The tribunal was presented by 107 NGOs, media and members of Russian civil society. The European Court of Human Rights (ECHR) on Tuesday condemned Russia for its law on foreign agents adopted in 2012, calling it “arbitrary” and creating a “climate of mistrust.”
For the ECHR, “the legislation currently in force is stigmatizing, misleading and applied in a way that is too extensive and unpredictable.” The court also concluded that “this legislation was intended to punish and intimidate rather than respond to an alleged need for transparency or legitimate national security imperatives.”
It concluded that the principles of freedom of expression, freedom of association and the right to respect for private and family life were violated by this law with respect to the applicant natural persons.
Russia was excluded from the ECHR in March 2022 following the invasion of Ukraine, but the court’s decisions continue to apply to the country for events prior to that date.
“Clearly disproportionate sanctions”
Among the dozens of applicants are the International Memorial and the Memorial Human Rights Centre, Radio Free Europe/Radio Liberty, journalists, but also human rights defenders, environmental activists and election observers.
They attacked this legislation that forces them to register as “foreign agents” with the consequences: inspections, fines and restrictions on their activities.
“The disclosure requirements for ‘foreign agents’ have been expanded over time to also apply to social media accounts, websites and, ultimately, to all communications, including documents produced in court,” the Court recalled. .
The plaintiffs also noted the significant financial and administrative burden imposed by this legislation, which led to the dissolution of some NGOs, including Memorial International and the human rights center Memorial.
In its decision, the court referred to “manifestly disproportionate sanctions, including arbitrary fines or even dissolution” and found that “such restrictions have a chilling effect on public discourse and civic engagement.”
“They create a climate of suspicion and distrust towards independent voices and undermine the very foundations of a democratic society,” according to the ECHR.
“Considerably more restrictive”
The 107 plaintiffs had argued that this legislation was part of a systematic campaign directed against human rights organizations and media outlets critical of the government.
The Court further concluded that the legal regime “has become considerably more restrictive since 2012, affecting a much larger number of NGOs, media and individuals and moving further away from the standards of the Convention.”
The ECtHR had already examined the Russian law on “foreign agents”, invoked by 73 Russian NGOs, including Memorial, the main organization defending freedoms in Russia.
In a ruling handed down in June 2022, European judges unanimously ruled that the 2012 Russian law violated provisions of the European Convention on Human Rights relating to freedom of expression and freedom of assembly and association.
Source: BFM TV