Tatiana Kotlyar faces criminal charges for “false registration” of migrants
On 13 November 2014 human rights defender Ms Tatiana Kotlyar appealed to the Obninsk City Court to nullify the decision to bring a new criminal case against her. The court hearing on Tatiana Kotlyar's appeal is scheduled for 24 November 2014.
On 24 October 2014 an Investigative Committee in the city of Obninsk initiated a second criminal case against the human rights defender, accusing her of allowing migrants not living in her apartment to register it as their place of residence. However, these charges relate to her activities in 2013, before the “false registration” of migrants had become an official criminal offence.
Tatiana Kotlyar is the deputy of Obninsk city council and is the chair of the Kaluga Movement For Human Rights, which specialises in the protection of minority rights, including migrant rights and the rights of the Roma community. Since 2011, Tatiana Kotlyar has allowed dozens of migrants to register her apartment as their place of residence. The migrants arrive in Russia under the Programme of “voluntary resettlement”, which aims to encourage people from former Soviet Union countries to settle in strategically important regions of Russia and to apply for Russian citizenship through a fast-track programme. An application for citizenship requires proof of registration of a place of residence.
On 13 November 2014 human rights defender Ms Tatiana Kotlyar appealed to the Obninsk City Court to nullify the decision to bring a new criminal case against her. The court hearing on Tatiana Kotlyar's appeal is scheduled for 24 November 2014.
On 24 October 2014 an Investigative Committee in the city of Obninsk initiated a second criminal case against the human rights defender, accusing her of allowing migrants not living in her apartment to register it as their place of residence. However, these charges relate to her activities in 2013, before the “false registration” of migrants had become an official criminal offence.
On 3 January 2014, the Russian authorities adopted new amendments to the Criminal Code establishing criminal liability for the false registration of migrants in individuals' apartments. On 11 March 2014, Obninsk Investigative Committee opened a first criminal case against Tatiana Kotlyar accusing her of “false registration” for her role in assisting migrants in this way in 2014. In addition, the investigative authorities ordered a psychiatric assessment and imposed a travel ban on the human rights defender. However, on 7 July 2014 the head of the Investigative Committee annulled both orders. The investigation is still ongoing.
On 24 October 2014, the investigative authorities brought a new criminal case against Tatiana Kotlyar under Articles 322.2 (fictitious registration of a foreign citizen in the place of residence) and 322.3 (fictitious registration of a foreign citizen or stateless person at the place of stay in a residential area in the Russian Federation) of the Russian Federation's Criminal Code. On this occasion, the human rights defender was charged for her activities in 2013 when the “false registration” of migrants was not a criminal offence.
Despite the criminal prosecution, Tatiana Kotlyar continues her work to assist migrants and refugees in Obninsk. Since the middle of July 2014 she has been informing the local Obninsk State Migration Service that she is allowing Ukrainian refugees to register her home as their address. She states that the authorities in the Russian Federation should provide residence registration for refugees as otherwise they are deprived of basic rights and access to basic social services.
Front Line Defenders is gravely concerned about the criminal cases against Tatiana Kotlyar. For more information please visit her page on Front Line Defenders web-site.
Front Line Defenders urges the authorities in the Russian Federation to:
1. Immediately and unconditionally drop all charges against human rights defender Tatiana Kotlyar as it is believed that those charges are motivated solely by her peaceful and legitimate human rights work;
2. 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.
