On December 12, 2013, the Anti-Discrimination Centre (ADC) “Memorial” was officially declared a “foreign agent” by the Leninsky District Court of St Petersburg, and was ordered to register as such with the Ministry of Justice, according to information received by the Observatory for the Protection of Human Rights Defenders. Today, the court unexpectedly established that all the activities of ADC “Memorial” fall under the definition of “performing the functions of a foreign agent”. Accordingly, for the first time, a court has directly labelled a human rights NGO a “foreign agent”, and did not just order it to register as such. This decision could pave the way to increased harassment of all human rights organisations in the Russian Federation. Read the rest of this entry »
Posts Tagged ‘judicial harassment’
Human rights defenders in Russia should be proud to be ‘Foreign Agents’
November 22, 2013
This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:
- On 6 February 2013, eleven Russian NGOs lodged a complaint with the ECtHR alleging that the ‘Foreign Agents’ law violates four articles of the European Convention on Human Rights, namely Article 10 (Freedom of Expression), Article 11 (Freedom of Association and Assembly), Article 14 (Prohibition of Discrimination), and Article 18 (Limitations on Rights).
- On 13 August 2013, Kostroma Centre for Civic Initiatives Support lodged a complaint with the Russian Constitutional Court arguing that the ‘Foreign Agent’ law violates five articles of the Russian Constitution, namely Article 19 (Equality before the law), Article 29 (Freedom of ideas and speech), Article 30 (Right of Association), Article 32 (Right to participate in managing state affairs), and Article 51 (right not to give incriminating evidence against oneself).
- On 30 August 2013, the Russian Human Rights Ombudsman, Vladimir Lukin, also lodged a complaint with the Constitutional Court against certain provisions of the ‘Foreign Agents’ law. In particular, the Ombudsman argued that the definition of terms ‘foreign agent’ and ‘political activities’, as provided by the law, are politically and legally incorrect.
Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:
- bumper stickers and T-shirts with “I am a foreign agent” (in Russian of course, but supporters abroad could have it in English)
- well-known Russian celebrities could make statements such as: “IF …is a foreign agent ,in that case I am also one!”
- production of video clips that poke fun at the idea, etc
As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.
Related articles
- Civil proceedings against ‘Memorial’ under Russia’s Foreign Agents Law continue (thoolen.wordpress.com)
- We are Foreign Agents! (invisibilityproject.wordpress.com)
Civil proceedings against ‘Memorial’ under Russia’s Foreign Agents Law continue
November 17, 2013On 11 November the Prosecutor’s Office brought a civil lawsuit against Memorial before the Leninsky District Court of St Petersburg after administrative charges against the same organisation ‘ for failing to register as a ‘foreign agent‘ were dismissed by the same court. The Prosecutor’s Office initiated the civil suit on the basis that its failure to register as a ‘foreign agent’ would violate the interests ‘of an undefined group of persons’. Frontline Defenders follows this and other cases in which the ‘foreign agent’ harassment of NGOs in Russia continues. The details of the case are illuminating, including the involvement of a preposterous ‘expert“: Read the rest of this entry »
BANGLADESH: Human Rights Defender Elan of Odhikar now also arrested
November 7, 2013

The Asian Human Rights Commission condemns the detention of ASM Nasiruddin Elan and demands his immediate release. Mr. ASM Nasiruddin Elan, Director of Bangladeshi human rights organization, Odhikar, has been detained in prison by the Cyber Crimes Tribunal of Dhaka, today, November 6, 2013. This detention is part of the continued repression against the whistle-blowers exposing the ongoing State-sponsored gross violations of human rights in Bangladesh. Elan has been charged by the country’s police under the Information and Communications Technology (Amendment) Act, 2013, a draconian law, for publishing fact-finding report on governmental crackdown on the pro-Islamist demonstrators in the early morning of 6 May 2013 in Dhaka. Read the rest of this entry »
Situation of human rights defenders in Africa – overview by Observatory for the Protection of Human Rights Defenders
November 6, 2013The OMCT and the FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders, made an intervention under agenda item 9: “Situation of human rights defenders” at the at the 54th session of African Commission on Human and Peoples Rights [ACHPR] on 5 November.

Human rights defenders were attacked, received threats or were slandered in the DRC, Senegal and Tunisia. In some cases they were even killed, as in the DRC and in Cameroon, in a climate of impunity. Defenders, and in particular defenders of economic, social and cultural rights, also continued to be subjected to arbitrary arrests and judicial harassment in Angola, Cameroon, the DRC, Egypt, Mauritania and Tunisia. Obstacles to freedom of association were also recorded, as for instance in Angola, Egypt and Rwanda. A summary is as follows: Read the rest of this entry »
Human rights defenders working on development issues are increasingly stigmatized, UN Rapporteur tells General Assembly
October 29, 2013
Human rights defenders working on behalf of communities affected by large-scale development projects are increasingly being branded ‘anti-government’, ‘against development’ or even ‘enemies of the State’, the Special Rapporteur for human rights defenders, Margaret Sekaggya, has warned. Read the rest of this entry »
Haiti: Judicial harassment against human rights lawyers continues
October 28, 2013
reports that on 22 October 2013, human rights lawyer André Michel in Haiti was arbitrarily held in police custody after police attempted to carry out a search on his vehicle. He was eventually released the next morning but remains at risk of arrest. André Michel is involved, as legal representative of the complainant, in a case of corruption and embezzlement of public funds allegedly implicating members of the President’s family. Read the rest of this entry »
Wife Of Imprisoned Iranian Lawyer Sentenced For Accepting Human Rights Award On His Behalf
October 14, 2013That there can be a risk in accepting (monetary) awards is demonstrated again by the case of Massoumeh Dehghan, retired teacher and wife of imprisoned human rights lawyer Abdolfattah Soltani in Iran. She told the International Campaign for Human Rights in Iran that her one-year prison sentence for accepting her husband’s human rights award has been upheld (suspended for five years, and five years’ ban on foreign travel). Read the rest of this entry »
Russia: Unprecedented level of harassment against Memorial as “foreign agent”
October 3, 2013The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), reports on 2 October 2013 on the ongoing judicial proceedings against the Anti-Discrimination Centre “Memorial” (ADC Memorial), which has now become the first NGO in Russia facing both administrative and civil proceedings for the same “offence” on the basis of the law on so-called “foreign agents”. Read the rest of this entry »
Today Rafto announces that its Award goes to the Bahrain Centre for Human Rights
September 26, 2013The Bahrain Centre for Human Rights, whose founder and director are both jailed, wins Norway’s Rafto Prize for rights defenders. The award hopes to “turn the spotlight on systematic violations of human rights in a region where abuse is too often met with silence from Western governments,” the Rafto Foundation said in a statement on 26 September. The founder of the centre, Abdul Hadi al-Khawaja, is serving a life sentence in jail after he and several other leading opposition figures were convicted of plotting to overthrow the monarchy. They were arrested in April 2011, in the wake of the Sunni-monarchy’s crackdown on a month of Shiite-led protests that demanded political reforms. Meanwhile the centre’s director, Nabeel Rajab, has been in jail for more than 14 months, serving a three-year jail term for taking part in unauthorised protests. The prize jury commended the rights group for its non-violent protests and documentation of human rights violations, despite government attempts to shut it down. The Bahrain Centre for Human Rights was, inter alia, also one the Final Nominees for the MEA of 2012 and received the Baldwin Medal
The annual Rafto award was founded in 1986 in memory of Norwegian economic history professor Thorolf Rafto, a longtime human rights activist. The 15,000 Euro prize will be presented on November 3 in Bergen.
via Bahrain rights group wins Norwegian award | GlobalPost.
