“The SCA at its second session of 2023, noted with deep concern:
The third-party submissions received in February 2023 expressed, among others, the following views:
- That the OCHR in the Russian Federation is neither independent in practice nor willing to address pressing human rights issues, and that room for criticism and independent action by the Commissioner appears severely restricted, especially after the escalation of the conflict in Ukraine in February 2022.
- That Russia has more than 500 political prisoners and is waging a war of aggression in Ukraine that is widely condemned by the international community, and that institutions such as the OCHR survive mostly to lend credibility to the Russian government’s claim that it is democratically elected and based on the rule of law.
- That Aleksey Navalny was a political prisoner and is treated inhumanely by prison authorities, that the OCHR ignores the attacks on his fundamental rights and freedoms, and that the OCHR’s position in this respect show that it is cooperating with the propaganda operatives who seek to undermine Mr Navalny in the eyes of the Russian public.
The SCA shared the third-party information with the OCHR. The OCHR responded on 8 February 2023, and expressed the following views:
- That it is an independent body highly trusted by the citizens of Russia, as confirmed by public opinion surveys.
- That, in 2022, more than 700 unlawful decisions of authorities and officials were cancelled at the request of the OCHR, and the rights of 54,000 Russian citizens were restored; and that the OCHR had assisted more than 5 million refugees who had arrived in Russia since February.
- That, in cooperation with the Ukrainian Parliament Commissioner for Human Rights, hundreds of prisoners of war have been exchanged, the whereabouts of dozens of missing persons have been established, and families separated by the conflict have been reunited.
- That it has reviewed 52 appeals regarding issues related to the conditions of Mr Navalny’s detention, his placement into a punishment cell, the access to his lawyers, and the provision of the necessary medical assistance. Further, that in March 2021, following appeals by the OCHR, Mr. Navalny received medical consultations and medical treatment. The OCHR also informed that, among other things, at the OCHR’s request Mr. Navalny’s detention conditions were inspected, and that they were concluded to be in compliance with the legislation of the Russian Federation and with international standards.
In making its own assessment and determination on the accreditation status of the OCHR, the SCA also considered public statements, and other documents issued by the OCHR including public statements issued by the OCHR Commissioner expressing support for the conduct of the “Special Military Operation” by the Russian Federation and endorsing the consequences of the “referenda” in the occupied territories of Donetsk and Luhansk regions. The SCA notes that there are multiple and credible reports of gross human rights violations perpetrated by Russian authorities in the current context, and that the United Nations General Assembly Resolution A/RES/ES-11/4 has referred to the “referenda” as illegal.
Based on the information before it and the lack of response from the OCHR for further information to satisfy the SCA concerns relating to impartiality and independence, the SCA is of the view that the OCHR is operating in a manner that seriously compromises its independence. In particular, the OCHR is not acting independently when considering human rights violations committed by Russian authorities and is supporting positions and actions of the Russian authorities against international norms. Therefore, the SCA urges the OCHR to restore its actual and perceived independence, when promoting and protecting human rights. (The SCA notes that since its report, Mr. Navalny has died in prison).
In the written information provided by the OCHR in July 2024, the OCHR notes that visits were carried out to more than 2000 persons between 2023 and 2024 in several places of deprivation of liberty without prior coordination with the authorities. The OCHR highlighted that the petitions for the review of judicial decisions as well as the non-alignment of its reports to the view of state authorities substantiate its independence.
In view of all the material before it, the SCA deems that the OCHR had not adequately addressed its concerns and therefore, there is no clear evidence that the OCHR is independently carrying out its mandate. The SCA continues to be of the view that the OCHR continues to operate in a manner that seriously compromises its independence.
The SCA notes the fundamental requirement of the Paris Principles that an NHRI is, and is perceived to be, able to operate independent of government interference. The SCA therefore recommends that the OCHR takes action to demonstrate its actual and perceived independence from the government, including by publicly addressing and responding to allegations of serious and systemic human rights violations.
The SCA refers to Paris Principles A.1, A.2, A.3, and C(c) and to its General Observations 1.2 on ‘Human rights mandate’ and 2.6 on ‘Limitation of power of National Human Rights Institutions due to national security’.“