Freedom of assembly in Russia
Encyclopedia
Freedom of assembly
in the Russian Federation
is granted by Art. 31 of the Constitution adopted in 1993:
s, pipeline
s, high voltage electric power lines, prison
s, court
s, presidential residences or in the border control zone. The right to gather can also be restricted in close proximity of cultural and historical monuments.
The regional and local authorities can issue secondary regulations, but limitations and prohibitions on public events can only be introduced by Federal Laws.
Organisers will be subjected to administrative responsibility for violating a procedure according to Art. 20 of the Administrative Offences Code.
In May 2005 Moscow police, after breaking up a demonstration in front of city hall, detained 10 congregants and supporters of the Emmanuel Pentecostal Church. Members and supporters of the church continued to demonstrate, alleging discrimination by authorities who had refused the church permission to construct a church and renovate buildings in Moscow and another district. In June 2005 several of these demonstrators were arrested during a demonstration. City authorities contended that the demonstrations were illegal and that they had advised the demonstrators to hold their protests at an alternate site. Protestors said that the demonstration was legal and that they had never received such instructions from city authorities. Several protestors were charged with holding an illegal demonstration and sentenced to five‑day jail terms. A Moscow district court ruled in November 2005, that local authorities had violated the legal procedure for regulating public events in its handling of the Church's repeated demonstrations. The same court ruled in October 2005 that 13 police officers had wrongfully detained Emmanuel members following a demonstration a week earlier. The church pastor confirmed that police interference ended following these court decisions.
In May 2006 gay rights activists were denied their applications to hold a Gay pride in Moscow. See Moscow Pride
In the days before the Other Russia political opposition conference in Moscow
in July 2006, according to Human Rights Watch, authorities tried to bar conference attendees from leaving their home cities violently.
During the 32nd G8 summit
in St. Petersburg in July 2006, human rights activists claimed 577 alleged incidents of illegal action by law enforcement officials against protestors, including 94 cases of police taking person to police stations without explanation; 267 cases (three involving children) of temporary detention on trumped‑up charges such as "minor hooliganism," "verbal abuse," and "resistance to law enforcement officials"; and 216 cases of persons prevented from traveling by bus or train to St. Petersburg for a "counter summit" organized by Russian NGOs.
After organizing a picket in Moscow on September 3, 2006, in commemoration of the victims of Beslan school hostage crisis
, human rights activist Lev Ponomaryov
was arrested and detained for three days, arbitrary and illegally, according to human rights organizations, as he had submitted the required notification prior to the event, but chosen not to observe the subsequent recommendation that it take place elsewhere or on a different date.
On October 16, 2006, police in Nazran
violently broke up a rally in memory of Anna Politkovskaya
, killed on October 7, and detained activists.
Authorities banned most of the Marches of the Discontented, which took place on December 16, 2006, in Moscow
, on March 3, 2007, in Saint Petersburg
, on March 24, 2007, in Nizhny Novgorod
, on April 14, 2007, for the second time in Moscow
, on April 15, 2007, again in Saint Petersburg
, on May 18 in Samara
and on May 19 in Chelyabinsk
, or proposed to change their place. As protesters defied the bans, riot police (OMON
) beaten or detained scores of opposition activists during the demonstrations, detaining or taking off trains and buses some expected participants in advance (see Dissenters March
).
On December 17, 2006, Moscow city authorities prohibited approximately 300 members of the political party Yabloko
and their supporters from marching in memory of killed journalists. Yabloko was allowed to meet, however, but was refused a permit to march.
On May 27, 2007, a gay rights demonstration banned by Yury Luzhkov as "satanic
" was held in Moscow again and for the second year running. See Moscow Pride
.
On June 1, 2008, another Gay pride took place in Moscow, again banned by the City Mayor. Also see Moscow Pride
.
The 2009 edition of Moscow Pride
took place on May 16, 2009, the same day as the finals of the 2009 Eurovision Song Contest being hosted by Moscow, and the eve of the International Day Against Homophobia. The parade was called "Slavic Pride, as it will promote gay rights and culture from across the entire Slavic regions of Europe. Again, authorization was refused. See Moscow Pride
.
, has been proposed by Eduard Limonov
and supported by various opposition movements and human-rights organisations, including the Moscow Helsinki Group
headed by Lyudmila Alexeyeva
. Since 2010 rallies and pickets for the freedom of assembly have been held also in other Russian cities. As of 31 March, no rally in Moscow or St.Petersburg has been allowed by the authorities. The police have dispersed and detained participants.
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
in the Russian Federation
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
is granted by Art. 31 of the Constitution adopted in 1993:
Citizens of the Russian Federation shall have the right to gather peacefully, without weapons, and to hold meetings, rallies, demonstrationsDemonstration (people)A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
, marches and pickets.
Legislation
Between 1991 and 2004, demonstrations in the Russia were regulated by a decree first issued by the Supreme Soviet in 1988 and reaffirmed, with minor modifications, by presidential decrees in 1992 and 1993. In 2004 these were replaced by the Federal Law of the Russian Federation No.54-FZ "On Meetings, Rallies, Demonstrations, Marches and Pickets" (current version signed by the President of Russia on June 19, 2004, and came into force on July 4, 2004). If the assembly in public is expected to involve more than one participant, its organisers are obliged to notify executive or local self-government authorities of the upcoming event few days in advance in writing. However, legislation does not foresee an authorisation procedure, hence the authorities have no right to prohibit an assembly or change its place unless it threatens the security of participants or is planned to take place near hazardous facilities, important railways, viaductViaduct
A viaduct is a bridge composed of several small spans. The term viaduct is derived from the Latin via for road and ducere to lead something. However, the Ancient Romans did not use that term per se; it is a modern derivation from an analogy with aqueduct. Like the Roman aqueducts, many early...
s, pipeline
Pipeline transport
Pipeline transport is the transportation of goods through a pipe. Most commonly, liquids and gases are sent, but pneumatic tubes that transport solid capsules using compressed air are also used....
s, high voltage electric power lines, prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s, court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s, presidential residences or in the border control zone. The right to gather can also be restricted in close proximity of cultural and historical monuments.
The regional and local authorities can issue secondary regulations, but limitations and prohibitions on public events can only be introduced by Federal Laws.
Organisers will be subjected to administrative responsibility for violating a procedure according to Art. 20 of the Administrative Offences Code.
Statistics
According to the statistics released by the Russian Ministry of Internal Affairs,Controversies
The government generally respected this right in practice. However, the authorities at times limit freedom of assembly and ban, displace or disperse demonstrations.In May 2005 Moscow police, after breaking up a demonstration in front of city hall, detained 10 congregants and supporters of the Emmanuel Pentecostal Church. Members and supporters of the church continued to demonstrate, alleging discrimination by authorities who had refused the church permission to construct a church and renovate buildings in Moscow and another district. In June 2005 several of these demonstrators were arrested during a demonstration. City authorities contended that the demonstrations were illegal and that they had advised the demonstrators to hold their protests at an alternate site. Protestors said that the demonstration was legal and that they had never received such instructions from city authorities. Several protestors were charged with holding an illegal demonstration and sentenced to five‑day jail terms. A Moscow district court ruled in November 2005, that local authorities had violated the legal procedure for regulating public events in its handling of the Church's repeated demonstrations. The same court ruled in October 2005 that 13 police officers had wrongfully detained Emmanuel members following a demonstration a week earlier. The church pastor confirmed that police interference ended following these court decisions.
In May 2006 gay rights activists were denied their applications to hold a Gay pride in Moscow. See Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
In the days before the Other Russia political opposition conference in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
in July 2006, according to Human Rights Watch, authorities tried to bar conference attendees from leaving their home cities violently.
During the 32nd G8 summit
32nd G8 summit
The 32nd summit of the G8 group of industrialised nations took place from 15 July to 17 July 2006 in Saint Petersburg, Russia. The venue was the Constantine Palace, which is located in Strelna on the Gulf of Finland...
in St. Petersburg in July 2006, human rights activists claimed 577 alleged incidents of illegal action by law enforcement officials against protestors, including 94 cases of police taking person to police stations without explanation; 267 cases (three involving children) of temporary detention on trumped‑up charges such as "minor hooliganism," "verbal abuse," and "resistance to law enforcement officials"; and 216 cases of persons prevented from traveling by bus or train to St. Petersburg for a "counter summit" organized by Russian NGOs.
After organizing a picket in Moscow on September 3, 2006, in commemoration of the victims of Beslan school hostage crisis
Beslan school hostage crisis
The Beslan school hostage crisis of early September 2004 was a three-day hostage-taking of over 1,100 people which ended in the deaths of over 380...
, human rights activist Lev Ponomaryov
Lev Ponomaryov
Lev Alexandrovich Ponomaryov is a Russian politician and human rights activist, member of the Moscow Helsinki Group and former member of the parliament...
was arrested and detained for three days, arbitrary and illegally, according to human rights organizations, as he had submitted the required notification prior to the event, but chosen not to observe the subsequent recommendation that it take place elsewhere or on a different date.
On October 16, 2006, police in Nazran
Nazran
Nazran is a town in the Republic of Ingushetia, Russia. It served as the republic's capital in 1991–2000, until the town of Magas was specially built as the new capital. Nazran is the largest city of the republic: -General:...
violently broke up a rally in memory of Anna Politkovskaya
Anna Politkovskaya
Anna Stepanovna Politkovskaya was a Russian journalist, author, and human rights activist known for her opposition to the Chechen conflict and then-President of Russia Vladimir Putin...
, killed on October 7, and detained activists.
Authorities banned most of the Marches of the Discontented, which took place on December 16, 2006, in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
, on March 3, 2007, in Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
, on March 24, 2007, in Nizhny Novgorod
Nizhny Novgorod
Nizhny Novgorod , colloquially shortened to Nizhny, is, with the population of 1,250,615, the fifth largest city in Russia, ranking after Moscow, St. Petersburg, Novosibirsk, and Yekaterinburg...
, on April 14, 2007, for the second time in Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
, on April 15, 2007, again in Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
, on May 18 in Samara
Samara, Russia
Samara , is the sixth largest city in Russia. It is situated in the southeastern part of European Russia at the confluence of the Volga and Samara Rivers. Samara is the administrative center of Samara Oblast. Population: . The metropolitan area of Samara-Tolyatti-Syzran within Samara Oblast...
and on May 19 in Chelyabinsk
Chelyabinsk
Chelyabinsk is a city and the administrative center of Chelyabinsk Oblast, Russia, located in the northwestern side of the oblast, south of Yekaterinburg, just to the east of the Ural Mountains, on the Miass River. Population: -History:...
, or proposed to change their place. As protesters defied the bans, riot police (OMON
OMON
OMOH is a generic name for the system of special units of militsiya within the Russian and earlier the Soviet MVD...
) beaten or detained scores of opposition activists during the demonstrations, detaining or taking off trains and buses some expected participants in advance (see Dissenters March
Dissenters March
The Dissenters' March was a series of political opposition protests that took place on 16 December 2006, in Moscow, on 3 March 2007, in Saint Petersburg, on 24 March 2007, in Nizhny Novgorod, on 14 April 2007, for the second time in Moscow and on 15 April 2007, again in Saint Petersburg, on 18 May...
).
On December 17, 2006, Moscow city authorities prohibited approximately 300 members of the political party Yabloko
Yabloko
The Russian United Democratic Party "Yabloko" The Russian United Democratic Party "Yabloko" The Russian United Democratic Party "Yabloko" (Russian: Росси́йская объединённая демократи́ческая па́ртия «Я́блоко» Rossiyskaya obyedinyonnaya demokraticheskaya partiya "Yabloko"; is a Russian social...
and their supporters from marching in memory of killed journalists. Yabloko was allowed to meet, however, but was refused a permit to march.
On May 27, 2007, a gay rights demonstration banned by Yury Luzhkov as "satanic
Satanism
Satanism is a group of religions that is composed of a diverse number of ideological and philosophical beliefs and social phenomena. Their shared feature include symbolic association with, admiration for the character of, and even veneration of Satan or similar rebellious, promethean, and...
" was held in Moscow again and for the second year running. See Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
.
On June 1, 2008, another Gay pride took place in Moscow, again banned by the City Mayor. Also see Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
.
The 2009 edition of Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
took place on May 16, 2009, the same day as the finals of the 2009 Eurovision Song Contest being hosted by Moscow, and the eve of the International Day Against Homophobia. The parade was called "Slavic Pride, as it will promote gay rights and culture from across the entire Slavic regions of Europe. Again, authorization was refused. See Moscow Pride
Moscow Pride
Moscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
.
Strategy-31
Since 31 July 2009 rallies for the freedom of assembly have been taking place on Triumfalnaya Square in Moscow. They are held every 31 day of the month, in which such day exists. This concept, called Strategy-31Strategy-31
Strategy-31 is a series of civic protests in support of the right to peaceful assembly in Russia guaranteed by Article 31 of the Russian Constitution...
, has been proposed by Eduard Limonov
Eduard Limonov
Eduard Limonov is Russian writer and political dissident, and is the founder and leader of radical National Bolshevik Party. An opponent of Vladimir Putin, Limonov is one of leaders of Other Russia political bloc.-Early life:...
and supported by various opposition movements and human-rights organisations, including the Moscow Helsinki Group
Moscow Helsinki Group
The Moscow Helsinki Group is an influential human rights monitoring non-governmental organization, originally established in what was then the Soviet Union; it still operates in Russia....
headed by Lyudmila Alexeyeva
Lyudmila Alexeyeva
Lyudmila Mikhailovna Alexeyeva is a Russian historian, human rights activist, founding member of the Moscow Helsinki Watch Group, and one of the few veterans of the Soviet dissident movement still active in modern Russia.-Soviet period:...
. Since 2010 rallies and pickets for the freedom of assembly have been held also in other Russian cities. As of 31 March, no rally in Moscow or St.Petersburg has been allowed by the authorities. The police have dispersed and detained participants.
See also
- Human rights in RussiaHuman rights in RussiaThe rights and liberties of the citizens of the Russian Federation are granted by Chapter 2 of the Constitution adopted in 1993.Russia is the signatory to the Universal Declaration of Human Rights and has also ratified a number of other international human rights instruments, including the...
- Moscow PrideMoscow PrideMoscow Pride is a demonstration of lesbians, gays, bisexuals and transgendered persons . It was intended to take place in May annually since 2006 in the Russian capital Moscow, but has been regularly banned by Moscow City Hall, headed by Mayor Yuri Luzhkov until 2010...
- Nikolai AlekseevNikolai AlekseevNikolay Alexandrovich Alexeyev, also written in English as Alekseyev, Alekseev and Alexeev born on December 23, 1977 in Moscow) is a Russian LGBT rights activist, lawyer and journalist....
- LGBT Human Rights Project Gayrussia.ru
- Strategy-31Strategy-31Strategy-31 is a series of civic protests in support of the right to peaceful assembly in Russia guaranteed by Article 31 of the Russian Constitution...