It is impossible to forecast the further situation development in Crimea without taking into account the actual state of things on the peninsula. Russia occupied and then annexed Crimea in the course of military intervention. As a result, the Russian Federation provides the peninsula not only with own legislation, but also with its practical application, which is characterized by discrimination and repressiveness towards any manifestations of dissent.
The most illustrative example of implementing the Russian policy in the legal field was the judgement against the Mejlis of the Crimean Tatar People. In fact, the Mejlis had two ways to go: to become one of the service structures of Russian authorities as some national entities in various regions of the Russian Federation did, or stop its existence. There can’t be another choice in the Russian reality. But, there is something that can’t be done in a state under the rule of law: punishment without law. For example, Aleksandr Kostenko convicted of the alleged involvement in the events in Kiev that took place even before the occupation serves his sentence in the Kirov region of the Russian Federation. Today, Ali Asanov, Mustafa Degermendzhi and Akhtem Chyigoz are in detention, Arsen Yunusov, Eskender Kantemirov and Eskender Emirvaliev are under travel restrictions, Eskender Nabiev and Talyat Yunusov received suspended sentences of 2.5 and 3.5 years respectively in the so-called “case of February 26”. They are accused of involvement in events that took place during the Russian intervention, i.e. before the annexation of Crimea by Russia, so even according to the Russian laws – on the territory, which was under the Ukrainian jurisdiction.
On February 15 this year, the acting “prosecutor” of Crimea Natalya Poklonskaya sent a petition “On the ban of the public association…” to the occupational “Supreme Court of Crimea” in order to “recognize the Mejlis of the Crimean Tatar people as an extremist organization and banned its activity in the Russian Federation”.
“Prosecutor” of Crimea Natalya Poklonskaya
Since we understand the Russian reality, we are not surprised that Poklonskaya made the activities of both existing and former Mejlis members during almost the entire existence of the representative body of Crimean Tatars as arguments for her position in the 10-page document. Poklonskaya emphasized in her petition that the Mejlis Chairman was Refat Chubarov, who succeeded Mustafa Dzhemilev in that post. The last-mentioned was denied the entry to Russia starting from April 19, 2014 (of course, first and foremost, it was meant to Crimea). In addition, Russian authorities “put Dzhemilev on the international wanted list” based on the opening a criminal case against him under several articles of the Criminal Code of the Russian Federation.
According to Poklonskaya, the events of 2004, 2008 and, of course, February 2014 are an example of the negative impact of the Mejlis on the socio-political situation in Crimea. Russian bodies initiated 3 criminal cases combined into one based on the last-mentioned events.
However, the Crimean “prosecutor” is confident that “in the course of the criminal investigation, they received enough evidences to prosecute the deputy chairman of the Mejlis of the Crimean Tatar people for national self-governments Chyigoz”, who was accused of “organizing mass riots that involved violent actions and destruction of property” (part 1, Art. 212 of the Criminal Code of the Russian Federation providing for a maximum penalty of imprisonment for up to 15 years).
Chairman of the Mejlis of the Crimean Tatar people Refat Chubarov
The Mejlis chairman Refat Chubarov who was also put on the wanted list in Russia is accused of planning, preparing and organizing the unsanctioned public event on May 3, 2014 in Armyansk, when “citizens representing the Mejlis interests” (about one and a half thousand people) “pushed out border guards of the Russian Federation and police officers of the border checkpoint with the use of physical force”. He is also accused of public calls to boycott the elections to the “State Council” of Crimea in 2014 and violate the territorial integrity of Russian (in other words, to return Crimea).
The Crimean “prosecutor” Poklonskaya made 21 warnings about inadmissibility of extremist activities: 17 of them – to Mejlis members in view of the preparation for mass events on May 18, 2015 to mark the 71st anniversary of the deportation of the Crimean Tatar people.
Another argument of Poklonskaya was the fact that Russia initiated a criminal case on the grounds of sabotage (Art.281 of the Criminal Code of the Russian Federation) based on the destruction of power transmission towers by explosive demolition in the Kherson region of Ukraine.
But all these facts were given only to show that “in spite of the activities of its members, the association (the Mejlis – editor’s note) made no changes in its position and its purpose still was to restore national and political rights of Crimean Tatars through defining the status of Crimea as part of Ukraine in terms of national-territorial principle”. In addition, the prosecution claims that the Mejlis administration have been taking active steps to destabilize the social and political situation in Crimea since the beginning of the “integration of Crimea to Russia”. This is just some of arguments that Poklonskaya gave in her multi-page petition.
Taking into account the practical application of Russian laws in Crimea, it should be noted that there can be different and undefined in time consequences of the judicial recognition of the Mejlis as an extremist organization. For example, Russian repressive bodies may consider the activity of the Mejlis, its members and supporters as the extremist one not only in the period after the court made the decision, but also during its entire existence (i.e. even before the court decision).
According to the Law of Russia “On Combating the Extremist Activity”, the court decision will be followed by the ban on activities of the Mejlis and its regional offices in Russia and controlled Crimea, the prohibition of dissemination of information on the Mejlis activity in mass media and even references of the word “Mejlis” in mass media without comments that this organization was prohibited in Russia. The access to the Mejlis website will be blocked in Russia and Crimea. All documents of the Mejlis will be recognized as extremist materials, their distribution, production and storage will be banned and entail the responsibility (from 15 days if this is the case of an administrative offence and up to 5 years under Art.280 and 282 of the Criminal Code of the Russian Federation).
All officials will be obliged to take measures to “combat extremist activities”, but it depends on the imagination and the fear of certain people locally in what ways it will be associated with the Mejlis.
Everyone who supported the Mejlis or simply was accused of this action can be restricted to work in educational institutions, conduct private detective and security activities and banned to hold mass events, use symbols and attributes that the authorities will consider related to the Mejlis. For example, it may be the Crimean Tatar flag and Tamga Geraev.
No Mejlis members can be founders of any public or religious association or other non-governmental organizations in Crimea (while it is controlled by Russia) within 10 years after the court decision to ban its activity.
In view of recognizing the Mejlis as an extremist organization, it is quite real that the cases on events of “February 26” and “May 3” will be reconsidered or even new criminal proceedings will be initiated. In practice, this means that one more article – part 1, Art.282.2 (“establishment of extremist association” providing for up to 8 years in prison) can be included to the case of Akhtem Chyigoz. Ali Asanov, Mustafa Degermendzhi, Arsen Yunusov, Eskender Kantemirov and Eskender Emirvaliev can be found guilty additionally under part 2, Art.282.2 (“participation in extremis association’s activities”) providing for up to 4 years in prison.
The Crimean Human Rights Group reported in its address of February 19, 2016 to international structures for the prosecution of the Mejlis in Crimea: “Unjustified restriction or prohibition of the activity of the Mejlis of the Crimean Tatar people violates the rights of indigenous people, including the right to self-government, the right to retain their own customs and institutions. Such actions are a threat for preserving the identity and development of the Crimean Tatar people… application of provisions of the Russian “anti-extremist” law to the Mejlis of the Crimean Tatar people exposes to criminal prosecution of not only the members of the Mejlis of Crimean Tatar people, but also other representatives of Crimean Tatars”.
Thus, the ban of the Mejlis will be the basis for de-facto authorities to start a new wave of administrative and criminal proceedings of the Crimean people and, first and foremost, Crimean Tatars. Ukrainian government and the international community respecting the human rights should remember that more than two million people are doomed to lose themselves in the Russian authoritarianism, where human rights have no value and human’s life and freedom are constantly under threat.
Vissarion Aseev,
coordinator of the monitoring direction of
the Crimean Human Rights Group
