2024-10-22 01:50:00
On Tuesday 22 October the European Court of Human Rights (ECHR) condemned Russia for the law on foreign agents adopted in 2012, ruling that “arbitrary” and created a “climate of mistrust”.
The court was seized by 107 NGOs, media and members of Russian civil society.
For the ECHR, “the legislation currently in force is stigmatising, misleading and applied in an overly broad and unpredictable way”. The Court also held this to be true “this legislation was intended to punish and intimidate rather than address a perceived need for transparency or legitimate national security imperatives”.
It concluded that the principles of freedom of expression, freedom of association and the right to respect for private and family life were violated by that law in respect of the appellant natural persons.
Russia was excluded from the ECHR in March 2022 following its invasion of Ukraine, but the Court’s decisions continue to apply to the country for facts prior to that date.
“Clearly disproportionate sanctions”
The dozens of candidates include the International Memorial and the Memorial Human Rights Center, Radio Free Europe/Radio Liberty, journalists, but also human rights defenders, environmental activists and election observers.
They attacked this legislation that forces them to register as “foreign agents” resulting in inspections, fines and restrictions on their activities.
“Disclosure requirements for foreign agents have expanded over time to also apply to social media accounts, websites and, ultimately, all communications, including documents produced in court.”the Court recalled.
The applicants also highlight the significant financial and administrative burden imposed by this legislation, which has led to the dissolution of some NGOs, including International Memorial and the human rights center Memorial.
In its decision the Court referred to “manifestly disproportionate sanctions, including arbitrary fines or even dissolution” and I respected him “Such restrictions have a chilling effect on public discourse and civic engagement”.
“They create a climate of suspicion and mistrust towards independent voices and undermine the very foundations of a democratic society”according to the ECHR.
“Noticeably more restrictive”
The 107 claimants argued that this legislation was part of a systematic campaign directed against human rights organizations and media critical of the government.
The Court also held that the legal regime is “have become significantly more restrictive since 2012, affecting more NGOs, media and individuals and moving further away from Convention standards”.
The ECtHR had already examined Russian law on the matter “foreign agents”seized by 73 Russian NGOs including Memorial, the main organization defending freedoms in Russia.
In a ruling delivered in June 2022, European judges unanimously ruled that the 2012 Russian law violated the provisions of the European Convention on Human Rights relating to freedom of expression and freedom of assembly and association.
The Court emphasized that this law imposes a burden on NGOs “Extraordinary obligations of verification, reporting and visualization and risk of heavy sanctions” and it wasn’t “necessary in a democratic society”.
The Court is responsible for the application of the European Convention on Human Rights in the 46 signatory countries.
The lower house of the Russian parliament, the Duma, adopted several amendments in 2022 that lead Russia to no longer apply ECHR decisions made after its exclusion from the Council of Europe.
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