Increasingly restrictive laws, tough police and law enforcement measures – the authorities in Russia have eroded the right to peaceful assembly to such an extent that it has become almost impossible for the Russian people to protest in a meaningful way. This is intended to silence criticism expressed peacefully. This is the conclusion that Amnesty International has come to in a new report published in the run-up to the parliamentary elections.
In the report “Russia: No Place for Protest”, Amnesty International documents how the repression of peaceful protests in Russia has increased since the Federal Assembly Act was passed in 2004. A number of laws have since been changed and applied more and more restrictively. The result: a multitude of legal restrictions on when, where, how, for what purpose and by whom the right to take to the streets can still be exercised.
“In the last 16 years there have been 13 legislative changes that have eroded the right to freedom of assembly, which is also guaranteed by the Russian Constitution. As a result, the state has practically every peaceful protest guaranteed by human rights that its authorities have not expressly permitted. criminalized, “says Peter Franck, Russia expert at Amnesty International in Germany.
Nine of the 13 major legislative changes that have severely restricted the right to peaceful assembly in Russia have been made since 2014 alone. The last round of legislative changes took place around six months ago as part of an entire legislative package aimed at suppressing independent social engagement in the run-up to the Russian parliamentary elections in September.
Regional regulations tighten drastic federal restrictions
According to federal regulations, assemblies are not allowed to take place near courthouses, prisons, presidential residences and, since December 2020, near emergency services. Regional regulations lead to even more far-reaching restrictions: In Kirov Oblast, for example, local regulations prohibit all gatherings near cultural, educational, medical or entertainment facilities, shopping centers, playgrounds and even public transport stops – i.e. practically everywhere in the cities. Spontaneous gatherings are generally forbidden and, if they take place, are broken up with massive use of force.
Since December 2020, foreign nationals, foreign and international organizations, Russian citizens and non-governmental organizations classified by the authorities as “foreign agents” have been banned from funding public gatherings. In addition, meetings with more than 500 participants must be financed through a bank account to be set up, otherwise they will become illegal.
High fines and prison sentences as well as excessive use of force
Since 2011, the number of statutory violations of the right of assembly has increased from three to 17. The fines imminent in the event of such violations have been increased from 2,000 rubles (just under 25 euros) in 2012 to 300,000 rubles (just under 3,500 euros) in 2021. Administrative detention of up to 30 days was introduced as a possible punishment for twelve of the offenses. Violations are no longer only punished as an administrative offense: The most massive tightening of penalties resulted from the introduction of a new criminal offense. Anyone who repeatedly commits administrative offenses in violation of the right of assembly can, since 2014, be prosecuted for a criminal offense that can result in up to five years imprisonment.
The state countered protests that took place under these conditions
excessive use of force by police forces. This was particularly evident in the crackdown on the protests against the continued imprisonment of Alexei Navalny in April in St. Petersburg. Martial arts techniques were used against demonstrators, protesters beaten with batons and – since 2021 – also drugged with electric shock weapons. Apart from individual cases, such attacks remain unpunished.
Amnesty International calls on the Russian authorities to reform legislation and policies implementing the right of assembly to bring them into line with the country’s constitution and international human rights obligations.
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