International experts supported OVD-Info and a coalition of lawyers in an attempt to repeal the defamation clause. Let's analyze their arguments

Russians who oppose the war in Ukraine are systematically charged with an administrative article about discrediting the Russian armed forces and the activities of government bodies (Article 20.3.3 of the Administrative Code). It became the most widespread instrument of anti-war repression. to According the department at the Supreme Court, in 2022 Russians were fined more than 151 million rubles under this article.

Reasons for drawing up protocols include single pickets, posts on social networks, anti-war avatars, voice messages in instant messengers, clothing in the colors of the Ukrainian flag and conversations with passers-by.

In April 2023, OVD-Info lawyers, lawyers collaborating with the project, as well as colleagues from Rus Sidyashchaya and Memorial appealed to the Constitutional Court of Russia demanding the repeal of the defamation article. They filed 21 complaints in cases related to administrative prosecution under this provision of the Administrative Code. On June 20, some of the complaints were rejected . In the rulings, the court indicated that the article on discredit does not contradict the Constitution, so there is no need to consider complaints in court.

Lawyers for the coalition consider the norm discriminatory, since punishment is provided only for critical assessments of the Armed Forces. Approval of a “special operation,” on the contrary, is encouraged. This article violates the principles of freedom of speech, conscience and assembly enshrined in the Constitution.

Lawyers from international organizations share the same position. They prepared three documents in which they explained why prosecution under the article of “discrediting the army” should be considered illegal and how such cases were resolved in international practice.

Violation of international treaties

The authors of one of the expert opinions are the International Bar Association's Human Rights Institute (IBAHRI), the human rights organization Lawyers' Rights Watch Canada (LRWC) and former ECHR judge from Germany, former expert of the OSCE Moscow Mechanism Angelika Nussberger. They draw attention to the fact that the administrative article on discrediting violates the rights of citizens to freedom of speech guaranteed by the Constitution of Russia. Moreover, it does not comply with international law standards. The Constitution says that Russia undertakes to comply with international agreements.

Among those norms that the article on discredit does not comply with, the authors of the opinion cite the International Covenant on Civil and Political Rights, which the USSR ratified in 1973.

Article 14 of this covenant guarantees the equality of all citizens before the courts: “Everyone has the right, in the determination of any criminal charge brought against him or in the determination of his rights and obligations in any civil proceedings, to a fair and public hearing by a competent, independent and impartial tribunal.” created by law." According to experts, people who are tried in Russia within the framework of the discussed norm are deprived of the opportunity for a fair trial.

In addition, the authors refer to the fact that Art. 20.3.3 The Code of Administrative Offenses violates the Vienna Convention on the Law of Treaties, ratified by Russia in 1986. Article 26 of this convention reaffirms a fundamental principle of treaty law: existing treaties are binding on member countries and must be respected in good faith. Lawyers note that no state, according to this document, can refer to the provisions of domestic legislation, thus justifying non-compliance with obligations.

The authors of the conclusion note that Russia ceased to be a party to the European Convention on Human Rights only from September 16, 2022. An article about discrediting the armed forces and government bodies appeared in the Code of Administrative Offenses almost immediately after the start of the full-scale invasion of Russian troops in Ukraine - on March 4, 2022. At that time, Russia was still obliged to fulfill the obligations imposed on it by the European Convention.

That is, by signing international treaties, Russia took upon itself the responsibility to ensure citizens freedom of speech and assembly. Experts emphasize that according to the Universal Declaration of Human Rights, freedom of speech and assembly can only be limited to ensure the right to liberty for another person and to “satisfy the just demands of morals, public order and the general welfare in a democratic society.”