355. JAL 12/12/2012 Case no: RUS 8/2012 State reply: 24/01/2013
Alleged impending first reading of the draft federal law No. 44554-6 introducing amendments to the Code of the Russian Federation on Administrative Offences regarding the propaganda of homosexuality.
359. JAL 12/07/2013 Case no: RUS 4/2013 State reply: 24/10/2013
Alleged attack against lesbian, gay, bisexual, transgender and intersex (LGBTI) rights activists and break-up of St. Petersburg Pride parade.
Observations
364. Moreover, the Special Rapporteur is seriously concern about the use of this law to target and intimidate human rights organisations, which have engaged with the UN, its mechanisms and representatives in the field of human rights. She is concerned about the acts of reprisals against the NGOs Public Verdict Foundation and Anti-Discrimination Centre Memorial for having provided information to the UN Committee against Torture in the context of the examination of the Russian Federation by the Committee in November 2012. In this regard, the Special Rapporteur strongly urges the Government to ensure that human rights defenders can carry out their legitimate activities in a safe and an enabling environment; this includes through safe and unhindered access to international human rights bodies such as the United Nations, its mechanisms and representatives in the field of human rights, without fear of harassment, stigmatisation or criminalisation of any kind. {{49}} The case of these NGOs was the subject of the communication by the Special Rapporteur and other independent experts dated 13 June 2013. The Committee Against Torture has also raised these cases with the Government {{50}} and issued two public statements regarding reprisals, on 6 June 2013 {{51}} and another one on 23 December 2013 {{52}}.
365. Moreover, the Special Rapporteur wishes to express her serious concern about the legislative amendments to Federal Laws regarding “propaganda of homosexuality among minors”, non-commercial organisations, and also expresses concern at the implementation of Federal Act No. 54-FZ (19 June 2004). Together with other UN independent experts, she has publically warned that this legislation could be used to unduly restrict the activities of those advocating for the rights of LGBT individuals and “could further contribute to the already difficult environment in which these defenders operate, stigmatising their work and making them the target of acts of intimidation and violence”.{{53}}
[[49]]49. A/HRC/RES/22/6/OP13[[49]]
[[50]]50. Correspondence on reprisals by the Chairperson of CAT and the Rapporteur on reprisals, and replies from the Government, are available at http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/TBSearch.aspx?Lang=en&TreatyID=1&DocTypeID=130[[50]]
[[51]]51. “UN rights experts seek assurances that Russian NGOs will not face reprisals” (6/06/2013) http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13417&LangID=E[[51]]
[[52]]52. “Russian NGO Memorial: UN rights experts voice concern at court’s ‘foreign agent’ ruling” (23/12/2013) http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14137&LangID=E[[52]]
[[53]]53. “UN rights experts advise Russian Duma to scrap bill on ‘homosexuality propaganda’” (1/02/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12964&LangID=E[[53]]
Link to full text of the report: Report-SRHRD-Communications and replies-2014-eng-fra-esp
Link to Special Rapporteur’s correspondence with the State:
- Correspondence-SR-Russian Federation-8-2012-eng (RUS 8/2012)
- Correspondence-SR-Russian Federation-4-2013-eng (RUS 4/2013)
Link to State’s reply:
- Correspondence-SR-Russian Federation-reply-8-2012-eng (RUS 8/2012)
- Correspondence-SR-Russian Federation-reply-4-2013-eng (RUS 4/2013)