A/S LOWENKRON'S MEETING WITH RUSSIA HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 000797 SIPDIS SIPDIS E.O. 12958: DECL: 01/20/2016 TAGS: PGOV PHUM PREL SOCI RS SUBJECT: A/S LOWENKRON'S MEETING WITH RUSSIA HUMAN RIGHTS OMBUDSMAN VLADIMIR LUKIN Classified By: Ambassador William J. Burns. For reasons 1.4 (b and d). ¶1. (C) SUMMARY. In a January 18 meeting with DRL A/S Lowenkron and the Ambassador, Human Rights Ombudsman Vladimir Lukin said that his office has seen an increase in complaints of human rights violations. Lukin highlighted his office's critical analysis of the first draft of the NGO law, saying that later analysis from the Presidential Administration mirrored many of his office's concerns. Lukin said that foreign and domestic criticism could have been avoided had legislators taken into account feedback before introducing legislation. He identified the ambiguity of the phrase "improper activity" in the NGO law as particularly worrisome and would not rule out further amendments to the law. A/S Lowenkron expressed USG concern with the law, both in its draft stages and now in its implementation, and thanked Lukin for being vocal on issues of concern. END SUMMARY. ROLE OF AN OMBUDSMAN -------------- ¶2. (C) On January 18 Human Rights Ombudsman Vladimir Lukin discussed with A/S Lowenkron, Ambassador Burns, and DAS Kramer the role of his office in handling complaints of human rights violations. According to Lukin, his office has recently seen an increase in complaints, with approximately 40,000 received in his office annually. Half of these complaints related to social problems, primarily lodged by pensioners, military servicemen, and government workers. A third related to law enforcement abuses, which sometimes occurred in the regions. Lukin said that his office sent representatives to investigate such complaints in the regions and to demand punishment, when necessary, from the local authorities. Lukin added that he has brought complaints directly to President Putin several times when his office could not resolve them. Other complaints related to political rights, including manipulation in elections or pressure on mass media. ¶3. (C) To respond to complaints, Lukin explained, his office used both public and private tactics to denounce human rights violations. He stressed that he was not a politician. It was important to work constructively with the authorities to the extent possible, but at the same time to avoid the impression of being under the authorities' direction. NGO LAW -------------- ¶4. (C) When A/S Lowenkron asked if Lukin foresaw more complaints for his office due to the new NGO law, Lukin responded that it would depend on how the law is implemented. Lukin said that his office was very critical of the first draft of the law and subsequently sent a legal opinion to the Duma and to the Presidential Administration reflecting his concerns. Ella Pamfilova of the Presidential's Council on Human Rights, the Public Chamber, and other public organizations also voiced their concerns. It was after this, said Lukin, that the Presidential Administration released its legal opinion, which reflected many of the concerns in Lukin's report. Once the new version of the law appeared in the Duma, his office again completed an analysis of the new draft, which was an improvement over the first draft. ¶5. (C) Lukin expressed particular concern with the part of the NGO law which refers to NGOs carrying out "improper activities." According to Lukin, he raised the problem of the vagueness of this phrase in a December 10 meeting with President Putin. Lukin said that domestic and foreign criticism generated by the NGO law could have been avoided had legislators taken into account feedback from various organizations before introducing the draft legislation. He added that Putin had assured German Chancellor Angela Merkel recently that implementation of the law would not harm domestic and foreign organizations. If complaints appeared, Lukin's office would investigate. If the implementation resulted in problematic situations, Lukin commented that he would not rule out amendments to the law, as has happened with previous laws. ¶6. (C) A/S Lowenkron underlined that the USG had been very concerned about the draft law and still had serious concerns about how the law would be implemented. Lowenkron expressed his appreciation to Lukin for raising areas of concern in the legislation and for encouraging consultation before introducing legislation. Lowenkron also agreed that the issue of "improper activity" needed clarification. Its vagueness would allow for abuse: arbitrary decisions, delays, and lack of transparency on the part of Russian authorities. MOSCOW 00000797 002 OF 002 ¶7. (U) A/S Lowenkron has cleared this cable. BURNS