CCPR/C/RUS/CO/8*

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
1 December 2022
Original: English

Human Rights Committee

Concluding observations on the eighth periodic report of theRussian Federation**
1.
The Committee considered the eighth periodic report of the Russian Federation 1 at its
3934th meeting,2 held on 20 October 2022. At its 3947th and 3948th meetings, held on 31
October and 1 November 2022, it adopted the following concluding observations.

A.

Introduction
2.
The Committee welcomes the State party’s timely submission of its report and thereplies to the list of issues.3 It deeply regrets that, despite the two postponements granted by
the Committee following the requests submitted by the State party concerning theconsideration of the report, scheduled first for the 134th session (March 2022) and then for
the 135th session (July 2022), the State party did not participate in the constructive dialogue
with the Committee during its 136th session. The Committee reminds the State party that the
obligation under article 40 of the Covenant to submit reports entails an expectation that the
representatives of the States parties are present at meetings of the Committee when theirreports are examined.4 The Committee emphasizes that the full engagement of States parties
in the interactive dialogue with the human rights treaty bodies is a key component of theperiodic review process.5

B.

Positive aspects
3.

The Committee welcomes the following steps taken by the State party:(a)Adoption of the national action strategy for women for the period 2017–2022;(b)
Adoption of specific measures to address the protection risks related to thecoronavirus disease (COVID-19) pandemic that are faced by migrants and asylum-seekers,
including measures to allow persons staying irregularly in the Russian Federation toregularize their stay by 30 September 2021, and the measure to maintain a generalmoratorium on removal decisions until 30 September 2021.

* Reissued for technical reasons on 20 December 2022.
** Adopted by the Committee at its 136th session (10 October–4 November 2022).
1 CCPR/C/RUS/8.
2 See CCPR/C/SR.3934.
3 CCPR/C/RUS/RQ/8.
4 Rule 68 of the Committee’s rules of procedure.
5 See General Assembly resolution 68/268.

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C.

Principal matters of concern and recommendations
Constitutional and legal framework within which the Covenant is implemented
4.
The Committee is concerned at the State party’s failure to implement the Committee’s
Views under the Optional Protocol, which has been exacerbated by the current interpretationof Constitutional Court judgment No. 1248-O of 28 June 2012 and the adoption of Act No.
885214-7 amending the Constitution. The Committee expresses its concern about the absenceof a mechanism in the State party mandated with following up on the Committee’s
concluding observations and Views. The Committee regrets the lack of detailed information
on human rights training provided to members of the judiciary and the prosecution service,and on decisions by the courts of the State party, if any, in which the Covenant has been
applied (art. 2).
5.

The State party should:(a)Ensure that national legislation is in full conformity with the provisions of
the Covenant and provide an effective remedy for individuals seeking justice in theevent of a violation of the Covenant;(b)
Raise awareness of the Covenant among judges, lawyers and prosecutors
to ensure that its provisions are invoked before the national courts and taken into
account in their decisions;(c)
Revisit its position, with a view to fulfilling its obligations under the
Optional Protocol in good faith and promptly and fully implement all Views adopted
by the Committee, so as to guarantee the right of victims to an effective remedy when
there has been a violation of the Covenant, in accordance with article 2 (3) of theCovenant;(d)Establish an appropriate and effective national mechanism for reporting,
implementation and follow-up in respect of the recommendations contained in theCommittee’s Views and concluding observations.
Protection of the Covenant rights in situations of armed conflict
6.
The Committee expresses its extreme concern about the ongoing armed conflict in
Ukraine initiated by the State party, which has resulted, inter alia, in large-scale deprivationof life. In this context, the Committee is concerned about reports of, among others, excessive
use of force, killings, extrajudicial and summary executions, enforced disappearances, torture,rape and other sexual violence, arbitrary detentions, forced conscription of civilians andmassive population displacement attributable to the State party, including in the areas where
the State party exercises effective control. The Committee is further concerned about the lackof investigation of alleged violations of the Covenant committed during the armed conflicts
in which the State party has been involved, such as those allegedly committed in Tskhinvali
region/South Ossetia, Georgia and in Ukraine (arts. 2, 6 and 7).
7.
Recalling the Committee’s general comments No. 31 (2004) on the nature of thegeneral legal obligation imposed on States parties to the Covenant and No. 36 (2018) on
the right to life, the Committee reiterates and underscores that the Covenant applies
with regard to all conduct by the State party’s authorities or agents adversely affecting
the enjoyment of the rights enshrined in the Covenant by persons subject to the State
party’s jurisdiction, and urges the State party to immediately:(a)Take all measures necessary to fully comply with its obligations to protect
the right to life, including in situations of armed conflict;(b)
Ensure the full respect of all other Covenant rights for all individuals
subject to its jurisdiction, including in connection with the acts perpetrated by its agentsand other affiliated actors in the areas where the State party exercises effective control;(c)
Guarantee thorough, effective, independent and impartial investigation ofhuman rights violations committed by the State party’s agents against individuals
subject to its jurisdiction, including in the areas where the State party exercises effective

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control; prosecute perpetrators and punish them, if they are convicted, in a mannercommensurate with the gravity of the acts committed; and provide victims witheffective remedies.
Accountability for alleged human rights violations committed in the North Caucasus
federal area
8.
The Committee is seriously concerned about significant human rights violations,
including abductions, arbitrary detentions, enforced disappearances, torture and ill-treatment;
the ongoing harassment of human rights defenders, such as Marina Dubrovina, of political
opponents, and of journalists, such as Elena Milashina, and even the killing of some; thepersistent persecution of lesbian, gay, bisexual and transgender persons, such as Salekh
Magamedov and Ismail Isaev; and the practice of collective punishments, including ofrelatives and suspected supporters of alleged terrorists, human rights defenders andjournalists in the North Caucasus federal area. The Committee is further concerned about thelack of investigation of these past and ongoing serious violations, including the murder ofhuman rights defender Natalia Estemirova, and the absence of support to victims and theirfamilies, which contributes to a culture of impunity. The Committee expresses its concern
about reports of forced conscriptions for the war in Ukraine and violent suppression ofpeaceful protests against these conscriptions in the North Caucasus federal area (arts. 2, 6–7,
9 and 15–17).
9.

The State party should:(a)Ensure that all human rights violations are thoroughly, effectively,
independently and impartially investigated, that perpetrators are prosecuted, and if
convicted, sanctioned in a manner commensurate with the gravity of the acts committed,
and that victims and their families are provided with effective remedies, under article
2 (3) of the Covenant;(b)
Take all measures necessary to prevent human rights violations andimmediately end the practice of collective punishment, including of relatives andsuspected supporters of alleged terrorists, human rights defenders and journalists in
the North Caucasus federal area.
Racism, xenophobia and racial profiling
10.

The Committee is concerned about:(a)
Manifestations of hate speech, particularly during electoral campaigns, bypoliticians and religious leaders, in particular against migrants, refugees, Roma, and lesbian,gay, bisexual and transgender persons;(b)Allegations of racial profiling of persons from the Caucasus, Africa and Asiaand of Roma origin, which reportedly increased during the COVID-19 pandemic and isaggravated by the use of new technologies (arts. 20 and 26).
11.
The State party should reinforce its efforts to combat all acts of racism,
xenophobia and racial profiling by, inter alia:(a)Conducting awareness-raising activities aimed at promoting respect forhuman rights and tolerance for diversity, and eradicating stereotypical prejudices;(b)
Clearly defining and prohibiting racial profiling by law, providing law
enforcement personnel with mandatory training on the inadmissibility of racial
profiling, and ensuring that any new security-related technology is used in compliancewith the provisions of the Covenant.
Discrimination on the ground of sexual orientation and gender identity
12.
The Committee reiterates its substantial concern about institutionalized discriminationand stigmatization of lesbian, gay, bisexual and transgender persons in the State party, 6

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CCPR/C/RUS/CO/7, para. 10.
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including as a result of the 2013 law banning the dissemination of “propaganda” on nontraditional sexual relations among minors, as well as the amendment thereto, approved by the
Parliament on first reading, to ban the “denial of family values” and the “promotion”, among
persons of all ages, of non-traditional sexual orientations. It is concerned that lesbian, gay,bisexual and transgender persons are not recognized in the Criminal Code as a social groupfor the purpose of determining the aggravating circumstances of an offence, and by theconsequent failure to provide such persons with an adequate protection against violence andattacks. It is also concerned about persistent harassment of lesbian, gay, bisexual andtransgender organizations and their members, including excessive restrictions on their rightto peaceful assembly, and the complete shutdown of their activities (arts. 2, 7, 9, 17, 19, 21
and 26).
13.

The State party should:(a)Take effective measures to combat all forms of social stigmatization andharassment of, and hate speech, discrimination and violence against, persons based on
their sexual orientation or gender identity, including by providing adequate training
for law enforcement officials, prosecutors and members of the judiciary; amending the
Criminal Code to include lesbian, gay, bisexual and transgender persons as a group forthe purpose of determining the aggravated circumstances of an offence; and raisingawareness to promote respect for diversity among the general public;(b)
Ensure that cases of discrimination and violence against lesbian, gay,bisexual and transgender persons are investigated, that perpetrators are prosecuted,
and, if convicted, punished with commensurate sanctions, and that victims are provided
with effective remedies, in accordance with article 2 (3) of the Covenant;(c)Repeal the 2013 law banning the dissemination of “propaganda” on nontraditional sexual relations among minors and any other legislation stigmatizing or
discriminating against lesbian, gay, bisexual and transgender persons;(d)Ensure the full exercise of the freedom of expression and the rights tofreedom of peaceful assembly and of association for lesbian, gay, bisexual andtransgender persons.
Domestic violence
14.
The Committee is concerned about delays in adopting federal legislation prohibiting
domestic violence. It is also concerned about reports of an increase in domestic violence
during the COVID-19 pandemic, the lack of adequate services for victims, including shelters,
significant constraints faced by victims with regard to presenting their complaints, and thereluctance of law enforcement officers to prosecute acts of domestic violence (arts. 2–3, 7,
24 and 26).
15.
The State party should step up its efforts to prevent and combat domestic
violence, including by:(a)

Adopting specific federal legislation prohibiting domestic violence;(b)
Ensuring an accessible complaint process for victims, that all cases ofdomestic violence are investigated, and that perpetrators are prosecuted and, if
convicted, punished with commensurate sanctions;(c)Providing victims with access to effective remedies, protection andsupport services, such as shelters;(d)Strengthening the training of relevant public officials, including law
enforcement officials, judges, lawyers and prosecutors, on cases of domestic violence.
Sexual violence and harmful traditional practices
16.
The Committee is concerned both that marital rape is not criminalized and that a
spousal relationship is not included in the Criminal Code as an aggravating circumstance incrimes of sexual violence. It is also concerned about reports of the prevalence of female
genital mutilation and “honour killings” in the North Caucasus federal area and a lack of

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information about any specific measures taken by the State party to tackle these crimes,
including investigations and prosecutions undertaken during the reporting period (arts. 2–3
and 6–7).
17.

The State party should:(a)Take all measures necessary to combat sexual violence and harmful
traditional practices, including by ensuring the criminalization of marital rape andfemale genital mutilation, and their recognition in the Criminal Code as aggravatedcrimes of sexual violence;(b)
Ensure that all cases of sexual violence and harmful traditional practices
are investigated, that perpetrators are prosecuted and, if convicted, punished withcommensurate sanctions, and that victims are provided with effective remedies underarticle 2 (3) of the Covenant;(c)Raise awareness about the negative effects of violence against women andharmful traditional practices among the general public and the population concerned.
Counter-terrorism measures
18.
The Committee is concerned about the ambiguous definition of terrorism in the 2006
counter-terrorism act, and about a lack of clarity with regard to the crime of publicjustification of terrorism under the provisions of article 205.2 of the Criminal Code and theapplication of those provisions to allegedly target political opponents, journalists, such as
Svetlana Prokopyeva, and persons who criticize the Government, as well as reports ofincommunicado detention, torture and ill-treatment of members of groups classified as
terrorist organizations (arts. 2, 7, 9, 10, 14 and 17).
19.
The Committee reiterates its recommendations that the State party should takeall measures necessary to ensure that its counter-terrorism legislation and theapplication thereof are in full compliance with its obligations under the Covenant. 7
Torture and ill-treatment
20.
The Committee is deeply concerned about reports of torture and ill-treatment in theState party, and that the prevalence of torture and ill-treatment is exacerbated by a lack ofeffective investigation into torture complaints and into reprisals against complainants, theabsence of reliable disaggregated statistics and the absence of the offence of torture as aseparate crime in the legislation of the State party. The Committee is also concerned about
reports that, although it is prohibited by law, detainees are used to maintain order inpenitentiary facilities, and that their imposition of order reportedly includes acts of tortureand ill-treatment of other detainees. The Committee is further concerned about reports of
inadequate conditions in penitentiaries and other detention facilities in the State party and in
territories where the State party exercises effective control, and about the lack of effective
monitoring, which are conducive to the torture and ill-treatment reportedly perpetrated atthese facilities (arts. 2, 7, 10 and 14).
21.
The State party should take all measures necessary to eradicate torture and illtreatment, including by:(a)
Ensuring the criminalization of torture in its legislation, in compliancewith the Covenant and other international standards;(b)
Guaranteeing the protection of complainants against reprisals andconducting prompt, thorough, effective, transparent and impartial investigations into
all allegations of torture and ill-treatment and cases of reprisal, ensuring thatperpetrators are prosecuted and, if convicted, punished with commensurate sanctions,and that victims are provided with effective remedies;(c)
Taking measures to improve conditions of detention to comply with theCovenant and the United Nations Standard Minimum Rules for the Treatment of

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CCPR/C/RUS/CO/7, para. 13; and CCPR/C/RUS/CO/6 and CCPR/C/RUS/CO/6/Corr.1, para. 7.
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Prisoners (the Nelson Mandela Rules) and to ensure the independent monitoring of all
penitentiaries and other detention facilities;(d)
Providing law enforcement officials, members of the judiciary, publicprosecution officials and penitentiary staff with effective training programmes that
integrate international standards, including the Code of Conduct for Law Enforcement
Officials; and providing detainees with awareness-raising programmes on theprevention of torture and ill-treatment.
Asylum and non-refoulement
22.
The Committee is concerned about various problems concerning the asylum
procedure in the State party, including the risks of penalization, detention and refoulement
faced by asylum-seekers; the limited reception conditions, with no designated procedures for
persons with specific needs; the low rate of recognition of non-Ukrainian asylum-seekers;
and difficulties in integration faced by persons who have been granted temporary asylum andrecognized refugees. The Committee is also concerned that a federal bill on the granting ofasylum in the territory of the Russian Federation is still pending adoption. The Committee isfurther concerned about the application of Decree No. 330 with regard to Ukrainian orphansand other Ukrainian children without parental care (arts. 6–7, 13 and 24).
23.

The State party should:(a)Expedite the adoption of the bill on the granting of asylum in the territoryof the Russian Federation, taking into consideration comments from the Office of theUnited Nations High Commissioner for Refugees with respect to ensuring compliancewith the Convention relating to the Status of Refugees and other international
standards;(b)
Guarantee that access to formal procedures for asylum applications isavailable at all border points;(c)standards.

Ensure that Decree No. 330 is applied in accordance with international

Independence of the judiciary24.
The Committee is deeply concerned that the system of selection, appointment,
promotion, discipline and dismissal of judges raises serious doubts with respect to the
independence of the judiciary in the State party. This includes the overall power of the
President in respect of the appointment of members of the Constitutional Court and theSupreme Court, and the presidents and judges of the federal courts, as well as the expansionof the President’s competences to include the initiation of the dismissal, on vague grounds,of presidents, vice-presidents and judges of appeals and cassation courts and the appointment
and dismissal of the Prosecutor General and all the prosecutors of the constituent entities of
the State party, introduced by the constitutional amendments of July 2020. It is also
concerned that the reduction of the number of judges of the Constitutional Court, the newcompetence of the President to initiate their dismissal, and the prohibition of judges in that
Court to publish or publicly refer to their dissenting opinions may, all together, have a chilling
effect on the functioning of the Constitutional Court. The Committee is concerned that
according to surveys, the public has limited confidence in the judiciary, which is perceived
as not independent (arts. 2 and 14).
25.
The State party should safeguard, in law and in practice, the full independence,
impartiality and safety of judges and prosecutors and prevent them from being
influenced in their decision-making by any form of political pressure, including by:(a)
Ensuring that the procedures for the selection, appointment, promotion,
discipline and removal of judges and prosecutors comply with the Covenant andrelevant international standards, including the Basic Principles on the Independence of
the Judiciary and the Guidelines on the Role of Prosecutors;

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Ensuring the role of an independent body, such as the High Judicial
Council, in the appointment and dismissal of judges and prosecutors and limiting thebroad power of the President in these processes;(c)Ensuring the independent functioning of the Constitutional Court;(d)Taking all measures necessary to tackle corruption in the judiciary.

Harassment, violence and killing of opposition politicians, journalists, lawyers andhuman rights defenders
26.
The Committee is gravely concerned about the increase in the number of allegationsof harassment and violence against, and killing of, opposition politicians, journalists, lawyers
and human rights defenders, including reports that unwarranted prosecutions, psychiatricevaluations and illicit substances have been used to silence or discredit critics of thegovernment, such as opposition leader Alexei Navalny and politician Vladimir Kara-Murza,
journalist Dmitry Muratov and dissident Pytor Verzilov, or even, in the case of illicit
substances, to kill them. The Committee expresses its deep concern about the increase inreports of violence and harassment of journalists, such as Ivan Safronov, and notes reportsthat journalists writing about the war in Ukraine, such as Maria Ponomarenko, have been
particularly targeted. The Committee is further concerned about reports of lawyers, such as
Dmitry Talantov and Ivan Pavlov, facing unwarranted disciplinary proceedings and evencriminal prosecutions, in particular in connection with defending participants in anti-war
protests (arts. 1, 6–7, 9, 14 and 19).
27.

The State party should immediately:(a)
End acts of harassment of, intimidation of, unwarranted prosecution of,
poisoning of and violence against, and the killing of, lawyers, journalists, human rights
defenders and opposition politicians;(b)
Conduct thorough and independent investigations into all allegations ofharassment, intimidation, unwarranted prosecution and poisoning of, violence against
and the killing of lawyers, journalists, human rights defenders and opposition
politicians, and ensure that perpetrators are prosecuted and, if convicted, punishedwith commensurate sanctions and that victims are provided with effective remedies, inaccordance with article 2 (3) of the Covenant.
Freedom of expression
28.
The Committee is deeply concerned about the amendments to the Criminal Code,made in March 2022, which criminalize: (a) the public dissemination of knowingly false
information about the army of the Russian Federation and the exercise of powers by the
public authorities of the Russian Federation abroad (art. 207.3); (b) the public discrediting of
the army of the Russian Federation or of the exercise of powers by the public authorities of
the Russian Federation aimed at defending the interests of the Russian Federation and its
citizens and maintaining international peace and security (art. 280.3); and (c) calls for
sanctions against the Russian Federation, its citizens or legal entities (art. 284.2). The
Committee expresses its concern about the decision of the Federal Service for Supervisionof Communications, Information Technology and Mass Media, made at the request of theProsecutor General, that states that, with regard to the war in Ukraine, journalists are to report
only information provided by the Government of the Russian Federation or face fines andbeing blocked on the Internet. It is concerned about reports that thousands of Internet sites
and resources and a number of social media platforms (Twitter, Facebook and Instagram)
have been blocked and that more than 20 media outlets, both national and international, havebeen suspended, including the major independent news outlet Novaya Gazeta. The
Committee notes with great concern the dissolution of the union representing journalists andother media workers that had worked to defend the rights of media workers across theRussian Federation. The Committee is seriously concerned about the reports of harassment
against media workers and journalists, including criminal prosecution, searches of theirhomes and seizure of electronic devices, arrests, physical attacks and threats, including
against their relatives. The Committee expresses its substantial concern about limitations on

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freedom of expression, in particular with respect to anti-war statements, including in
educational institutions, as well as in public (arts. 9, 17 and 19).
29.
The State party should, as a matter of urgency, take all measures necessary toguarantee the full enjoyment of freedom of expression to all individuals, taking into
account the Committee’s general comment No. 34 (2011) on the freedoms of opinionand expression. In particular, the State party should:(a)Repeal all legislation unduly restricting freedom of expression, including
articles 207.3, 275.1, 280.3 and 284.2 of the Criminal Code, and refrain from adopting
any further restrictions incompatible with article 19 of the Covenant;(b)Promote a plurality of opinions in the media and ensure that the media
and media workers and their associations can operate free from undue State
interference, including by repealing measures providing for restrictions on and theblocking of online resources and platforms;(c)Refrain from any form of harassment of journalists, media workers andtheir families, and ensure the safe and full exercise of their right to freedom of
expression;(d)Review the detention of all journalists and media workers with regard to
the compatibility of the detention with the Covenant, and immediately release all thosedetained contrary to its provisions.
Combating extremism
30.
The Committee, recalling previous concluding observations, 8 expresses its concern
about the vague, open-ended and regularly modified definition of “extremist activity” in thefederal law on combating extremist activity, which does not comply with the principles oflegality, legal certainty and proportionality required for such legislation under article 19 of
the Covenant. The Committee is concerned about the frequent use of the law to target political
opponents, human rights defenders, journalists, religious communities, artists and lawyers inorder to limit civic space, including freedom of expression, for example through extrajudicial
blocking of Internet sites or censorship of books, songs and other artistic expression. It is also
concerned about infringements of the freedom of religion, targeting, among others, Jehovah’s
Witnesses, and the application of disproportionate sanctions for alleged infractions, forexample, the dissolution of institutions, such as the Mejlis of the Crimean Tatar People, andthe arbitrary arrest and detention of members of those institutions (arts. 2, 9, 18–19 and 26).
31.
The State party should revise the federal law on combating extremist activity
with a view to defining “extremist activity” more precisely to ensure its compliance witharticle 19 of the Covenant. The State party should ensure that both the law and its
application – to all individuals under its effective control – are in compliance with theCovenant, and in particular should refrain from arbitrary use of the law to limit civic
space, political dissent and freedom of expression and religion.
Right of peaceful assembly
32.
The Committee is deeply concerned about numerous and consistent reports ofrestrictions of the freedom of assembly, including refusal by the authorities to authorize
peaceful protests, in particular anti-war protests; the alleged arbitrary detention of hundredsof thousands of participants in peaceful protests; and the violent response of law enforcement
officials to peaceful assemblies. It is further concerned about the implications Federal Law
No. 260-FZ of 14 July 2022 may have on freedom of assembly, given the provisions thatcriminalize public calls for activities aimed against State security or at obstructing theexercise by public bodies or officials to ensure State security. It is concerned about reportsthat participation in assemblies is hampered by the use of preventive detention and by the useof facial recognition systems that are not regulated by law, including in regard to the88

CCPR/C/RUS/CO/7, para. 20; CCPR/C/RUS/CO/6 and CCPR/C/RUS/CO/6/Corr.1, para. 25; andCCPR/CO/79/RUS, para. 20.
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procedure for storing and reviewing data relating to such systems (arts. 7, 9–10, 14, 17, 19
and 21).
33.
In accordance with article 21 of the Covenant and in the light of the Committee’s
general comment No. 37 (2020) on the right of peaceful assembly, the State party should:(a)Effectively guarantee and protect the right of peaceful assembly and avoid
restrictions that are incompatible with article 21 of the Covenant, including
requirements that amount to de facto authorization of an assembly;(b)Take measures to prevent and eliminate all forms of excessive use of force
by law enforcement officers, including by providing training on the use of force, theBasic Principles on the Use of Force and Firearms by Law Enforcement Officials andthe United Nations Human Rights Guidance on Less-Lethal Weapons in Law
Enforcement;(c)Ensure that all instances of excessive use of force are promptly,
impartially and effectively investigated, that perpetrators are prosecuted, and, if
convicted, punished with commensurate sanctions, and that victims are provided witheffective remedies, under article 2 (3) of the Covenant;(d)Immediately release all persons detained in relation to participating inpeaceful assemblies whose detention is not compatible with the Covenant;(e)Refrain from the use of facial recognition systems and the practice ofpreventive detention to hamper participation in peaceful assemblies.
Freedom of association
34.
The Committee, recalling previous concluding observations, 9 expresses its deep
concern about legislation that severely restricts freedom of association, including provisions
on “foreign agents” and “undesirable” organizations. It is further concerned about the recent
expansion of these restrictions, including through the law broadening the categories of“foreign agents” to include additional groups; the law criminalizing confidential cooperation
with foreign States and international or foreign organizations; and the law extending criminal
liability to persons abroad for participating in, financing or organizing the activities of an“undesirable” organization. The Committee is concerned that the application of these laws
has led to significant restrictions on the activities of numerous human rights organizations,and even to closures, including that of Memorial, the organization that won the Nobel Peace
Prize in 2022 (arts. 14, 19 and 21–22).
35.
The State party should repeal or revise legislation that restricts freedom of
association, including provisions on “foreign agents” and “undesirable” organizations;end the prosecution and persecution of individuals and organizations based on thislegislation; and allow members of human rights organizations, including Memorial, to
exercise their freedom of association without restrictions incompatible with theCovenant.
Participation in public affairs
36.
The Committee is concerned about reports of undue restrictions on the participationof citizens in electoral processes at the federal, regional and local levels, including due to thelimitations on opposition parties with regard to organizing, registering candidates for public
office, accessing media outlets and conducting political campaigns, and about reported casesof government interference and manipulation in the elections. The Committee is concerned
about burdensome administrative procedures hampering the access required by observers andjournalists to monitor elections and about the overbroad application of the anti-extremist
legislation in order to limit the participation of political opponents. The Committee is greatly
concerned about the lack of fair trial guarantees in the proceedings leading to theimprisonment of opposition leader Alexei Navalny, including reports that his prosecution ispolitically motivated and that the conditions of his detention are putting his health and life at

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serious risk. The Committee is also concerned that the amendments to the Constitution madein July 2020 disproportionately strengthen the powers of the President at the expense of otherbranches of government and raise concerns of accountability and separation of powers in theState party (arts. 6–7, 9–10 and 25).
37.
The State party should ensure the full enjoyment of the right to participate inpublic affairs, including by opposition political candidates, and bring its electoral
regulations and practices into full compliance with the Covenant. In particular, it
should:(a)Consider revising its Constitution to ensure accountability and to strictly
adhere to the principle of separation of powers;(b)
Guarantee the freedom to engage in electoral processes and pluralistic
political debate, including by refraining from using anti-extremist legislation to exclude
opposition candidates from electoral processes;(c)
Facilitate the access necessary for independent observers, media andjournalists to monitor elections;(d)Release opposition leader Alexei Navalny, ensure that any potential
proceedings against him meet all the guarantees of fair trial stipulated in article 14 of
the Covenant and provide him with access to an effective remedy.
Violations of Covenant rights in the Autonomous Republic of Crimea and the city ofSevastopol, Ukraine, temporarily occupied by the Russian Federation
38.
The Committee, reiterating its due regard for the General Assembly resolution 68/262
on the territorial integrity of Ukraine, 10 remains gravely concerned about the reported
violations of the Covenant in the Autonomous Republic of Crimea and the city of Sevastopol,
temporarily occupied by the Russian Federation, which are under the effective control of theState party, including alleged serious violations committed against inhabitants of Crimea, inparticular extrajudicial killings, abductions, enforced disappearances, politically motivatedprosecutions, discrimination, harassment, intimidation, violence, including sexual violence,
arbitrary arrests and detentions, torture and ill-treatment, in particular to extract confessions,and psychiatric internment, and the forcible transfer or deportation of inhabitants from
Crimea to the Russian Federation, and the lack of investigation into these violations. It
expresses its deep concern about reports of interference with peaceful assemblies and civic
activism, including mass detentions of participants in peaceful assemblies; about serious
restrictions on freedom of expression, including freedom of the media; and about reported
attacks and threats against media workers, the prosecution of journalists and the blocking of
media outlets. It is also seriously concerned about allegations of discrimination against the
Crimean Tatar and Ukrainian communities in Crimea, affecting, among others, education in
their language and, with regard to the dissolution of the Mejlis, political participation. It
expresses its concern about the alleged persecutions, arrests and convictions of lawyers who
provide professional assistance to victims of political repression, and about the serious
deficiencies of the judicial system, including the suspension of public hearings under thepretext of the COVID-19 pandemic. It is gravely concerned about allegations of forced
mobilization and conscription of thousands of Crimean inhabitants, many of whom are
Indigenous people. It notes with serious concern reports of violations of freedom of religion
and belief in Crimea, including intimidation and harassment of religious communities, suchas the Orthodox Church of Ukraine and the Muslim community (arts. 1–2, 6–7, 9–10, 14,
16–19, 21–22 and 25–27).
39.

The State party should:(a)Take all measures necessary to bring all serious human rights violations
to an end, in particular extrajudicial killings, abductions, arbitrary detention, enforced
disappearances, torture and ill-treatment; investigate all allegations, prosecute

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perpetrators, and, if they are convicted, punish them with commensurate sanctions andprovide victims with effective remedies, under article 2 (3) of the Covenant;(b)
Ensure the exercise of freedom of expression and the right of peacefulassembly and association for all inhabitants of Crimea; refrain from intimidating andattacking journalists, human rights defenders and activists who are exercising theirrights; and ensure that all violations committed against members of these groups areinvestigated, the perpetrators brought to justice and the victims provided with effective
remedies;(c)
Take all measures necessary to ensure the functioning of an independent
judicial system in Crimea, including by conducting public hearings, ensure theunhindered exercise of the legal profession and refrain from any interference in theprofessional activities of lawyers defending their clients;(d)
Respect and ensure the rights of persons belonging to minorities andIndigenous Peoples, and ensure in particular that Crimean Tatars and Ukrainians are
not subject to discrimination, including with respect to education in their language andpolitical participation, in particular by reinstating the Mejlis;(e)Immediately end the practice of forced mobilization and conscription of
Crimean residents;(f)
Respect and ensure freedom of religion and belief in Crimea and refrainfrom any interference contrary to the provisions of the Covenant.
Rights of Indigenous Peoples
40.
The Committee is concerned about reports of infringements on the rights ofIndigenous Peoples in the context of extractive industry operations and other development
projects, in particular with respect to their right to participate in the decision- making processconcerning their lands and resources based on the principle of free, prior and informed
consent. The Committee expresses its concern about the dissolution of the Centre for Supportof Indigenous Peoples of the North. The Committee reiterates its previous concerns about
allegations of harassment of Indigenous human rights defenders, 11 which remain unansweredby the State party, and expresses concern about further allegations of harassment that it hasreceived, including in relation to participation of Indigenous representatives in international
forums (arts. 6, 19, 22 and 27).
41.
In line with article 27 of the Covenant, other international standards andconstitutional guarantees, the State party should:(a)Ensure the participation of Indigenous Peoples in the decision-making
process concerning their lands and resources on the basis of the principle of free, priorand informed consent;(b)Guarantee freedom of association for Indigenous people, including byreconsidering the dissolution of the Centre for Support of Indigenous Peoples of theNorth;(c)
Protect Indigenous human rights defenders from all harassment,
including in respect to their participation in relevant international forums on
Indigenous Peoples’ rights.

D.

Dissemination and follow-up
42.
The State party should widely disseminate the Covenant, the first Optional
Protocol thereto, its eighth periodic report, the written replies to the Committee’s listof issues and the present concluding observations with a view to raising awareness of
the rights enshrined in the Covenant among the judicial, legislative and administrative
authorities, civil society, non-governmental organizations operating in the country and

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CCPR/C/RUS/Q/8, para. 24.
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the general public. The State party should ensure that the periodic report and thepresent concluding observations are translated into the official and minority languagesof the State party.
43.
In accordance with rule 75 (1) of the Committee’s rules of procedure, the State
party is requested to provide, by 4 November 2025, information on the implementationof the recommendations made by the Committee in paragraphs 7 (protection of theCovenant rights in situations of armed conflict), 27 (harassment, violence and killing of
opposition politicians, journalists, lawyers and human rights defenders) and 29(freedom of expression) above.
44.
The Committee requests the State party to submit its next periodic report by 6
November 2028 and to include in that report specific up-to-date information on theimplementation of the recommendations made in the present concluding observations
and of the Covenant as a whole. The Committee also requests the State party, in
preparing the report, to broadly consult civil society and non-governmentalorganizations operating in the country. In accordance with General Assembly
resolution 68/268, the word limit for the report is 21,200 words.

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