irwi99 (irwi99) wrote,
irwi99
irwi99

SIGN THE PETITION to the protest against the "Federal financial monitoring list"

экстр0SIGN THE PETITION TO THE UNITED NATIONS TO PROTEST AGAINST THE "FEDERAL FINANCIAL MONITORING LIST" - A LIST OF RUSSIAN CITIZENS DEPRIVED OF THEIR RIGHT TO HAVE AND TO EARN MONEY FOR LIFE !

Unprecedented political repressions are unfolding in our country under cover of execution of international agreements and standards adopted under the authority of UN by Russia.

Unprecedented political repressions are unfolding in our country under cover of execution of international agreements and standards adopted under the authority of UN by Russia.

Approximately since 2008 the executive body in Russia formed by the President - the Federal Financial Monitoring Service began to make up the "List of terrorists and extremists". There also exists a closed for public part of this list. From July, 01, 2013 new statements of the Federal Law No. 115 "On Combating Legalisation Laundering of Illegally Gained Income and Financing of Terrorism" came into force at the territory of Russian Federation. Basing on this law and the FATF Recommendations, banks and other organizations dealing with non-cash financial transfers have blocked completely the possibility to obtain any income in any amount and for any purposes, including salaries, retirement or disability pension, family allowance, children's allowance, unemployment benefits, etc, for RF citizens included into the List. It is prohibited to pay taxes, housing and education fees, including those for children, by the blocked funds. Not a single bank in Russian Federation opens so-called "salary cards" – accounts in the form of a plastic card established by an employer for transferring salaries – for persons included into the List. "Salary cards" are used by accountant offices of the absolute majority of Russian enterprises and companies. I.e., RF citizens included into the List cannot work legally.

Since September 2013 the Movement in defense of persons aggrieved by the Federal Financial Monitoring Service actions collects information on certain Russian citizens left destitute without means of support and without a possibility to earn money officially. Read the examples given below, and you will see that these List subject are as close to commiting or attempts of commtting terrorist acts today as the "Greenpeace" activists accused by the Russian authorities to piracy, even if these citizens had been sentenced for a "terrorist act" by Russian law.

We ask the United Nations High Commissioner for Human Rights, the Senior Human Rights Counsellor under United Nations system in Russian Federation, the Ombudsman for Human Rights in the Russian Federation to express their position officially on violation by Russian authorities of the International Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights adopted under the UN authority in 1966, which the Russian Federation is a Party of.

More detailed information and documents are given here: "Movement in defense of persons aggrieved by the Federal Financial Monitoring Service actions"


To:
Ms. Navanethem Pillay
The United Nations High Commissioner for Human Rights Office
CH-1211 Geneva 10
Switzerland
civilsociety@ohchr.org

Mr. Richard Comenda
The Senior Human Rights Counsellor
under United Nations system
Office in Russian Federation
Leontievsky lane 9
Moscow 125009 Russia
unic.moscow@unic.org

Mr. V.P.Lukin
Ombudsman for Human Rights
in the Russian Federation
Myasnitskaya 47
Moscow 101000 Russia
ombudsmanrf@ropnet.ru

Application

The Movement in defense of persons aggrieved by the Federal Financial Monitoring Service actions draws your attention to unprecedented violation of citizens' rights by official authorities in the Russian Federation. The Russian authorities violating generally recognized international rules state they are acting in the name of implementing documents accepted by the UN Security Council.

After the tragic events in the United States of America on September, 11, 2001 the UN Security Council adopted the Resolution 1373 (2001) appealing to the participating states to form national lists of persons committing or trying to commit terrorist acts and to take measures to cancel any financial flows of such persons for provision of financing for terrorist activity.

Pursuant to this Resolution and principles of the International Convention for the Suppression of the Financing of Terrorism adopted by the United Nations General Assembly, the Financial Action Task Force on Money Laundering [FATF] Expert group recommendations were supplemented. In particular, standards were offered to participating states on freezing of funds and property of persons who commit or try to commit terrorist acts, on confiscation of such funds and property, on admissibility of banks' and similar organizations' refusal to open non-cash accounts for these persons.

Approximately since 2008 the executive body in Russia formed by the President - the Federal Financial Monitoring Service began to make up the "List of terrorists and extremists". Only in 2011 this list was officially published and is now permanently located here (with regard to Russian individuals): http://fedsfm.ru/documents/terrorists-catalog-portal-add. There are about 3000 Russian citizens in the List, and it grows monthly. There also exists a closed for public part of this list. From July, 01, 2013 new statements of the Federal Law No. 115 "On Combating Legalisation Laundering of Illegally Gained Income and Financing of Terrorism" came into force at the territory of Russian Federation. Basing on this law and the FATF Recommendations, banks and other organizations dealing with non-cash financial transfers have blocked completely the possibility to obtain any income in any amount and for any purposes, including salaries, retirement or disability pension, family allowance, children's allowance, unemployment benefits, etc, for RF citizens included into the List. It is impossible to get an insurance reimbursment for injured in a traffic accident or by mischance or a benefit under non-state medical insurance in the case of disease. It is prohibited to pay taxes, housing and education fees, including those for children, by the blocked funds. For example, it is impossible to pay a state legal charge exceeding 15.000 roubles in any organization dealing with non-cash financial transfers – and thousands of citizens included into the List are deprived of access to justice. Not a single bank in Russian Federation opens so-called "salary cards" – accounts in the form of a plastic card established by an employer for transferring salaries – for persons included into the List. "Salary cards" are used by accountant offices of the absolute majority of Russian enterprises and companies. I.e., RF citizens included into the List cannot work legally.

The procedure of including citizens into this List is regulated by the Government of RF orders Nos. 27 and 425. The state security agency offering the Federal Financial Monitoring Service to include a certain person into the list and the Federal Financial Monitoring Service [FFMS] itself are the only bodies participating in the process of a including a person into the FFMS list. A person included into the list usually learns it at an attempt to get his/her salary or social benefit. It is characteristic that banks and other non-cash funds keepers are prohibited to inform such a person that he/she was included into the List of terrorists and extremists and that he/she can see his/her name at the official website. There were cases that it took a person included into the List many days to find out what had happened.

Since September 2013 the Movement in defense of persons aggrieved by the Federal Financial Monitoring Service actions collects information on certain Russian citizens left destitute without means of support and without a possibility to earn money officially. Read the examples given below, and you will see that these List subject are as close to commiting or attempts of commtting terrorist acts today as the "Greenpeace" activists accused by the Russian authorities to piracy, even if these citizens had been sentenced for a "terrorist act" by Russian law.

In 2003 Olga Nevskaya, Larisa Romanova and two other young ladies were convicted for a "terrorist act". The court has acknowledged them guilty of the explosion near the Federal Security Service presence chamber in Moscow and of explosion of the Tsar monument in Podolsk which had happened in 1998 and 1999. The explosions happened in the dead of night, far from living residence, no one was injured, the monument was destroyed as it had been a gypsum figure. The presence chamber walls and window glasses of offices located nearby were damaged. Both convicts had served long imprisonment terms in penal colonies. After her release Mrs Nevskaya has found a job, however, already in a month she has been fired only because the bank where her employer opened "salary cards" refused her to open an account. It happened yet in 2009, long before the "Terrorists List" publication. In 2013 Mrs Nevskaya gave birth to a child. All banks of the city where she was registered for obtaining social benefits refused to open an account for Nevskaya to obtain her children's allowance.

Mrs Romanova was released in 2005, and in 2007 her family was registered as a large family (today she has 4 children). At the same time Mrs Romanova has opened a bank account for obtaining her social benefits. But, soon the bank employees began to detain her children's allowance for 3-5 days without giving any reasons; it lasted near 5 years. In September 2013 the bank refused to give out children's allowance at all having pointed that children's allowance would be charged to her account but it is prohibited to give it out for Mrs Romanova's family expenses. The Federal Financial Monitoring Service has replied to Mrs Romanova's complaint that freezing of all her family's funds is bases on the law No.115, the Russian Government orders and international agreements of Russian Federation.

It is characteristic that: 1) for several years of Nevskaya's and Romanova's freedom the Russian authorities have not applied any claims against their funds expenses; 2) in 2011 the European Court for Human Rights has acknowlwdged that the ladies' right for just trial examination had been violated under their criminal case, and now their sentence is overturned. Mrs Romanova was unable to get a part of her compensation adjudged by the European Court by the reason of her funds freezing.

Frequently, the measure applied upon citizens convicted for so-called "extremism" is much more severe than the punishment they had been sentenced to by the court.

Thus, Marcel Shakirov was included into the List who had been sentenced to 100 hours of correctional labour for posting extremely negative statements about Central Asia inhabitants at his page in a social network. At the moment of this action Shakirov was 17 years old (a minor by Russian law).

There are Dmitry Shabashov and Tatyana Tarasova named in the list; the first one was sentenced to 260 hours of obligatory labour, and the second one to conditional (probationary) imprisonment. Mr Shabashov was convicted for reposting a video containing neganive estimations of persons of Tadjik nationality. Mrs Tarasova was convicted for an article on reasons of female suicide bombers' actions published in the Internet. Both figurants have repented of their publications. As regard to Mrs Tarasova, the court has acknowledged her action had lost any public significance as long as the trial has taken place 4 years after the publication.

Heated with the dispute if the Pomors [North Russia coast-dwellers] are an ethnic group or a community living at the North of Russia, Ivan Moseev has applied the epithet "cattle" upon his converstion partner and similar persons. For that Mr Moseev was sentensed to a fine, whereafter he found out to be included into the "Terrorists List". His account was blocked, moreover, he failed even to pay out the adjudged fine to full extent from his blocked account. For a similar swear-word ("cattle") Evgeniy Novozhilov who is also included into the List is waiting for delivery to a mental hospital for compulsory treatment. His "salary card" was blocked.

Pavel Khotulev and Mikhail Sharov residing in the Russian republic of Tatarstan were also included into the "Terrorists List". Mr Khotulev had expressed his dissatisfaction with Tatarstan ethnocracy in the Internet considering that his son had been forced to study Tatar language at school. A video with negative estimations of a national group aged to 10 years before was found in Mr Sharov's personal computer. The first one was sentenced to a fine, and the second one to correctional labour. Mr Khotulev had his "salary card" blocked, Mr Sharov has turned out to be deprived of his unemployment allowance as a result of banks' refusal to open an account.

In 2008 Olga Komarova, Tatyana Kharlamova and Ekaterina Kushnir together with other people took part in a protest action against Russia's omission in the field of defense of rights of Russian population abroad. The action concluded to that several persons locked themselves in an office room of the Foreign Ministry of RF, hanged out a slogan and distributed leaflets; nothing was damaged in the office. These citizens were quite peacefully extracted from the office and fined, and soon they were convicted by a criminal charge of participation in an extremist organization and fined additionally – for political activity they had practised before, too. Recently it was found that these three ladies from amongst the action in the Foreign Ministry of RF participants had been included into the "Terrorists List".

Russian law No.115 allows freezing of funds movement against any person, it is not necessary that this person was charged or convicted for any crime. It is sufficient that the very FFMS or the credit organization find the person "suspected" by themselves.

Thus, for example, the prosecutor office has applied to the court to acknowledge the writer and publicist Oleg Gusev's two books as extremist ones. The court refused to find his first book extremist; as regard to the second book the issue is not solved yet. Nevertheless, in September 2013 Mr Gusev's bank account was blocked by the FFMS order, and he was prohibited to open an account in any bank. Oleg Gusev is not included into the "Terrorists List". He is 72 years old, he obtained his retirement pension which was his only source of subsistence from his bank account. It took Mr Gusev a lot of days to find out what had happened to his pension allowance as long as the bank employees refused to clarify him anything.

Cases are already known that excluding citizens from the List did not affect their rights restoration. For example, Yulia Privedennaya excluded by the FFMS from its List in the view of her criminal record quashing has her bank account still blocked. This lady cannot obtain her insurance benefit having suffered in a traffic accident.

Recently the FFMS chief (the very same Russian representative in the FATF) stated in mass media that relatives and "close ones" of "terrorists" would also be deprived of all their property. Discussions have already taken place at official TV channels on taking away property from relatives of "terrorists" to reimburse damage of crimes. The relevant law is already adopted by the State Duma of RF.

Taking into account this law, taking into account the Russian "terrorists" list growth rate and taking into account the principles according to which the authorities put the "terrorist" label upon a citizen – dozens of thousands of homeless, including children and elderly persons, would appear in Russia soon – as long as almost all Russian population had "privatized" their flats where they had been residing from the Soviet era. The only guilt of these "relatives and close ones" would be relationship or acquaintance with a person formally charged of a number of articles of the country's criminal law, irrespective of what had really happened, irrespective of actions consequences or the culprit's intentions. We would especially like to know if such situation is really possible by the United Nations approval.

There is no escaping the impression that unprecedented political repressions are unfolding in our country under cover of execution of international agreements and standards adopted under the authority of UN by Russia. Besides, a convenient situation is created for new growth of amount of officials "fighting" terrorism financing – and so, for additional vast assignments from the budget for their activity.

At the same time, the efficiency of described above fighting against terrorism financing is rather questionable. The International Convention for the Suppression of the Financing of Terrorism contains principles of application of a number of measures when it is terrorist activity that is left without financial base but not thousands of people, even if convicted, are doomed to status of unemployed and deprived of all sources of subsistence, frequently, together with their families.
After-penal repeated relapse into crime among the persons convicted fot "terrorism" and "extremism" is not investigated by Russian authorities; the influence of certain persons from the List upon social processes is unknown. It cannot go unnoticed that citizens convicted for so-called "extremism" are included into the Russian "Terrorists List". This crime disposition is very vague in the law, and no similar term exists in the international law. But the FFMS disqualifies "extremists" basing on international rules!

We ask the United Nations High Commissioner for Human Rights, the Senior Human Rights Counsellor under United Nations system in Russian Federation, the Ombudsman for Human Rights in the Russian Federation to express their position officially and to direct it as a written reply to this appeal to the address: Krasnogo Mayaka-18-2-50, Moscow, 117570, Russia, as well as to the Movement in defense of persons aggrieved by the Federal Financial Monitoring Service actions e-mail: zagrprava@gmail.com.

Namely, we ask to express your position on clear or probable violation by Russian authorities, and the FFMS in particular, while applying the described above techniques of fighting terrorism, among other, concerning the persons whose cases are described here, - of the International Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights adopted under the UN authority in 1966, which the Russian Federation is a Party of.
At least, the following statements of the Covenants are kept in view:

- the Articles 2, 26 of the International Covenant on Civil and Political Rights stating prohibition of discrimination under any status and guarantee of effective legal remedy and development of judicial remedy;
- the Article 14 of the International Covenant on Civil and Political Rights stating that no one shall be liable to be punished again for an offence for which he has already been finally convicted;
- the Article 4 of the International Covenant on Economic, Social and Cultural Rights stating that limitations of rights stated in this Covenant should be compatible to the nature of these rights;
- the Article 6 of the International Covenant on Economic, Social and Cultural Rights stating the right of each person to the opportunity to gain his living by work which he freely chooses or accepts, and the state's guarantee to take appropriate steps to safeguard this right;
- the Article 7 of the International Covenant on Economic, Social and Cultural Rights stating guarantee of remuneration for work, notably that renumeration providing decent living for workers and their families;
- the Article 11 of the International Covenant on Economic, Social and Cultural Rights stating guarantee of an adequate standard of living.

Related Publications in the media:
http://www.svoboda.org/content/transcript/25159830.html
http://rusplt.ru/society/ekstremistov-porazyat-v-imuschestvennyih-pravah.html
http://www.svoboda.org/content/article/25144275.html
http://police-russia.info/index.php/2013/10/12/pravozashhitnik-aleksej-baranovskij-nazval-legkimi-dengami-borbu-s-ekstremizmom/
http://zagr.org/1428.html
http://www.apn-spb.ru/news/comments14507.htm
http://www.kasparov.ru/material.php?id=524FFBEED15D0
http://forum-msk.org/material/economic/10066316.html

Video:
http://www.youtube.com/watch?v=CUB1gKucwEE&feature=share
The new Russian law against former extremists. No work, no money, no benefits. - http://www.youtube.com/watch?v=nONVmHpdu1Q&feature=share

More detailed information and documents are given here:
https://www.facebook.com/groups/against115/

Tags: extremism, human rights violations, petition, terrorism, нарушение прав человека, петиция, терроризм, экстремизм
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