Free Russia Foundation’s Press Release on Submission of Article 15 Communication to the International Criminal Court

Oct 06 2020

On 21 September 2020, the Free Russia Foundation submitted a Communication to the International Criminal Court Prosecutor’s Office (in The Hague, Netherlands) seeking accountability for Crimean and Russian authorities concerning international crimes perpetrated during Russia’s illegal occupation of Crimea. The Communication was prepared in cooperation with Global Rights Compliance and Center for Civil Liberties and is based on a focused inquiry conducted over the past year. In our inquiry, we documented crimes as part of a systematic, planned attack by the Russian state against civilians and groups in Crimea in order to discourage them from opposing the illegal occupation of Crimea and to force their departure from the peninsula. Crimes against civilians included unlawful arrests, beatings, torture, enforced disappearances, and other inhumane acts causing severe mental and/or physical pain. In particular, the crimes targeted the Crimean Tatars, a native ethnic group who had only recently returned to their homeland, having previously been forcefully and brutally displaced by the Soviet Union in 1944.

One of the principal coercive acts was the illegal detention and concomitant violence before, during, and after the imprisonment of political prisoners. Most of those detained were arrested by Russian and Crimean authorities on terrorism charges, but it was their legal, pro-Ukrainian advocacy that led to their imprisonment. In addition, trials of those arbitrarily detained were conducted in wholesale disregard of their fair trial rights. For example, some of those illegally imprisoned were denied a speedy trial, access to independent lawyers, and the opportunity to defend themselves against their arrest in a courtroom.

In order to force those illegally detained to confess to crimes they did not commit, Russian and Crimean authorities also perpetrated acts of torture and cruel or degrading treatment, the levying of additional charges against them, even more inhumane prison conditions, denial of communications with their families and threats made against them, enforced disappearances, and even, in at least one case, a mock execution.

Other inhumane acts include “punitive psychiatry” and the denial of adequate prison conditions, including the following: (i) feeding people inedible food or, at times, no food at all; (ii) facing severe overcrowding in prisons; (iii) denial of regular water supply; (iv) threats of assault against them by prison cellmates; and (v) adding pork to food – prohibited for observant Muslims. Further, medical attention was systematically inadequate or denied for many individuals.

Concerning acts of torture, it was perpetrated by different Russian authorities, including the FSB. Allegations include the use of electric shocks in an effort to get an accused to confess. One was beaten in the head, kidneys, arms and legs with an iron pipe. With another, fingers were broken. Still another endured spinal bruises and having a plastic bag placed over his head to the point of unconsciousness. Further, threats of sexual violence against a detained man were made. Murder as well. Hands were broken, teeth were knocked out in still another.

Trials were largely held behind closed doors for illegitimate reasons, and many of the witnesses were secret not only to the public but also to the Accused. Further, credible allegations exist that, at times, there were FSB or other agents in the room, silently instructing witnesses what to say and how the judges should rule. This adds credence to words, according to the Kyiv Post, heard by Arsen Dzhepparov from a senior FSB lieutenant who stated “I will prove by all possible – and impossible – means that [an Accused is] guilty – even if he isn’t guilty”.

Concerning the crime of persecution, nearly all of these deprivations of fundamental rights were carried out with discriminatory intent. Specifically, these groups were targeted due to their political view – namely, by peacefully opposing the illegal occupation of their country. Some were targeted on ethnic grounds or religious grounds on the basis of their Crimean Tatar background.

War crimes, another group of crimes punished at the ICC, were also perpetrated in addition to or in the alternative to the crimes against humanity. This includes the crime of torture, outrages against personal dignity, unlawful confinement, wilfully depriving protected persons of the rights of a fair and regular trial, and the transfer of the occupying power of parts of its population into the territory it occupies or the deportation of all or parts of the population of the occupied territory within or outside this territory.

All these crimes had the ultimate objective of the criminal enterprise – the removal of pro-Ukrainian elements out of Crimea and the annexation of Crimea into the Russian Federation without opposition, including the installation of pro-Russian elements, which include the emigration of more than 70,000 Russians, the illegal imposition of Russian law in the occupied territory, forcing Russian nationality on many Crimeans, and the appropriation of public property.

Ultimately, we hope that all the information gathered by the ICC in the context of its preliminary investigation will lead the ICC to investigate mid- to high-level Russian and Crimean officials on this basis. The international community expects responsible global leadership that follows the rule of law and expects it – no matter the situation – to be respected, especially from a state that is a permanent member of the UN Security Council. When this fails to happen, the international community must demand accountability. We hope that an investigation can be opened and responsible officials of the Russian Federation will be investigated. After an investigation that conforms to international best practices, responsible persons should be charged with the systematic perpetration of international crimes.

Lukashenka’s Ryanair Hijacking Proves Human Rights is a Global Security Issue

May 24 2021

The forced diversion and landing in Minsk of a May 23, 2021 Ryanair flight en route from Greece to Lithuania, and the subsequent arrest of dissident Roman Protasevich who was aboard the flight, by the illegitimate Lukashenka regime pose an overt political and military challenge to Europe, NATO and the broad global community.  NATO members must respond forcefully by demanding (1) the immediate release of Protasevich and other political prisoners in Belarus, and (2) a prompt transition to a government that represents the will of the people of Belarus. 

The West’s passivity in the face of massive, continuous and growing oppression of the Belarusian people since summer 2020 has emboldened Lukashenka to commit what some European leaders have appropriately termed an act of “state terrorism.”

The West has shown a manifest disposition to appease Putin’s regime —Lukashenka’s sole security guarantor. It has made inappropriate overtures for a Putin-Biden summit and waived  Nord Stream 2 sanctions mandated by Congress. These actions and signals have come against the backdrop of the 2020 Russian constitutional coup, the assassination attempt against Navalny and his subsequent imprisonment on patently bogus charges, the arrests of close to 13,000 Russian activists, and the outlawing of all opposition movements and activities. All this has led Putin and Lukashenka to conclude that they eliminate their political opponents with impunity.  

Today’s state-ordered hijacking of an international passenger airplane—employing intelligence agents aboard the flight,  and accomplished via an advanced fighter-interceptor—to apprehend an exiled activist, underscores that violation of human rights is not only a domestic issue, but a matter of international safety and security.  Western governments unwilling to stand up for the victims of Putin’s and Lukashenka’s regimes are inviting future crimes against their own citizens. 

Absent a meaningful and swift response, the escalation of violence and intensity of international crimes committed  by Lukashenka’s and Putin’s regime will continue, destabilizing the world and discrediting the Western democratic institutions. 

CALL FOR SUBMISSIONS – THE KREMLIN’S INFLUENCE QUARTERLY

May 20 2021

The Free Russia Foundation invites submissions to The Kremlin’s Influence Quarterly, a journal that explores and analyzes manifestations of the malign influence of Putin’s Russia in Europe.

We understand malign influence in the European context as a specific type of influence that directly or indirectly subverts and undermines European values and democratic institutions. We follow the Treaty on European Union in understanding European values that are the following: human dignity, freedom, democracy, equality, the rule of law, and respect for human rights. Democratic institutions are guardians of European values, and among them, we highlight representative political parties; free and fair elections; an impartial justice system; free, independent and pluralistic media; and civil society.

Your contribution to The Kremlin’s Influence Quarterly would focus on one European country from the EU, Eastern Partnership or Western Balkans, and on one particular area where you want to explore Russian malign influence: politics, diplomacy, military domain, business, media, civil society, academia, religion, crime, or law.

Each chapter in The Kremlin’s Influence Quarterly should be around 5 thousand words including footnotes. The Free Russia Foundation offers an honorarium for contributions accepted for publication in the journal.

If you are interested in submitting a chapter, please send us a brief description of your chapter and its title (250 words) to the following e-mail address: info@4freerussia.org. Please put The Kremlin’s Influence Quarterly as a subject line of your message.

Criminal operations by Russia’s GRU worldwide: expert discussion

May 06 2021

Please join Free Russia Foundation for an expert brief and discussion on latest criminal operations conducted by Russia’s GRU worldwide with:

  • Christo Grozev, Bellingcat— the legendary investigator who uncovered the Kremlin’s involvement, perpetrators and timeline of Navalny’s assassination attempt. 
  • Jakub Janda, Director of the European Values Think Tank (the Czech Republic) where he researches Russia’s hostile influence operations in the West
  • Michael Weiss, Director of Special Investigations at Free Russia Foundation where he leads the Lubyanka Files project, which consists of translating and curating KGB training manuals still used in modern Russia for the purposes of educating Vladimir Putin’s spies.

The event will take place on Tuesday, May 11 from 11 am to 12:30pm New York Time (17:00 in Brussels) and include an extensive Q&A with the audience moderated by Ilya Zaslavskiy, Senior Fellow at Free Russia Foundation and head of Underminers.info, a research project on post-Soviet kleptocracy

The event will be broadcast live at: https://www.facebook.com/events/223365735790798/

  • The discussion will cover Russia’s most recent and ongoing covert violent operations, direct political interference, oligarchic penetration with money and influence; 
  • GRU’s structure and approach to conducting operations in Europe
  • Trends and forecasts on how data availability will impact both, the Kremlin’s operations and their investigation by governments and activists; 
  • EU and national European government response and facilitation of operations on their soil; 
  • Recommendations for effective counter to the security and political threats posed by Russian security services. 

YouTube Against Navalny’s Smart Voting

May 06 2021

On May 6, 2020, at least five YouTube channels belonging to key Russian opposition leaders and platforms received notifications from YouTube that some of their content had been removed due to its being qualified as “spam, deceptive practices and scams”. 

They included: 

Ilya Yashin (343k YouTube subscribers)

Vladimir Milov (218k YouTube subscribers) 

Leonid Volkov (117k YouTube subscribers)

Novaya Gazeta (277k YouTube Subscribers) 

Sota Vision (248k YouTube Subscribers)

Most likely, there are other Russian pro-democracy channels that have received similar notifications at the same time, and we are putting together the list of all affected by this censorship campaign. 

The identical letters received from YouTube by the five account holders stated:

“Our team has reviewed your content, and, unfortunately, we think it violates our spam, deceptive practices and scams policy. We’ve removed the following content from YouTube:

URL: https://votesmart.appspot.com/

YouTube has removed urls from descriptions of videos posted on these accounts that linked to Alexey Navalny’s Smart Voting website (votesmart.appspot.com).

By doing this, and to our great shock and disbelief, YouTube has acted to enforce the Kremlin’s policies by qualifying Alexey Navalny’s Smart Voting system and its website as “spam, deceptive practices and scams”. 

This action has not only technically disrupted communication for the Russian civil society which is now under a deadly siege by Putin’s regime, but it has rendered a serious and lasting damage to its reputation and legitimacy of Smart Voting approach. 

In reality, Smart Voting system is not a spam, scam or a “deceptive practice”, but instead it’s a fully legitimate system of choosing and supporting candidates in Russian elections who have a chance of winning against the ruling “United Russia” party candidates. There’s absolutely nothing illegal, deceptive or fraudulent about the Smart Voting or any materials on its website.

We don’t know the reasons behind such YouTube actions, but they are an unacceptable suppression of a constitutionally guaranteed freedom of the Russian people and help the Kremlin’s suppression of civil rights and freedoms by banning the Smart Voting system and not allowing free political competition with the ruling “United Russia” party. 

This is an extremely dangerous precedent in an environment where opposition activities in Russia are being literally outlawed;  key opposition figures are jailed, exiled, arrested and attacked with criminal investigations; independent election campaigning is prohibited; and social media networks remain among the very few channels still available to the Russian opposition to communicate with the ordinary Russians.

We demand a  swift and decisive action on this matter from the international community, to make sure that YouTube corrects its stance toward Russian opposition channels, and ensures that such suppression of peaceful, legal  pro-democracy voices does not happen again. 

FRF Lauds New US Sanctions Targeting the Kremlin’s Perpetrators in Crimea, Calls for Their Expansion

Apr 15 2021

On April 15, 2021,  President Biden signed new sanctions against a number of officials and agents of the Russian Federation in connection with malign international activities conducted by the Russian government.

The list of individuals sanctioned by the new law includes Leonid Mikhalyuk, director of the Federal Security Service in the Russian-occupied Crimea.

A report issued by Free Russia Foundation, Media Initiative for Human Rights and Ukrainian Helsinki Human Rights Union in December 202, identified 16 officials from Russian law enforcement and security agencies as well as the judiciary operating on the territory of the Ukrainian Crimean Peninsula currently occupied by the Russian Federation. These individuals have been either directly involved or have overseen political persecution of three prominent Crimean human rights defenders – Emir-Usein Kuku, Sever Mustafayev and Emil Kurbedinov.

Leonid Mikhailiuk is one of these officials. He has been directly involved and directed the repressive campaign in the occupied Crimea, including persecution of innocent people on terrorism charges and massive illegal searches. The persecution of Server Mustafayev was conducted under his supervision. As the head of the FSB branch in Crimea, he is in charge of its operation and all operatives working on politically motivated cases are his subordinates. 

Within the extremely centralized system of the Russian security services, Mikhailiuk is clearly at the top rank of organized political persecution and human rights violations.

Free Russia Foundation welcomes the new sanctions and hopes that all other individuals identified in the report will also be held accountable.