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,
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