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Russia

The Russian Federation has a centralized political system with significant human rights issues, including political repression, media control, and widespread corruption. Reports indicate serious abuses such as arbitrary detention, torture, and violence against journalists and activists, particularly in the North Caucasus region. The government has been criticized for failing to hold perpetrators accountable for human rights violations and for limiting the rights of various social groups.

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0% found this document useful (0 votes)
13 views92 pages

Russia

The Russian Federation has a centralized political system with significant human rights issues, including political repression, media control, and widespread corruption. Reports indicate serious abuses such as arbitrary detention, torture, and violence against journalists and activists, particularly in the North Caucasus region. The government has been criticized for failing to hold perpetrators accountable for human rights violations and for limiting the rights of various social groups.

Uploaded by

Umashankar Soni
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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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.

Corruption was widespread throughout the executive, legislative, and judicial


branches, and officials often engaged in corrupt practices. Corruption in law
enforcement remained a serious problem. Political and executive influence on the
judicial system was observed in some high-profile cases. The government made it
difficult for some nongovernmental organizations (NGOs) to carry out their work.
Unidentified assailants physically attacked NGO leaders who took positions
opposed to government policies or private interests. Security services and local
authorities at times fabricated grounds for legal justification for searches and raids
on civil society groups. Violence against women and children, including domestic
violence, remained a significant problem. Trafficking in persons continued to be a
significant problem. During the year xenophobic, racial, anti-Semitic, and ethnic
2
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attacks and hate crimes, particularly by skinheads, nationalists, and right-wing


extremists, continued to be significant problems. There were instances of societal
discrimination, harassment, and violence against religious and ethnic minorities.
There continued to be some governmental and widespread social discrimination
against persons with disabilities, ethnic minorities, and dark-skinned immigrants.
Worker rights were limited. Labor activists reported police used intimidation
techniques against union supporters, including detention, interrogations, and
provocation of physical confrontation.

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.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

Arbitrary or Unlawful Deprivation of Life

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
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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.

According to the publication Kommersant, in May, Roman Suslov, a 21-year-old


draftee, was found hanged on a train bound for his military posting. Although the
army claimed he committed suicide, Suslov's body showed clear signs of violent
death and no signs of hanging. Suslov had sent a text message to his parents on the
day of his death warning of the brutal conditions in the military, writing "they will
either kill me or make me disabled." The authorities opened an investigation only
after repeated demands by his parents.

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
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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.

According to the Glasnost Defense Foundation, a number of journalists were killed


during the year, possibly for reasons related to their professional activities. The
government officially reopened investigations into the killings of several
journalists from previous years (see section 2.a.), although by year's end there were
arrests only in one case, that of the lawyer Stanislav Markelov and Novaya Gazeta
reporter Anastasiya Baburova. Many of the killings were related to the conflict in
the North Caucasus (see section 1.g.).

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.

There were no developments in the January 2009 fatal beating of 20-year-old


activist Anton Stradymov in Moscow. Stradymov was a member of the National
Bolshevik group. He had also participated in a number of "dissenters marches," a
form of political opposition protest begun in 2006.

There were no developments in the shooting death in November 2009 by unknown


persons of antifascist activist Ivan Khutorskoy.

There were no developments in the October 2009 killing of prominent Ingush


human rights activist Maksharip Aushev or the December 2009 killing of several
of his relatives. Despite the promise of Ingushetiya’s president, Yunus-Bek
Yevkurov Yevkurov, that there would be a vigorous investigation of Aushev's
killing, no arrests were reported.
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There were no developments in the December 2009 killing of Gennadiy Prudetskiy


director of the charity Social Defense for Victims of Repression. Investigators
believed his shooting death could be related to his work with the charity.

There were no developments in the cases of Muslim religious scholars Saihadji


Saihadjiev, Nustap Abdurakhmanov, and Akhmed Hadjimagomedov, who were
abducted and killed in 2008 in Dagestan.

Rebel forces committed extrajudicial killings in the conflicts in the North Caucasus
area (see section 1.g.).

b. Disappearance

Reports of politically motivated disappearances in connection with the conflicts in


the Northern Caucasus continued. According to Caucasian Knot, an online Russian
news agency specializing in reporting on the Caucasus, there were 52 cases of
kidnappings or illegal detentions in the region, and only 16 of those persons were
confirmed to have returned home (see section 1.g.).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or


Punishment

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 February 11, police in Bashkortostan detained Dmitry Apanin, a fifth-year


university student. News reports indicated officers mistook Apanin's severe stutter
for evidence of intoxication and took him to a detoxification center. There, he was
allegedly beaten, which resulted in breaking one of his spinal vertebrae.
6
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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 February 11, the chair of the Investigative Committee--a federal autonomous


investigative body--Aleksandr Bastrykin ordered the reopening of a 2008 police
beating case of several young men near Moscow's Sokolniki Metro Station. Police
reportedly used billy clubs and electric shock in the beating. According to the Web
site avtonom.org, a case had been opened against the police but later closed due to
a lack of evidence.

There continued to be instances of attacks on political and human rights activists,


critics of government policies, and persons whom the government considered
supportive of the opposition. For example, government forces engaged in the
conflict in the North Caucasus reportedly tortured and otherwise mistreated
civilians, as well as participants in the conflict (see section 1.g.).

In March Amnesty International reported an attack on Vadim Karastelev, a


member of the Novorossisk Human Rights Committee. He was severely beaten by
two men outside his home. The attack occurred a day after his release from police
detention, where he had been under arrest for seven days for an administrative
7
RUSSIA

offense--organizing a demonstration and allegedly disobeying police orders.


Karastelev had earlier distributed leaflets calling for public support for police
reform and support for former policeman Aleksey Dymovskiy, who is widely
known for his Youtube video calling on President Medvedev to reform the police.
According to police in Novorossisk, one person was detained in connection with
the attack, which police investigators described as an act of "hooliganism." (see
section 1.d.).

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.

On November 4, unknown assailants attacked environmental activist Konstantin


Fetisov with baseball bats outside his apartment building, fracturing his skull.
Observers linked the attack to Fetisov's participation in the campaign to preserve
the Khimki forest. According to the Moscow Times, on December 27, police
detained Andrei Chernyshev, Andrei Kashirin, and Vyacheslav Kovalyov in
connection with the beating. Chernyshev, who is a department head of the property
management committee in the Khimki City Hall, is suspected by the authorities of
hiring the other two unemployed men to commit the beating.

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
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prosecutor refused to proceed. A federal prosecutor reopened the case, and Basov
began his trial for rape in October.

Reported abuses against military servicemen, particularly "dedovshchina," and the


violent hazing of junior recruits in the military and other security services
increased in the first half of the year. According to military officials, from January
through May, such incidents increased by 150 percent compared with the same
period in 2009. The newspaper Vedimosti reported that during the same period,
approximately 1,167 conscripts were hazed. Earlier in the year, the commander of
the Siberian Military District told reporters that there was no dramatic decrease in
such offenses as had been expected by military officials following the reduction in
the period of mandatory military service to 12 months. Soldiers serving on
contracts reportedly replaced senior soldiers as the main perpetrators of hazing.
Such mistreatment often included beatings and extortion. According to the chief
military prosecutor of the Russian Federation, Sergey Fridinskiy, more than 2,000
servicemen were convicted during the year of hazing recruits.

In an interview with Argumenty I Fakty, Chief Military Prosecutor Sergey


Fridinskiy said the number of hazing cases in the armed forces in 2010 increased
by 18 percent over 2009. He believes the increase is related to a more than double
increase in the number of conscripts. Supervising officers are also to blame, he
noted. In 2009 Committee of Soldiers' Mothers regional committees reported
receiving 9,523 complaints of hazing mistreatment of servicemen from 20 regions
of the country, similar to previous years. The complaints mostly concerned
beatings, but also included sexual abuse, torture, and enslavement. Soldiers often
did not report hazing to unit officers or military prosecutors due to fear of reprisals,
since in some cases officers allegedly tolerated or even encouraged hazing as a
means of controlling their units. Such cases were usually investigated only
following pressure from family members, NGOs, or the media.

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.
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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.

There were no developments in the investigation of the October 2009 hanging


death of 19-year-old private Denis Kostenko of Volgograd in Khabarovskiy Kray.

The human rights ombudsman, as well as the Committee of Soldiers' Mothers,


stated there was a growing problem with young men being forced to sign contracts
to serve in the military forces. According to the Committee of Soldiers' Mothers,
10 soldiers had filed complaints with their organization regarding being forced to
sign military service contracts.

According to the Committee of Soldiers' Mothers, there were approximately 2,000


criminal cases related to violence amongst soldiers filed with the Ministry of
Defense during the year. As in the past, hazing problems were reported to be
particularly common in units that had previously served in areas of military
conflict.

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 and Detention Center Conditions

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
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Conditions in SIZO pretrial facilities varied considerably, but many remained


extremely harsh and posed a serious threat to health and life. In past years official
statistics generally recorded several thousand prisoner deaths per year in SIZOs.
Health, nutrition, ventilation, and sanitation standards remained low.
Overcrowding was common, but the Federal Prison Service reported that by
February, approximately 129,800 suspects were being held in pretrial detention
facilities, a significant reduction from the previous year.

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.

Russian-born Latvian national Grigoris Spektors, who was accused of an economic


crime, was denied critically needed medical treatment for diabetes and gangrene in
a prison medical facility during the year and instead was incarcerated in Pretrial
Detention Center Number Four. When Spektors was able to pay five million rubles
($161,000) for bail, the bail was increased to 18 million rubles ($582,000).
Spektors was subsequently released and was undergoing treatment in Riga, Latvia,
at year's end.

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).

In January eight prison employees of the IK-1 (penal colony number 1) in


Kopeysk, Chelyabinsk Oblast, were charged with brutality for the beating deaths of
four inmates in 2008 while trying to end a riot. In October 2009 investigators in
Chelyabinsk charged the head of the Oblast's FSIN, Vladimir Zhidkov, and 17
subordinates with deliberately covering up the killing. Zhidkov faced either a fine
11
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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.

Most convicted prisoners were imprisoned in correctional labor colonies, which


provided greater freedom of movement than SIZOs; however, at times guards
humiliated and beat prisoners, according to Amnesty International. The country's
prisons, distinct from correctional colonies, are penitentiary institutions for those
who repeatedly violate the rules in ITKs.

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 July, according to FSIN data, approximately 41 percent of persons


incarcerated in the federal prison system had some type of illness. However, in
August the General Prosecutor's Office stated that 90 percent of inmates have
health problems, and there were 1.2 million cases of illness. Approximately 67,000
inmates had mental disorders, 40,000 had active tuberculosis, and 55,000 had HIV.
Statistics for the number of drug and alcohol addicts in prison were not available
for 2010. Tuberculosis infection rates were far higher in detention facilities than in
the population at large. Some defense attorneys reported the risk of contracting a
disease in prison is very high and that some lawyers feared meeting with their
clients for fear of contracting illness, such as tuberculosis. The European Court of
Human Rights (ECHR) has entered various judgments against the country for
failing to provide adequate medical care and not providing humane conditions and
adequate space per prisoner.

Abuse of prisoners by other prisoners continued to be a problem. Violence among


inmates, including beating and rape, was common. There were elaborate inmate-
enforced caste systems in which certain groups, including informers, homosexuals,
rapists, prison rape victims, and child molesters were considered "untouchables"
(the lowest caste) and treated harshly. Prison authorities provided little or no
protection.
12
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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.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention; however, in practice they
remained problems.
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Role of the Police and Security Apparatus

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
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24,000 rubles ($775). He was held in pretrial detention for two months, and then
released (see section 4).

On July 1, authorities released Tatyana Kazakova, mayor of the Siberian village of


Listvyanka, whom the FSB had arrested in 2008, accused of abuse of office and
election irregularities, and held for more than two years in pretrial detention.
Observers alleged her arrest may have been ordered in retaliation for her request
for a criminal inquiry into an FSB-owned resort. The federal children's
ombudsman, Pavel Astakhov, called the government's refusal to allow Kazakova's
children to visit her during detention a "major injustice" and declared she was
being persecuted, a charge echoed by the Siberian human rights ombudsman.
Kazakova was found guilty of a felony, but her six-year sentence was suspended in
September.

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.

Arrest Procedures and Treatment While in Detention

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
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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.

Legal limitations on detention were generally respected outside of the North


Caucasus; however, there were exceptions. There were reports of occasional
violations of the 48-hour limit for holding an arrestee. At times authorities failed to
write the official detention protocol within the required three hours after the actual
detention and held suspects longer than the legal detention limits. In April
legislation was adopted to provide remedies in domestic courts for persons with
grievances over prolonged detention (see section 1.e.).

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.
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Judges occasionally suppressed confessions of suspects if they were taken without


a lawyer present. They also at times freed suspects who were held in excess of
detention limits, although they usually granted prosecutors' motions to extend the
detention period for good cause. The Supreme Court overturned a number of cases
in which lower court judges permitted prolonged detention on what the Supreme
Court deemed inadequate grounds.

e. Denial of Fair Public Trial

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.

Despite recent increases in judges' salaries, reports of judges accepting bribes


continued. For the first half of the year, the Supreme Qualifying Collegium of
Judges removed one judge from office for a disciplinary offense and warned
another. This collegium is charged with certifying appointments to the judiciary
and judges' promotions. Regional qualifying collegia during this period disciplined
163 judges for disciplinary violations, including 155 judges of the courts of general
jurisdiction and eight arbitrazh (commercial court) judges. In addition, a
considerable number of judges each year are allowed to leave office on their own
initiative without any question of discipline being raised formally.

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
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classification of crimes as criminal rather than administrative. The head of the


Supreme Court, Vyacheslav Lebedev, called for stricter selection of future judges,
noting that 60 to 70 judges each year are dismissed.

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 February 2009 a Moscow judge, Olga Kudeshkina, publicly criticized Moscow's


judicial system, alleging widespread improper influence on rulings and calling it an
"instrument for settling political, commercial, or personal scores." She was
subsequently dismissed from her position. She appealed her case to the European
Court of Human Rights (ECHR), which in August awarded her 10,000 euros
($13,400).

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.
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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.

Political Prisoners and Detainees


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Authorities selectively detained and prosecuted members of the political


opposition. On December 31, during a Strategy 31 demonstration for the right of
freedom of assembly, authorities arrested opposition figures Boris Nemtsov, Ilya
Yashin Eduard Limonov, Vladimir Tor, and Konstantin Kosyakin. Charges ranged
from failure to comply with a police directive to hooliganism.

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.

In August, in what his lawyers described as a serious human rights violation,


authorities transferred Aleksey Sokolov, the head of Sverdlovsk-based NGO Legal
Basis, which highlights corruption and abuse in prisons, to an unspecified
Krasnoyarsk Krai penitentiary by order of the FSIN. On September 5, Sokolov
reported that while in transit, the head of the Novosibirsk detention center beat
him. Sokolov stated he was ordered to put in writing he had initiated the fight.
Despite his injuries, Sokolov did not receive medical attention for eight days.
Sokolov was arrested in May 2009 and convicted on charges of having committed
a burglary five years earlier. Sokolov had received warnings local authorities
would "find a reason" to imprison him if he continued his human rights work (see
section 5).

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.

Valentin Danilov continued serving a 13-year prison sentence for allegedly


transferring classified technology to China, although colleagues and supporters
asserted the information in question was declassified more than a decade before his
arrest.
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Former Yukos owners Mikhail Khodorkovskiy and Platon Lebedev continued to


serve eight-year prison sentences following their initial 2005 convictions for fraud
and tax evasion. Although a number of high-profile witnesses had testified that the
new charges against Khodorkovsky and Lebedev were baseless, both men were
found guilty on December 30 and subsequently given the maximum possible
sentence by the court. They will be eligible for release in 2017. The ECHR heard
arguments in claims by Yukos against its expropriation by the government in
March.

The arrest, conviction, and subsequent treatment of Khodorkovskiy and Lebedev


raised concerns about due process and the rule of law, including the independence
of courts. Some observers believed that, while the original charges against
Khodorkovskiy may have had some merit, he was selectively targeted for
prosecution because of his politics. Others have speculated that he was targeted to
strip his assets and those of Yukos and acquire them on behalf of government and
business interests. A week before the court reached the verdict, Prime Minister
Putin commented about the case that "a thief belongs in jail," which some
observers called pressure on the court.

In March the ECHR agreed to hear Khodorkovskiy's approximately three trillion-


ruble ($98 billion) claim against the government that his rights were violated. The
damage claimed is the estimated amount that Yukos would have been worth if its
properties had not been stripped away in 2007.

Regional Human Rights Court Decisions

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
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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.

Persons considering applying to the ECHR for redress of grievances could be


intimidated by a past pattern of harassment toward applicants. Amnesty
International and other human rights groups reported past reprisals against
applicants to the court, including killings, disappearances, and intimidation.
According to press reports and human rights NGOs, as of September 2009 at least
six applicants to the ECHR had been killed or abducted.

Civil Judicial Procedures and Remedies

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
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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.

f. Arbitrary Interference with Privacy, Family, Home, or


Correspondence

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.

Law enforcement agencies have legal access to telephone records, including


personal information of cell phone owners, and require providers to grant the
Ministry of Interior and the FSB 24-hour remote access to their client databases. In
past years, some experts asserted this access was unconstitutional; however, the
practice has not been challenged in court. Authorities are able to monitor telephone
calls in real time through the Law on Operational Search Activity.

The government requires Internet service providers to provide dedicated lines to


the security establishment, enabling police to track private e-mail communications
and monitor Internet activity. In January 2009, the Ministry of Information and
Communication officially required telecommunications companies and Internet
service providers to allow the FSB to tap telephones and monitor information over
the Internet. The ministry maintained that no information would be accessed
without a court order. There were no new wiretapping cases during the year.

g. Use of Excessive Force and Other Abuses in Internal Conflicts

Violence continued to spread in the North Caucasus republics, driven by


separatism, interethnic conflict, jihadist movements, vendettas, criminality, and
excesses by security forces. Dagestan, Kabardino-Balkaria, and North Ossetia
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witnessed a significant increase in violence, while Ingushetiya, Chechnya, and


Karachayevo-Cherkessia saw a decrease from the previous year. The government
used security forces to try to impose order, created a regional public council, and
allocated 50 billion rubles ($1.5 billion) for social and economic assistance
projects.

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.

Russian government officials often provided contradictory data on such casualties,


while nongovernmental sources were inconsistent as well. Russian Federation
Deputy Prosecutor General Sydoruk, for example, stated that as of December, 300
militants had been killed, including 16 rebel leaders; additionally, the deputy
prosecutor stated that 218 law enforcement and military personnel had been killed
and 536 injured in the unrest. This was an 11 percent increase over 2009.
According to other public media reports, there were 918 killings during the year by
both authorities and militants, and nearly 800 civilians were killed or wounded as
well--a 30 percent increase from 2009.

Caucasian Knot, an online Russian news agency specializing in reporting on the


Caucasus, reported that during the year, fighting in the North Caucasus resulted in
1,710 casualties, the majority of which occurred in Chechnya, Dagestan, and
Ingushetiya. A total of 754 persons were killed and 956 were wounded; 349 of
those killed were alleged militants, 225 were security service personnel, and the
remaining 180 were civilians. Dagestan was the deadliest region in the North
Caucasus. Almost 700 persons were killed or wounded there, and nearly 150
isolated clashes involving security forces and militants took place, as did more than
100 bombings or explosions.

Among the attacks, on January 6, in Makhachkala, a car carrying 220 pounds of


TNT exploded at the gates of a military field camp killing five policemen and
wounding 19. In Chechnya, 37 rebel bombings, 12 suicide bombings, and 62
armed clashes killed 127 persons, including 44 security personnel, 80 rebel
insurgents, and three civilians, and wounded 123 persons, including 93 security
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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.

Civilians suffered as a result of actions by both rebels and security personnel. In


Dagestan, nine children were killed by stray gunfire during a counterterrorist
operation in the village of Kirovaul in the Kizilyurt District on December 6.

There continued to be reports of indiscriminate use of force by security personnel


resulting in numerous deaths. Security forces generally conducted their activities
without regard for due process or civilian casualties and with apparent impunity
from investigation or prosecution for their conduct.

For example, on February 11-12, according to NGO Memorial, security forces


killed at least four civilians in Ingushetiya in the course of an operation against
rebels. The authorities claimed the inhabitants of the area had been warned in
advance of the operation and the four had been caught in cross fire with terrorists.
Memorial cited local residents as saying they had not been warned and describing
the killing of the victims as separate actions not related to firing on terrorists.
Chechen ombudsman Nurdi Nukhazhhiyev supported the government's claim but
doubted the objectivity of a government investigation. He alleged that "hundreds of
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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 NGO Interfax, on June 8, an official of a madrassa in Dagestan was


shot and killed. Authorities detained a suspect identified as "an active supporter of
radical Islamism." On the same day also in Dagestan, Interfax reported a judge,
Abdurakhyman Gamzatov, was fatally shot in his home.

On September 7, unknown gunmen in Kabardino-Balkaria ambushed and killed


district judge Dzhulber Bykov in his car. Political observers tied the killing to
Bykov's professional activities.

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 11, according to the Glasnost Defense Foundation, Shamil Aliyev,


founder and head manager of Priboi and Vatan radio stations and director of the
TNT-Makhachkala television network, was shot and killed in Makhachkala.
Unknown assailants attacked his car with submachine guns, leaving Aliyev and his
bodyguard dead and his driver wounded. No arrests were made by year's end.

On August 11, according to the Glasnost Defense Foundation, Magomed


Sultanmagomedov, editor in chief of Makhachkala TV, was shot and killed in
Makhachkala, when unknown assailants attacked his car with submachine guns.
No arrests were made in connection with the case.

In November a trial began in Vienna of three persons, Otto Kaltenbrunner


(formerly known as Ramzan Edilov), Suleiman Dadayev, and Turpal-Ali
Yesherkayev, who were alleged to have been accomplices in the shooting death in
Vienna in January 2009 of Umar Israilov. Israilov, a former bodyguard of Chechen
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President Ramzan Kadyrov, became a critic of Kadyrov's rule and filed a


complaint with the ECHR stating he had witnessed Kadyrov torturing prisoners
and that Chechen authorities and Kadyrov had also beaten and tortured him and his
family. According to the European Center for Constitutional and Human Rights, an
expert witness testified at the Vienna trial that Israilov's alleged killer, Letscha
Bogatirov, was promoted by the Kadyrov government following the assassination
as a reward for his actions. The trial was scheduled to continue in 2011.

There were no arrests or indications of continuing investigation in the August 2009


abduction and killing in Chechnya of Zarema Sadulayeva and Alik Dzhabrailov,
charity workers who ran the Grozniy-based NGO Save the Generation.

There were no arrests or indications of a continuing investigation into the 2008


killing of three Chechen brothers, Zurab, Akhdan, and Alvi Ilaev, nor was there
any indication authorities were investigating the 2008 killing in Makhachkala of
Telman Alishayev, a journalist from the Islam-focused television station TV
Chirkey.

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.

There were no reports of further developments in the following 2009 killings of


civilians, police, and government officials by rebels or unknown persons: the
March shootout between police and insurgents in Dagestan in which five officers
and 12 rebels were killed; the March abduction and killing of a police officer in the
Vedeno Region of Chechnya; the April grenade attack on the home of Criminal
Police Chief Alikhan Geroyev of Sunzhenskiy District, Ingushetiya, which killed
both Geroyev and his sister; the June killing of Adilgirey Magomedtagirov, the
chief of the Dagestan Ministry of Interior; the July killing in Nazran of Magomed
Gadaborshev, head of the Ingush Republic's criminal investigation department; the
July shooting death of Isapil Ozdoeyev, the head of a city-level Ministry of Interior
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department; the July abduction, torture, and killing of Batyr Albakov in


Ingushetiya; the August shooting death of Ingush construction minister Ruslan
Amerkhanov; the August killing of 25 persons and wounding of 280 at an Ingush
police station in Nazran; and the August attack in which 10 men shot and killed
four officers in Buinaksk, Dagestan, and then shot and killed seven women in a
nearby sauna.

Federal forces and their opponents in Chechnya made extensive use of


antipersonnel mines in Chechnya. During the year the estimated area in Chechnya
covered with mines ranged from 34,600 to 59,300 acres, according to Kommersant
and Nezavisimaya Gazeta.

Abductions

Government personnel, rebels, and criminal elements continued to engage in


abductions in the North Caucasus. Officials and observers disagreed on the
numbers of victims. Human rights groups believed the numbers of abductions were
underreported due to the reluctance of victims' relatives to complain to authorities
due to fear of reprisal. According to a report on the Web site Caucasian Knot,
during the year approximately 50 persons were kidnapped or unlawfully detained
by armed parties in the North Caucasus, and only 16 were freed. Allegedly, there
was no accountability for government forces involved in abductions. There were
continued reports abductions were followed by beatings or torture to extract
confessions and that abductions were conducted for political reasons. Criminal
groups in the region, possibly with links to rebel forces, frequently resorted to
kidnapping for ransom.

On March 3, according to the Investigation Committee, a special unit for missing


persons was set up in Chechnya and received reports regarding the kidnapping of
more than 200 persons by military and MVD personnel between 1999 and 2003.

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.

Security forces in Chechnya, Dagestan, and Ingushetiya frequently abducted or


detained individuals for several days without immediate explanation or charge,
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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 May 13, according to the NGO Memorial, police in Ingushetiya arrested


Magomed Garbakov after security forces partially destroyed his home during a
search in which approximately 217,000 rubles ($7,000) and personal items were
reportedly stolen. Garbakov has not been seen since, and his family has not been
informed of the charges against him.

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.

An investigation continued into the abduction in St. Petersburg in December 2009


of two brothers and two uncles of slain activist Maksharip Aushev.

There were no developments in the 2008 abduction case of Mokhmadsalakh


Masaev, a Muslim preacher accused of "salafism."

Physical Abuse, Punishment, and Torture

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.
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In Chechnya and Ingushetiya, there continued to be reports of torture by


government forces.

For example, on April 27, police in Ingushetiya detained 20-year-old Zelimkhan


Chitigov. He was held for two days before being charged with weapons
possession, for a grenade found in his room, which his family maintained was
planted by police. According to NGO Memorial, Chitigov was brutally beaten
while in custody and subjected to electric shocks and other forms of torture.
Chitigov remained in police custody but in a hospital, where he was being treated
for brain and spinal cord injury, burns, and other serious injuries.

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.

The Independent Commission on Human Rights in the Northern Caucasus, headed


by the chairman of the State Duma Committee on Legislation, continued to hear
hundreds of complaints, ranging from destruction or theft of property to rape and
killing; however, the commission was not empowered to investigate or prosecute
alleged offenders and referred complaints to military or civil prosecutors. Almost
all complainants alleged violations of military discipline and other crimes by
federal and Chechen Republic forces.

Chechnya Human Rights Ombudsman Nurdi Nukhazhiyev continued the practice


of his predecessor in not cooperating with the area's leading NGO, Memorial.

Other Conflict-related Abuses

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
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approximately 2,500 Chechen IDPs in 22 temporary shelters in Ingushetiya and


urging them to return to Chechnya, sometimes with verbal threats. The UNHCR
reported different forms of pressure on IDPs continued during the year.

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.

Section 2 Respect for Civil Liberties

a. Freedom of Speech and Press

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.

While the government generally respected citizens' right to freedom of speech,


state-controlled media frequently ignores critical voices with regard to the conduct
of federal forces in the North Caucasus, human rights, high-level corruption, and
opposition political views. Some regional and local authorities took advantage of
the judicial system's procedural weaknesses and overly broad laws to detain
persons for expressing views critical of the government.

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.
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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."

International observers criticized the unbalanced access to the media, particularly


television, for candidates in local elections in March and October, noting that, as in
previous elections, United Russia candidates were given favored media access.
Observers also noted numerous press freedom abuses, including harassment of
media outlets, legislative limitations, lack of equal access to information, and
arbitrary application of rules.

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.
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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.

International media continued to face some impediments to their ability to operate


freely. Since 2007 authorities have curtailed stations broadcasting Radio Free
Europe/Radio Liberty (RFE/RL) and Voice of America (VOA) news programs,
except for stations in Moscow and St. Petersburg, which continued to broadcast
RFE/RL and VOA programs.

Government-controlled media consistently provided one-sided coverage of


President Medvedev and Prime Minister Vladimir Putin.

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
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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.

On November 4, Khimki Forest opposition activist Konstantin Fetisov was


attacked with a bat and suffered a skull fracture after leaving a police station
following questioning by the police regarding Khimki Forest protests. Fetisov
remained in a coma, and three persons were arrested in connection with the attack.

On November 5, the editor of the Saratov Journal, Sergey Mikhayilov, was


attacked. According to the Guardian newspaper, following a critical news story,
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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.

On November 8, two men attacked Zhukovsky Vesti reporter Anatoly Adamchuk


outside his newspaper's offices. He was hospitalized with a head injury, and his
thumb drive was stolen. According to Adamchuk's colleagues, he stated that the
attackers repeatedly stated the name of his newspaper while beating him.
Adamchuk had written about the felling of local forests prior to an on air show.
Moscow police claimed that Adamchuk faked this attack and hired two persons to
stage it.

The Murmansk Interior Criminal Investigation Department announced they


believed that the January 2009 shooting death in Murmansk of Shafiq Amrakhov,
editor of the online news site RIA-5151, was connected to his business activities
and not his work as a journalist. Amrakhov was shot in the stairwell of his home.

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.
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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.

In June the Investigative Committee, formerly under the Prosecutor's Office


extended the term of the investigation into the 2006 killing of prominent
investigative journalist Anna Politkovskaya until February 2011. The Investigative
Committee announced that it had identified more suspects in the case, and asked a
number of EU countries for help apprehending them. In October the Investigative
Committee charged Sergey Khadzhikurbanov, a former police officer who is
serving a prison term for extortion, with organizing the killing of Politkovskaya.
Khadzhikurbanov was among the three defendants acquitted of the same charges in
2009. In June 2009 the Supreme Court overturned a February 2009 lower court
decision to acquit four suspects, including former FSB officer Pavel Ryaguzov in
Politkovskaya's killing.

In April the Investigative Committee maintained that the suspected perpetrator of


the 2004 killing of Paul Klebnikov, the former editor in chief of Forbes Russia,
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remained at large. The Prosecutor's Office reactivated the formerly frozen


investigation into the journalist's death. Suspects Musa Vakhayev and Kazbek
Dukuzov were found not guilty of the killing in 2006. Marat Valeyev, another
defendant in the case, was cleared of the charges and released from custody in
December 2009.

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.

Government officials occasionally responded to negative coverage by taking legal


action against journalists and media outlets. Although the law prohibits courts from
imposing damages in libel and defamation cases that would bankrupt a media
organization, one NGO reported that local courts did not always respect the law in
practice.

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.
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On September 8, Sergey Mikhaylov, editor in chief of the Altai region newspaper


Listok, which is often critical of regional authorities, went on trial on charges of
libel and inciting ethnic hatred based on two articles that contained phrases that
local authorities deemed offensive. Investigators searched Mikhaylov's apartment
and confiscated his computer. Mikhaylov's colleagues argued that the case against
him was politically motivated.

On September 9, the Supreme Court of Dagestan rejected a lawsuit filed by local


authorities in June 2009 seeking to shut down the independent Dagestan weekly
Chernovik because of its alleged support for extremist views. In April, a court
rejected a suit by the former chairman of the Presidential Council for Human
Rights, Ella Pamfilova, against the newspaper Nezavisimaya Gazeta, claiming that
the paper had insulted her honor, dignity, and reputation. The court's decision
reaffirmed the right of the press to criticize the government and the manner in
which members of the government perform their duties.

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,
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including correspondents of New Times, Radio France Internationale, Novaya


Gazeta, and ITAR-TASS, who attempted to cover a rally in support of freedom of
assembly that had been prohibited by city authorities.

There were no known cases of reporters being detained in Chechnya. Journalists in


Chechnya, however, continued to face pressure and restrictions. There were minor
instances of journalists being briefly detained in other North Caucasus republics.
The editor of the Dosh journal, Israpil Shovkhalov, was briefly detained on March
9 by the authorities in Ingushetiya. A correspondent of the weekly publication New
Business was detained on March 2 for a short time while covering a protest in
Makhachkala. The government continued to use legislation and decrees to curtail
media freedom. The law provides an expansive definition of extremism and gives
law enforcement officials broad authority to suspend media outlets that do not
comply with the law's restrictions. Media freedom advocates asserted that officials
used the law to restrict criticism and label independent reporters as extremists.
Authorities may close any organization deemed extremist by submitting charges to
a court, which the organization concerned cannot challenge.

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.

Officials or unidentified individuals sometimes used force or took extreme


measures to prevent the circulation of publications not favored by the government.
For example, on March 10, police in Vladimir seized copies of the newspaper
Vechernaya Ryazan, which carried campaign advertising by the local branch of the
Russian Liberal Democratic Party. The police claimed that the publication of
advertising involved legal violations. On March 17, prosecutors in Vladivostok
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seized copies of the local opposition newspaper Protestnoye Dvizheniye, which


published an open letter to the local prosecutor. On May 28, police in Kemerovo
stopped a vehicle carrying copies of the local newspaper Sovetskiy Kuzbass and
seized all the copies, claiming that the newspaper's issue included articles with
extremist content. On September 7, police in Korolev seized copies of the
newspaper Khimkinskaya Pravda, stating that the newspaper had to be "checked
for extremist material."

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
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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
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ethnic hatred in their blogs for quoting a book criticizing Bashkortostan President
Murtaza Rakhimov.

On July 28, a court in Komsomolsk-na-Amure ordered the local Internet service


provider Rosnet to block access to five popular Web sites, including You Tube and
web.archive.org, which authorities stated contained extremist video materials and
Adolf Hitler's Mein Kampf. Rosnet appealed the verdict, and in September the
higher court altered the controversial ruling and listed particular pages with
"extremist materials" that have to be blocked instead of the whole resource.

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
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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.

In May 2009 Sverdlovsk authorities brought a criminal libel case against a


LiveJournal blogger with the pen name "Father Christmas," who was critical of the
Sverdlovsk police and the security cadre of the mayor. In June 2009 a court in Ufa,
Bashkortostan, ordered local Internet service providers to block access to the
revinform blog on LiveJournal because of its allegedly extremist content. The court
cited as an example of extremist content an article from a local opposition
newspaper posted on the blog, which reported on top-level corruption in the local
government.

Academic Freedom and Cultural Events

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.

There were reports of pressure on teachers, academics, and scholars.

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
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to Chinese citizens. The two professors reportedly remained in detention at the


Lefortovo maximum-security prison in Moscow. A court agreed in September to
extend their detention for a further four months.

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.

In May 2009 President Medvedev announced the formation of a Committee against


the Falsification of History, which was dedicated to countering statements
denigrating the role of the Soviet Union in the victory over Nazism. In connection
with this initiative, a small number of professors in Moscow universities reported
receiving instructions to submit their teaching materials to the university
administration for examination as to whether they were violating the proposed law.
At year's end, no further pressure on teachers was reported.

b. Freedom of Peaceful Assembly and Association

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
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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.

The law requires notification for public meetings, demonstrations, or marches by


more than one person, but in practice municipal government treated this as a
permitting process which must be requested between five and 10 days before the
event. During this type of protest, many speakers take part and the size of the
protest group is much larger than that for a picket. Local elected and administrative
officials selectively denied some groups permission to assemble or offered
alternate venues that were inconveniently located.

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."

On January 15, members of the Moscow Oblast Duma rejected an amendment to


legislation on demonstrations and public gatherings that would have required
government permission to hold a solitary protest. Representatives of the Yabloko
Party conducted pickets in front of the Moscow Oblast Duma against this initiative.

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.

In connection with these rallies, Human Rights Ombudsman Vladimir Lukin


expressed disagreement with the government's position that the authorities have the
legal right to deny groups permission to demonstrate, countering that, in his view
of the constitution, activists should only have to notify the authorities of their
activities beforehand. Sergey Mironov, the speaker of the upper house of the State
Duma and leader of minority party Just Russia, supported the right of activists to
demonstrate peacefully and called the police actions toward participants "cruel."
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On August 22, political activist Lev Ponomaryov and Solidarity opposition


coalition leaders Boris Nemtsov and Mikhail Shneyder were detained for more
than 12 hours in Moscow on the charge that they conducted an unsanctioned
march. Local authorities had agreed to permit the opposition to hold a "rally" to
mark National Flag Day, but refused to permit a "march." When the participants
began to move down the street with a Russian flag, police arrested them. On
August 26, Ponomaryov and Shneyder were sentenced to three days of
administrative arrest.

On September 7, a Moscow court convicted Lev Ponomaryov of "insubordination"


to a police officer and sentenced him to four days of administrative arrest in
connection with his participation in an unsanctioned protest on August 12 at which
demonstrators demanded the resignation of Moscow's then mayor, Yuriy Luzhkov.

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."

Many observers noted a selective and consistent pattern of encouraging rallies


friendly to the government--while preventing politically sensitive demonstrations.
On the same day as the January Strategy 31 rally, United Russia organized
progovernment rallies, which were the only demonstrations to receive coverage on
state-run television news channels. Some demonstrators at the progovernment
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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 finances of registered organizations are subject to investigation by the tax


authorities, and foreign grants must be registered. A 2008 prime ministerial decree
reduced the number of foreign organizations whose grants were exempt from
taxation from 101 to 12 and imposed an annual registration process on those that
met the proposed requirements. Many NGOs interpreted the decree as a further
step to restrict foreign funding of NGOs. Authorities subjected some NGOs with
foreign funding to lengthy financial audits or delayed the registration of their
foreign-financed programs. The financial investigations were particularly
burdensome, and some NGOs, particularly smaller NGOs with limited
organizational capacity, stated that it restricted their activities.

Between September 13 and 16, prosecutors conducted an extensive inspection


campaign of approximately 40 NGOs, in what many observers called an attempt to
intimidate and disrupt these groups (see section 5). Just as suddenly as the
inspections began, they ended, with no further action.

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.
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In July 2009 following complaints by NGOs about the burdensome nature of


requirements imposed upon them, the law was amended to revoke the Justice
Ministry's authority to arbitrarily demand documents from domestic NGOs; it
further provides that flaws in documentation would not be grounds to annul, but
only to suspend, a domestic organization's registration and removes "threats to
national unity and identity" from the list of reasons for denying registration. The
amendment also simplified reporting forms for domestic NGOs and required them
to be inspected by the government once every three years, rather than annually.
None of these amendments applied to foreign NGOs.

There were no reports during the year that political parties had their registration
revoked or denied.

c. Freedom of Religion

For a complete description of religious freedom, please see the Department of


State's 2010 International Religious Freedom Report at
www.state.gov/g/drl/irf/rpt.

d. Freedom of Movement, Internally Displaced Persons, Protection of


Refugees, and Stateless Persons

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.
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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.

In the aftermath of the December race-fueled Manezh riots in Moscow, Prime


Minister Putin met with soccer fans and suggested that rules for internal migration
and registration should be tightened.

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.

Internally Displaced Persons

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.
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Although sources differed on the exact figures, approximately 46,000 IDPs


returned from Chechnya to Ingushetiya and Dagestan in the last six and a half
years. Authorities discontinued use of negative incentives--including deregistration
from IDP rolls, cancellation of food assistance, and utility cuts to temporary
settlements-- used in 2009 to induce often-unwilling IDPs in Ingushetiya to return
to Chechnya; however, the Ingushetiya office of the Federal Migration Service
refused to accept any claims for reinstatement on its registration lists. Authorities
maintained a policy of compensating persons who lost housing in military
operations; however, compensation was typically inadequate to insure long-term
shelter for beneficiaries.

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.

In practice the government provided some protection against the expulsion or


return of persons to countries where their lives or freedom would be threatened on
account of their race, religion, nationality, membership in a particular social group,
or political opinion; however, the responsible agency, the Federal Migration
Service, did not maintain a presence at airports orother border points. Asylum
seekers thus had to rely on the good will of border guards and airline personnel to
call immigration officials to the scene or else face immediate return to their
countries of origin, including in some cases to countries where a well-founded fear
of persecution could be demonstrated.

Sixteen self-identified Somali asylum seekers, who in March 2009 attempted to


transit Moscow's Sheremetyevo Airport without documents, spent several months
living in the airport's transit zone, at times compelled to beg for food from airline
passengers. The group's men, women, and children had difficulty accessing the
system for applying for asylum and obtained basic social services only through the
UNHCR's intervention. At the end of the year, six of these asylum seekers
remained at Sheremyetevo Airport. All of the applicants were rejected for asylum;
some were appealing, while several returned to Somalia.

By law the decision of a Migration Service official could be appealed to a higher-


ranking authority or to a court. During the appeal process, the applicant received
the rights of a person whose application for refugee status was being considered. A
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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
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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.

In June the "Ivanovo Uzbeks," a group of 13 persons arrested in 2005, received


permission to depart the country to take up offers of asylum in Sweden. In 2008
the ECHR had ordered authorities not to return the 13 to Uzbekistan and to pay
each 15,000 euros ($20,100) in restitution for two years spent in detention for
alleged involvement in violent unrest in Andijan, Uzbekistan. According to the
UNHCR, six men and their families have departed for Sweden, and seven men and
their family members, altogether consisting of 26 persons, were expected to depart
in early 2011. Two other Uzbek families included in the departure list to third
countries were resettled in Sweden in September and November.

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
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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.

Elections and Political Participation

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 the October 10 regional and municipal elections, opposition parties continued to


complain of a variety of electoral violations, including denial of candidate
registration and ballot box manipulation. Regional and municipal elections held in
March and October 2009 were also marred by violations, including interference
with election monitors, intimidation of voters, and ballot box stuffing.

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
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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.

While parties represented in the Duma may nominate a presidential candidate


without having to collect and submit signatures, prospective presidential
candidates from political parties without Duma representation must collect two
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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.

Political parties receiving 5 percent of the national vote are entitled to


representation in the Duma. The election law provides for a party list system and
prohibits electoral blocs. There is no minimum voter turnout requirement. The
election law prohibits the observation of federal elections by nonpartisan domestic
groups, making it difficult for NGOs to observe elections. In April 2009 the Duma
passed a law described as giving equal broadcast time on electronic media to all
political parties represented in the Duma. Observers noted that the law would limit
broadcast time for the United Russia Party's leaders when they spoke in their party
capacity, not as government officials, and that the broadcast time in question
related to discussion of party affairs rather than policy issues.

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.

Section 4 Official Corruption and Government Transparency

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
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throughout the executive, legislative, and judicial branches at all levels of


government. Manifestations included bribery of officials, misuse of budgetary
resources, theft of government property, kickbacks in the procurement process,
extortion, and improper use of official position to secure personal profits. The
NGO Information Science for Democracy (INDEM) continued to assert that
corruption was also widespread in other official institutions, such as the higher
education system, health care, the military draft system, and the municipal
apartment distribution system. INDEM also estimated in a 2009 report, and
asserted during the year, that bribes and corruption cost the country the equivalent
of 33 percent of the country's gross domestic product.

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.

The law makes giving and receiving bribes punishable by up to 12 years of


incarceration; a person who pays a bribe is relieved of criminal liability if the bribe
was extorted or if the individual voluntarily informs law enforcement authorities
about it. While there were prosecutions for bribery, a general lack of enforcement
remained a problem. Investigations of bribery and other corrupt practices are
conducted by the Ministry of Interior and the FSB, both of which were themselves
widely perceived as corrupt.

The Global Competitiveness Report 2010-11, compiled by the World Economic


Forum, cited corruption as the country's most problematic factor for doing
business. The country's score in Transparency International's Corruption
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Perception Index worsened. The country scored poorly on other measurements of


transparency and corruption as well, including judicial independence, fairness in
the decisions of government officials, the transparency of government
policymaking, and the influence of organized crime.

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.

According to Investigative Committee head Alexander Bastrykin, corruption


charges were brought against 120 investigators and 12 prosecutors during the year.
Corruption charges were also brought against 48 lawyers, eight members of
election commissions, 214 deputies of municipal councils, 310 municipal officials,
11 deputies of regional parliaments, one State Duma deputy, and three judges. Ten
department heads and 26 deputy department heads reportedly faced administrative
charges for unacceptable investigative work, and three were dismissed for violation
of authority.

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
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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.
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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.

In November 2009 Novorossiysk Ministry of Interior Major Aleksey Dymovskiy


made a video request to Prime Minister Putin to address widespread corruption
among law enforcement officers. Although the video attracted nationwide
attention, authorities did not investigate Dymovskiy's allegations. Instead, in
January they charged him with abuse of office and fraud. His wife alleged that
investigators tried to plant drugs in his home during a raid. He was subsequently
released but lost a suit for slander filed by the chief of police of Novorossiysk and
was ordered to pay 108,000 rubles ($3,500) in damages. In an interview with the
New York Times, Dymovskiy acknowledged taking bribes himself. He asserted that
authorities were aware that police had to augment their low salaries from other
sources. He described a practice considered common: at the end of a shift officers
must turn over a portion of their bribes, 700-3,000 rubles ($25 to $100) a day to the
"cashier," a senior member of the department. Dymovskiy asserted that if officers
did not pay up, they were disciplined.

In February Vadim Karastelyov, a Novorossiysk human rights activist who assisted


in Dymovskiy's defense, was arrested as he was distributing pamphlets asking
residents to attend a rally for Dymovskiy and was jailed for a week for promoting
an unauthorized demonstration. Immediately after his release, two strangers beat
him, causing a skull fracture, but did not try to rob him. Although after his
apprehension one of Karastelyov's attackers stated that he acted out of personal
animosity, many human rights observers believed that Karastelyov was attacked
because of his support for Dymovskiy.

The law authorizes public access to all government information unless it is


confidential or classified as a state secret. Refusal by authorities to provide access
to open information, or to classify information as a state secret without cause, has
been successfully contested in court in a few cases. However, access to
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information often remained difficult and subject to prolonged bureaucratic


procedures. Under a law signed in February 2009, officials are required to disclose
within 30 days of a citizen's request any information controlled by the government
that is not considered a state secret. Those seeking information must file their
requests via the Internet. Officials who do not comply may be fined or imprisoned
for up to five years if the withholding of information causes serious bodily harm,
as was the case in the Chernobyl disaster. Although the law was billed as
comparable to freedom of information laws in other countries, observers expressed
concern that officials would use the "state secrets" provision to deny citizens
access to information arbitrarily. There were no reports of court cases
implementing this law during the year. INDEM reported that journalists were
generally granted access to such information upon request.

Bloggers, such as Aleksey Navalniy, have increasingly become sources for


revealing corruption. Navalniy published a series of detailed reports and materials
outlining corruption in the construction of major energy pipelines in Russia. As a
result of his efforts, authorities opened an investigation into the allegations.

Section 5 Governmental Attitude Regarding International and Nongovernmental


Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups operated in the country,


investigating and publicly commenting on human rights problems, but official
harassment continued, and the operating environment for these groups remains
restricted. Authorities increasingly harassed NGOs that focused on politically
sensitive areas. Other official actions and statements indicated a lack of tolerance
for unfettered NGO activity, particularly by those NGOs that received foreign
funding or reported on human rights violations. NGOs operating in the Northern
Caucasus were severely restricted. However, at times government and legislative
officials recognized and consulted with some NGOs, primarily those focused on
social issues, and some NGOs participated, with varying degrees of success, in
drafting legislation and decrees. Some officials, including Human Rights
Ombudsman Vladimir Lukin and the former and current chairs of the Presidential
Council for Promoting the Development of Institutions of Civil Society and
Human Rights (Human Rights Council), Ella Pamfilova and Mikhail Fedotov,
regularly interacted and cooperated with NGOs.

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
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persecution of activists were counted in 50 regions of the country, up from 308 in


2009. In 2006 there were 118 such cases.

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
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activity to include public libel of a government official or his family, as well as


public statements that could be construed as justifying or excusing terrorism.
During the year officials applied the libel law against NGOs and individuals. Since
2008, amendments to this law have enabled authorities to act upon an accusation of
extremism without evidence or a court order; however, in practice, outside of the
North Caucasus, this generally did not lead to detention without court proceedings.

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.

Authorities continued to apply a number of indirect tactics to suppress or close


domestic NGOs, including creative application of various laws and harassment in
the form of investigations and raids. One tactic was selective investigations of
alleged use of pirated software as a pretext for confiscating computers and
pressuring NGOs and media (see section 2.a.). For example, on January 7,
according to media reports, four plainclothes police officers raided the offices of
Baikal Environmental Wave, an NGO opposing the government's decision to
reopen an old paper mill on Lake Baikal. Stating that they had received a
complaint about unlicensed software on its computers, police seized all 12 of the
group's computers and its Web server, making it difficult for them to operate for a
period of time. Baikal Wave's leaders told one newspaper that they had known that
the authorities used such raids to pressure advocacy groups, so they had made
certain that all their software was legal. They showed the raiding officers receipts
and other evidence that the software was not pirated. However, a supervising
police officer issued a report on the spot, stating that illegal software had been
uncovered. According to the environmentalists, they had attached certificates of
authenticity onto their machines, but noticed, as the machines were being removed,
that the stickers were gone. In July the equipment was returned.

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.
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These documents included registration papers, minutes of meetings, accounting


information, and tax and reporting documents. In some cases the NGOs were given
until the following morning to supply the required documents. However, following
foreign and domestic criticism, the government appeared to call off its inquiry.

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.

Official pressure continued against the Novorossiisk local human rights


organization Committee for Human Rights. In March Amnesty International
reported an attack on one of its members, Vadim Karastelev, who was beaten and
suffered a concussion, reportedly for supporting a police officer, who had spoken
out against police corruption (see sections 1.c. and 4).

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.

Some international NGOs maintained small branch offices within Chechnya


staffed by local employees. Following the 2009 killing of Natalya Estemirova (see
section 1.a.), almost all NGOs left Chechnya or temporarily closed their operations
there due to fear for their safety and ability to operate.

Government human rights institutions continued to promote the concept of human


rights, to challenge the activities of some local governments that violated human
rights, and to intervene in selected abuse complaints. Ombudsman Lukin
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commented on a range of human rights problems, such as police violence, prison


conditions, the treatment of children, and hazing in the military. During the year
Lukin criticized intolerance and the growing wave of ethnic and religious hatred.

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.

The Ombudsman's Office includes several specialized sections responsible for


investigating complaints. As of September 2009, 47 of the country's 83 regions had
regional human rights ombudsmen with responsibilities similar to Lukin's; their
effectiveness varied significantly.

The Human Rights Council continued to include prominent human rights


advocates strongly critical of the government's human rights record. In May the
council met with President Medvedev, Federal District Representatives for the
North Caucasus Aleksandr Khloponin, and Deputy Chief of Staff Vladislav Surkov
to discuss human rights in the Northern Caucasus. Medvedev urged the region's
leaders to work closely with civil society. Mikhail Fedotov succeeded Ella
Pamfilova as head of the council in October.

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 January the State Duma ratified Protocol 14 to the European Convention on


Human Rights, permitting the ECHR to streamline the pace of its work in the face
of a seven-year backlog of cases. The government had previously blocked passage
of this protocol due to the ECHR's numerous rulings criticizing violations of basic
human rights in the country. The government had ignored more than 100 court
rulings that found the government responsible for killings, abductions, and torture
in Chechnya, according to Human Rights Watch.
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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.).

Section 6 Discrimination, Societal Abuses, and Trafficking in Persons

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
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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.

Domestic violence remained a major problem. As of March 2009, the Ministry of


Interior maintained records on more than four million perpetrators of domestic
violence. The Duma's Committee on Social Defense reported that there were
21,400 murders during the year, two-thirds of which were of women who died in
domestic disputes, up 50 percent since 2002. The Interior Ministry reported that at
least 34,000 women were domestic violence victims each year, meaning a woman
died every 40 minutes at the hands of a husband, boyfriend, or other family
member. However, the reluctance of victims to report domestic violence meant that
reliable statistical information on its scope was impossible to obtain. Official
telephone directories contained no information on crisis centers or shelters. There
are only about 25 women's shelters across Russia, with beds for a total of about
200 women, according to Moscow's Anna National Center for the Prevention of
Violence.

There is no legal definition of domestic violence. Federal law prohibits battery,


assault, threats, and killing, but most acts of domestic violence did not fall within
the jurisdiction of the Prosecutor's Office. According to a March 2009 study by the
Smolensk-based Center for Women's Support, police often provided lackluster and
inadequate responses to calls reporting domestic violence, at times suggesting that
cases wait until morning. According to NGOs, police were often unwilling to
register complaints of domestic violence and frequently discouraged victims from
submitting them. A majority of cases filed were either dismissed on technical
grounds or transferred to a reconciliation process conducted by a justice of the
peace, whose focus was on preserving the family rather than punishing the
perpetrator. Civil remedies for domestic violence included administrative fines and
divorce. The Center for Women's Support asserted that many perpetrators of
domestic violence themselves belonged to law enforcement agencies.

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,
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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
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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.

Although polygamy is illegal, the Chechen government has encouraged men to


take more than one wife, has encouraged women and girls to wear headscarves
when in public (schools, universities, and government offices), and threatened the
jobs of some unmarried women, should they choose to stay single. According to
NGOs, bride kidnapping was another prevalent practice in the North Caucasus.
Backed by local ancient tradition, it had reportedly grown as an acceptable reason
to abduct and rape young women, whether they were returned to their families
married or not. Often in these cases, the young women are forever "sullied" as they
are no longer virgins and cannot enter a legitimate marriage.
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In June HRW received credible reports of individuals, including law enforcement


agents, pelting uncovered women on the streets of Grozniy with paintball guns and
threatening future brutality should they not cover themselves. At least one of the
women had to be hospitalized as a result. In an interview with the television station
Grozny on July 3, Chechen President Kadyrov expressed unambiguous approval of
this practice by professing his readiness to "award a commendation" to the men
who engaged in these activities. In August HRW reported receiving numerous
accounts of the harassment of women in the streets of the capital by groups of men
claiming to represent the Islamic High Council (muftiat) of the republic. They
reportedly were joined by young men who pulled on the women's sleeves, skirts,
and hair and accused them of being dressed like harlots. In two instances reported
to HRW, members of Chechen law enforcement bodies were among the
perpetrators.

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
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possession, or provide for effective investigation and prosecution of cases of child


pornography. Courts often dismissed criminal cases because of the lack of clear
standards. When a court convicted a suspect, it frequently imposed the minimum
sentence, often probation. Authorities investigated and prosecuted relatively few
cases involving child pornography, creating an environment in which it
proliferated.

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.

In 2009 NGOs began a project entitled, Prevention of Sexual Exploitation of


Children in the Russian Federation, with support from the European Commission.
The three-year project is a joint initiative led by the Syostry call center in Moscow,
the Perm Center for Violence Prevention, and the Far Eastern Center in Support of
Social Initiatives in the Russian Far East, which intended to put in place a system
for training social workers, police, and educators in their regions on the prevention
of violence against children, the provision of support for victims, and the early
identification of sexual violence.

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
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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.

Homeless children often engaged in criminal activities, received no education, and


were vulnerable to drug and alcohol abuse. Some children on the streets turned to,
or were forced into, prostitution, often to survive. According to a 2010 report by
the Foundation for Assistance to Children in Difficult Life Situations, juveniles in
2009 committed 94,700 crimes, a decrease from 116,100 committed in 2008.

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.

The Foundation for Assistance to Children in Difficult Life Situations was


established in 2008 by presidential order. The program has provided more than 1.7
billion rubles ($56.3 million) to cofinance 109 programs in 50 regions and to
finance 307 projects in 63 regions.
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In September 2009 President Medvedev established the post of Ombudsman for


the Rights of Children and appointed Aleksey Golovan, a well-known human
rights activist, to the post. In December the president replaced Golovan with
lawyer and Public Chamber member Pavel Astakhov. According to the Moscow
Times, authorities dismissed Golovan at the behest of Russian Orthodox groups
who objected to his support for a juvenile justice system separate from the one for
adults. The responsibilities of the children's ombudsman include following the
activities of state agencies at the federal level, ensuring the observance of the rights
of children, and writing an annual report similar to that of Ombudsman Lukin.

Regional ombudsmen for children operated in 25 regions with the authority to


conduct independent investigations relating to the violation of children's rights,
inspect any institutions and executive offices dealing with minors, establish
councils of public experts, and conduct an independent evaluation of legislation
affecting children. In a number of schools in the Moscow and Volgograd Oblasts,
there were school ombudsmen dealing with children and families and identifying
potential conflicts and violations of the rights of children.

According to 2007 data from the Moscow Department of Social Security, 12


percent of street children in shelters had run away from orphanages or residential
facilities. Law enforcement officials reportedly abused street children, blamed
them for unsolved crimes, and committed illegal acts against them, including
extortion, illegal detention, and psychological and sexual violence.

Then children's ombudsman noted in a September 2009 interview with Vremya


Novostei that approximately 160,000 of the country's orphans lived in orphanages
and suffered from "psychological and emotional neglect."

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.
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Some researchers believed that the number was underreported due to the hesitation
of some Jews to publicly identify their background.

Although Jewish leaders reported improvements in official attitudes towards Jews,


anti-Semitism remained a problem at the societal level. Violent attacks against
Jews were infrequent, with only a few episodes occurring during the year.

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.

There continued to be reports across the country of vandals desecrating Jewish


synagogues and cemeteries and defacing Jewish religious and cultural facilities,
sometimes combined with threats to the Jewish community, although the amount
of vandalism is generally decreasing. The SOVA Center, an NGO that seeks to
combat extremism and nationalism, registered six acts of anti-Semitic vandalism.
There has been a reduction in vandalism due to a decrease in the activities of
nationalist groups Russian Way and Resistance, which had been very active in
these crimes.

On March 12, anti-Semitic slogans were written in graffiti on the walls of a


synagogue in Izhevsk. Two minors were charged in the incident. On April 20,
Adolf Hitler's birthday, anti-Semitic graffiti appeared in several parts of
Ulyanovsk, according to the Federation of Jewish Communities of Russia. Anti-
Semitic graffiti and leaflets appeared frequently in many regions, including at a
Communist Party meeting in Ulyanovsk on May 1.

The SOVA Center also reported desecrations of graves in Jewish cemeteries in


Nizhny Novgorod, Makhachkala, and Kaliningrad in 2009. Officials often
classified these crimes as "hooliganism." In many cases in which local authorities
prosecuted cases, courts imposed suspended sentences. In some cases, however,
the hate crime motive was taken into consideration. According to the Moscow
Bureau for Human Rights, law enforcement officials were investigating vandalism
in Voronezh, where 20 gravestones in a local Jewish cemetery were knocked down
on July 27. On October 7, anti-Semitic inscriptions appeared on a Jewish
synagogue in Barnaul. At year's end the local police were investigating the
incident.
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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.

In September 2009 skinheads in Khabarovsk threw Molotov cocktails into a


synagogue and into the house of a policeman who had been investigating cases of
extremism. Khabarovsk Anti-extremist Department police detained the group, and
criminal proceedings were opened against two of the suspects. They faced up to
five years' imprisonment for the synagogue attack and up to life imprisonment for
the attack on the police officer.

Anti-Semitism on television or in other mainstream media was infrequent and was


more likely to appear in low-circulation newspapers or in pamphlets. However,
according to the Moscow Bureau of Human Rights (MBHR), anti-Semitic material
on Russian-language Internet sites increased during the year.

There were several instances in which the government successfully prosecuted


individuals for anti-Semitic statements or publications. On March 12, a court in
Izhevsk gave a one-year suspended sentence to neo-Nazi Russian National Unity
member Andrey Mokrushin for painting swastikas and anti-Semitic threats on the
walls of a local Jewish community center, according to the Union of Councils for
Jews in the Former Soviet Union. On February 3, a court sentenced the editor of
the anti-Semitic newspaper Orthodox Rus to three years in a prison colony for
inciting ethnic and religious hatred for distributing an anti-Semitic film, Russia
with a Knife in the Back.

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
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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

For information on trafficking in persons, please see the Department of State's


annual Trafficking in Persons Report at www.state.gov/g/tip.

Persons with Disabilities

Several laws prohibit discrimination against persons with disabilities or mandate


their equal treatment; however, the government generally did not enforce these
laws. Citizens with disabilities continued to face discrimination and denial of equal
access to education, employment, and social institutions. The situation for persons
with disabilities reportedly worsened following the replacement of government in-
kind subsidies for such items as transportation and medicine with cash payments in
2004. Some affluent regions, such as Moscow, preserved benefits for persons with
disabilities at preexisting levels, while most other regions provided a limited
number of benefits, such as free transportation. According to information provided
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by a leading NGO working on disability rights, persons with mental disabilities


were severely discriminated against in both education and employment. In
addition, the conditions of guardianship imposed upon them by courts deprived
them of practically all personal rights.

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.
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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.

In 2008 the ombudsman's office reported that approximately 640,000 of the


country's persons with disabilities were children. Authorities generally segregated
such children from mainstream society through a system that institutionalized them
until adulthood. Observers concluded that issues of children's welfare often were
ignored, and there were few means of addressing systemic problems of abuse.
Human rights groups alleged that children with disabilities in state institutions
were poorly provided for and, in some cases, physically abused by staff members.
"Graduates" of state institutions also often lacked the necessary social, educational,
and vocational skills to function in society. According to a 2006 report by the
Prosecutor General's Office, half of the more than 600,000 children with
disabilities in state care lacked medicines, hearing aids, and wheelchairs. The NGO
Children's Rights confirmed in September 2009 that this situation had not changed.
There appeared to be no legal mechanism by which individuals could contest their
commitment to a facility for persons with disabilities. The assignment of categories
of disability to children with mental disabilities often followed them through their
lives. The labels "imbecile" and "idiot," which were assigned by a commission that
assesses children with developmental problems at the age of three and signifies
that a child is uneducable, were almost always irrevocable. Even the label "debil"
(slightly retarded) followed an individual on official documents, creating barriers
to employment and housing after graduation from state institutions. This
designation was increasingly challenged in the case of children with parents or
individual caregivers, but there were few advocates for the rights of
institutionalized children.

Youths with disabilities not in institutions faced significant barriers to education,


including a lack of access to schools. According to the May 2009 Public Chamber
study, only 3 percent of children studied under conditions analogous to mainstream
students, and 87 percent of higher education institutions did not accept students
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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.

There have been mixed results in attempts to accommodate children with


disabilities in educational facilities. According to Perspektiva, part of the problem
is due to the absence of a formal federal-level definition of inclusive education for
persons with disabilities and the fact that the law does not contain a clear
mechanism to ensure inclusiveness in education. On April 28, the Moscow City
Duma passed a law on The Education of Persons with Disabilities in Moscow,
which observers contended created some improvements in education for persons
with disabilities.

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.

The mother of a student wheelchair user appealed to the education department in


Nizhny Novgorod to provide a wheelchair-accessible environment at the State
University. After being denied her request, during the following two years, the
parent unsuccessfully petitioned the governor, the Nizhny Novgorod Department
of Education, and the regional ministry of education for wheel-chair access at the
university before abandoning her efforts, reportedly for fear of attracting harm to
her son.

The mother of an 11-year-old wheelchair user was initially unsuccessful in her


campaign in Butovo to have the student's new school accommodate his special
mobility needs for his classes on the third and fourth floor of the school. It was
primarily due to the public appeal and rally organized by the NGO Perspektiva and
coverage by the media that authorities eventually built a chair lift in the school.
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According to government reports, of approximately 450,000 school-age children


with disabilities, an estimated 200,000 did not receive any education. Of the
250,000 who received an education, 140,000 attended regular schools, 40,000
studied at home, and 70,000 attended special education schools. Because special
education schools constituted only 3 percent of all schools, most children with
disabilities could not study in the communities where they lived and were isolated
from other members of the community.

The election laws contain no special provisions concerning the accessibility of


polling places, and the majority of polling places were not accessible to persons
with disabilities. However, the law provides for mobile ballot boxes to be brought
to the homes of the disabled.

The mandates of government bodies charged with protecting human rights


included the protection of persons with disabilities. These bodies carried out a
number of inspections in response to complaints from disability organizations and,
in some cases, appealed to the responsible agencies to remedy individual
situations. Inspections by the Ombudsman's Office of Homes for Children with
Mental Disabilities continued to disclose severe violations of children's rights and
substandard conditions. According to the Moscow Department of Education, there
are approximately 26,000 children with disabilities in Moscow, but only the special
needs of 100 children with disabilities in secondary level education have been
accommodated. According to Perspektiva, federal funding for social support of the
disabled from 2006-10 was 310 million rubles ($10 million), and a subprogram for
rehabilitation of those disabled due to violent conflict was 9.58 million rubles
($333,000). Federal grants to non-governmental organizations serving the disabled
in 2010 alone totaled 800 million rubles ($27.8 million), and the Moscow
government reportedly spent 36.5 billion rubles ($1.27 billion) between 2007 and
2009 on its Social Integration of Disabled Persons and Other Persons with
Disabilities program. The federal government plans to spend 46 billion rubles ($1.6
billion) over five years through its Accessible Environment program to improve
access for the disabled.

National/Racial/Ethnic Minorities

The law prohibits discrimination based on nationality; however, government


officials at times subjected minorities to discrimination. Recent years saw a steady
rise in societal violence and discrimination against minorities, particularly Roma,
persons from the Caucasus and Central Asia, dark-skinned persons, and foreigners.
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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.

A number of studies released in March 2009 by independent NGOs and advocacy


groups, such as the Tajik Migrant Workers Union, found widespread problems of
unpaid laborers with no legal recourse.

Persons of color complained of unequal treatment at the hands of authorities. In


Moscow authorities subjected persons of color, especially those of Central Asian
and Caucasus appearance, to far more frequent document checks than others and
frequently demanded bribes from those lacking documents.

According to the Moscow Protestant Chaplaincy's Task Force on Racial Violence


and Harassment, police in Moscow consistently failed to record the abuse of
African minorities, and did not charge the alleged attackers with any crime or issue
copies of police reports to the alleged victims. In one case this year, a policeman
refused to record an attack on a Congolese student in Moscow because the event
took place on a Friday, the day in question was a holiday and "this is Russia." On
another occasion, the police allegedly told a Cameroonian victim that it was too
late in the evening to make a police report and to come back the next day. When
the victim returned the following day, the police attempted to twist the events and
claim that the victim was actually the attacker.

Twenty-four racially motivated attacks on Africans were reported this year in


Moscow, according to the SOVA Center. In one March attack, two unknown men
attacked a man from Cameroon with knives, hospitalizing him for three weeks.

In Bashkortostan, authorities required applicants for new identity documents to


state their ethnic origins, contrary to the constitution, which states that "no one
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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.

Skinhead violence continued to be a serious problem. Skinheads primarily targeted


foreigners, particularly Asians and individuals from the Northern Caucasus,
although they also expressed anti-Muslim and anti-Semitic sentiments. According
to the Ministry of Interior, neo-fascist movements had approximately 15,000 to
20,000 members, more than 5,000 of whom were estimated to live in Moscow.
However, the ministry stated that if the category were expanded to include
"extremist youth groups" in general, the number was closer to 200,000
countrywide. In February 2009 the MBHR estimated that there were as many as
70,000 skinhead and radical nationalist organizations, compared with a few
thousand in the early 1990s. Skinhead groups were most numerous in Moscow, St.
Petersburg, Nizhniy Novgorod, Yaroslavl, and Voronezh. The three most
prominent ultranationalist groups--the Great Russia Party, the Slavic Union
Movement, and the Movement against Illegal Immigration --claimed, respectively,
80,000, 10,000, and 20,000 members. However, membership claims by these
underground organizations were difficult to verify.

Police investigation of cases that appeared to be racially or ethnically motivated


was frequently ineffective. Authorities were at times reluctant to acknowledge the
racial or nationalist element in the crimes, often calling attacks "hooliganism."
Many victims met with police indifference, and immigrants and asylum seekers
who lacked residence documents recognized by police often chose not to report
attacks. According to the SOVA Center, willingness to recognize crimes as hate
crimes varied widely depending on the personal views of the local prosecutor; the
center noted that the number of hate crimes prosecuted in Moscow increased
significantly after a new prosecutor took office in 2008.

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
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year, 273 persons were convicted for crimes motivated by "aggressive


xenophobia," of whom 154 were imprisoned. In most cases the attackers wore
skinhead attire or proclaimed nationalist slogans.

According to the SOVA Center, on February 3, Konstantin Dushenov, editor of an


ultranationalist newspaper, Rus Pravoslavnaya, was found guilty of inflaming
racial hatred and sentenced to three years in jail.

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
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scheduled. The group's Internet-based game is no longer online. Many online


nationalists expressed support for Mukhachev, with some threatening revenge
against authorities.

On June 17, 10 members of an extremist youth group were arrested in connection


with the December 2009 killing of a Ghanaian citizen.

There were no reports of further developments in several 2009 attacks that


appeared to be racially motivated, including: the February attack by three youths in
St. Petersburg on an African student at the Bonch-Bruyevich Telecommunications
University, the May skinhead attack on an Indian restaurant in Moscow, and the
October killing of a young Kyrgyz man on Bolshoy Cherkizovsky Street in
Moscow.

There were no reports of arrests or prosecutions related to the following 2008


cases: the skinhead attack on Kyrgyz and Vietnamese students at a Ufa university,
the incendiary attacks by masked perpetrators on a group of Tajik guest workers in
Moscow, the attack on a Turkmen embassy official by 10 neo-Nazis, and the attack
near Moscow against two Tajik workers, one of whom was beheaded.

There were developments in some ethnically motivated killings from previous


years. In February 2009 the trial began of the Borovikov gang, whose members
were charged with seven killings motivated by ethnic hatred between 2003 and
2006. Fourteen skinheads were involved, and nine were arrested. Of the two
leaders of the gang, only Aleksey Voevodin is on trial; the other, Dmitriy
Borovikov, was shot and killed by militiamen while resisting arrest in 2006. The
case consists of 13 episodes of criminal activities of the gang. Due to extensive
delays in the investigation and trial, the government was forced to release several
of the accused. The trial for the remaining accused continued at year's end; several
witnesses and victims have been threatened according to SOVA.

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.

There were indications that the government took ultranationalism seriously as a


potential threat to the social order. However, in a March 20 interview with
Interfax, Federal Migration Service deputy head of the International and Public
Relations Directorate Konstantin Poltoranin dismissed the idea that xenophobia
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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.

Human rights organizations expressed concern that Romani children in the


education system experienced discrimination. According to the NGO Anti-
Discrimination Center Memorial, a number of schools refused to register Romani
students on the grounds that they lacked documents, while others segregated
Romani students or placed them in classes designed for children with learning
disabilities because of their ethnicity.

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.

Societal Abuses, Discrimination, and Acts of Violence Based on Sexual


Orientation and Gender Identity

Homosexuality was decriminalized in 1993; however, the gay and lesbian


communities continued to suffer from societal stigma and discrimination. Gay
rights activists asserted that the majority of gays hide their orientation due to fear
of losing their jobs or their homes, as well as the threat of violence. However, there
are active gay communities in Moscow and St. Petersburg. Medical practitioners
reportedly continued to limit or deny gay and lesbian persons health services due to
intolerance and prejudice. According to recent studies, gay men faced
discrimination in workplace hiring practices. Openly gay men were targets for
skinhead aggression; police often failed to respond out of indifference. A few gay
rights organizations operated but did so out of public view.
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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.

According to Nikolay Alekseyev, a leader of Moscow's gay community, in


September he was kidnapped from an airport by persons he believed to be security
personnel and held for two days outside Moscow where he was threatened and
verbally abused by plainclothes officers. Alekseyev expressed the belief that this
was an effort to get him to drop lawsuits against Russia filed with the ECHR (see
section 1.b.).

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 city of St. Petersburg gave permission to hold a gay rights


parade/demonstration on November 20. According to the human rights Web site
GayRussia.ru, this was the first legally sanctioned gay demonstration in the
country's history. There was a large turnout by antigay demonstrators, who threw
eggs and shouted insults, and the demonstration was broken off after 40 minutes
due to violence.
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Other Societal Violence or Discrimination

Persons with HIV/AIDS often encountered discrimination. A federal AIDS law


includes antidiscrimination provisions but frequently was not enforced. HRW
reported that HIV-positive mothers and their children faced discrimination in
accessing health care, employment, and education. Persons with HIV/AIDS found
themselves alienated from their families, employers, and medical service
providers. According to the NGO GayRussia.ru, the government no longer requires
HIV tests for visitors who apply for short term tourist visas or business visas for
one year or longer, so long as the total stay in Russia is not greater than three
months per year.

Section 7 Worker Rights

a. The Right of Association

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.

The Federation of Independent Trade Unions of Russia (FNPR)--the largest union


organization in the country--reported that approximately 45 percent of the
workforce was unionized, a decline from approximately 55 percent in 2006. As of
June, its membership of 24.7 million (35 percent of the workforce), constituted a
majority of unionized workers.

By law labor unions are independent of government bodies, employers, political


parties, and NGOs. Interference by government authorities in union activities is
prohibited. However, labor activists reported that police regularly used widespread
intimidation techniques against union supporters, including detention, extensive
interrogations, and provocation of physical confrontation.

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.
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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.

In January the Labor Confederation of Russia and All-Russia Confederation of


Labor filed a joint complaint against the government with the International Labor
Organization's Freedom of Association Committee. The complaint, later joined by
leading unions, documents violations that took place from 2006 to 2009, including:
violations of trade union rights and civil liberties, violations of workers' right to
establish organizations without prior authorization, discrimination based on union
membership and union activities, refusal by employers to recognize newly formed
unions, denial of union leaders' access to members' workplaces, violations of the
right to bargain collectively, government interference in trade union activities, and
absence of an established system to defend trade union rights.

In February 2009 unidentified assailants attacked Yevgeniy Ivanov, chair of the


independent Interregional Union of Autoworkers' General Motors (GM), near his
home in a suburb of St. Petersburg. In November 2009 GM terminated Ivanov. In
December 2009 Ivanov filed a request with the district court for the restoration of
his position and monetary compensation. In March the court ruled in favor of
Ivanov, restored him to his position, and ordered GM authorities to pay him
106,000 rubles ($3,500) in compensation.

The National Union of Mineworkers (NUM) continued to seek the release of


Valentin Urusov, a miner allegedly framed and imprisoned in 2008 after recruiting
employees of the Alrosa Diamond Mining Company to join a union. According to
NUM, Urusov was sentenced to six years of hard labor on a fabricated charge of
drug possession. In May 2009 the Yakut Supreme Court initially released Urusov
and ordered another investigation; but the court subsequently upheld the conviction
with a reduced sentence of five years. Despite a continuing review of the case by
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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 law prohibits reprisals against strikers; however, employers frequently


engaged in reprisals, including threats of night shifts, denial of benefits,
blacklisting, and termination. Courts may confiscate union property to cover
employers' losses in the event that a declared strike continued after it was ruled
illegal. Solidarity strikes and strikes on issues related to state policies also are
prohibited. The courts have upheld most employers' requests to declare a strike
illegal.

In June 2009 approximately 700 employees of the Bogdanovich Porcelain Factory


in Sverdlovsk Oblast participated in a spontaneous demonstration in protest of the
termination of plant operations resulting from a cutoff of gas supplies. The two
leaders of the factory's trade union, who were elected after the demonstration,
initiated a counterclaim in the Bogdanovich District Court to combat
administrative cases that had been filed against them for the "illegal initiation of a
strike." Although the demonstration did not disrupt public order, regional law
enforcement forces were brought in just in case. The 99,000 ruble ($3,200) cost of
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the militia forces was billed to the trade union leaders. The case was not resolved
by year's end.

b. The Right to Organize and Bargain Collectively

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.

The law prohibits antiunion discrimination, but management continued to harass


union leaders and employees at the local level. State agencies with responsibility
for overseeing the observance of labor legislation frequently failed to fulfill their
responsibilities. Although unions were occasionally successful in courts, in most
cases the management of companies that engaged in antiunion activities was not
penalized.

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
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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.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

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.

For additional information, see the Department of State's annual Trafficking in


Persons Report at http://www.state.gov/g/tip.

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.

d. Prohibition of Child Labor and Minimum Age for Employment

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
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occurred primarily in the informal sector--retail services, selling goods on the


street, washing cars, and making deliveries. In rural areas children worked in the
agriculture sector.

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.

e. Acceptable Conditions of Work

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.

According to official statistics (Federal Statistics Service), in the first three


quarters of the year, 13.5 percent of the population (18.9 million persons) had
incomes below the minimum subsistence level. This was a decrease from the first
three quarters of 2009, when the figure was 14.0 percent of the population or 19.7
million people. The subsistence level set by the government is 5,707 rubles ($195)
a month.

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
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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.

In March construction workers on projects related to the 2014 Olympic Games in


Sochi began a hunger strike to protest unsanitary living conditions and months of
unpaid wages. The back wages were paid within two weeks.
In August a group of workers in Kirov conducted a hunger strike to protest poor
living conditions in a workers' dormitory run by a tire factory.

In November hundreds of autoworkers in Taganrog went on unregistered strike to


protest two months of unpaid wages.

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.
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In May two explosions caused by the accumulation of methane gas and a


concealed underground fire at the Raspadskaya coal mine in Kemerovo Oblast
claimed the lives of 68 miners and rescue workers. Poor compliance with safety
regulations reportedly led to the explosions. Following the incident, government
officials blamed Raspadskaya management for basing wages on output and
offering productivity bonuses that encouraged the suppression of methane
detection systems. Prosecutors initiated a criminal case against the mine's director
on the grounds that he violated safety regulations.

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.

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