A/HRC/44/50/Add.4
uphold the human rights of LGBTI persons. The demonstration took place more than 20 days
after the Ankara Administrative Appeals Court lifted the ban that had been introduced by the
Governor of Ankara under the state of emergency. Furthermore, the Special Rapporteur had
pointed out, that the same Court had ruled that the ban was unlawful and restricted rights and
freedoms in unconditional, vague, and disproportionate ways. Furthermore, the Special
Rapporteur stresses that peaceful protests should be subject to a notification regime, rather
than an authorisation regime, and even failure to notify authorities of a protest does not, in
and of itself, render a protest unlawful. The Special Rapporteur thanks the Government of
Turkey for its response dated 9 April 2020. However, he must respectfully disagree that the
responsibility lies with the management of the university, especially when security forces
disperse and arrest demonstrators. Moreover, he still considers the use of pepper spray
excessive, despite the explanations of the government, given that the protesters were peaceful
and the government at no point mentioned fear for the safety of its security forces or any
other persons present.
Freedom of association
100. This report provides observations to communications sent by the Special Rapporteur
concerning the right to freedom of association to Kzrgzyztan and the Russian Federation,
during the reporting period.
101. The Special Rapporteur expressed concern over the introduction of draft law No. 628018/19 in Kzrgzyztan, which would introduce amendments to the Law on NonCommercial Organizations (KGZ 1/2020). At the time of writing of the report the draft law
was still in consultation. The Special Rapporteur thinks that if adopted, the draft law may
have a significant and detrimental impact on the operations of all civil society organizations
in Kyrgyzstan, including those that provide essential services. In his view, the amendments
would unnecessarily and disproportionally restrict the right to freedom of association, as
provided by Article 22 of ICCPR. The draft law would add additional reporting requirements
to the existing annual income and expense reports. NGOs would need to detail the size and
structure of their income and expenditures as well as the number of employees, volunteers
and their remuneration. If NGOs fail to fully comply, they would face liquidation within a
year. State authorities would also be allowed to undertake ad hoc inspections of NGO
premises and request additional documentation and other information. The Special
Rapporteur notes, that while States may have a legitimate interest in establishing reporting
requirements to registered associations to ensure their compliance with the law, these
requirements should not limit associations’ functional autonomy and operation, by adding
costly and protracted burdens. The listed new reporting requirements provided in the draft
law duplicate existing reporting requirements to the Ministry of Justice, which may be
burdensome for organizations, especially for small organizations that do not have the same
financial capacities and resources as larger ones. Unfortunately the Special Rapporteur
regrets that he has not yet received a reply from the Government of Kyrgyzstan.
102. The Special Rapporteur expresses his serious concerns over raids, seizures of
property, prosecution, dissolution and interdiction relating to the human rights NGOs Justice
Initiative, Memorial, Center of Support for the Indigenous Peoples of the North, Siberia
without Torture and People in Need (RUS 9/2019). Many of the actions by the security forces
during the raids and seizures of properties seem to have involved irregularities and dubious
practices. One of the raids seems to have been conducted without presenting a search warrant.
In a different case, failure to comply with certain administrative formalities, such as outdated
legal address of the organisation and non-compliance of the Charter with new legislation was
used as a reason to close the NGO down The Special Rapporteur considers the closure of the
NGO to be disproportionate punishment for administrative irregularities of this kind.
Multiple of the NGOs mentioned above have been branded as “foreign agents” or
“undesirable organisations”, which has made it either very difficult or almost impossible to
run these NGOs without fear of persecution, fines or imprisonment. The Special Rapporteur
considers the measures to be aimed at stopping the organisations from continuing their human
rights work. Moreover, the actions taken against them appear manifestly disproportionate in
regard to the administrative irregularities upon which they are, for the most part, based. He
also expresses his concern about the consistently negative effects of the implementation of
the “Foreign Agents Law” and the “Law on undesirable agents”. The Special Rapporteur
23
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