By Madeline Schiesser
Impunity Watch Reporter, Europe

NIZHNY NOVGOROD, Russia – A book on Chechen war crimes, co-authored and edited by Russian-Chechen human rights activist Stanislav Dmitrievsky, may be banned by the Russian government as “extremist.”

On November 28, 2012, Dmitrievsky received an official summons to appear before the Dzerzhinsk City Court in the Nizhny Novgorod region of Russia on December 6 for a ban hearing.  The summons did not include the prosecutor’s claim; therefore, what portions of the book have been labeled as “extreme” are unknown.

However, the summons did indicate that the petition to ban the book was based on a federal law “on countering extremist activities.”  Human Rights Watch (HRW) has characterized the case as “part of the growing misuse of anti-extremism legislation against civil society activists” and suggests that this application of the law is in violation of Russia’s legal obligations to respect and protect freedom of expression under article 10 of the European Convention on Human Rights and article 19 of the International Covenant on Civil and Political Rights.

Dmitrievsky’s book is a 1,200-page monograph entitled International Tribunal for Chechnya. Prospects of Bringing to Justice Individuals Suspected of War Crimes and Crimes Against Humanity During the Armed Conflict in the Chechen Republic.  700 print copies were originally published in July 2009 and it was made the independent news website Novaya Gazeta.

HRW describes the book as “a detailed analysis of the violations by all parties during the conflict in Chechnya from the standpoint of international criminal law.”  The main argument is described as “emphasiz[ing] the chain of command and responsibility of top Russian leadership.”

Attempts to ban the book in 2009 failed for lack of sufficient grounds to open a criminal inquiry.  However, if the court decides to ban the book this time, copies will be removed from stores and liberties, and digital versions will be deleted from websites.

The human rights activist has had difficulty with Russian authorities in the past.  He has been convicted of fomenting national hatred for publishing articles by Chechen separatist leaders in 2006 and sentenced to nine days of administrative arrest for disobeying police orders during a protest rally in March 2012.  He has also been targeted due to his work.  A brick was thrown through in his apartment window in 2008, and earlier this year, the Group of Free People in Nizhny Novgorod, with which he works, was the subject of an arson attack.

In early November, the apartments of his family and eldest daughter were attacked.  While Dmitrievsky was away in Sweden, two men attacked his apartment at 4:30 in the morning, waking his wife and teenage daughter. The men, armed with hammers, wore hooded jackets, face masks, and gloves; broke the apartment windows; poured cement into the door lock so his family could not leave; and ripped out security cameras.  The lock on the apartment door of Dmitrievsky’s eldest daughter was similarly manipulated the same night.

Police arrived at Dmitrievsky’s apartment 40 minutes later and refused to call an investigator.  Investigators were finally called two hours later.  The investigations results so far have been inconclusive.

The HRW director of the Europe and Central Asia division, Hugh Williamson, has said: “Dmitrievsky’s book is based on meticulous desk research and is an important source of information on the Chechen conflict. The authorities’ efforts to ban the book as “extremist” have no basis in international human rights law and seem aimed at punishing Dmitrievsky for his human rights work.”

Williamson concludes that the attempt to ban Dmitrievsky’s book is symptomatic of the Russian government’s recent moves to suppress human rights and civil society type organizations.  “There has been an unprecedented crackdown on civil society in the past six months, and this seems to have sent the authorities a signal that it’s all right to go after Dmitrievsky with a new zeal. In the past, he clearly demonstrated that he wouldn’t be intimidated into silence by arrests and attacks, so now they’re trying to silence him by banning his monograph, which Dmitrievsky considers his life’s work.”

For further information, please see:

RFE/RL – Tenacious Russian Activist Girds For Yet Another Battle – 4 December 2012

Human Rights Watch – Russia: Stop Efforts to Ban Human Rights Book – 3 December 2012

Human Rights Watch — Russia: Investigate Attack on Rights Group – 7 November 2012

HRO in English – Attack on the Apartment of Stanislav Dmitrievsky – 6 November 2012

By Alexandra Sandacz
Impunity Watch Reporter, Europe 

MOSCOW, Russia – On Thursday, the United States Congress passed a bill to stabilize trade with Russia. However, the bill will also simultaneously penalize Russian officials who are linked to human rights violations.

In August, Russia joined the World Trade Organization (WTO), and as a result, opened its market and reduced tariffs under the terms of its membership.

The new United States trade legislation, which passed by large majorities in the House and Senate, replaces a 1974 provision, the Jackson-Vanik Amendment, that connected trade relations with the former Soviet Union to the emigration of Jews and other Soviet minorities. Before the new trade provision was passed, the US was the only WTO member that could not take advantage of Russia’s newly modified market.

Under the Magnitsky bill, named after Russian lawyer, Sergei Magnitsky, who died in a Russian prison three years ago after allegedly being tortured, the United States will release a list of Russian officials suspected to be involved with human rights violations and withhold their visas and freeze their financial assets.

The bill currently awaits President Barack Obama’s signature. President Obama, expressing his desire to sign the law, stated, “The legislation will ensure that American businesses and workers are able to take full advantage of the WTO rules and market access commitments that the United States worked so hard to negotiate.

He continued, “My administration will continue to work with Congress and our partners to support those seeking a free and democratic future for Russia and promote the rule of law and respect for human rights around the world.”

Furthermore, Senator Benjamin L. Cardin, a supporter of the Magnitsky bill, said, “Today, we close a chapter in U.S. history. It served its purpose. Today, we open a new chapter in U.S. leadership for human rights.”

However, despite the optimism in the United States, Moscow does not favor the human rights portion of the trade bill. The Russian Foreign Ministry called the bill “a performance in the theatre of the absurd”.

The Ministry also said, “It’s strange and wild to hear such claims about human rights addressed to us by politicians of the very state where in the 21st Century torture and the kidnapping of people all over the world were officially legalized.”

Russian Prime Minister, Dmitry Medvedev, warned that the Magnitsky provision will provoke a “symmetrical and asymmetrical reaction” from Russia. He continued, “It’s inadmissible when one country tries to dictate its will to another.”

As a response, Russian Foreign Minister, Sergei Lavrov, announced Moscow’s plan to retaliate by barring “entry to Americans who are in fact guilty of human rights violations.”

For further information, please see:

BBC News – Russia to retaliate over US Magnitsky rights act – 7 December 2012

Reuters – US trade-human rights link tests Obama-Russia ties – 7 December 2012

BBC News – US Congress passes ‘Magnitsky’ rule on Russia trade law – 6 December 2012

The Washington Post – Russia fumes as U.S. Senate passes Magnitsky law aimed at human rights – 6 December 2012