Council Implementing Regulation (EU) 2023/1098 of 5 June 2023 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses
Date: 2023-06-05
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, human rights, international sanctions, natural person








L_2023145EN.01000101.xml










5.6.2023   


EN


Official Journal of the European Union


L 145/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2023/1098
of 5 June 2023
         
implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (1), and in particular Article 14(4) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 8 December 2020, in the Declaration by the High Representative of the Union for Foreign Affairs and Security Policy on behalf of the European Union regarding the EU Global Human Rights Sanctions Regime, the Union and its Member States reaffirmed their strong commitment to the promotion and protection of human rights around the world. The EU Global Human Rights Sanctions Regime underscores the Union’s determination to enhance its role in addressing serious human rights violations and abuses worldwide. Realising the effective enjoyment of human rights by everyone is a strategic goal of the Union. Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights are fundamental values of the Union and its Common Foreign and Security Policy.












(2)


The Union is concerned about the continuing deterioration of the human rights situation in Russia. Russia’s unjustified and unprovoked war of aggression against Ukraine has amplified internal repression in Russia, drastically limiting the freedom of opinion and expression and media freedom and introducing war censorship.












(3)


The Union continues to strongly condemn the severe expansion of restrictive legislation and systematic repression against civil society and human rights defenders, as well as the unabated crackdown on independent media, individual journalists, political opposition members and other critical voices.












(4)


The Union strongly condemns the ruling by a Moscow court to sentence the opposition politician, democracy activist and outspoken Kremlin critic Vladimir Kara-Murza to 25 years in prison on politically motivated charges. The Union calls on Russia to immediately and unconditionally release all those imprisoned for politically motivated charges.












(5)


In this context, nine persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Regulation (EU) 2020/1998.












(6)


Annex I to Regulation (EU) 2020/1998 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2020/1998 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 June 2023.


For the Council


The President

J. ROSWALL
            





(1)  
            OJ L 410 I, 7.12.2020, p. 1.




ANNEX
The following entries are added to the list of natural persons set out in section A (‘Natural persons’) in Annex I to Regulation (EU) 2020/1998:
A.   Natural persons











 


Names (Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘36.


Oleg Mikhailovich SVIRIDENKO


Олег Михайлович СВИРИДЕНКО
(Russian spelling)


Position(s): Deputy Minister of Justice of the Russian Federation
DOB: 29.7.1962
POB: Potapovka, Buda-Koshelyovsky district, Gomel region, Belarus
Nationality: Russian
Gender: male
Individual Taxpayer Number: 772704610955


As Deputy Minister of Justice of the Russian Federation, Oleg Sviridenko directly oversees the Department of Legislation and Law Enforcement in the Sphere of Non-Commercial Organizations as well as the Department of National Interest Protection from External Influence, which are responsible for enforcing the “foreign agents” legislation, including authority to decide on designations in the “Foreign Agents List”.
The “foreign agents” legislation has been at the centre of a wave of repressive laws cracking down on independent civil society, media as well as dissenting individuals, violating their freedom of opinion and expression. As a result, hundreds of NGOs and individuals, many prominent figures of Russian civil society and the Kremlin’s political opponents, including Vladimir Kara-Murza, have been included in the Foreign Agents List falling directly under Sviridenko’s responsibility within the Ministry of Justice of the Russian Federation.
Therefore, Sviridenko is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




37.


Andrei Andreevich ZADACHIN


Андрей Андреевич ЗАДАЧИН
(Russian spelling)


Position(s): Investigator of the Major Investigative Unit at the Investigative Committee of the Russian Federation; Major
DOB: 22.8.1990
Nationality: Russian
Gender: male
Individual Taxpayer Number: 771577190559


In his position as Investigator of the Major Investigative Unit at the Investigative Committee of the Russian Federation, Zadachin issued a politically motivated criminal accusation against Vladimir Kara-Murza. Zadachin also asked the court that Kara-Murza be detained and provided supporting testimony in court.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, he is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




38.


Danila Yurievich MIKHEEV


Данила Юрьевич МИХЕЕВ
(Russian spelling)


Position(s): Director of non-profit organisation “Independent expert”
DOB: 1.3.1999
POB: Moscow, Russian Federation
Nationality: Russian
Gender: male
Individual Taxpayer Number: 771577190559


Mikheev serves as an “expert witness” for the Russian government in politically motivated court cases. He acted as an expert in the politically motivated court proceedings against Vladimir Kara-Murza.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, through his activities, he is responsible for supporting the serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




39.


Denis Vladimirovich KOLESNIKOV


Денис Владимирович
КОЛЕСНИКОВ
(Russian spelling)


Position(s): Head of the Investigative Department at the Investigative Committee of the Russian Federation. Rank of Lieutenant General.
DOB: 29.6.1976
Nationality: Russian
Gender: male


In his position as Head of the Investigative Department at the Investigative Committee of the Russian Federation, Kolesnikov gave authorisation to issue a politically motivated criminal accusation against Vladimir Kara-Murza.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, in his position, he is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




40.


Diana Igorevna MISHCHENKO
(Maiden name: GARIPOVA)


Диана Игоревнa МИЩЕНКО
(Russian spelling)


Position(s): Judge of the Khamovniki District Court of Moscow
DOB: 12.5.1977
POB: Moscow, Russian Federation
Nationality: Russian
Gender: Female


In her position as Judge of the Khamovniki District Court of Moscow, Mishchenko is involved in the politically motivated court case against Vladimir Kara-Murza. She issued a sentence to approve the administrative arrest of Kara-Murza for 15 days.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, she is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




41.


Elena Anatolievna LENSKAYA


Елена Анатольевна ЛЕНСКАЯ
(Russian spelling)


Position(s): Judge of the Basmaniy District Court of Moscow
DOB: 22.1.1979
POB: Moscow, Russian Federation
Nationality: Russian
Gender: Female
Individual Taxpayer Number: 770905658030


In her position as Judge of the Basmaniy District Court of Moscow, Lenskaya is involved in the politically motivated court case against Vladimir Kara-Murza. She issued the ruling to approve the arrest of Kara-Murza for two months.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, she is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




42.


Ilya Pavlovich KOZLOV


Илья Павлович КОЗЛОВ
(Russian spelling)


Function: Judge of the Moscow City Court
DOB: 17.10.1973
POB: Moscow, Russian Federation
Nationality: Russian
Gender: male


In his position as Judge of the Moscow City Court, Kozlov is involved in the politically motivated court case against Vladimir Kara-Murza. He denied the appeal request of Kara-Murza on his administrative arrest.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Therefore, he is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




43.


Sergei Gennadievich PODOPRIGOROV


Сергей Геннадьевич ПОДОПРИГОРОВ
(Russian spelling)


Function: Judge of the Moscow City Court
DOB: 8.1.1974
POB: Moscow, Russian Federation
Nationality: Russian
Gender: male
Address
Shmitovskiy Proyezd, 16c2, Moscow, Russia, 123100. Apartment 52.
(Шмитовский пр-д, 16с2, Москва, Россия, 123100. Квартира 52)


In his position as Judge of the Moscow City Court, Podoprigorov is involved in the politically motivated court case against Vladimir Kara-Murza. He chaired the collegium of Judges at the Moscow City Court who on 17 April 2023 sentenced opposition activist Kara-Murza to 25 years in high-security prison/labour camp.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
Previously, Podoprigorov, as a Judge at Moscow’s Tverskoi district court, made two rulings in relation to Sergei Magnitsky, who exposed corruption and misconduct by Russian government officials, and was later persecuted and died in Russian prison.
Therefore, he is responsible for serious human rights violations in Russia, including violations of freedom of opinion and expression.


5.6.2023




44.


Dmitriy Viktorovich KOMNOV


Дмитрий Викторович КОМНОВ
(Russian spelling)


Function: Lieutenant Colonel, Head of Moscow pre-trial detention centre SIZO-5 “Vodnik”.
DOB: 17.5.1977
POB: Kashira Region, Moscow, Russian Federation
Nationality: Russian
Gender: male


Komnov is a senior officer of the Russian penitentiary system. He is Head of Moscow pre-trial detention center SIZO-5 “Vodnik”, where Vladimir Kara-Murza is being held.
Kara-Murza is a prominent opposition activist in Russia. Politically motivated court proceedings based on false allegations started against him in 2022 after he accused the Kremlin of committing war crimes in Ukraine and publicly condemned Russian aggression. In April 2023, he was sentenced to 25 years in a high-security prison/labour camp. The court proceedings against him targeted his activism and served as a show trial in Russia to suppress voices critical of the ruling regime in voicing opposition to the war of aggression against Ukraine. The Russian regime is using the judiciary of the country as a widespread tool in numerous serious human rights violations. The justice system is not independent and is used to systematically and severely violate the human rights of individuals opposed to the ruling regime, by violating their freedom of opinion and expression.
The health condition of Kara-Murza has considerably deteriorated since his detention began in April 2022. Komnov is responsible for the degrading treatment of Kara-Murza as he was sent to a punishment cell in spite of a severe nerve disorder caused by two earlier poisonings.
The ill treatment of Kara-Murza in the pre-trial detention center managed by Komnov confirms the pattern of established practice of inhumane treatment of detained opponents of the regime. He was the warden of «Butyrka» pre-trial detention center at a time when unbearable conditions led to the death of anti-corruption activist Sergei Magnitsky.
Therefore, Komnov is responsible for serious human rights violations in Russia, including degrading treatment and violations of freedom of opinion and expression.


5.6.2023’