group of human rights activists and journalists appealed to the Supreme Court a statement in which the disputed presidential decree classify losses of servicemen killed in peacetime. The applicants do not hide that we are talking about the loss of the Russian side in the Ukraine. Experts interviewed by “Gazetoy.Ru” differently estimate prospects of this claim, as in matters of this level of court often is not legal, and political position.
Ivan Pavlov, head of the “Team 29″, an informal association of lawyers, together with other human rights activists and journalists has challenged in the Supreme Court of the Russian Federation a decree of the Russian president, according to which information about Russian military losses during the special operations related to state secrets. The lawsuit filed in the sun on behalf of human rights activists and politicians. Among the signatories – journalists Arkady Babchenko Timur Olevskii, Leo Schlossberg (first voiced information about the death of the Pskov paratroopers and secret graves of servicemen), Paul Kanygin, Grigory Pasko, Svetlana Davydova (mother of seven children, was accused of treason but then completely justified, and the case was closed) and others.
In an interview with “Gazetoy.Ru” Ivan Pavlov said that the loss of military personnel in peace time can and should be considered emergencies (“In any case, this should accept their relatives “) and it is intended to convince the court.
The basis for the claim, according to Pavlov – Decree fundamental contradiction with the law” On State Secrets “. Thus, in the seventh article of the law contains a list of information that under no circumstances can not be classified. And among them “information on emergencies and catastrophes that threaten the lives and health of citizens,” explains lawyer.
In addition, according to Pavlov, the president of his decrees can not make changes to the list of information falling under the notion of state secrets. The decree of Paul sees a purely technical sense – specifying separate concepts, but at the same time determining exactly which department store such information and determine its secrecy. Lost soldiers in peacetime, human rights activist, did not fit into any of these categories.
«military information” as listed in the Law “On State Secrets” include mainly military documents that define the actions of the armed forces, information on the exact location and deployment readiness of the various parts of the data and the military-engineering developments he explains.
However, the president’s press secretary, Dmitry Peskov, has already stated that the signing of the decree has nothing to do with the events and loss of life in the east of Ukraine.
So far, the Supreme Court has not registered and does not respond to the claim filed. The decision on acceptance or rejection of the application of the law should be taken within five days after the announcement. Registration of the claim is also produced within three days. However, in the database of the Supreme Court and other registered lawsuit challenging the presidential decree said. It is filed on behalf of Denis Vostrikov, and it even has a hearing scheduled for August 13. The details of this action are still unknown. Himself Ivan Pavlov said that he learned about the suit for the first time.
Vice-President of the Council for Foreign and Defense Policy, Vladimir Rubanov, who headed the theoretical division of the years 1981-1989 Research Institute of the KGB on the protection of state secrets, clearly not ready to support the initiators, but believes that the nomination of the claim may be positive effect.
«I think it is not the principle of the right of law to the conduct of the list. A more effective, in my opinion, the practice of the United States, where government officials have the right to their own free will to make any secret information, but have to prove the validity of its decision before lawmakers and take full responsibility for its use. The changes proposed by the president, too, there is a moment of political will. And the court procedure may be one on which the new provisions will require justification and clarification, in particular, will apply this change, if it does not become a tool of classifying any information about what is happening in the army. ”
The organization “Team 29″ continues the work of the Fund freedom of information, which in 2014 was recognized as a foreign agent, and ceased to exist. Activists of the Fund for years unsuccessfully sought to overturn the decision of the Russian government on official secrecy and expanding the list of information that officials should provide citizens. They were unsuccessful, and their attempts to challenge the status of the foreign agent.
Assess the prospects of the claim itself is not ready to Pavlov.
A member of the Duma Committee on Constitutional Legislation, member of the Communist Party Vladimir Solovyov did not see great prospects in this lawsuit. According to him, “it is not a legal validity, and that in matters of this level of court is not always legal, and political position».
The head of Human Rights Association “Agora” Paul Pins believes that she will be filing a complaint great difficulties for the initiators of the “Challenging any legal act can only be on behalf of the group, whose interests are affected as a result of its introduction. And in this case, as we have seen, the relatives of soldiers for a variety of reasons are not interested at all in the courts and in disseminating this information. ”
According Chikova decree directly contrary to Russia’s obligations to comply with the European Convention on Human Rights. According to the definition of the European Court of Human Rights, the protection of the state the right to life includes the obligation of the authorities to investigate any suspicious death. However, everything is also limited by the need to allegations of violations of the rights of the victims.
As part of the applicants – the journalists, the lawsuit separately there is a violation of their rights to seek, seek and impart information, enshrined in Article 47 of the law on mass media.
Senior Lawyer «Transparency International» Denis Primakov believes that the presidential decree is subject to appeal in the Armed Forces and in a timely manner, Ivan Pavlov and his team went to court.
«Information on casualties in peacetime can not be classified because it contradicts both the current Russian legislation and international standards. There is not even a question that journalists have an unconditional right to talk about the problems of society, as it follows from the provisions of the law “On mass media”, but also the citizens themselves (and first of all – at the Soldiers’ Mothers) have the right to know the cause of death their sons. ”
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