of mounting conflict, like that in Chechnya and Ingushetia, the work of human rights defenders as witnesses to violations and in deterring further abuses is essential. Join us in supporting human rights defenders in Chechnya and Ingushetia. Please send the letter below to the Russian government calling for the end to the use of the law “On Countering Extremist Activities” against non-violent human rights defenders.

Background

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. The Russian government has sought to legitimize its use of violent measures that violate local and international law by adopting the rhetoric of counter-terrorism and by pointing to the practices of other governments confronting a terrorist threat, notably those of the United States. In this climate of mounting violence and disregard of the rule of law, the work of human rights defenders has become much more difficult, and in some instances, human rights activists and organizations have been targeted for persecution.

The most significant modification in Russian legislation on counter-terrorism after September 11, 2001 impacting the work of human rights defenders is the 2002 law "On Countering Extremist Activities." The law includes only a vague definition of extremist activities. The broad language of the new law has been criticized by authoritative international bodies like the U.N. Human Rights Committee and the U.N. Committee on the Elimination of Racial Discrimination.

It is a matter of particular concern that the law allows a prosecutor to suspend the work of organizations before a judge has considered the basis or motivation for the suit. When a prosecutor files a suit against an organization claiming that the organization is "extremist" under the 2002 law, the organization's activities can be suspended by the prosecutor if the prosecutor's complaint alleges a threat of damage by the organization. Whether or not the allegations of extremism or damage are found to be true by the court, the organization cannot function legally for up to six months. If the court finds that the organization's activities fit the broad definition of "extremist," the organization will be liquidated. Subjecting human rights organizations to this law violates their right to freedom of association provided for under binding human rights treaties like the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

In August 2004, the prosecutor's office of Ingushetia accused the Chechen Committee of National Salvation (CCNS), a prominent human rights organization based in Nazran, Ingushetia, of disseminating information of an extremist character. The prosecutor's office alleged that CCNS press releases about human rights abuses allegedly committed by Russian armed forces constituted extremist speech under the law "On Countering Extremist Activities."

In September 2004, the Independent Council of Legal Expertise (a renowned group of prominent Russian lawyers) reviewed the press releases - at the request of Ruslan Badalov, the head of the CCNS - and found them to be free of extremist content. However, if the court supports the claim of the prosecutor and recognizes the press-releases as extremist materials, CCNS could be closed down altogether. Ruslan Badalov is under severe pressure and has been threatened on account of his human rights work in the past. If the organization is found to be "extremist," as the leader of CCNS, Mr. Badalov could face criminal prosecution himself.

In the last few years, human rights defenders are facing ever-increasing government pressure. The International Helsinki Federation for Human Rights and the Norwegian Helsinki Committee recently released a report entitled The Silencing of Human Rights Defenders in Chechnya and Ingushetia containing examples of human rights defenders who were recently imprisoned, assaulted or killed. The report found that that attacks on human rights defenders have escalated sharply since the outbreak of the Second Chechen War in 1999. "Persecution of human rights defenders appears to have intensified with the start of the second Chechen war in the fall of 1999." Furthermore, "the report clearly indicates that security for defenders has deteriorated in 2003 and 2004."

After more than 330 people, including many children, were murdered in a school in Beslan, North Ossetia in a brutal attack claimed by Chechen separatists, Russian President Vladimir Putin announced plans to step up counter-terror measures. These measures will further undermine legal protections for basic rights and freedoms in Russia, and will, in all probability, lead to a further deterioration in human rights conditions. Human Rights First fears that in order to dampen local and international criticism of its human rights violations in Chechnya and the North Caucasus the government will tighten its restrictions on human rights defenders seeking to report on conditions in the region. Not only will human rights defenders themselves become innocent victims of illegal repressive measures, but violence on all sides of the conflict is also likely to continue to escalate as government forces wage a lawless counter-insurgency campaign hidden from public view.

As U.N. Secretary General Kofi Annan has repeatedly reminded U.N. member states, human rights are essential tools in the war against terrorism. The Russian government appears to be disregarding this advice and in the process is undermining its own laws and constitution and flouting its obligations in international human rights law.

Instead of branding human rights defenders like Ruslan Badalov and the CCNS as extremists and using exceptional laws to obstruct their legitimate activities the Russian government should be supportive of their work. Under the 1998 U.N. Declaration on Human Rights Defenders, "[e]ach State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in this Declaration are effectively guaranteed." The prosecution against the CCNS should be dropped, and the authorities should stop using the law "On Countering Extremist Activities" to silence non-violent critics of its policies.

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 President Putin:

I am seriously troubled by the prosecution of the Chechen Committee of National Salvation under the Russian Federation’s law “On Countering Extremist Activities.” The Committee is an internationally respected non-violent human rights organization. I urge that this prosecution be terminated and that the intimidation of human rights defenders under counter-terrorism laws be stopped.

The prosecution of the Chechen Committee of National Salvation (CCNS) appears to be in reprisal for its legitimate activities in defense of human rights. The Russian government should be promoting the work of such peaceful human rights organizations, especially in areas of political tension, not obstructing them.

The prosecution of CCNS is but the latest in a series of attempts to silence human rights defenders in Chechnya and Ingushetia as well as other parts of Russia.

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." Prosecuting human rights organizations under the 2002 law “On Countering Extremist Activities” unfairly curtails the right of defenders to organize, conduct research, and publish their work. The important work of human rights defenders in all parts of Russia should be recognized by the government and they should be supported rather than persecuted for their activities.

I strongly urge you to ensure that human rights defenders and the organizations with which they work are not targeted for prosecution or intimidation under counter-terror laws.

I will continue to monitor these cases closely. Thank you for your attention to these most serious matters.

Sincerely,