Complaint about liquidation of HRC "Memorial"* sent to ECtHR

The decision to liquidate the Human Rights Centre (HRC) "Memorial"* was appealed against at the European Court of Human Rights (ECtHR); in the complaint, the lawyers pointed out the violation of six articles of the European Convention on Human Rights (ECHR). Despite the fact that Russia ignores the ECtHR's decisions, they are important for confirming the systemic problems existent in the country, said Zhargal Budaev, a lawyer with the "Memorial" Centre for Defence of Human Rights.

The "Caucasian Knot" has reported that on November 9, 2022, the Cassation Court in Moscow upheld the decision to liquidate the HRC "Memorial", adopted by the Moscow City Court on December 29, 2021, at the lawsuit of the Moscow City Prosecutor's Office and supported by the Court of Appeal on April 5, 2022. In June, 2023, the team of the liquidated HRC created a public organization without forming a legal entity – the "Memorial" Centre for Defence of Human Rights. On February 28, 2022, the Board of Appeal of the Russian Supreme Court (SC) upheld the decision to liquidate the "International Memorial"*, and it came into force.

Zhargal Budaev, a lawyer with the "Memorial" Centre for Defence of Human Rights, has filed a complaint with the ECtHR against the decision to liquidate the HRC "Memorial". "Our arguments are still the same – persecution of human rights defenders in Russia has nothing to do with the law and only seeks to suppress uncomfortable voices, which should not happen in a democratic society," the "Memorial" Centre for Defence of Human Rights has quoted him as saying in its website.

It is noted that the liquidation of the HRC "Memorial"* is an interference with the right to the freedom of association, which is not provided for by the law and violates Articles 10 and 11 of the ECtHR. In particular, the ECtHR has recognized that the law on foreign agents does not comply with the requirements of the ECtHR. At the same time, the HRC "Memorial"* conscientiously indicated that it was on the register of non-commercial organizations (NCOs)-foreign agents.

The lawyers have pointed out that "Memorial"* was subjected to discriminatory treatment – it was unreasonably liquidated due to the foreign funding thereof and its attitude to authorities.

"The organization was liquidated primarily as a punishment for its criticizing authorities' actions, and in order to prevent such criticism in the future," the website of the "Memorial" Centre for Defence of Human Rights has stated.

Zhargal Budaev has stressed that, despite Russia's withdrawal from the European Convention, the ECtHR is still considering complaints against the state and issuing rulings on them.

*On December 29, 2021, by the decision of the Moscow City Court, the Russian legal entities of the "International Memorial" and the Human Rights Centre (HRC) "Memorial" were liquidated. Activists of the organizations have reported that both organizations will continue their work without forming legal entities.