A/HRC/32/36/Add.3 545. JAL 11/11/2015. Case no. RUS 6/2015. State reply: 21/12/2015. Alleged charges against 16, and sentencing of seven, Jehovah´s Witnesses, as well as the closure of their local organisations and prohibition on their religious literature for their peaceful religious activities. 546. JAL 25/02/2016. Case no. RUS 2/2016. State reply: 23/05/2016 (not yet available). Alleged liquidation of a human rights organization for its legitimate human rights activities. Observations Responses to communications 547. The Special Rapporteur thanks the Government of Russia for its replies to all his communications sent during the reporting period. Law on Non-commercial Organisations which Carry Functions of Foreign Agents 548. In the case of Ms. Nadezdha Kutepova, director of the human rights organization Planet of Hopes, the Special Rapporteur thanks the Government for its substantial response of 16 November 2015 regarding the listing of the organization as a “foreign agent” by the Ministry of Justice and criminalization of Ms. Kutepova (RUS 4/2015). However, he remains concerned with the listing of associations in the Russian Federation for the reasons outlined below. 549. The Special Rapporteur reiterates his concerns about the definitions under the Law on Non-commercial Organizations which Carry Functions of Foreign Agents (the Law) and restates his concerns from his previous observations report regarding the apparent violation of fundamental rights and freedoms, including the right to freely associate (A/HRC/29/25/Add.3, paras. 436 and 437). He acknowledges that the provisions of the Law are based on a presumption that non-profit organizations act fairly and within the law but remains gravely concerned about the use of such definitions to single out associations that allegedly carry out political activities and is worried about the targeting of human rights organizations. In this context, he shares the observation of the Human Rights Committee that considers the definition of “political activity” in the Law as very broadly construed, allowing authorities to register a wide range of non-governmental organizations as “foreign agents”, without their consent or a court decision (CCPR/C/RUS/CO/7, para. 22). 550. In this context, the Special Rapporteur warns against justifications for excessive intrusive methods based on the need for greater transparency within the civil society sector and emphasizes the highly detrimental impact of such legislation on human rights organisations. He reminds the State of its a negative obligation not to obstruct the exercise of the right to freedom of association and its positive obligation to ensure that civil society, including human rights defenders, in the Russian Federation can carry out their legitimate work free from undue restrictions. Finally, he calls on the Government to ensure that the Law and its application are consistent with international human rights law, including the right to freedom of association, including, inter alia, the International Covenant on Civil and Political Rights ratified by the Federation of Russia in 1973. 551. In the case of Mr. Boris Nemtsov, a prominent political opposition leader, the Special Rapporteur notes the response of the Government of 20 May 2015 and strongly condemns his killing (RUS 1/2015). He restates his request for the authorities to publicly share the results of the criminal investigation into Mr. Nemtsov’s murder, and any relevant judicial inquiries. He would also appreciate additional information about how the relevant investigation body of the Investigative Committee of the Russian Federation operated in accordance with international standards of impartiality, effectiveness and independence, 79

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