Part on Racial Discrimination

1. Pressure of the authorities on individual ethnic groups: persecutions of Georgians in 2006, restrictions of Chechens’ rights, demolition of Roma settlements and evictions of Roma.

2. Prejudiced policing: selective stops of “visual minorities”, surveillance of certain ethnic communities.

3. Legislation on foreigners bars immigrants from a legal status in Russia and puts former USSR nationals lawfully resident in the country in a position of illegal migrants without a real chance to regularize their position.

4. Refugee status is not granted almost to any asylum seekers or persons who had a refugee status in the past.

5. No efficient ban on discrimination.

6. Non-fulfillment of guarantees towards indigenous peoples, the threat to their access to the necessary natural resources; lack of support to vulnerable groups (Roma).

Recommendations:

- Investigation of cases of discrimination, punishment of the perpetrating officials, compensation of damages.

- Establishment of efficient anti-discriminatory mechanisms, revision of migration and registration legislation and the law on foreigners, ban on ethnic profiling, a simplified legalization of the actually permanent residents.

- Real guarantees to indigenous peoples; real support and integration of Roma, immigrants and other vulnerable groups.

Part on Hate Crimes and Hate Speech

1. The number of hate crimes has recently been growing by 20% a year. The crimes become increasingly crueler; often involve usage of weapons and explosives. The organisations instigating to discrimination and violence as a rule act openly and with impunity.

2. Prosecution of such crimes is getting more active; however, it falls far behind the scale of hate crimes and racist propaganda.

3. Some officials cooperate with racist organisations and/or allow statements, overtly intolerant to particular ethnic groups. For example, propaganda campaigns against opponents on the international arena lead to hate speeches against respective ethnic groups living in Russia.

Recommendations:

- organise effective registration of hate crimes;

- intensify counteraction to such crimes and to the organized racist activity.

Part on Human Rights Violations in the Context of the Fight against Terrorism and Extremism

1. In the legislation the definition of extremism is very broad and unclear; it mixes terrorism with hate crime and harsh forms of protests and criticism. At the same time it stipulates strict sanctions against citizens, organisations and mass media.

2. The number of unlawful prosecutions of political, public and religious (especially Muslim9) groups, mass-media and individuals on extremism charges is growing. Increasingly more often a criminal prosecution is initiated as a retaliation measure for criticism of authorities, the police or the army. Torture is often used against the suspects and the accused.10

3. Charges in terrorism against organisations and citizens are often fabricated. As a part of obligations taken under agreements of Shanghai Cooperation Organisation, individuals, sometimes without trial, are expelled to the countries where torture will be used against them (Uzbekistan, China).11

Recommendations:

- review anti-extremism legislation; define extremism as very dangerous actions involving use of force or instigation to its use;

- stop or reconsider the cases on extremism which involved human rights violations;

- exclude torture of asylum seekers charged with extremism and their expulsion which are contrary to the international commitments of Russia as well as other forms of abuse of laws against them.

Part on Counter-Terrorism and Human Rights: Situation in the North Caucasus (12)

The following methods of “counter-terrorist operations”, especially in the North Caucasus, characterise transformation of the “fight against terrorism” into the state terror:

1. Disproportionate use of force in “special” and “counter-terrorist” operations.

2. Methods used against assumed combatants of illegal armed groups: extra-judicial executions, kidnapping, involuntary disappearances; torture,13 fabrication of criminal cases.

3. A system of organised impunity for officials who commit crimes during “counter-terrorist operations”.

4. Fabrication of criminal cases on “Islamic extremism” which is still going on, even outside the North Caucasus.14

Recommendations:

- conduct investigation by national and international bodies of crimes committed during the “counter-terrorist operations” (including investigation of the hostage rescue operations in the Moscow Nord-Ost theater in 2002 and the school in Beslan in 2004);

- permit visits of the UN special rapporteurs and delegations of the European bodies;

- bring legislation on counter-terrorist operations and their implementation in accordance with the UN and European standards;

- withdraw from the agreements of the Shanghai Cooperation Organisation against “terrorism”, “extremism” and “separatism” which are based on the priority of state interests over human rights and the principle of “non-interference into domestic affairs” in case of human rights violations.15

Part on Discrimination Based on Sexual Orientation and Gender Identity (28)

1. The cases of inaction or unlawful actions by the law-enforcement bodies upon the complaints of gays and lesbians constitute a common practice.

2. The ongoing campaign against homosexuality limits the rights of gays and lesbians for freedom of convictions and their free expression, including the freedom of assembly29. In 2007 there were two cases of unlawful refusal to register NGOs of sexual minorities.

3. Legislation lacks a clear description of the procedure of the change of the sex, nor does it have a definition of the sex.

Recommendations:

- prohibit discrimination on the ground of sexual orientation and gender identity;

- work out and introduce in practice a procedure of the change of the sex.

These extrats have been taken from the collection of materials that has been produced in August-September 2008 by a coalition of Russian NGOs for submission to the United Nations Office of the High Commissioner for Human Rights in the course of preparation of Universal Periodic Review of implementation of international obligations by the Russian Federation in the UN Human Rights Council. The materials have been prepared in accordance with the Office of the HCHR guidelines and include recommendations and references to more detailed reports and publications. The coalition includes the following NGOs: SOVA Center for Information and Analysis, Center for the Development of Democracy and Human Rights, “Public Verdict” Foundation, “Memorial” Human Rights Center, Institute for Human Rights, Moscow Helsinki Group, Center for Social and Labor Rights, “Golos” Association, Glasnost Defense Foundation, Youth Human Rights Movement, Center “Demos”, “Social Partnership” Foundation, “Perspektiva,” “Civic Assistance to Refugees and Forced Migrants” Committee and Interregional Committee Against Torture.

The full text of the report is available here: http://yhrm.org/eng/news/archives/09_2008/?vw=345

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