The Supreme Court rejected the appeal of human rights defenders and journalists, a presidential decree to classify loss Ministry of Defense in peacetime. Vladimir Putin took the information as a state secret. Relatives of those killed in the army, and experts believe that the family should know the truth about the death of a loved one, and the lawyers will now challenge the decree in the presidium of the sun, and if there is wording survive, in the Constitutional Court.
«Leszek died May 29, 2015, and the demobilization he – 17 June, we have been waiting for home and brought here zinc. It accidentally hit the APC, it was in part, we were told, the culprit is known, a criminal case, – said “Gazeta.ru” the brother of the deceased Nikita Alymov from Astrakhan. – He was a draftee, and wanted to serve: to learn to shoot, run, home to defend in the end because we had both the patriot.
but I do not understand why classify the loss in time of peace, because we are not at war with anyone.
But maybe the state for good reason that I just do not know? So then explain why this is done.
A mother, I think, in any case, need to know what happened, where and how her son died in peacetime. I just can not imagine a person who would not want to know and what right he may refuse this. ”
Since the death of Alexei had passed 2.5 months, his mother has only recently received a notification and can now draw a pension survivor.
«And so it proved to be very bureaucratic, losing a loved one, we have to pester the different institutions, and if everything is still classify this data, I do not know how to be parents, where to get information and documents” – said Alimov.
According to the Supreme Court decision, amendments to the decree amending the list of information classified as a state secret, do not violate the right to receive and impart information, as guaranteed by the Constitution.
A member of the Human Rights Council under the President of the Russian Federation Sergey Krivenko, specializing in problems of the army, according to a presidential decree unlawful and “on formal grounds, and the meaning.”
«The society should be aware of the death of the military, and the government should thoroughly investigate all the circumstances of the death of soldiers, – says Krivenko. – But at the same decree, even if they will and will act concerns more officials of law enforcement agencies. It gives them a reason not to respond to requests from the media, referring to the secrecy of data. Being a hindrance relatives journalists, human rights the decree can not be, because only applies to officials. Also, the decree can not deprive soldiers inalienable right to life and justice “.
will become a lever of pressure on the media
The presidential decree was released May 28 this year. He expanded the list of information classified as state secrets. It carried the state secret “information that reveal the loss of the Russian Defense Ministry, the personnel in wartime, in peacetime, during special operations.”
The US State Department has called Putin’s decree attempt to hide losses among Russian troops in Donbass. A presidential spokesman Dmitry Peskov assured that the signing of the decree has nothing to do with the events in the east of Ukraine.
It questioned a group of plaintiffs appealed to the Supreme Court. Among them were journalists and lawyers: Russian voenkor Babchenko, journalist of “Rain” Timur Olevskii, correspondent of “Novaya Gazeta” Paul Kanygin, investigative blogger Ruslan Leviev. Also challenged the decree in the past accused of treason resident of the Smolensk region Svetlana Davydova, previously convicted of spying military journalist Grigory Pasko and the deputy of the Legislative Assembly of the Pskov Region of the party “Yabloko” Leo Schlossberg, to investigate the alleged death of the Pskov paratroopers in the Donbass. Their interests are represented by Ivan Pavlov, head of the Freedom of Information Foundation “Team 29″.
Their main complaint: the president had no right to classify this category of information. After all, to restrict access to it can only be a federal law, but regulations that status is a presidential decree. The Act contains an exhaustive list of information constituting a state secret and information about the losses of the armed forces do not fall under any of the categories specified in the articles of the Law “On State Secrets”.
According to the complaints, classification ‘personnel losses “violates the constitutional right of citizens to seek information and media law.
In objection to the Ministry of Defence said that the criminal liability shall be directly responsible for only its disclosure, and therefore, according to the Defense Ministry, the decree does not violate the law on mass media.
The plaintiffs believe that the presidential decree would be a lever of pressure on the media, which led the investigation of the events in the Donbass, and participation in Russian “vacationers”. Also, in their opinion, the decree is intended to discourage the relatives of the victims wish to talk to journalists or to demand material compensation from the Ministry of Defence.
«None of the Russian legal act does not define the concept of” special operations “, which creates legal uncertainty and the threat of unwarranted prosecution of citizens for disclosure of information on casualties. The term special operation is mentioned only in the “Instructions for the preparation and conduct of military operations” approved by the order of Defense Minister Sergei Shoigu №0022 dated November 22, 2013 with “top secret”, – pointed out, journalists and human rights activists.
Deputy Schlossberg at the meeting recalled the tragedy of the submarine “Kursk” and its investigation of the funeral of the Pskov paratroopers in August last year.
According to him, the decree makes everyone attending the funeral bearers of state secrets.
The disclosure of state secrets in Russia fall under Article 283 of the Criminal Code and faces seven years of the colony. Art. 275 of the Criminal Code – “Treason” – is punishable by imprisonment for a term of 12 to 20 years.
Blogger Leviev, who investigated the death of soldiers of the 16th Brigade of the GRU of the General Staff of the Tambov Russian Ministry of Defense, gave the example of their communication with the relatives of the victims, now it puts him as the investigator, under the threat of criminal prosecution. Journalist “Rain” Timur Olevskii spoke about the pressure on journalists and the problem with the lighting of the hazing death of military and special operations.
Version Defense Ministry
Putin instructed to represent their interests to the Ministry of Defense of Russia, said before the start of the presiding judge. Interests represented the Head of the President with claims and the judicial work of the Ministry of Defense Natalia Elina. Its powers confirmed the head of the General Staff Valery Gerasimov and a representative of the prosecutor’s office.
In response, Elin, which the plaintiffs received prior to the meeting, said that the information about the loss of personnel may disclose the number of troops. Although, according to the plaintiffs, the amount of loss can not be calculated the number of army units in the special operation.
In order to prove that the president acted in accordance with the established procedure to amend the list of data relating to classified, Elina uncovered the scheme adoption decree. According to her, an idea originally initiated an interdepartmental commission with the participation of the Ministry of Defence, Federal Security Service and the Foreign Intelligence Service of Russia.
However, it has formulated and officially handed over to the President, Prime Minister Dmitry Medvedev, Putin, Medvedev appropriate treatment defender proposed to attach to the case.
The Cabinet involvement in the creation of the decree denied. Initiation of such decisions is not the prerogative of the government, said “Gazeta.ru” a source in the White House. Interlocutor in the government said that the Cabinet “is the president of a draft decision only after their approval by the Interdepartmental Commission for the Protection of State Secrets.” It is headed by presidential adviser Sergei Grigoryev. The draft presidential decree to classify data on military casualties in peacetime Interministerial Commission agreed, after which she worked in the government and sent for approval to the State Legal Office of the President. HCP has given a positive opinion on the text of the decree.
The initiative to classify the losses came from the Ministry of Defence, stressed informed source “Gazety.Ru».
Elina called the complaints unfounded and stated, that the decree does not affect the personal rights of the plaintiffs and did not violate the Constitution. According to her, to classify the item conforms to the laws “On Combating Terrorism” and “On foreign intelligence”, according to which “information on personnel in the field of military, intelligence and counter-intelligence and operatively-search activity of the state is a state secret.” Under her get information, “the physical (health, the presence of injuries, death), moral, psychological state of the personnel, his actual whereabouts.”
A complete list of information constituting a state secret, the Defense Ministry will adopt, in accordance with the law, within three months after the adoption of the presidential decree.
According to Elin, the data in the field of defense, foreign policy, economic, intelligence, counterintelligence, and operatively-search activity of the state is a state secret, so there is no violation. “Somehow all these years, the applicants’ rights are not violated, and now they have decided to challenge the law, which protects the interests of the country and its security,” – she said at the hearing.
The President’s representative asked the Supreme Court to dismiss the complaint on the classification of the loss of the Armed Forces in its entirety, as “the disclosure of such information could threaten the security of the country.” As a result, the Sun did just that, promising to soon make public the operative part of the decision.
«Most of all in the hearing I was struck by the ease with which our opponents have said that the death of a soldier in time of peace is not an extraordinary occurrence, and thus can be classified.
Well, you know, if the death of a soldier in the army are not considered emergencies, then our case at all bad – the head of the Freedom of Information Foundation “Team 29″ Ivan Pavlov.
– Of course, we will continue to challenge this decision: first, in the presidium of the Supreme Court, then – if necessary – to the Constitutional Court. I would not like about this appeal to the European Court of Human Rights, because it’s time to learn at home to solve such disputes. ”
Another petitioner, a reporter for “Novaya Gazeta” Paul Kanygin said “Gazeta.ru” that he and his comrades did not expect that at the first meeting of the Sun fails and preparing for the adjournment of the meeting. “We are concerned that the new legislation will put journalists and relatives of the victims,” - said Kanygin.
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