Russische anti-terreurwetgeving beperkt vrijheid van vereniging - Raad van Europa stelt vragen (en)

Strasbourg, 06.12.2005 - "The proposed amendments to the Russian Federation laws regulating the freedom of assembly are pursuing legitimate objectives of combating terrorism and money laundering." said Terry Davis, Secretary General of the Council of Europe, in a statement today. But to comply with the European Convention on Human Rights, any restriction on the freedom of assembly must not go beyond what is necessary and proportionate to achieve these legitimate goals.

The Council of Europe has now prepared an opinion at the request of the Russian Federation and submitted it for their consideration.

Frankly, it looks to us as if some aspects of these amendments, concerning administrative and fiscal requirements for the registration of non-governmental and non-profit organisations, participation of foreign nationals and minors, and the authorities' powers of supervision over NGO activities and over the grounds for their dissolution are too restrictive.

It goes without saying that the Council of Europe is ready to follow up on this advice to the Russian authorities if they want to take advantage of our expertise. Meanwhile, I should like to emphasise that I see their previous request for our advice as a clear sign of the determination of the Russian authorities to dispel any ambiguities with regard to the compliance of the new legislation with the Council of Europe's legal standards.

I would also encourage other countries to follow their example and seek Council of Europe advice on the compatibility of their legislation and administrative practice with the European Convention on Human Rights. "This procedure, which was formally endorsed by the Committee of Ministers in May 2004, is particularly relevant in the context of the fight against terrorism" the Secretary General said.

Full text of the provisional opinion

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