A/HRC/7/45
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Ms. Moskalenko was later allowed to board the flight, which was delayed for a further
40 minutes without further explanation. Ms. Moskalenko was accompanied by defence lawyers
Jury Shmidt, Yevgeny Baru, Leonid Saykin and Konstatin Riskin who were also subjected to a
special security check. The lawyers were travelling to Chitta, Siberia to visit their client
Mikhail Khodorkovsky. The Special Representative expressed her concern that this event may
represent an attempt to prevent lawyers from carrying out their legitimate work in defence of
human rights and may be linked with Ms. Moskalenko’s interaction with the Human Rights
Committee and the European Court of Human Rights.
16. The Russian Government responded to the above communication on 12 April 2007.
According to the Government, passengers Shmidt, Baru, Saykina, Rivkin and Rivkina refused to
present their personal items and carry-on luggage for inspection as provided for by Order
No. 102 of 21 November 1995 on guidelines for inspecting passengers and crew members on
civilian aircraft. In addition, they behaved inappropriately and defiantly, and began an altercation
with officials who were carrying out their duties, thereby provoking a conflict situation. In the
light of the foregoing, the decision was taken to bring them to the duty office of the sectoral
internal affairs department in Domodedovo airport for closer examination, including a records
check. Ms. Moskalenko was not taken to the duty office of the internal affairs department in
Domodedovo. After a pre-flight inspection, which was conducted with their consent, all of the
aforementioned citizens boarded their flight and travelled to their destination. The Government
denies that the pre-flight inspection of Ms. Moskalenko was conducted because of her human
rights activities. Finally, the internal affairs officers acted in accordance with Federal Act
No. 1026-1 (Police Act) of 18 April 1991 and did not exceed their duties. There are no grounds
for the procurator to take any action.
C. General issues of concern
17. The reported acts of reprisal range from harassment, intimidation, attempts or threats to
impose disciplinary sanctions or criminal charges meant to prevent lawful professional activities
of human rights defenders. At best, the alleged victims have to endure harassment or
intimidation or are subjected to judicial or other proceedings designed to put an end to their
cooperation with United Nations human rights bodies, or intended as reprisals against such
cooperation. Information received also includes accounts of human rights defenders who have
been retaliated against for having provided information that was subsequently used by special
procedure mandate holders in their communications with Governments. Other human rights
defenders were reportedly intimidated after they met with United Nations representatives or
participated in various United Nations human rights meetings to share information or provide
testimony about alleged human rights violations. Victims also suffer violations of the most
fundamental human rights, including the right to liberty and security of person.
18. The alleged victims of these abuses are private individuals, lawyers, human rights
defenders or members of non-governmental organizations who were or have been sources of
information about human rights violations for United Nations human rights bodies or who had
met with their representatives. There are also disturbing allegations that family members of
victims of human rights violations have also been the target of intimidation and reprisals.
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