Information and Analytical Center of Nizhny Novgorod Society for Human Rights

SECTION 3

OBSERVANCE OF FUNDAMENTAL POLITICAL FREEDOMS

À) RIGHT TO ROTATION OF THE AUTHORITIES THROUGH REGULAR ELECTIONS

The order of regular elections of heads of regional and area administrations and also of representative of following authorities: the deputies of the regional House of Assembly, Dumas and Councils of local self-governments are determined in the Nizhniy Novgorod region. The basic order of elections is determined by the Charter of area and regional laws "About elections of Heads of local self-government in the Nizhniy Novgorod region" from July 4, 1996 N37-Ç, "About elections of deputies of representative bodies of self-government of the Nizhniy Novgorod region" from April 29, 1996 for N32-Ç. Voting in two rounds elects the Heads of administrations of the region and of Nizhni Novgorod. Other elections of local authorities are conducted, as a rule, in one round.

The procedure of assignment of the heads of bodies of territorial public self-government is not determined by the regulations of the city. Such provision considerably restrains the elective rights of citizens.

The elections of the deputies of the House of Assembly and the elections of the Head of local self-government of Nizhni Novgorod, elections of the head of local self-government of Dzerzhinsk, repeated elections of the Head of Nizhniy Novgorod and the elections to municipal structures of the region were conducted in the territory of the Nizhniy Novgorod region in 1998.

The greatest resonance was received by elections of the Head of local self-government of Nizhniy Novgorod. Mr. A. Klimentyev got the majority of votes (34,7%) on March 29, 1998. The order of District electoral commission from April 1, 1998 N87 illegally cancelled the results of this election.

On April 8, 1998 the Human Rights Commission at the administration of the Nizhniy Novgorod region promulgated the conclusion "About violation of the elective rights at the election of the Head of local self-government of Nizhniy Novgorod". In the conclusion the analysis of the usual situation was given and the following inferences were made: "the Decision of electoral commission put the results of election in doubtful situation, and also the form of citizens' will in election of the Head of local self-government of Nizhniy Novgorod. Thus, the decision of the commission can be considered as the limiting right to elect authorities, by means of the selected representatives to participate in conducting state affairs. The order, in particular, limits the elective right of the citizens determined by Item 25 of "the Covenant on Civil and Political rights. < ... > There are bases to affirm, that the officials of authorities of the Nizhniy Novgorod region of the administration of the President of Russian Federation rendered illegal pressure on the regional commission for elections of the Head of local self-government of Nizhniy Novgorod that affected the rendition of the illegal decision".[1]

Confirming the point of view the Human Rights Commission referred to opinion of the experts from Human Rights Watch: "...Human Rights Watch considers that the election results in Nizhni Novgorod were annulled extremely because the reason that the candidature of Mr. Klimentyev did not suit federal government as the mayor of Nizhni Novgorod".[2]

According to Item 3 of Chapter 3 of the Constitution of Russian Federation, free election is direct expression of authority of the people. The order of realization of this constitutional norm fixed in Item 3 of Chapter 58 of Federal Act "About basic guarantees of the elective franchises and the right to participation in referendum of the citizens of Russian Federation" and in Item 3 of Chapter 57 of the regional Law "About putting changes and supplements in the law of the Nizhniy Novgorod region" About election of the Head of local self-government in the Nizhniy Novgorod region" contains the list of the bases of confession of the election returns ineffective. The district electoral commission can not consider elections as constituency valid only in case the infringements which do not allow to establish results of voters' will with certainty were conducted at voting or establishing its results not less than on 1/4 polling stations or in a district as a whole or according to the decree.

Other infringements, including listed in the Order (infringements on propaganda or financing, payoff of the voters etc.) by virtue of Item 66 of the Regional Law, can be a basis only for a cancellation of registration of the candidate. However district electoral commission did not accept the decision on a cancellation of registration somebody from the candidates. Moreover, the definition of the full court of the regional court of Nizhniy Novgorod (the judge Mrs. N.D. Zheleznova was presiding) from March 30, 1998 which entered the enforceability established that at preschedule voting, including day of March 28, 1998, infringements of the legislation on elections were not done.

As it follows the basis for confession of the election results as not valid could be only infringements of the procedure of voting during the day of election i.e. March 29, 1998. But the Order of District electoral commission mentioned only three cases of wrong sealing up of boxes for voting on polling stations NN1300, 1308, 1328, that constitutes 0,55% and it is obviously less, than the quarter of polling stations (there were 539 ones). There are no decrees on violations of the procedure of election or vote tabulation.

The order of district electoral commission does not contain the information, on which basis it is possible to subject to doubt the certainty of results of voting. Violation of secret of voting, discrimination of limitation of the voters' participation and non-ensuring of voters' free will could be such bases according to the legislation.

Item 3a of Chapter 58 of Federal Act "About fundamental guarantees of elective right and right to the participation in referendum of the citizens of Russian Federation" which allow to cancel results of elections on the basis of information of violations (committed by the candidates during the pre-election company), which "do not allow to establish the results of voters' will with certainty" served as the basis for cancellation of the election. Thus, this law enables to cancel the results of citizens' will on the basis of any violations and after voting summarizing according to tactical reasons.

The Human Rights Commission having considered the situation of the cancellation of the election, found, that it is not necessary to hope for judicial settling the conflict in connection with low judges qualification and their dependence upon authorities, and offered besides trial to conduct the international independent expert appraisal.[3] The court made an improper decision and the authorities of the city and the region did not take advantage of the independent expert. Being afraid of publicity undesirable items of the information the district electoral commission forbidden to participate international observers at a repeated election of the Head of self-government.[4]

On October 14, 1998. The regional electoral commission made an order concerning to violations at the election to the regional House of Assembly in District 42 (Semyonov). Having affirmed voting results, the commission considered the election as not valid in one of sites where gross violations were committed. In a month after the election the local electoral commission took off the conquered candidate from the registration " for financial violations committed by him".[5] In this conflict it was possible to look after prejudice of commissions to the candidates, and contravention in federal legislation were only a pretext for realization of political and tactical interests.

It is difficult to achieve an executing of demand in complete (all line and a signature) autographed filling subscription sheets at raising of deputies' candidates or at elected posts of public authorities and local self-government by citizens. Also it is difficult to realize the right of candidates without limitations to initiate prescheduled voting.[6] The electoral demands, which do not allow citizens to take part in voting, became a pretext for law quarrels and violations at the election.[7]

B) RIGHT TO ORGANIZE LOCAL SELF-GOVERNMENT

The right to form local authorities of the Nizhniy Novgorod region is provided completely. But the process of centralization of authority and expansion of its authorities results in violation and limitation of local self-government. The absence of long tradition of self-government negatively influences to the situation.

The policy of limitation of local self-government found its reflection at the law of the Nizhniy Novgorod region "About organization of local self-government in the Nizhniy Novgorod region" from April 8, 1996 N27-Ç. Item 7 of Chapter 15 of the law stipulates the possibility of assignment the heads of executives of municipal formations. According to the decision of local representative bodies of self-government the order of assignment the heads of executives was stipulated in five village areas. The same situation is in district authorities and in committees of self-government of Nizhniy Novgorod.

For example, Zemskoy assembly of Bolohinskiy area accepted the charter, which provides the order of assignment the head of local self-government by the governor of the area on April 10, 1996. The charter was accepted without an open discussion by the population, that is direct law violation.

On June 23, 1998 the provincial court made a decision on confession Item 15 of law "About organization of local self-government" in the part which concedes an assignment the heads of local self-government as not valid. The group of the voters of Balahny, asserting their elective rights became the initiators of the reference. The initiative group has collected 3,7 thousand signatures and intends to appeal against the charter of the area at court. The head of administration of the area Mr. V. Volkov "threatened to institute legal proceedings against the organizers of petition".[8]

C) RIGHT TO EQUAL ACCESS TO PUBLIC SERVICE

The order of serving at state service is defined by the regional law "About municipal service and municipal positions in the Nizhniy Novgorod region" from September 21, 1998 N11-Ç. The provisions, available in it of restrictive character correspond to federal ones.

The authorities of the Nizhniy Novgorod region in 1998 took attempts to enter legislative limitations on voting for persons, which are in inquest on criminal cases. But such legislative initiatives were not accepted.

It is necessary to note that corporate traditions are inherent to authorities and local self-government of the Nizhniy Novgorod region. It is shown first of all in a traditional not competitive set of the employees of the administration. So, at an attempt to occupy the position of the deputy of regional judicial department Mr. S.B. Speranskiy was refused according to the basis that the five-year experience of working at courts of justice is necessary for occupying this position. Besides that normative documents of department does not exist such limitation.

D) RIGHT OF POLITICAL OPPOSITION

Party organizations have significant influence and confession from the part of authorities, and the leaders of parties are not pursued in the region.

All significant political parties and the associations have independent mass media or support of the separate issuing and broadcasting companies in the region.

But electoral association, which suggested Mr. A. Klimentyev as the candidate for mayor and he himself, were exposed to prosecution from the side of law enforcement bodies before his victory at the election. The victory of Mr. A. Klimentyev at the election called sharp reaction of federal and regional authorities. The access to mass media was limited for Mr. A. Klimentyev and his supporters as the result. Subsequently it was showed in the refusal of Dzerzhinskiy court in translation convicted I. Klimentyev to a facilitated mode to a colony - settlement, because of danger "of inadequate isolation".

On April 2, 1998 Mr. A. Klimentyev was arrested. The actions of public protest of his supporters followed the petition with demand for his releasing was begun. 30 thousand signatures were collected. The supporters of the selected mayor conducted daily pickets at the building of regional court. On April 2 the Human Rights Society of Nizhniy Novgorod announced Mr. A. Klimentyev as a political prisoner.

Despite the pressure of authorities with the purpose of creation information vacuum around A. Klimentyev, the regional press paid much attention to this conflict. It showed an independence of local mass media.

E) INTERDICTION ON WARMONGERING, ON INSTIGATION TO DISCRIMINATION AND VIOLENCE

Issuing with a wide circulation, broadcasting companies of Nisshin Novgorod do not suppose warmongering, instigation to discrimination, violence and other forms of extremism. There were no obvious discrimination statements from the side of authorities.

Subjects connected to military patriotic education, heroic educational initiatives, which frequently contain ideology of militarism, intolerant and aggressive relation to other countries and peoples, constitute the exception. So, for example, after conducting a round table on July 19, 1998 devoted to a problem peacemaking, an article of Mr. V. Kisilyov appeared in the newspaper "Nizhegorodskaya pravda". The author named antimilitarist statements of the representatives of Human Rights Society of Nizhniy Novgorod as "induced" minister of the information about Chechnya. "The Soldier, which is ready to forgive death and blood of his comrades and to aspire to disposal with feeling of revenge is in two steps from treachery" Mr. V. Kiselyov writes who has become the winner of the premium of Nizhniy Novgorod for his articles.[9] Non-accepting of the principle of a priority of human rights is contained in other publications of the newspaper "Nizhegorodskaya pravda" too, for example, in article "Did you order a Capitulation? Human rights initiators are against defence consciousness".

The press publications, which contain nationalist statements, received a public resonance. Concerning to anti-Semitic publications in the Nizhniy Novgorod release of the newspaper of LDPR the signatures of the protest were collected by the public of the city in 1998. The prosecutor's office lodged a criminal case according to Item 282 of Criminal Code of Russian Federation, but it was terminated soon: "...The acting has ceased to be public dangerous". The prosecutor's office left the unique proved violation unpunished. The regional court of Nizhniy Novgorod made a decision about the refusal to satisfy the petition of Mr. E.I. Sheyer on an inactivity of the prosecutors' office of Nizhniy Novgorod on December 1, 1998.

Besides that, there are bases to affirm that the publications in the mentioned newspaper and other issuing with a little circulation provoked growth of interethnic discord directly or indirectly. In particular, in 1998 "concerning to the prosecution of the Jews it is possible to note such facts, as beating of rabbi of synagogue of Nizhniy Novgorod, assassination of the man for similarity with a Jew".[10] Nationalist organizations (Russian National Unity) actively develop in the region which spread nationalist leaflets, newspapers, use fascist symbolics, invoking to violent actions concerning to national minorities. The main reason of distribution of ideas of national intolerance is the inactivity of law enforcement bodies, in particular, prosecutor's offices. The impunity for public nationalist statements, inactivity of authorities promotes ascending political extremism and intolerance. According to an application of the governor of the region Mr. I.P. Sklyarov, "...silent contempt should be a public answer to an insinuation of the newspaper of LDPR".[11]

It is possible to name the reaction of authorities of the city and the region as excessively tolerant on using of nationalistic symbolic. So, for example, the representatives of Russian National Unity took part in mass actions on October 7. On August 1 in Diveyevo, on the day of anniversary of finding of relic of Seraphim Sarovskiy, about 100 members of the Unity came to the Deyevskiy monastery with the admittance of the leaders of the monastery.

In 1998 in Dzerzhinsk newspapers and leaflets of RNU with characteristic symbolic including a swastika and an invoking "Russia waits for your will!" were widely spread. The active workers of the organization "decorated" walls of buildings of the city with anti-Semitic inscriptions. In its publications RNU distributes the ideology of National Socialism, in which basis the idea of racial discrimination is put. The active workers of RNU, not meeting counteraction from the side of official persons, conducted their propaganda at comprehensive schools. The orders of authorities on counteraction to similar propagation are unknown.

It is characteristic that public opinion of the city negatively refers to the nationalist statements.[12]

NOTES

  1. The conclusion of Human Rights Commission "About violation of elective right at elections of the Head of local self-government of Nizhniy Novgorod" April 8, 1998 N8.
  2. An application to the address of the President of Russian Federation of the International independent non-governmental organization Human Rights Watch from May 7, 1998.
  3. The conclusion of Human Rights Commission "About violations of voting right at the election of the Head of local self-government of Nizhniy Novgorod" N8, April 8, 1998.
  4. The order of District elective commission on the election of the Head of local self-government of Nizhniy Novgorod "About the appealing of International Human Rights Society of Nizhniy Novgorod" N95, July 22, 1998.
  5. The article of Mr. V. Okmyanskiy "One-mandate detective story" at the newspaper "Nizhegorodskiye Novosty".
  6. According to Federal Law "About fundamental guarantees of voting rights of citizens of Russian Federation" and to the law of the Nizhniy Novgorod region "About elections to the authorities of local self-government of the Nizhniy Novgorod region" with changes from 1998.
  7. The circumstances of preschedule election were appealed at court by Mr. V.I. Chumak on March 14, 1998.
  8. The court defended the voters' rights // Nizhegorodskaya pravda, 30.07.1998, N83.
  9. The article of Mr. V. Kiselyov "Ideology of invertebrates" from the newspaper "Nizhegorodskaya pravda".
  10. The petition of Mr. E.I. Sheyer to the regional court of Nizhniy Novgorod, December 6, 1998.
  11. And the fight is going on again at the economic front // "Nizhegorodskiye novosty" N161.
  12. "Dzerzhinets", 01.12.1998, N185.

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