HUMAN RIGHTS OMBUDSMAN GIVEN ADDITIONAL POWERS

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 011834

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/20/2016
TAGS: PGOV KDEM PHUM PREL RS
SUBJECT: HUMAN RIGHTS OMBUDSMAN GIVEN ADDITIONAL POWERS


Classified By: DCM Daniel A. Russell: 1.4 (b) and (d).


1. (SBU) Summary. On October 16, President Putin signed into
law amendments to the Federal Constitutional Law on the Human
Rights Commission, which considerably broaden the Human
Rights Ombudsman Office's powers. The new legislation gives
the Ombudsman the right to propose parliamentary probes into
reported mass or flagrant human rights abuses, and to call
for Duma hearings into the violations of citizens' rights.
While calling the development positive, human rights
activists believe the Ombudsman will be too cautious in
approaching the Duma. Our experience is that Lukin is no
rubber-stamp and will likely use his new powers
pragmatically. End Summary.

--------------
Human Rights Ombudsman's New Powers
--------------


2. (SBU) The new law was passed in quick succession by the
State Duma on September 22, the Federation Council on October
6, and signed by Putin on October 16. According to the law,
in cases of mass or flagrant violations of rights and
freedoms guaranteed by the Russian Constitution, the
Ombudsman can now propose that the State Duma create a
parliamentary commission to investigate the facts and
circumstances of the alleged human rights abuse. Secondly,
he has the right to participate in meetings of both houses of
parliament when they present the final results of an
investigation. Thirdly, he can call for State Duma hearings
into violations of citizens' rights and freedoms and
participate in such hearings.


3. (SBU) Human Rights Ombudsman Lukin reported that these new
powers were a long time coming. Since 1997, there has been a
provision in the Russian Constitution that allows the
Ombudsman to propose initiatives in the event of mass or
flagrant human rights abuses, in particular to suggest that
the Federal Assembly conduct an investigation. However,
there was no federal legislation for realizing that
provision, which led to confusion in the past. About two
years ago, when Lukin asked the State Duma to conduct a
meeting to consider an investigation into human rights abuses
in Bashkiriya, it refused, saying that he did not have the
legal authority to make such a request. Lukin said the new
law makes it absolutely clear that the initiative in such
cases now belongs with the Ombudsman.


4. (SBU) Lukin added that there were other draft provisions
before the Duma that have not yet been accepted. For
instance, his office has proposed including in the Human
Rights Commission Law and in the Criminal-Procedural Code a
provision on the administrative responsibility of the
authorities if they choose to ignore the Ombudsman's opinion.
Such a law has been adopted in several regions and has
worked well, he said. Another example is the law on prison
inspections, which passed the first reading several years
ago, but has been shelved. Under that law, the Ombudsman
would play an active role in the inspections.

--------------
NGO Reactions
--------------


5. (C) President of the Center for the Development of
Democracy and Human Rights Yuriy Dzhibladze told us that the
new law was a positive development from a legal and political
perspective, given the "limited powers that the Ombudsman has
under the law in general." However, he questioned how much
the new mechanism will be used in practice. He explained
that the creation and powers of parliamentary investigation
commissions in the State Duma are not well-regulated by law,
and generally the Duma (as well as the Presidential
Administration, which effectively controls the Duma) is
reluctant to create such commissions for fear of negative
political consequences. He pointed to the Beslan commission,
which has delayed publishing its report several times.
Dzhibladze added that Lukin tends to be cautious and will not
do anything to irritate the Presidential Administration; he
would "always talk to them first before making a bold move."


6. (C) Both human rights NGO Sova Deputy Director Galina
Kozhevnikova and Memorial's Grigoriy Shvedov thought that the
Duma will find a way to ignore the new provisions and that it
is unlikely the Ombudsman will ever invoke them without prior
approval by the Presidential Administration. Moscow Carnegie
Center Scholar-in-Residence Nikolay Petrov agreed that Lukin
was unlikely to antagonize authorities with his new powers,
which will be used more as a threat than in reality.

--------------
Comment

MOSCOW 00011834 002 OF 002


--------------


7. (C) While it is a positive development that the Human
Rights Ombudsman's powers have been expanded, it remains to
be seen whether or not they will be invoked. Lukin is not as
outspokenly critical as many civil society activists would
like, but he is not a rubber-stamp Ombudsman. He will likely
use his new powers pragmatically to subtly influence his
dealings with the Kremlin and Duma. He has taken important
stands on key human rights issues, and has a well-developed
sense of what is realistically doable in today's Russia. End
Comment.
BURNS