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CERD/C/117/D/85/2023

X, Y and Z v. Russian Federation

UNO-Ausschuss gegen Rassendiskriminierung (CERD) · 2026-04-23 · en UN

Decision on merits; Subjects: RACE RELATIONS, RUSSIAN FEDERATION, RACIAL DISCRIMINATION; [CERD: Rassendiskriminierungsübereinkommen; Convention sur l'élimination de la discrimination raciale; Convenzione sull'eliminazione della discriminazione razziale]

Volltext (verifizierbarer Originaltext)

GE.26-09541 (E) 240726 280726

Committee on the Elimination of Racial Discrimination

Views adopted by the Committee under article 14 of the

Convention, concerning communications No. 85/2023,

No. 86/2023 and No. 87/2023*, **

Communications submitted by:

X, Y and Z (represented by counsel)

Alleged victims:

The authors

State Party:

Russian Federation

Date of communication:

20 December 2022 (initial submission)

Date of adoption of Views:

23 April 2026

Document references:

Decision taken pursuant to rule 100 (4) of the

Committee’s rules of procedure, transmitted to

the State Party on 8 September 2023 (not issued

in document form)

Subject matter:

Racial discrimination against a minority

Indigenous people in Crimea

Procedural issues:

Admissibility; exhaustion of domestic remedies;

substantiation of claims

Substantive issue:

Discrimination on the grounds of national or

ethnic origin

Articles of the Convention:

1 (1), 2 (1) (a), 5 (a), (b), (d) (viii) and (ix) and

(e) and 6

1.1

The authors of the communications are X (communication No. 87/2023),

Y (communication No. 85/2023) and Z (communication No. 86/2023). The authors are

nationals of Ukraine of Crimean Tatar ethnicity, born in 1963, 1982 and 1986, respectively.

They claim that the State Party has violated their rights under articles 1 (1), 2 (1) (a), 5 (a),

(b), (d) (viii) and (e) and 6, as well as, with respect to X and Z, article 5 (d) (ix), of the

Convention. The individual complaints procedure under the Convention entered into force

for the State Party on 1 January 1992. The authors are represented by several lawyers,1

including from the European Human Rights Advocacy Centre.

* Adopted by the Committee at its 117th session (13 April–1 May 2026).

** The following members of the Committee participated in the examination of the communication:

Sheikha Abdulla Ali Al-Misnad, Michał Balcerzak, Pela Boker-Wilson, Chinsung Chung, Bakari

Sidiki Diaby, Régine Esseneme, Guan Jian, Ibrahima Guissé, Gün Kut, Carla Ivette Pousa Caride,

Vadili Mohamed Rayess, Verene Shepherd, Chrispine Gwalawala Sibande, Stamatia Stavrinaki,

Mazalo Tebie, Faith Dikeledi Pansy Tlakula, Abderrahman Tlemçani and Saúl Vicente Vázquez.

1 Jessica Gavron, Camilla Alonzo and Toby Collis (all of the European Human Rights Advocacy

Centre) and Sergei Zaets, Vera Krat, Oksana Maximenyuk and Lyudmila Pankratova.

United Nations

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International Convention on

the Elimination of All Forms

of Racial Discrimination

Distr.: General

28 July 2026

Original: English

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1.2

On 23 April 2026, pursuant to rule 100 (3) of the Committee’s rules of procedure, the

Committee decided to join communications No. 87/2022, No. 85/2018 and No. 86/2018,

submitted by three different authors, for joint consideration and decision, in view of the

substantial factual and legal similarity among them.

Facts as submitted by the authors

2.1

The authors submit that they are Crimean Tatars, who constitute one of the Indigenous

Peoples of Ukraine and an ethnic minority, and whose homeland is Crimea. Crimean Tatars

comprise approximately 0.5% of the population of Ukraine, with 98% of Crimean Tatars

living in the Crimean peninsula.2 The status of Crimean Tatars as an Indigenous community

has been recognized by the European Parliament.3 It has been recognized and accepted by

both the Russian Federation and the International Court of Justice that Crimean Tatars

constitute a distinct ethnic group for the purposes of protection under the Convention.4 The

families of X, Y and Z were deported from Crimea in 1944, but they returned there in 1984

(in the case of X) and 1990 (in the cases of Y and Z). The authors are lawyers and have been

representing other Crimean Tatars in criminal and administrative proceedings since the

annexation of Crimea by the Russian Federation in 2014.

2.2

The authors submit that, after the 2014 annexation of Crimea by the Russian

Federation,5 the State Party justified its actions by citing the political doctrine of the “Russian

world” and the need to protect Russian-speaking populations and its nationals abroad.6

2.3

The authors further note that Crimean Tatars, particularly through their representative

body, the Mejlis,7 opposed the annexation and have since faced systematic discrimination

and persecution by the de facto authorities, resulting in significant displacement8 due to fear

of coercion, legal pressure and social marginalization. According to the authors, international

2 See Open Society Justice Initiative, Human Rights in the Context of Automatic Naturalization in

Crimea (2018). In March 2014, Ukraine recognized the status of Crimean Tatars as an Indigenous

community. See Verkhovna Rada of Ukraine, resolution entitled “On Statement of the Verkhovna

Rada of Ukraine re guarantees of rights of the Crimean Tatar people as a part of the State of Ukraine”,

20 March 2014.

3 European Parliament resolution of 12 May 2016 on the Crimean Tatars, paras. B, F, 2 and 9. See also,

for example, CCPR/C/RUS/CO/7, para. 23; and A/HRC/28/64/Add.1, paras. 6 and 49.

4 International Court of Justice, Application of the International Convention for the Suppression of the

Financing of Terrorism and of the International Convention on the Elimination of All Forms of

Racial Discrimination (Ukraine v. Russian Federation), Preliminary Objections, Judgment, I.C.J.

Reports 2019, p. 588, at paras. 80 and 95.

5 The forcible imposition of Russian law in the Crimean peninsula was subsequently affirmed in

Federal Constitutional Law of the Russian Federation No. 6-FKZ of 21 March 2014 on the Admission

of the Republic of Crimea to the Russian Federation and the Establishment of New Entities, the

Republic of Crimea and the City of Federal Significance of Sevastopol, within the Russian

Federation.

6 See Tadeusz A. Olszański, Arkadiusz Sarna and Agata Wierzbowska-Miazga, “The consequences of

the annexation of Crimea”, Centre for Eastern Studies, 19 March 2014; Orysia Lutsevych, “Agents of

the Russian world: proxy groups in the contested neighbourhood”, Chatham House, April 2016,

pp. 8 and 9; Mikhail Suslov, “‘Russian world’: Russia’s policy towards its diaspora”, Institut français

des relations internationales, July 2017; Russian Federation, Presidential Executive Office, “Vladimir

Putin answered journalists’ questions on the situation in Ukraine”, 4 March 2014; and Global Rights

Compliance, International Law and Defining Russia’s Involvement in Crimea and Donbas (2022),

paras. 3.3.1.2 and 3.3.1.3.

7 The Mejlis of the Crimean Tatar People, created in 1991, is an executive body of Crimean Tatars. In

2016, following the annexation of Crimea by the Russian Federation, it was prohibited by Russian

authorities as an extremist organization.

8 According to the Mission of the President of Ukraine in the Autonomous Republic of Crimea, as at

5 July 2019, 39,771 residents had left Crimea since 2014 (“Zvit pro rezultaty diialnosti

Predstavnytstva Prezydenta Ukrainy v Avtonomnii Respublitsi Krym za II kvartal 2019 roku”, p. 13).

As the authorities list only officially registered persons, it is possible that the actual data are different

and that the number of those displaced from Crimea is higher. OHCHR reported that Crimean Tatars

constituted a large proportion of those displaced (“Situation of human rights in the temporarily

occupied Autonomous Republic of Crimea and the city of Sevastopol (Ukraine)”, 25 September 2017,

para. 50).

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organizations, including the United Nations human rights treaty bodies,9 the Office of the

United Nations High Commissioner for Human Rights (OHCHR),10 the Organization for

Security and Cooperation in Europe (OSCE)11 and the Council of Europe, have extensively

documented these violations. They state that Ukraine has brought claims against the Russian

Federation before the International Court of Justice under the Convention, 12 alleging a

targeted campaign against Crimean Tatars encompassing enforced disappearances, arbitrary

detention, suppression of media and cultural expression, imposition of Russian citizenship

and the banning of the Mejlis. The authors note that the European Court of Human Rights

has recognized such claims as prima facie substantiated in the inter-State case of Ukraine v.

Russia (re Crimea).13

2.4

The authors note that, since 2014, the Russian authorities in Crimea have pursued a

systematic pattern of discrimination against Crimean Tatars. They state that the Mejlis was

banned in 2016 as an “extremist organization”,14 dismantling the community’s primary

political institution, while its leaders15 and members have faced targeted persecution, entry

bans, politically motivated prosecutions, convictions in absentia and lengthy prison sentences.

The authors note that anti-extremism and anti-terrorism legislation has been applied

disproportionately, with mass raids, arbitrary arrests and prosecutions often linked to alleged

9 See, for example, CERD/C/RUS/CO/23-24, paras. 11, 19 and 20; follow-up letter sent by the

Committee on the Elimination of Racial Discrimination to the Russian Federation, 13 December

2019; CCPR/C/RUS/CO/8, paras. 38 and 39; CCPR/C/RUS/CO/7, para. 23; and CAT/C/RUS/CO/6,

para. 48.

10 For example, OHCHR, “Report on the human rights situation in Ukraine”, 15 November 2014,

paras. 209 and 212–225; OHCHR, “Situation of human rights in the temporarily occupied

Autonomous Republic of Crimea and the city of Sevastopol (Ukraine)”, 25 September 2017,

paras. 50, 78, 81, 90, 92, 97, 101–103, 107, 108, 152 and 168; and the conference room paper of

OHCHR entitled “Report on the situation of human rights in the temporarily occupied Autonomous

Republic of Crimea and the city of Sevastopol, Ukraine 13 September 2017 to 30 June 2018”,

paras. 3, 30, 31, 42, 50 and 55, available at

https://documents.un.org/doc/undoc/gen/g18/282/16/pdf/g1828216.pdf.

11 Organization for Security and Cooperation in Europe (OSCE), Human Rights Assessment Mission in

Ukraine: Human Rights and Minority Rights Situation (2014); and OSCE, Report of the Human

Rights Assessment Mission on Crimea (6–18 July 2015) (2015). See also, for example, Commissioner

for Human Rights of the Council of Europe, “Report by Nils Muižnieks, Commissioner for Human

Rights of the Council of Europe, following his mission in Kyiv, Moscow and Crimea from 7 to

12 September 2014”, 27 October 2014, paras. 20–28; European Parliament resolution of 12 May 2016

on the Crimean Tatars; Parliamentary Assembly of the Council of Europe, resolution 2387 (2021),

entitled “Human rights violations committed against Crimean Tatars in Crimea”, paras. 5, 6, 7, 10, 12

and others; and European Parliament, Directorate-General for External Policies, The Situation of

National Minorities in Crimea Following its Annexation by Russia (2016).

12 International Court of Justice, Application of the International Convention for the Suppression of the

Financing of Terrorism and of the International Convention on the Elimination of All Forms of

Racial Discrimination (Ukraine v. Russian Federation), Application instituting proceedings, filed in

the Registry of the Court on 16 January 2017.

13 Ukraine v. Russia (re Crimea), Applications No. 20958/14 and No. 38334/18, Decision, 16 December

2020, paras. 391, 450, 467, 479, 495, 504, 506 and 508–510.

14 On 15 February 2016, the Prosecutor of the Republic of Crimea brought an action against the Mejlis

under article 262 of the Code of Administrative Procedure of the Russian Federation and article 9 of

Federal Law No. 114-FZ of 25 July 2002 on Counteracting Extremist Activities. The Prosecutor

sought a judgment of the Supreme Court of Crimea declaring the Mejlis an extremist organization and

banning its activities. On 12 April 2016, the Prosecutor of the Republic of Crimea temporarily

suspended activities of the Mejlis, and on 26 April 2016, the Mejlis was declared an extremist

organization by the Supreme Court of Crimea and was banned from conducting any activities. The

ban was upheld by the Supreme Court of the Russian Federation on 29 September 2016.

15 For example, the authorities of the Russian Federation imposed a five-year ban on entry to the

territory of Crimea on Mustafa Dzhemilev (former Chair of the Mejlis) and Refat Chubarov (Chair of

the Mejlis), in April and July 2014, respectively. See Commissioner for Human Rights of the Council

of Europe, “Report by Nils Muižnieks, Commissioner for Human Rights of the Council of Europe,

following his mission in Kyiv, Moscow and Crimea from 7 to 12 September 2014”, para. 21; and

Crimean Human Rights Group and others, Human Rights in Crimea During the Seven Years of

Russian Occupation (2021), p. 23.

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affiliation with banned organizations such as Hizb ut-Tahrir.16 They further observe that

serious human rights violations, including enforced disappearances, torture, extrajudicial

killings and abductions, have been documented,17 as exemplified by the killing of Reshat

Ametov.18

2.5

The authors state that cultural repression has also been systematic, including

restrictions on public commemorations, 19 freedom of assembly 20 and education in the

Crimean Tatar language, applied discriminatorily as compared with pro-Russian groups.21

Crimean Tatars, including the authors, have also been targeted with the issuance of warnings

against them for so-called “extremist actions” when they have sought to organize or

participate in public gatherings or events, including events to commemorate the 1944

deportation of Crimean Tatars. On 29 October 2021, 31 Crimean Tatars were detained after

taking part in a rally in support of Crimean Tatar defendants in one of the proceedings known

as the “case of the Crimean Muslims”. Twenty-two of those detained were charged with

participation in an unauthorized mass event under the Code of Administrative Offences of

the Russian Federation.

2.6

On 25 October 2021, there was a large gathering at the so-called Crimean garrison

military court to listen to a video stream of court proceedings concerning the appeal of three

Crimean Tatars, who are part of a group of Hizb ut-Tahrir defendants known as the

“Krasnogvardeysk group”. More than 20 Crimean Tatars, including human rights defenders

and journalists, were detained by officers from the Centre for Combating Extremism (Centre

E) and were charged under article 20.2.2 (1) of the Code of Administrative Offences of the

Russian Federation, allegedly for gathering in breach of coronavirus disease (COVID-19)

regulations. In the documents relating to their detention, the police of the Russian Federation

noted that a gathering of “citizens of Crimean Tatar ethnicity” had been observed. A number

of those detained were clients of Z. Z was arbitrarily arrested after attending police

department No. 3 (“Central”) of the Directorate of the Ministry of Internal Affairs of the

Russian Federation for Simferopol in order to provide legal assistance to his clients.

2.7

Crimean Tatar media entities have been denied registration and/or licences to operate

under Russian legislation, and education in the Crimean Tatar language has been restricted.22

16 An organization associated with Islam that has been designated as a terrorist organization in the

Russian Federation.

17 Parliamentary Assembly of the Council of Europe, resolution 2387 (2021), entitled “Human rights

violations committed against Crimean Tatars in Crimea”, paras. 4 and 13.3.1; and European

Parliament resolution of 12 May 2016 on the Crimean Tatars, para. B.

18 High-profile disappearances include the case of Reshat Ametov, a Crimean Tatar who disappeared

after attending a protest in Simferopol on 3 March 2014 and whose body was found on 15 March

2014 showing signs of torture; and the disappearance of Crimean Tatar cousins Islyam Dzhepparov

and Dzhevdet Islyamov, relatives of a former member of the Mejlis, who were abducted on

27 September 2014 by men in military uniform. See OHCHR, “Report on the human rights situation

in Ukraine”, 15 November 2014, paras. 212–217; and Crimean Tatar Resource Center, “Contributions

for the study of the Working Group on Enforced or Involuntary Disappearances on the topic of

‘standards and public policies for an effective investigation of enforced disappearances’”, 2019.

19 See, for example, Crimean Tatar Resource Center, “Crimean Tatar activist was given a warning on

the inadmissibility of breaking the law”, 22 April 2021; Kharkiv Human Rights Protection Group,

“Russia calls celebrating Crimean Tatar Flag Day ‘extremism’ and threatens prosecution”, 25 June

2021; Kharkiv Human Rights Protection Group, “Remembrance banned as ‘extremism’ and political

trials on anniversary of Crimean Tatar deportation”, 18 May 2021; Kharkiv Human Rights Protection

Group, “Crimean Tatar rights activist takes Russian prosecutor to court over ‘warnings against

extremism’”, 15 July 2020; and Kharkiv Human Rights Protection Group, “Russian occupiers warn

against using an ‘extremist symbol’ on Crimean Tatar Flag Day”, 27 June 2019.

20 See Crimean Human Rights Group, “Discrimination of Crimean Tatars and freedom of peaceful

assembly”, 22 November 2021; and Crimean Human Rights Group, “Crimean human rights situation

review”, October 2021.

21 OSCE, “Freedom of assembly in Crimea occupied by the Russian Federation”, 17 April 2015, p. 2.

22 OHCHR, “Situation of human rights in the temporarily occupied Autonomous Republic of Crimea

and the city of Sevastopol (Ukraine)”, 25 September 2017, para. 157.

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2.8

Lastly, the authors note that these patterns have persisted and intensified following

the full-scale invasion by the Russian Federation of Ukraine, with continued enforced

disappearances and disproportionate targeting in mobilization efforts. The authors emphasize

that detentions frequently targeted participants in peaceful assemblies based on ethnicity and

affected lawyers, human rights defenders, journalists and even minors, raising serious

concerns regarding due process and access to legal representation.23 They cite a report by the

Secretary-General,24 noting that such measures appear aimed less at public health and more

at discouraging peaceful assembly, highlighting their discriminatory and disproportionate

nature.

2.9

In their respective appeals, X, Y and Z advanced substantially similar claims, alleging

that the decisions of the Kyiv District Court of Simferopol (in Y’s case) and the Central

District Court of Simferopol (in X’s and Z’s cases) were discriminatory on the basis of their

ethnicity as Crimean Tatars. They argued that their administrative prosecution formed part

of a broader pattern of persecution targeting Crimean Tatars as an ethnic minority, in

violation of the guarantees of equality and non-discrimination under domestic and

international law, including article 19 of the Constitution of the Russian Federation, article

14 of the Convention for the Protection of Human Rights and Fundamental Freedoms

(European Convention on Human Rights), article 26 of the International Covenant on Civil

and Political Rights, and the International Convention on the Elimination of All Forms of

Racial Discrimination. In support of these claims, X, Y and Z referred to a series of related

incidents involving the detention and prosecution of other Crimean Tatars, including legal

professionals, arguing that these circumstances demonstrated a systemic and discriminatory

enforcement practice. In each case, the Supreme Court of the Republic of Crimea dismissed

the allegations of discrimination, finding that there was no evidentiary basis in the case files

to substantiate claims that the proceedings had been motivated by ethnic bias.

2.10

The facts relevant to each individual communication are summarized below.

2.11

X has worked as a human rights defender since 1997 and has represented many

high-profile Crimean Tatars. Between 2001 and 2013, she was a member of the Mejlis, where

she headed the department of Crimean Tatar language education. On 25 October 2021, she

arrived at a police station in Simferopol to provide legal assistance to detainees, including Y.

After leaving the station, she made public statements to the media and those gathered outside.

On 26 May 2022, she was detained outside the Kyiv District Court of Simferopol while

preparing to represent Z and was charged under article 20.2.2 of the Code of Administrative

Offences of the Russian Federation for alleged participation in a mass gathering on

25 October 2021. On 28 May 2022, she was sentenced by the Central District Court of

Simferopol to five days of administrative detention. She was held in poor conditions, which

had a detrimental impact on her health. Her appeal was rejected by the Supreme Court of the

Republic of Crimea on 22 June 2022.

2.12

Y was admitted to practise law in 2016 and has defended many Crimean Tatars,

including a Deputy Chair of the Mejlis. On 25 October 2021, he arrived at a police station in

Simferopol to provide legal assistance to more than 20 detained Crimean Tatars. He was

subsequently detained and charged with two counts of disobedience to the police under

article 19.3 (1) of the Code of Administrative Offences after recording a conversation with

police officers and refusing a strip search. On 11 November 2021, he was sentenced to

12 days of administrative detention and fined 4,000 roubles; these decisions were upheld on

18 November and 20 December 2021 by the Supreme Court of the Republic of Crimea. His

case was denounced by two Human Rights Council special procedure mandate holders,25 and

he was released on 23 November 2021, after which several Crimean Tatars who had gathered

to witness his release were arrested. On 26 May 2022, he was again arrested and charged

under article 20.3.3 of the Code of Administrative Offences based on a Facebook post in

which he had been tagged and which he had promptly deleted a month prior. On 27 May

23 See, for example, RUS 4/2020, RUS 10/2019, RUS 2/2019 and RUS 14/2018. All allegation letters

and/or urgent appeals mentioned in the present document are available from

https://spcommreports.ohchr.org/Tmsearch/TMDocuments.

24 A/HRC/50/65, para. 28.

25 See RUS 12/2021.

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2022, he was fined 75,000 roubles by the Kyiv District Court of Simferopol. His appeal was

rejected on 29 June 2022.

2.13

Z has been engaged in human rights defence since 2016, advising Crimean residents,

including Crimean Tatars, persecuted by the Russian authorities. He was admitted as a lawyer

in 2019 and has since represented several Crimean Tatars, including those accused of

involvement in Hizb ut-Tahrir. On 25 and 26 October 2021, he provided legal assistance to

Y and made a public statement outside the police station. On 27 May 2022, after representing

Y in court, he was arrested by the Centre for Combating Extremism (Centre E) and charged

under article 20.2.2 of the Code of Administrative Offences for alleged participation in a

mass gathering related to the October 2021 events. He was sentenced the same day by the

Central District Court of Simferopol to eight days of administrative detention. His appeal

was rejected on 29 June 2022.

2.14

X, Y and Z each appealed the decisions against them to the Supreme Court of the

Republic of Crimea, claiming discrimination on the basis of ethnicity. On 22 June (in the

case of X) and 29 June (in the cases of Y and Z) 2022, their three appeals were rejected. The

authors claim that they have been subjected to discriminatory judicial harassment as part of

a broader pattern of systemic racial discrimination against Crimean Tatars in Crimea. They

refer, in this regard, to ongoing proceedings before the International Court of Justice and the

European Court of Human Rights.26

Complaint

3.1

The authors submit that the Supreme Court of the Republic of Crimea is de facto the

highest court in the Crimean peninsula and that its decisions are final. They conclude that

there are no further effective domestic remedies available to them. In the alternative, they

refer to the Committee’s admissibility decision in Qatar v. United Arab Emirates,27 claiming

that the requirement to exhaust domestic remedies should be considered inapplicable due to

the existence of a generalized policy and practice of racial discrimination by the State Party

against Crimean Tatars.

3.2

The authors claim that the State Party has violated article 1 (1) of the Convention, as

they have been subjected to different treatment on the grounds of their ethnicity and their

association with other Crimean Tatars, as lawyers representing individuals of Crimean Tatar

ethnicity.

3.3

The authors submit that their administrative prosecution under article 20.2.2 of the

Code of Administrative Offences was based on their ethnicity and on their legal

representation of other Crimean Tatars. Their prosecution was part of an ongoing pattern of

State harassment intended to repress and silence Crimean Tatar lawyers who defend other

Crimean Tatars. The repression by the State Party of Crimean Tatars, who have been opposed

to the occupation that began in 2014, as an ethnic minority has been perpetrated in pursuit of

the State Party’s policy to “Russify” Crimea and is inherently discriminatory. In light thereof,

the authors submit that the discriminatory and abusive administrative proceedings against

them have had both the purpose and the effect of impairing the enjoyment of their rights, in

violation of the State Party’s obligations under article 1 (1) of the Convention.

3.4

They also claim a violation of their rights to equal treatment before the Crimean courts,

security of person, freedom of opinion and expression, and work, as lawyers representing

other Crimean Tatars, under article 5 (a), (b), (d) (viii) and (e), as well as, with respect to X

and Z, article 5 (d) (ix), of the Convention.

3.5

Lastly, they claim that the State Party breached article 2 (1) (a) of the Convention by

engaging in acts or practices of racial discrimination and failed to ensure an adequate remedy

against racial discrimination under article 6 of the Convention.

26 International Court of Justice, Application of the International Convention for the Suppression of the

Financing of Terrorism and of the International Convention on the Elimination of All Forms of

Racial Discrimination (Ukraine v. Russian Federation); and European Court of Human Rights,

Ukraine v. Russia (re Crimea), Applications No. 20958/14 and No. 38334/18.

27 CERD/C/99/4.

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State Party’s observations on admissibility and the merits

4.1

In a note verbale dated 2 February 2024, the State Party submitted its observations on

the admissibility and merits of the communication. The State Party rejects the allegations

advanced by the authors and maintains that no violations of the Convention have occurred.

It submits that the measures taken against the authors constituted lawful, necessary and

proportionate responses to administrative offences under national law and were applied

without any discrimination.

4.2

The State Party submits that Y was twice held administratively liable for failure to

comply with lawful orders of police officers, namely, his refusal to cease video and audio

recording within a restricted Ministry of Internal Affairs facility in Simferopol and to undergo

a personal search. By decisions of the Central District Court of Simferopol, he was found

guilty under article 19.3 (1) of the Code of Administrative Offences and sentenced to 12 days

of administrative detention and a fine of 4,000 roubles. The State Party observes that these

decisions were upheld by the Supreme Court of the Republic of Crimea. It recalls that the

domestic courts found the legal classification of the acts to be correct, the procedural

requirements and limitation periods to have been duly respected and the evidence to be

sufficient, with no indication of bias or interest on the part of the police officers involved.

4.3

The State Party further submits that, by a decision of the Kyiv District Court of

Simferopol, Y was found guilty under article 20.3.3 (2) of the Code of Administrative

Offences. This finding was based on a post on Facebook, which contained calls to participate

in unauthorized public events and was assessed by the competent authorities as aimed at

discrediting the use of the Armed Forces of the Russian Federation. He was consequently

fined 75,000 roubles.

4.4

The State Party also notes that, by decisions of the Central District Court of

Simferopol, X and Z were found guilty under article 20.2.2 (1) of the Code of Administrative

Offences. It observes that, on 25 and 26 October 2021, they participated in a mass

simultaneous gathering near a police facility in Simferopol in support of detained individuals.

The domestic courts established that their actions resulted in breaches of public order and

applicable sanitary regulations in force during the COVID-19 pandemic. They were

sentenced to administrative detention for five and eight days, respectively, with the findings

supported by a body of evidence.

4.5

The State Party observes that, in their communications, the authors allege that, since

2014, the Russian authorities have engaged in discriminatory and persecutory practices

against Crimean Tatars, including extrajudicial executions, abductions, torture and other

forms of treatment purportedly constituting inhuman or degrading treatment. The State Party

further notes that the authors rely on reports by Ukrainian and Western human rights

organizations and other materials of an anti-Russian nature.

4.6

The State Party observes that, pursuant to article 14 (7) of the Convention, the

Committee is not to consider any communication unless it has ascertained that all available

domestic remedies have been exhausted. In this regard, the State Party notes that, under

article 30.13 (1) of the Code of Administrative Offences, complaints against final decisions

in administrative offence cases may be submitted to cassation courts of general jurisdiction,

as well as to the Supreme Court.

4.7

The State Party further submits that these remedies are effective in practice. It refers

to statistical data indicating that, in the first half of 2023, the Administrative Chamber of the

Supreme Court of the Russian Federation considered 4,460 complaints, of which 401 cases

were examined on the merits, and 91 complaints were upheld in whole or in part. Likewise,

cassation courts of general jurisdiction have overturned or amended a significant number of

administrative decisions annually between 2020 and 2023.

4.8

However, the State Party notes that, according to the information before the

Committee, the authors did not avail themselves of these remedies, as they failed to lodge

cassation appeals either with the cassation courts of general jurisdiction or with the Supreme

Court. Accordingly, the State Party submits that the present communication is inadmissible

under article 14 (7) of the Convention for failure to exhaust available domestic remedies.

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Furthermore, the State Party observes that, in the absence of statutory time limits for filing

such cassation appeals, the authors retain the possibility of pursuing these remedies.

4.9

The State Party recalls that, with regard to article 1 (1) of the Convention, the authors

have failed to demonstrate any link between the measures taken against them and their ethnic

origin. It notes that the proceedings against Y arose from his refusal to comply with lawful

police orders and conduct deemed to discredit the Armed Forces of the Russian Federation,

while those against X and Z concerned their participation in a mass gathering that disrupted

public order. The State Party submits that these measures were based solely on the authors’

conduct. It further notes that the relevant legal provisions are neutral in nature and apply

equally to all individuals and that the authors have not demonstrated that persons of a

different ethnic origin in similar situations were treated more favourably.

4.10 In the light of the above, the State Party submits that the communication is

unsubstantiated and inadmissible and respectfully invites the Committee to find that no

violation of the Convention has occurred.

Authors’ comments on the State Party’s observations on admissibility and the merits

5.1

On 23 July 2024, the authors submitted their comments on the State Party’s

observations on admissibility and the merits.

5.2

The authors state that they have exhausted all available and effective domestic

remedies within the meaning of the jurisprudence of the United Nations human rights treaty

bodies and contest the State Party’s claim to the contrary. They argue that the State Party

relies primarily on general statistical data regarding cassation and supervisory review

procedures and fails to demonstrate the practical availability and effectiveness of such

remedies in cases comparable to theirs, particularly in the context of the occupation of Crimea.

In this regard, the authors emphasize that the relevant assessment should concern the

accessibility of remedies in similar cases within the specific territorial and factual context,

rather than nationwide statistics.

5.3

The authors further note that, contrary to the State Party’s assertion, one of the authors,

Y, did in fact lodge a cassation appeal, which resulted in the quashing of one of the decisions

against him.28 However, they claim that this outcome does not demonstrate the effectiveness

of the remedy. On the contrary, they argue that it illustrates its ineffectiveness, as the

sanctions imposed – namely, administrative detention and a fine – had already been executed

prior to the appeal, and no mechanism for adequate redress or compensation was provided.

They further maintain that the quashing of the decision on procedural grounds did not

eliminate the negative consequences suffered and did not remove Y’s victim status.

5.4

Moreover, the authors contend that the mere formal availability of cassation review

does not render it an effective remedy. They argue that the absence of procedural time limits,

the discretionary nature of the review and the practical constraints linked to short limitation

periods for administrative offences undermine its effectiveness. In particular, they note that,

once the limitation period has expired, courts are unable to examine the merits of a case and

may only address procedural issues, as demonstrated in the case of Y. They also stress that

the outcome in that case was based on specific procedural irregularities and cannot be

regarded as indicative of the general effectiveness of the remedy.

5.5

In this respect, the authors refer to the jurisprudence of United Nations treaty bodies

demonstrating that such supervisory or cassation review procedures are not considered

effective remedies. In particular, they rely on the Views of the Human Rights Committee in

Popova v. Russian Federation,29 where that Committee rejected the State Party’s argument

of non-exhaustion, noting that the State had failed to demonstrate whether and in how many

cases supervisory review procedures in administrative matters had been successfully applied.

28 In particular, one of the decisions against Y, namely, the decision of the Central District Court of

Simferopol dated 11 November 2021, was quashed by the Fourth Cassation Court of General

Jurisdiction on 7 August 2023.

29 CCPR/C/122/D/2217/2012.

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Similarly, in Voronkov v. Russian Federation,30 the Human Rights Committee found that

cassation and supervisory review procedures were extraordinary and discretionary remedies

and therefore did not need to be exhausted where the State Party had not demonstrated their

effectiveness in comparable cases.

5.6

The authors also invoked the jurisprudence of the European Court of Human Rights,

referring in particular to Smadikov v. Russia, 31 where the Court emphasized that the

supervisory review procedure under the Code of Administrative Offences lacked specific

time limits and therefore created legal uncertainty, undermining its effectiveness as a remedy

for the purposes of admissibility.

5.7

Lastly, the authors argue that, in the context of a generalized pattern of discriminatory

practices against Crimean Tatars in occupied Crimea, domestic remedies cannot be

considered effective. They maintain that such circumstances further absolve them of the

obligation to exhaust domestic remedies. Accordingly, the authors request the Committee to

reject the State Party’s arguments of inadmissibility and to proceed with its consideration of

the communication on the merits under article 14 of the Convention.

5.8

With regard to the merits, the authors state that the State Party’s assertion that there

was no evidence of ethnic discrimination is unfounded and fails to engage with the substance

of their claims. They note that the State Party artificially narrowed the scope of the complaint

to the absence of direct discrimination in the imposition of administrative liability, while

disregarding the broader context of intimidation, harassment and systemic persecution of

Crimean Tatars, within which the impugned measures must be assessed.32

5.9

The authors emphasize that proof of direct discrimination is not required, as indirect

discrimination may be established through evidence of differential treatment or

disproportionate impact on a protected group. In this regard, they reiterate that the

administrative proceedings against them were unfounded, abusive and punitive and formed

part of a wider pattern of harassment targeting them as Crimean Tatar lawyers and human

rights defenders. They further stress that these actions must be understood against the

background of a broader campaign of discriminatory persecution of Crimean Tatars in

occupied Crimea.

5.10

The authors state that, since 2014, 234 individuals have been prosecuted in occupied

Crimea for alleged violations of public order during mass gatherings, 205 of whom (almost

90%)33 were Crimean Tatars, indicating disproportionate targeting of this population. They

cite incidents between September and November 2021, including the detention of 53 Tatars

on 4 September for enquiring about previously arrested individuals; 15 on 11 October outside

a court hearing; over 20 on 25 October at the Crimean garrison military court; 31 on

29 October at a rally; 18 on 1 November at the military court; and 32 on 23 November in

Simferopol during the release of Y.

5.11

The authors further note that the Secretary-General’s report of June 2022 indicated

that sanctions for alleged COVID-19 regulation violations, which would include those

against Z, appeared to be aimed at discouraging peaceful assemblies rather than protecting

public health. They cite the call by the Commissioner for Human Rights of the Council of

Europe for the Russian authorities to review the legal framework on public gatherings and

ensure the protection of minorities rather than their harassment.34

30 CCPR/C/136/D/2951/2017.

31 Application No. 10810/15.

32 Amnesty International, “Russia/Ukraine: 10 years of occupation of Crimea”, March 2024, p. 10; and

CrimeaSOS, “107 people became victims of persecution for ‘involvement in Hizb ut-Tahrir’”,

16 January 2024. See also Amnesty International, “Terrorising the dissent: abuse of terrorism-related

charges in Russia”, 19 February 2024, p. 5; and https://hudoc.echr.coe.int/eng?i=001-221291.

33 See Commissioner for Human Rights of the Council of Europe, “Crimean Tatars’ struggle for human

rights”, 18 April 2023.

34 A/HRC/50/65, para. 28; and Commissioner for Human Rights of the Council of Europe, “Crimean

Tatars’ struggle for human rights”, p. 18.

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5.12

The authors also submit that the extension of the application of Russian legislation to

Crimea, in the context of policies of “Russification,” inherently results in differential

treatment based on ethnicity, disproportionately affecting Crimean Tatars as an Indigenous

minority. They argue that the enforcement of laws on public assemblies and public order has

been systematically used to suppress Crimean Tatar cultural, political and civic expression,

as demonstrated by disproportionate arrests, detentions and prosecutions.35

5.13

Furthermore, the authors highlight that legal professionals representing Crimean

Tatars, including the authors, have been subjected to targeted judicial harassment, arbitrary

detention, disbarment and intimidation, illustrating a broader strategy aimed at suppressing

legal defence and silencing dissent within the community.36

5.14

With respect to the burden of proof, the authors argue that they established a prima

facie case of discrimination, thereby shifting the burden to the State Party to demonstrate that

its actions were non-discriminatory and applied equally in comparable situations. However,

the State Party failed to provide concrete or verifiable evidence, relying instead on general

assertions.

5.15

The authors further rely on relevant international jurisprudence, noting in particular

that the European Court of Human Rights, in Ukraine v. Russia (re Crimea), found an

administrative practice of discrimination against Crimean Tatars, including through arbitrary

prosecutions, restrictions on assemblies and judicial harassment, and submit that similar

conclusions should be drawn in the present case.

5.16

Lastly, while acknowledging the judgment of the International Court of Justice of

31 January 2024 in Ukraine v. Russian Federation, the authors argue that it does not preclude

the Committee from reaching its own conclusions, given the differences in scope and facts.

They also refer to recent jurisprudence of the Human Rights Committee confirming that

discrimination may arise in contexts of occupation and armed conflict.37

5.17

The authors maintain that they have established discriminatory treatment contrary to

the Convention and request the Committee to proceed with its consideration of the

communication on the merits. The authors reiterate that they have presented compelling

evidence demonstrating a pattern of discriminatory practices by the State Party against the

Crimean Tatar population. They state that the documented instances of judicial harassment,

disproportionate arrests and detentions targeting Crimean Tatars, particularly lawyers and

those opposing the occupation of Crimea, reveal a systematic campaign of persecution,

notwithstanding the State Party’s assertions to the contrary.

5.18

In the light of the above, the authors request the Committee to reject the State Party’s

arguments, to declare the communication admissible and to examine it on the merits under

article 14 of the Convention. They further invite the Committee to find violations of

articles 1 (1), 2 (1) (a), 5 (a), (b), (d) (viii) and (e) and 6, as well as, with respect to X and Z,

article 5 (d) (ix), of the Convention.

5.19

Lastly, the authors invite the Committee to recommend that the State Party adopt both

individual and general remedies. At the individual level, they request compensation for

pecuniary and moral damage, the review and quashing of the remaining administrative

sanctions and the cessation of ongoing harassment. At the general level, they call for

measures to prevent discriminatory practices against Crimean Tatars, ensure protection of

their fundamental rights, guarantee access to effective remedies and reparation, eliminate

obstacles to the enjoyment of their economic, social, and cultural rights and prevent racial

bias in judicial proceedings.

35 Amnesty International, “Russia/Ukraine: 10 years of occupation of Crimea”, p. 14.

36 Human Rights Watch, “Russian authorities increase pressure on Crimean human rights lawyer”,

14 January 2019; and Commissioner for Human Rights of the Council of Europe, “Crimean Tatars’

struggle for human rights”, p. 17.

37 Bratsylo et al. v. Russian Federation (CCPR/C/140/D/3022/2017), paras. 8.17–8.19.

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Issues and proceedings before the Committee

Consideration of admissibility

6.1

The Committee notes that both the authors and the State Party acknowledge that the

State Party exercises effective control over the territory of the Crimean peninsula, which

engages the State Party’s jurisdiction for the purpose of the Convention.38 The Committee

reiterates its position on the legal status of Crimea under international law and the

fundamental importance of the principle of territorial integrity of all States Members of the

United Nations.39

6.2

Before considering any claim contained in a communication, the Committee must

establish, pursuant to rule 106 (e) of its rules of procedure and article 14 (7) (a) of the

Convention, whether domestic remedies have been exhausted, unless the application of such

remedies is unreasonably prolonged. The Committee takes note of the State Party’s

contention that the authors failed to exhaust all effective domestic remedies by not filing the

cassation appeals available to them. The authors argue that the remedies would have been

ineffective, particularly in the light of the fact that one of them, Y, did file a cassation

appeal before the Fourth Cassation Court of General Jurisdiction. The Committee notes that

Y lodged a cassation appeal before the Fourth Cassation Court of General Jurisdiction in

Krasnodar, which resulted in the quashing of one of the impugned decisions. However,

according to the authors, those cassation proceedings did not provide an effective remedy to

Y in respect of the administrative detention or the fine imposed on him, and no mechanism

for adequate redress or compensation was available to him.

6.3

The Committee recalls that, under article 14 (7) (a) of the Convention, a

communication is to be declared inadmissible unless all available and effective domestic

remedies have been exhausted. As concerns X and Z, the Committee notes that they did not

lodge cassation appeals either before the cassation courts of general jurisdiction or before the

Supreme Court of the Russian Federation. The State Party argued that these remedies were

effective in practice, indicating that, in the first half of 2023, the Supreme Court considered

4,460 complaints, of which 401 cases were examined on the merits, and 91 complaints were

upheld in whole or in part, and that, between 2020 and 2023, cassation courts of general

jurisdiction overturned or amended a significant number of administrative decisions annually.

The Committee considers, however, that, in the present case, the State Party has not

demonstrated, for the purposes of article 14 (7) (a) of the Convention, that the proposed

remedies were effective in the specific circumstances.40 This would have required the State

Party to substantiate that allegations raised by Crimean Tatars were genuinely and effectively

examined within the Russian judicial system, in particular by the cassation courts of general

jurisdiction and the Supreme Court of the Russian Federation.

6.4

The Committee recalls that the requirement to exhaust domestic remedies under

article 14 (7) (a) of the Convention must be applied with some degree of flexibility and

without excessive formalism, particularly where a continuing or administrative practice of

violations affecting a specific group is alleged.

6.5

The Committee notes the authors’ contention that their rights under article 5 (e) of the

Convention were violated. In the absence of further detailed information and explanations,

the Committee finds that the authors failed to sufficiently substantiate their claims under this

provision of the Convention, as is required by rule 95 (1) (f) of the Committee’s rules of

procedure. Accordingly, it declares this part of the communication inadmissible.

38 See, in this regard, European Court of Human Rights, Ukraine v. Russia (re Crimea), Decision,

16 December 2020, paras. 303 et seq. For a similar approach, see also Human Rights Committee,

Bratsylo et al. v. Russian Federation, para. 7.3.

39 CERD/C/RUS/CO/25-26, para. 23.

40 See rule 107 (8) of the Committee’s rules of procedure.

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Considerations of the merits

7.1

The Committee has considered the present communication in the light of all the

submissions made available by the parties, as required under article 14 (7) of the Convention

and rule 113 (1) of its rules of procedure.

7.2

The Committee recalls that article 5 (a) of the Convention guarantees the right of

everyone, without distinction as to race or ethnic origin, to equality before the tribunals and

all other organs administering justice in the State Party. In the present case, the Committee

notes that the authors, all of Crimean Tatar ethnicity, consistently raised arguable claims that

the administrative proceedings against them were discriminatory and formed part of a broader

pattern of discriminatory treatment affecting Crimean Tatars, including lawyers providing

legal assistance to members of that community. These claims were supported not only by the

specific facts as submitted by the authors, but also by contextual and corroborative

information, including evidence of disproportionate targeting of Crimean Tatars in the

enforcement of public order and assembly laws, as reflected in reports by international and

regional human rights bodies and in the statistical information referred to in the footnotes.

The Committee observes, however, that the domestic courts – at two levels of jurisdiction –

dismissed the authors’ allegations of racial discrimination without addressing their substance,

relying on the absence of direct evidence of discriminatory intent and failing to examine the

broader factual context or the cumulative impact of the measures complained of. The

Committee recalls that the right to equality before the courts requires that allegations of racial

discrimination be genuinely and effectively examined. In the absence of any substantive

judicial assessment of the authors’ discrimination claims, the Committee considers that the

authors were not afforded equal treatment before the tribunals within the meaning of

article 5 (a) of the Convention.

7.3

The Committee recalls that article 5 (b) of the Convention guarantees the right of

everyone, without distinction as to race or ethnic origin, to security of person and protection

by the State against violence or bodily harm, whether inflicted by government officials or by

any individual, group or institution. In the present case, the Committee notes that the authors

were subjected to regular detentions that they claim were related to their professional

activities, or activities undertaken on behalf of the Tatar community, including short-term

administrative detention, arrests and police custody. The Committee further notes the

consistent allegations, supported by corroborative material and reports by international and

regional human rights bodies,41 that such detentions formed part of a broader pattern of

intimidation, harassment and punitive enforcement measures disproportionately affecting

Crimean Tatars, including human rights defenders and legal professionals. The Committee

observes that the detentions in question were imposed several weeks or months after the

alleged events, were not shown to be strictly necessary and were accompanied by additional

elements of harassment. In this regard, the Committee considers that the cumulative effect of

the authors’ administrative detention and judicial harassment constitutes an impairment of

their right to personal security. The Committee notes, in particular, that, although Y’s

detention was quashed by the courts, he failed to receive any redress for the violations

suffered. In the absence of any indication that the State Party took measures to prevent or

remedy such discriminatory interference with their security of person, the Committee

concludes that the authors’ rights under article 5 (b) of the Convention were not effectively

protected.

7.4

The Committee further recalls that article 5 (d) (viii) of the Convention guarantees the

right of everyone, without distinction as to race or ethnic origin, to freedom of opinion and

expression. In the present case, the Committee notes that the measures taken against the

authors were closely linked to their expressions of opinion and the exercise of communicative

41 See European Court of Human Rights, Ukraine v. Russia (re Crimea), Decision, 16 December 2020,

where the Court accepted as prima facie substantiated the existence of an administrative practice by

the respondent State in Crimea, established on the basis of corroborated international reports,

including arbitrary detention, judicial harassment and intimidation disproportionately affecting

Crimean Tatars, among them human rights defenders and legal professionals. See also the Grand

Chamber judgment of 25 June 2024, confirming a systematic pattern of repression directed against

Crimean Tatar activists and opponents of the occupation. See also A/HRC/50/65, para. 26.

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activities in the context of their professional and civic engagement, including making public

statements, communicating with journalists, recording interactions with law enforcement

officials and providing legal assistance to detained members of the Crimean Tatar community.

The Committee observes that the authors were subjected to prosecution and detention

following such activities, which, as reflected in the case file and the supporting material, were

treated as grounds for sanction rather than as conduct warranting protection. It further notes

that these measures occurred within a broader context in which expressions associated with

Crimean Tatar identity, dissenting views regarding the situation in Crimea and advocacy on

behalf of Crimean Tatars have been systematically restricted, a matter of concern previously

highlighted by the Committee.42 In the absence of detailed explanations by the State Party

that the interference with the authors’ expressive activities pursued a legitimate aim in a

non-discriminatory and proportionate manner, the Committee considers that the authors’

enjoyment of their right to freedom of opinion and expression was impaired in a manner that

disproportionately affected them as members of a protected ethnic group, contrary to

article 5 (d) (viii) of the Convention.

7.5

As to the claims brought by X and Z under article 5 (d) (ix) of the Convention, the

Committee recalls that this provision guarantees the right of everyone, without distinction as

to race or ethnic origin, to freedom of peaceful assembly and association. It notes that X and

Z were subjected to administrative prosecution and short-term detention in connection with

their presence at peaceful gatherings near judicial and law enforcement institutions, which

took place specifically in response to the detention and prosecution of members of the

Crimean Tatar community. The Committee observes that it is not argued that the gatherings

in question were accompanied by violence and that X and Z attended them in a professional

capacity, including to provide legal assistance and to observe proceedings of public interest.

It further notes that the authorities relied on broadly framed public order and sanitary

regulations to characterize such presence as unlawful assembly, despite the absence of

evidence that X or Z posed any genuine threat to public order or public health.43 As with

restrictions imposed on the rights to freedom of opinion and expression, the Committee

considers that the interference with the authors’ right to peaceful assembly must be assessed

in its broader context. In this regard, it recalls its concluding observations on the combined

twenty-fifth and twenty-sixth periodic reports of the State Party, in which it expressed

concern about the disproportionate restriction of peaceful assemblies affecting members of

certain ethnic minorities and called upon the State Party to ensure and respect the exercise of

the right of peaceful assembly without discrimination.44 In the absence of any indication that

the interference with the assemblies involving X and Z was necessary and proportionate and

was non-discriminatory in nature, the Committee considers that their right to peaceful

assembly was impaired, contrary to article 5 (d) (ix) of the Convention.

7.6

The Committee recalls that article 6 of the Convention obliges States Parties to ensure

effective protection and remedies through the competent national tribunals and other State

institutions against any acts of racial discrimination, as well as the right to seek just and

adequate reparation or satisfaction for damage suffered. In the present case, the Committee

notes that the authors’ allegations of racial discrimination were consistently rejected by the

domestic courts without substantive examination, thereby depriving them of any meaningful

avenue to obtain redress. The Committee further observes that, although one of the authors,

Y, succeeded in having one administrative decision quashed by a higher court, that outcome

did not result in any form of reparation, compensation or other form of satisfaction for the

deprivation of liberty and other harm already suffered, nor did it address the underlying

claims of discriminatory treatment. As regards the other authors, their convictions and

sanctions were upheld, and no remedies were made available to allow them to challenge

effectively the discriminatory nature of the proceedings or to obtain redress for the harms

sustained. The Committee reiterates that remedies under article 6 must be effective in practice

as well as in law and must be capable of providing appropriate relief, including reparation,

42 CERD/C/RUS/CO/25-26, para. 23.

43 For a similar approach, see Human Rights Committee, Poplavny and Sudalenko v. Belarus

(CCPR/C/118/D/2139/2012).

44 See CERD/C/RUS/CO/25-26.

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in cases of discrimination. In the absence of any convincing information as to the existence

of an effective judicial or administrative remedy capable of addressing the authors’

discrimination claims or providing adequate redress, the Committee considers that the State

Party has failed to comply with its obligations under article 6 of the Convention.

7.7

The Committee, acting under article 14 (7) of the Convention, is of the view that the

facts before it disclose a violation of article 5 (a), (b) and (d) (viii), read in conjunction with

article 2 (1) (a), and of article 6 of the Convention, for all authors, and of article 5 (d) (ix),

read in conjunction with article 2 (1) (a), for authors X and Z.

8.

The Committee recalls that, according to the rules of responsibility of States under

international law, any violation of an international obligation that has resulted in harm entails

a duty to make full reparation for the injury caused.45 The Committee emphasizes that it is

the responsibility of the State Party to make reparation for the violations of its obligations

under the Convention and of the rights of the authors established in the present case, which

should include full and effective reparation. Such reparation should encompass, inter alia,

adequate compensation for the material and moral damage suffered, including reimbursement

of the fines imposed, as relevant, as well as other appropriate forms of satisfaction. Moreover,

the Committee requests the State Party to take further measures to ensure that existing

legislation is applied in an effective manner and with due regard to the requirements of the

Convention, including by preventing structural and indirect discrimination and advancing

substantive equality in practice. The State Party is also requested to give wide publicity to

the Committee’s Views, including by disseminating them in its official language or languages,

as well as in the language of the authors.

9.

The Committee wishes to receive from the State Party, within 90 days, information

on the measures taken to give effect to the present Views.

45 Pérez Guartambel v. Ecuador (CERD/C/106/D/61/2017), para. 6.