The ongoing protests in Russia were triggered by the arrest of Alexei Navalny, a prominent anti-corruption activist and opposition leader. Critics of Navalny and supporters of the Kremlin have dismissed the protestors as political extremists. Despite this, the human rights violations that have taken place at the hands of the Russian government must not be viewed through a political lens. Human rights are inalienable from politics and must be adhered to universally. The voices of the protestors are directed against the Government as a result of its refusal to uphold the human rights of its citizens. At the heart of the protests, then, is the demand that the Government respect human rights, democracy, and the rule of law, contrary to its treatment of Navalny.
Having previously been convicted in two politically motivated criminal cases, Navalny has recently recovered from a near-fatal poisoning and was receiving treatment in Germany. He was arrested once more upon his return to Russia from Germany, which is widely acknowledged to be yet another attempt by the Kremlin to silence its most prominent critic.
THREATS AHEAD OF THE FIRST PROTEST
Ahead of the first protest, an attack was made to the freedom of expression of potential protestors.
A Government statement was issued declaring that any request for authorisation to hold protests would be denied due to the pandemic, at which point Navalny’s office explained to potential protesters that seeking authorisation would be futile, since the Government would not allow the protests for political reasons.
The Russian Government also removed social media posts inviting people to protest, and some social media influencers using suspiciously similar rhetoric discouraged people from attending the protests. This prompted claims that the influencers had been paid by the government to upload the posts.
Administrative authorities all over the country attempted to prevent students from attending protests. For instance, universities issued warnings that there would be consequences for participation in such “politically motivated” activities, schools threatened students with expulsion, and some establishments scheduled mandatory extra classes at the time of the protests to ensure non-attendance.
It has also been reported that one college - in violation of the right to privacy - published a list of students who were known to have connections to Navalny groups on social media, which potentially put the students at risk by exposing their names, contact details and even their addresses.
Armed policemen visited the homes of local activists, as well as those of their family members, to issue threats and warnings.
Some lawyers and activists associated with Navalny’s Foundation Against Corruption and other opposition movements were detained ahead of the rallies. This is a clear violation of the prohibition on arbitrary detention detailed in the Russian constitution, and in the European Convention on Human Rights (ECHR), to which Russia is a signatory.
Reports of similar threats and treatment have transpired in the leadup to the second protest.
POLICE BRUTALITY AND MASS DETENTION
Whilst Government-controlled media sources deliberately understated the scale of the protests, claiming that between 2000 and 4000 people took part on 23 January, more reliable estimates state that figures stand at over 100,000 protesters nationwide.
The protesters were up against more than just freezing temperatures: the infamous OMON (Russian Special Forces), as well as regular police forces, were reported to have used excessive force despite the overwhelmingly peaceful nature of the protests. OVD-Info, an independent watchdog, stated that a pregnant woman and various non-participating bystanders were assaulted, and journalists were attacked despite wearing highly recognizable press jackets and carrying journalist identification documents. The actual protesters were beaten with batons, brutally forced onto the ground, stomped on, pushed into the snow, dragged by the legs, and even knocked unconscious in some cases.
The violence spread beyond the rallies. Over 4000 protesters were detained, including at least 300 children. It is important to note that Russian detention centres are infamous for inmate abuse. Indeed, whilst most of the protesters were detained on false charges, some were also refused medical attention despite suffering from severe injuries as the result of being beaten. Others were prevented from contacting their lawyers, held illegally overnight, denied food and water, deliberately kept in freezing temperatures, threatened with force and sometimes even rape. Many were then forced to take part in unlawful “sham trials”.
In spite of this, the protests of 31 January saw a further increase in indiscriminate police brutality. As well as reports similar to the above, taser guns and gas were widely used to suppress the peaceful protests.
A further 5754 people were detained – a record-breaking number in modern Russian history. Amongst those detained were 205 minors and over 90 journalists. Detention centres are currently overcrowded, and due to the lack of space many detainees are being held in deportation facilities.
This signifies blatant and unconstitutional disregard for access to justice, the right to liberty and security, freedom from discrimination, and the rule of law.
NAVALNY’S SENTENCING AND ITS AFTERMATH
On 2 February, the court sentenced Navalny to over two years in prison. This was based on a failure to comply with the terms of his 2014 conviction, even though the conviction itself was ruled to have been unfair by the European Court of Human Rights. The reason behind Navalny’s non-compliance was that he was in a coma following his poisoning, which left him unable to register with the Russian authorities. The world was outraged by this obvious failure to uphold his fundamental human rights.
Meanwhile in Russia, people braved the streets yet again in the face of the threatening police presence, and despite the fact that the government blocked off many central locations and metro stations to prevent the gathering of people. The police behaved more violently than ever before: as people gathered on the main streets of Moscow, the police used taser guns and batons in an attempt to disperse the crowds, catching and beating peaceful protesters at random. People were even dragged out of taxis and cars for chanting or signalling in support of the protest.
As captured in a particularly poignant video, a group of protesters were surrounded by policemen. They raised their hands and chanted “we are not armed” as a sign of peace and defencelessness, before the police proceeded to attack them with batons.
A further 1463 people were detained that night. Reports have emerged of detainees being beaten, threatened, tortured, and denied legal representation. Some policemen are said not to have been wearing masks whilst exhibiting symptoms of COVID-19. Others were unlawfully seizing peoples’ phones.
LOOKING FORWARD
Overall, the claim by the Russian government that the anti-protest measures were resorted to in order to prevent the spread of COVID-19 must not be taken at face value. The Government went beyond what was necessary to stop the spread of the pandemic: police brutality took place even in small, sparsely-populated towns, where protestors had every opportunity to socially distance.
Further, as stated by a UN special rapporteur, the pandemic does not permit governments to remove the freedoms of expression and assembly. Restrictions can be necessary and justified, however, the pandemic should not be used as a pretext to suppress human rights.
The outrage and condemnation of the international community did not slow the government down. A further wave of protests is expected to take place over the next month, yet the government’s hostile, unconstitutional handling of the situation remains the same.
The Russian protesters need the world to hear their voices. As they demand respect for their human rights, democracy and the rule of law, they need the unwavering support of the international community which shares those values and understands their fundamental importance. As stated by Navalny during his court hearing, and translated by the independent online newspaper Meduza:
They’re imprisoning one person to frighten millions. […] They try to shut people up with these show trials. […] I hope very much that people will not look at this trial as a signal that they should be more afraid. This is not a demonstration of strength — it’s a show of weakness.
Dominika is a Russian Londoner. She is currently completing a Master’s degree in Public International Law in Amsterdam, after which she will return to London to complete her legal studies, with the ultimate goal of becoming a barrister. Her aim is to utilise her legal career as a tool for the amelioration of social injustice around the world.