What follows are the press releases of the IC SRCF regarding their case. The first urgent announcement of January 20, 2005 is at the bottom, last update at the top.

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Russian Federation: Russian Chechen Friendship Society closed under new NGO law

Press release, 10/13/2006

Amnesty International deplores the decision to close the Russian Chechen Friendship Society (RCFS). A court in the city of Nizhnii Novgorod ruled today to close down the RCFS which monitors human rights violations in Chechnya.

"Today's verdict appears to be the latest move in a carefully calculated strategy to get rid of an organization that has been outspoken on behalf of victims of human rights violations in Chechnya,” said Nicola Duckworth, Director of the Europe and Central Asia Programme at Amnesty International.

"The strategy started with the harassment of its activists, and escalated to simultaneous legal actions against the organization and its members in a further attempt to paralyze their work."

The court acted on a new law that makes it illegal for a non-governmental organization (NGO) to be headed by a person convicted of "extremist" activities. The Executive director of the RCFS, Stanislav Dmitrievskii, was convicted on 3 February 2006 on “race hate” charges, for publishing non-violent articles by Chechen separatist leaders. He was, in the view of Amnesty International, convicted for the peaceful exercise of his right to freedom of expression and should not have faced trial in the first place.

“Not only has Stanislav Dmitrievskii personally suffered due to the wrongful conviction against him, now his conviction has served as the grounds for closing down a valued human rights and humanitarian organization," Nicola Duckworth said.

"Is this the first fruit of the new NGO law and a blueprint for further crackdown on independent voices?"

Amnesty International considers that the conviction against Stanislav Dmitrievskii should be quashed and the Russian Chechen Friendship Society should be allowed to continue its important work.

The court ruling allows the RCFS two months in which to prepare for closure, during which time the organization can appeal the decision. Stanislav Dmitrievskii told Amnesty International that the organization will appeal to the Supreme Court of the Russian Federation. He said:

"The court ruling will not stop our human rights work - in one way or another we will carry on. The authorities are wrong if they think that they have silenced us."

Background The RCFS monitors human rights violations in Chechnya and other parts of the North Caucasus. Staff and volunteers in Nizhnii Novgorod and the North Caucasus produce daily press releases on “disappearances” and other serious human rights violations which are disseminated by the organization’s project, the Russian Chechen Information Agency. In 2005, the organization simultaneously underwent legal action by the tax authorities and the registration department of the Ministry of Justice. At the same time, both Stanislav Dmitrievskii and another staff member, Oksana Chelysheva, were the subject of threatening leaflets. The leaflets accused the human rights defenders of being “traitors” and supporters of “terrorists”.
 

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Nizniy Novgorod Report # 1132

The court of Nizhny Novgorod Region has upheld the guilty verdict against Dmitrievsky

11.04.2006. Nizhny Novgorod. The court collegium on criminal cases at the Nizhny Novgorod Region Court considered the appeal lodged by the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the Russian-Chechen Friendship Society Stanislaw Dmitrievsky and made a decision to uphold it. Thus, the cassation instance rejected both the appeals lodged by the convict and his lawyers and the appeal made by the side for prosecution. The defense side and the convict asked to reverse the verdict as unlawful and ungrounded. The state prosecution side claimed that the verdict was too mild and insisted on sentencing Dmitrievsky to a real term of imprisonment. In the court session only the resolution of the ruling was read out. The full ruling with the description of all the reasoning for the taken decision will be received not earlier than in ten days. It was pointed out during announcing the ruling that one of the three judges expressed an opinion different from the one of the other two. However, it will be known what this opinion is only after the convict receives the full text of the court ruling. Stanislaw Dmitrievsky commented on the court ruling as unlawful, ungrounded and politically motivated. “The court has become a servant of political interests contrary to the formula “law beyond and above politics”. The court has become an executor of the evil power of those who are pressing towards restricting the right of our citizens to freely receive and disseminate information and express their opinions that are guaranteed by the Constitution of the Russian Federation and the European Convention on defense of human rights and basic freedoms”. However, Dmitrievsky pointed out some positive sides of the taken decision stating that every cloud has a silver lining. In the convict's opinion, the instance of cassation has made it possible to appeal to the European Court on Human Rights after they confirmed the unlawful decision taken by the Sovetsky district court. It is necessary to exhaust all national remedies by passing two national court instances in order to appeal to the ECHR. As we reported before, on 3 February 2006 Dmitriesvky was convicted by judge Bondarenko for two years of suspended sentence with a four-year probation term under Article 282 of the Criminal Code of the Russian Federation (“inciting to ethnic, national and social enmity”). Dmitriesvky was charged after he had allowed the re-publication of peace appeals by Aslan Maskhadov and Akhmed Zakaev containing tough critics of the policy conducted by the Russian authorities in the North Caucasus and Vladimir Putin personally. Prominent Russian and international human rights organizations regard this conviction as politically motivated and consider that the verdict against Dmitriesvky is unlawful and aimed at suppressing freedom of speech in Russia.

(From our correspondent)


Nizniy Novgorod Report # 1050

Criminal case on tax evasion against RCFS has been closed due to the lack of corpus delicti

03.03.2006. Nizhny Novgorod. Today representatives of the Russian-Chechen Friendship Society received the resolution made by the tax crimes department at the Ministry of the Interior branch in Nizhny Novgorod Region to close the criminal case on tax evasion. The resolution states that the criminal case was closed on 27 January 2006 as they failed to find corpus delicti in the actions of the managing director of RCFS Stanislaw Dmitrievsky and the accountant of the organization Natalia Chernelevskaya.

The resolution was made by a senior investigator, captain of Justice Alexander Vorobyov. He states in the resolution, “The investigation has taken all the measures to collect the evidence but it is not possible to prove that Dmitrievsky and Chernelevskaya had the intention to commit the crime. All the additional possibilities to collect the evidence have been exhausted”.

Stanislaw Dmitirevsky is satisfied with the decision. He states, “It is the first time for the last year when I have received the procedural document that is absolutely grounded by the law has no references to the notorious “state interests”. It is obvious that the staff personnel of the Ministry of the Interior branch in Nizhny Novgorod Region has not forgotten about their professional honour and law in contradistinction with Sovetsky district court of Nizhny Novgorod, prosecutor's office and FSB. However, the time has not come yet to hope that the harassment campaign against the RCFS is going to cease. I assume that the main factor in this decision was the personal decision of somebody who doesn't want to sully his reputation by following any arbitrary order».

Meanwhile, the issue of the tax claims to the RCFS has not been considered yet as its consideration at the arbitration court has been cancelled until the guilty verdict against Stanislaw Dmitrievsky comes into force.

(From our correspondent)


Nizniy Novgorod Report # 1027

Dmitrievsky states that all the evidence against him has been fabricated by the court and asks the Prosecutor General to commence criminal proceedings on this fact

21.02.2006. Nizhny Novgorod. Stanislav Dmitrievsky convicted for allowing re-publication of peace appeals by Maskhadov and Zakaev states that some of the evidence against him was fabricated during the court trial. The day before Dmitrievsky entered a writ of appeal to the Prosecutor General of the Russian Federation as well as to the provincial collegium of judges. His appeal contains information about the fabricated tape scripts of the main part of interrogation of the linguist-expert for the prosecution side. His statement is supported with the audio record of the interrogation of Mrs. Teslenko. According to Dmitrievsky, it can’t be explained by some mistake as according to the “new” version of the protocol, the expert answered to all the questions and gave all the definitions that were demanded from her although in reality she failed to give any of them referring to her incompetence in the sphere of social sciences.

For instance, expert Larisa Teslenko whose inaccurate conclusions about racial, national, and social hostility in the article Dmitrievsky published were used by the prosecution side as the ground to convict him. While Teslenko was interrogated, who refused to give definitions to such terms as “race”, “nationality” and “social group”, referring the court to specialists in the sphere of sociology. Dmitrievsky pointed out this fact many times stating that expert was not competent enough to make any conclusions and that all of them were absolutely arbitrary. The writ of appeal submitted by Dmitrievsky to the court of cassation is also based on this fact. However, having gained access to the tape scripts of the court sessions, Dmitrievsky was shocked to find out that in the protocol of Teslenko’s interrogation that had been made by the secretary of the court Olga Malakhova, the expert gave the detailed definitions of the terms “race” and “nationality”. On 13 February Dmitirevsky submitted
his comments on the protocols to the judge Bondarenko in accordance with the Criminal and Procedural Code of the Russian Federation. He also attached the audio tape of the interrogation of the expert that was made by the defense lawyer Yury Sidorov during the court session. However, Bondarenko refused to consider the issue under the pretext that the audio tape had not been requested to be attached to the case. In Dmitirevsky’s opinion, the refusal of Bondarenko to study the audio tape is unlawful. In his point of view, this refusal “is based on lack of wish to establish the true sequence of the expert’s interrogation as her actual answers contradict to the guilty verdict that stated, “L.Y. Teslenko confirmed and grounded her expert conclusions, providing answers to all the questions that were put by the participants of the trial”. Thus, this refusal casts doubts upon the lawfulness of the guilty verdict made by the judge. Moreover, Dmitrievsky considers that unmotivated refusal to listen to the audio tape and to establish the truth evidences the intention of the members of the court to fabricate the evidence. Dmitrievsky lodged appeals to the provincial collegium of judges and the Prosecutor General in connection with these facts. According to the Russian law, it is only the Prosecutor General who might commence criminal proceedings against a judge. In Dmitirevsky’s opinion, the actions of the members of the court can be considered under Article 303 of the Criminal Code of the Russian Federation (“fabrication of the evidence”). As it was reported, On February 3rd, the Soviet District Court of Nizhniy Novgorod found Dmitriyevsky guilty of actions, "directed toward the excitation of hostility, and also toward the humiliation of a group of persons based on race, nationality or social group", and was sentenced to two years conditional deprivation of freedom four years probation. Dmitrievsky was found to be guilty as a result of publishing the appeals of Akhmet Zakaev and Aslan Maskadov to the Russian people and the European Parliament that contained calls for peace, harsh criticism of Russian policy in the North Caucasus and of Vladimir Putin. Russian and international human rights organizations believe the charge to be politically motivated, and the sentence handed down by the court to be illegal and directed toward the liquidation of guarantees of freedom of speech in Russia.

(From our correspondent)

Attachment 1. The comparative analysis of the typescripts of Teslenko interrogation in the protocol of the court session and according to the audio record made by Sidorov Y.N.

The protocol made by the court secretary

Dmitirevsky: There are no explanations of terminology in the text of the expertise. What is animosity, hatred and race? Teslenko: I applied these terms in accordance with their meaning and the context. Racial and national enmity is possible between two social groups of people or between two homogenous units occupying different territories.

Race is historically formed group of the humanity with common physical characteristics.

Nation is a historically formed unity of people living in the same territory and conditioned by different links among them. I meant the same by the term “ethnos”.

The audio tape of the Teslenko’s interrogation

Dmitirevsky: In your expert conclusions NN 697,698/33 you state that the articles published by me contain calls to incite racial, national and social hatred connected with violence. You have confirmed it and I’m not going to ask you the same question for the second time. But as the expert’s conclusion doesn’t give any definitions of the terms, I’d like to ask you, firstly, to give the definition of the term “race”. Teslenko: I’ve already told about that. I stated from the very beginning that an experienced linguist-expert understands all the terms that are applied with some difficulty both while putting the questions and conducting the analysis. I took into account the fact that all the terms were applied in accordance with the context. I have to repeat it once again. Dmitirevsky: A race? Teslenko: Not a race. In accordance with the context in which these words were used. I told that the texts contain calls to incite racial, national and social hatred connected with stirring up
violence between Chechens and Russians, that is between the two different historically formed groups of people who correspondingly have different roots and different inherited physical features, between the two homogenous groups that occupy different territories and are different in regard to their literary languages, cultural peculiarities and moral codes. These terms were applied inn the texts in this very meaning. Dmitirevsky: I am not asking you about that. You have applied the term “racial enmity”. I want you to define the word “race”. What is its scientific definition? Teslenko: The scientific definition of the term “race” refers to the sphere of sociology. Dmitirevsky: The answer is clear. Define the terms “nationality” or “ethnos” Teslenko: The same. It is in the sphere of sociology and it is beyond my competence. I applied the terms from the point of a linguist. Dmitirevsky: Well, then give the definition of what you meant by “social group”. Teslenko: The same. It is in the
sphere of sociology or a historian. I used the terms from the point of view of expert-linguist. Within the context in which they were used.



Nizniy Novgorod Report # 1014

Dmitrievsky has appealed his conviction

13.02.2006. Nizhny Novogorod. Stanislaw Dmitrievsky, the managing director of the Russian-Chechen Friendship Society and the chief editor of the “Pravo-zaschita” newspaper, lodged an appeal today demanding to overturn the verdict made by the Sovetsky district court of Nizhny Novgorod. The appeal was lodged to the Nizhny Novgorod region court. Today the appeal from Dmitrievsky's lawyer, Leyla Khamzaeva, was sent to the Nizhny Novgorod region court. The other lawyer of Dmitirevsky, Yury Sidorov, lodged his appeal last Thursday. All the three appeals demand to overturn the guilty verdict against Dmitrievsky and to stop the criminal proceedings.

Dmitirevsky and his lawyers pointed out different aspects of groundlessness of the guilty verdict in the appeals referred to the court of cassation. Sidorov paid the greatest attention in his appeal to the fact that the verdict does not state anything about the motives, aims and intention to incite to enmity in the actions of the condemned. Meanwhile, the article under which Dmitirevsky was convicted states that the crime under its jurisdiction is deliberately committed and is caused by the sentiment of national enmity. At the same time, all the witnesses (both for the defense and prosecution) characterized Dmitrievsky as a devoted internationalist who has been actively combating against manifestations of racism and xenophobia. Dmitirevsky in his appeal emphasizes the incompetence of expert-linguist Larisa Teslenko who made conclusions that the articles allowed for publication by Dmitrievsky contained signs of racial, national and social hatred. Thus, in accordance with the methodic
recommendations prepared by the Prosecutor General, a linguist cannot establish signs of racial, national and social hatred on their own. Specialists in the sphere of social psychology, history and anthropology have to participate in conducting such expertise. Teslenko whose specialty is “studies of voice and speech” demonstrated her incompetence even in the court when she refused to give definitions to such terms as “race”, “nationality” and “social group”. She correctly justified her refusal by stating that she had no right to trespass the sphere of social sciences. Teslenko also stated that all the indicated forms of enmity were incited between the Russian and Chechen peoples whereas she told that she didn't know what race the Russian and Chechen peoples belong to. Meanwhile, both nations belong to the same racial group as both of them are European nations. Thus, inciting to racial enmity between them is impossible in principle. Dmitrievsky also pointed out in his appeal that all
the conclusions of the expert were based on her assumptions only. Khamsaeva focused her appeal on the breach of Article 10 of the European Convention on Human Rights (the right for freedom of expression) and she stated that the verdict contradicts to all the precedents set by the European Court on Human Rights when they consider the cases under this article.

The prosecutor's office also lodged their appeal to the court of cassation last week. They request to reconsider the sentence and to make it tougher.

(From our correspondent)


Nizniy Novgorod Report # 1010

The chairperson of the German “Society for Human Rights” doesn't know anything about Klaus Vinkel

10.02.2006. On 3 February 2006 the information agencies NTA and Regnum-Nizhny Novgorod disseminated information about Stanislaw Dmitirevsky “being a real mouthpiece of international terrorism”. These news agencies cited some comments on the criminal case against the managing director of the Russian-Chechen Friendship Society and the chief editor of “Pravo-zaschita” newspaper Stanislaw Dmitrievsky made by some Klaus Vinkel who was introduced as a German human rights activist and a representative of the human rights organization "Menschensrechtsbund”. Vinkel called Dmitrievsky “a mouthpiece of the international terrorism” and accused him of being mercenary. His statements were cited on the basis of the news bit broadcast by the news program “Vesti-Privolzhye”. In the commentary Vinkel's statements were presented as expression of condemnation by Dmitrievsky's colleagues.

The statements made by this Klaus Vinkel were very similar to the ones disseminated by the procuratorship of Nizhny Novgorod Region and it could not but seem suspicious not only for such well-known human rights activists as Sergey Kovalyov, Svetlana Gannushkina, Alexander Podrabinek, Tatiana Lokshina, Natalia Taubina, Yury Jibladze and Igor Kalyapin who observed the last court session. The observer with the European Union, the press-attach? of the German embassy Wolfgang Benzag was also shocked with the statements of the alleged citizen of Germany.

Sergey Shimovolos, the chairperson of Nizhny Novgorod Human Rights Assembly turned to their colleagues from the International Society for Human Rights and they asked Mr. Bartold Olbers, the chairperson of the human rights organization Menschensrechtsbund (Union for Human Rights), to explain the situation. In response to the inquiry he stated that “he does not know a person with such a name”. He also told, “There is not such a person either in the federal board of the organization or in the regional boards”. He assured that he had looked through the lists of all the members of the organization but he failed to find any Klaus Vinkel on them.

Today a representative of the program “Vesti-Privolzhye” told Sergey Shimovolos that they had learnt about Vinkel's membership in a human rights organization only from him.

The strange appearance of some Klaus Vinkel in Nizhny Novgorod where he came, in his words, on private business and his statements on TV can't be just a coincidence. We are dealing either with an adventurer or a provocation ordered by the authorities.

(From our correspondent)


AMNESTY INTERNATIONAL

Public Statement

AI Index: EUR 46/006/2006 (Public) News Service No: 031 3 February 2006

Russian Federation: Amnesty International calls for guilty verdict against Stanislav Dmitrievskii to be overturned

Amnesty International is deeply disappointed by today’s conviction of human rights defender Stanislav Dmitrievskii on “race hate” charges, for publishing non-violent articles by Chechen separatist leaders.

Amnesty International considers that the conviction of Stanislav Dmitrievskii is a blow to independent civil society in Russia and will have a stifling effect on the right to freedom of expression. Stanislav Dmitrievskii has been convicted for the peaceful exercise of his right to freedom of expression and should not have faced trial in the first place. Amnesty International considers that the conviction should be quashed.

The Sovietskii district court in Nizhnii Novgorod imposed a two-year suspended sentence and a four-year probationary period on Stanislav Dmitrievskii. During this four-year period, Stanislav Dmitrievskii will have to inform the authorities as to any change of residence or travel plans, and will have to report regularly to the local authorities. Any violation of these conditions or a further criminal conviction could result in him being imprisoned for two years.

Following the verdict, Stanislav Dmitrievskii thanked Amnesty International for the organization’s support and expressed his determination to challenge the court’s decision through the Russian courts and if necessary at the European Court of Human Rights. Reportedly, the prosecution also intends to appeal the verdict. Amnesty International will continue to campaign for justice for Stanislav Dmitrievskii and will monitor closely the progress of the case.

Background Stanislav Dmitrievskii is Executive Director of the Russian-Chechen Friendship Society (RCFS) and editor-in-chief of the Pravo-zashchita newspaper (Rights defence, a human rights-oriented newspaper), which is published jointly by RCFS and another Nizhnii Novgorod-based human rights organization. Amnesty International is concerned that the criminal prosecution is a violation of his right to freedom of expression, and seems to be part of a campaign of harassment aimed at closing down the work of the RCFS.

Stanislav Dmitrievskii was convicted for publishing in the April-May 2004 edition of Pravo-zashchita an appeal by the late Chechen separatist leader Aslan Maskhadov to the European Parliament calling for international recognition of the current Chechen conflict as “an act of genocide by the Russian government against the Chechen people”, and an appeal in the March 2004 edition of Pravo-zashchita by Aslan Maskhadov's envoy Akhmed Zakaev to the Russian people not to re-elect President Vladimir Putin. He was convicted under Article 282.2 of the Russian Criminal Code which criminalizes:

"...incitement of hatred or enmity, and likewise demeaning human dignity with regard to indicia of sex, race, nationality, language, origin, attitude towards religion, and likewise affiliation to any social group, committed publicly or with the use of the mass media... and with the use of his professional position."

However, Amnesty International considers that the two articles published do not contain any incitement to hatred or enmity, or any form of violence.

Amnesty International is concerned that such prosecutions have a chilling effect on freedom of expression in Russia and in this case has been part of a wider campaign against the RCFS. For several months, Amnesty International has expressed its concern at an apparent campaign of harassment and prosecution aimed at members of the RCFS, reportedly in response to the organization’s work on human rights.

As well as the criminal prosecution of Stanislav Dmitrievskii, the organization has simultaneously been subjected to legal action by the tax authorities and by the registration department of the Ministry of Justice. At the same time, both Stanislav Dmitrievskii and another staff member, Oksana Chelysheva, have been the subject of threatening leaflets which have been distributed this year in Nizhnii Novgorod, where the organization is based. Oksana Chelysheva is deputy Executive Director of the RCFS, editor of the Russian Chechen Information Agency, and editor of the Pravo-zashchita newspaper. The leaflets have accused the human rights defenders of being “traitors” and supporters of “terrorists”. Police investigations into the leaflets have been opened but no one responsible has yet been identified.


Human Rights Watch - Russia: Activist's Conviction Hurts Freedom of Expression

(Moscow, February 4, 2006) – The conviction of a Russian human rights defender who highlighted abuses in the conflict in Chechnya is an unacceptable infringement on freedom of expression, Human Rights Watch said today.

On February 3, a court in Nizhny Novgorod convicted Stanislav Dmitrievsky, executive director of the Russian-Chechen Friendship Society and editor of the organization's newspaper Pravozashchita, on charges of "inciting racial hatred," and handed down a two-year suspended sentence. The charges stem from the publication in Pravozashchita of two statements by Chechen rebel leaders Aslan Maskhadov and Akhmed Zakaev.

"The state's case against Dmitrievsky was politically motivated and he should be exonerated," said Holly Cartner, Europe and Central Asia director at Human Rights Watch. "Freedom of speech is in real jeopardy in Russia, and the Dmitrievsky case sends an unmistakable message to journalists and human rights defenders throughout Russia, that they too could be prosecuted for doing their job."

Human Rights Watch reviewed the two statements that were the basis for the charges and found that they do not contain any language that could legitimately be prohibited under international human rights law. Pravozashchita published in its April-May 2005 issue a statement by Maskhadov, the Chechen rebel leader later killed by Russian forces, calling for the international community to facilitate negotiations to end the Chechen conflict. In another issue, it published a statement by Maskhadov's representative, Zakaev, urging Russian voters not to reelect President Vladimir Putin and alleging that the war was in only his interests.

The prosecution initially charged Dmitrievsky with making public calls for extremist activities, but the prosecutor's office later reclassified the charges to "incitement of ethnic, racial and religious hatred or enmity" (article 282 (b) of the Russian criminal code).

Dmitrievsky has said that he will appeal the conviction.

Dmitrievsky's conviction is also part of an ongoing government crackdown on civil society, particularly on those non-governmental organizations (NGOs) that receive foreign funding or work on sensitive issues.

The government began to systematically harass NGOs that work on issues related to Chechnya after Putin lashed out against NGOs in his 2004 state-of-the-nation speech. Since then, officials have instituted spurious criminal charges against activists, threatened them, sought to close down NGOs or refused to register them, and intimidated victims who have spoken out.

The Russian-Chechen Friendship Society, which raises awareness about human rights abuses in Chechnya and helps victims seek justice, faced such pressure last year, when the Nizhny Novgorod department of justice tried unsuccessfully to liquidate it. The Nizhny Novgorod tax inspectorate has claimed that the organization owed one million rubles (about U.S.$35,000) in back taxes on a grant, which the inspectorate designated as "profit." The organization is challenging the charges.

Dmitrievsky's conviction came the same week that the Russian Ministry of Internal Affairs closed the Russian PEN Center, an NGO that advocates for freedom of expression, and froze its bank account on charges that it failed to pay property taxes. On January 27 a Moscow arbitration court ruled that Russian PEN Center owed the equivalent of $150,000 in back taxes for the office it rents.

To view this document on the Human Rights Watch web site, please visit: http://hrw.org/english/docs/2006/02/04/russia12604.htm


Nizniy Novgorod Report # 999

Dmitrievsky is convicted for two years of suspended sentence

03.02.2006. 13:20. It has just become known that the chief editor of the Russian-Chechen Information Agency Stanislav Dmitrievsky has been convicted by the judge's ruling for two years of suspended sentence.

The court session started to day at 10 am. The chief editor of Russian-Chechen Information Agency Stas Dmitrievsky made his last statement and then the break was announced until 12.30.

(From our correspondent)


Nizniy Novgorod Report # 998

Observers have been allowed to get into the court room

03.02.2006. 13:00. It has become just known that the secretary of the court has allowed all the observers at the criminal trial against Stas Dmitirevsky and human rights activists who have come to Nizhny Novgorod to express their solidarity with the Russian-Chechen Friendship Society to get into the court room. We remind that the judge made a decision to keep the session going in the closed way. Dmitrievsky refused to go into the court room for approximately half an hour referring to the breach of his constitutional right on the openness of the court proceedings.

The court session started to day at 10 am. The chief editor of Russian-Chechen Information Agency Stas Dmitrievsky made his last statement and then the break was announced until 12.30.

(From our correspondent)


Nizniy Novgorod Report # 997

The judge has made court proceedings against Dmitrievsky closed for the public and observers

03.02.2006. 12:49. It has just become known that there is no access to court room No40 at the Sovetsky district criminal court of Nizhny Novgorod where the verdict in the criminal case against Stas Dmitrievsky was to be read out at 12.30 Moscow time. Judge Bondarenko has made a decision to continue the court proceedings in the closed way. Only the defendant's lawyers and his relatives have been allowed to come into the court room. Dmitrievsky is refusing to go into the court room referring to the breach of the right granted by the Constitution of the Russian Federation on the openness of court proceedings.

The court session started to day at 10 am. The chief editor of Russian-Chechen Information Agency Stas Dmitrievsky made his last statement and then the break was announced until 12.30. Leaders of several human rights organizations and mass media venues have come to Nizhny Novgorod to observe the trial, including the former Russian ombudsman Sergey Kovlayov, Svetlana Gannushkina (Civic Assistance), Alexander Podrabinek (Prima News Agency), Nikoly Khramov (Transnational Radical Party), Tatiana Lokshina (Demos Center), Jury Jibladze (Center for Promoting Democracy and Human Rights), Alexander Mnatsakanyan (International Helsinki Federation for Human Rights), Natalia Taubina (Public Verdict Foundation), Igor Kalyapin (Nizhny Novgorod Committee against Torture).

Two simultaneous pickets were held at the court building, for and against Stas Dmitirevsky. Members of the “Nashi” movement held a picket under the slogan “There have been too many victims of terror for the last ten years”. The picket in support Dmitrievsky was organized by a number of Russian human rights organizations, including the International Youth Movement and Dront Center (Nizhny Novgorod-based ecological organization). Three participants of this picket were subject to unmotivated detention but soon released.

(From our correspondent)



I - Report from Todays Hearing in the Criminal Case against Stas Dmitrievsky, Head of the Russian Chechen Friendship Society

Debates between the sides took place today in Nizhny Novgorod in Dmitrievsky case

18.01.2006. Today in the criminal session in Dmitrievsky case that was held in Sovetsky district court of Nizhny Novgorod the debates between the sides took place. The side for persecution stated that Dmitrievsky has committed crimes of high public danger and asked the judge to convict him and to sentence to four years in a colony.

In the beginning of the court session the side for the defense requested the judge to prolong the term of investigation and to attach a set of articles by Anna Politkovskaya on human rights violations perpetrated in Chechnya during mopping-up operations and armed actions. However, the side for persecution insisted on beginning the debates. The judge supported the prosecutor and refused to attach Politkovskaya's articles to the case.

In the debates the state prosecutor Maslova, who is the deputy chief prosecutor of Sovetsky district, stated that Dmitrievsky is guilty of inciting to ethnic animosity. For instance, in the prosecutor's opinion, such charges are confirmed by the fact that Dmitrievsky published Zakaev's appeal with his own foreword in which he expressed his solidarity with the position of Maskhadov's envoy. She stated further that Dmitrievsky's speeches during the trial confirm that all his acts were deliberate as he was aware of his own impunity. The prosecutor thinks that Dmitrievsky is dangerous for the society and that all his actions can be regarded as extremist activities aimed at undermining the state security.

The court expertise has supported the charges. Referring to the opinion of the expert Ms. Teslenko, the side for persecution declared that they consider Dmitrievsky's actions to be aimed at inciting to animosity with taking advantage of his official position. In the circumstances of the extremely tense situation in the country when accidents like the recent crime in a Moscow synagogue happen more and more often, it is necessary to be strictly within the boundaries of the freedom of _expression," the persecutor expressed her worry about. She then told, "That's why, publications that Dmitrievsky allowed are inadmissible. Dmitrievsky demonstrates his neglect of the state and society and uses the court room even as the tribune to disseminate his views". The 3rd class lawyer Maslova regards Dmitrievsky socially dangerous and demands a 4-year term for him.

The judge refused to attach the alternative expertise conducted by Galina Vronskaya as it had been carried out not by the court's request and for money. Thus, the judge came to the opinion that the expertise was biased.

The side for defense stated that there is no sign of any crime in the acts that Dmitrievsky exercised and asked the judge to acquit him of all the preferred charges.

One of Dmitrievsky's lawyers, Yury Sidorov, stated in his speech that being the devoted internationalist the defendant could not have any intention to commit the crime. Another Dmitrievsky's lawyer Leyla Khamzaeva attracted the attention of the court to numerous breaches of law perpetrated by the prosecutor's office in the process of investigation and bringing charges against him. She pointed out that such cases have always been considered in civil legal proceedings, not in criminal ones before. There is a special list of documents that are regarded to be extremist and in case when they are published, a mass media venue receives a warning. In the RCFS case, it started immediately with preferring charges under Article 280 at first and then under Article 282. Thus, the lawyer thinks that there is a clear breach of the legal proceedings and Dmitrievsky has the right to demand to consider the charges against him in the civil legal proceedings.

The defendant gave the detailed analysis of Ms. Teslenko's conclusions that are part of the criminal case and proved the expert's incompetence in answering the questions that were put by the investigator. Thus, the expert transgressed the limits of her professional knowledge and acted beyond her commission.

The last court session is to take place on 3 February 2005. The defendant is going to make his last word and the court will pronounce the sentence on the case.

(Oksana Chelysheva, editor, RCFS)

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II - Press Conferences Prior to the Hearing in the Criminal Case against Stas Dmitrievsky, Head of the Russian Chechen Friendship Society

17 January 2005. Today two press conferences were held regarding the criminal trial against Stas Dmitrievsky, one in Moscow and the other one in Nizhny Novgorod.

In Nizhny Novgorod the participants were Svetlana Gannushkina, the head of the Civic Assistance Network and member of the Presidential Commission on the Development of the Civil Society, and Sergei Kovalyov, the former Russian Human Rights Ombudsman and Duma deputy, together with Stas Dmitrievsky.

The participants of the press conference had different predictions with respect to the outcome of the trial. Dmitrievsky stated that he regards this criminal trial as part of the joint harassment campaign against the RCFS. In an ironic way he expressed his “certainty� that the court will be independent and unbiased, while taking the decision on the verdict. Kovalyov said that he had the firm feeling that Stas will be convicted but he also expressed his conviction that the case finally will be won in Strasbourg. Gannushkina expressed her belief that Stas will be declared innocent of all the crimes.

In a response to the press-conference the Nizhny Novgorod Telegraph Agency (NTA) also quoted some commentary to the criminal case from law-enforcement bodies. It cites a representative, whose name was not revealed, as stating that even the existence of the RCFS can be regarded a undermining of the constitutional order of the RF. Because, so the cited source, in its name Russia and Chechnya are presented as two equal subjects of the international law being in a state of conflict. Thus, the difference of interests of the Chechen and Russian peoples are emphasized in the name of the organization. The cited source also stated that the RCFS have provided informational support to Chechen armed groups by providing different mass paper and Internet media venues, including Russian ones, with information on Chechnya.

Another press-conference took place in the Independent Press Center in Moscow with the following participants: Ludmila Alekseeva (Moscow Helsinki Group), Yuri Dzhibladze (Center on Promoting Democracy and Human Rights), Tatiana Lokshina (Demos Center), Natalia Taubina (“Public Verdict� Foundation), and Oleg Panfilov (Center for Journalism in Extreme Situations).

Alekseeva stated that the case against Dmitrievsky is politically motivated. She expressed her firm belief that the real aim of those who are behind the charges against the editor of the anti-war newspaper is to close down the source of the information on Chechnya. She also told that she has known Dmitrievsky for many years as person who has always defended the right of people to live in peace. She pointed out that in their trips to Chechnya she saw Dmitrievsky trying to withstand the mistrust and defending the Russian people against the accusations of the common responsibility.

Lokshina told that they had decided to hold the press-conference although there are no other developments of the criminal case. However, they have decided to express their solidarity with Dmitrievsky on the eve of another session of the criminal court. She also informed the journalists about another press-conference held in Nizhny Novgorod the same day in which Kovalyov and Gannushkina participated together with Dmitrievsky.

Taubina described different forms of harassment the organization has been subjected to since January 2005. She also shared her impressions on the session of the criminal court of December 21, which she attended as an observer. In her opinion, the judge followed automatically the procedure of conducting the hearing and it was apparent that the decision has been prepared not by him. She stated that it is apparently not the judge who will make the final decision.

Dzhibladze called the RCFS harassment an experiment aimed at destroying any non-governmental organization. He stated that RCFS case sets a precedent and thus he regards this case as a historic one no matter what its result is going to be. It is especially important in the context of the new law on NGOS signed by Putin on January 10, 2006. In case Dmitrievsky is convicted and even if the sentence will be suspended, he loses the right to establish or to be member of the executive board of any NGO, according to the requirements of the new law. Dzhibladze stated that in 90 days another HR defender Yury Samodurov is to lose the right to lead the Sakharov HR Center, according to the same law.

Then Alexander Podrabinek, the chief editor of the Prima News Agency and Nikolay Khramov announced that they had launched their appeal to the Prosecutor General and published the appeals by Maskhadov and Zakaev on their Internet sites to express their solidarity with the RCFS.

In conclusion Oleg Panfilov told about a campaign organized by the Center for Journalism in Extreme Situation in Dmitrievsky's support and asked to join it.

(Oksana Chelysheva, editor, RCFS)

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III - Complaint and open letter to the Prosecutor General about statements by the Regional Prosecutor, expressing his firm belief that Dmitrievsky will be found guilty

http://www.ria.hrnnov.ru/eng/index.php - Russian-Chechen Information Agency Information Agency of the Russian-Chechen Friendship Society

Nizhny Novgorod, Report # 951

Dmitrievsky's lawyers are going to lodge a complaint to the Prosecutor General about the regional prosecutor's statements

12.01.2006. The lawyers of Stanislav Dmitrievsky in the criminal case are going to lodge a complaint about the statements that the prosecutor of Nizhny Novgorod Region Vladimir Demidov made yesterday in regard to the court proceedings against the chief editor of the “Pravo-zaschita� newspaper Stanislav Dmitrievsky. The complaint will be sent to the Prosecutor General in the nearest days. Yury Sidorov defending Dmitrievsky in the criminal proceedings stated it in his conversation with a RCIA correspondent.

In the lawyer's opinion, the fact that the prosecutor expressed his certainty about Dmitrievsky's conviction connected with his imprisonment can be regarded as imposing pressure upon the court. The court debates are to start on 18 January at 10 am in the building of Sovetsky district court of Nizhny Novgorod.

We have to remind that Nizhny Novgorod Telegraph Agency (NTA) disseminated their report yesterday in concern with the statements made by the regional prosecutor Vladimir Demidov. The NTA journalist Lybov Kovalyova reports the regional prosecutor as stating, “We are going to press for the measures of the criminal responsibility to be applied against Dmitirevsky.

Stanislaw Dmitrievsky published his open letter addressed to Vladimir Demidov (see our previous report). The open letter was lodged to the prosecutor's office and registered at 3 pm today.

Editor in Chief Stanislav Dmitrievsky. Editor of this release is Oksana Chelysheva.

*****

Open Letter by Stanislav Dmitrievsky to the chief prosecutor of the Nizhny Novgorod Region, Vladimir Demidov

12 January 2006

According to the information disseminated by the Nizhny Novgorod Telegraph Agency, on 11 January 2006 the chief prosecutor of Nizhny Novgorod Region Vladimir Demidov expressed his firm belief that Mr. Stanislav Dmitrievsky was going to be found guilty, stating that “I am sure that Dmitrievsky will be put to prison and being the side that supports the accusation we are going to press for the measures of the criminal responsibility to be applied against him�. He further went: “it is important for our multi-national society that supports and develops positive attitude towards all the nationalities that no calls made by bandits inciting to ethnic hatred are published in the newspaper�, pointing out that “we mustn’t allow any attempts to destabilise the situation�.

We express our serious concern with the fact the chief prosecutor can make statements in which he feels it appropriate for him to express apriori his certainty both about the conviction of Stas Dmitrievsky and the inevitable term of imprisonment. We regard it as an attempt to impose pressure on the court which is absolutely inadmissible for the democratic society and the state with the rule of law. We also point out that on 11 January 2005 Mr. Demidov signed a ruling to commence a criminal case against this criminal case. His decision was based on the document that contained a number of xenophobic statements. This is the conclusion prepared by a professor of Nizhny Novgorod State University Olga Khokhlysheva after she had received a request signed by a prosecutor with the department on protecting constitutional rights and freedoms at the prosecutor’s office of Nizhny Novgorod region A.V. Malyugin № 7/2-31-04 from 29.12.2004 to conduct the expertise of the publications. In this
document professor Khokhlysheva casts her doubts on the existence of the Chechen, Jewish and Arab nations. She also justifies the deportation of the Chechen people in 1944 on Stalin’s orders by motives of “the political will of the authorities of the USSR of that time� and “the historic circumstances and the objective necessity that had emerged by that time�. It is necessary to point out that these conclusions contradict with the Russian Law “On Rehabilitation of the Repressed Peoples� N 1107-I from 26 April 1991 (with amendments from 1 July 1993) according to which Stalin’s repressive acts against different peoples of Russia, including their deportation, are “unlawful and criminal� (Article 1). The law also defines these acts as cases of genocide (Article 2) and establishes criminal responsibility “for agitation and propaganda aimed at preventing from rehabilitation of the repressed peoples� as well as for inciting to such actions (Article 4).

In this connection we express our deep concern both with the attempt to impose pressure on the court undertaken by the prosecutor’s office and with the fact that criminal case against Dmitrievsky was commenced on the document that contains statements that violate the Russian law and humiliate dignity of people according to their nationality.

*****

The Observatoryfor the Protection of Human Rights Defenders, a joint programme of FIDH and OMCT Russian-Chechen Friendship Society (RCFS)

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The Observatory for the Protection of Human Rights Defendersa joint programme Russian-Chechen Friendship Society (RCFS)

PRESS RELEASE

RUSSIAN FEDERATION: Outrageous accusations by the Regional Prosecutor on the eve of Mr. Stanislav Dmitrievsky’s trial

Geneva-Paris, January 16, 2006 - The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, along with the Russian-Chechen Friendship Society (RCFS), wish to express their deep concern about the statement made by the Prosecutor of the Nizhny Novgorod Region with regards to the criminal trial against Mr. Stanislav Dmitrievsky, Executive Manager of RCFS and chief editor of the Pravozaschita newspaper, a joint publication by RCFS and the Nizhny Novgorod Society for Human Rights (NNSHR).

According to the information received, on January 11, 2006, Mr. Vladimir Demidov, Prosecutor of the Nizhny Novgorod Region, expressed his firm belief that Mr. Stanislav Dmitrievsky was going to be found guilty, stating that “I am sure that Dmitrievsky will be put to prison and, being on the side that supports the accusation, we are going to press for the measures of the criminal responsibility to be applied against him”. He further stated: “it is important for our multinational society, which supports a positive attitude towards all nationalities, that calls made by bandits inciting to ethnic hatred be not published by newspapers”, pointing out that “we mustn’t allow any attempts to destabilise the situation”.

Mr. Stanislav Dmitrievsky’s lawyers intend to lodge a complaint to the Prosecutor General about the regional prosecutor’s statements in the coming days.

On January 11, 2005, the prosecutor’s office of Nizhny Novgorod Region had initiated a case against Pravozaschita and Mr. Dmitrievsky, as chief editor of the newspaper, following the publication of statements by Messrs. Akhmed Zakaev and Aslan Maskhadov, two Chechen separatist leaders, calling for a peaceful end to the Russian - Chechen conflict. The criminal case was initiated on the grounds of the conclusions made by professor Khokhlysheva, who carried the expertise of the texts on the request from the prosecutor’s office, and according to which “the publications in Pravozaschita can be regarded as serious violations of the Russian Criminal Code and undermining of the Constitutional order”.

On September 2, 2005, Mr. Dmitrievsky was officially charged by the prosecutor’s office in relation to this case under part 1 of Article 282 of the Criminal Code of the Russian Federation referring to “actions aimed at inciting hatred or hostility and at disparagement of either an individual or a group of people according to their gender, race, nationality, background, religious beliefs as well as belonging to any social group that are committed publicly or through mass media outlets”. This offence is liable to up to five years imprisonment.

The Observatory and RCFS are concerned about this statement, which can be considered as contrary to the Guidelines on the role of Prosecutors adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Cuba (1999), stating that “in the performance of their duties, prosecutors shall “perform their duties fairly, consistently”, “carry out their function impartially”, and “act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect”.

The debates before the Sovetsky district court of Nizhny Novgorod concerning Mr. Dmitrievsky’s trial are to start on January 18, 2006.

The Observatory and RCFS recall the Russian Federation authorities’ duty to comply with the provisions of the Declaration on Human Rights Defenders, adopted by the UN General Assembly on December, 9 1998, in particular its article 1 that states “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as article 12.2., which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”.

For more information, please contact : FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 39

Un programme de la FIDH et de l’OMCT - A FIDH and OMCT venture - Un programa de la FIDH y de la OMCT

International Federation For Human Rights17, Passage de la Main d’Or75
011 Paris, France World Organisation Against TortureCase postale 21 - 8 rue du Vieux-Billard 1211 Geneve 8, Switzerland

_____________________________________________
mailto:friend@hrnnov.ru

http://www.ria.hrnnov.ru/

http://www.friendly.narod.ru/

The Society of the Russian-Chechen Friendship Vasiunina st. 2, room 505, Nizhny Novgorod, Russia, 603106
____________________________________________



Press Release #1672 from January 12, 2006

Report from Nizhny Novgorod

Dmitrievsky’s lawyers are going to lodge a complaint to the Prosecutor General about the regional prosecutor’s statements

12.01.2006. The lawyers of Stanislaw Dmitrievsky in the criminal case are going to lodge a complaint about the statements that the prosecutor of Nizhny Novgorod Region Vladimir Demidov made yesterday in regard to the court proceedings against the chief editor of the “Pravo-zaschita” newspaper Stanislaw Dmitrievsky. The complaint will be sent to the Prosecutor General in the nearest days. Yury Sidorov defending Dmitrievsky in the criminal proceedings stated it in his conversation with a RCIA correspondent.

In the lawyer’s opinion, the fact that the prosecutor expressed his certainty about Dmitrievsky’s conviction connected with his imprisonment can be regarded as imposing pressure upon the court. The court debates are to start on 18 January at 10 am in the building of Sovetsky district court of Nizhny Novgorod.

We have to remind that Nizhny Novgorod Telegraph Agency (NTA) disseminated their report yesterday in concern with the statements made by the regional prosecutor Vladimir Demidov. The NTA journalist Lybov Kovalyova reports the regional prosecutor as stating, “We are going to press for the measures of the criminal responsibility to be applied against Dmitirevsky.

Stanislaw Dmitrievsky published his open letter addressed to Vladimir Demidov (see our previous report). The open letter was lodged to the prosecutor’s office and registered at 3 pm today.

Editor in Chief Stanislav Dmitrievski. Editor of this release is Oksana Chelysheva.

The publication of this release was made possible by European Union within the framework of the project “Open information about Chechnya in the name of peace and human rights: Russian- Chechen Information Agency” and The National Endowment for Democracy within the framework of the program “Russian-Chechen Information Partnership»/

The contents of this document are the sole responsibility of the Russian-Chechen information agency and can under no circumstances be regarded as reflecting the position of the grantors
____________________________________________
mailto:friend@hrnnov.ru

http://www.ria.hrnnov.ru/

http://www.friendly.narod.ru/

The Society of the Russian-Chechen Friendship Vasiunina st. 2, room 505, Nizhny Novgorod, Russia, 603106
____________________________________



Nizniy Novgorod Report # 910

Hearing of the suit lodged by the RCFS against the tax inspection was held at the court of arbitration

On 13 December 2005 the court of arbitration of Nizhny Novgorod kept considering the suit lodged by Russian-Chechen Friendship Society against the tax inspection of Nizhny Novgorod city. All of a sudden, the hearing started with the request submitted by the tax inspection to cancel consideration of the case until the decision in the criminal court of Nizhny Novgorod Sovetsky district concerning the charges preferred to the executive manager of the RCFS Stanislaw Dmitrievsky on inciting to ethnic hatred (Article 282 of the Criminal Code of the Russian Federation) was taken. However, the judge Evgenia Belyanina turned this request down stating that the connection between the arbitration case and the trial conducting in the court of general jurisdiction was not well-reasoned. To all appearances, the tax inspection hopes that in case Dmitrievsky is found guilty, they will obtain the necessary grounds to state that the RCFS activities are not charitable and, consequently, the assets
received by the organization can be regarded as the profit of the organization and can be taxed. However, the representatives of tax bodies didn't manage to explain their motivation clearly and the judge turned their request down.

In the court hearing the judge tried to find out the attitude of the tax bodies towards the reasons offered by the complainant. She pointed out that the tax inspection had not given any definite counter arguments to the reasons presented by the RCFS in the previous hearings. The judge asked according to which article of the tax law the tax inspection had counted the expenses the RCFS had had. However, the respondent side behaves as if they didn't understand the question and could explain anything. To all appearances, the tax inspection had expected that they request would be turned down and they came to the court hearing being absolutely unprepared for it.

Meanwhile, on December 5, 2005 the tax inspection of Nizhny Novgorod stopped arbitrarily withdrawal of the RCFS funds from their bank accounts. The withdrawal was absolutely unlawful as it broke the ruling made by the court of arbitration to cancel the collection orders until the case has been considered by the court of arbitration. As of the present moment, the RCFS demands that the tax inspection presents the official order according to which they withdrew 13 000 rubles more from the RCFS accounts. The RCFS is going to submit a new complaint to the court of arbitration and lodge a report on persistent break of the law by the tax inspection.

The next session of court of arbitration has been scheduled for 20 December 2005.

(From our correspondent)


Nizniy Novgorod Report # 896

The next hearing of the criminal case against the chief editor of the “Pravo-zaschita” newspaper

On 7 December 2005 the Nizhny Novgorod Sovetsky district criminal court held another session of the hearing of the criminal case against the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the Russian-Chechen Friendship Society Stanislaw Dmitrievsky charged with inciting to ethnic, racial and social hatred.

Galina Vronskaya, the senior lecturer at the journalism department at the Chuvash State University and the president of the Chuvash Guild of linguists, answered the questions of the sides as a specialist invited by the side of defense. She stated that, in her estimation, the statements made by Maskhadov and Zakaev contained no humiliating characteristics, negative appraisals and statements aimed against racial, ethnic and social groups or their representatives. Vronskaya also pointed out that these publications didn't contain any incriminated facts unless they were proved correct. “However, these are the questions that are within competence of historians, sociologists and specialists in other spheres of knowledge”, stated Vronskaya.

Usam Baysaev, a staff member of Nasran office of the “Memorial” human rights center and the author of many books and reports on the situation with human rights abuses in the Chechen Republic, and Igor Kalyapin, the chairperson of the regional public organization “The Committee against Torture”, also gave their testimonies to the court. Both witnesses told about the facts of mass casualties among the civilian population of the Chechen Republic, carpet bombardments, extrajudicial executions, torture and abductions perpetrated by servicemen of the force agencies of the Russian Federation. Both witnesses shared the opinion that Aslan Maskhadov had the right and grounds to describe the perpetrators of such crimes as “occupants” and “terrorists” and to state that their actions should be regarded an outrage against humanity. They also told the court about the attitude of the Chechen population towards the “Pravo-zaschita” newspaper edited by Dmitrievsky. In their words, the newspaper
contributes to establishing the atmosphere of peace and trust between the Russians and Chechens. Baysaev stated that those Chechen people who had seen the newspaper for the first time were amazed at the fact that there were people, Russians by origin, in different regions of Russia who felt for sufferings and destiny of the Chechen people. It raised hopes in people that crimes perpetrated by servicemen of the Russian federal forces that had acted on behalf of the Russian authorities could not be attributed to all Russians. They told a lot about assistance that the Russian-Chechen Friendship Society had been providing for Chechen children. Kalyapin cited extracts from compositions of children who visited the city on the Volga River on the invitation of Dmitrievsky and his colleagues, “We have visited the tender Novgorod”, “we had a flight in a helicopter that can't launch missiles”.

Two lawyers are defending Dmitrievsky. They represent nationalities between which Dmitrievsky has been allegedly inciting to animosity, an ethnic Russian Yury Sidorov and an ethnic Chechen Leyla Khamsaeva.

The court building was picketed by some thirty members of the pro-Putin “Nashi” movement. They were holding the slogan, “No terrorist can become a peace maker”. Several residents of Nizhny Novgorod who participated in the armed actions in Chechnya participated in the picket. They demanded the severest punishment for Dmitrievsky. Meanwhile, the authorities didn't authorize holding the picket in Dmitrievsky's support referring to the law prohibiting imposing pressure upon the court.

(From our correspondent)


Nizniy Novgorod Report # 836

The tax inspection frustrated consideration of the complaint lodged by the RCFS to the court of arbitration

On 16 November 2005 a sitting of the Arbitration court of Nizhny Novgorod region in which the complaint lodged by the Russian-Chechen Friendship Society about the actions undertaken by the tax inspection of Nizhny Novgorod was frustrated as a result of the respondent's failure to appear in court.

A young staff member of the tax inspection appeared in court by proxy instead of Rafael Nasyrov and Ludmila Barskova who represented the tax inspection before. He appealed to the judge to postpone the hearing in connection with Nasyrov's illness. The judge Evgenia Belyanina asked him why he was not able to represent the interests of the tax inspection. He explained that he was unaware of the details. Then the judge asked why Barskova hadn't come to court. He answered that he didn't know anything about the reasons and added that she was likely to have fallen ill too. All journalists, representatives of international and Russian human organizations and staff members of the RCFS who were in the court room burst out laughing having heard the last phrase.

The RCFS was represented by its executive manager Stanislaw Dmitrievsky and a lawyer of the International Bar of Saint Petersburg Drew Hollinger. Both of them expressed their bewilderment with the situation as the tax body is a juridical person and illness of any of its staff members can't be an obstacle to present the position of the organization in court. To do it, there is a law department at the tax inspection. Dmitrievsky stated that he was sure that the respondent was deliberately trying to retard the consideration of the complaint as their positions in the court of arbitration very weak. The judge was also bewildered with such a situation.

After a short break in the court hearing the judge Belyanina made a decision to fix the main hearing of the case for November 30, 2005. She pointed to the fact that she was going to consider the complaint and make a judgment by default if Nasyrov's and Barskova's diseases happened to be lingering. Besides, the judge accepted the claimant's request not to file documents from the criminal case on “inciting to ethnic animosity” to the arbitration case as inadmissible. After that the court sitting finished. It didn't take place as a mater of fact, though.

“The epidemic pestilence that has stricken all the staff personnel of the tax inspection having the right to represent it is a quite explainable phenomenon, I think. I suspect that their disease can be diagnosed as a bear's disease that has aggravated all of a sudden when highly-qualified lawyers have got involved into the case and representatives of independent mass media and international organizations have appeared in the court room. I remember that five staff members of the tax inspection attended the previous court hearing whereas I was all alone. At that Nasyrov assured the judge that all the people who came to the court room together with him would be given the authority to represent the tax inspection the next time. The tax officials' position has nothing to do with the law as they are executing the political order. Their attempt to drag the expertise from the criminal case to the arbitration procedure aimed at discrediting me with the judge irrefutably evidences it. Such
people have got used to executing these shady affairs avoiding publicity. Besides, it seems that the level of their competence in law has not increased since the time when they studied the Soviet-time textbook on the basic principles of state and law. And the chapter on the revolutionary expediency was the most popular with them. As a result, they have hidden”, commented Stanislaw Dmitrievsky on the situation.

We have to remind that on 26 October representatives of the tax inspection appealed to file to the arbitrage case several documents from the criminal case under Article 282 of the Criminal Code of the Russian Federation in which Dmitrievsky has been declared a defendant.

As we reported before, on 15 August 2005 the tax inspection of Nizhegorodsky district made Resolution #25 to bring the Russian-Chechen Friendship Society to tax accountability for alleged breaking the tax law. The deputy chief of the tax inspection M. Yu. Trifonov claimed in this document that the Society has to pay taxes and fines amounting to 1 001 561 rubles for the funds that they had received from international donors to implement their specific projects. On 24 August the RCFS appealed this decision at the Arbitrage Court of Nizhny Novgorod region as unlawful and ungrounded.

Besides, on 2 September the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the RCFS Stanislav Dmitrievsky was officially charged with committing the crime under paragraph b of part 2 of Article 282 of the Criminal Code of the Russian Federation (“inciting to animosity”). The charges refer to the fact of publication Aslan Maskhadov's open letter to the European Parliament and Akhmed Zakaev's appeal to the people of Russia that contain tough rhetoric against the policy of president Putin in the North Caucasus.

(From our correspondent)


Nizniy Novgorod Report # 835

“Amnesty International” is going to declare the chief editor of the “Pravo-zaschita” newspaper as a prisoner of conscience

15.11.2005. “Amnesty International” published their public statement in concern with the criminal persecution of the executive manager of the Russian-Chechen Friendship Society and the chief editor of the “Pravo-zaschita” newspaper Stanislaw Dmitrievsky who is accused of inciting to ethnic, racial and social animosity (Article 282 of the Criminal Code of the Russian Federation). “Amnesty International” expresses their concern about the harassment campaign that has been carrying out by different state bodies against the RCFS and states that they are going to declare Stanislaw Dmitrievsky a prisoner of conscience if he is sentenced on these charges.

The text of the “Amnesty International” statement follows.

AMNESTY INTERNATIONAL Public Statement AI Index: EUR 46/053/2005 (Public) News Service N. 306 15 November 2005

Executive Director of Russian-Chechen Friendship Society, Stanislav Dmitrievskii, possible prisoner of conscience

Stanislav Dmitrievskii is facing up to five years' imprisonment for his decision to publish articles written by a former Chechen separatist leader and his envoy. Stanislav Dmitrievskii is Executive Director of the Russian-Chechen Friendship Society (RCFS) and editor-in-chief of the Pravo-zashchita newspaper (Rights defence, a human rights-oriented newspaper), which is published jointly by RCFS and another Nizhnii Novgorod based human rights organization. Amnesty International is concerned that the criminal prosecution is a violation of his right to freedom of expression, and seems to be part of a campaign of harassment aimed at closing down the work of the RCFS. If imprisoned on these charges, Amnesty International would consider Stanislav Dmitrievskii to be a prisoner of conscience. Amnesty International is calling for the charges to be dropped. The first hearing of the merits of the case is on 16 November.

The subject of the criminal investigation is an appeal, published in the April-May 2004 edition of Pravo-zashchita, by the late Chechen separatist leader Aslan Maskhadov to the European Parliament calling for international recognition of the current Chechen conflict as “an act of genocide by the Russian government against the Chechen people”, and an appeal in the March 2004 edition of Pravo-zashchita by Aslan Maskhadov's envoy Akhmed Zakaev to the Russian people not to re-elect President Vladimir Putin. Stanislav Dmitrievskii faces charges under Article 282.2 of the Russian Criminal Code which criminalizes: "...incitement of hatred or enmity, and likewise demeaning human dignity with regard to indicia of sex, race, nationality, language, origin, attitude towards religion, and likewise affiliation to any social group, committed publicly or with the use of the mass media... and with the use of his professional position." Amnesty International considers that the two articles published
do not contain any incitement to hatred or enmity, or any form of violence. The articles are critical of Russian government policy rather than expressing any criticism of ethnic Russians, and contain calls for a peaceful resolution to the conflict. The RCFS's general political stance, the editorial position of Pravo-zashchita and the stated personal conviction of Stanislav Dmitrievskii, is one of complete rejection of violent means as a way of solving the Chechen conflict. This is evident from the RCFS's founding declaration, the nature of the articles published in Pravo-zashchita, and numerous statements made by Stanislav Dmitrievskii. Moreover, Stanislav Dmitrievskii told Amnesty International that he had had several motivations for publishing the articles in question: that the articles contained a clear public interest, in that Russian citizens have a right to know the opinion of the other side to the conflict which is not to be found in mainstream media; that both articles
concerned a call for peaceful negotiations to end the conflict; and that the articles did not contain any call to violence. A British lawyer who had been due to observe the trial proceedings in Nizhnii Novgorod was denied entry to the Russian Federation on 15 November. Bill Bowring, a barrister and professor of human rights and international law at the London Metropolitan University, was reportedly held without explanation by border officials for six hours at Moscow's Sheremetievo-2 airport before being put on an airplane back to the UK. He was in possession of a valid multiple-entry visa and carried letters of accreditation as a trial observer from Frontline Defenders, a non-governmental organization that campaigns on behalf of human rights defenders at risk, and the Bar Human Rights Committee of England and Wales. The RCFS is a non-governmental organization that monitors human rights violations in Chechnya and other parts of the North Caucasus. Staff and volunteers in Nizhnii
Novgorod and the North Caucasus produce daily press releases on “disappearances” and other serious human rights violations which are disseminated by the organization's project, the Russian Chechen Information Agency. The RCFS also publishes the Pravo-zashchita newspaper jointly with the Nizhnii Novgorod Human Rights Society and undertakes humanitarian initiatives for individuals affected by the conflict in the North Caucasus, for example organizing medical assistance and holiday breaks in other parts of the Russian Federation for children affected by the conflict.

For several months, Amnesty International has expressed its concern at an apparent campaign of harassment and prosecution aimed at members of the RCFS, reportedly in response to the organization's work on human rights. As well as the criminal investigation into Stanislav Dmitrievskii, the organization is simultaneously undergoing legal action by the tax authorities and the registration department of the Ministry of Justice. At the same time, both Stanislav Dmitrievskii and another staff member, Oksana Chelysheva, have been the subject of threatening leaflets which have been distributed this year in Nizhnii Novgorod, where the organization is based. Oksana Chelysheva is deputy Executive Director of the RCFS, editor of the Russian Chechen Information Agency, and editor of the Pravo-zashchita newspaper. The leaflets have accused the human rights defenders of being “traitors” and supporters of “terrorists” Police investigations into the leaflets have been opened but no one responsible
has yet been identified.

Amnesty International Russia Resource Centre Tel. + 7 095 202 1749 tel/fax +7 095 291 2904 119019 Moscow p.o. box 212 RUSSIA http://www.amnesty.org http://web.amnesty.org/pages/rus-161105-action-eng


Nizniy Novgorod Report # 832

The first day of the main hearing of the criminal case concerning charges against the chief editor of “Pravo-zaschita” newspaper Stanislaw Dmitrievsky

16.11.2005. Today at 10 am the court of Nizhny Novgorod Sovetsky district court started to consider the criminal case on charges preferred to the chief editor of “Pravozaschita” newspaper and an executive manager of the Russian-Chechen Friendship Society Stanislaw Dmitrievsky under article 282 of the Criminal Code of the Russian Federation (inciting to racial, ethnic and social animosity). Several members and staffers of the Russian-Chechen Friendship Society and Nizhny Novgorod Society for Human Rights were interrogated today. All of them were summoned as witnesses witness for the prosecution, according to the bill of indictment. At 12 o'clock the judge declared a break in the hearing. The next hearing has been fixed for November 25, 2005.

Being questioned, the editor of current newsletters of the Russian-Chechen Information Agency Tatiana Banina, the chairperson of the council of Nizhny Novgorod Society for Human Rights Alexander Lavrentyev and its former chairperson Vitaly Gursky stated to the court that they are absolutely sure that the articles incriminated to Stanislaw Dmitrievsky are aimed at establishing peace in the Chechen Republic as they contain calls to political reconciliation of the armed conflict there.

Two lawyers are defending Dmitrievsky in court. They represent nationalities between which Dmitrievsky allegedly incites hatred - an ethnic Russian Yury Sidorov (Nizhny Novgorod) and an ethnic Chechen Leyla Khamzaeva (Moscow).

Editor in Chief Stanislav Dmitrievskiy Editor of this release is Oksana Chelysheva


Nizniy Novgorod Report # 829

The Russian special services have denied access to Russia to an observer at the trial of the chief editor of the “Pravo-zaschita” newspaper Stanislaw Dmitrievsky

URGENT MESSAGE On 15 November 2005 Bill Bowring, a lawyer and a professor of the international law and human rights of the University of London, a member of the executive committee of the Bar of England, was refused entry into the Russian Federation by officers of the Federal Security Service where he arrived to observe the trial concerning the charges preferred to the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the Russian-Chechen Friendship Society Stanislaw Dmitrievsky under article 282 of the Criminal Code of the Russian Federation. As it became known, today, on 15 November 2005, some agents of the Federal Security Service detained Bill Bowring in the premises of the international airport Sheremetyevo-2 on his arrival from the Great Britain. He was kept by them for more than four hours without any explanations. After that he was told that he was denied entry to Russia. They didn't tell anything about the reasons for their decision. As of the
present moment, Bill Bowring is in the airport waiting for his flight back.

Bill Bowring has letters of accreditation from the Bar of England and Wales and from the Ireland-based Frontline Defenders Foundation Bill Bowring holds a Russian visa which allows him entry to the Russian Federation at all times.

Bill Bowring was traveling to Nizhniy Novgorod to observe two trials which have been scheduled for 16 November 2005. The first relates to the case against Stanislav Dmitrivsky, Director of Russian-Chechen Friendship Society (RCFS), who has been charged under article 282 of the criminal code “inciting hatred or enmity on the basis of ethnicity and religion”. The second relates to the complaint which has been filed by the Russian-Chechen Friendship Society (RCFS) against the federal tax inspection office in the region of Nizhniy Novgorod who allegedly began a series of unauthorized withdrawals from their bank account on 26 August 2005.

The Russian-Chechen Friendship Society expresses our deep indignation with this arbitrary act perpetrated by representatives of the FSB. The Council of Europe has already been notified about the incident. The Russian-Chechen Information Agency is also receiving reports that the former Russian Ombudsman, Oleg Mironov, has intervened on behalf of Bill Bowring. He allegedly spoke with FSB representatives at the airport earlier this morning who simply informed him that they have the right to choose to permit or to deny entry.

Professor Bill Bowring visited Nizhny Novgorod on 16-18 June 2005 when he monitored the situation connected with the harassment campaign launched by the Russian authorities against the Russian-Chechen Friendship Society. He made a detailed report on his observations of the situation (see our release No1353 from 28 June 2005).

Editor in Chief Stanislav Dmitrievskiy Editor of this release is Oksana Chelysheva


Nizniy Novgorod Report # 828

The court refused to liquidate the Russian-Chechen Friendship Society

14.11.2005. Nizhny Novgorod. The Nizhny Novgorod Region Court has refused the suit lodged by the Nizhny Novgorod Main Registration Department at the Ministry of Justice to close down the Russian-Chechen Friendship Society. The ruling was made by judge Samartseva after considering the documents and debates between the sides.

The Main Registration Department was represented by Oleg Kucherov. The Russian-Chechen Friendship Society was presented by its executive manager Stanislaw Dmitrievsky, Alexander Lavrentyev as well as Svetlana Gannushkina, a member of the council on development of the civil society at the president of the RF and the chairperson of the “Civil Assistance” organization, Alexander Mnatsakanyan as a representative of the International Helsinki Federation and "Demos" Center who arrived in Nizhny Novgorod today. Besides, the RCFS was represented by two lawyers, Drew Patrick Hollinger (the USA, a member of the International Bar of Advocates “Saint Petersburg) and Yury Sidorov (Nizhny Novgorod).

Representatives of the Russian-Chechen Friendship Society express their full satisfaction with the decision of judge Samartseva but point to the fact that it can be appealed within the period of ten days, according to the law.

(From our correspondent)


Nizniy Novgorod Report # 823

Court hearing on liquidation of the RCFS have unexpectedly fixed for 14 November. The judge Samartseva has suddenly changed her mind

URGENT MESSAGE 11.11.2005. The Russian-Chechen Friendship Society received a notification signed by the judge Samartseva stating that she had scheduled the main hearing of the case concerning the suit lodged by the Ministry of Justice against the RCFS on November 14. Thus, she has overruled her own decision taken on November 1, 2005 to postpone consideration of the case for an indefinite period of time.

As we reported before, on 2 November 2005 the judge of Nizhny Novgorod region Court Samartseva postponed consideration of the suit lodged by the Ministry of Justice against the Russian-Chechen Friendship Society with the demand to close the organization down. The time for the next hearing has not been fixed.

The Russian-Chechen Friendship Society was represented by Alexander Lavrent'ev who appealed not to consider the suit as according to the “Law on Public Associations” the registration body has no right to lodge a suit with the demand to destroy an organization. After the judge made a decision not to comply with the request, the RCFS representatives stated that they were going to appeal this decision to the superior court by submitting a complaint. The judge made a decision to postpone the case hearing for an indefinite period of time until the case is considered by the Panel of Judges on civil cases at the Supreme Court of the Russian Federation.

The judge's notification was signed on 3 November but sent on 8 November. The RCFS had it delivered only today, in the second half of the day.

The letter from Samartseva says, “I have to inform you that in accordance with parts 1 and 2 of Article 223 of the Civil Code of the Russian Federation, part 1 of Article 371 of the Civil Code the ruling not to comply with the request can't be an obstacle to hold the main hearing of the case. Thus, I have to inform you that the date of the main hearing is scheduled now on 14 November 2005 at 10 am”.

According to the RCFS staffers, this sudden decision evidences an assumption that it has been done on purpose in order to create as many obstacles as possible for the RCFS to carry out their defense and to exhaust them by subsequent court hearings.

(From our correspondent)


Nizniy Novgorod Report # 796

Preliminary court hearing of Dmitrievsky case: the judge had not complied with any of appeals of his lawyers

On 3 November 2005 the preliminary hearing of the charges under article 282 of the Criminal Code of the Russian Federation preferred to the chief editor of “Pravo-zaschita” newspaper and the executive manager of the Russian-Chechen Friendship Society Stanislav Dmitrievsky was held at the court of Sovetsky district of Nizhny Novgorod. The judge Bondarenko refused two appeals submitted by the defendant and his lawyers with one ruling. The appeals requested to exclude inaccessible evidence from the case and to close the case as there are no signs of a crime in the actions of the defendant.

The next hearing of the case has been fixed on November 16, 2005 at 4 pm. The same day the Arbitrage Court of Nizhny Novgrod region is to consider the complaint submitted by the RCFS against the tax inspection that has had financial claims to the human rights organization amounting to more than a million rubles.

Two lawyers are defending Dmitrievsky in court. They represent nationalities between which Dmitrievsky has allegedly stirred up hatred, according to the prosecution side. Yury Sidorov is an ethnic Russian (Nizhny Novgorod) and Leyla Khamzaeva is an ethnic Chechen (Moscow).

As we reported earlier, on 2 September 2005, Stas Dimitrievsky, as chief editor of the “Pravo-zaschita” (Human Rights Defence) newspaper, was officially charged under paragraph b of part 2 of Article 282 of the Criminal Code (“inciting hatred or enmity on the basis of ethnicity and religion”), offences which carry a maximum penalty of two years in prison, for allowing the (re)-publication of two peace appeals by Aslan Maskhadov and Akhmed Zakaev. This article carries a maximum penalty of five years in prison. The criminal case was commenced in January this year referring to the re-publication of peace appeals made by Maskhadov and Zakaev in the “Pravo-zachita” newspaper. Both publications contain tough rhetoric against actions of Russian authorities, the Russian federal forces and personally President Vladimir Putin in Chechnya. Human rights defenders consider all the measures against them as clearly politically motivated and aimed at curtailing the Constitutional right to have
freedom of expression.

(From our correspondent)


Nizniy Novgorod Report # 795

The court hearing concerning the demand of the Ministry of Justice to close the RCFS down has been postponed

On 2 November 2005 the judge of Nizhny Novgorod region Court Samartseva postponed consideration of the suit lodged by the Ministry of Justice against the Russian-Chechen Friendship Society with the demand to close the organization down. The time for the next hearing has not been fixed.

The Russian-Chechen Friendship Society was represented by Alexander Lavrent'ev who appealed not to consider the suit as according to the “Law on Public Associations” the registration body has not right to lodge a suit with the demand to destroy an organization. After the judge made a decision not to comply with the request, the RCFS representatives stated that they were going to appeal this decision in the superior court by submitting a complaint. The judge made a decision to postpone the case hearing for an indefinite period of time until the case is considered by the Panel of Judges on civil cases at the Supreme Court of the Russian Federation. As a rule, it takes not less than a month to consider such complaints.

As we reported before, this case had begun on 8 April 2005, when the Federal Registration Service (FRS) under the Ministry of Justice had undertaken an audit and then initiated a court case against the RCFS because of its failure to provide the FRS with required documents (documents, which had been confiscated by the Tax Inspectorate just some weeks before) (see O.R. 775 680 403). For some time the attitude of the involved persons from the side of the Justice Ministry was that they would call the suit back as soon as the RCFS has changed the name of the organization. But in the court hearing on this case on 26 October the representative of the Justice Ministry claimed to close the organization down.

(From our correspondent)


Nizniy Novgorod Report # 782

The criminal case against the chief editor of “Pravo-zaschita” newspaper is to start in court on November 3

27.10.2005. Nizhny Novgorod. The preliminary hearing of the criminal case commenced under paragraph “b” of part 2 of Article 282 of the Criminal Code of the Russian Federation (“inciting to hatred or animosity”) against the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the RCFS Stanislav Dmitrievsky is to be held on November 3, 2005 in Sovetsky district court of Nizhny Novgorod that is situated at the address 75 Beketov Street. The case is be considered by the judge Bondarenko in office #40 and the hearing starts at 11 am.

As it is the preliminary hearing, the defendant's appeal to exclude the inadmissible evidence from the case is going to be considered. In Dmitrievsky's and his lawyers' points of view, the main evidence of the prosecution side have been obtained with violations of the Procedural Code. It refers to the expertise of the peace appeals made by Maskhadov and Zakaev that is the only evidence the charges are based on. Thus, they have to be excluded from the case, according to the defendant's lawyers. According to the Procedural Code, no public will be allowed to attend the preliminary hearing. All the other proceedings will be open.

(From our correspondent)


Nizniy Novgorod Report # 779

The law nonsense: the tax inspection insists on attaching the criminal case against Dmitrievsky to the case at the arbitrage court initiated by the RCFS

On 26 October 2005 representatives of the tax inspection openly confirmed the political background of the tax claims to the Russian-Chechen Friendship Society. It happened at the hearing at the arbitrage court of Nizhny Novgorod Region where they demanded to attach the documents collected during the investigation into the case charging Stanislav Dmitirevsky under article 282 of the Criminal Code of the Russian Federation to the case that is being considered now in the arbitrage court. The judge of the arbitrage court Evgenia Belyanina couldn't conceal her surprise when such application was submitted and she informed the sides that she would need time to read all the documents before taking a decision.

The court hearing was attended by five representatives of the tax inspection, including a lawyer with the law department of the tax inspection of Nizhegorodsky district of Nizhny Novgorod Rafael Nasyrov and a tax inspector Ludmila Barskova. Both had the right to represent the tax bodies in court. All the rest were attending the hearing as visitors. Nasyrov submitted his response to the RCFS complaint. When the judge pointed to the fact that it was submitted overdue, Nasyrov told that he had completed it the evening before.

The executive manager of the RCFS Stanislav Dmitirevsky also stated that the response was submitted overdue and thus the RCFS couldn't acquaint themselves with it before the court hearing that is the breach of the Arbitration Code. In connection with this fact he asked the judge to postpone the court hearing until they read the response and prepare to the next hearing in a proper way. The judge compiled with the request and fixed the next court hearing on November 16 this year.

Looking through the response from the tax inspection, both the judge and the representative of the RCFS were surprised to see the appendix to the response containing documents from the criminal case under Article 292 commenced by the prosecutor's office of Nizhny Novgorod Region in reference to the publication of peace appeals by Maskhadov and Zakaev in “Pravo-zaschita” newspaper (the newspaper is the joint edition of the Russian-Chechen Friendship Society and Nizhny Novgorod Region Society for Human Rights). The copies of the incriminated articles as well as texts of the linguistic expertise carried by a specialist of the Privolzhsky Center of the Law Expertise Larisa Teslenko are attached to the response. As we reported before, the expert finds grounds of inciting of three types of animosity in the appeals made by Maskhadov and Zakaev, including ethnic, national and social. However, the expert doesn't clarify against what groups precisely the appeals are aimed at. Rafael Nasyrov's
response states that the expert's conclusions confirm the fact that the funds received by the RCFS from the international foundations and aimed at contributing to the peaceful reconciliation of the conflict were spent on inciting to animosity and thus the profit tax must be levied on them.

Dmitrievsky stated that he considered such evidence as inadmissible. Addressing to the judge, he reminded that every defendant is considered innocent unless they are found guilty by court according to the Constitution of the Russian Federation. The expert's conclusions attached to the case have been taken from the information collected during the preliminary investigation into the criminal case under Article 282 and they reflect Teslenko's personal opinion the court makes its verdict. If the judge at the arbitrage court comes to the decision to attach the submitted documents to the case, the RCFS is going to submit the conclusions made by some other experts and to demand all the experts to be questioned in court. However, he thinks that an attempt to turn the arbitrage case into the criminal one is absurd.

Dmitrievsky commented on the situation, “In any case the tax agents openly confirmed that the campaign aimed at annihilation of the RCFS is a politically motivated planned action and not the chain of coincidences as they stated before. To all appearances, it's the prosecutorship of Nizhny Novgorod Region that has been playing the first fiddle in this orchestra and the tax agents are their second one. From the other side, it's evident now that the tax bodies have failed in upholding their position within the tax and arbitrage law and as a matter of fact they have confirmed that we are absolutely right. Being unable to defend their position by applying the lawful methods, they have tried to discredit us with the judge”.

(From our correspondent)


Nizniy Novgorod Report # 775

Registration department at the Ministry of Justice again insists on closing the RCFS down

25.10.2005. Nizhny Novgorod. Today during the court hearing at the regional court the Ministry of Justice suddenly returned to their claims to close the Russian-Chechen Friendship Society down. Moreover, the representative of the Registration department Oleg Kocherov asked the judge Samartseva to take this decision immediately. Earlier officials of the registration department stated more than once that they had almost no claims to the RCFS and assured that they were going to call the suit back from court. The executive manager of the RCFS Stanislav Dmitrievsky attached the response to the suit in which he stated that the demands to liquidate the organization are not based on the law as the Registration department received all the information requested to be submitted for their checking a few months ago and the delay in its submittance was well reasoned. The court hearing has been postponed until November 2, 2005 until additional documents confirming Dmitrievsky's statements are
attached to the case.

As we reported before, on 8 April, 2005 the main department of the registration service at the Ministry of Justice of the Russian Federation in Nizhny Novgorod region lodged a suit against the RCFS demanding to close it down. The department carried unscheduled checking of the activities of the RCFS since 28 February 2005. To carry it, the registration department demanded to submit the originals of the documents concerning the financial operations carried by the organization. However, as of that moment, these very documents were being checked by the tax bodies of Nizhegorodsky district of Nizhny Novgorod. Thus, they couldn't be submitted to the inspection of another state agency. The RCFS notified the Ministry of Justice about this situation. Nevertheless, the acting deputy chief of the main department of the registration service E.V. Istomina considered it as a grave violation of the law and lodged a suit demanding to close the RCFS down. On 16 June 2005 the tax agencies completed
checking the RCFS activities and all the seized documents were returned to the organization. On 22 June all the necessary documents were submitted to the Registration service for their checking.

On 29 June the regional court postponed the case hearing on 4 August following then request made by the representative of the Registration service Aleksey Shubin. He explained to the judge that the RCFS had presented all the documents for their inspection and they need time to study them.

On 12 September they completed studying the documents and the RCFS received a warning from the Registration department about breaching the law, including Article 14 of the federal law “On Public Associations”. It concerned the name of the organization mostly as the words “Russia” and “Russian” can be used only referring to all-Russian organizations, according to this law whereas the RCFS is an inter-regional organization. They also made some other remarks concerning the necessity to mention all the RCFS branches set after its establishment in the statutes as well as to file the documentation in a proper way. The RCFS followed all these remarks and sent all the necessary documents confirming it to the Registration service. It refers both to the amendments in the statutes and the change of the name of the organization into the Russo-Chechen Friendship Society.

On 21 September the case consideration was postpones again and it was also the decision of the Registration service. Its representative, Aleksey Shubin, claimed during a court hearing that at that moment they were busy with considering the papers that referred to the change of the name. Talking to a representative of the RCFS unofficially, Shubin told that they were satisfied with the submitted documents but registration of all the amendments in the statues and the change of the name would take some time. He also told that after doing all that, the suit demanding to close the RCFS down would be likely to be called back as they had no other claims to the RCFS.

However, yesterday Oleg Kocherov, who substituted Shubin as a representative of the Ministry of Justice in court, suddenly started to claim closing the organization down presenting no other charges than overdue submittance of the documents. At the same time he confirmed in court that all those documents had been received and considered by them long before. Nevertheless, he asked to close the RCFS immediately.

The executive manager of the RCFS Stanislav Dmitrievsky thinks that such a situation might e explained by some good results gained by the RCFS in the arbitrage court. “Closure of the organization will result in the disappearance of the plaintiff in the arbitrage case against the tax inspection and consequently the arbitrage case will be surely closed. All the disputed funds will be immediately withdrawn from the accounts of the organization that is under liquidation and I will become the defendant in the criminal case commenced by the Ministry of the Interior that refers to evading taxation. This criminal case is now making no headway as it is based on the decision of the tax bodies that has been appealed to the arbitrage as unlawful. If they manage to liquidate the RCFS, “the team” that has been coordinating the harassment campaign against us will kill three hares with one shot…They will destroy the organization, close the arbitrage case that they going to fail, gain the money and
put me to prison”, commented Dmitrievsky.

(From our correspondent)



Nizniy Novgorod Report # 751

Acknowledgement of the evident fact: the tax agencies have confirmed the political background of their claims to the RCFS


14.10.2005. Nizhny Novgorod. The Russian-Chechen Friendship Society received a letter from the Administration of Federal Tax Service of Nizhny Novgorod Region in response to their complaint about the decisions taken by the tax inspection of Nizhegorodsky district that had been submitted some time before. The RCFS asked to cancel the decision taken by the tax inspection of Nizhegorodsky district to impose the profit tax upon the assets received by the RCFS to implement specified projects. The complaint was submitted to the superior tax body in accordance with the procedure established by Article 139 of the Tax Code. The Administration of Federal Tax Service of Nizhny Novgorod Region represented by the deputy chief inspector of the administration Natalya Mamykina made a decision not to comply with the request. She explained her decision by stating, for instance, that the RCFS had published Maskhadov's and Zakaev's peace appeals in its newspaper. According to Mamykina, publication of these appeals contradicts both to the statutes of the RCFS and to article 2 of some federal law (she didn't indicate what law she meant).

Moreover, Ms. Mamykina stated in her letter that “according to part 5 of article 13 of the Constitution of the Russian Federation, establishment and activities of public associations which activities are aimed at forcible change of the constitutional order and disrupting the territorial integrity of the Russian Federation, threatening the safety of the state, organizing armed groups and inciting to social, ethnic or religious animosity are prohibited”. Then Natalya Mamykina comes to the conclusion that the organization has received the funds with the framework of implementing charity activities. However, Mamykina claims that “they are considered as a profit of the organization as it has spent the received funds beside the purposes of the projects. Thus, the profit tax can be imposed upon them”.

“The tax officials have been persuading everybody that their actions against the RCFS are just a regular tax inspection, that it is observance of the tax law that they are interested in and there is no political background in this case. Now Ms. Mamykina is behaving like the corporal's widow who has whipped herself. Mamykina has acknowledged that the tax claims have been directly caused by publication of Maskhadov's and Zakaev's appeals by the RCFS. Bravo!”, commented Dmitrievsky the response made by the Administration of Federal Tax Service of Nizhny Novgorod Region.

Dmitrievsky continues, “If we consider Mamykina's work from the point of view of the law, it's not clear for me how an official of the tax inspection can give her estimates to the content of the publications in our newspaper. According to the law, it is the prerogative of court of general jurisdiction or Information Ministry or the Committee on Disputes on Information, as the last resort. The tax bodies have nothing to do with these issues. From the legal point of view, the fact the regional prosecutorship perceived these articles calling to the peaceful reconciliation of the Russian-Chechen conflict as incitement to ethnic animosity and decided to prefer charges against me means nothing. The prosecutorship has to prove these accusations in court and I think that they are going to have many problems to do it. I'd like to remind Mrs. Mamykina that according to part 1 of Article 49 of the Constitution of the Russian Federation, a person suspected of committing a crime is regarded
innocent unless their guilt is proved in court and court verdict gets its legal force. The same refers to the dirty hints made by Mamykina that activities of our public association are aimed against the forcible change of the Constitutional order and similar nonsense. I have to remind here that the only court verdict of March last year that had something to do with our organization referred to a 500-ruble fine for some inaccuracy in the date-line of our newspaper. That's all!”

In conclusion the executive manager of the RCFS stated, “It goes without saying that we are going to appeal this decision as it is ignorant from the point of view of law. But it is important that we have obtained irrefutable evidence that the tax bodies and the prosecutorship are acting jointly against us, that they are coordinating measures undertaken to destroy the human rights organization. We have not sent any issues of the newspaper to the tax inspection and they didn't demand it as they don't have such a right according to the law. Natalya Mamykina must have received information about Maskhadov's and Zakaev's appeals in the newspaper only from the prosecutor's office of Nizhny Novgorod region. But it is a gross violation of the principle of the secrecy of investigation”.

As we reported before, on 15 August 2005 the tax inspection of Nizhegorodsky district made Resolution #25 to bring the Russian-Chechen Friendship Society to tax accountability for alleged breaking the tax law. The deputy chief of the tax inspection M. Yu. Trifonov claimed in this document that the Society has to pay taxes and fines amounting to 1 001 561 rubles for the funds that they had received from international donors to implement their specific projects. On 24 August the RCFS appealed this decision at the Arbitrage Court of Nizhny Novgorod region as unlawful and ungrounded. The complaint lodged by the RCFS is to be considered on 26 October at the Arbitrage court. The RCFS also appealed this decision to the superior tax body that is the Administration of Federal Tax Service of Nizhny Novgorod Region.

Besides, on 2 September the chief editor of the “Pravo-zaschita” newspaper and the executive manager of the RCFS Stanislav Dmitrievsky was officially charged of committing the crime under paragraph b of part 2 of Article 282 of the Criminal Code of the Russian Federation (“inciting to animosity”). The charges refer to the fact of publication Askan Maskhadov's open letter to the European Parliament and Akhmed Zakaev's appeal to the people of Russia that contain tough rhetoric against the policy of president Putin in the North Caucasus.

(From our correspondent)



Nizniy Novgorod Report # 716

Officers of justice made the tax inspection to follow the court decision: the Russian-Chechen Friendship Society bank accounts have been opened

October 5, 2005. Yesterday the Russian-Chechen Friendship Society obtained access to its bank accounts and started to carry out bank transactions. It became possible after the tax inspection of Nizhny Novgorod had followed the resolution of the Arbitrage Court of Nizhny Novgorod Region to suspend the orders to collects profit tax and fines from the Russian-Chechen Friendship Society. The tax inspection sent the letter to Nizhny Novgorod branch of the “Vneshtorgbank” Bank that suspends their collection orders to forcefully withdraw the assets from the RCFS bank accounts and to freeze its accounts in foreign currency. To make the tax inspection follow the resolution, the RCFS had to turn to the Federal Service of Officers of Justice in Nizhny Novgorod region on 29 September 2005. The tax inspection had not followed the resolution of the arbitrage court for two weeks before that.

As we reported before, on 12 September 2005 the judge of the Arbitrage Court of Nizhny Novgorod region Evgenia Belyanina decided to suspend the Resolution #25 of the Tax inspection to bring the RCFS to the tax accountability. Her decision will be valid until the appeal of the RCFS against the tax inspection is considered at the arbitrage court.

On 15 August the tax inspection of Nizhny Novgorod made Resolution #25 to bring the RCFS to the tax accountability for violating the Tax Code. The deputy chief of the tax inspection M.Yu. Trifonov claims in this document that the RCFS has to pay the profit tax and fines from the assets received by the public organization in the period from 2002 to 2004 to implement their projects. The total amount of the tax claims is 1 001 561 rubles. On 24 August the RCFS appealed this resolution at the arbitrage court.

(From our correspondent)


Nizniy Novgorod Report # 704

Prosecutor impedes the case concerning threats against the RCIA staffers.

29.09.2005. The executive manager of RCIA, Stanislav Dmitrievsky was questioned today by the police about the harsh physical threats distributed on September 9th and aimed at him and Oksana Chelysheva, the editor of the English version of the Information Agency. It was the first questioning at the police although it is already 20 days since the threats were reported to the prosecutor's offices. According to the Criminal Code, the decision to commence criminal proceedings or not has to be taken not later ten days after the appeal is submitted.

Dmitrievsky was called to questioning to an investigator at Nizhegorodsky district police office of Nizhny Novgorod. No criminal case has been opened yet, though.

Dmitrievksy and Chelysheva brought allegation about the crime to the regional prosecutor on September 9th. In four days, on September 13th, the prosecutor in Nizhny Novgorod region gave the order to the service personnel to start collecting preliminary information into the case to Nizhegorodsky district prosecutor's office. They, in their turn, sent the case to the police office of Nizhegorodsky district on September 19th.

As reported earlier, September 9th 2005, at about 7 pm, the officials of RCIA again received leaflets with harsh physical threats. The leaflets were pasted on the walls of the apartment building where Dmitrievsky lives, and also at his apartment door. Dmitrievsky and Chelysheva reported the threats to the prosecutor, claiming to unite two cases of threats into one criminal case. The first threats appeared on March 14th and they were aimed against Oskana Chelysheva. The leaflets were distributed in the area where Chelysheva lives. The case has been suspended by the prosecutor's office of Kanavinsky district of Nizhny Novgorod under the pretext that “it is impossible to establish perpetrators of the crime”.

(From our correspondent)


Nizniy Novgorod Report # 703

Chief editor of “Human Rights Defence” newspaper is threatened with five years in prison

On 29 September 2005 the chief editor of the “Human Rights Defence” newspaper Stanislav Dmitrievsky received the bill of indictment at the prosecutor's office of Nizhny Novgorod region. The bill charges him of committing the crime under paragraph B of part 2 of Article 282 of the Criminal Code of the Russian Federation, that is committing actions aimed at inciting ethnic hatred or animosity as well as humiliating people or a group of people on the basis of ethnicity or religion or belonging to a social group applying a mass media outlet and his official position. The maximum sentence here is 5-year imprisonment.

The bill of indictment is signed by the chief investigator of the Nizhny Novgorod region prosecutorship Oleg Kirukov and it is confirmed by the deputy prosecutor of Nizhny Novgorod region Belov.

As we reported earlier, Dmitirevsky is charged with publishing peace appeals made by Aslan Maskhadov and Akhmed Zakaev that contain statements that can be considered under Article 282 of the Criminal Code, from the point of view of prosecutorship. The prosecutorship states, for instance, that the following statements can be considered as inciting to ethnic, religious or social hatred:

- “It's not late for us to settle all the disputable points. But to do it, the Russian people have to get rid of the people for whom peace means the loss of power and it's likely that these people can find themselves in the dock. There will be bloodshed both in Chechnya and in Russia until they are in the Kremlin”;

- “...the deportation of 1944 was the ninth act of genocide committed by the chief military and political leadership of the Russian empire”;

- “Chechens were deported by Russia in 1792 for the first time...”;

- “More than quarter of a million of the Chechen civilian population have been annihilated in the on-going Russian-Chechen war”;

- “the international community ... has no intention to react to this criminal insanity of the bloody regime”;

- “...the 60th anniversary of the deportation was commemorated by many Chechens in the toughest conditions of unmotivated mass murders, extrajudicial executions, arbitrarily detentions, violent mopping-up operations, torture, abductions, checkings by address that have been carried by Russian occupants and their collaborators for five years of outrage”;

- “Today the new wave of total Russian terror has become our new national tragedy exactly as it was 60 years ago. The unique and original Chechen people are being annihilated between these millstones”;

- “...we invite independent experts from the UNO and EC to monitor the situation so that the Russian propagandists can't distort the situation in the Chechen Republic of Ichkeria by means of ungrounded and slanderous accusations against Chechens”;

- “There are no doubts that it is the Kremlin that has become today the center of the international terror as they have chosen Chechnya and Chechens to subject them to sampling terrorist methods that are being worked out by the FSB”;

- ”It is naïve to think that the present regime of Russia will hesitate to apply their terrorist experience at the international scale to reach political or other g?als”;

- “The treacherous and cowardly act of terror perpetrated by the Russian special services in Quatar resulting in the untimely death of Zelimkhan Yandarbiev is an evidence to that”;

- “..you have become the witnesses of one of the numerous terrorist methods applied by the Russian side when they take hostages among the civilian population”;

-“...we would like to believe that the Chechen people have the right to hope that the war that has been imposed on Chechnya by Putin's regime will be recognized as a case of genocide”;

- “The light day is approaching when the sacred Chechen land will be freed from innumerable masses of the Russian occupants and their collaborators”.

The bill of indictment says nothing against which ethnic, religious or social groups these phrases incite to hatred.

The prosecutorship also thinks that the appeals made by Maskhadov and Zakaev contain statements that are aimed at demonstrating superiority of the Chechen people over the Russian people:

- “Today the new wave of total Russian terror has become our new national tragedy exactly as it was 60 years ago. The unique and original Chechen people, that are one of the homogeneous peoples of the North Caucasus, are being annihilated between these millstones”;

- “The light day is approaching when the sacred Chechen land will be freed from innumerable masses of the Russian occupants and their collaborators”.

The bill of indictment states that Dmitrievsky “has not admitted his guilt of committing the crime and stated that he had no intention to incite to any kind of animosity by publishing articles by Maskhadov and Zakaev in the “Pravo-zaschita” newspaper. He thought and keeps thinking that these publications are important for the public as they contain opinions of the leadership of one of the sides of the conflict in Chechnya concerning its roots and possible ways to settle it. All the rhetoric of these articles is aimed against the policy of the Russian Federation in Chechnya and not against any ethnic, religious or social group”. However, the investigation has come to the conclusion that they have proved Dmitrievsky's guilt by conclusions made by the expert of Privolzhsky Regional Center of legal expertise at the Ministry of Justice of the Russian Federation Larisa Teslenko. It's necessary to point to the fact that the accusation is based only on the conclusions of one expert. The
investigation has dismissed appeals made by Dmitrievsky and his lawyer to carry additional expertise.

“This case is politically stated and is aimed against freedom of speech in Russia”, Dmitrievsky stated to the Russian-Chechen Information Agency.

Dmitirevsky has appealed to carry the preliminary court hearing to exclude proofs that had been obtained with infringements of the procedural law. Investigator Oleg Kirukov has refused to meet the request.

The criminal case against Dmitrievsky will be sent to court in the nearest future. The court will set the time for the court hearing.

(From our correspondent)



Nizniy Novgorod Report # 700

Editor of “Human Rights Defence” newspaper appealed to close the criminal case against him claiming that there are no signs of a crime in the case

26.09.2005. Nizhny Novgorod. The chief editor of the “Human Rights Defense” newspaper completed the procedure of getting acquainted with the criminal case commenced under part 1 of Article 282 (“inciting to ethnic hatred”) after he allowed publishing peace statements by Aslan Maskhadov and Akhmed Zakaev in the newspaper. Before signing the report on acquainting with the case, Dmitrievsky submitted two requests to the investigator at the regional prosecutor's office Oleg Kirukov. He asks to leave out inadmissible proofs from the case in the first petition. The second petition refers to the request to close the criminal case as there are no signs of criminal activities in his actions.

According to Dmitirevsky, the conclusions of the linguistic expertise that the investigators consider as the main evidence have been received with gross violations of the Criminal Procedural Code. Thus, they have to be excluded from the case.

Dmitrievsky states in his request, “According to paragraph 11 of part 4 of article 47 of the Criminal Procedural Code of the Russian Federation, being an accused I have the right to acquaint myself with the order to carry the expertise, to put questions to the expert and to acquaint myself with the expert's conclusion. According to paragraphs 2-5 of part 1 of article 198 of the Criminal Procedural Code of the Russian federation, I have the right to challenge the expert or to require to conduct an expertise by another expert agency, to ask to get the experts who I name to participate in conducting the expertise or to carry the expertise at a definite expert agency; to require to include additional questions to an expert to the order to conduct the expertise; to be present at the procedure of conducting the expertise if n investigator permits it; to offer my explanations to an expert.

A chief investigator of Nizhny Novgorod region FSB branch lieutenant colonel of Justice R.N. Putanov gave the order to carry the expertise on January 18, 2005 whereas I was officially charged only on September 2, 2005. Thus, I was deprived of any opportunity to defend myself and to realize the rights guaranteed by paragraph 11 of part 4 of article 47 and paragraphs 2-5 of part 1 of article 198 of the Criminal Procedural Code.

At the same time, all that has resulted in the basic principle of the legal procedure. This principal is equality of sides during a trial that is under part 4 of Article 15 of the Criminal Procedural Code. The accusation is based only on expert's conclusions and they were prepared on the basis of the questions asked by the investigator whereas the side of defense couldn't put their questions to the expert. In addition, the expertise was carried by a specialist who had been chosen by the investigator and I wasn't able to require getting specialists who I could name to participate in the expertise. I was not able to challenge the expert or to require conducting the expertise at a different expert agency. Thus, the prosecution side has found itself in a more favorable position than the side for the defence while conducting the expertise of the publications that I have been charged with. Moreover, some time before that you have refused my requests to conduct new linguistic expertise. By
making that decision, you have deprived me of opportunity to realize my lawful rights once again. That's why, the expert's conclusions No 697/33 from 18 February, 2005 and No 698/33 from 18 February 2005 have been obtained with serious violations of the Criminal Procedural Law. They remain the main evidence in the case, though.

Paragraphs 1-6 of part 1 of Article 198 of the Criminal Procedural Code of the Russian Federation give the list of the rights which an investigator has to explain to a defendant when a decision to carry an expertise is made. It has not been done either.

According to paragraph 3 part 2 of Article 75 of the Criminal Procedural Code, the evidence obtained with violations of the requirements of the law are inadmissible. Such evidence does not have any legal force in accordance with part 1 of the Article 75. They can not be considered as main evidence to bring an accusation against a person”.

Dmitrievsky requires leaving out the above-mentioned conclusions from the criminal case on the above-stated grounds.

Dmitrievsky and his lawyer Yury Sidorov submitted an appeal to close the criminal case in connection with the fact that there is no other evidence of the crime in the case.

Dmitrievsky thinks that these appeals will be refused too. “The case is politically motivated and the investigation has been carried with infringements of the law”, states the chief editor of the 'Human Rights Defense” newspaper. “They kept me as a witness to the case for seven months although it was clear from the very beginning who would be charged. It was done with the only purpose to restrict my possibilities to realize my Constitutional right to defend myself. I don't think that anything is going to change now as the logic of lawlessness that the FSB and prosecutor's office made the basis of this case is going to dictate the further unlawful acts of the investigation. I'd like to make a mistake but I know that no miracles are possible with the Russian prosecutorship”.

On 2 September, 2005 Dmitrievsky was officially charged with “inciting to ethnic animosity on the basis of nation, nationality, language, confession as well as belonging to some social group” under Article 282 of the Criminal Code of the Russian Federation. The criminal case was commenced in January this year regarding the fact of publication of open letters by Maskhadov and Zakaev with calls to peaceful reconciliation of the Russian-Chechen conflict. Both letters are full of tough critic of the Russian authorities, Russian armed forces and president Vladimir Putin personally.

RCFS as well as a number of well-known Russian human rights organizations consider persecution of the RCFS by prosecutorship, the Interior Ministry, the tax inspection and the Ministry of Justice as politically motivated and aimed at destruction of the public organization that criticizes the policy of the authorities of the Russian Federation in the North Caucasus. Amnesty International and the International Helsinki Federation have also expressed their concern about the situation with the RCFS.

(From our correspondent)


Nizniy Novgorod Report # 690

On Monday the executive manager of the Russian-Chechen Friendship Society is to receive the bill of indictment concerning the criminal case

23 September 2005. Nizhny Novgorod. On Monday the executive manager of the Russian-Chechen Friendship Society is to receive the bill of indictment concerning the criminal case #292. Investigator Oleg Kirukov told Dmitrievsky about it. On receiving the bill of indictment, Dmitrievsky will be permitted to get acquainted with the case.

Meanwhile, it became known today that the Main Investigatory department at the GUVD (the Interior Ministry) of Nizhny Novgorod region commenced another criminal case against the RCFS. This time they refer Article 199 of the Criminal Code of the Russian federation that is “evasion of taxation or (and) payment of dues at a large scale”. Today Dmitrievsky was interrogated as a witness to this case.

As reported before, on September 2, 2005, Dmitrievsky was officially charged with Article 282 of the Criminal Code of the Russian Federation. The article refers to “inciting to ethnic animosity”. The criminal case was commenced in January this year referring to the fact of publishing statements made by Maskhadov and Zakaev that contained calls to peace reconciliation of the Russian-Chechen armed conflict in the newspaper. These two publications were full of tough rhetoric against the Russian authorities, its military forces and president Vladimir Putin personally.

(From our correspondent)


Nizniy Novgorod Report # 687

One more criminal case has been commenced against the Russian-Chechen Friendship Society

September 23, 2005. Nizhny Novgorod. One more criminal case has been commenced against the inter-regional public organization “Russian-Chechen Friendship Society”. The executive manager of the RCFS Stanislav Dmitrievsky learnt about it during his interrogation at the Main Investigatory department at Ministry of the Interior of Nizhny Novgorod region. This time the Russian-Chechen Friendship Society has been charged with committing the crime that part 1 of Article 199 of the criminal Code of the Russian federation refers to, that is “evading payment of taxes or (and) dues by an organization at a big rate”. The criminal case bases the charges on the information collected during the audit of the financial activities of the RCFS conducted by the tax inspection, including decision #25 on bringing the tax-payer to the tax accountability although this decision has been appealed at the arbitrage court and its validity has been suspended by the arbitrage court.

The criminal case was commenced on September 2, 2005 but the RCFS staffers learnt about it only today. Yesterday a serviceman of the Main Investigatory department came to the flat where Dmitrievsky lives and handed in the summons to come to be interrogated as a witness. Dmitrievsky was interrogated the next day. It lasted from 10.30 am until 1.40 pm. Investigator Alexander Vorobyov told Dmitrievsky about the commenced criminal proceedings. No official charges have been preferred yet. However, taking into account that Dmitrievsky is the only responsible member of the organization who makes decisions on financial issues according to the statutes of the organization, it's him who will be the main suspect.

As reported before, on September 2, 2005 the prosecutor's office of Nizhny Novgorod Region officially charged Dmitrievsky with “inciting to animosity”, according to Article 282 of the Criminal Code of the Russian Federation.

The RCFS considers that criminal and administrative prosecution of the organization conducted by the bodies of prosecutorship, the Interior Ministry, tax inspection, the Justice Ministry are politically motivated and aimed at destruction of the human rights organization that has been always critical of the policy carried by the Russian authorities in the North Caucasus.

Editor in Chief Stanislav Dmitrievskiy Editor of this release is Oksana Chelysheva


Nizniy Novgorod Report # 681

The preliminary hearing was held at the arbitrage court of Nizhny Novgorod region concerning the suit of the Russian-Chechen Friendship Society against the decision of the tax inspection

The RCFS asks in the suit to cancel the decision made by the tax inspection to bring the RCFS to tax accountability as unlawful. The executive manager of the RCFS Stanislav Dmitrievsky added to the case file officially approved translations of the documents, the conclusion of an independent audit and some other documents that are necessary to be taken into consideration. The tax inspection was represented by the chief specialist on law issues at the tax inspection of Nizhny Novgorod Nasyrov who stated that he need time to study the additional documents attached to the file. Having complied with the request, the judge Evgenia Belyanina postponed the hearing of the case and settled the next court hearing to October 25 this year.

During today’s hearing a very sensitive occurrence took place. When the representative of the tax inspection was looking through his papers, he dropped them onto the floor and there was a copy of Maskhadov’s appeal to the European Parliament published in “Pravozaschita” newspaper. It is the publication that the prosecutor’s office of Nizhny Novgorod bases its charges to Dmitrievsky of “inciting to animosity” under Article 282 of the Criminal Code of the Russian Federation. Both Dmitrievsky and the RCFS accountant Natalia Chernelevskaya noticed it. They have no doubts that Nasyrov could receive this copy from the newspaper that has small circulation and was published a year and half ago from the prosecutor’s office only.

When the court hearing ended, Nasyrov spent fifteen more minutes in the court room. The RCFS have grounds to assume that it was connected with the attempt to impose pressure upon the court. Pressure must have been imposed by showing this article to the judge and telling her about the background of the criminal case.

(From our correspondent)

http://www.ria.hrnnov.ru/eng/index.php


Nizniy Novgorod Report # 679

Judge of the peace court postponed the hearing concerning the demonstration carried by human rights defenders against the tax inspection officials.

20.09.2005 . A judge of the peace court of the Nizhny Novogrod region has postponed the court hearing opened to settle administrative account with Stanislav Dmitrievski, the managing director of the Russian - Chechen Friendship Society. The issue concerned organising a picket against the tax inspection. The case is postponed until September 30th as a result of the request made by Dmitrievski.

The court has taken into consideration that the day before Dmitrievski appealed the procurator's admonition about the picket being inadmissible, as he considered their decision to prohibit holding a picket as illegal, groundless and revocable. The admonition was given him in the morning of September 2nd at the prosecutor's office of the Nizhny Novgorod district of the city. The appeal has been sent by Dmitirevsky to the district prosecutor. According to the law a judge of peace is obliged to wait for the prosecutor's decision.

As informed earlier, representatives of the Russian- Chechen Friendship Society, Committee against Torture,the Soldiers´ Mothers and other public organizations conducted a demonstration against the Federal Tax Inspection Office in Nizhny Novgorod on September 2nd. Human rights defenders protested against the tax officials' decision to withdraw the money of the public organization without any preliminary court verdict. 12 participants of the demonstration, including Dmitrievski, were detained by the OMOH. Afterwards the majority of them were reported as violators of the administrative law.

(From our correspondent)


Nizniy Novgorod Report # 667

RCFS: the “Kremlin” TV station can know who is behind the threats that human rights people receive

On 13 September 2005 at 5 pm the TV Company “Kremlin” stated in the news program that the Russian-Chechen Friendship Society connects the threats that its staffers had received with the National Bolshevik Party. Meanwhile, an editor of the Russian-Chechen Information Agency Oksana Chelysheva stated the opposite in the television interview to the “Kremlin” TV company. According to the RCFS, this TV company “is acting in favor” of the perpetrators of the crime. In addition, in the off-screen commentary they mentioned with reference to the prosecutor’s office that destruction of the human rights people web page and leaflets containing threats are “part of the criminal prosecution”.

At 3 pm a correspondent of “Kremlin” TV station Natalya Bessarabova interviewed Oksana Chelysheva in the office of the RCFS. The TV Company came to the human rights people on their own initiative and they were interested in receiving information about the threatening leaflets distributed by unidentified people in the house where the managing director of the RCFS Stanislav Dmitirevsky lives last Friday. Chelysheva told that there were real telephone numbers of activists of Nizhny Novgorod branch of the NBP in the leaflet but she pointed to the fact that the RCFS didn’t connect the threats with national Bolsheviks She added that the RCFS considered it as a clear provocation aimed at causing clash between the RCFS and the NBP and at setting the investigation at a wrong track. When the journalist asked Chelysheva whether the RCFS shared the opinion expressed by a representative of the NBP that distribution of the leaflets must have been organized by some special agencies, Chelysheva
affirmed it

However, all these statements were not included into the newscast and the off-screen commentary stated that it was the national Bolsheviks that the RCFS suspects of threatening them.

The managing director of the RCFS called the station program editor Tatiana Ivanova and asked her to explain why the position stated by the RCFS had been distorted by them. Ivanova didn’t manage to give any definite answer (see the verbatim report of the conversation that follows). Dmitrievsky thinks that the most logical explanation of the accident is an assumption that this TV company is directly involved into this provocation. He demanded from Ivanova to refute the false information. “The leaflets are aimed at organizing a quarrel between us and national bolshevics and at setting the investigation at the wrong track. However, we stated that the NPB could not be involved into distribution of the slanderous leaflets the same evening when they were distributed. We repeated it in the interview to the “Kremlin” TV company. However, the TV company made the decision to misinterpret the situation in the way it was advantageous to the provocateurs. Thus, the conclusion arises that the organizers of this wretched and cowardly attempt to intimidate us and those who gave the order to broadcast this TV lie are the same people. I think that Mrs. Ivanova must know these people pretty well. And I can’t but come to an opinion that these are people from the prosecutor’s office whose interesting commentaries were used to prepare the off-screen commentary”.

In the TV commentary there was also a scandalous statement made with reference to the prosecutor’s office of Nizhny Novgorod Region that the recent destruction of the web page of the RCFS and distribution of the leaflets are “details of the criminal prosecution” commenced against the RCFS. It follows from this that the leaflets with the murder threats and the hackers’ attack have been organized by the prosecutor’s office. “In my opinion, the prosecutors have become too indiscreet with their tame journalists who just blabbed everything out”, Dmitrievsky commented on the statements made by the authors of the program.

As the RCIA reported earlier, the prosecutorship of Nizhny Novgorod region has not undertaken any actions to commence investigation into the threats the RCIA staffers received on September 9, 2005 although the threats were reported the same day. The evidences of the crime have not been fixed and victims and witnesses to the crime have not been questioned. We are reminding that on 9 September the members of the Russian-Chechen Friendship Society were subjected to threatening with murder again. The leaflets were glued onto the walls of the house section in which the managing director of the RCFS Stanislav Dmitrievsky lives and onto the door of his flat. Some time before, on March 14, similar leaflets were distributed in the neighborhood where the editor of the RCIA Oksana Chelysheva lives. The criminal case was suspended on September 6, 2005 by the prosecutorship of Kanavinsky district of Nizhny Novgorod because “it is impossible to establish people that must be called to account for
committing a crime

Verbatim

The verbatim report of the telephone conversation between the editor-in-chief of the RCIA Stanislav Dmitrievsky and the “Kremlin” company program editor Tatiana Ivanova.

Dmitrievsky: Could I speak to the station program editor?

Ivanova: It’s me. My name is Tatiana Ivanova.

Dmitrievsky: Tatiana, I have a direct question to you. I consider yesterday’s newscast as continuation of the same provocation with the leaflets. .

Ivanova: Why?

Dmitrievsky: Because you stated that we allegedly accuse the National Bolsheviks Party for distributing the leaflets. It’s nonsense!

Ivanova: I want to tell you to be careful with words. Well, we act according to the facts. Do you know this word?

Dmitrievsky: Well.

Ivanova: The fact is that…if you saw the newscast…

Dmitrievsky: Yes. Even recorded it.

Ivanova: Well, the young man who represented the NBP told me personally that he was the first one who you called up.

Dmitrievsky: It’s true.

Ivanova: That’s why we told that you suspected them at first. You have been in conflict with them for quite a time.

Dmitrievsky: Nothing of the kind! Let’s speak about what Oksana Chelysheva told and you have this record on the original tape. We dialed these numbers and we confirmed in our opinion that they had nothing to do with it. We have no grounds to suspect the NBP in that situation because their attitude to the war in Chechnya is almost the same. We also stated that see it as a provocation of some special services. It was stated in front of your camera. Why have you distorted our words?

Ivanova: These words have not been distorted. This is the first thing. Secondly, a source within the prosecutorship told that it was not inconceivable (I’m citing the text) “that it must be part of the criminal prosecution”.

Dmitrievsky: What! Do you mean the erasing of our site?

Ivanova: We meant everything. That it must be part of the criminal prosecution.

Dmitrievsky: Thus, distribution of the leaflets is also…, so the prosecutorship has admitted that it is them who distributed all that?

Ivanova: No. Firstly, I haven’t told you that.

Dmitrievsky: What agency carries out criminal prosecution? The prosecutorship agencies!

Ivanova: Nevertheless, we have information that the erasing of the site is part of the criminal prosecution.

Dmitrievsky: It’s another thing. Thus, the prosecutorship has admitted that they erased our database..

Ivanova: I think that it is not them who erased you site.

Dmitrievsky: Well, their hackers if it is part of the criminal prosecution and the prosecutorship is responsible for the criminal prosecution in our country. I’d like to know why you have distorted our position regarding distribution of the leaflets. We plainly stated that we don’t connect it with the NBP, that it is a provocation aimed at both organizations. It was definitely stated. Do you understand that I have grounds to suspect that this newscast was ordered by those who distributed the leaflets? This person, this organization want us to come into conflict with the NBP by distributing these leaflets. We tell your journalists in front of the camera that no, it isn’t so, it’s not the NBP. You repeat this nonsense again. I’m preparing another appeal to the prosecutorship in which I’m stating all these details and I demand to interrogate you as a witness to the case because all that is false... It is meanly of you.

Ivanova: We are going to expect commencing a criminal case against us after your criminal case. Let’s wait.

Dmitrievsky: No, not a criminal case. I just want the prosecutor’s office to interrogate you as a witness who gave you the order to distort the facts in such a way. I think, from the same people who distributed the leaflets.

Ivanova: How dare you…

Dmitrievsky: Thus, the newscast is prepared by order. It is absolutely loathsome, distorting our position.

Ivanova: Well, it is your position. What do you want to hear from me now?

Dmitrievsky: I want you to refute your information. .

Ivanova: What should I refute?

Dmitrievsky: I want to hear over TV that the RCFS has never suspected the NBP of distributing these leaflets.

Ivanova: I’ll consider such possibility

Dmitrievsky: Today!

Ivanova: I’ll consider such possibility.

Dmitrievsky: I’ll wait until tomorrow!

Ivanova: Thank you.

Dmitrievsky: Well. Good bye.

(From our correspondent)



Nizniy Novgorod Report # 644

Provocation against the RCFS and NBP in Nizhny Novgorod. Staffers of the RCFS are threatened again

URGENT MESSAGE

On 9 September 2005, leaflets containing threats aimed against staffers of the Russian-Chechen Friendship Society were distributed in Nizhny Novgorod again. Unlike the intimidation campaign that took place five months ago, the leaflets are signed not by the non-existent “Patriotic Front of A.P. Ivanov” but contain real telephone numbers of activists of the National-Bolshevic Party. However, we strongly feel that national bolshevicks are not involved into this intimidation campaign. We are dealing with a deliberately planned provocation.

Today, on 9 September 2005, unidentified people distributed leaflets containing threats and slander aimed against the managing director and editor-in-chief of the Russian-Chechen Information Agency Stanislav Dmitrievsky and the editor of the RCIA Oksana Chelysheva. The leaflets were distributed in the house where Dmitirevsky lives. The leaflets are printed on thin yellow A4 paper sheets. There are two of the symbols of the NPB printed in the leaflet in the top left corner of the leaflet and at the bottom of it. The leaflet states:

Infamy and contempt! Be afraid of the people's anger!

At the same time when young patriots are fighting against domination if people from the Caucasus in Russia, so-called human rights defenders Dmitrievsky and Chelysheva are getting their bloody money from their mountainous soul brothers and are making profit put of annihilation of the local population of Russia.

We say no to the pro-Chechen vermin Who live among us and at our expense

Death to the enemies!

We are waiting for you


Then the names Ilya and Mikhail follow with some telephone numbers. When we tried to check whether these telephone number really exist, it turned out that these are numbers belong to the leader of Nizhny Novgorod branch of the National Bolshevik Party Ilya Shamazov and his deputy. Ilya Shamazov stated that his organization and he personally were not involved into distributing these leaflets. Dmitrievsky also thinks that a deliberate provocation aimed both against the Russian-Chechen Friendship Society and NBP had taken place.

As the RCIA reported earlier, on 14 March, 2005 similar leaflets were distributed in the area where Oksana Chelysheva lives. The criminal case has been commenced and the investigation is being conducted by the prosecutorship of Kanavino district of Nizhny Novgorod (the investigator is Alexander Kuflin).

The prosecutor's office has not been able to find the guilty for more than five months. The RCFS are sure that the people who have organized this provocation are trying to reach several aims - to find “the guilty” of the threats and to announce their achievements in investigating this criminal case, to start repressions against the Nizhny Novgorod branch of the NBP and to cause a clash between the human rights people and national Bolsheviks. “To all appearances, the power is afraid that the opposition forces will get united and they are trying to cause a quarrel between us by such dirty means. In addition, they would like to deliver a blow at the NBP as they are being persecuted now by the authorities. It is a proof to the assumption that people who distributed the leaflets did it by order made by the authorities”, Stanislav Dmitirevsky stated.

(From our correspondent)


Nizniy Novgorod Report # 613

Militia makes an attempt to detain the managing director of the RCFS

On 1 September 2005 at about 11.10 am Stanislav Dmitrivsky was stopped by two militiamen of the patrol force when he was going to work who made an attempt to detain him. Dmitirievsky was stopped in Sovetskaya Square not far from the building where the RCFS office is situated. They started asking him why “he had so strange eyes and why he was walking in such a strange way. Then they asked him whether he had some alcohol in the morning. When the militiamen ordered Dmitrievsky to show his passport, they started examining it and it lasted for quite a long time. They also asked him where he worked. Dmitrievsky tells, “I have an impression that the militiamen were trying to find any cause to detain me and if I hadn’t had my passport on me, I would have been detained. All that lasted for quite a time. After all, I asked the militiamen whether they had any other questions or claims. One of the militiamen said no and permitted me to go to work. It must be connected with the intention to
prevent us from holding tomorrow’s picket in front of the building of the tax inspection. However, I can’t state anything for sure as today is September 1 and the militia is carrying their traditional raid against drunken people. They surely have received some special order how much people addicted to alcohol and people who resemble Chechen terrorists they should detain”.

On 2 September at 3 pm the Russian-Chechen Friendship Society is going to hold a picket in front of the building of the tax inspection of Nizhegorodsky district of Nizhny Novgorod situated at the address 52a Il’inskaya Street. The aim of the picket is to express disagreement to the absolute unlawful, in our opinion, decision to impose the income tax upon the assets received by a public organization to implement projects and demonstrate our contempt for the staffers of the tax inspections who have performed “the dirty political order”, from the point of view of the members of the RCFS.

Today Stanislav Dmitirvsky received summons from the prosecutor’s office to come to the chief investigator Oleg Kiryukov who is going to charge him of perpetrating the crime that part1 of Article 282 of the Criminal Code of the Russian federation refers to (inciting to ethnic hatred) and to interrogate him as a charged offender. Dmitirevsky is to be charged at 11 am tomorrow. Yesterday famous Russian human right advocates including Sergey Kovalyov and Lyudmila Alekseeva signed “The Open Letter on RCFS Persecution” in which they expressed their deep concern about harassment of the Russian-Chechen Friendship Society that has been imposed on it by different state bodies.

(From our correspondent)


Nizniy Novgorod Report # 596

Tax Authority Forcibly Withdraws Funds from Russian-Chechen Friendship

Society Account On 26 August 2005, Nizhegorodsky regional tax authority (a city of Nizhny Novgorod branch of Russia’s Federal Tax Inspectorate (FTE) began forcefully withdrawing funds from operational bank accounts of the Russian-Chechen Friendship Society (RCFS). The action resulted from the tax authority’s decision pursuant to Article 46 of the Tax Code of the Russian Federation - to fine the human rights organisation for an alleged failure to pay tax on the international grants they had received from foreign donors. The total sum to be written off their accounts is 844 227 roubles.

This was done even though the tax authority’s decision of 15 August 2005 to subject the organisation to fine had been duly appealed against in the Nizhegorodsky Region Arbitration Court. Simultaneously, the human rights organisation had asked to stop any further court procedures until the appeal was heard. The Court was supposed to regulate on this matter next week. The tax authority used the time gap to deprive the human rights defenders of all financial resources.

In the words of Stanislav Dmitrievsky, RCFS Executive Director, this action was conducted in severe breach of the existing legislation. For the first time in the history of the Russian Federation, it creates a precedent whereby profits from operational grants to a non-governmental body were subjected to state taxation. This targeted and discriminatory action is aimed at paralising the legitimate activities of a registered non-governmental organisation that has become an inconvenience for Russia’s authorities. If we do not stop the law-breaking bureaucrats straight away, there will be further victims. Everyone must realise that the whole of the country’s non-governmental sector is now under severe threat.

Editor in Chief Stanislav Dmitrievskiy


Nizniy Novgorod     Report #  546

The tax inspection insists on their claims to the Russian-Chechen Friendship Society

On 15 August 2005, Stanislav Dmitrievsky, the executive manager of the Russian-Chechen Friendship Society, received “Resolution #25 on taking a tax-payer to accountability for an offence of the tax law” at the Inspection of the Federal tax Police in Nizhegorodsky district of Nizhny Novgorod. The deputy chief of the tax inspection M. Yu. Trifonov claims in this document that the RCFS has to pay 1 001 561 rubles as fines and income tax to their assets that were received in the period from 2002 until 2004 as grants. As we reported before, on June 16 2005, Stanislav Dmitirevsky was handed in the act of the tax audit according to which the RCFS had to pay 1 001 561 rubles to the state. The RCFS received grants from the National Endowment for Democracy (from the finance allocated by the State Council of the USA) and the European Commission in the reporting period. The money was allocated to cover expenses necessary to run the programs aimed at supporting democracy, human rights defense and information coverage of the situation in the Chechen Republic. The tax inspection explained their claims by stating that the organizations that backed the RCFS financially were not allegedly on the federal list of donors exempt from taxing according to the resolution #923 from 24 December 2002 by the government of the Russian Federation. However, the European Commission is the fourth on this list whereas the financial support allocated to Russia by the State Council and other governmental bodies of the USA is exempt from taxing according to the inter-governmental treaty between Russia and the USA from 14 April, 1992. On 28 June, 2005 the Russian-Chechen Friendship Society lodged a complaint to the tax inspection with their grounded objections to the afore-stated reasons. They also demanded to countermand the decision as unlawful and ungrounded. Yesterday representatives of the tax inspection partly agreed to the reasons offered by the RCFS in the complaint. They acknowledged the fact that the European Commission is really on the federal list. However, they insist on the same sum of tax fines. This time they reason their claims referring to Article 251 of the Tax Law which says about grants to carry out programs “in the area of education, art, culture and protection of the environment”. According to tax inspectors, “publishing a mass media outlet and its distribution” contradict to this list of the thematic priorities. In addition, according to the tax inspection, the treaty between Russia and the USA from 14 April 1992 doesn’t refer to the assets received by the RCFS. According to the RCFS, the tax inspectors are absolutely unjustified in their narrow interpreting of Article 251 of the Tax Law. As for the treaty between Russia and the USA, they are deliberately distorting its meaning. “The assertion that this treaty refers to the activities of the personnel of companies of the USA working in Russia is based not on the text of the treaty. Such an idea must have been created by the hot imagination of Mr. Trofimov and his subordinates”, stated the executive manager of the RCFS Stanislav Dmitreivsky. The RCFS is going to lodge another complaint regarding the decision made by the tax inspection.


Nizniy Novgorod     Report #  511

The executive manager of the RCFS is summoned for an interrogation as a suspect

09 August 2005. Stanislav Dmitrievsky, the executive manager of the Russian-Chechen Friendship Society and the editor-in-chief of the “Pravosaschita” newspaper has been summoned for an interrogation to the prosecutor's office of Nizhny Novgorod Region as a suspect . Dmirievsky was notified about it with a writ signed by the chief investigator Oleg Kirukov who has received the criminal case against the “Pravozaschita” newspaper for investigation. The interrogation is to take place on 11 August at 2 pm in the room 117 at the prosecutor's office.

As we reported earlier, on 11 January 2005, the prosecutor's office of Nizhny Novgorod Region initiated a criminal case charging “The Pravosaschita” newspaper of publishing a statement made by the president of the unrecognized Chechen Republic of Ichkeria Aslan Maskhadov, in which he appealed to the European Parliament, and an appeal of his foreign representative Akhmed Zakaev to the Russian people. These two Chechen leaders called to the peaceful reconciliation of the Russian-Chechen armed conflict in their statements and expressed their opinions about its causes and reasons. Zakaev also called not to vote for a presidential contender Vladimir Putin at the coming elections as, in his opinion, the latter was supported by the party of war.

“The Pravozaschita” newspaper is a joint project of the Russian-Chechen Friendship Society and Nizhny Novgorod Society for Human Rights. The editor-in-chief of the newspaper is Stanislav Dmitrievsky who is also the managing director of the RCFS and the editor-in-chief of the Information center at the RCFS. According to the Russian law, it's him who is responsible for the compliance of the articles published in the newspaper with the norms of the Russian legislation. The case was initiated in reference to part 2 of article 280 of the Criminal Code of the Russian Federation that is public incitement to extremist activities through mass media outlets. The case was investigated by the FSB as this article is under its jurisdiction.

Dmitrievsky was summoned to the interrogation at the FSB on 20 January. The same day four servicemen of the FSB arrived at the office hired by RCFS and NNSHR and seized all the registration documents of the newspaper, a filing of its issues as well as all the contracts with the staffers of the Information Center including the ones of those who work and live in the Chechen Republic. Some other documents were seized too. All the staffers of the editorial office of the Information Centre at the RCFS that is situated in Nizhny Novgorod were interrogated in January and February. In March 2005 the FSB Department in the Chechen Republic received a special mandate from the Nizhny Novgorod Region Department of the FSB to summon the staffers of the Information center to be interrogated. Seven Chechen staffers of the Information Center whose contracts had been seized by the FSB in Nizhny Novgorod were interrogated. Those interrogations were used as means of intimidation. As a result, some reporters made a decision to quit their jobs at the Information Center. There was an attempt to blacken the reputation of one of the reporters. The FSB servicemen told neighbors of the reporter responsible for Achkhoy-Martan district Petimat Tokaeva that she was their informer.

In April the Russian-Chechen Friendship Society appealed to specialists of the Independent Law Council of Experts (Moscow) to carry the legal expertise of the incriminated publications for the purpose of establishing signs of the crime that article 280 of the Criminal Code refers to. The expertise came to the conclusion that there were no signs of this crime in the aforementioned publications. This decision of the commission of experts was adduced to the case. The FSB carried its own linguistic expertise of the incriminated publications simultaneously with the Independent Law Council of Experts. It was carried by specialists from the Ministry of Justice. Their experts also came to the conclusion that there were no utterances that can be considered under jurisdiction of Article 280 in the two incriminated publications. However, they made a decision that there were signs of the crime that Article 282 of the Criminal Code of the Russian Federation refers to. This is inciting ethnic and religious hatred. As Article 282 of the Criminal Code is not under jurisdiction of the FSB, the case was sent back to the prosecutor's office of Nizhny Novgorod Region in the last ten days of April. Dmitirevsky learnt about it on 25 April at the prosecutor's office where he was summoned for another interrogation as a witness.

All the staffers of the Information Center at the RCFS who have been interrogated so far are were questioned as witnesses to the criminal case. None of them have been accused of the law violation. Due to it, none of the people that have been interrogated so far have no procedural rights to learn the case or the writ on its initiation.

The leaders of the Russian-Chechen Friendship Society are sure that all the attempts to find signs of the crimes indicated by both Article 280 and 282 of the Criminal Code of the Russian Federation are groundless, absurd and politically biased. (From our correspondent)



PRESS-RELEASE #1354 FROM JUNE 29, 2005

REPORT FROM NIZHNIY NOVGOROD

Court postpones review of the suit to liquidate RCFS on request of the Ministry of Justice

June 26, 2005. Judge Samartseva of the Nizhni Novgorod province court determined that the hearing regarding the liquidation of the Russian-Chechen Friendship Society will be postponed to August 4. The decision was taken in a meeting with the plaintiff in the case, the Federal Registration Authority of the Nizhni Novgorod Province office of the Russian Ministry of Justice. The representative of the plaintiff, Aleksey Shubin, stated that at present RCFS has submitted all the required documents for review, and the officers need time to look them over.

As reported earlier, on April 8, 2005, the Federal Registration Authority of the Nizhni Novgorod Province office of the Russian Ministry of Justice submitted a suit to the court requesting the liquidation of the Russian-Chechen Friendship Society. Since February 28, 2005, the authority has been conducting an audit of RCFS. In the course of the audit the authority has, among other things, required documents regarding the financial activities of the organization. However, at the time of that request those documents were in the possession of the Nizhni Novgorod tax authorities, which was reviewing them, and could thus not be submitted as requested for legitimate reasons. This was certified by specialists at the Ministry of Justice. Nevertheless, acting deputy chief of the authority E.V. Istomina considered the non-submittal of the documents - held by another government agency - as a grave violation of the law, and submitted a suit to the court requesting the liquidation of the
organization. On June 16, 2005, the tax audit of RCFS was finished and the documents were returned to the organization. On June 22, 2005, the documents were in turn submitted to the Registration Authority of the Ministry of Justice. Since then no additional documents have been requested by the plaintiff.

By all appearances, the registration officials requested the postponement of the hearing in order to be able to correct their position, since it is now not possible to accuse the RCFS of failure to submit documents.

RCFS submits complaint regarding the tax authority’s neglect to prosecutor

June 20, 2005. The Russian-Chechen Friendship Society turned in a complaint to the prosecutor, accusing the Federal Tax inspection office in Nizhni Novgorod of neglect. According to RCFS, the tax officials violated the procedural time period for reviewing the petition to close the administrative case.

The case of administrative violation regarding the alleged failure to pay taxes was brought by L.F. Barskova, main state tax inspector of the Nizhni Novgorod district in the city of Nizhni Novgorod. On June 16, simultaneously with the submission of the complaint, RCFS was charged with back taxes in the amount of more than one million rubles.

On June 28 RCFS submitted to the tax inspector’s office a petition to close the administrative proceedings against its executive director Stanislav Dmitrievskiy. In accordance with article 24.4 in the administrative violation code of the Russian Federation, a written petition is subject to immediate review and decision.

However, when RCFS representatives arrived at the tax inspector’s office in the Nizhni Novgorod district to find out the decision, the head of the review department Larisa Komleva stated that the petition had still not been processed and therefore not been reviewed. (From our correspondent)



PRESS-RELEASE #1353 FROM JUNE 29, 2005

REPORT FROM NIZHNIY NOVGOROD

The report on the situation with the RCFS is published

From 16 June till 18 June, 2005 Bill Bowring, the director of Human Rights and Social Justice Institute, London, worked in Nizhny Novgorod. His trip was aimed at clarifying the situation with pressure imposed upon the Russian-Chechen Friendship Society by various state bodies of the Russian Federation. Bill Bowring was appointed by the Bar Human Rights Committee of England and Wales (BHRC) to travel to Nizhny Novgorod. His mission was funded by “Front Line”, the Irish non-governmental organization that is International Foundation for the Protection of Human Rights Defenders. Bill Bowring has prepared the report on the findings of his mission to Nizhny Novgorod that the Information Centre at the RCFS offers our readers.

BAR HUMAN RIGHTS COMMITTEE OF ENGLAND AND WALES

WITH THE SUPPORT OF

FRONT LINE – THE INTERNATIONAL FOUNDATION FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS

ACTIONS OF STATE BODIES OF THE RUSSIAN FEDERATION IN RELATION TO HUMAN RIGHTS NGOs IN NIZHNII NOVGOROD

REPORT OF A MISSION TO NIZHNII NOVGOROD, 16 TO 18 JUNE 2005

BY PROFESSOR BILL BOWRING

BARRISTER, PROFESSOR OF HUMAN RIGHTS AND INTERNATIONAL LAW AT LONDON METROPOLITAN UNIVERSITY, MEMBER OF THE EXECUTIVE COMMITTEE, BAR HUMAN RIGHTS COMMITTEE TERMS OF REFERENCE

The terms of reference of my visit were set out in my Letter of Accreditation of 23 May 2005, as follows:

23 May 2005

TO WHOM IT MAY CONCERN

The Bar Council of England and Wales represents over 12,000 independent barristers, legal academics and lawyers in Government service in the United Kingdom. The Bar Human Rights Committee of England and Wales (BHRC) is an independent group of specialist barristers and experts who work on a voluntary basis to develop law and human rights protection throughout the world. BHRC has appointed Professor William Bowring to travel to Nizhnii Novgorod between Thursday 16 and Saturday 18 June 2005 for the following purposes:

To investigate the situation concerning the actions of state bodies in relation to the Society for Russian-Chechen Friendship

To meet, as far as possible, the responsible persons within the MVD, FSB and other state structures

To indicate to the authorities and to local and national media that there is international concern surrounding this case, and to seek explanations and reassurances

To provide information as to possible remedies or avenues of recourse at the domestic or international levels

BHRC would be grateful to the authorities in Nizhnii Novgorod for all facilities and courtesies which may be extended to Professor Bowring during his visit.

Thank you in advance for your assistance.

Yours sincerely

Peter Carter QC

Chairman

Bar Human Rights Committee

This letter was translated into Russian, and photocopies of the original letter and a translation into Russian were given to each of my interlocutors in Nizhni Novgorod.

I am very grateful to Front Line – The International Foundation for the Protection of Human Rights Defenders, an NGO based in the Republic of Ireland, which funded my Mission.

I am also grateful to Mr Stanislav (Stas) Dmitrievsky, for his constant assistance during my visit, and for sharing with me his passionate interest in and commitment to the architectural heritage of Nizhnii Novgorod.

As set out below, I was received with the greatest courtesy and assistance by all the officials whom I met during my visit.

BACKGROUND

The background of concern which gave rise to my visit is well set out in the Statement of 10 June 2005 by the International Helsinki Federation, contained in Annex 1 to this Report.

In addition, on 3 June 2005 Amnesty International issued a Public Statement entitled “Russian Federation: Nizhnii Novgorod Society for Human Rights ordered to halt activities” This is contained in Annex 2.

FINDINGS OF THE MISSION

1. As appears from the two Annexes to this Report, there were three main matters of concern giving rise to the decision to send me to Nizhnii Novgorod.

2. These were:

· Criminal prosecution concerning articles in the newspaper “Pravo-Zashchita” (Human Rights Protection)

· Actions by the Tax Inspectorate of the Ministry of Finance, concerning the Society for Russian-Chechen Friendship (SRCF)

· Actions by the Federal Registration Service of the Ministry of Justice, concerning SRCF and the Nizhnii Novgorod Society for Human Rights (NOPCh)

The relationship between the various NGOs in Nizhnii Novgorod

3. A human rights group was founded in Nizhnii Novgorod in 1990 and was the first human rights organisation in the Volga region. In 1993 the group established the Regional Public Organisation – Nizhnii Novgorod Society for Human Rights (NOPCh). NOPCh was registered at the Department of Justice of the Nizhnii Novgorod Council of Peoples Deputies with number No.401 on 31 August 1993. NOPCh was included in the Unified State Register of Legal Persons on the basis of the State Number 1025200021736. Its (out of date) web-site is to be found at http://www.uic.nnov.ru/hrnnov/rus/nnshr/index.htm.

4. On the basis of NOPCh a number of independent structures were established:

· The Nizhnii Novgorod Peacemaking Group

· The League of Prisoners’ Mothers

· The Youth Human Rights Centre

· The Women’s Human Rights Group

· The Centre for Aid to Migrants

· The Society for Russian-Chechen Friendship (Inter-Regional Organisation) - SRCF

· The Nizhnii Novgorod Regional Organisation “Committee Against Torture”

5. SRCF was registered on 21 June 2000, with Registration No. 1568 – OP. It is funded by the US governmental body “National Endowment for Democracy” (NED), the EC, and the Norwegian Foreign Ministry. Immediately prior to me visit to Nizhnii Novgorod I met the EC Delegation’s Task Manager for this project, Tatyana Bokaryeva. She was delighted that I was going there, and under the auspices of BHRC.

6. NOPCh is also one of the founders of the Regional Public Organisation “Nizhnii Novgorod Human Rights Protection Association”.

7. I met Mr Igor Kalyagin, the Executive Director of the Committee Against Torture, and he told me that three cases taken by the Committee to the European Court of Human Rights some years ago have now been communicated to the Russian Government, and a direct result has been the re-opening of criminal investigations into members of the police. There does not seem to be any connection between these developments and the events which gave rise to my visit.

8. The newspaper “Pravo-Zashchita” (Human Rights Protection) was founded by NOPCh in 1996, and appears irregularly, though in principle monthly. There have been 64 issues to date. It is registered with the Volga Regional Direction for Registration and Control for the Observance of Legality in Oblast Press and Mass Information No. S 1191. The newspaper was founded with the support of the National Endowment for Democracy (USA). The print-run is 5,000 copies, and the paper, which has 24 pages, is free of charge. There is an electronic version up to the year 2000 at http://www.uic.nnov.ru/hrnnov/rus/nnshr/paper/, and http://www.sci-nnov.ru/massmedia/papers/nnpapers/pravo/.

9. The Editor of “Pravo-Zashchita” is Stanislav Mikhailevich Dmitrievsky, who is also Executive Director of SRCF. Increasingly, the news content of “Pravo-Zashchita” is provided by SRCF and its network of correspondents in Chechnya.

10. About one and a half months prior to my visit SRCF moved to more convenient new offices, in a building which was previously a “Dom Byta” – House of Being. The new offices are much larger, 50 square metres rather than 35 as previously. Phone lines had been installed by the time of my visit. There are several offices and a good sized meeting room.

11. I was unable to meet Oksana Chelysheva. She was detained in Moscow by a family illness.

The criminal prosecution

12. On 11 January 2005, a criminal case was commenced in relation to suspected facts of a crime in connection with two articles in “Pravo-Zashchita”.

· Issue No1 (58), March 2004, contained the Appeal of Akhmed Zakaev (Vice-President of the Government of the Chechen Republic Ichkeria) to the Russian People, printed on page 1.

· Issue No 2 (59), April-May 2004, contained on page 7 the Appeal of Aslan Maskhadov (the now deceased President of the Chechen Republic Ichkeria) to the European Parliament, on the question of the deportation of the whole of the Chechen people from Chechnya on 23 February 1944.

13. I was informed by Mr Dmitrievskii that the criminal case was commenced by the Prosecutor’s office of Nizhny Novgorod Region, and as the incriminated article is under the jurisdiction of the Department for the Protection of the Constitutional System of the Federal Security Service (FSB, formerly KGB), under Article 280 of the Criminal Code, “Public calls to carry out extremist activity”, the investigation was carried by the FSB. The maximum penalty for this offence when carried out in the mass media is up to five years imprisonment, and prohibition from participation in the media for up to three years.

14. The offices of the SRCF were raided, and documents were taken away. Mr Dmitrievsky told me that all the legal founding documents of the newspaper were taken together with all contracts of employment.

15. SRCF then started an information campaign about the prosecution, and Mr Dmitrievsky believes that the FSB simply became fed up. They are used to working secretly. He also thinks there may be some conflict between the FSB and Prokuratura.

16. The case was then passed to the Prosecutor’s Office (Prokuratura), and is now the responsibility of Mr Maksim Ivanovich Dudnik, a Senior Investigator of the Department for Investigating Especially Serious Cases. An expert report was commissioned into the content of the two Appeals, and the conclusion was there was no evidence of commission of the crime specified in Article 280. This expert report was initiated by the FSB and after having received the experts’ conclusions, they returned the case to the Prosecutor’s Office, as this article of the Criminal Code is under their jurisdiction.

17. The case was amended so as to remove reference to Article 280, and instead to refer to Article 282 of the Criminal Code, “Exciting hatred or enmity, as well as diminishing human dignity”. This step, together with extensions to the time limit for conducting an investigation, is authorised by a senior prosecutor.

18. To date, no person, physical or legal, has been charged with any criminal offence. Mr Dmitrievskii has been invited to attend for questioning as a “witness” rather than as a “suspect” or an “accused”, as defined by the Criminal Procedural Code.

19. Mr Dudnik agreed to meet me on 17 June 2005, and received me courteously, on my own, in his office in the new, modern building of the Prokuratura. He told me that he graduated from the Saratov Legal Academy, and has been a prosecutor for four years. He is responsible for investigating serious cases such as murder, and the most serious economic crimes. It should be pointed out that the Ministry of the Interior (Police) also has its own investigators, who investigate all crimes other than the most serious.

20. After I told him about the international concern surrounding the case, he informed me that investigations are still continuing, but now for offences under Article 129 of the Criminal Code, “Kleveta”, or “Criminal Libel”. This is generally punishable by a fine, though the aggravated offence could be punished by imprisonment for up to three years. It is not clear to me whom or what is said to have been defamed – perhaps the Russian state. A third expert report on the two articles has been commissioned, and its results are awaited in August. Consideration of the report could well take a further month.

21. Mr Dudnik underlined the fact that to date no person has been charged, there has been no search, and individuals have been questioned as witnesses only.

22. When I suggested to him that the investigation was being “strung out” in order to avoid the various civil actions, for example defamation, which might be brought if the cases are stopped, he replied that all the decisions taken so far could be challenged in the courts, but so far there has been no challenge. Mr Dmitrievsky insists that there is no such possibility.

23. I took the opportunity to explain to him the approach of the European Court of Human Rights in relation to such cases, and advised him to read the decisions in Ozur Gundem v Turkey, and Castells v Spain. He said that he had only received limited instruction in human rights principles while at law school, and assured me that he would locate the judgments, which are available in Russian translation, and would read them.

24. On 20 June 2005, following my visit, the Prokuratura of Nizhnii Novgorod Oblast held a press conference at which Konstantin Moiseyev, an Assistant Prosecutor of Nizhniii Novgorod Oblast, confirmed that a further expert report had found no evidence of the commission of a crime under Article 282. A news item on the Demos news service confirming the press conference also referred to my Mission[2].

25. Mr Dmitrievsky told me that he is now less worried about the criminal investigation.

Federal Tax Inspectorate

26. In March 2005 the Federal Tax Inspectorate commenced an audit of the accounts of SRCF for the past three years. However, special interest by this body in SRCF started some one and a half years ago, according to Mr Dmitrievsky. In his view this is the most serious threat to SRCF.

27. Together with Mr Dmitrievsky, in his capacity of Executive Director of RCFS, I went to the office for the Federal Tax Inspectorate without prior notice. We were accompanied by a reporter and photographer from Associated Press.

28. They were not allowed further into the building than the lobby, but I was permitted to attend a meeting with Mr Dmitrievsky, as his witness, according to the Article 90 of the Tax Code of the Russian Federation.

29. I briefly met the Manager of the office, who, on 3 June 2005, called the accountant of the RCFS, Natalia Chernelevskaya, to an interview and allegedly threatened her – see Annex 1 below. I was also present when she was interviewed by the AP reporter at the office of NOPCh. She appeared to me to give a credible account of what happened to her. I did not have the opportunity to put this account to the manager.

30. With Mr Dmitrievsky I met Mrs Larisa Igorevna Komleva, Head of Viyezdnikh Proverok No.1, Sovetnik Nalogovoi Sluzhbi RF III Ranga (she is head of the Department of Out Of Office Audit No.1, and is a Councillor of the Tax Service of the Russian Federation, 3rd rank).

31. She informed me more than once that she is qualified as an economist, and teaches part-time as a Dotsent (Senior Lecturer) at the Faculty of Tax Inspection, of the Institute of Economics and Law or the State Construction University in Nizhnii Novgorod. She seemed particularly interested in impressing me with her qualifications.

32. Her department is one of two in Nizhnii Novgorod which carries out audit where it is not possible for the tax-payer to provide office facilities for a visiting inspector, and all necessary documents must therefore be provided for audit in the Tax Inspectorate. The audit covered the activities of RCFS over a three year period.

33. She referred me to Chapter 14 of the Tax Code of the Russian Federation, which is entitled “Tax Control”. Articles 87 to 89 stipulate for “Viyezdni (Out of Office) Proverka.” She insisted that an audit of this kind is carried out every two years, and is absolutely of a normal planned nature. However, Article 82(3) of the Code plainly states that the police and other state agencies inform each other about materials the may have on violations of tax legislation. The fears expressed by RCFS that they have been singled out for a special audit as part of an orchestrated campaign is therefore credible.

34. In my presence Mr Dmitrievsky was handed an official document entitled “Akt Nalogovoi Proverky” (Record of Tax Audit). This was dated 16 June 2005, and stated that the Audit commenced on 10 March 2005, was halted 20 April 2005, started again 14 June 2005, and was completed on 16 June 2005. Preparation of such a Record is governed by Article 100 of the Tax Code, “Oformleniye rezultatov viyezdnoi proverky” – “drawing up of the results of out of office audit.

35. The Code provides that if a grant received by an organisation is considered not to be “tselevoi finance”, ie for a particular purpose, then it is to be taxed as profit.

36. It appeared from the Record that the Tax Inspectorate had decided that all grants received from RCFS for the past three years have been treated as profit, leading to a demand for unpaid tax and fines of over 1m RR, that is, at least $35,000.

37. Mr Dmitrievsky was asked to add any comments to the Record before acknowledging receipt by signing it.

38. Under Article 100(5) of the Code RCFS has two weeks in which to propose corrections to the Record. The Inspectorate must reply within 14 days. In the absence of agreement, the tax-payer may apply to court, Mr Dmitrievsky intends that all necessary applications will be made.

39. In his view the Record contains two main mistakes. The first is the failure to recognise that the EEC is the same as the European Commission (this occurs on page 6 of the Record), and the EEC is not included in the list of the Government RF No.923 of 24 December 2002 “On the list of foreign and international organisations the grants of which are not included in the goals of tax liability in the receipts of Russian organisations which receive grants.” The EC is on the list.

40. Second, a large part of RCFS’ money was contributed by the National Endowment for Democracy, Washington. To treat this grant money as profit would contradict the agreement entered into between Russia and the USA, exempting funds contributed by US funds from Russian tax.

41. According to Mr Dmitrievsky, there is a clear contradiction between the 1995 Law on Social Associations (NGOs) and the Tax Code.

42. All the documents which had been taken away for the purposes of the Audit were returned to Mr Dmitrievsky.

Ministry of Justice, Federal Registration Service

43. The court case commenced against SRCF in April 2005 concerned failure to provide documents required by the Federal Registration Service for the purpose of their audit.

44. The FRS carries out an audit every year as a matter of course. They carried out an audit in July 2004, and everything was said to be in order.

45. Following the return of the relevant documents by the Tax Inspectorate, I attended the office of the Ministry of Justice of the Russian Federation with Mr Dmitrivesky. Again, no prior notice was given.

46. We were courteously received by Mr Aleksei Pavlovich Shubin, Counsellor of Justice Second Class, and Chief Administration for Nizhny Novgorod Oblast of the Federal Registration Service

47. I understood that the outcome of the meeting was that everything was now in order with presentation of necessary documents for the registration of SRCF and NOPCh.

· A plan of audit will be settled by agreement in relation to NOPCh

· Mr Dmitrievsky is now in a position to supply all documents for SRCF

48. It would appear that the events of 3 June 2005, described in Annex 2 below, which resulted in the decision to close NOPCh, were the result of some overreaction on both sides.

49. The matter has now been resolved.

Conclusion

50. It was apparent that the various officials I met were impressed by the fact that the representative of a prestigious organisation, armed with a formal letter of introduction, and dressed in a suit and tie, had travelled to Nizhny Novgorod to make investigations.

51. These state agencies, and, I suspect, all the others, now know that they are being watched closely from abroad as well as within Russia.

52. I am in no doubt that SRCF and NOPCh have been the subject of concerted interference and in some cases harassment by state agencies. Although each of the actions described above has been carried out in accordance with Russian law, the fact that investigations by three organs of the state have been commenced since the start of 2005 gives weight to my view.

53. It seems likely, as Mr Dmitrievsky told me, that these actions have been initiated or encouraged by the office of the President’s Representative in the Volga Federal Okrug, Mr Kirienko.

54. At the time of writing, the real threat to SRCF is the Audit by the Tax Inspectorate, and the wholly unreasonable demand for repayment and fine of over 1 m RR.

55. My recommendation is that this case is if necessary fought through all the relevant Russian instances. A close watch should be kept on the proceedings, both for violations of Article 6 (right to a fair trial) and Article 1 of Protocol 1 (right to private property.)

Professor Bill Bowring

27 June 2005

ANNEX 1

IHF: Continuing Persecution of the Russian-Chechen Friendship Society

Continuing Persecution of the “Russian-Chechen Friendship Society”

Its Partner Organisation “Nizhny Novgorod Human Rights Society” Closed Down

by Authorities

Vienna, 10 June 2005. The campaign of harassment and prosecution against Russian human rights NGOs dealing with Chechnya-issues continues. While the legal harassment against the Nizhny Novgorod-based Russian-Chechen Friendship Society (RCFS) is still ongoing, the Nizhny Novgorod Human Rights Society (NNHRS), with whom the RCFS jointly publishes the Pravozaschita newspaper, was ordered to halt its activities by the Ministry of Justice on 3 June 2005.

In 2005, a criminal investigation into some articles published in the Pravozaschita newspaper took and continues to take place, as well as checks by the tax authorities and moves by the Ministry of Justice to close down the organizations. This has been accompanied by a negative media coverage of the organizations’ activities in Nizhny Novgorod.

Additionally:

· In March 2005, the co-editor of Pravozaschita, Oksana Chelysheva, faced numerous threatening leaflets in her own neighborhood. The flyers contained slander, insult, and direct threats to Oksana Chelysheva in connection with her work at RCFS.

· In the night of 4 April 2005, unknown individuals robbed and also tried to set fire to a newspaper kiosk in Argun (Chechnya) belonging to RCSF correspondent Petimat Tokaeva.

· Since 22 April 2005, the “Volgatelecom” telephone company has been refusing to install telephone line in the new office of the Information Center at the RCFS that it rents together with NNHRS under far-fetched pretexts.

· On 3 June 2005, the accountant of the RCFS, Natalia Chernelevskaya, was called to the chief manager of the tax inspection of Nizhegorodsky district of Nizhny Novgorod who threatened her with imprisonment, making hints about the Khodorkovsky-case and reminding her about her little child. Then he made an attempt to persuade her to quit the job at the RCFS offering a better-paid job at their office.

Since 2000, there have been a number of cases of “disappearances” extrajudicial executions, and torture and ill-treatment of members and activists of the RCFS in the North Caucasus. The most recent was the killing of Aslan Davletukaev in January 2004.

The International Helsinki Federation for Human Rights condemns the targeting of human rights organizations’ activities as well as the individuals employed by them. We believe that the legal and bureaucratic pressure to which the Nizhny Novgorod Society for Human Rights, the Russian Chechen Friendship Society, and their joint newspaper Pravozaschita are intentionally implemented by the authorities of the Russian Federation to obstruct and hamper the activities of these organizations. The employees of both organizations are in serious danger.

The legal harassment of the Russian-Chechen Friendship Society

On 11 January 2005, a criminal investigation was opened against the RCFS. On 20 January 2005, a group of officers from the Federal Security Service (FSB) Burst into the organization’s office, seized documents and computers, and then “invited” the chair of the RCFS, Stas Dimitrievsky, to come to the local FSB office for questioning him. Although at that time the charges had not been formally brought against the RCFS, Dimitrievsky chose to abide the FSB request in order to avoid potential complications. Since then, board and staff members of the RCFS and the NNHRS, both in Nizhny Novgorod and Chechnya have been called in for questioning as witnesses by FSB officials, which was particularly intimidating to the correspondents in Chechnya, and some of them quit their affiliation with the RCFS.

The materials under investigation include an appeal by the late Chechen separatist leader Aslan Maskhadov to the European Parliament, published in the April-May 2004 edition of the Pravozaschita newspaper, calling for help in finding a peaceful settlement to the Chechen conflict, and an appeal in the March 2004 edition by Aslan Maskhadov's London-based envoy Akhmed Zakaev to the Russian people not to re-elect President Putin.

Later, the criminal case was reclassified. Instead of referring to article 280 of the Criminal Code of the Russian Federation (public calls to extremist activities) it now refers to article 282 (incitement of ethnic, racial or religious hatred or enmity). Due to that the case was transferred from the FSB to the prosecutor’s office as investigations under this article are under their jurisdiction. According to the investigator, a linguistic expert of the Ministry of Justice came to the conclusion that the texts in the newspaper contain statements that can be charged under article 282. However, he refused to acquaint Dimitrievsky with this conclusion, because “Dimitrievsky has not been charged yet” and thus according to the Code of Criminal Procedure has no right to get access to the statements of another “witness” in the case.

Additionally, the tax authorities conducted off-scheduled controls of the organization throughout 2005.

Parallel to that, on 8 April 2005, a civil court suit to close down the organization was initiated by the Federal Registration Service of the Ministry of Justice. The first hearing took place on 25 April 2005. The Suit is based on an audit of the RCFS, where documents were demanded that are not enlisted in the Law on Public Associations, as well as other documents that the Tax Police had taken with them on their visit. The acting head of the department in Nizhny Novgorod, E.V. Istomina, considered this to be a gross violation of the law, and brought a suit to close down the organization referring to article 63 of the Civil Code of the Russian Federation and article 25 of the Law on the State Registration of Juridical Persons and Individual Entrepeneurs.

The recent refusal of the telephone company to install a cable line for a new office of RCFS because of “unfavorable climate conditions” seriously impedes the activities of the RCFS.

The bank accounts of the RCFS were temporarily frozen by the authorities, and registered letters to the attention of official bodies were lost in the post office.

Closure of the “Nizhny Novgorod Society for Human Rights”

On 3 June 2005, the respected partner-organisation of the RCFS, the Nizhniy Novgorod Human Rights Society (NNHRS) learnt of an official decision to terminate its work. The decision of the Ministry of Justice to suspend the work of the NNHRS is allegedly based on the fact that it did not comply with the requirements to submit documentation of its work within the established deadline for inspection. However, the NNSHR leadership persist that they have observed all their legal obligations in this respect. A few weeks prior to the decision, on 19 April 2005, a court had found that the organization had not violated the administrative code in its correspondence with the registration chamber of the Ministry of Justice.

International Standards. Recommendations

With the persecution of the Russian-Chechen Friendship Society and the Nizhny Novgorod Human Rights Society the Russian government is in breach of its obligations under Article 12.2 of the United Nations Declaration on Human Rights Defenders (1) , which holds that:

The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.

Russian authorities have not only failed to “take all necessary measures to ensure the protection” of human rights defenders, but state officials themselves are the perpetrators.

The International Helsinki Federation for Human Rights recommends to the government of the Russian Federation:

· Stop persecution of human rights defenders involved with the crisis in Chechnya

· Investigate abuses against defenders and prosecute the perpetrators, as demanded by the Parliamentary Assembly of the Council of Europe’s Resolution 1323 (2003)

· Guarantee the security of witnesses and applicants to the European Court of Human Rights

· Grant unrestricted access to Chechnya to independent media and human rights monitors

· Start a meaningful cooperation with the Council of Europe, UN treaty bodies and special mechanisms, including the immediate issuing of an invitation to the Special Representative of the UN Secretary General on the situation of human rights defenders, Hina Jilani
 

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PRESS-RELEASE #1302 FROM MAY 26, 2005

REPORT FROM NIZHNI NOVGOROD

“Vogatelecom” discovered permafrost under Nizhny Novgorod

Nizhny Novgorod telephone company is impeding work of the Information Center at the Russian-Chechen Friendship Society

The “Volgatelecom” telephone company has been impeding work of the Information Center at the Russian-Chechen Friendship Society for more than a month. After the editorial office of the Information Center at the RCFS together with the Nizhny Novgorod Society for Human Rights moved from the third to the fifth floor in the same building on April 23, telephone company officials keep refusing to install the telephone line in the office under various pretexts. Today representatives of “Volgatelecom” stated that the pipe where the telephone cable is located is filled with ice that they claim will have melted by the middle of June at best. However, engineers are claiming that they will inject hot water into the frozen area. Meanwhile, the temperature in Nizhny Novgorod has not fallen lower than 25 degrees centigrade and sometimes it has been higher than 32 degrees centigrade the whole of last week.

The engineers and officials of the leading telephone company in Nizhny Novgorod have produced many reasons to explain the NNSHR and the RCFS that the problem of laying the telephone cable from the third to the fifth floor of the modern office building becomes insoluble due to numerous technical obstacles! It was necessary for them to convince us that they were doing what they could as both organizations had paid for their work long before. The company staffers could not find free connection in the switch box on the fifth floor. They even offered to pull in a cable from a neighboring building. When they drew the cable from the third floor at last, it turned out that the telephones of the human rights people were linked up to the damaged cable. It took engineers a long time to find the place of the cable break. They even stated that they had had to use some electronic devices to do it but it turned out that the cable break was in the manifold and that manifold was flooded with spring water. Then the human rights people had to listen to a story about their attempts to pump water out that lasted two days. After flooding the pipe under Admiral Vasyunin Street got frozen all of a sudden…We anticipate that the next misfortune that is sure to strike us will be fire. It will surely destroy all the cables in the area of the RCFS office once and for all.

These technological disasters are occurring simultaneously with other problems that the organization is experiencing right now. The prosecutor’s office of Nizhny Novgorod Region keep investigating the criminal case initiated in connection with the publications in the “Pravozaschita” newspaper which is jointly published by the NNSHR and the RCFS. The Main Registration department at the Ministry of Justice lodged a civil complaint to the court of Nizhny Novgorod Region demanding to close the organization down. The Tax inspection has been auditing the financial activities of the organization for three months. The prosecutor’s office of Kanavinsky district keeps unsuccessfully searching for people who threatened the editor of the Information Center Oksana Chelysheva. It’s hardly possible that such a great coincidence of unprosperous events is just a mere accident as in addition there have been some other impediments to our work including temporary freezing all the bank accounts of the RCFS last week and registered letters sent by the Information Center to official bodies that never reach their addressees. One might assume that it is a deliberate action of officials against inconvenient human rights organization. But such assumptions are considered extremist.

Meanwhile, it is clear that the Information Center at the RCFS can’t disseminate the collected information on time, communication with our reporters has become very complicated and the project of establishing an information agency based on the Information Center in being hindered due to the telephone company’s supposedly unsuccessful attempts to resolve the underground ice disaster. The editorial office is offering our apologies to all our readers in this connection. The editorial staff of the Information Center at the RCFS

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PRESS-RELEASE #1231  FROM APRIL 4, 2005

Report from NIZHNI NOVGOROD

The Nizhni Novgorod region prosecutor opens criminal case in connection with the threats against the editor of IC RCFS

March 30, 2005.  The Nizhni Novgorod prosecutor opened a criminal case in relation to the threats that were posted at the address of Oksana Chelysheva, editor of IC RCFS.  The letter announcing the opening of the case was received by Chelysheva’s relatives on April 2.  The letter states, “following the claim about criminal acts the Nizhni Novgorod prosecutor started an inquiry in accordance with article 144 of the Criminal Procedural Code of the Russian Federation, which has resulted in the opening of a criminal case by the regional deputy prosecutor, Stravinskasom V.V., on suspicion of crime in accordance with articles 129 and 130 of the Criminal Code of the Russian Federation”.

As reported earlier, on March 14, 2005, around 8 p.m., unknown individuals distributed flyers in the neighborhood of apartment buildings 12, 14, and 16 on Iyulskikh Dney street in Nizhni Novgorod. The flyers contained slander, insults, and direct threats directed to Oksana Anatol'evna Chelysheva, editor of the Information Center of the inter-regional non-governmental organization “Russian-Chechen Friendship Society” (see our press releases #1208 from March 15, 2005 and #1209 from march 15, 2005 and #1228 from March 30, 2005). The flyers were distributed in the mail boxes in the aforementioned apartment buildings, and were also posted by the entrances to the buildings. Chelysheva lives in one of these buildings. On march 15 Chelysheva and Dmitrievskiy brought a criminal complaint to the Nizhni Novgorod province prosecutor.

On March 22, 2005 the IC RCFS was informed by the representative of the prosecutor’s office that the statement was given to the prosecutor of the Leninskiy district in the city of Nizhni Novgorod as late as March 21 for investigation.

On March 29, 2005 the Leninskiy district prosecutor finally began the inquiry into the case of the threats at the address of Oksana Chelsyheva, which was submitted already on March 15.  Until then the prosecutor did not take any actions to investigate the facts of the case that were presented in the statement.

In the afternoon of that day the deputy prosecutor of the Leninskiy district, Olga Bochkova, called Stanislav Dmitrievskiy and said that he quickly needed to give his testimony.  An appointment was made for the morning of March 30.  However, in the evening (around 8 p.m.) on March 29 the deputy prosecutor went to see Dmitrievskiy in his mother’s apartment, explaining that the matter could not wait and took a written statement from him.

On the very same day, March 29, Chelysheva’s statement about the criminal acts committed against her was turned over to the prosecutor of the Kanavinskiy district in the city of Nizhni Novgorod, since the building where she lives is located in that district.  Chelysheva is presently on a business trip to Geneva, and her relatives were informed about the decision via a certificate letter from the Nizhni Novgorod prosecutor on April 1, 2005.  On the next day Chelysheva received a letter with the report of the opening of the criminal case from the Nizhni Novgorod region prosecutor.

According to the statement, the individuals guilty of distributing the flyers are at a minimum guilty of violating the law with respect to part 3, article 129 (slander associated with accusations of grave criminal acts), article 137 (violation of right to privacy), and article 213 (hooliganism) in the Criminal Code of the Russian Federation.

According to paragraph 1, article 140 in the criminal procedure code of the Russian Federation, “the examiner of any investigative agency, investigator, and prosecutor, are required to accept and review statements about any completed crime or criminal intent and… issue a decision within three days of the submittal of the statement”. According to paragraph 3 in the same article, “the prosecutor … has the right to … extend this period to 10 days providing the 1st paragraph is observed”. (Our corr.)

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PRESS-RELEASE #1228  FROM MARCH 30, 2005

Report from NIZHNI NOVGOROD

After 14 days the prosecutor finally begins investigation into the case of the threats against the editor of the IC RCFS

March 29, 2005.  The prosecutor in the Leninskiy district of the city of Nizhni Novgorod finally started investigating the statement about the threats against the editor of IC RCFS, Oksana Chelysheva, which was submitted already on March 15.  Until now all efforts by IC RCFS and Nizhni Novgorod media to gain information about how the work has proceeded have been fruitless, and the prosecutor have not undertaken any acts to look into the facts contained in the statement.

On March 29, 2005, in the afternoon, the deputy prosecutor of the Leninskiy district, Olga Bochkova, called Stanislav Dmitrievskiy and said that he quickly needed to give his testimony.  An appointment was made for the morning of March 30.  However, in the evening (around 8 p.m.) on March 29 the deputy prosecutor went to see Dmitrievskiy in his mother’s apartment, explaining that the matter could not wait and took a written statement from him. At the same time officers from the prosecutor’s office went to Oksana Chelysheva’s apartment but nobody except for her school-age daughter was there.  Chelysheva is presently in Geneva working with the United Nations Committee for Human Rights.

As reported earlier, on March 14, 2005, around 8 p.m., unknown individuals distributed flyers in the neighborhood of apartment buildings 12, 14, and 16 on Iyulskikh Dney street in Nizhni Novgorod.  The flyers contained slander, insults, and direct threats directed to Oksana Anatol’evna Chelysheva, editor of the Information Center of the inter-regional non-governmental organization “Russian-Chechen Friendship Society” (see our press releases #1208 from March 15, 2005 and #1209 from march 15, 2005).  The flyers were distributed in the mail boxes in the aforementioned apartment buildings, and were also posted by the entrances to the buildings.  Chelysheva lives in one of these buildings.  On march 15 Chelysheva and Dmitrievskiy brought a criminal complaint to the Nizhni Novgorod province prosecutor.  According to the statement, the individuals guilty of distributing the flyers are at a minimum guilty of violating the law with respect to part 3, article 129 (slander associated with
accusations of grave criminal acts), article 137 (violation of right to privacy), and article 213 (hooliganism) in the Criminal Code of the Russian Federation.

On March 22, 2005 the IC RCFS was informed by the representative of the prosecutor’s office that the statement was given to the prosecutor of the Leninskiy district in the city of Nizhni Novgorod as late as March 21 for investigation.

According to paragraph 1, article 140 in the criminal procedure code of the Russian Federation, “the examiner of any investigative agency, investigator, and prosecutor, are required to accept and review statements about any completed crime or criminal intent and… issue a decision within three days of the submittal of the statement”.  According to paragraph 3 in the same article, “the prosecutor … has the right to … extend this period to 10 days providing the 1st paragraph is observed”.

On the very same day, March 29, Chelysheva’s statement about the criminal acts committed against her was turned over to the prosecutor of the Kanavinskiy district in the city of Nizhni Novgorod, since the building where she lives is located in that district.  Chelysheva is presently on a business trip to Geneva, and her relatives were informed about the decision via a certificate letter from the Nizhni Novgorod prosecutor on April 1, 2005.  On the next day Chelysheva received a letter with the report of the opening of the criminal case from the Nizhni Novgorod region prosecutor.

According to the statement, the individuals guilty of distributing the flyers are at a minimum guilty of violating the law with respect to part 3, article 129 (slander associated with accusations of grave criminal acts), article 137 (violation of right to privacy), and article 213 (hooliganism) in the Criminal Code of the Russian Federation.

According to paragraph 1, article 140 in the criminal procedure code of the Russian Federation, “the examiner of any investigative agency, investigator, and prosecutor, are required to accept and review statements about any completed crime or criminal intent and… issue a decision within three days of the submittal of the statement”. According to paragraph 3 in the same article, “the prosecutor … has the right to … extend this period to 10 days providing the 1st paragraph is observed”. (Our corr.)

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PRESS-RELEASE #1216  FROM MARCH 22, 2005

Report from Nizhny Novgorod

No criminal case as of yet opened in relation to the threats against Oksana Chelysheva

March 22, 2005. Representatives from the Nizhni Novgorod province prosecutor's office today informed the IC RCFS that they have as of yet not opened a criminal case in relation to the threats that were issued against Oksana Chelysheva on March 14, 2005. The complaint, which was brought to the prosecutor on March 15 by Chelysheva and editor in chief Stanislav Dmitrievskiy, was directed for review to the jurisdiction of the prosecutor in the Leninskiy district in Nizhni Novgorod yesterday.

As reported earlier, on March 14, 2005, around 8 p.m., unknown individuals distributed flyers in the neighborhood of apartment buildings 12, 14, and 16 on Iyulskikh Dney street in Nizhni Novgorod. The flyers contained slander, insults, and direct threats directed to Oksana Anatol'evna Chelysheva, editor of the Information Center of the inter-regional non-governmental organization “Russian-Chechen Friendship Society” (see our press releases #1208 from March 15, 2005 and #1209 from march 15, 2005). The flyers were distributed in the mail boxes in the aforementioned apartment buildings, and were also posted by the entrances to the buildings. Chelysheva lives in one of these buildings. On march 15 Chelysheva and Dmitrievskiy brought a criminal complaint to the Nizhni Novgorod province prosecutor. According to the statement, the individuals guilty of distributing the flyers are at a minimum guilty of violating the law with respect to part 3, article 129 (slander associated with
accusations of grave criminal acts), article 137 (violation of right to privacy), and article 213 (hooliganism) in the Criminal Code of the Russian Federation.

According to paragraph 1, article 140 in the criminal procedure code of the Russian Federation, “the examiner of any investigative agency, investigator, and prosecutor, are required to accept and review statements about any completed crime or criminal intent and… issue a decision within three days of the submittal of the statement”. According to paragraph 3 in the same article, “the prosecutor … has the right to … extend this period to 10 days providing the 1st paragraph is observed”.

Editor in chief Stanislav Dmitrievskiy

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PRESS-RELEASE #1209  FROM MARCH 15, 2005

Threats to Oksana Chelysheva - Provocations in the Sinister Traditions of the KGB

STATEMENT FROM THE EDITOR IN CHIEF OF THE RUSSIAN-CHECHEN FRIENDSHIP SOCIETY

Yesterday in Nizhni Novgorod, in the neighborhood where Oksana Chelysheva, editor of the Information Center for the Russian-Chechen Friendship Society, lives, flyers with dirty slander, insults, and personal threats directed at Chelysheva, where distributed in the mailboxes and posted on the entrance ways (the full text of the flyer in our press release #1208 from March 15, 2005). The flyer, which was signed by a certain “Young Patriotic Front”, also included the address where Chelysheva lives.

Regarding this, the Russian-Chechen Friendship Society deems it necessary to state that it considers the latest provocation, which follows completely in the sinister traditions of the KGB, to be the latest step in the persecution of our organization. The pressure is being brought by organs of the Russian state with the aim of destroying the organization. We have no doubt that there is only one goal behind the criminal case against the RCFS publication “Pravo-Zashchita”, investigated by the FSB, the audits of our organization by the tax inspector and the department of justice, a wave of slanderous news broadcasts and articles in the Nizhni Novgorod media, and, finally, the attempt to intimidate one of our editors. We also have no doubt that all these acts are directed from one center, where the specters of Dzerzhinsk, Beria, and Andropov loom large. And it is of no significance whether the leaflets with the threats against Chelysheva where printed at the local FSB building or if their half-brained author, hiding behind the name of an unknown organization, was only inspired by the Chekist-prosecutor's televised products, whose muddy stream has filled the Nizhni Novgorod TV stations. We emphasize that the source of this squalid attempt, whether indirectly or directly linked to the state, its propagandists, or the power structure, reeks of Chekism. It is indicative that the earlier attempts to destroy the organization have gained renewed strength at this very time when RCFS have begun the work of establishing a professional information agency, which specializes in covering human rights issues in Chechnya. The present power in the Kremlin is engaged in a battle with truth, a battle to the death. And in its effort to silence the supporters of peace it is ready to go very far.

At the same time by resorting to such squalid and vulgar methods of pressure our opponents appear as hysterics. It is obvious that our organization's chosen strategy of openness and strict adherence to the law is making the secret agents furious. They prefer to operate in the dark, to hide behind non-existing “patriots”, and to appeal to the fears and primitive instincts of the masses. They are people, who in the words of Christ, “choose darkness over light, because they have done evil” (John 3:19-21).

Editor in chief of IC RCFS Stanislav Dmitrievskiy

The opinion of the author does not necessarily reflect the position of the organization

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PRESS-RELEASE #1208  FROM MARCH 15, 2005

URGENT REPORT

Editor of IC RCFS Oksana Chelysheva subjected to personal threats

On March 14, 2005, around 8 p.m. in the area around apartment buildings 12, 14, and 16 on Iyulskikh Dney street in the city of Nizhni Novgorod, unknown individuals distributed flyers, which contained slanderous claims, insults, and direct threats, and which displayed the address of Oksana Anatol'evna Chelysheva, editor of the Information Center of the inter-regional non-governmental organization “Russian-Chechen Friendship Society”. The flyers, which were printed on thin, yellowed paper in A4 format were distributed in the mailboxes of residents in apartment buildings 12, 14, and 16 on Iyulskikh Dney street, and were also posted with tape on the doorways of the apartment buildings. Chelisheva lives in one of the aforementioned buildings.

The text of the flyer reads as follows: “Young Patriotic Front (A.P. Ivanov) Dear fellow citizens! The whole world has tired of terrorists, parents fear for their children. Our country is suffering one tragedy after another, our sons and daughters are perishing; the young generation which is the future of our country. But there are “beasts” among us that are profiting from the tragedies brought on the majority, from the enormous and unique grief any person feels who loses near ones. These people live among us, they look like regular law-abiding citizens, but support terrorist activities carried out by Chechen rebels, receive money from them and offer them all kinds of help. One of them live among you, “Chechen whore” OKSANA CHELYSHEVA (here follows the address of Oksana Chelysheva) She is shameful and contemptible! We are ready to fight her”

Today after 2 p.m. Oksana Chelysheva and Executive director of RCFS Stanislav Dmitrievskiy will submit a complaint to the Nizhni Novgorod region prosecutor. In the complaint the human rights activists state:

“We consider the individuals who printed and distributed the present flyer to have, at a minimum, committed crimes in accordance with paragraph 3, article 129 in the Criminal Code of the Russian Federation (slander associated with accusations of completely and fundamentally grave criminal acts), article 137 in the Criminal Code of the Russian Federation (violation of right to privacy), and article 213 in the Criminal Code (hooliganism).

We also believe that this act was committed with the aim to hinder the legal activities of the inter-regional non-governmental organization “Russian-Chechen Friendship Society” by intimidating one of its leaders. In light of the case brought by the regional prosecutor on January 11 in relation to the publication in the paper “Pravo-Zashchito” of two appeals made by Aslan Maskhadov and Akhmed Zakaev for peaceful negotiations in the Russian-Chechen conflict; and in light of the audit of our organization, carried out by the tax inspector and the administrative head of the ministry of justice in the Nizhni Novgorod region, we have reasons to believe that the distribution of this flyer is part of a general scheme to impede the organization's activities realized by the governmental agencies of the Russian state.

Oksana Chelysheva's address was known only by a limited number of people, including officials from the Federal Security Service in Nizhni Novgorod region who seized documents from the office of Russian-Chechen Friendship Society on January 20, 2005. We thus have reasons to assume that these criminal acts were committed by individuals with connections to the Nizhni Novgorod FSB.

The human rights activists intend to ask the prosecutor to open a criminal case based on these facts. At the same time, in Stanislav Dmitrievskiy's view, “there is little hope that this case will be investigated or the perpetrators found”.

As has been reported earlier, on January 11, 2005, the Nizhni Novgorod province prosecutor opened a criminal case based on the second paragraph, article 280 in the Criminal Code of the Russian Federation (public incitement to carry out acts of extremism) regarding the publication in the paper "Pravo-Zashchita" of two statements by Aslan Maskhadov and Akmed Zakaev appealing for peaceful negotiations in the Russian-Chechen conflict. The investigation is being conducted by the Nizhni Novgorod province FSB. "Pravo-Zashchita" is jointly published by IC RCFS and the Nizhny Novgorod Society for Human Rights. On January 20 the editor in chief of the publication Stanislav Dmitrievskiy was called as a witness in the case, and documents were seized in the joint offices of the two organizations, in particular the employee contracts of people working in Chechnya. In the past days the FSB has interrogated a number of other workers at IC RCFS. Earlier, since March 1, the FSB have called for questioning present and former workers for the information center; namely Khedi Idalova, Minkail Ezhiev, Kilab Ezhiev, Zurani Kuzumova (Grozniy FSB), Vokazu Khalitov (Gudermesskiy FSB), and Zelimkhan Islamov (Shalinskiy FSB) and Petimat Tokaeva (Achkhoy-Martanovskiy FSB). In March the tax inspector and the administrative head of the ministry of justice in the Nizhni Novgorod region simultaneously initiated audits of the activities of RCFS. The justice department audited the organization in July 2004 and did then not find any violations of the law.

Editor in Chief Stanislav Dmitrievskiy Editor of this edition Oksana Chelysheva

See the scanned image of the leaflet at: http://friendly.narod.ru/2005-1e/info1208e.htm

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INFORMATION CENTER OF THE RUSSIAN-CHECHEN FRIENDSHIP SOCIETY

Press Release No. 1205 from March 13, 2005

FSB interrogates Chechen correspondents from IC RCFS Police operation under way in the village Novye Atagi

Report from the Chechen Republic

Achkhoy-Martan district

FSB interrogates Chechen correspondents from IC RCFS

March 13, 2005.  A reporter from the IC RCFS, Petimat Tokaeva, was questioned by the regional FSB of the Achkhoy-Martan district as witness in the case against the newspaper "Pravo'Zashchita".  The interrogation, which lasted for about forty minutes, was carried out by Major Konovalov.  Tokaeva was asked questions regarding her work for the information center of the Russian-Chechen Friendship Society and the nature of her relationship with the editor in chief of the center and the publication "Pravo-Zashchitao" Stanislav Dmitrievskiy.

Earlier, since March 1, the FSB have called for questioning present and former workers for the information center; namely Khedi Idalova, Minkail Ezhiev, Kilab Ezhiev, Zurani Kuzumova (Grozniy FSB), Vokazu Khalitov (Gudermesskiy FSB), and Zelimkhan Islamov (Shalinskiy FSB).

As has been reported earlier, on January 11, 2005, the Nizhni Novgorod province prosecutor opened a criminal case based on the second paragraph, article 280 in the Criminal Code of the Russian Federation (public incitement to carry out acts of extremism) regarding the publication in the paper "Pravo-Zashchita" of two statements by Aslan Maskhadov and Akmed Zakaev appealing for peaceful negotiations in the Russian-Chechen conflict.  The investigation is being conducted by the Nizhni Novgorod province FSB.  "Pravo-Zashchita" is jointly published by IC RCFS and the Nizhny Novgorod Society for Human Rights.  On January 20 the editor in chief of the publication Stanislav Dmitrievskiy was called as a witness in the case, and documents were seized in the joint offices of the two organizations, in particular the employee contracts of people working in Chechnya.  In the past days the FSB has interrogated a number of other workers at IC RCFS.

[...]

Editor in chief Stanislav Dmitrievskiy Editor of this publication Oksana Chelysheva

The publication of this issue was made possible by the support of the National Endowment for Democracy within the framework of the program "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1149 from February 9, 2005

Report from Nizhny Novgorod

English language editor of IC RCFS interrogated

Today Roman Putanov, acting investigator in the Nizhni Novgorod Province FSB investigation of the newspaper "Pravo-Zashchita," called Oksana Chelysheva, editor of the English versions of the information releases, as a witness.

Account by Oksana Chelysheva:

"The interrogation began as an inquiry into the reach and the scope of the English version editor's responsibility.  Mr. Putanov received the following explanation:  In the first instance, the editor is responsible for the translation of releases of information into English, and for maintaining contact with foreign partners and recipients of information.  In addition, the editor's work is within the framework of the information center, and may also include work in the capacity of a journalist, since the information center regularly publishes articles and interviews which are prepared by the English version editor for the website, and also for the newspaper "Pravo-Zashchita."  In the question about the subject matter of the publications, two articles and two interviews published in the paper "Pravo-Zashchita" in 2003 and 2004 were used as examples.  These were, specifically, interviews with the Chechen poet Umar Yarichevand and Manash Paysullaevoy, director of studies of a boarding school for deaf children in the republic, a publication about an initiative to bring children from that very school to pass a rehabilitation course in a school in Nizhny Novgorod, and the article "Okraina" (Outskirts) that presents an account of the fate of some residents in Grozny; the Pagulyaevy family.  The questions also touched on the presence of orders and directives regarding the make up of the newspaper associates, the nature of the relationship between me and the editor in the chief of the Information Center, as well as on the general work environment at the newspaper.

Then followed a discussion about my business trips in the capacity of editor of the Information Center of the Chechen Republic; the amount of trips and their duration. Regarding the last business trip to the Chechen Republic, which took place in January 2005, the investigator was particularly interested in the routes of my travels in Chechnya, the correspondents and the level of my acquaintance with them, and also about the access to "means of checking the authorship of given information."  To this question, I answered that authorship is established in a very simple manner - the correspondents call the editorial office and give the accurate information.  Regarding checking the accuracy of the information, this has nothing to do with establishing authorship.  When the investigator Putanov asked if I knew who wrote the texts that allegedly incriminate the newspaper "Pravo-Zashchita," I answered that I did not know.  Putanov was interested in knowing whether I was familiar with the texts of the relevant statements, and what my opinion was regarding the degree of extremism in, and the purpose of, the publication.  I answered that I had not noted the statements, which were read to me after the release of these issues, nor had I noted any call for violent acts.  Regarding the goal of the publication, I consider any attempt to advance the establishment of peace to be welcome, because "I have tired of the war."  Putanov asked me if I really believe that the newspaper advances the establishment of peace.  I explained that I would not want to discuss possibilities that may not come true.  The investigator was also interested in the recipients of the postal distribution of the newspaper "Pravo-Zashchita," in particular in the Northern Caucasus.

The investigator then put forth questions about my international business trips, about their purposes and lengths of stay.  He also asked me if I had met with Akhmad Zakayev or with the "self-proclaimed president of the Chechen Republic Ichkeria" Aslan Maskhadov.  To this question I responded that no such meetings had taken place.  Then he asked about the interview I conducted with Zakayev.  Following the advice of my lawyer I refused to answer the question, in accordance with article 51 in the Constitution of the Russian Federation.

As reported earlier, on January 11, 2005, the prosecutor of the Nizhni Novgorod Province opened a criminal case based on part 2, article 280 in the Criminal Code of the Russian Federation (public incitement to further extremist acts) in regards to the publication in the newspaper "Pravo-Zashchita" of two appeals, made by Aslan Maskhadov and Akhmed Zakayev, to peaceful negotiations in the conflict.  The investigation is conducted by the Nizhny Novgorod province branch of the FSB.  "Pravo-Zashchita" is jointly published by the Information Center of the Society for Russian Friendship and the Nizhny Nogorod Society for Human Rights.  On January 20 the editor in chief of the newspaper, Stanislav Dmitrievskiy, was called to questioning as a witness in the investigation, and documents were seized in the shared offices of SRCF and NNHRS, specifically the employee contracts of the associates working in Chechnya.  In the past few days the police has interrogated a number of other employees of
the IC SRCF.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1133 from February 3, 2005

Report from Nizhny Novgorod

FSB interrogates another rights activist in the investigation of "Pravo-Zashchita"

February 3, 2005.  Today in the so-called case against the newspaper "Pravo-Zashchita" the appointed investigator from FSB of the Nizhny Novgorod province, Roman Putanov, called yet another member of the Nizhny Novgorod Society for Human Rights (NSHR), Olga Shelepeva, for questioning.  While Olga Shelepeva was an official member of the organization until November last year, she did not participate in the organization's activities.  She has lived in Moscow for over a year, working at the human rights center "Demos."  Nevertheless, in accordance with the editorial contract she is still officially a member of the editorial staff, and her name appears in present issues of the paper. Because of these circumstances she was called to questioning.

As has been reported earlier, on January 11, 2005, the Nizhny Novgorod Province prosecutor opened a criminal case regarding part 2, article 280 in the Criminal Code of the Russian Federation (public incitement to further extremist acts) based on the publication of two appeals made by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations in the Chechen conflict.  The investigation is carried out by the Nizhny Novgorod province FSB department. "Pravo-Zashchita" is jointly published by IC SRCF and Nizhny Novgorod Society for Human Rights.  On January 20, Stanislav Dmitrievskiy, editor in chief of the paper, was called for questioning in the case, and documents were seized in the shared offices of IC SRCF and NSHR, specifically the employee contracts of associates working in Chechnya.  In the past few days the FSB has called into questioning the editor of the Russian language version of information releases Tatyana Banina, technological manager Aleksander Lavrentov, accountant
Natalya Chernilevskaya, and former accountant Aleksei Grafov (see our press releases  #1103 from January 21, 2005; #1105 from January 21, 2005; #1109 from January 24, 2005; #1117 from January 27, 2005; and #1119 from January 28, 2005).

The editor in chief of the paper and of IC SRCF, Stanislav Dmitrievsky, calls the prosecutor's allegations unsubstantiated, absurd and politically motivated.  He considers the acts by the Nizhny Novgorod province prosecutor and the local FSB to be another attack by the authorities on independent media, and yet another part in the information blockade around the Chechen Republic.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1119 from January 28, 2005

Report from Nizhny Novgorod

The local FSB questions the head of Nizhny Novgorod Society for Human Rights

January 28, 2005.  Today the FSB of Nizhny Novgord province called Viktor Gurskiy, head of Nizhny Novgorod Society for Human Rights (NSHR), for questioning.  The investigator's questions touched on the editorial work of the NSHR newspaper "Pravo-Zashchita."  Gurskiy insisted that the investigator enter into the protocol a human rights activist petition, which listed a number of violations of civil rights committed by the province prosecutor and the FSB.  The appointed investigator in the case, Roman Putanov, refused for an hour to accept the petition, and did so only after Gurskiy when signing the document indicated his responsibility for it.

As has been reported earlier, on January 11, 2005, the Nizhny Novgorod Province prosecutor opened a criminal case regarding part 2, article 280 in the Criminal Code of the Russian Federation (public incitement to further extremist acts) based on the publication of two appeals made by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations in the Chechen conflict.  The investigation is carried out by the Nizhny Novgorod province FSB department. "Pravo-Zashchita" is jointly published by IC SRCF and Nizhny Novgorod Society for Human Rights.  On January 20, Stanislav Dmitrievskiy, editor in chief of the paper, was called for questioning in the case, and documents were seized in the shared offices of IC SRCF and NSHR, specifically the employee contracts of associates working in Chechnya.  In the past few days the FSB has called into questioning the editor of the Russian language version of information releases Tatyana Banina, technological manager Aleksander Lavrentov, accountant
Natalya Chernilevskaya, and former accountant Aleksei Grafov (see our press releases  #1103 from January 21, 2005; #1105 from January 21, 2005; #1109 from January 24, 2005; and #1117 from January 27, 2005).

Following is the text of Viktor Gurskiy's statement.

STATEMENT

The prosecutor of Nizhny Novgorod Province and the FSB violate human rights

 The prosecutor of Nizhny Novgorod Province and the FSB, in carrying out an administrative order in the spirit of the political climate of the past few years, are engaging in political persecution of ideological diversity, and of freedom of expression and thought.  The acts of the prosecutor and the FSB are meant to intimidate human rights activists who defend fundamental human rights and freedoms.  In spite of the presence in the country of real threats of criminal character to safety in the social sphere, which these organs are incapable of managing, they attempt to invent fictional enemies, and turn this into regular practice.

I wish to remind the officers, that they are personally responsible for any human rights violations.

The acts of the Nizhny Novgorod province prosecutor and the FSB violate:

Constitution of the Russian Federation

Article 13

1. In the Russian Federation ideological diversity shall be recognized.

2. No ideology may be established as state or obligatory one.

3. In the Russian Federation political diversity and multi-party system shall be recognized.

4. Public associations shall be equal before the law.

5. The creation and activities of public associations whose aims and actions are aimed at a forced change of the fundamental principles of the constitutional system and at violating the integrity of the Russian Federation, at undermining its security, at setting up armed units, and at instigating social, racial, national and religious strife shall be prohibited.

Article 29

1. Everyone shall be guaranteed the freedom of ideas and speech.

2. The propaganda or agitation instigating social, racial, national or religious hatred and strife shall not be allowed. The propaganda of social, racial, national, religious or linguistic supremacy shall be banned.

3. No one may be forced to express his views and convictions or to reject them.

4. Everyone shall have the right to freely look for, receive, transmit, produce and distribute information by any legal way. The list of data comprising state secrets shall be determined by a federal law.

5. The freedom of mass communication shall be guaranteed. Censorship shall be banned.

The Universal Declaration of Human Rights

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

The European Convention on Human Rights

Article 10

1.      Everyone has the right to freedom of expression. this right  shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States  from requiring the licensing of broadcasting, television or cinema enterprises.

2.       The exercise of these freedoms, since it carries with it duties  and responsibilities, may be subject to such formalities,  conditions, restrictions or penalties as are prescribed by law and  are necessary in a democratic society, in the interests of national  security, territorial integrity or public safety, for the  prevention of disorder or crime, for the protection of health or  morals, for the protection of the reputation or the rights of  others, for preventing the disclosure of information received in  confidence, or for maintaining the authority and impartiality of  the judiciary.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1117 from January 27, 2005

Report from Nizhny Novgorod

FSB continues interrogations of human rights activists

The FSB of the Nizhny Novgorod province intends to question two more human rights activists tomorrow.  This time the head of the Nizhny Novgorod Society for Human Rights (NSHR) Viktor Gurskiy, and Dmitri Nikulin, who was a member of NSHR until 2004, have been summoned.  Neither one has been an active member in the Society for Russian-Chechen Friendship.  They will be interrogated as witnesses in the so-called case against the newspaper "Pravo-Zashchita."  The FSB is also attempting to locate another member who is listed in the charter of NSHR, Olga Shelepeva, who already has been living in Moscow for a year working at the human rights center "Demos."

As has been reported earlier, on January 11, 2005, the Nizhny Novgorod Province prosecutor opened a criminal case regarding part 2, article 280 in the Criminal Code of the Russian Federation (public incitement to further extremist acts) based on the publication of two appeals made by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations in the Chechen conflict.  The investigation is carried out by the Nizhny Novgorod province FSB department. "Pravo-Zashchita" is jointly published by IC SRCF and Nizhny Novgorod Society for Human Rights.  On January 20, Stanislav Dmitrievskiy, editor in chief of the paper, was called for questioning in the case, and documents were seized in the shared offices of IC SRCF and NSHR, specifically the employee contracts of associates working in Chechnya.  In the past few days the FSB has called into questioning the editor of the Russian language version of information releases Tatyana Banina, technological manager Aleksander Lavrentov, accountant
Natalya Chernilevskaya, and former accountant Aleksei Grafov (see our press releases  #1103 from January 21, 2005; #1105 from January 21, 2005; and #1109 from January 24, 2005).

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1112 from January 25, 2005

Report from Nizhny Novgorod

The interrogations of SRCF employees continue

January 25, 2005.  Today the FSB of Nizhny Novgorod province questioned yet another two people in the case against the newspaper "Pravo-Zashchita" - the technical manager of the Information Center of the Society for Russian-Chechen Friendship Aleksander Lavrentov, and the organization's former accountant Alexei Grafov, who worked for the organization from the year 2000 until October 2004.

As has been reported earlier, on January 11, 2005, the Nizhny Novgorod Province prosecutor opened a criminal case regarding part 2, article 280, in the Criminal Code of the Russian Federation (public incitement to further extremist acts) based on the publication of two appeals made by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations in the Chechen conflict.  The investigation is carried out by the Nizhny Novgorod province FSB department. "Pravo-Zashchita" is jointly published by IC SRCF and Nizhny Novgorod Society for Human Rights.  On Thursday Stanislav Dmitrievskiy, editor in chief of the paper, was called for questioning in the case, and documents were seized in the shared offices of IC SRCF and NSHR, specifically the employee contracts of associates working in Chechnya (see our press releases  #1103 from January 21, 2005; #1105 from January 21, 2005).  Yesterday the editor of the Russian language version of information releases Tatyana Banina, and accountant Natalya
Chernilevskaya were also called in for questioning.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1109 from January 24, 2005

Report from Nizhny Novgorod

FSB continues interrogations of employees of the Society for Russian Chechen Friendship

January 24, 2005.  Today the FSB of Nizhny Novgorod province questioned yet another two people in the case against the newspaper "Pravo-Zashchita" - the editor of the Russian version of the information releases Tatyana Banina, and accountant Natalia Chernilevskaya.  Lawyer Yuriy Sidorov, from the Nizhny Novgorod regional public organization "Committee Against Torture, was present during the questioning, representing SRCF.  The legal representation in the case is being funded by the Russian foundation "Public Verdict."

The employees were asked questions similar to those put earlier to the editor in chief of the paper, Stanislav Dmitrievsky.  However, all those questioned have been very suspicious of the interest that Putanov, appointed investigator in the FSB case, has shown in not only the personal information about present employees, but also in those who have previously worked as correspondents in Chechnya.  He also asked whether the correspondents might have received incrimination materials directly linked to Aslan Maskhadov.  The investigators were interested in what Chernilevskaya's and Banina's relationships were to the editor in chief, and also in conflicts in the workplace.

Today in the lobby of the FSB building security guards destroyed the film in the camera of Natalia Chernova, correspondent from Novaya Gazeta who was in the city from Moscow to cover the events related to the case against the newspaper "Pravo-Zashchita."

Tomorrow the organization's former accountant Aleksei Grafov and technical manager Aleksander Lavrentov will be called for questioning.  Dmitrievsky figures that at the very least, the FSB will attempt to intimidate reporters and other associates of the information center who live in the territory of the Chechen Republic and who appear to be ethnic Chechens.

Stanislav Dmitrievsky, editor in chief of IC SRCF and the newspaper "Pravo-Zashchita," believes that one of the reasons the case was opened appears to be an attempt to hinder the work of the information center and its plans to create an information agency in February.

As has been reported earlier, on January 11, 2005, the Nizhny Novgorod Province prosecutor opened a criminal case regarding part 2, article 280, in the Criminal Code of the Russian Federation (public incitement to further extremist acts) based on the publication of two appeals made by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations in the Chechen conflict.  The investigation is carried out by the Nizhny Novgorod province FSB department. "Pravo-Zashchita" is jointly published by IC SRCF and Nizhny Novgorod Society for Human Rights.  On Thursday Stanislav Dmitrievsky, editor in chief of the paper, was called for questioning in the case, and documents were seized in the shared offices of IC SRCF and NSHR, specifically the employee contracts of associates working in Chechnya (see our press releases  #1103 from January 21, 2005; #1105 from January 21, 2005).

In the picture: Stanislav Dmitrievsky, Natalia Chernilevskaya, and the head of the Committee Against Torture Igor Kalyapin, by the entrance to the FSB building in the Nizhny Novgorod province.  Jan 24, 2005, 9 a.m.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR THE RUSSIAN-CHECHEN FRIENDSHIP

Press release No. 1105 from January 21, 2005

THE PROSECUTOR AND THE FSB HAS EVALUATED OUR WORK WE WILL PERSEVERE

Statement from the editorial board of the Information Center of the inter-regional public organization "Society for Russian-Chechen Friendship"


Yesterday it became known that the Nizhny Novgorod province prosecutor opened a criminal case regarding the publication of appeals by Aslan Maskhadov and Akhmed Zakayev for peaceful negotiations, and recognitions of genocide of the Chechen people, in the newspaper "Pravo-Zashchita," in reference to article 280 in the Criminal Code of the Russian Federation ("public incitement to forcibly undermine the constitutional order").  Today and yesterday a number of people with connections to the publication of the newspaper were called for questioning by the Nizhny Novgorod province FSB, which is conducting the investigation of the case. "Pravo-Zashchita" is jointly published by the Society for Russian-Chechen Friendship and the Nizhny Novgorod Society for Human Rights.  The newspaper regularly publishes material dedicated to the human rights situation in Chechnya, from the perspective of peaceful settlement of the conflict.

In accordance with article 19 in the Universal Declaration of Human Rights, "Everyone has the right… to seek, receive and impart information and ideas through any media and regardless of frontiers."  Article 29 or the Russian Constitution also guarantees the right to "freely look for, receive, transmit, produce and distribute information by any legal way," as long as it does not incite social, racial, or national conflict or regional hostility, and does not constitute national secrets.  We are pursuing, and we will continue to pursue these sacred rights.

One of the tragic aspects of the bloody conflict in Chechnya is the information blockade that has been established by the Russian authorities.  It is precisely this blockade that enables hiding the large-scale tragedies in Chechnya from the international community, and it also blocks the efforts of good people with the willingness to put an end to the bloody madness.  The blockade in combination with lawlessness enables corrupt officers to perpetrate monstrous crimes against the citizens, and further gives rise to retaliatory attacks by merciless terrorists on the peaceful citizens of Russia.  The blockade enables president Putin to continue deluding the world community, and claim that the war in Chechnya ended a long time ago.  The blockade enables the spread to the entire Russian territory of methods used by the federal authorities, which reinforce the authoritarian tendencies in the country and realize the deconstruction of democratic achievements.  The blockade serves the purposes of those world leaders of who prefer not to notice the tragedy, and practically abandons the Chechen people face to face with genocide, and the Russians to the creeping antidemocratic revolution.

Accordingly we, the members of the Society for Russian-Chechen Friendship, together with other human rights organizations in Russia, are doing, and will continue to do, everything possible to break this shameful wall of silence around Chechnya.

We do not believe the Russian citizens are fools.  We therefore assume that they have the right to know the official perspective of both sides in the armed conflict - that of the Russian government as well as that of the unrecognized government of the Chechen Republic Ichkeria.  They have the right to be given an independent evaluation and to know when there is talk of proposals for peaceful negotiations of the crisis.  Unfortunately, the Putin regime, which has instilled the notorious concept of "vertical power" in the very bones of fellow citizens, is not interested in such proposals.  This is again confirmed by the absurd decision by the prosecutor and the FSB to appeal to the world to consider "public incitement to forcefully interfere with the constitutional order of the Russian Federation."  "I offer the Russian people my hand for peace instead of what their president has to offer.  Nobody needs this war - nobody on the right, on the left, poor or rich - except for him.  Vladimir Putin did not leave the Chechen people any choice.  But you have a choice, you can still choose peace, and cast your vote against Putin in March, 2004."  Precisely this text, written by Akhmed Zakayev, along with another one, incriminated us as undermining the foundations of the constitution.  Yes, we agree that we try to undermine.  But not the constitution - we try to undermine the unleashing of a criminally conducted war, the undivided power that is steeped in the blood of the politically disenfranchised, and the attempt to take away our hard-won freedom.

We are, however, also thankful to the prosecutor and the FSB.  Absurd accusations hurled at us by Chekists and prosecutors, is a sign that we are on the path of justice. To a certain degree it indicates our merits, in more solemn terms, of suffering for the fatherland.  To be subjected to political persecution in contemporary Russia is a great honor for a decent-minded person.  We are pleased to have found ourselves in the company of such worthy individuals as Yuriy Samodurov, Mikhail Trepashkin, Mikhail Khodorkovskiy, Aleksander Nikitin…

And so we impatiently await the presentation of the accusations, and continue to persist in our cause.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR RUSSIAN-CHECHEN FRIENDSHIP

Press Release No. 1103 from January 21, 2005

Case regarding publications in the newspaper "Pravo-Zashchita" based on article 280 in the Criminal Code of the Russian Federation - "public incitement to forcefully change the constitutional order of the Russian Federation"

January 21, 2005.  Case regarding publications in the newspaper "Pravo-Zashchita" based on article 280 in the Criminal Code of the Russian Federation - "public incitement to forcefully change the constitutional order of the Russian Federation".  The FSB of Nizhny Novgorod Province made a public announcement of the case to correspondents from the Nizhny Novgorod Telegraph Agency.  Part two of this article, which defines the perpetration of the unlawful use of mass media, provides for a punishment of up to five years in  prison.

Also, today Nina Tagankina, former head of the Nizhny Novgorod Society for Human Rights, was called for questioning by the Nizhny Novgorod FSB.  The newspaper "Pravo-Zashchita" is jointly published by the Society for Russian-Chechen Friendship and the Nizhny Novgorod Society for Human Rights. On Monday the FSB intends to also call for questioning the editor of the Russian version of the information releases Tatyana Banina, and the organization's accountant Natalia
Chernylevskaya.

As has been reported earlier, on January 20, 2005, at 2 p.m. the editor in chief of the Information Center of the Society for Russian-Chechen Friendship, Stanislav Dmitrievsky, was called for questioning by the FSB, to testify in the criminal case opened by the Nizhny Novgorod prosecutor.  During questioning, Dmitrievsky was asked about the work of the IC SRCF, in particular regarding the newspaper "Pravo-Zashchita".  The Nizhny Novgorod FSB appointed investigator paid special attention to the publication in the paper of statements by Aslan Maskhadov and Akhmed Zakayev in which they make appeals for peaceful settlement of the Russian-Chechen conflict.  Then documents were confiscated in the SRCF office, in particular all the employee contracts of the reporters who live and work in Chechnya, containing their addresses and personal information (see our press release #1102 from January 20, 2005).

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership"

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INFORMATION CENTER OF THE SOCIETY FOR RUSSIAN-CHECHEN FRIENDSHIP

Press Release No. 1102 from January 20, 2005

URGENT ANNOUNCEMENT

THE EDITOR IN CHIEF OF IC SRCF QUESTIONED BY THE FSB, DOCUMENTS SEIZED AT THE OFFICES OF SOCIETY FOR RUSSION-CHECHEN FRIENDSHIP

Today, January 20, 2005, at 2 p.m. the editor in chief of the Information Center of the Society for Russian-Chechen Friendship, Stanislav Dmitrievsky, was summoned for questioning by the FSB as witness in a criminal case, opened by the Nizhny Novgorod province prosecutor.  During the questioning, Dmitrievsky was asked questions about the activities of IC SRCF, in particular in relation to the Nizhny Novgord Society for Human Rights publication "Pravo-Zashchita".  The criminal case concerns specifically the publication in the newspaper of statements by Aslan Maskhadov and Akhmed Zakayev, in which they make appeals for peaceful negotiations of the Russian-Chechen conflict.  Documents were then seized in the offices of SRCF, specifically all the employee contracts with reporters who live and work in Chechnya, containing their addresses and personal information.

The editor in chief of the information center was summoned by chief investigator Putanov, appointed to investigate a case raised by the Nizhny Novgorod FSB department for constitutional oversight.  The investigator told Dmitrievsky that he was obliged to testify as a witness in a criminal case opened by the Nizhny Novgorod prosecutor.  The investigator's questions touched on the work of IC SRCF and the newspaper "Pravo-Zashchita", jointly published by the Nizhny Novgorod Society for Human Rights and IC SRCF, which regularly publishes information about the situation in Chechnya.  Mr. Putanov was interested in the sources and the scope of financing for the organization.  But special attention was devoted to who is responsible for maintaining publishing materials.  Stating that this responsibility belongs to the editor in chief, Putanov wanted to know whether he was familiar with the restrictions that the Russian legislature has imposed on journalistic activities.  After Dmitrievsky stated that he was familiar with the fact that the law prosecutes incitements to national and religious enmity and calls for aggressive war, the investigator became interested in his relationship with two publications in the newspaper.  One was the address made by Aslan Maskhadov to the European Parliament in which he called for peaceful settlement of the conflict (published in No. 59, April-May, 2004), the other a statement by the special envoy of the president of the Chechen Republic Ichkeria, Akhmed Zakayev, to the Russian people, in which he says, "I am offering the Russian people my hand of peace instead of what the president has to offer" and urged them not to vote for the president, because "nobody needs this war except for him" (published in No. 58, March 2004).  Putanov asked whether the present materials did not fall under the aforementioned limitations, provided by the law, to which he received a negative answer.  Dmitrievsky explained that, in his view, the publications are of extreme interest to the public, since the official perspective is just one view of the conflict.

After signing the protocol Dmitrievsky was served with a search warrant for the offices of the Society for Russian-Chechen Friendship, and he was then accompanied to the office by four FSB officers.  In the office documents were confiscated, including the newspaper files of "Pravo-Zashchita", the certificate and the registration of the organization, as well as all the employee contracts for those working at the information center including the reporters who live and work in Chechnya.  The last issue is of great concern to the head of SRCF, since the contracts contain the reporters' addresses and private information.

Stanislav Dmitrievsky assumes that the prosecutor might bring charges against him for violating article 282 in the Criminal Code of the Russian Federation, (inciting national, racial, or religious hostilities).

In the period from 2000 to 2004, four volunteers working for the Society for Russian-Chechen Friendship were killed, and in at least two of the incidents there was indisputable evidence that they were executed without trial by members of the Russian forces.

Financing of the information activities of the SRCF is provided by the U.S. governmental agency "National Endowment for Democracy".  In January the European Commission began funding a project related to plans to create an information agency at the SRCF, dedicated to the human rights situation in Chechnya.  On November 11, 2004, the SRCF was given a prestigious human rights award by the International Helsinki Federation.

Editor-in-chief Stanislav Dmitrievsky. Editor of this edition Oksana Chelysheva.

This edition has been put out with the support of The National Endowment for Democracy, as part of their "Russian-Chechen Information Partnership