Tatiana Kotlyar criminally indicted
On 12 September 2017 the Court of Obninsk District No. 16 found Tatiana Kotlyar guilty of 167 counts of ‘fictitious registration’ of foreign citizens in 2015 and sentenced her to a fine of 150,000 rubles (approximately 2,150 euro). The judge subsequently waived the fine, but upheld her conviction.
Tatiana Kotlyar is the Chair of the Kaluga Movement For Human Rights, which defends the rights of minority groups and migrants, as well as a member of the Migration Rights Network of the Memorial Human Rights Centre (Memorial), an organisation that focuses on the protection of labour migrants’ rights, the rights of stateless persons, asylum seekers and refugees in the Russian Federation. Tatiana Kotlyar actively campaigns for the improvement of the Federal Law Number 376, article 3, which the human rights defender argues is insufficient and has a discriminatory effect on migrants and refugees resettling in the Russian Federation.
On 12 September 2017 the Court of Obninsk District No. 16 found Tatiana Kotlyar guilty of 167 counts of ‘fictitious registration’ of foreign citizens in 2015 and sentenced her to a fine of 150,000 rubles (approximately 2,150 euro). The judge subsequently waived the fine, but upheld her conviction.
Tatiana Kotlyar is the Chair of the Kaluga Movement For Human Rights, which defends the rights of minority groups and migrants. She is also a member of the Migration Rights Network of the Memorial Human Rights Centre (Memorial), an organization that focuses on the protection of migrant workers’ rights, the rights of stateless persons, asylum seekers and refugees in the Russian Federation.
On 12 September 2017 the Court of Obninsk district No. 16 in Kaluga found Tatiana Kotlyar guilty of 167 counts of ‘fictitious registration’ of foreign citizens (Article 322.3 of the Criminal Code) in her own apartment. According to the Criminal Code of the Russian Federation, crimes of minor gravity have a two year period of expiration for prosecution. If within two years, the court has not made a final decision in the case, then the defendant cannot be sanctioned, regardless of what the court decides. The expiration period for the prosecution of Tatiana Kotlyar for ‘fictitious registration’ of foreign citizens was in July 2017. Since the term of criminal prosecution had expired, the judge waived the fine. However he upheld the conviction against Tatiana Kotlyar and as a consequence of this judgment, she will have a criminal record.
As part of the criminal case against her, Tatiana Kotlyar was forced to appear in court 12 times. The human rights defender pleaded innocent to the charges and intends to appeal the decision within 10 days. According to the human rights defender, she is also currently under investigation for registering refugees at her apartment in 2017. Tatiana Kotlyar has been registering migrants from different cities of Russia and other countries for many years. On 26 December 2016, the General Prosecutor’s Office of the Russian Federation refused a motion to dismiss the criminal case against the human rights defender. In 2015, she was fined 150,000 rubles (2150 euro), for violating this law but received an amnesty in the courtroom.
The Federal Law on Migration obliges migrants and refugees resettling in the Russian Federation to register at a place of residence within a week of arrival in order to legalize their status, and to have access to public services, social assistance and support. Tatiana Kotlyar has campaigned to expose the discriminatory nature of this law, which places criteria that are nearly impossible to comply with for applicants, and complicates their settlement.
Front Line Defenders welcomes the dismissal of the fine against migrant rights defender Tatiana Kotlyar, however it condemns the upholding of the conviction against her.
On 26 December 2016, the General Prosecutor’s Office of the Russian Federation turned down a motion to dismiss a criminal case against migrant human rights defender, Ms Tatiana Kotlyar, and the case was sent back for further investigation. The Prosecutor’s Office also ordered that Tatiana Kotlyar receive a compulsory forensic psychiatric assessment and travel restrictions.
Tatiana Kotlyar is the Chair of the Kaluga Movement For Human Rights, which defends the rights of minority groups and migrants, as well as a member of the Migration Rights Network of the Memorial Human Rights Centre (Memorial), an organisation that focuses on the protection of labour migrants’ rights, the rights of stateless persons, asylum seekers and refugees in the Russian Federation. Tatiana Kotlyar actively campaigns for the improvement of the Federal Law Number 376, article 3, which the human rights defender argues has a discriminatory effect on migrants and refugees resettling in the Russian Federation.
On 26 December, an investigative officer of the General Prosecutor’s Office informed Tatiana Kotlyar of the refusal to accept the motion to dismiss the criminal case against her, asserting that the human rights defender repeatedly violated the law for foreign citizens residence and therefore is a source of ‘public danger’. The Prosecutor’s Office ordered the criminal case to be further investigated and for compulsory forensic psychiatric assessment and travel restrictions to be imposed on Tatiana Kotlyar. Later that day, Tatiana Kotlyar expressed, via written notice, her disagreement with the compulsory forensic psychiatric assessment and her belief that the order was issued solely to exert pressure upon her. Tatiana Kotlyar will be also filing an appeal against travel restrictions.
On 16 November 2016, Tatiana Kotlyar was issued with an indictment by the Obninsk Interrogation Department of the Ministry of Internal Affairs where she was accused of the deliberate ‘fictitious’ registration’ of 185 citizens of Ukraine and Kyrgyzstan at her address, without the intention of using her flat as a place of temporary or permanent residence for foreign residents. On 26 November, Tatiana Kotlyar appealed the indictment before the General Prosecutor’s Office.
Prior to filing the accusation of violating Federal Law on Migration registration 376, article 3, Tatiana Kotlyar had been subjected to harassment and intimidations on several occasions. Tatiana Kotlyar could face up to three years of imprisonment or an administrative fine if convicted.
Front Line Defenders expresses its concern over the judicial harassment of human rights defender Tatiana Kotlyar and calls on Russian authorities to close the investigation against her and withdraw the order for compulsory forensic psychiatric assessment and the travel restrictions, as it believes that she is being targeted as a result of her legitimate human rights work.
On 16 November 2016, the Obninsk Interrogation Department of the Ministry of Internal Affairs issued an indictment against human rights defender, Ms Tatiana Kotlyar, which accuses her of ‘fictitious’ registration of foreign citizens under Article 322.3 of the Criminal Code of the Russian Federation.
Download the Urgent Appeal (PDF)
On 16 November, Tatiana Kotlyar was issued an indictment by the Obninsk Interrogation Department of the Ministry of Internal Affairs. In the indictment, Tatiana Kotlyar is accused of the deliberate ‘fictitious’ registration of foreign citizens at her address, without the intention of using her flat as a place of temporary or permanent residence for foreign residents. Tatiana Kotlyar will be filing an appeal against the indictment before the General Prosecutor’s Office.
On 4 November 2016, the Obninsk Department of the Ministry of Internal Affairs interrogated Tatiana Kotlyar on the basis of an accusation of violating the Federal Law on Migration Registration 376.3 dated 21.12.2013. During the interrogation the migrant rights defender was given a ‘notice of suspicion’ regarding the ‘fictitious registration’ of 185 citizens of Ukraine and two citizens of Kyrgyzstan at her apartment during 2015. On 3 November, 2016 the husband of Tatiana Kotlyar was also brought in for an interrogation, though he refused to give any testimony regarding this criminal case. In the three months prior to filing this accusation, the Interrogation Department of the Obninsk police summoned Tatiana Kotlyar multiple times as a ‘witness’, and she has been subjected to pre-trial restrictions such as obligatory attendance for interrogations. Tatiana could face up to three years of imprisonment or an administrative fine if convicted.
The Federal Law on Migration obliges migrants and refugees resettling in the Russian Federation to register at a place of residence within a week of arrival in order to legalize their status, and to have access to public services, social assistance and support. Tatiana Kotlyar has campaigned to expose the discriminatory nature of this law, which places criteria that are nearly impossible to comply with for applicants, and complicates their settlement. Since 2013, Tatiana Kotlyar has registered foreigners under her own address, in accordance with the law, so that their status could be legalised. The law does not stipulate a limit for the number of individuals who can be registered at a given address, nor does it define ‘fictitious registration’, the case under which she is indicted. The human rights defender made her actions known to the migration authorities during the process of organizing the migrants’ registration.
In March and October 2014 two criminal cases under Articles 322.2 and 322.3 of the Criminal Code of the Russian Federation (criminal liability for fictitious registration at the place of stay or at the place of residence of citizens or foreigners of the Russian Federation) were initiated against Tatiana Kotlyar by the Obninsk Investigative Committee for “the fictitious registration of migrants and refugees” in her flat during 2013 and 2014. Although Tatana Kotlyar informed the Russian authorities about every registration being made by her, the Court disregarded her voluntary surrender which is considered as an exculpatory ground according to Article 322.3. On 9 November 2015 the Magistrate court of Obninsk found Tatiana Kotlyar guilty, but immediately granted her amnesty.
Front Line Defenders expresses concern over the repeated judicial harassment of human rights defender Tatiana Kotlyar and calls on Russian authorities to drop the charges against her, as it believes that she is being targeted as a result of her legitimate human rights work.
Front Line Defenders urges the authorities in the Russian Federation to:
1. Immediately drop all charges against Tatiana Kotlyar as it is believed that it is solely motivated by her legitimate and peaceful work in defence of human rights;
2. Cease all harassment of the human rights defender;
3. Guarantee in all circumstances that all human rights defenders in the Russian Federation are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
