Lawyers explain to ECtHR liquidation circumstances of the HRC "Memorial"*

The liquidation of the Human Rights Centre "Memorial" as a "foreign agent" was not in line with the legislation and was not necessary, says the observation sent to the European Court of Human Rights (ECtHR) by a "Memorial"* lawyer.

The "Caucasian Knot" has reported that on November 9, 2022, the Moscow Cassation Court upheld the decision to liquidate the HRC "Memorial"*. In July this year, the liquidation decision was appealed against to the ECtHR.

Despite Russia's refusal to enforce ECtHR's decisions, on September 25, the ECtHR communicated the complaint about the liquidation of the HRC "Memorial"*. In its request, the ECtHR clarified whether the articles on the freedom of expression and the freedom of assembly (Articles 10 and 11 of the European Convention on Human Rights (ECHR)) were violated in connection with the assignment of the status of "foreign agents" and "undesirable organizations" to human rights organizations. The response sent to the ECtHR by the HRC's lawyer indicated that both articles had been violated, and the Russian law on foreign agents fails to meet the requirements of clarity and predictability.

"The nature and severity of the punishments were disproportionate and constituted a form of censorship," the "Memorial" Centre for Human Rights Defence has stated.

The observation states that the liquidation of the HRC had political motives.

"The imputed formal violations of labelling requirements were only a cover for the real reason for the attempt to destroy the "Memorial", that is the suppression of any criticism of the authorities," said the lawyer, Zhargal Budaev, who represents the "Memorial" at the ECtHR.

*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.