Feedback On August 24, 2024, the Investigative Committee of Russia opened a criminal case against Ilya Shumanov for “not fulfilling the obligation of the foreign agent” under part 2 of article 330.1 of the Criminal Code of Russia. He faces up to two years in prison. Mr Shumanov, who lives abroad, has been declared wanted by the Russian police.
In July and August 2023, the Basmanny District Court of Moscow twice held him administratively liable for the absence of the “foreign agent” label on his Telegram posts and fined him for the sum of 100,000 rubles (approximately 1,000 euros) under part 4 of article 19.34 of the Code on Administrative Offences of Russia. According to the Russian criminal law, two administrative violations in a row committed during a year are considered a criminal offense, which leads to up to two years of imprisonment.
The Observatory recalls that the law on “foreign agents”, first enacted in 2012, was progressively broadened, initially targeting non-governmental organisations, then unregistered groups, media outlets, journalists and certain categories of individuals. In December 2022, the Federal Law No. 255-FZ titled “Control over the Activities of Persons Under Foreign Influence” was introduced and enacted by Russia’s Parliament, replacing all previous laws regarding “foreign agents”. The law expended further the legal definition of “foreign agents”, making it possible to label any ordinary citizens and organisations without legal personality as “foreign agents”. As of October 4, 2024, there were 470 individuals on the register of “foreign agents”.
Since January 1, 2024, 457 administrative cases were initiated in Russia for non-compliance with the legislation on “foreign agents”. The fines for such cases are significant, allowing the authorities to freeze the bank accounts of those involved and seize any property they have remaining in Russia. After two administrative cases, people labeled as “foreign agents” can face criminal charges and be put on the “wanted” list, making it impossible for them to return to Russia. Human rights activists report that there are currently criminal cases open against 26 individuals. This method has become a common practice to silence journalists and opposition actors and is now being used against human rights defenders.
The Observatory strongly condemns the judicial harassment against Ilya Shumanov, as well as the criminalisation of human rights defenders under the “foreign agents” laws, which appear to be aimed solely at punishing them for and preventing them from carrying on their peaceful and legitimate human rights activities.
The Observatory urges the Russian authorities to remove Ilya Shumanov from the register of “foreign agents” and to immediately drop any legal proceedings against him, as well as to refrain from instituting criminal proceedings against human rights defenders based on the “foreign agents” laws, which are contrary to international human rights standards. All cases initiated against human rights defenders under these provisions should be dropped immediately, and verdicts based on these provisions should be reviewed to ensure wrongful convictions are quashed.
The Observatory further urges the Russian authorities to revoke all laws regarding “foreign agents” that actively target human rights defenders and organisations, as well as any other law incompatible with their fundamental rights, including the rights to freedom of association and expression.
The Observatory finally calls on the authorities in Russia to guarantee in all circumstances the rights to freedom of association and to freedom of expression, as enshrined in international human rights law, and particularly in Articles 19 and 22 of the International Covenant on Civil and Political Rights.
Actions requested:
Please write to the authorities of Russia, urging them to:
- Guarantee, in all circumstances, the physical integrity and psychological well-being of all human rights defenders in the country;
- Remove Ilya Shumanov from the register of “foreign agents” and immediately drop any legal proceedings against him and all other human rights defenders prosecuted under the “foreign agents” laws ;
- Abolish the register of “foreign agents” and rescind the “foreign agent” legislation, which does not provide the necessary legal certainty and does not comply with international human rights law;
- Guarantee, in all circumstances, the rights to freedom of association and expression, as enshrined in international human rights law, and particularly in Articles 19 and 22 of the International Covenant on Civil and Political Rights.
Addresses:
• Mr. Vladimir Putin, President of the Russian Federation, Twitter: @KremlinRussia_E
• Mr. Mikhail Mishustin, Prime Minister of the Russian Federation, Twitter:@GovernmentRF
• Mr. Sergey Lavrov, Minister of Foreign Affairs of the Russian Federation, E-mail: ministry@mid.ru
• Mr. Igor Krasnov, General Prosecutor of the Russian Federation, Email: pressa@genproc.gov.ru
• Mr. Alexander Bortnikov, Director of Federal Security Service (FSS), Email: fsb@fsb.ru
• Permanent Mission of the Russian Federation to the United Nations in Geneva, Switzerland. E-mail: mission.russian@vtxnet.ch
• Embassy of the Russian Federation in Brussels, Belgium. E-mail: mission.russian@vtxnet.ch
Please also write to the diplomatic representations of the Russian Federation in your respective countries.
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Paris-Geneva, October 4, 2024
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
• E-mail: alert@observatoryfordefenders.org
• Tel. FIDH: +33 1 43 55 25 18
• Tel. OMCT: +41 22 809 49 39