The European Court on Human Rights has ruled that, by designating Free Russia Foundation (FRF) “undesirable”, the Russian State has violated Articles 10 and 11 of the European Convention on Human Rights and orders compensation.
The June 18, 2024 judgment concerns 85 applications lodged against the Russian Federation with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms by international nonprofits.
The CASE OF ANDREY RYLKOV FOUNDATION AND OTHERS v. RUSSIA (applications 37949/18 and 84 others) highlights the ongoing misuse of repressive laws in Russia aimed at stifling dissent and suppressing civic freedom.
The Court has also ruled that:
1. The decision to include undesirable organizations in the list of undesirable organizations in itself imposes an undue burden on them, leading to the cessation of any activities on the territory of Russia. Any kind of activity from communicating with representatives of foreign governmental bodies to conducting trainings and publishing reports is banned, despite the fact thatthe activities themselves are not prohibited by any national legislation, and are not violent, and in practice cannot pose any actual threat to the constitutional order of Russia.
2. The decision to include undesirable organizations in the list is ex post facto, without any prior notice or information, which creates legal uncertainty for any organizations.
3. Judicial appeal against the status of an undesirable organization does not provide the organization with adequate and effective guarantees against essentially unlimited arbitrariness on the part of the executive branch.
In June 2019, Putin’s government designated FRF as undesirable, making it one of the early targets of a legal framework that blatantly violates fundamental human rights, including the rights to freedom of expression and association as guaranteed by the European Convention on Human Rights. The designation was part of a broader, systemic effort by the Russian government to control and limit the activities of independent organizations through draconian legislation.
Russia’s laws on «undesirable organizations» and «foreign agents» do not only violate international human rights laws but are also unconstitutional within Russia itself. They serve as tools for political repression, crafted to dismantle any opposition by labeling and discrediting vital human rights work and political advocacy as threats to national security. The scope of this oppressive law has expanded significantly, with the number of organizations labeled as undesirable growing from 4 in 2015 to 158 by April 2024. The Russian government has expanded these laws to include provisions that criminalize virtually any association with organizations deemed undesirable. Among those unjustly targeted by this law is Vladimir Kara-Murza, whose persecution has been directly linked to his affiliation with FRF. FRF, represented by Maria Voskobitova, is one of only 4 organizations challenging the undesirable designation.
FRF case illustrates the arbitrary and punitive nature of these laws. Despite FRF’s adherence to all legal procedures within Russia, including going through exhaustive appeals, represented by lawyer Vadim Prokhorov, the judiciary continuously upheld the baseless designation, reflecting the absence of judicial independence and the manipulation of law for political ends. FRF appeal to the European Court of Human Rights was a necessary step to challenge these unjust practices at the international level.
In his comments on the announcement, Mr. Prokhorov asserted: “This judgment is of fundamental importance for the entire law enforcement practice in the field of human rights protection as it confirms the flagrant violations committed in this area by the current Russian authorities. Moreover, from a legal point of view, with this judgment, the European Court definitively closes out any possibility of discussion regarding the justice of the monstrous 25-year sentence to Vladimir Kara-Murza. Since the very classification of FRF as undesirable, as well as the norms of repressive Russian legislation regulating such designation— are recognized as flawed, the sentence to Vladimir Kara-Murza obviously has nothing to do with the law.”
“Today’s decision by the European Court does not only clear FRF’s reputation, but also underscores the urgent need for the international community to stand in solidarity with those fighting for democratic principles and human rights in Russia. The acknowledgment of our legal struggle by the European Court of Human Rights reinforces our resolve to persist in our efforts for a free, democratic and peaceful Russia,” said FRF Founder and President Natalia Arno in her comments on the new judgment.