Russia
Russia
The Russian Federation has a centralized political system, with power concentrated
in a president and a prime minister, a weak multiparty political system dominated
by the ruling United Russia party, and a bicameral legislature (Federal Assembly).
The Federal Assembly consists of a lower house (State Duma) and an upper house
(Federation Council). The country has an estimated population of 142 million.
Security forces generally reported to civilian authorities; however, in some areas of
the Northern Caucasus, there were serious problems with civilian control of
security forces.
There were numerous reports of governmental and societal human rights problems
and abuses during the year. The restrictions on political competition and
interference in local and regional elections in ways that restricted citizens' right to
change their government continued. There were reports of: attacks on and killings
of journalists by unidentified persons for reasons apparently related to their
activities; physical abuse by law enforcement officers, particularly in the North
Caucasus region; and harsh and often life-threatening prison conditions. Arbitrary
detention and politically motivated imprisonments were problems. The government
controlled many media outlets and infringed on freedoms of speech and
expression, pressured major independent media outlets to abstain from critical
coverage, and harassed and intimidated some journalists into practicing self-
censorship. The Internet remained by and large free and provided citizens access to
an increased amount of information that was not available on state-controlled
media. The government limited freedom of assembly, and police at times used
violence to prevent groups from engaging in peaceful protest. Rule of law and due
process violations remained a problem.
The conflict between the government and insurgents, Islamist militants, and
criminal forces in the North Caucasus led to numerous human rights violations by
all parties, who reportedly engaged in killing, torture, abuse, violence, and
politically motivated abductions, often with impunity. In Dagestan and Kabardino-
Balkariya, the number of attacks on law enforcement personnel increased
markedly. Violence generally decreased in Chechnya and Ingushetiya in
comparison with 2009, but there were some high-profile attacks on regional
government targets. The number of persons killed in the region declined slightly
from 2009; however, the number of injured, especially among civilians, increased
significantly. Thousands of internally displaced persons (IDPs) in the region lived
in temporary centers that failed to meet international standards.
Section 1 Respect for the Integrity of the Person, Including Freedom From:
There were reports the government or its agents committed politically motivated
killings and other arbitrary killings, particularly in the Caucasus region (see section
1.g.). In many cases the government did not punish the perpetrators.
In the Caucasus areas of conflict, there were numerous killings during the year by
both authorities and militants (see section 1.g.).
On January 20, Tomsk resident Konstantin Popov, who was arrested for public
intoxication, died in police custody after policeman Alexey Mitayev beat him and
shot him in the genitals. Authorities arrested Mitayev and charged him with assault
and abuse of authority. Mitayev faced 10 years in prison on charges of "intentional
infliction of a grave injury leading to death by negligence" and "exceeding official
3
RUSSIA
powers with the use of force." On January 22, the Kremlin fired the chief of the
Tomsk police force, General Viktor Grechman, in reaction to the killing. First
Deputy Prosecutor Aleksander Buksman called for the control of holding cells for
drunks to be transferred to the health and social development ministry.
The Ministry of Defense reported 14 deaths as a direct result of hazing during the
year (see section 1.c.). However, the Committee of Soldiers' Mothers estimated the
actual number of deaths during the year due to violence among soldiers, including
those who died in hospitals, upon discharge or because of lack of medical care, to
be approximately 2,000. As in past years, human rights observers noted that few of
the persons accused in such incidents were prosecuted or otherwise held
accountable.
On May 31, Albert Kiyamov fell to his death out of a fourth story barracks
window, five days after reporting for military duty. Although the death was ruled a
suicide, Kiyamov had endured days of beating and humiliation at the hands of his
sergeant, Sergey Lugovets, against whom criminal charges were filed.
There was a report of a death during the year related to denial of medical care in a
pretrial detention center. On April 30, Vera Trifonova died after awaiting trial for
more than four months in the Matrosskaya Tishina pretrial detention center. The
lead investigator in the criminal case against her was charged with criminal
negligence. Human rights observers charged that she was denied treatment for her
worsening condition in order to force her to make a false confession (see section
1.c.).
No charges resulted from an investigation into the 2009 death in a Moscow pretrial
detention prison of lawyer Sergei Magnitskiy (see section 1.c.).
On April 12, Moscow judge Eduard Chuvashov was shot and killed in the stairwell
of his apartment in central Moscow. In February he had imposed stiff sentences on
4
RUSSIA
several members of the White Wolves fascist organization, finding nine of them
responsible for 11 killings. This group was reportedly linked with the nationalist
group Combat 18. Chuvashov had earlier convicted members of another nationalist
group of killing 20 persons and attempting to kill 12 others. At year's end no
suspects were apprehended in the case.
On December 23, the Moscow city prosecutor's office filed a criminal case against
Nikita Tikhonov and Yevgenia Khasis, who were arrested in November 2009 and
charged with the January 2009 shooting death of human rights lawyer Stanislav
Markelov and journalist Anastasiya Baburova. The attack occurred shortly after
Markelov held a press conference to criticize the early parole of Colonel Yuriy
Budanov, who in 2000 raped and strangled an 18-year-old Chechen girl. The
prosecutor's office charged the pair with murder. Both individuals were reportedly
closely associated with the Russian nationalist group Russian Way.
Rebel forces committed extrajudicial killings in the conflicts in the North Caucasus
area (see section 1.g.).
b. Disappearance
The constitution prohibits such practices; however, there were numerous, credible
reports that law enforcement personnel engaged in torture, abuse, and violence to
coerce confessions from suspects, and there were allegations authorities did not
consistently hold officials accountable for such actions. There is no law defining
torture, and prosecutors are only able to bring charges of simple assault or
exceeding authority against police suspected of engaging in torture.
Physical abuse of suspects by police officers usually occurred within the first few
hours or days after arrest. Some of the methods reportedly used included beatings
with fists, batons, or other objects. A February 2009 report by the commissioner
for human rights (ombudsman) noted that one-third of the complaints submitted to
his office involved human rights violations by law enforcement authorities.
On June 17, police in Dagestan beat human rights lawyer Sapiyat Magomedova at
a police precinct after she tried to gain access to a client.
On August 31, Kstovo police allegedly beat 17-year-old Nikita Kaftasev, after
detaining him on suspicion of committing an unspecified crime. The boy was
dropped off at a city hospital the next morning, where he underwent emergency
surgery; he reportedly sustained permanent damage to his genitals.
Security forces at times beat journalists and protesters (see sections 2.a. and 2.b.).
During the year, reports by refugees, NGOs, and the press suggested a pattern of
police beatings, arrests, and extortion when dealing with persons who appeared to
be of Caucasus, Central Asian, African, or Romani ethnicity.
In June a Moscow court dismissed the case against former Yukos Oil Company
vice president Vasiliy Aleksanyan due to an expiration of the statute of limitations.
Aleksanyan, who was charged with assisting Yukos in tax evasion in 2006 but
never tried, was HIV positive and had been diagnosed with lymphatic cancer and
tuberculosis. He initially was held in a prison, rather than a hospital, but was
released in 2009.
On October 25, unknown assailants beat Sochi activist Mikhail Vinyukov with
metal rods. He was treated for a concussion, stab wounds, severe lacerations, and
bruises, among other injuries. Observers linked the attack to Vinyukov's work on
anticorruption issues. Vinyukov is the head of a branch of the NGO White Tape,
whose manifesto is to protect citizen rights and interests. According to the Other
Russia Web site, Vinyukov's life was threatened after he released a recording of a
conversation between the head of the Sochi Resort Service and Tourism
Department, Vladimir Shiroky, and the director of the Lagarevsky Rest Tourism
Company, Galina Panaetova, which lead to Panaetova's arrest for bribery.
There was no indication the authorities were investigating the attack on human
rights activist and former parliamentarian Lev Ponomaryov in April 2009.
There was no indication authorities were investigating the April 2009 attack on
Stanoslav Yakovlev, a member of the Solidarity opposition party, or the July 2009
shooting assault on Albert Pchelintsev, a local anticorruption activist and freelance
journalist from the Khimki region.
In December 2009 police arrested the deputy head of the Khabarovskiy Kray
Prosecutor's Office, Viktor Basov, for allegedly raping three juvenile girls. An
investigator opened a criminal case against Basov, but the Khabarovsk Kray chief
8
RUSSIA
prosecutor refused to proceed. A federal prosecutor reopened the case, and Basov
began his trial for rape in October.
Several deaths occurred as a direct or indirect result of military hazing during the
year (see section 1.a.).
On September 16, a young recruit, Andrei Starkov, was found dead in a military
unit in Khabarovsk Krai. Starkov began his military service in June but was found
hanging with no visible injuries. Investigators stated they had no evidence his
death was caused by hazing, but his girlfriend and parents reported he had shown
no signs of suicidal or abnormal behavior.
9
RUSSIA
During the previous year, seven soldiers had been found hung in military units in
Khabarovsk Krai, and in only one of these cases did the military accept
responsibility for the recruit's death.
Rebel forces engaged in the conflict in the North Caucasus region reportedly
tortured and otherwise mistreated civilians, as well as participants in the conflict
(see section 1.g.).
Prison conditions in many facilities remained extremely harsh and at times life
threatening. Authorities permitted some monitoring by independent
nongovernmental observers. Refusal by authorities to provide needed medical
attention resulted in at least one death during the year (see section 1.a.). The
Ministry of Justice's Federal Service for the Execution of Sentences (FSIN)
administered most of the penitentiary system from Moscow. According to an
official FSIN prison survey conducted in February, 862,300 persons were in
custody, including 8,500 juveniles and 55,300 women. Of these, 734,300 were held
in labor colonies and 129,800 in pretrial detention centers. Detainees were held in
five basic forms of custody: temporary police detention centers, pretrial detention
facilities (SIZOs), correctional labor colonies (ITKs), prisons designated for those
who violate ITK rules, and educational labor colonies (VTKs) for juveniles.
10
RUSSIA
Sergey Pysin, the lead investigator in the criminal case against Vera Trifonova who
died on April 30 after awaiting trial for more than four months in Moscow's
Matrosskaya Tishina pretrial detention center, was charged with criminal
negligence. Trifonova, a businesswoman, suffered from severe diabetes, chronic
kidney failure, was nearly blind, and required a wheelchair. Human rights
observers claimed she was denied treatment for her worsening condition to force
her to provide false testimony. President Medvedev ordered an investigation and
the deputy head of the investigative committee for the Moscow Oblast reportedly
was fired.
The case of Sergey Magnitskiy, a pretrial detainee who died while in police
custody in November 2009, continued. In July Investigative Committee Head
Aleksandr Bastrykin opened a criminal case against Interior Ministry (MVD)
personnel who had initially overseen the Magnitskiy case. Authorities were
purportedly moving slowly because important persons were implicated (see section
4).
of 200,000 rubles ($6,613) or a prison term of two years. A trial began on June 30
and continued at year's end.
Federal standards call for a minimum of approximately 43 square feet per inmate,
which is less than the 75-square-feet standard set by the European Convention on
Human Rights. Widespread overcrowding remained a problem; however, the NGO
Penal Reform International reported some progress in meeting this standard.
President Medvedev moved to reduce the prison system's chronic overcrowding
problem by issuing more pardons than his predecessor, and in August the
government implemented a broader use of punishment short of prison for persons
convicted of lesser crimes.
As of June 2009, 62 VTKs held 8,500 juvenile prisoners. Conditions in the VTKs
were significantly better than in the ITKs, but some juveniles in the VTKs and
juvenile SIZO cells reportedly were beaten or raped. While juveniles were
generally held separately from adults, there were two prisons in Moscow and one
in St. Petersburg where children and adults were not separated.
The law regulating public oversight of detention centers allows public oversight
commission representatives to visit the facilities and has been operational in at
least 70 regions since the fall of 2009. Regional NGOs are active in the
commission's work. Additionally, since the April 2009 signing of a decree by
Interior Minister Rashid Nurgaliyev, human rights groups have been allowed to
monitor conditions of arrest and detention for pretrial detainees.
However, the decree lacked firm instructions on its implementation, leaving the
discretion to cooperate to authorities. The decree also required that officials be
present during any discussions of conditions with prisoners. The liberal newspaper
Noviye Izvestiye reported in October 2009 that the law had achieved mixed results,
with some prison officials highly cooperative and others obstructionist, although in
the latter case human rights advocates attributed the problem to lack of education
among prison officials about the new law.
Human rights observers were able to visit most of the country's 765 prison and
detention facilities. Since 2004 authorities have refused to grant the International
Committee of the Red Cross (ICRC) access under its standard criteria to persons
detained as part of the conflict in Chechnya, and the ICRC as of year's end still did
not have any access to these detention facilities.
According to the NGO Memorial, during the year the human rights group
Committee of Societal Observers visited detention centers in the North Caucasus,
where they documented continuing abuses.
According to observers, persons convicted for minor offenses may often spend six
months in prison before having a chance for parole.
The law prohibits arbitrary arrest and detention; however, in practice they
remained problems.
13
RUSSIA
The Ministry of Interior, the Federal Security Service (FSB), and the office of the
prosecutor general (Procuracy) are responsible for law enforcement at all levels of
government. The FSB is responsible for security, counterintelligence, and
counterterrorism, but it also has broader law enforcement functions, including
fighting crime and corruption. The Procuracy has authority over the FSB, and the
Investigative Committee, an independent body, has the authority to investigate
crimes of individuals in the FSB. The national police force, under the Ministry of
Interior, is organized at the federal, regional, and local levels.
In February the magazine New Times published accusations that the special
purpose police detachments (OMON) employed slave labor and had permission to
use excessive force when disbanding unauthorized demonstrations (see section
2.a.).
On March 10, legislators from the state Duma security committee sent an official
request to Prosecutor General Yuriy Chayka to provide an explanation for an
incident in which the Moscow traffic police used civilians' vehicles with persons
inside as a human roadblock to stop a car carrying suspected armed criminals.
Stanislav Sutyagin, one of the men whose car was damaged, told his story on
Youtube. Sutyagin noted the traffic police later informed the car owners that since
the criminal vehicle got away, they would not be compensated for their car
damages.
A new law empowered the FSB to issue warnings to individuals whom they
believe to be creating the conditions for a criminal act "against the country's
security." The new law imposes fines and detention of up to 15 days for
individuals judged to have hindered the work of an FSB employee.
According to the Ministry of Interior Web site, MVD officials committed 125,000
offenses during the year (21 percent more than in 2009). Of this number, an
estimated 63,000 involved misconduct or disciplinary violations, and 4,171
criminal cases against police officers were initiated.
On January 22, Aleksey Dymovskiy, a former police officer who gained notoriety
for his Youtube video in which he accused the Novorossiysk police force of
corruption, was arrested and charged with defrauding the police department of
14
RUSSIA
24,000 rubles ($775). He was held in pretrial detention for two months, and then
released (see section 4).
On August 2, police in Tatarstan detained human rights lawyer Rustem Vliullin for
two days. Vliullin claimed one officer from the counterextremism department beat
him and another officer threatened to kill him. He was arrested after videotaping
police when they stopped his client for a traffic violation. He was never charged
with a crime, and he filed a suit against the police.
By law an individual may be taken into custody for up to 48 hours without court
approval if arrested at the scene of a crime, provided there is evidence of the crime
or a witness. Otherwise a court-approved arrest warrant is required. After their
arrest, detainees are typically taken to the nearest police station, where they are
informed of their rights. Police are required to document in writing the grounds for
the detention. This document is to be signed by the detainee and the police officer
within three hours of detention. Police must interrogate the detainee within the first
24 hours of detention. Prior to interrogation the detainee has the right to meet with
an attorney for two hours. No later than 12 hours after detention, police must notify
the prosecutor. They must also notify the detainee's relatives unless a prosecutor
issues a warrant to keep the detention secret.
Police are required to release a detainee after 48 hours, subject to bail conditions,
unless a court decides to prolong custody in response to a motion filed by police no
later than eight hours before the expiration of the 48-hour detention period. The
defendant and attorney must be present at the court hearing. By law police must
complete their investigation and transfer the case file to a prosecutor for
15
RUSSIA
arraignment within two months of a suspect's arrest, although a court may extend a
criminal investigation for up to six months in cases classified as complex. With the
personal approval of the prosecutor general, a judge may extend that period up to
18 months. According to some defense lawyers, these time limits were frequently
evaded by formally sending the case to court for adjudication. This action
effectively extends the 18-month time limit.
Amendments to the Criminal Procedure Code adopted in April imposed new limits
on pretrial detention in cases involving "entrepreneurial" (i.e., white-collar) crimes.
The amendment also widened the definition of economic crimes and allowed bail
to be offered at any time through real property, rather than cash or securities.
While it is difficult to accurately measure the amendment's impact, available
information seems to indicate a significant decrease in pretrial detention.
According to Russian Supreme Court Justice Lebedev, in the first six weeks after
the passage of the amendment, courts approved less than 50 percent of detention
applications, in contrast to the 90 percent approval rate prior to the law. According
to an editorial in the newspaper Vedimosti, the total number of accused persons
held in pretrial detention dropped by 10 percent--from 131,400 to 120,100, in the
first nine months of the year. However, some lower courts appeared to disregard
the amendments by simply defining the charged crimes as "nonentrepreneurial,"
thereby exempting them from the scope of the new law. This disregard was
possibly due to illicit pressure on judges by corrupt business parties who initially
"commissioned" the cases.
There were reports that police, in obtaining defense counsel for detainees, obtained
defense counsel friendly to the prosecution. These "pocket" defense attorneys
agreed to the interrogation of their clients in their presence while making no effort
to defend their clients' legal rights. The general ignorance of legal rights on the part
of both defendants and their legal counsel contributed to the persistence of these
violations. In many cases, especially in more remote regions, defense counsel was
not available for indigent defendants.
16
RUSSIA
The law provides for an independent judiciary; however, the judicial branch did
not consistently act as an effective counterweight to other branches of the
government. Judges remained subject to influence from the executive, military, and
security forces, particularly in high profile or politically sensitive cases, such as the
Khodorkovskiy case.
The law requires judicial approval of arrest warrants, searches, seizures, and
detentions. This approval requirement was generally honored, although the process
of obtaining the judicial warrants was occasionally subverted by bribery or
political pressure.
The Investigation Committee, formerly located within the Office of the Prosecutor
General, is now an independent agency, overseeing the investigation of many
serious cases. The Investigation Committee chief is appointed directly by the
president.
The Supreme Court stated in April that 40 percent of criminal cases presented to
the upper court in 2009 suffered from judicial errors. The reported main sources of
these errors were poor qualifications of judges in the lower courts and improper
17
RUSSIA
Authorities did not provide adequate protection for witnesses and victims from
intimidation or threats from powerful criminal defendants. In May 2009 the
Ministry of Interior estimated nearly half of the approximately 10 million
witnesses in criminal cases suffered threats or violence from criminal elements;
they noted the existence of the witness protection program was little known among
the population.
In June 2009 the Council of Europe issued a report, based on interviews with
judges, prosecutors, defense lawyers, and defendants, which asserted that judges
routinely received intimidating telephone calls from superiors instructing them
how to rule in specific cases, with particular emphasis placed on delivering
convictions at any cost. The report stated defense attorneys were frequently
threatened and corporations were at the mercy of corrupt law enforcement
officials. Among the cases detailed in the report was one of a Moscow region judge
who was dismissed and told publicly by a United Russia Duma deputy that she
"ought to be shot" after voiding the results of a local election.
Trial Procedures
Trials typically are conducted before a judge without a jury (bench trials). The
defendant is presumed innocent. The defense is not required to present evidence
and is given an opportunity to cross-examine witnesses and call defense witnesses.
Defendants who are in custody during the trial are confined to a caged area in the
courtroom and must consult with their attorneys through the bars. Defendants have
the right of appeal.
The law provides for the use of jury trials for a limited category of crimes in
higher-level regional courts.
18
RUSSIA
During the year the ECHR on multiple occasions found the country in violation of
provisions of the European Convention on Human Rights related to trial
procedures. The court found 84 violations by the country involving the right to a
fair trial and 29 violations involving proceedings that exceeded a "reasonable"
length of time.
According to the Novosti Web site, in December Prime Minister Putin opined jury
trials are "ineffective" and can be influenced by clan or ethnic interests. In 2008 the
State Duma enacted, and the president signed, a law providing that certain crimes,
including terrorism, espionage, hostage taking, and mass disorder, would be heard
by panels of three judges rather than by juries.
In July 2009 the government began using plea bargaining in criminal cases. Plea
bargains reduced defendants' time in pretrial detention, reduced the average prison
sentence by one third, and allowed courts and prosecutors to devote their resources
to other cases.
Prior to trial defendants are provided a copy of their indictment, which describes
the charges in detail. They are also given an opportunity to review their criminal
file following the completion of the criminal investigation. Defense attorneys are
allowed to visit their clients in detention, although sometimes conditions reportedly
make it difficult for attorneys to conduct meaningful and confidential consultations
with their clients. Some defense lawyers claimed their conversations were
monitored electronically by informants, and that sometimes prison authorities
didn't provide them with access to their clients. They also claimed that
investigators hired "pocket attorneys" who simply advised defendants to confess,
thereby preventing the defendant from obtaining real legal representation.
The law provides for the appointment of an attorney free of charge if a suspect
cannot afford one; however, this provision was often ignored in practice. The high
cost of competent legal service means lower-income defendants often lacked
competent representation. There were few defense attorneys in remote areas of the
country. Public centers, staffed on a part-time basis by lawyers, continue to offer
free advice on legal rights and recourse under the law; however, they are not
permitted to handle individual cases. The federal government funded a limited
experimental system of legal assistance for indigent persons in 10 regions.
Human rights organizations and activists also identified the following individuals
during the year as political prisoners: Aleksey Sokolov, Igor Sutyagin, Zara
Murtazaliyeva, Valentin Danilov, Mikhail Khodorkovskiy, and Platon Lebedev.
Igor Sutyagin was released during the year.
According to his legal representatives, Sokolov had little or no access to his family
and legal representation. Sokolov's case was filed in the ECHR in December 2009
and was awarded priority status in April. On December 14, the Sosnovoborsk city
court rejected Sokolov's motion for conditional early release. Despite letters
supporting his motion from the Russian Human Rights Ombudsman, the Helsinki
Group, Amnesty International, and the Russian Public Chamber, the judge
reportedly based her decision on two disciplinary infractions: Sokolov's reading a
book at the wrong time of day and his drinking tea with a cellmate in remembrance
of Sokolov's recently deceased father.
By law any person in the country may bring allegations to the ECHR concerning
human rights violations covered by the European Convention on Human Rights
that occurred after 1998, provided they have exhausted "effective and ordinary"
appeals in the country's courts. This condition was usually satisfied by two appeals
(first and cassation) in courts of ordinary jurisdiction or three (first, appeal, and
cassation) in the commercial court system. The ECHR received more than 40,000
complaints involving the country. During the year the ECHR ruled against the state
in 217 of 415 cases. The Demos Center reported in January 2009 that state
agencies enforced ECHR rulings approximately 60 percent of the time. When they
did, the government generally paid financial judgments ordered by the ECHR in a
timely fashion; however, it rarely carried out judicial orders from the ECHR or
made corresponding changes in domestic legislation and practice required by
ECHR decisions. The government also issued blanket refusals in response to
21
RUSSIA
ECHR requests for disclosure of the domestic case files relating to alleged gross
violations in Chechnya. The ECHR criticized this failure of disclosure. In March
the government ratified Protocol 14 of the European Convention on Human Rights,
designed to streamline the process by which the ECHR examines cases and thus
reduce its backlog of six to nine years. The protocol entered into force on June 1.
In May and June, the ECHR ruled that the government must provide financial
compensation to victims' family members for its complicity in the 2000 and 2002
killings and disappearances of a number of Chechens (see section 1.g.).
A Human Rights Watch (HRW) report released in September 2009 concluded that
the central government had failed to act on any of the ECHR rulings that called on
it to investigate the 115 rulings on human rights violations in Chechnya, almost all
of which found the country responsible for serious human rights violations and
failure to investigate the crimes. HRW researched 33 of the cases and found that
the government had not brought a single perpetrator to justice. According to HRW,
the number of rulings on human rights violations in Chechnya increased to 150 this
year, and in almost all cases, the authorities refused to investigate.
The legislation on Compensation to Citizens Whose Right to a Fair Trial and Right
to Enforcement of a Judgment within a Reasonable Time Have Been Violated
became law on May 4. The law was expected to reduce the substantial number of
cases brought to the ECHR from Russia, since 30 percent of these concern the right
to a fair trial. The law allows petitioners to request "reasonable" financial
compensation for violation of "reasonable" time limits in the consideration of
criminal and civil cases, including the enforcement of judgments.
Although the law provides mechanisms for filing lawsuits against authorities for
violations of civil rights, these mechanisms often do not work well in practice. For
example, the law provides that a defendant who has been acquitted after trial has
22
RUSSIA
the right to compensation from the government. In reality, however, human rights
activists claimed compensation is avoided through procedural means, such as
leaving cases in pending status, without closing them. As a result, Russians who
believe their civil rights have been violated typically seek redress in the ECHR,
after a Russian court finds against them.
The law prohibits such actions, and it forbids officials from entering a private
residence except in cases prescribed by federal law or on the basis of a judicial
decision. The law also prohibits government monitoring of correspondence,
telephone conversations, and other means of communication without a warrant and
prohibits the collection, storage, utilization, and dissemination of information
about a person's private life without his or her consent. While these provisions
were generally followed, there were allegations that government officials and
others engaged in electronic surveillance without judicial permission and entered
residences and other premises without warrants.
Rebels also continued to commit human rights abuses, including major acts of
terrorism.
Killings
There were numerous killings during the year by both government forces and
militants.
officials and 30 civilians. On October 19, three suicide bombers attacked the
Chechen parliament building, killing two policemen and one watchman.
In North Ossetia, three rebel attacks killed 24 persons, including two security
personnel, two rebels, and 20 civilians, and injured 202 persons, including 35 law
enforcement personnel and 167 civilians. On September 9, a suicide bomber drove
a car into the central Vladikavkaz market and detonated it, killing 19 persons and
injuring 160. In Ingushetiya there were 40 bombings, two suicide attacks, and 103
firefights, which killed 31 security personnel, 63 rebels, and 40 civilians, and
wounded 133 government officials and 59 civilians. In Kabardino-Balkaria, there
were 41 bomb attacks and one suicide bombing, which killed 23 government
personnel, 25 rebels, and 31 civilians. Approximately 16 security personnel and 47
civilians were injured. In Stavropol three attacks killed two rebels and eight
civilians and injured 79 persons.
Deputy Chechen Interior Minister Roman Edilov reported 87 rebels were killed in
Chechnya, including three rebel military commanders, and 220 had been arrested
during the year. On December 20, the Ministry of Interior estimated 80 rebels had
been killed and 180 arrested in the first 11 months of the year in Chechnya. Both
estimates indicated a decrease in violence from 2009, when 177 rebels were killed
and 213 arrested.
crimes committed by the Russian military against Chechen civilians have not been
investigated."
There were also killings by rebels. For example, on May 13, in Dagestan, five
persons were killed when a vehicle carrying telecommunications workers was
attacked with two bombs and gunfire from unknown persons, according to a press
account. The personnel were on their way to repair a cell phone tower damaged in
a fire the day before. The gunmen reportedly declared at the end of the attack that
as soon as the communications center was repaired, they would attack it again.
According to the Glasnost Defense Fund, 12 journalists were killed during the
year. The Web site Journalists-in-Russia.org listed 11 journalists killed, seven of
them possibly for reasons associated with their work (see section 1.a.). Reporters
Without Borders listed only one killing of a journalist.
On May 12, the ECHR ruled the Russian government must pay 225,000 euros
($301,500) in compensation for its complicity in the killing of four Chechens and
the disappearance of another.
On June 17, Caucasian Knot reported the ECHR concluded security authorities
were responsible for the disappearances and deaths of seven Chechens in 2002.
The ECHR ordered the government to pay 470,000 euros ($630,000). Hasan
Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Said-Ali, and
Haron Musayevi were taken from their homes in Grozny by armed masked men.
Usman Mavlyueva was kidnapped at a checkpoint.
Abductions
At the same time, security forces under the command of Chechen President
Kadyrov allegedly played a significant role in abductions, either on their own
initiative or in joint operations with federal forces. Human rights groups reported
these forces were frequently suspected of being responsible for disappearances and
abductions, including those of family members of rebel commanders and fighters.
according to human rights groups. Caucasian Knot reported that rather than issuing
a summons for criminal offenses, security forces preferred to seize suspects at
home or while traveling.
On August 8, Russian and Ingush security forces raided the home of the Mutsolgov
family and abducted 15-year-old Magomed Mutsolgov, beating his father in the
process. The child was held for two days and reportedly tortured with electric
shocks. Caucasian Knot noted the case might be related to Magomed's older
brother, who was killed by the FSB in July.
In October 2009 a procurement and logistics assistant for the Danish Refugee
Council, Zarema Gaisanova, was abducted from her home in Grozniy. Amnesty
International asserted that law enforcement officials carried out the abduction. Her
whereabouts remained unknown at year's end. The Danish Refugee Council (DRC)
reported that eye-witnesses and other human rights organizations stated that a
special security operation involving either Chechen leader Ramzon Kadyrov or a
security unit named after him took place, in which Zarema Gaisanova was taken
away in a military vehicle. The NGO Memorial criticized the criminal
investigation into the matter as poorly executed and incomplete. The DRC met in
April with the Russian Ombudsman for Chechnya, who stated that he would look
into the disappearance, but there was no further information on his efforts.
Armed forces and police units reportedly frequently abused and tortured persons in
holding facilities where federal authorities sorted out rebels and persons suspected
of aiding them from civilians.
29
RUSSIA
There was a report of a continued arson campaign. The Chechen arson campaign
began in 2008 following explicit threats by Chechen President Kadyrov and by
Grozniy Mayor Muslim Khuchiyev of burning down houses belonging to families
whose sons were suspected of joining the insurgency. Human rights activist
Natalya Estemirova was working on a documentary on the arson campaign when
she was killed in July 2009 (see section 1.a.). According to the testimony of
Human Rights Watch representative Tanya Lokshina, the latest incident in the
arson campaign occurred in Shali on March 16.
Throughout 2009 security forces conducted security sweeps and passport checks at
temporary settlements in Ingushetiya housing IDPs from Chechnya (see section
2.d.). At times these sweeps reportedly led to human rights abuses or
disappearances. In February 2009 the Office of the UN High Commissioner for
Refugees (UNCHR) reported that Chechen authorities had begun visiting
30
RUSSIA
Human rights groups visited illegal detention centers for internally displaced
persons in Chechnya and other locations in the North Caucasus where they
documented continuing abuses. Chechen Republic security forces reportedly
maintained secret prisons in Tsentoroi, Gudermes, and other locations. HRW
reported that it had detailed descriptions of at least 10 unlawful detention facilities.
Human rights groups reported that officers of the federal Ministry of Interior's
Second Operational Investigative Bureau illegally detained and tortured persons in
its Grozniy offices.
Authorities this year continued to refuse to grant the Red Cross access, under its
standard criteria, to persons detained as part of the conflict in Chechnya. This
denial has been in effect since 2004.
The constitution provides for freedom of speech and of the press; however, in
practice government pressure on some media persisted in coverage of select
controversial issues, resulting in numerous infringements of these rights.
On July 7, authorities formally charged Oleg Orlov of the NGO Memorial with
"slander" for accusing Chechen President Ramzan Kadyrov of complicity in the
2009 killing of human rights activist and journalist Natalya Estemirova. Human
rights advocates and international observers criticized the case against Orlov as an
infringement of free speech. On September 13, Orlov went on trial in the
Khamovnicheskiy Court in Moscow; Orlov's trial was scheduled to continue in
2011.
31
RUSSIA
With some exceptions, judges appeared unwilling to challenge federal and local
officials who sought to prosecute critics. These proceedings on occasion resulted in
large fines.
On September 16, the state-owned news agency RIA Novosti refused to allow the
members of the newly established opposition coalition, For Russia without
Tyranny and Arbitrariness, to hold a press conference on the agency's premises.
While the agency had previously agreed to lend its premises, it cancelled the event
an hour and a half before its scheduled time. Opposition figures claimed the
cancellation was politically motivated.
In some cases the government used direct ownership, or ownership by large private
companies with government links, to control or influence some major national
media and regional media outlets, especially television. During the year the
government reportedly used its leverage to restrict dissemination of information
about issues deemed sensitive, including coverage of opposition political parties
and official corruption. Several times during the year, there were reports on Ekho
Moskvy and other independent media outlets about self-censorship in the
television media, particularly on issues critical of the government. Print, Internet
and radio media were more free and independent in comparison. Russian television
journalist Leonid Parfyonov decried self-censorship in the media, stating in a
November speech that "journalists are not journalists at all, but bureaucrats,
following the logic of service and submission."
More than 60 percent of the country's 45,000 registered local newspapers and
periodicals were owned directly by the government or by state-owned/state-
controlled companies. The largest daily newspaper was independently owned, but
several other influential national newspapers were owned by the government, by
persons with ties to the government, or by state-owned companies. Many
publications without government connections maintained editorial independence
and resisted selective attempts by the government to influence their reporting.
32
RUSSIA
The federal government owned one of the six national television stations and had a
controlling interest in one other; state-owned or state-affiliated companies owned
controlling interests in three others; and the Moscow city administration owned the
sixth. Approximately two-thirds of the other 2,500 television stations in the
country were completely or partially owned by the federal and local governments.
As a result, the television media often offered constrained editorial content, in
particular, avoiding any content critical of the government.
The government maintained ownership of the largest radio stations, Radio Mayak
and Radio Rossiya, both of which adhered to government positions in their news
reporting. Ekho Moskvy radio, despite being majority-owned by the state-
controlled corporation Gazprom, provided broader coverage and independent
editorial comment, often sharply critical of the government, and a platform to
members of the opposition. The government also owned the national news
agencies ITAR-TASS and RIA-Novosti.
According to the media freedom NGO Glasnost Defense Foundation (GDF) there
were 58 attacks against journalists during the year, approximately the same level as
in 2009. In most cases, according to the GDF, the mistreatment appeared to have
been at the initiative of local officials.
A number of journalists were assaulted and several were killed during the year;
frequently the attacks were directly related to the journalists' professional activities,
although it was not always clear whether this was the case. According to the GDF,
this year 12 journalists were killed, although other sources listed fewer. Most cases
of high-profile killing and kidnapping of journalists were unresolved. In March
2009 the Center for Journalism in Extreme Situations reported 40 cases of
unresolved killings of journalists since 2003. NGOs supporting independent media
characterized beatings of journalists by unknown assailants as "routine," noting
33
RUSSIA
that those who pursued investigative stories on corruption and organized crime
found themselves at greatest risk.
For example, on May 31, police in Moscow detained and allegedly beat Gazeta.ru
correspondent Aleksandr Artemyev for attending an opposition rally in support of
freedom of assembly. The rally had been prohibited by Moscow city authorities.
Police broke Artemyev's arm in two places. His attempts to seek criminal
prosecution of the police were not successful.
On April 26, unidentified assailants in Sochi severely beat Arkadiy Lander, editor
in chief of the local newspaper Mestnaya. He suffered severe head injuries and was
hospitalized. Lander's colleagues believed that the attack was in response to the
newspaper's frequent criticism of city authorities and corruption. The police
investigation into the attack produced no results by year's end.
On May 18, an unknown attacker in Tomsk fired several shots from a nonlethal
weapon at Mark Minin, director of a local television station, without attempting to
rob him. According to Minin, the attack could have been ordered by individuals he
featured on his television programs.
On November 6, journalist and blogger Oleg Kashin was severely beaten outside
his Moscow home by two attackers. It is possible that the attack was connected to
his work, as he had reported on the controversial Khimki Forest road construction
project and Kremlin-sponsored political youth movements and had engaged in a
public dispute with Pskov Governor Andrei Turchak. He also exposed Russian
Youth Agency Head Vasiliy Yakemenko's alleged indiscretions with an underage
girl. The Young Guard, a Kremlin-based youth group, had publically threatened
Kashin on its Web site, citing the journalist in a column headlined "Journalist-
Betrayers Should Be Punished." President Medvedev ordered the Prosecutor
General's Office and the Interior Ministry to investigate. There were no arrests by
year's end.
Mikhayilov stated that a member of the Duma texted him: "Your activity will not
be without consequences." Police stated that they do not believe the attack was
related to Mikhayilov's work.
There were no developments in the investigation into the March 2009 death of
Sergey Protazanov, journalist for the newspaper Grazhdanskoye Soglasie (Civic
Agreement), who was attacked by unknown assailants in the Moscow suburb of
Khimki. His colleagues indicated that he had been working on a story about the
local administration's alleged violations of electoral law.
There were no developments in the investigation into the April 2009 attack on
Vyacheslav Yaroshenko, editor in chief of the Rostov-on-Don newspaper
Korruptsiya I Prestupnost (Corruption and Crime). Yaroshenko died of his injuries
in June 2009. His colleagues believed he was killed in revenge for his investigative
reporting on corruption among local authorities.
On February 26, the lead investigator of the abduction and killing in July 2009 of
prominent journalist and human rights activist Natalia Estemirova announced that
authorities knew who had killed her but were unable to make an arrest.
There were no developments in the investigation into the August 2009 shooting
death of Dagestani journalist Abdulmalik Akhmedilov in Makhachkala by
unknown assailants. Akhmedilov had criticized federal forces and local law
enforcement officers for suppressing religious and political dissent; he was also
known for his investigative reporting into assassinations of Dagestan officials.
35
RUSSIA
There were no developments in the investigation into the November 2009 death
Olga Kotovskaya of Kaskad TV in Kaliningrad, who fell from the 14th floor of a
building. Kotovskaya had just won a court case to regain control of her television
station, which had a reputation for objective news reporting. Officials initially
claimed that her death was suicide but a week later opened a criminal investigation
for killing.
In May two men went on trial in Dagestan charged with the 2008 killing of Gadzhi
Abashilov, head of the local branch of the Russian State Television and Radio
Company in Makhachkala. In June the Dagestan Supreme Court ordered further
investigation into the case, citing legal violations by the investigators. In August
investigators released both suspects from custody, stating that the maximum
allowable term of pretrial detention had expired. Law enforcement authorities and
Abashilov's colleagues believed that his killing was related to his journalistic work,
including his reporting on the situation in Dagestan.
There were no reports of progress in the following cases: the 2008 attack on
Miloslav Bitokov, editor in chief of the Gazeta Yuga newspaper in the North
Caucasus Republic of Kabardino-Balkaria; the 2008 beating of independent
Khimki journalist Mikhail Beketov, publisher of the weekly Khimkiskaya Pravda;
the 2008 beating of several journalists during a series of protests over planned
increases in tariffs on imported cars; and the 2008 attack on Zhanna Akbasheva, a
correspondent for the Regnum News Agency in Karachay-Cherkessia, who wrote
about corruption and press freedom issues.
On September 16, the Investigative Committee resumed its investigation into the
2003 death of Yuriy Shchekochikhin, a member of the State Duma and deputy
editor of the newspaper Novaya Gazeta. Investigators exhumed Shchekochikhin's
body and unsuccessfully tested tissue samples to detect any signs of poisoning.
Investigators initially had endorsed official findings that Shchekochikhin died of
an allergic reaction to an unknown substance. At the time of his death,
Shchekochikhin was investigating allegations of FSB responsibility for a series of
1999 apartment building bombings and the purported involvement of senior
security officials and the prosecutor general's office in smuggling goods through
FSB storage facilities.
On March 29, a court in Tula ordered the local newspaper Rubezh to pay 500
thousand rubles ($16,100) to settle a libel case filed by Tula Region Governor
Vyacheslav Dudka in connection with a story the newspaper published about
corruption in the local government.
On September 2, police conducted the latest of several raids on the offices of New
Times magazine that were connected with an article, entitled "Slaves of the
OMON," alleging abuses and corruption within the OMON (special purpose police
units). The article included interviews with unnamed sources within OMON;
police demanded that the magazine turn over documents and recordings that would
identify the sources. On May 12, the Moscow City Court, concurring with an
earlier Tverskoy District Court decision, ordered the seizure of the documents and
recordings as evidence in a libel case authorities brought against the magazine. The
New Times' editor provided a transcript of the interviews to the police during the
raid, but refused to name the sources or surrender the recordings, citing laws
providing for protection of journalists' sources.
37
RUSSIA
In January the Moscow prosecutor's office reversed the Moscow city police
directorate's refusal to open a libel case filed by Chechen leader Ramzan Kadyrov
against Novaya Gazeta editor in chief Dmitriy Muratov and three other journalists
of the newspaper for publishing an investigative article in February 2009 about the
killing in Vienna of Kadyrov's former bodyguard, Umar Israilov (see section 1.a.).
Kadyrov dropped his case in February after the first court session.
On January 19, prosecutors in Samara closed a criminal case against Sergey Kurt-
Adzhiyev, the editor of the local edition of Novaya Gazeta, who was fined 15,000
rubles ($496) in 2008 for using unlicensed software on his office computer. Kurt-
Adzhiyev appealed the sentence, and further examination of the case ordered by
the court revealed prosecutorial violations, as well as new exculpatory evidence.
However, the Samara edition of Novaya Gazeta continued to be unable to publish;
investigators confiscated all of its computers in 2007.
Officials at all levels used their authority, sometimes publicly, to restrict or limit
the effectiveness of journalists who criticized them. One method was to deny the
media access to events and information, including denying filming opportunities
and statistics theoretically available to the public. On May 16, police prevented a
correspondent of the GTRK Kuban television station from covering a public rally
in Krasnodar. The correspondent was taken to a police station and released after
several hours. On May 31, police in Moscow detained several journalists,
38
RUSSIA
As in previous years, the antiextremism law was applied to media outlets and
activists. Novaya Gazeta was warned for an article examining Russia's right-wing
radical groups, and Vedemosti was warned for an article on female suicide
bombers. These warnings discouraged coverage of these controversial topics by
other news outlets.
The Justice Ministry continued to expand its list of "extremist" materials during the
year to include more than 700 items, up from 467 in 2009. The list included
materials produced by Jehovah's Witnesses and Scientologists; the works of
Muslim scholar Said Nursi; a picture of Winnie the Pooh wearing a swastika; a
flag with a cross; and the Web site Samizdat, which was similar to Wikipedia and
which had more than 500,000 subscribers. Some analysts asserted that the vague
definitions of "extremism" were expanding the list to the point of discrediting the
concept altogether.
Copies of the report Putin. Results. 10 Years, written by former deputy prime
minister Boris Nemtsov and former deputy energy minister Vladimir Milov, were
confiscated on several occasions. On August 25, local police from Murmansk
detained two activists from the Solidarity opposition movement when they
attempted to transfer the publication from a train to their vehicle. Approximately a
thousand copies reportedly were confiscated by the Murmansk police for analysis
for the presence of "extremist literature." Police in St. Petersburg confiscated
200,000 copies of the publication on June 15 and 17 but later released them after
determining that the literature was not extremist.
According to the GDF and other media NGOs, authorities continued to engage in
selective investigations into intellectual property rights violations (i.e., use of
pirated software) to confiscate computers and pressure opposition media across the
country. On September 13, Microsoft announced that it would create a unilateral
software license for NGOs and independent media in a number of countries,
including Russia, to prevent authorities from using antipiracy enforcement as a
pretext to pressure NGOs.
A 2006 warning to the media against referring to the National Bolshevik Party
without indicating that it was banned remained in place. The media were informed
that omitting to mention the party's illegality could be considered dissemination of
false information and lead to the "application of restrictive, precautionary, and
preventive measures."
According to the GDF and media NGOs, some authorities used the media's
widespread dependence on the government for transmission facilities, access to
property, and printing and distribution services to discourage critical reporting. The
GDF reported that approximately 90 percent of print media organizations relied on
state-controlled organizations for paper, printing, or distribution, and many
television stations were forced to rely on the government (in particular, regional
committees for the management of state property) for access to the airwaves and
40
RUSSIA
office space. The GDF also reported that officials continued to manipulate the
price of printing at state-controlled publishing houses to apply pressure on private
media rivals. It noted that this practice was more common outside the Moscow
area.
Internet Freedom
The government did not restrict access to the Internet. Internet use in Russia grew
exponentially during the year to between 40-50 million users. There was a growing
use of social networking, blogs, and increasing reliance on the Internet as an
alternative news source. Individuals and groups could generally engage in the
peaceful expression of views via the Internet, including by e-mail, but traffic
reportedly was monitored by the government. The government continued to
employ a "system for operational investigative measures," which required Internet
service providers to install, at their own expense, a device that routes all customer
traffic to an FSB terminal. The system enabled police to track private e-mail
communications, identify Internet users personally, and monitor their Internet
activity. Although legislation formally protects individual privacy, prohibiting
wiretapping of any kind without a court order, there appeared to be no mechanism
to prevent FSB access to e-mail traffic or private information. Authorities were not
required to give telecommunications companies or individuals documentation on
targets of interest prior to accessing information.
There was widespread and growing access to the Internet through home, work, and
public venues. Approximately 35 to 40 percent of adults had Internet access with a
far larger percentage in Moscow and St. Petersburg. In contrast to other forms of
media, the law does not require sites to register as mass media, and unregistered
sites were not subject to administrative sanctions. Internet forums, including
blogging services, increasingly served as the most open media vehicles in the
country for expressing political views. Nonetheless, some bloggers were
investigated or charged for their Internet postings based on extremely broad
definitions of prohibited activities, such as "extremism" or inciting hatred, as well
as libel. In addition the law allows authorities to hold bloggers liable for comments
that others post on their blogs. In April 2009 authorities issued warnings to mass-
information Internet sites against negative coverage of government news.
On August 10, police in Ufa arrested bloggers Nikolay Shvetsov, Sergey Orlov,
Konstantin Nesterov, and Igor Kuchumov on charges of extremism and fomenting
41
RUSSIA
ethnic hatred in their blogs for quoting a book criticizing Bashkortostan President
Murtaza Rakhimov.
On June 15, the Supreme Court issued a ruling that allows authorities to demand
that media organizations remove from their Web sites material posted by users that
authorities deem extremist, slanderous, or liable to incite hatred. At least four
bloggers were investigated or prosecuted during the year, according to Reporters
Without Borders.
On May 15, authorities shut down a discussion community on the popular social
network VKontakte that discussed the consequences of the deadly accident at the
Raspadskaya coal mine. According to the GDF, law enforcement officers
demanded that popular blogger Marina Litvinovich, who managed the community,
provide them with the site password, which they used to make the community
unavailable for access.
On March 19, authorities ordered the Web site March 20 to close down for
publishing "extremist" content. The Web site published information about plans for
Day of Wrath protest rallies in various cities held by opposition movement
activists. According to RiaNovosti, Solidarity movement member Olga Kumosova
claimed that the site was used for the purpose of planning protest slogans and the
closure was illegal.
On January 15, the Tatarstan Supreme Court confirmed the sentence issued to
Tatar writer and journalist Irek Murtazin. In November 2009 a court in Kazan
sentenced Murtazin to 21 months in prison on charges brought by Tatarstan
President Mintimer Shaimiev that included "disseminating false information" about
the president and "violating his privacy" by suggesting in a 2008 blog that
Shaimiev had died while vacationing in Turkey.
According to the Global Voice Online Web site, there were multiple instances of
Internet censorship during the year. In July the Ingushetiyan authorities were able
42
RUSSIA
to block the popular blogging site LiveJournal on a local Internet server, and in
August the local authorities blocked the Tulksiye Pryaniki Web site that was
critical of the authorities. After the December 11 ethnic riots in Manezh Square in
Moscow, the popular Vkontakte Web site removed what it characterized as
dangerous content in cooperation with the police and FSB.
The government generally did not restrict academic freedom; however, human
rights and academic organizations believed that the continued imprisonment of
physicist Valentin Danilov and others inhibited academic freedom and contact with
foreigners on subjects that authorities might deem sensitive.
On December 29, Kabardin ethnographer Aslan Tsipinov was shot and killed
outside his home near Nalchik, Kabardino Balkaria. North Caucasian insurgents
later claimed responsibility for the killing, explaining that they killed Tsipinov
because he sought to corrupt young Muslims by reviving ancient pagan rituals.
On July 12, according to press reports, Yuriy Samadurov, former director of the
Sakharov Center, was fined 200,000 rubles ($6,500) on charges of inciting ethnic
and racial hatred in a 2007 exhibit held at the center that displayed works banned
by Russian museums. The curator of the exhibition, Andrei Yerofevev, was fined
150,000 rubles ($4,800). The prosecution had originally asked for prison
sentences.
On March 16, according to NGO and media reports, authorities arrested Svyatoslav
Bobyshev and Yevgeny Afanasyev, two professors at Baltic State Technical
University in St. Petersburg, and accused them of spying and passing state secrets
43
RUSSIA
On November 13, historian Igor Pykhalov was attacked outside his home by
unknown assailants. Reports suggest that Pykhalov was targeted because of his
controversial pro-Stalinist views and his writings on Stalin's deportation of persons
indigenous to the North Caucasus.
Freedom of Assembly
The law provides for freedom of assembly, but local authorities continued to
restrict this right in practice. According to the human rights NGO AGORA, more
than 3,160 civil activists were arrested following public events during the year.
In December 2009 the Duma passed a law increasing the severity of punishment
for anyone found guilty of illegally interfering with the flow of traffic. The law
increased the fine from 2,500 rubles ($83) to 100,000 rubles ($3,300) or two years
in prison. Human rights activists viewed this as a move to restrict freedom of
assembly. However, human rights advocates generally welcomed President
Medvedev's veto of the proposed legislation "On Amendments to the Federal Law
On Gatherings, Meetings, Demonstrations, Marches, and Pickets" that would have
prevented those who received minor administrative fines from registering and
participating in rallies. The president declared that the provisions would infringe
on the right of assembly provided in the constitution.
On November 10, President Medvedev signed into law a modified bill, which
requires that requests for permission to demonstrate be filed no less than three days
before the proposed event. Such types of protest actions involve a smaller group of
44
RUSSIA
activists voicing disapproval of one specific issue and picketing in the vicinity of
the offices of the government authority with which the activists take issue. The law
also regulates the use of major streets, highways, and railroads as venues for public
protests.
Demonstrations that took place without official permission were often broken up
by police, who frequently detained demonstrators. In an August interview, Prime
Minister Putin called these unsanctioned demonstrations "provocations" and stated
that those who participate in them should expect to "take a cudgel to the head."
In July and August, police dispersed several demonstrations in connection with the
movement to protect the Khimki forest near Moscow from destruction to make
way for a proposed highway. On July 28, police detained nine environmental
activists who had been camping in the forest after construction began on the
project. On August 2, police detained 50 persons at an unsanctioned protest in the
forest, including Yabloko Party leader Sergey Mitrokhin. Another protest was
dispersed on August 10 outside of the Moscow Oblast administration building.
Authorities granted permission to hold a much larger protest on August 22.
On October 31, authorities in Moscow for the first time allowed human rights
proponents to hold a "Strategy 31" rally on Triumfalnaya Square to demonstrate
support for Article 31 of the constitution, which provides for freedom of assembly.
This was the first time the Strategy 31 opposition movement's protests were
allowed. More than 1,500 persons attended, nearly double the number authorized
by authorities; security forces were generally restrained. For most of the year and
throughout 2009, authorities in Moscow employed various pretexts to deny human
rights activists permission to hold Strategy 31 demonstrations on the last day of
each 31-day month. On several occasions, police detained persons who gathered to
protest the denials. According to a Vedomosti press report, the deputy head of the
Moscow Interior Office stated that the mere presence of a sign displaying the
number "31" was grounds for arrest. After detaining dozens of individuals at
January and March rallies, state security forces were especially violent in their
suppression of the May 31 peaceful protest, arresting at least 152 persons and
reportedly beating many in jail. In response to the police actions, Human Rights
Ombudsman Vladimir Lukin characterized the actions of the security personnel as
"disproportionate" and "unreasonably brutal" and the detention of the protesters as
"illegal."
rallies told news media that they had been pressured to attend, and one student
stated that he would receive class credit for his attendance.
Freedom of Association
The law provides for freedom of association, and the government respected this
right with a number of significant exceptions.
Public organizations must register their bylaws and the names of their leaders with
the Ministry of Justice. Several organizations have been forced in the past to
suspend activities while registration was pending. Restrictions were applied in a
discriminatory and selective manner to some NGOs, particularly those receiving
foreign funding or involved in issues of political opposition or in human rights
monitoring.
The law provides a basis for government oversight of NGO activities, including
ensuring their compliance with stringent registration requirements, a particular
problem for the branch offices of foreign NGOs. The law also provides a basis for
the oversight of extensive reporting requirements for NGOs concerning their
programs and activities, as well as for government enforcement of limitations on
the participation of foreign citizens. Authorities selectively used the regulations to
harass certain NGOs.
47
RUSSIA
There were no reports during the year that political parties had their registration
revoked or denied.
c. Freedom of Religion
The law provides for freedom of movement within the country, foreign travel,
emigration, and repatriation; however, the government placed restrictions on
freedom of movement within the country and on migration. The government
generally cooperated, with some exceptions, with the UNHCR and other
humanitarian organizations in providing protection and assistance to internally
displaced persons, refugees, returning refugees, asylum seekers, stateless persons,
and other persons of concern.
All adult citizens must carry government-issued internal passports while traveling
domestically and must register with the local authorities within a specified time of
their arrival at a new location. Authorities often refused to provide governmental
services to individuals without internal passports or proper registration. The
official grace period for registration given to an individual arriving in a new
location is 90 days. Darker-skinned persons from the Caucasus or of African or
Asian origin were often singled out for document checks. There were credible
reports that police arbitrarily imposed fines on unregistered persons in excess of
legal requirements or demanded bribes from them.
48
RUSSIA
Although the law gives citizens the right to choose their place of residence freely,
many regional governments continued to restrict this right through residential
registration rules that closely resembled Soviet-era regulations. Citizens moving
permanently must register within seven days in order to reside, work, or obtain
government services and benefits or education for their children in a specific area.
Citizens changing residence within the country, migrants, and persons with a legal
claim to Russian citizenship who moved to the country from other former-Soviet
republics often faced great difficulties or simply were not permitted to register in
some cities. The registration process in local police precincts was often corrupt.
There were frequent reports of police expecting bribes to process registration
applications and demanding them during spot checks for registration
documentation.
The law provides for freedom to travel abroad, and citizens generally did so
without restriction. Citizens with access to classified material, however, needed to
obtain police and FSB clearances to receive a passport for international travel.
The law prohibits forced exile, and the government did not employ it. The law
provides all citizens with the right to emigrate, and this right was respected.
The UNHCR reported that there were 75,323 IDPs in the country as of December
31, mainly in the North Caucasus. At year's end, 16,518 IDPs remained displaced
to Ingushetiya by Chechnya's second conflict, according to the UNHCR. Of these,
13,852 persons lived in private quarters, while 2,666 resided in temporary
settlements. The UNHCR reported that Ingushetiya was also home to 10,047 IDPs
from Prigorodny, North Ossetia. As of July, 2,578 Chechen IDPs were living in
Dagestan, with an estimated 188 living in temporary settlements and temporary
accommodation centers within Chechnya proper and 2,390 in private settlements.
Also as of July, nearly 22,193 forced migrants from South Ossetia, Georgia,
remained in North Ossetia; another 20,193 were from the conflict in the early
1990s, and 2,000 were displaced as a result of the August 2008 conflict, according
to the UNHCR.
49
RUSSIA
Protection of Refugees
The laws provide for the granting of asylum or refugee status, and the government
has established a system for providing protection to refugees.
person who did not satisfy the criteria for refugee status, but could not be expelled
or deported for humanitarian reasons, could be granted temporary asylum after
submitting a separate application.
The government rarely granted convention status to those who managed to present
their asylum applications to the migration service. The UNHCR and NGOs stated
that asylum seekers at times faced detention, deportation, fines by police, and
racially motivated assaults.
The UNHCR, the International Organization for Migration, and NGOs assisted the
government in trying to develop a more humane migration management system.
The Federal Migration Service cooperated well with international organizations to
provide training for its officers throughout the country to insure they understood
refugee law.
For asylum seekers who were allowed into the country to pursue their claims, the
refugee law provides the right to temporary accommodations. However, there was
only one facility with such accommodations in the country, located in Ocher, in
Perm Region, far from major cities where asylum seekers concentrated. There were
no reception centers at border points. The Federal Migration Service and its
territorial branches are obliged by law to cover travel expenses to centers for
holders and seekers of refugee or temporary asylum status. However, the law was
not respected in practice, and the trip to the center was usually funded by the
UNHCR or the individual involved.
While federal law provides for education for all children, regional authorities
occasionally denied access to schools to children of asylum seekers if they lacked
residential registration. However, when parents encountered difficulties enrolling
their children in schools, authorities generally cooperated with the UNHCR to
resolve the problem. Authorities frequently denied migrants the right to work if
they did not have residential registration. Refugees also may not legally work if
they are not registered and cannot obtain registration unless they have an employer
or landlord willing to register them.
Human rights groups continued to allege that authorities made improper use of
international agreements that permitted them to temporarily detain persons with
outstanding arrest warrants from other former-Soviet states. This system, enforced
by informal ties among senior law enforcement officials of the countries
concerned, permitted detention for up to one month while the prosecutor general
51
RUSSIA
investigated the nature of the warrants. Human rights groups asserted that these
arrangements were employed to detain, and possibly repatriate, opponents of the
governments of other former Soviet republics without legal grounds.
Stateless Persons
Citizenship is derived both by birth within the country's territory within certain
restrictions and from one's parents. A child becomes a citizen at birth if both
parents are citizens; if one parent is a citizen and the other one is stateless; if one
parent is a citizen and the other is a foreigner and the child was born on the
territory of the country; or if both parents are foreigners or stateless and the child
was born on the territory of the country and there is concern the child might
become stateless. At year's end the UNHCR preliminarily estimated that there were
44,000 stateless persons, based on data from local authorities and NGOs. Federal
Migration Service statistics indicated at the end of 2008 that 21,443 stateless
persons were registered in the country.
In Krasnodar Kray, at least several hundred (with some estimates as high as 5,000)
Meskhetian Turks, Batumi Kurds, Hemshils, and Yezidis, both political and
environmental refugees, and their descendants, remained without Russian
passports and were denied the right to register as residents, which deprived them of
all rights of citizenship and prevented them from working legally, leasing land, or
selling goods. The law in Krasnodar Kray that defines illegal migrants includes
stateless persons.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
52
RUSSIA
The law provides citizens with the right to change their government peacefully in
regularly scheduled national and regional elections; however, citizens could not
exercise this right in practice, as the government limited the ability of opposition
parties to organize, register candidates for public office, access the media, or
conduct political campaigns.
On March 14, regional and local elections were held in 76 of the federation's 83
regions and were marked by irregularities, including the misuse of absentee ballots,
vote buying, and busing in of voters, according to the election monitoring NGO,
GOLOS. The Communist Party also claimed that in the Krasnodar Region, United
Russia bused police cadets to vote for their candidate in the mayoral elections
where they were not registered.
In 2008 the country held presidential elections in which Dmitriy Medvedev, the
candidate of the ruling United Russia Party, received 70 percent of the vote.
Observers from the Parliamentary Assembly of the Council of Europe stated that
the elections were not free or fair. GOLOS reported massive, widespread
violations, as with the Duma elections held in 2007. The Organization for Security
and Cooperation in Europe (OSCE) representative on freedom of the media
reported numerous media freedom violations during the parliamentary and
presidential elections. Electoral violations and problems observed by GOLOS
included an "unprecedented" number of absentee ballots, collective voting under
pressure, multiple voting, and vote-counting irregularities. GOLOS observers,
however, reported that voting procedures were well-organized and that the secrecy
of voting was mostly respected. In both the presidential and parliamentary
elections, official delays in issuing visas and restrictions on the activities of the
mission led the OSCE's Office for Democratic Institutions and Human Rights to
decline to send observation missions.
The law gives the president significant indirect influence over the Federation
Council, since regional leaders selected by the president in turn appoint half of its
53
RUSSIA
members. Political parties that win elections to regional parliaments may propose
candidates for the head of a region, but the selection is still subject to the
president's and the regional legislature's approval.
Since 2004 the president has had the authority to nominate regional governors,
subject to confirmation by regional legislatures. If a regional legislature fails to
confirm the president's nominee three times, the president may dissolve the
legislature. The federal president also has the power to remove regional leaders in
whom he loses confidence, including those who were popularly elected. In
September President Medvedev exercised this power in removing Yury Luzhkov,
the long-serving and three times popularly elected mayor of Moscow (the positions
of mayor in Moscow and St. Petersburg have a status similar to that of governor).
On October 21, the Moscow City Duma confirmed Medvedev's pick, Sergey
Sobyanin, as the new mayor.
In 2009 legislation was enacted to allow city legislatures and governors to remove
popularly elected mayors (as of 2006 approximately one-third of the country's
municipalities were headed by elected mayors, according to a government Web
site). In June the Murmansk City Council removed Mayor Sergey Subbotin from
office, and mayors of several small cities have been removed in similar fashion.
Smolensk Mayor Eduard Kachanovskiy was removed from office due to charges of
extortion, and possibly influenced by his refusal to obey an earlier United Russia
request to withdraw from elections for the party's preferred candidate. In February
Smolensk Governor Sergey Antufyev called for the abolishment of the Smolensk
direct mayoral elections, stating that "popular elections are a risk."
A March 2009 law requires that to obtain legal status, a political party must have at
least 45,000 members with at least 450 in each of half of the country's regions and
250 members in each of the remaining regions. This is proven by gathering
signatures. The law slightly relaxed earlier minimum membership requirements
that made it difficult for smaller parties to register. The law envisions a further
reduction in the requirement (to 40,000 members overall and 400 in each of half of
the regions) by 2012. An additional law passed in June allows a political party to
avoid the requirement for signatures altogether if it enjoyed political support in at
least one-third of the country's regions.
million signatures from supporters throughout the country to register to run for
president. These must be submitted to the Central Election Commission (CEC) for
certification. An independent candidate is ineligible to run if the CEC finds more
than 5 percent of the signatures to be invalid.
The law prohibits early voting and negative campaigning and provides a number of
criteria for removing candidates from the ballot, including for vaguely defined
"extremist" behavior. The executive branch and the prosecutor general have broad
powers to regulate, investigate, and disqualify political parties. Other provisions
limit campaign spending, set specific campaign periods, and provide for
restrictions on campaign materials.
There were 63 women in the 450-member State Duma and nine women in the 166-
member Federation Council. There were three female ministers. Two of the 83
regional leaders were women. Three of the 19 judges on the Constitutional Court
were women. None of the political parties was led by a woman.
Information on the ethnic composition of the State Duma and the Federation
Council was not available. National minorities took an active part in political life;
however, ethnic Russians, who constitute approximately 80 percent of the
population, dominated the political and administrative system, particularly at the
federal level.
The law provides criminal penalties for official corruption; however, the
government acknowledged that it had not enforced the law effectively, and many
officials continued to engage in corrupt practices. Corruption was widespread
55
RUSSIA
Legislation enacted in December 2008 defined corruption and set forth key
principles for combating it. It requires government officials to submit financial
statements, restricts their employment at entities where they had prior connections,
and requires reporting of actual or possible corrupt activity. Implementation of the
legislation, however, was still incomplete. Although some agencies, such as the
Ministry of Justice, issued implementing regulations defining conflict of interest in
certain situations, not all agencies issued implementing regulations. On February
26, the Office of the Prosecutor General established principles and procedures for
evaluating the anticorruption aspects of draft laws and regulations in order to avoid
inconsistencies and eliminate loopholes. Beginning on April 30, judges were
required to submit income and asset declarations to their courts. During the year
the government instituted mandatory anticorruption training for public officials
through the Academy of State Service. Russia has been a state party to the UN
Convention against Corruption (UNCAC) since 2006 and is a member of the
Group of Countries against Corruption. Due to its UNCAC obligations, the
government has altered domestic legislation.
In a statement issued on October 27, the Interior Ministry reported that bribery
increased by 17.5 percent from January to September, compared with the same
period of 2009 and the average bribe increased 1.5 times to more than 42,500
rubles ($1,400). The statement cited alleged corruption by many officials at the
federal, regional, and local level, including four serving and former deputy
governors and five regional ministers.
Prosecutors charged some high-level officials with corruption during the year;
however, most government anticorruption campaigns were limited in scope and
focused on lower-level officials. Allegations of corruption were also used as a
political tactic.
On July 1, a new federal law came into force requiring courts of general
jurisdiction to disclose information on the activity of judges. In August the Institute
for the Development of Freedom of Information released the results of a survey on
preliminary implementation of the law, based on several types of basic information
about court operations and the availability of such information on court Internet
sites or by telephone. According to the survey results, which were reported widely
in the press, basic data such as the working hours of court offices, names and
contact information of court officials and staff, and court addresses were still in
many cases unavailable or difficult to obtain.
In November 2009 Sergey Magnitsky, who was a lawyer for the firm that
represented Hermitage Capital, died in a Moscow prison, where he was being held
on tax evasion charges. It was widely believed that the charges were fabricated and
57
RUSSIA
that his imprisonment was a result of his testimony that Interior Ministry officials
Artyom Kuznetsov and Pavel Karpov stole 5.50 billion rubles ($179 million) in a
tax fraud scheme (see section 1.a.). In October Oleg Silchenko, the Interior
Ministry investigator who was responsible for the investigation, was promoted to
lieutenant colonel. In November the Interior Ministry presented an award to
officers connected to the initial investigation of the tax evasion charges against
Magnitskiy. Police officials also leveled new accusations--that Magnitskiy himself
had been guilty of the tax fraud.
In June Interior Ministry investigator Oleg Silchenko, who reportedly played a key
role in the jailing of lawyer Sergey Magnitskiy, sought to disbar Alexander
Antipov, a lawyer who replaced Magnitskiy at Hermitage Capital. According to a
2009 report in Bloomburg BusinessWeek, lawyers at three separate firms hired by
Hermitage Capital were subject to criminal investigations in 2009, and their offices
were raided by police.
Corruption also exacerbated illegal logging and hunting, further complicating the
country's efforts to enforce environmental standards. On May 27, Pyotr Diyuk, the
Vladivostok-based director of the Primorye Regional Forestry Department, was
placed on temporary administrative leave after a nationally televised investigative
report showed him discussing rampant corruption in his region's forestry sector
with an undercover journalist on a hidden camera. In the interview, Diyuk
corroborated independent reports of widespread illegal logging facilitated by bribes
to forestry and customs officials. The televised report showed video footage of
what presenters claimed to be customs and forestry officers accepting bribes in
exchange for falsified export permits. First Deputy Prime Minister Viktor Zubkov
announced in June that the government planned to send a special investigative
commission to the Primorye Region to examine the substance of Diyuk's
allegations. By year's end the government had not released the results.
There were reports that corrupt officials largely controlled illegal hunting and
trafficking in endangered and protected species through the issuance of licenses
and other permits in return for bribes and other illegal benefits. On June 22, the
Prosecutor General's Office announced charges in an investigation that followed
the January 2009 crash of an Mi-171 helicopter in the Altai. Evidence at the crash
site revealed the involvement of senior officials in hunting endangered argali
sheep. Three passengers who participated in the illegal hunting expedition were
charged with illegal hunting. However, authorities did not announce corruption
charges in the case.
58
RUSSIA
According to the press, a June report by the Audit Chamber found evidence of
corruption in the preparations for the country's participation in the 2010 Winter
Olympics in Vancouver, which cost more than 6.2 billion rubles ($200 million). In
a statement introducing its report, the Audit Chamber indicated that Olympic
preparations were "inefficient, imperfect, and involved corruption."
Police corruption was pervasive. There were credible reports that police imposed
fines on, and demanded bribes from unregistered persons (see section 2.d.). It was
widely believed that they received bribes from persons involved in prostitution.
According to the NGO Agora, there has been a five-fold increase in the cases of
harassment of civil activists between 2006 and 2010. During the year 603 cases of
60
RUSSIA
During the year some senior officials made critical statements that contributed to,
and reflected, increased suspicion of NGO activity. In July Chechen President
Ramzan Kadyrov referred to human rights activists and NGO Memorial as
"enemies of the people, enemies of the law, enemies of the state." The president's
first deputy chief of staff, Vladislav Surkov, has questioned the loyalty of some
human rights NGOs that covered human rights issues or received foreign funding.
On May 19, President Medvedev met with human rights activists, and listened to
their criticisms of Kadyrov's government. On June 23, a Russian delegation to the
Council of Europe's Parliamentary Assembly approved a draft resolution on
Russia's actions in the North Caucasus, which stated that "human rights violations
and the climate of complete impunity were bound to foster the rise of extremist
movements."
There were several dozen large NGO umbrella organizations, as well as thousands
of small grassroots NGOs. In the regions, NGO coalitions continued to focus their
advocacy on such causes as the rights of the disabled and entrepreneurs,
environmental degradation, violations by law enforcement authorities, local
corruption, and the conflict in the North Caucasus.
The law regulating NGOs requires them to register with the Ministry of Justice.
They are required to submit periodic reports to the government that disclose
potentially sensitive information, including sources of foreign funding and detailed
information as to how they used their funds. Since foreign funding remained a
sensitive issue for the security services, NGOs indicated that they were
increasingly cautious about accepting this support, and in many cases those that
continued to do so either restricted their activities to less sensitive issues or
suffered harassment by the FSB. Many NGOs rely on foreign funding due to
insufficient financial support from within the country. In June 2009 the measures
recommended by a working group convened by President Medvedev resulted in a
decrease in the registration requirements for NGOs.
Observers believed that the government selectively applied the NGO law to target
certain NGOs, such as human rights organizations, whose activities they regarded
as hostile to the authorities. The law on extremism was also employed to restrict
the activities of NGOs and criticism of the government. The law defines extremist
61
RUSSIA
The local affiliates of foreign NGOs faced more stringent registration requirements
than purely domestic ones. Most NGOs with foreign ties that met the requirements
for continuing operation in the country were subject to a 2009 prime ministerial
decree that removed their tax-exempt status, making their grants taxable.
Officials are authorized to scrutinize NGOs intrusively, and the law gives NGOs
only limited procedural protections. Under the law the Ministry of Justice has
discretion to deny registration or to request that the courts close organizations,
based on vague and subjective criteria.
Between September 13 and 16, the Moscow prosecutor's offices carried out a series
of coordinated inspections of approximately 40 NGOs. Many NGOs received faxes
demanding that documents be submitted in an unrealistically short period of time.
62
RUSSIA
At times authorities refused to cooperate with NGOs that were critical of their
activities. Chechen Human Rights Ombudsman Nurdi Nukhazhiyev continued his
predecessor's practice of not cooperating with the area's leading human rights
NGO, Memorial. He and Chechen President Kadyrov spoke out publicly against
the NGO. Smaller Memorial centers throughout the country reported that city
administration officials frequently instructed landlords not to rent them office
space.
As of year's end, the ECHR had not ruled on Stanislav Dmitriyevskiy's appeal of
his 2006 conviction in a domestic court for inciting racial and ethnic hatred. At the
time of his conviction, Dmitriyevskiy was head of the Russian-Chechen Friendship
Society, which advocated negotiations between the government and Chechen
rebels to settle the Chechen conflict. The incitement charge was based on
Dmitriyevskiy's publishing statements by Chechen rebel leaders.
In the Jewish Autonomous Republic and some areas in Primorskiy Krai, local
governments worked with NGOs to encourage citizen participation in local self-
governance. In Astrakhan government officials worked closely with local NGOs
devoted to building civil society.
In his 2009 annual report, Ombudsman Lukin stated that his effectiveness was
limited because he was not empowered to propose human rights legislation. He
also noted the difficulty of getting some government officials to respond to
inquiries from his office. Lukin's office has used its influence to draw attention to
human rights problems in prisons. Many leaders of human rights NGOs continued
to note that Lukin was generally effective as an official advocate for many of their
concerns, despite the legal constraints on his position.
Despite a 2008 law apparently intended to increase its authority, many observers
did not consider the 126-member Public Chamber of the Russian Federation to be
an effective check on the government. Some prominent human rights groups
declined to participate in the chamber from the beginning due to concern that the
government would use it to increase control over civil society.
In April 2009 Interior Minister Rashid Nurgaliyev signed a decree allowing rights
groups to monitor conditions of arrest and detention for those being held in pretrial
detention. According to some observers, there has been some success associated
with the decree. In Moscow a committee comprising civil society members has
generally been permitted to observe some detentions. However, increasingly
members of such committees consisted of police personnel rather than human
rights activists, reducing its usefulness as an accountability tool. According to
other activists, there has not been as much compliance with this decree outside of
Moscow, and there has been a level of unsatisfactory compliance for those not yet
serving a criminal sentence. The decree also lacked firm instructions on a
mechanism to implement the plan, effectively giving law enforcement authorities
discretion as to whether to cooperate. The decree also required that law
enforcement authorities be present during any discussions of conditions with
detainees (see section 1.c.).
The law prohibits discrimination based on race, gender, language, social status, or
other circumstances; however, the government did not effectively enforce these
prohibitions.
Women
Rape is illegal, and the law makes no distinctions based on the relationship
between the rapist and the victim. Spousal or acquaintance rape was not widely
perceived as a problem by society or law enforcement authorities. Women were
unlikely to report cases of rape by persons they knew. According to NGOs, many
women did not report rape or other violence due to social stigma and lack of
government support. Rape victims may act as full legal parties in criminal cases
brought against alleged assailants and may seek compensation as part of a court
verdict without initiating a separate civil action. While members of the medical
profession assisted assault victims and sometimes helped identify an assault or rape
case, doctors were often reluctant to provide testimony in court. According to the
MVD, 4,624 rapes or attempted rapes were committed in the first 11 months of the
year, a 6.1percent decrease from 2009.
The penalty for rape is three to six years' imprisonment for a single offender, and
four to 10 years if the crime is committed by a group of persons. The perpetrator
receives eight to 15 years if a victim is underage, and 12 to 20 years if a victim
65
RUSSIA
died or was under 14 years of age. According to NGOs, law enforcement personnel
and prosecutors did not consider spousal or acquaintance rape a priority and did
not encourage reporting or prosecuting such cases. NGOs reported that local police
officers sometimes refused to respond to rape or domestic violence calls until the
victim’s life was directly threatened.
Female inmates in the prison system faced particular challenges. According to the
NGO Penal Reform International (PRI), as of April there were approximately
864,000 female inmates in 45 special prison colonies and detention centers.
Although these inmates faced the same poor living conditions as male prisoners,
66
RUSSIA
the PRI reported that in prison women had much less access to health care
programs for tuberculosis or substance abuse treatment.
Human Rights Watch reports that "honor killings" were a continuing problem in
some areas, such as the Caucasus, although it was difficult to estimate an exact
number of victims.
Some observers noted that the country was a destination for sex tourism. Police
worked closely with at least one foreign government to ensure the prosecution of
sex tourists.
The law does not prohibit sexual harassment, which remained a widespread
problem. NGOs operating hotlines reported that women routinely sought advice on
the problem. The lack of legal remedies and limited economic opportunities caused
many women to tolerate harassment. Authorities have successfully prosecuted only
two sexual harassment cases since 1992.
The government officially recognized the basic right of couples and individuals to
decide freely and responsibly the number, spacing, and timing of their children.
While there are no legal restrictions on access to contraceptives, some reproductive
rights advocates reported that the atmosphere for their work was difficult.
International family planning organizations were unable to operate in the face of
opposition from the government and from the Orthodox Church, making access to
family planning limited, especially outside of big cities. The government explicitly
encourages women to have as many children as possible to counteract the country's
demographic problems (the country's population has declined by six million since
the end of the Soviet Union). According to UN estimates, the maternal mortality
ratio in the country was 39 deaths per 100,000 live births in 2008. Men and
women received equal access to diagnosis and treatment for sexually transmitted
infections, including HIV.
Although the constitution states that men and women have equal rights and
opportunities to pursue those rights, women encountered discrimination in
employment. Job advertisements often specified gender and age groups. Some
even specified desired physical appearance and preference for applicants who were
open to intimate relations with their prospective supervisors. Employers often
preferred to hire men to save on maternity and childcare costs and avoid the
perceived unreliability associated with women with small children. The labor
market was characterized by gender discrimination in compensation, professional
67
RUSSIA
training, hiring and dismissal, and career promotion. However, such discrimination
was often very difficult to prove. According to both RosStat, the federal state
statistics service, and the Center for Labor Studies (of the Higher School of
Economics), in 2007 women earned 35 percent less than men, although some more
recent studies have provided a lower estimate. There is no government office
devoted to women's legal rights. The women's rights NGO Peterburgskaya Egida
reported that instances of pregnant women or those with children under three years
of age being fired by their employers and denied social allowances increased in
recent years.
The 2002 census indicated that 62 percent of women in the country had higher
education, compared to 50 percent of men, and that women made up more than 50
percent of university tutors and professors. Women ran approximately 30 percent
of medium-sized businesses and 10 percent of big businesses in the country. A
March 2009 study by Price-Waterhouse-Coopers (PWC) found that the number of
women taking managerial positions had grown from 30 to 40 percent since the
onset of the economic crisis. Another PWC poll revealed that 90 percent of chief
accountants, 70 percent of human resources senior managers, and 50 percent of
chief financial officers were women. In May 2009 the Supreme Court rejected a St.
Petersburg woman's appeal to drive metro trains; she had filed a discrimination suit
after being turned down for the job because of her gender. Article 253 of the labor
code specifies that female workers should not perform "hard physical jobs and jobs
with harmful or dangerous labor conditions, or work underground except in
nonphysical jobs or sanitary and consumer services." According to the NGO
Peterburgskaya Egida, this article had resulted in a list of 456 professions that
legally exclude women, including diver, gas rescue worker, paratrooper, and
firefighter. Women made up approximately 10 percent of the workforce of the
federal and regional governments.
Children
By law citizenship is derived from parents at birth or from birth within the
country's territory if the parents are unknown or if the child cannot claim the
parents' citizenship. As a rule all newly born babies are registered at the local civil
registry office where parents live. One of the parents must apply for registration
within a month of the birth date, and on the basis of the medical certificate of the
hospital where the baby was born, a birth certificate is issued.
Although education was free to grade 11 and compulsory until age 15 or 16,
regional authorities frequently denied school access to the children of persons not
registered as residents of the locality, including Roma, asylum seekers, and
migrants.
Child abuse was a widespread problem. In June 2009 the Duma passed a law that
increased the maximum sentence for rape of a minor to 20 years. It also increased
the penalties for child molestation and the distribution of child pornography. The
law specifies that the maximum penalty for child molestation, if certain
aggravating factors are present, is 20 years and for the distribution of child
pornography, up to 10 years if aggravating factors are present.
Children, particularly the homeless and orphans, were exploited for child
pornography. While authorities working on the issue viewed child pornography as
a serious problem, the law prohibiting it lacked important details, and authorities
seldom invoked it. The law does not define child pornography, criminalize its
69
RUSSIA
In 2008, the latest year for which figures were available, authorities registered 356
cases of the distribution of child pornography, opened preliminary investigations
into 159 (an increase of 17.6 percent over the previous year), and brought
indictments in 157. In 2009 the number of investigations increased to 259.
However, an MVD official noted that, while the performance of MVD officers
investigating pornography had improved, the trade in child pornography remained
strong. In March an MVD spokesman stated that a hotline for reporting instances
of child pornography received 10,000 calls in 2009, leading to the shutdown of
3,000 distribution channels, including 300 shut down outside the country by
cooperating foreign law enforcement agencies.
The government has created two federal resources to respond to the threat of child
pornography through the Internet: the Russian Safer Internet Center, established in
2008 with a hotline to receive information on illegal content sources, and the
Friendly Runet Foundation created in 2009 with the direct participation of the
Interior Ministry, which also has a hotline for reporting Internet sources with
illegal content.
Citing MVD statistics, a Public Chamber representative said in May that each year
nearly 120,000 children were orphaned, and each day, 200-220 were taken away
from neglectful parents. The representative estimated that 600,000 children were
located in different types of institutional and foster care. In a 2008 report, the NGO
Children's Rights estimated that approximately 40,000 children ran away from
70
RUSSIA
home annually to escape abuse and neglect and that 20,000 orphans fled similar
conditions in orphanages. The report, as updated in February 2009, corroborated
the MVD statistics of approximately 120,000 new orphans every year.
The NGO Children's Rights estimated that 2 percent of the country's children were
neglected or lived on the streets. Police attempted to return approximately 70
percent of them to a home or institution. According to Rossiskaya Gazeta, a
government publication, the number of children living in extreme poverty fell from
3.1 percent in November 2008 to 1.4 percent in November of 2009. According to
Investigative Committee head Alexander Bastrykin, during the year 100,000
children were the victims of serious crimes, a decrease from 126,000 child victims
in 2008. An estimated 20,000 minors were missing at the end of the year, including
5,000 small children.
Although there was no nationwide telephone hotline for reporting child abuse, the
Presidential Administration, in conjunction with foreign governments, provided
grants through the National Charity Foundation to local NGOs, such as the
National Foundation for the Prevention of Cruelty to Children, to train staff on and
strengthen local hotlines for child abuse across the country.
In March 2007 the government implemented its flagship child welfare program,
Children of Russia. During the year this program continued the construction and
renovation of orphanages and centers for disabled children and detention centers
for juvenile offenders. The program also focused on the comprehensive
rehabilitation and social integration of disabled children in a family environment
and supplied children's rehabilitation centers with equipment.
Russia is not a party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. For information on international child abduction,
please see the Department of State's annual report on compliance at
http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.htm
l as well as country-specific information at
http://travel.state.gov/abduction/country/country_3781.html.
Anti-Semitism
An estimated 250,000 Jews lived in the country, constituting less than 0.25 percent
of the population, according to government sources and various Jewish groups.
72
RUSSIA
Some researchers believed that the number was underreported due to the hesitation
of some Jews to publicly identify their background.
According to a May 24 report from Jewish.ru, soccer fans from St. Petersburg
angry about their team's loss in a game held in Rostov-on-Don beat up Roman
Kosarev, a Jew, and shouted anti-Semitic epithets. Authorities began an
investigation and promised to bring those responsible to justice. There were no
further developments by year's end.
On June 22, an explosion next to a synagogue in Tver took place in the middle of
the night, damaging the exterior of the building but causing no casualties. The
governor of the Tver Region announced that he would take the investigation of the
attack under his personal control. As of the end of the reporting period, there was
no further information on the attack.
On October 28, a Moscow Court sentenced a 22-year old neo-fascist with links to
the Nationalist Socialist Society to life imprisonment for killing 15 persons, some
of whom were Jewish. According to the head of the Ministry of Interior' Scientific
Research Institute, there are more than 150 neo-Nazi groups in Russia, and the
number was rising.
On May 27, a court fined a Novosibirsk man 1,000 rubles ($33) for distributing the
Nazi propaganda film Eternal Jew. On July 9, a Tyumen court dismissed
incitement charges against college professor Svetlana Shestakova for a series of
lectures in which she claimed that Jews ritually kill Christian children. The court
74
RUSSIA
dropped the charges due to the expiration of a statute of limitation, according to the
Union of Councils of Former Soviet Jews.
On June 30, the editor of the newspaper Russian Truth was fined 450,000 rubles
($14,720) for inciting ethnic hatred in a 2006 publication entitled Why don't people
like the Jewish mafia?
The government has publicly criticized nationalist ideology and expressed support
for legal action in response to anti-Semitic acts. However, the Liberal Democratic
Party organized a July 10 Duma roundtable called "On the Question of
Recognizing the Genocide of the Russian People," which resulted in a declaration
blaming the "international Zionist financial mafia for genocide against the Russian
people."
Federal authorities, and in many cases regional and local authorities, facilitated the
establishment of new Jewish institutions. Vladimir Putin, both as president in 2008
and subsequently as prime minister, publicly criticized anti-Semitism and
supported the establishment of the Museum of Tolerance by the Federation of
Jewish Communities of Russia. Work continued on a 2.7 billion ruble ($89
million) complex on land donated by the Moscow city government to house the
museum as well as Jewish community institutions, including a school and a
hospital.
Trafficking in Persons
In May 2009, the daily Moskovskiy Komsomolets reported that there were 13
million persons with disabilities. In 2006 the human rights ombudsman stated that
in the previous 10 years more than 120,000 persons have become disabled as a
result of military actions and war injuries, and according to the NGO Perspektiva,
the number continued to grow as a result of new conflicts. Persons with disabilities
generally were excluded from the social and political life of their communities and
isolated from mainstream society. However, there were several Duma deputies
with disabilities, and lobbying in favor of persons with disabilities to improve
legislation occurred. A joint study released in May 2009 by the Public Chamber
and EU representatives found that 20 percent of respondents considered persons
with disabilities to be burdens on society. Forty percent of the disabled surveyed
reported that they experienced social problems, in particular insults and hostility.
At the same time, disability rights activists believe that some attitudes were
changing for the better. An August 27 rally in Moscow, in which many wheelchair
users and celebrities participated, attracted three times as many participants as the
same rally did in 2009; the rally was supported by many officials and was covered
by all major television and radio stations, newspapers, and blogs.
Conditions in institutions for adults with disabilities were often poor, with
unqualified staff and overcrowding. The residents were mainly "graduates" of
similar institutions for children. Institutions rarely attempted to develop the
abilities of residents, who were frequently confined to the institutions and
sometimes restricted in their movement within the institutions themselves.
Federal law on the protection of persons with disabilities requires that buildings be
made accessible to persons with disabilities, but authorities did not enforce the law,
and in practice most buildings were not accessible. A reporter for Noviye Izvestiye
estimated in a September 2009 article that 10 to 30 percent of Moscow's buildings
were inaccessible to persons with disabilities. Likewise, only 8 percent of the city's
36,000 street crossings were completely equipped for the disabled. Although
accessibility requirements were imposed in 1995, efforts to realize them have been
undertaken in earnest only in the last three to five years.
76
RUSSIA
There are laws establishing employment quotas for persons with disabilities at the
federal and local levels; however, some local authorities and private employers
continued to discourage such persons from working, and there was no penalty for
failure to honor quotas. Human rights NGOs made some progress in persuading
foreign companies in larger cities, including Moscow, to consider persons with
disabilities as potential employees, and the Moscow city government reportedly
encouraged employers to hire persons with disabilities. In September the NGO
Perspektiva reported that the onset of the economic crisis had worsened
employment prospects for persons with disabilities; however, Perspektiva had no
statistics on the scope of the problem.
with disabilities. Education authorities often tried to keep youths with disabilities
out of school due to lack of special programs. Parents of children without
disabilities often were averse to their children studying with children with
disabilities. Rights activists stated, however, that attitudes toward including
disabled children in mainstream schools were changing, with such children being
admitted to schools in many places around the country, although the numbers are
still small.
Perspektiva noted that rather than provide special equipment that would allow a
visually impaired child to attend class, the school administration in Stavropol
recommended that the child receive education at home. In response to a complaint
filed by lawyers on behalf of the student's family, the school revoked its initial
recommendation and provided the needed equipment as well as a staff member to
escort the child to classes.
National/Racial/Ethnic Minorities
The number of reported hate crimes increased during the year, and skinhead groups
and other extreme nationalist organizations fomented racially motivated violence.
Racist propaganda remained a problem during the year, although courts continued
to convict individuals of inciting ethnic hatred by means of propaganda. In
December, in the wake of the death of an ethnic Russian after a street brawl
involving ethnic Russians and persons of Caucasus origin, Moscow experienced
widespread racial rioting by thousands of participants that the authorities were
often unable to control. Several dozen individuals of Central Asian and Caucasus
appearance were attacked and severely beaten in the capital. President Medvedev
condemned the nationalist violence. Some high-level government officials initially
failed to do so, and some appeared to give legitimacy to the demands of the
nationalists, placing the blame on foreign migrants.
shall be forced to identify and state their ethnicity." Some officials appeared to
stoke societal antipathy toward migrant workers from Central Asia by making
statements imputing greater criminality to migrants than to citizens. In May 2009
Federal Investigative Committee head Aleksandr Bastrykin commented to an
interviewer that migrants were to blame for the majority of crimes in society. In
December hundreds of members of the Young Guard, a youth wing of the United
Russia Party, rallied in Moscow to demand the expulsion of millions of nonethnic
Russian labor migrants.
The SOVA Center reported a general increase in the amount of racially motivated
violence. According to SOVA data, there were 400 racially motivated attacks
during the year, resulting in 37 deaths and 363 injuries, an increase from 19
persons killed and 167 injured in 2009. The SOVA Center stated that during the
81
RUSSIA
A June 2009 report by SOVA noted that, in addition to their more traditional
targets, neo-Nazis were increasing their attacks on law-enforcement personnel. For
example, on April 12, Moscow judge Eduard Chuvashov was shot to death in his
central Moscow apartment complex. He had presided over high-profile trials of
fascists, including the ultranationalist White Wolves gang and the Ryno-
Skachevsky group. The White Wolves had been charged with killing non-white
victims and the Ryno group with killing 20 persons and targeting migrants.
On April 30, a Moscow city court outlawed the neo-Nazi Slavic Union group,
declaring it extremist.
On May 14, a grenade was thrown into a Muslim-owned store in St. Petersburg. It
is suspected that the crime was racially motivated. On May17, a popular ethnically
Brazilian Soviet-era actor, Tito Romalio, was attacked and later died. It was
suspected that the crime was racially motivated as well.
On July 27, the Tver city court sentenced neo-Nazi Russian National Unity group
member Dmitry Orlov to life in jail for four killings and multiple assaults
stemming from hate crimes committed between 2005 and 2006.
On July 29, four teenagers in St. Petersburg were found guilty by the Vyborgskiy
District Court of St. Petersburg of inflaming ethnic hatred and attacking a group of
Asians. One victim died from the attack, and the killer was sentenced to a seven
and one-half years in prison. The other three perpetrators received suspended
sentences of three to four years.
In August 2009 FSB officers arrested Anton Mukhachev, one of the suspected
cofounders of the extreme nationalist organization Northern Brotherhood and its
Internet-based game Bolshaya Igra, and charged him with incitement to ethnic
hatred. Mukhachev remained in detention at year's end. An investigation into his
alleged crimes was completed in the summer, but a trial has not yet been
82
RUSSIA
Six persons of North Caucasus origin were convicted and sentenced in connection
with the 2006 ethnic rioting in Kondopoga, Karelia. Their sentences ranged from
three to 22 years' imprisonment.
and ethnic intolerance had reached a dangerous level. According to Poltoranin, "To
say that in Russia foreign citizens are being victimized en masse is stupid. These
are isolated incidents." During the Manezh square riots, on multiple occasions,
police effectively protected members of ethnic minorities who had been targeted
for attack by neo-nationalist groups.
Indigenous People
The law provides for support of indigenous ethnic communities, permits them to
create self-governing bodies, and allows them to seek compensation if economic
development threatens their lands. Groups such as the Buryats in Siberia and ethnic
groups in the far north (including the Enver, Tafarli, Chukchi, and others)
continued to work actively to preserve and defend their cultures as well as their
right to benefit from the economic resources of their regions. Most asserted that
they received the same treatment as ethnic Russians, although some groups
claimed that they were not represented, or were underrepresented, in regional
governments.
In Moscow authorities banned permits for a gay pride parade for the fifth year.
Moscow's then mayor Yury Luzhkov, described gay pride marches as "satanic."
However, on May 29, rights activists in Moscow, employing stealth tactics,
managed to hold a rally in the center of Moscow despite a ban imposed by the
city's authorities. The protesters walked for approximately six-tenths of a mile and
left when they saw police. There were no reports of attempts to stop the activists. A
few hours later another march took place in northwest Moscow. On the same day,
representatives of the Russian Orthodox, Protestant, Muslim, and Buddhist
communities made statements in support of then mayor Luzhkov's position and
against public actions by sexual minorities.
Five participants in a gay rights rally at the Hermitage Museum in St. Petersburg
were arrested for taking part in an unauthorized event on June 26. The police also
arrested 20 men who reportedly planned to attack the demonstrators. All were
released the next day.
Societal animosity toward gays remained strong. In 2008 two youths killed a man
they perceived to be gay. Police arrested both individuals, and at year's end they
remained under investigation. On October 30, an estimated 1,000 protesters staged
a rally in Moscow against gay parades, the legalization of same-sex marriages, and
immorality. According to press reports, the rally was organized by a number of
Orthodox organizations; many participants carried signs, among them ones that
read: "A gay parade will never be held in Moscow." The protest followed a ruling
earlier in the month by the ECHR that found the city's ban on gay pride parades to
be in violation of the European Convention on Human Rights.
The law provides workers the right to form and join unions, but government policy
limited its exercise in practice. For example, by law, the Federal Registration
Service should consider a union officially registered once it has submitted the
requisite documents. In practice, however, labor experts asserted that the
documents a union must submit vary among regional offices of the service, and the
offices often find fault with the papers provided for minor, bureaucratic reasons.
Police and prosecutors often questioned union activists based on written orders
from the regional office of the FSB. Union activists also alleged that police
pressured them to become informants.
86
RUSSIA
On July 13, Ministry of Interior Senior Police Lieutenant Mikhailova met with
Denis Litvin, the chair of the Interregional Union of Autoworkers' affiliate, at his
workplace, Tagro, which produces food processing equipment. During the meeting
Mikhailova accused Litvin of falsifying union documents and demanded a list of
union members and information on his friends and labor activists, which he refused
to supply. On July 30, Tagro security staff detained Litvin and threatened him with
physical violence if he did not stop distributing union information and "stirring up
people." In September, after Litvin won a court case against management for
antiunion discrimination, management fired him instead of implementing the court
ruling.
the prosecutor general at the request of the Public Chamber, Urusov's status
remained unchanged at year's end.
The law establishes the right to strike, but that right was difficult to exercise. The
majority of strikes were considered technically illegal because they violated one or
more of a complex set of procedures governing disputes. The law requires the
provision of a minimum level of essential services if a strike could affect the safety
or health of citizens. The labor code prohibits strikes in the military and emergency
response services. In addition, it prohibits strikes in essential public service sectors,
including utilities and transportation, or strikes that would threaten the country's
defense and safety or the life and health of its workers. According to the FNPR, the
legal preparation for a strike takes at least 40 days.
As of November the State Statistics Service had not registered any strikes.
Independent commentators, on the other hand, noted a significant number of
protest actions. The Center for Social and Labor Rights (Moscow) registered 102
protests in the first half of the year, which included 44 protest actions that involved
the complete or partial cessation of work. The majority of labor disputes occurred
in the manufacturing sector, particularly in machine-building enterprises. In 2009
the primary causes of labor disputes were wage arrears (more than 50 percent),
layoffs (21 percent), and company reorganization or closure (18 percent).
the militia forces was billed to the trade union leaders. The case was not resolved
by year's end.
The law provides for collective bargaining but favors larger, established unions
over newer, smaller unions or professional "craft" unions. Employers were slow to
recognize newly formed unions. In addition, they often accepted union requests for
collective bargaining reluctantly and failed to provide union representatives with
financial reports. In 2009 the FNPR reported that 87 percent of its enterprises had
collective bargaining agreements. Some companies tried to use the excuse of
financial difficulties to avoid concluding new agreements or disregarded the
existing ones in violation of labor legislation norms.
On June 15, workers at St. Petersburg Faurecia, a French producer of plastic parts
for Ford, Renault, Volkswagen, and other auto manufacturers, formed a union. On
the morning of June 18, they notified the management that the union had been
established; by the evening of the same day, the union leader, Alexei Lyaushko,
was fired. The local union filed a court case for Lyaushko's reinstatement.
Union members at the Progress aircraft plant in Arsenyev complained to the plant's
administration that salary levels had not been reviewed in three years. Wages at the
plant were lower than the regional average and approximately half that of workers
in similar companies. When negotiations with the administration were
unsuccessful, the union appealed to the Arsenyev City Court, which denied the
trade union's appeal in February. The Primorskiy Kray Court, however, ruled in
July that the union was justified in its demand for higher wages in accordance with
labor code salary regulations. As a result, the plant's administration had to increase
wages according to the appropriate indexation level. According to the union, the
raise had to be more than 60 percent. On August 17, the union issued a statement,
asserting that its members were "under pressure and discrimination in wage
payment, organized by the plant's administration." One worker stated that those
89
RUSSIA
who complained about wages no longer received bonus payments, as had been the
case prior to the court case, and that the administration did not allow them to work
overtime.
The law prohibits forced or compulsory labor; however, there were reports that
such practices occurred. Men, women, and children from Russia are subjected to
conditions of forced labor in Russia, including work in the construction industry, in
textile shops, and in agriculture, according to the National Foundation for the
Prevention of Cruelty to Children and UNICEF's Russia Office.
Military personnel have been investigated in the past for the labor exploitation of
military conscripts under their command. Men from the Far Eastern part of the
country were subjected to conditions of debt bondage and forced labor, including
in the agricultural and fishing sectors. Men, women, and children, including those
from foreign countries, including Belarus, Kyrgyzstan, Tajikistan, Uzbekistan,
Ukraine, and Moldova, were subjected to conditions of forced labor, including
work in the construction industry, in textile shops, and in agriculture.
According to different estimates from BBC News and the Vneshmarket Web site,
between 1,500 and 21,000 men and women from North Korea were subjected to
conditions of forced labor, specifically in the construction, agriculture, and logging
sectors.
The law prohibits forced or bonded labor by children; however, such practices
reportedly occurred.
There are laws to protect children from exploitation in the workplace, including
laws against compulsory labor; however, authorities did not effectively implement
laws and policies that would protect children, nor did the government appear to
consider child labor to be a problem. In urban areas the employment of children
90
RUSSIA
The law prohibits the employment of children under the age of 16 in most cases
and regulates the working conditions of children under the age of 18, including
prohibiting dangerous nighttime and overtime work. The law permits children,
under certain conditions and with the approval of a parent or guardian, to work at
the age of 14. Such work must not threaten the child's health or welfare.
The Federal Labor and Employment Service (FLES) is responsible for inspecting
enterprises and organizations to identify violations of labor and occupational health
standards for minors. Local police only investigated in response to complaints.
FLES reported 10,000 violations of child labor laws in 2008 (the latest statistics
available), noting that the victims often received little pay and suffered from unsafe
working conditions. FLES noted that most of the abuses it discovered occurred in
the industrial, trade, and agricultural sectors. According to FLES, employers paid
1.5 million rubles ($49,600) in fines for violating child labor laws in 2008.
The legal minimum wage was 4,330 rubles ($143) per month. The minimum wage
was not sufficient to provide a decent standard of living for a worker and family.
In March and April, employees of the Kushva Mechanical Shop Ltd. and Amur
Machine Building Plant in Sverdlovsk Oblast filed criminal cases against their
employers. Under pressure due to economic instability and significant wage
arrears, the management of both enterprises had demanded that employees take out
personal loans and lend the borrowed money to their employers "for factory
needs." Threatened with dismissal, the employees had complied. To date, the
borrowers (employers) have not paid the employees back. Challenged with
increasing salary debts and growing bank interest, the employees appealed to the
91
RUSSIA
ombudsman and the general prosecutor of Sverdlovsk Oblast. The conflicts have
proven difficult to resolve, however, due to scant factual evidence of employer
pressure other than employees' testimony.
The law provides for a standard workweek of 40 hours with at least one 24-hour
rest period and requires premium pay for overtime or work on holidays.
Information was insufficient to determine the extent to which employers observed
these standards in practice.
The law establishes minimum conditions for workplace safety and worker health.
The FLES is responsible for enforcement. However, the government did not
allocate sufficient resources to enforce these standards effectively. In many cases
factory workers did not have adequate protective equipment and clothing,
enterprises stored hazardous materials in open areas, emergency exits were locked,
and smoking was permitted near flammable substances. The FLES reported that
occupational incidents caused more than 3,190 deaths, including those of 278
women and two minors in 2009, and that unsatisfactory working conditions
directly or indirectly caused up to 40 percent of all diseases among workers. In
2008 the Health Ministry initiated a two-year program to improve working
conditions and worker safety in an attempt to transition from a reactive policy to
one of proactive management of hazards to workers' health.
The law gives workers the right to remove themselves from hazardous or life-
threatening work situations without jeopardizing their continued employment;
however, the government did not effectively enforce this right. Many companies
employing workers in hazardous conditions awarded bonuses based on worker
productivity, which could encourage workers to jeopardize their safety for higher
salaries.
92
RUSSIA
The law entitles foreigners working legally in the country to the same rights and
protections as citizens. However, Human Rights Watch noted in a May 2009 report
that many employers in the construction sector, in which migrant laborers often
worked, did not enforce safety standards, nor did they provide migrant workers
with mandatory insurance or medical treatment. For example, press reports during
the year cited multiple claims by workers of poor housing and nutrition, as well as
long, 13-hour workdays on construction sites associated with the 2012 Asia-Pacific
Economic Cooperation Forum in Vladivostok.