Your Excellency,
On 21 July 2014, the Ministry of Justice of the Russian Federation registered five prominent Russian non-governmental organisations (NGOs) on the 'Foreign Agents' list. This list now includes Human Rights Centre 'Memorial' (HRC 'Memorial'), 'Public Verdict' Foundation ('Public Verdict'), Interregional Association of Human Rights Organisations 'Agora' ('Agora'), Lawyers for Constitutional Rights and Freedoms (YURIX), as well as a regional eco-organisation from Kaliningrad, Ecozaschita.
Another five NGOs, Association 'Golos', Regional Civic Organisation for the Defence of Democratic Rights and Freedoms 'Golos', Centre for Social Policy and Gender Studies based in Saratov, Women of Don and the Kostroma Centre for Support of Public Initiatives, had been labelled as 'Foreign Agents' by Russian authorities on 9 June 2014 according to the new amendments to 'Foreign Agents' law. These recent amendments came into force on 4 June 2014, allowing the Ministry of Justice to register NGOs as such without their consent.
According to Federal Law number 121-F3 “On Introducing Changes to Certain Pieces of Legislation of the Russian Federation as Regards Regulation of Activities of Non-Commercial Organisations Performing the Functions of Foreign Agents”, an NGO that receives foreign funding and engages in political activities must register as a 'Foreign Agent'. This term is generally understood in Russia as meaning “spy” in the context of espionage and foreign intelligence agents. The phrase “political activities”, as mentioned in the law, has a very broad understanding including influencing public opinion or promoting policy reforms. If an NGO refuses to recognise itself as a 'Foreign Agent', its activities may be suspended for up to six months, its Director may be imprisoned for up to two years, and it may be fined up to 500,000 Russian rubles (approximately € 105,000).
Since the first draft of the 'Foreign Agents' legislation came into force in Russia in December 2012, no independent NGO has voluntarily applied to register as a 'Foreign Agent'. In April 2014, the Russian Parliament (State Duma) initiated a bill which would faciltate the registration of NGOs as a 'Foreign Agent' without their consent.
In April-May 2013, HRC 'Memorial', 'Public Verdict', 'Agora' and YURIX received official notices from local prosecutor's offices that they would have to register as 'Foreign Agents'. However, all four NGOs failed to register and HRC 'Memorial', 'Public Verdict' and YURIX appealed the prosecutor's notices. On 23 May 2014, the Zamoskvoretsky district court of Moscow dismissed the appeal of HRC 'Memorial' against the order issued by the Prosecutor's Office on 29 April 2013.
HRC 'Memorial', together with thirteen other NGOs, has lodged a complaint before the European Court of Human Rights concerning the 'Foreign Agents' Law.
I urge the authorities in the Russian Federation to:
1. Reverse the decisions taken since 9 June 2014 to register the ten aforementioned human rights NGOs as 'Foreign Agents';
2. Repeal the provisions of Law No 121-F3 (the 'Foreign Agents' Law), particularly the recent amendments facilitating registration as a 'Foreign Agent' without the consent of the NGO;
3. Guarantee in all circumstances that all human rights defenders in the Russian Federation are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
Yours sincerely,
