United Nations experts have condemned the recent decision by the Russian Constitutional Court to dismiss challenges against laws criminalizing any public act seeking to discredit the Russian Armed Forces. These new laws, enacted amidst the persisting Russia-Ukraine War, have enabled Russian authorities to arrest over 20,000 people voicing opposition to Russia’s military efforts.
The Constitutional Court adopted thirteen resolutions on May 30, effectively rejecting 24 cases filed against Article 20.3.3 of the Administrative Offenses Code and Articles 207.3 and 208.3 of the Criminal Code. It argued that special circumstances warranted these new laws, emphasizing that ‘subjective’ and ‘arbitrary’ doubts about the intentions of the state vis-à-vis national interest contravene the rule of law.
The UN experts expressed serious concerns about the implications of this decision on various legal cases involving individuals who have expressed criticism or participated in demonstrations against the war in Ukraine.
The experts pointed out that the Russian Constitution, particularly Article 29, safeguards the right to freedom of speech and expression and prohibits censorship. They highlighted that the entrenched law serves no other purpose than to silence critical expression related to the Ukraine war.
The laws in question were introduced in March 2022 in response to the Russian invasion of Ukraine as amendments to the Criminal Code of the Russian Federation, the Criminal Procedure Code, and the Code of the Russian Federation on Administrative Offences. Under the new jurisdiction, anyone found to discredit the use of the Armed Forces of the Russian Federation could face up to fifteen years in prison and a fine.
In stark contrast, domestic and independent media houses were compelled to cease reporting on the war with the advent of these laws. The UN experts revealed that, since the laws’ genesis, 20,000 persons protesting the war in Ukraine have been arrested, with an additional 700 persons arrested for actions deemed to ‘discredit’ the Russian Armed Forces. [more details]