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A society under control: misuse of the fight against terrorism and extremism in Russia

Wednesday 29 July 2009

In April 2009, the Russian authorities announced an end to its anti-terrorist operation in Chechnya. However, the recent kidnapping and assassination of Natalia Estemirova, a defender working for the Human Rights Centre "Memorial"in Grozny have served to remind how daily life in that republic is still rife with murders, kidnappings and violence.

Beyond Chechnya, emergency law practices, arbitrary arrests, the use of intimidation and torture and the fabrication of criminal cases are on the increase throughout the Russian Federation. These practices are carried out in the name of the fight against terrorism and extremism in a climate of impunity resulting from the corruption of the judicial system.

These practices are highlighted in a report issued by FIDH and the Civic Assistance Committee entitled "A society under control: misuse of the fight against terrorism and extremism in Russia". The report is the result of an international investigative mission conducted in Russia in 2008 and focuses on the North Caucasus, the Republic of Tatarstan and the cities of the Russian Federation.

The authors of the report analyse the system of the fight against terrorism and extremism. They demonstrate how a complex legislation capable of numerous interpretations is used against the political opposition, the media and NGOs and against followers of "non-traditional" Islam, as witnessed by the trial currently taking place in the town of Kazan (Tatarstan).

FIDH and the Civic Assistance Committee conclude by calling upon the Russian authorities to ensure that the legislation and methods used in the fight against terrorism and extremism are in conformity with the international human rights obligations of the Russian Federation, to take measures to combat torture and to guarantee the principles of independence of the judiciary and rights of the defence as well as freedom of expression, opinion and association.

A press conference to present the report by FIDH and the Civic Assistance Committee took place at 10.30 am on 23 July 2009 at the Independent Press Centre in Moscow.

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Press Release from the FIDH International Board (meeting in Paris from 3 to 5 July 2009)

The members of the FIDH International Board want to express their indignation and disappointment with the decision taken by the Heads of State and Government at the conference of the African Union on 3 July 2009 in Sirte, Libya, where they unanimously agreed to support President Bashir who has been served a warrant of arrest from the International Criminal Court (ICC) for his alleged responsibility for atrocities committed in Darfur.

Although the decision reiterates the commitment of the Heads of State to fight impunity and promote democracy and the rule of law, it also attacks the judicial independence of the Court, violates the treaty obligations of African states that have signed the Rome Statute, and attempts to weaken the international court charged with ensuring respect for the rights to justice for victims of crimes against humanity, war crimes and genocide when the national judiciary does not have the will or the capacity to do so. In their decision, the Heads of State of the African Union refuse to cooperate with the ICC with regard to the arrest and transfer to The Hague of "African personalities", criticise the inopposability of the right to immunity before the ICC and solicit the United Nations Security Council to apply Article 16 of the Rome Statute to suspend the proceedings against al-Bashir.

This resolution by the Heads of State is a grave injustice to the hundreds of thousands of victims who, for years, have been longing for justice and the return to peace, for these people have not received a response from the national courts nor the national, regional or international political bodies. This resolution, in a spectacular manner, confirms the paradox that characterises so many African Heads of State who rise up against criminal pursuit of a member of their own group although in other matters have cooperated with the ICC.

As for the concern expressed in this decision to protect the dignity of the African continent against actions by the international judiciary, the members of the FIDH International Board wish to stress the need to respect the independence of the judiciary and the dignity of the victims for whom the International Criminal Court is the last rampart against the reign of impunity. This is what the 30 African states that are party to the Rome Statute officially – and rightly – endorsed by ratifying it.

FIDH is appealing to the African states to put an end to this double talk by making a resolute commitment to the dignity of the victims and the primacy of law over cynicism and the defence of the interests of one side only.

The FIDH International Board :

President :

Souhayr BELHASSEN

Treasurer :

Philippe VALLET

Vice-presidents :

• Fatimata MBAYE
• Juan Carlos CAPURRO
• Peter WEIS
• Raji SOURANI
• Arnold TSUNGA
• Dismas KITENGE SENGA
• Cynthia GABRIEL
• Amina BOUAYACH
• Aliaksandr BIALIATSKI
• Tanya WARD
• Soraya GUTTIEREZ ARGUELLO
• Karim LAHIDJI
• Yusuf ALATAS
• Vilma NUNEZ
• Dan VAN RAEMDONCK

Secretaries General :

• Luis Guillermo PEREZ
• Paul NSAPU MUKULU
• Florence BELLIVIER
• Driss EL YAZAMI

Presidents of Honour :

• Sidiki KABA
• Patrick BAUDOUIN

Executive Director :

• Antoine BERNARD

Deputy Secretaries General :

• Jiri KOPAL
• Sophie BESSIS
• Janette HABEL
• Elisabeth ALLES

Friday 10 July 2009

Topics: Counter-terrorism, Human rights activists,