Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana. State media initially refused to acknowledge the case, but news circulated quickly across social media. On June 25, the supposedly independent but in fact state-controlled blog Guerrero Cubano issued a detailed story about how Hansel was killed. Other official media outlets followed suit the morning of June 27 when the Ministry of Interior issued a press release with the same account of events related by Guerrero Cubano that was reprinted across official state media.
The official version of Hernandez Galiano’s death was that in the course of a regular patrol, two members of the National Revolutionary Police discovered and chased a suspected thief. Official media stated the suspect ran from police but then confronted them and threw large rocks, some of which hit the officers. The government stated that as the suspect was throwing rocks, one officer fired two warning shots and then a final killing shot. The press release concluded by lamenting Hansel’s death but denigrated his character, claiming Hansel had been found guilty of threatening persons, “lascivious abuse,” and robbery with violence, for which he served a prison term and was on probation.
Outside observers identified a number of reasons to doubt the accuracy of the government’s account. Photographs of the body circulated on social media by Hernandez Galiano’s family members showed a single bullet wound, entering via Hansel’s back and emerging from his chest, indicating he was running from the officers, not actively confronting them. The photographs also showed bruising to his face and sutures closing a cut to the head (possibly post mortem). Members of his family said his body was reportedly quickly cremated, after pressure from the government. Activists criticized the press release’s emphasis on Hansel’s alleged criminal record, with one lawyer saying it “demonstrates their desire to treat him as a defendant and not as a victim.” Authorities stated they would investigate the death but as of December had not publicly released results of an investigation.
At least eight prisoners died in custody in a variety of suspicious circumstances. Roberto Jimenez del Sol, a manager in an army-owned shoe store, died in military custody after spending one month in solitary confinement as part of an investigation into missing funds. Although authorities told his family he died of natural causes, his body displayed signs of abuse. The nongovernmental organization (NGO) Cuba Archive documented at least six other prisoners who died in suspicious circumstances. None of these deaths was reported by official media.
There were confirmed reports of long-term disappearances by or on behalf of government authorities. There were multiple reports of detained activists whose whereabouts were unknown for days or weeks because the government did not register these detentions, many of which occurred at unregistered sites.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were recurring reports that members of the security forces and their agents harassed, intimidated, and physically assaulted human rights and prodemocracy advocates, political dissidents, and peaceful demonstrators, and that they did so with impunity. Some detainees and prisoners endured physical abuse by prison officials or other inmates at the instigation of guards. Although the law prohibits coercion during investigative interrogations, police and security forces at times used aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported officers intimidated them with threats of long-term detention, loss of child-custody rights, denial of permission to depart the country, and other punishments.
State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in their use of repressive tactics and human rights abuses and sometimes participated in the abuses directly. For instance, Cuban security force members were embedded in the Maduro regime’s security and intelligence services in Venezuela and were instrumental in transforming Venezuela’s Directorate General of Military Counterintelligence (DGCIM) from a small organization focused on external threats to a much larger organization focused on surveilling Venezuelans and suppressing dissent. UN reports accused the DGCIM of torture, and many former Venezuelan prisoners said that Cubans, identified by their distinctive accents, supervised while DGCIM personnel tortured prisoners.
A December 2019 report from the Casla Institute, a Czech Republic-based NGO focused on governance in Latin America, stated the Cuban ambassador in Venezuela was personally involved in organizing this training. The Casla Institute report also stated, “Cubans constantly instruct members of the FANB [Venezuelan armed forces] and intelligence in techniques of repression, intimidation, and monitoring, so that they carry out investigation work and spy on their own colleagues and their families and political and social leaders, and directly intervene in social unrest.”
Impunity was pervasive. There were no known cases of prosecution of government officials for any human rights abuses, including torture and other cruel, inhuman, or degrading treatment or punishment.
Prison conditions were harsh and life threatening. There were reports that prison officials assaulted prisoners. Prisons were overcrowded, and facilities, sanitation, and medical care were deficient.
The government did not publish official statistics on its prisons. In January, citing information from two senior Ministry of Interior officials, the Spain-based NGO Cuban Prisoners Defenders claimed more than 90,000 persons were in prison, with another 37,000 in other forms of custody such as labor camps, house arrest, or conditional parole.
Physical Conditions: The government provided no information regarding the number, location, or capacity of detention centers, including prisons, work camps, and other kinds of detention facilities. Cuban Prisoners Defenders claimed the government had more than 200 such facilities.
Prison and detention cells reportedly lacked adequate water, sanitation, light, ventilation, and temperature control. Although the government provided some food and medical care, many prisoners relied on their families to provide food and other basic supplies. Potable water was often unavailable. Prison cells were overcrowded. Women reported lack of access to feminine hygiene products and inadequate prenatal care.
In June political prisoner Walfrido Rodriguez Piloto told independent outlet CubaNet he was denied medical care in El Arco del Chico prison camp in Havana’s La Lisa municipality, where he said prisoners were fed less than two ounces of food per day. He said, “This is a concentration camp; I have been here for six days with nephritic colic and without any medical attention. Between the mosquitoes [which carry dengue], the bed bugs, and hunger, I’m going to die here.” He also complained that he was mistreated by fellow prisoners who did “the dirty work” of authorities in exchange for benefits.
Prisoners, family members, and NGOs reported inadequate health care in prisons, which led to or aggravated multiple maladies. Prisoners reported outbreaks of COVID-19, dengue fever, tuberculosis, hepatitis, and cholera. There were reports of prisoner deaths following official indifference to treatable medical conditions such as asthma, HIV, AIDS, and other chronic medical conditions as well as from suicide. Authorities rarely if ever supplied medicine. In May a member of the opposition group Eastern Democratic Alliance posted on Facebook that one of their members, Sandi Fernandez Ortiz, died in Mar Verde Prison in Santiago de Cuba of sepsis due to poor medical care.
Political prisoners were held jointly with the general prison population. Political prisoners who refused to wear standard prison uniforms were denied certain privileges, such as access to prison libraries, reductions in the severity of their sentence, or transfer from a maximum-security to a medium-security prison.
There were credible reports that prison officials assaulted inmates. Political prisoners also reported that fellow inmates, acting on orders from or with the permission of prison authorities, threatened, beat, intimidated, and harassed them.
In July the Inter-American Commission on Human Rights (IACHR) issued a resolution granting precautionary protection measures to Silverio Portal Contreras, who was arrested and beaten in March 2018 following a protest against unsafe housing in Havana. The IACHR resolution detailed complaints made on behalf of Contreras, including reports that following his July 2018 sentencing, prison authorities severely beat Portal on multiple occasions and placed him in an isolation cell, that he was losing his eyesight because of the beatings, that he was denied medical attention for his multiple chronic medical conditions, and that he was prohibited from contacting his family. In determining the gravity of risk to Portal, the IACHR cited the context faced by human rights defenders in Cuba, which it described as “generally characterized by a climate of hostility, abuse, and harassment, particularly with respect to those who have manifested opposition to the government.” On December 1, Portal was released in poor health.
Prisoners reported solitary confinement was a common punishment for failure to comply with prison regulations, and some prisoners were isolated for months at a time. Some prisoners were held incommunicado, without being able to contact friends or family until they were released.
The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, assaults, restrictions on family visits, and denial of medical care.
Administration: There were reports that prison officials assaulted prisoners, but authorities did not investigate credible allegations of mistreatment. Prisoners reported government officials refused to accept or respond to complaints.
Prisoners and pretrial detainees had access to visitors, although several political prisoners’ relatives reported prison officials arbitrarily canceled scheduled visits or denied visits altogether.
Authorities allowed prisoners to practice their religion, but there were isolated reports authorities did not inform inmates of their right to religious services, delayed months before responding to such requests, and limited visits by clergy to a maximum of two or three times per year.
Independent Monitoring: The government did not permit independent international or domestic human rights groups to monitor prison conditions, and it denied access to detainees by international humanitarian organizations. Although the government pledged in previous years to allow a visit by the UN special rapporteur on torture and other cruel, inhuman, and degrading treatment or punishment, no visit occurred during the year.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Although the 2019 constitution adds explicit protections of freedom and human rights, including habeas corpus, authorities did not observe them, nor did the courts enforce them. The government denied a habeas corpus motion on behalf of political prisoner Jose Daniel Ferrer (see section 1.e., Political Prisoners and Detainees), the only time it was known to have been filed.
Arbitrary arrests and short-term detentions increased and became a routine government method for controlling independent public expression and political activity. The government frequently detained activists arbitrarily without informing them of any charges against them and often denied them the ability to communicate with their relatives.
The government broadened arbitrary arrest powers under the pretext of controlling the COVID-19 pandemic. In December the NGO Human Rights Watch released a report documenting 34 cases in which authorities invoked rules concerning the COVID-19 pandemic to target government critics and others. Documented cases included Keilylli de la Mora Valle, a member of the Patriotic Union of Cuba (UNPACU) political group, who was arrested on April 12 for lowering her mask to smoke a cigarette on the street. She was sentenced to 18 months in prison after protesting her treatment by police. In another incident, on November 26, authorities claiming to be medical personnel entered San Isidro Movement headquarters on the pretext of requiring a COVID-19 test of journalist Carlos Manuel Alvarez who had arrived earlier in the year. They were followed by police wearing medical gowns, who proceeded to arrest the protesters, several of whom later stated they were beaten during the arrests. Officers told the dissidents that a criminal complaint had been filed against them for “spreading an epidemic.”
The law requires that police furnish suspects a signed “report of detention,” noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search. Authorities routinely ignored this requirement. Police routinely stopped and questioned citizens, requested identification, and carried out search-and-seizure operations directed at known activists. Police used legal provisions against public disorder, contempt, lack of respect, aggression, and failure to pay minimal or arbitrary fines as ways to detain, threaten, and arrest civil society activists. Police routinely conducted short-term detentions in order to interfere with individuals’ rights to freedom of assembly and freedom of expression, and at times assaulted detainees.
Police and security officials used short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days.
The law allows for “preventive detention” for up to four years of individuals not charged with an actual crime, based on a subjective determination of “precriminal dangerousness,” which is defined as the “special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms.” Mostly used as a tool to control “antisocial” behaviors such as substance abuse or prostitution, authorities also used such detentions to silence peaceful political opponents. Several of the more than 100 individuals considered to be political prisoners by domestic and international human rights organizations were imprisoned under the “precriminal dangerousness” provision of the law.
Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. Investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.
Within the initial 168-hour detention period, by law detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set. Prosecutors may demand summary trials “in extraordinary circumstances” and in cases involving crimes against state security. After the COVID-19 pandemic started to spread in February, the Ministry of Justice regularly invoked “extraordinary circumstances” in order to conduct summary trials.
There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period. In the case of summary trials for persons accused of “propagating an epidemic” for allegedly violating COVID-19 restrictions, accused persons were tried and sentenced without representation from legal counsel or the opportunity to present any defense.
Reports suggested bail was available, although bail was typically not granted to persons arrested for political activities. Time in detention before trial counted toward time served if convicted.
Detainees may be interrogated at any time during detention and have no right to request the presence of counsel during interrogation. Detainees have the right to remain silent, but officials do not have a legal obligation to inform them of that right.
By law investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In the case of the “extraordinary circumstances” waiver, no additional legal requirement exists to complete an investigation and file criminal charges, and therefore authorities may detain a person without charge indefinitely.
Arbitrary Arrest: Officials often disregarded legal procedures governing arrest. They detained suspects longer than the legally mandated period without informing them of the nature of the arrest, without allowing them to contact family members, and without making legal counsel available to them. Police and security officials continued to use short-term and sometimes violent detentions to prevent independent political activity and free assembly. Such detentions generally lasted from several hours to several days. After being taken into custody, these suspects were typically fined and released. The record of the fines frequently lacked information about the law that was broken or the name of the official responsible for the fine, making the fines difficult to contest in court. Sometimes fines formed the basis for preventing persons from leaving the country.
In connection with a planned yearly march on September 8, several activists from UNPACU were arbitrarily detained on September 7. On September 8, immediately after leaving his house with several supporters, UNPACU leader Jose Daniel Ferrer and other supporters were arrested (see also section 2.b., Freedom of Peaceful Assembly). Human rights NGOs reported at least 70 arrests and arbitrary detentions linked to the September 8 “Sunflower Revolution,” a call for nonviolent protests against the regime.
Pretrial Detention: The government held some detainees for months or years in investigative detention, in both political and nonpolitical cases. In nonpolitical cases, delays were often due to bureaucratic inefficiencies and a lack of checks on police. The percentage of prisoners and detainees in pretrial detention was unknown.
e. Denial of Fair Public Trial
While the constitution recognizes the independence of the judiciary, the judiciary is directly subordinate to the National Assembly and the Cuban Communist Party (PCC), which may remove or appoint judges at any time. Political considerations thoroughly dominated the judiciary, and there was no separation of powers between the judicial system, the PCC, and the Council of State.
Civilian courts exist at the municipal, provincial, and national levels. Special tribunals convene behind closed doors for political (“counterrevolutionary”) cases and other cases deemed “sensitive to state security.” Military tribunals may have jurisdiction over civilians if any of the defendants are active or former members of the military, police, or another law enforcement agency. The government denied admission to trials for observers on an arbitrary basis.
The law provides for the right to a public trial, but politically motivated trials were at times held in secret, with authorities citing exceptions for crimes involving “state security” or “extraordinary circumstances.” Many trials concluded quickly and were closed to the press. In April, on the basis of the COVID-19 pandemic public health emergency, most trials were converted to summary trials, with many defendants accused of poorly defined claims of “propagating an epidemic” or a range of crimes referred to as “illicit economic activity,” such as hoarding scarce goods. According to state media, in summary trials neither prosecutors nor defense counsel need to be present, only a judge. This protocol, however, imposes a limit on the length of the sentence. If the potential sentence exceeds one year, defendants are to be assigned a lawyer. If persons hire a lawyer, they may bring one; however, few persons received legal representation.
Due process rights apply equally to citizens and foreigners, but courts regularly failed to protect or observe these rights. The law provides criminal defendants the right not to be compelled to testify or confess guilt. The law presumes defendants to be innocent until proven guilty, but authorities often ignored this, placing the burden on defendants to prove innocence.
The law requires that defendants be represented by an attorney, at public expense if necessary. Defendants’ attorneys may cross-examine government witnesses and present witnesses and evidence. Private attorneys are not licensed to practice in criminal courts, forcing defendants to rely on lawyers who work for the very government that is prosecuting them. These attorneys reportedly were often reluctant to defend individuals charged with political crimes or associated with human rights cases and in many cases did not appear to provide adequate counsel.
Criteria for admitting evidence were arbitrary and discriminatory. According to reports, prosecutors routinely introduced irrelevant or unreliable evidence to prove intent or they offered testimony about the defendant’s “revolutionary credentials,” which are demonstrations of loyalty to the PCC or lack thereof.
Defense attorneys have the right to review the investigation files of a defendant unless the charges involve “crimes against the security of the state.” In “state security” cases, defense attorneys were not allowed access to investigation files until charges were filed. Many detainees, especially political detainees, reported their attorneys had difficulties accessing case files due to administrative obstacles. Interpretation was sometimes provided during trials for non-Spanish speakers, but the government claimed limited resources prevented interpreters from always being available.
In trials where defendants are charged with “precriminal dangerousness,” the state must show only that the defendant has a “proclivity” for crime, so an actual criminal act need not have occurred. Penalties may be up to four years in prison. Authorities normally applied this provision to prostitutes, alcoholics, young persons who refused to report to work centers, repeat offenders of laws restricting change of domicile, and political activists who participated in public protests.
The law recognizes the right of appeal in municipal courts but limits the right of appeal in provincial courts to cases involving lengthy prison terms or the death penalty.
The government held political prisoners and detainees but denied it did so. It refused access to its prisons and detention centers by international humanitarian organizations and the United Nations.
The NGO Cuban Prisoners Defenders estimated there were 134 convicted political prisoners serving sentences as of December 1. Other groups reported different numbers, although figures consistently ranged near 100 or higher. The lack of governmental transparency, along with systemic abuse of due process rights, obscured the true nature of criminal charges, investigations, and prosecutions. This allowed government authorities to prosecute and sentence peaceful human rights activists for criminal violations or “precriminal dangerousness.” The government used the designation of “counterrevolutionary” for inmates deemed to be political opposition, but it did not publicize the number of these inmates. The government closely monitored organizations tracking political prisoner populations, and the organizations often faced harassment from state authorities.
Political prisoners reported the government held them in isolation for extended periods. They did not receive the same protections as other prisoners or detainees. The government frequently denied political prisoners access to home visits, prison classes, telephone calls, and, on occasion, family visits.
The justice system systematically subjected Jose Daniel Ferrer, head of UNPACU, to a wide range of abuses after he was arrested in October 2019 with several colleagues. While he was incarcerated, Ferrer was subjected to routine abuse from fellow prisoners who told him they were being rewarded with special privileges by prison authorities for beating him. During Ferrer’s detention, prison officials at times withheld food and medicine and gave Ferrer only unclean water to drink. Ferrer and his compatriots were convicted of spurious charges of lesiones (inflicting grievous bodily harm) and false imprisonment after a 13-hour trial on February 26 with numerous irregularities.
On the day of Ferrer’s trial, the Ministry of Justice tweeted that Ferrer would get a fair trial but in the same tweet called him “a common criminal” in violation of his right to the presumption of innocence. State media conducted a propaganda campaign against him before his trial that alleged Ferrer was a habitual domestic abuser (which was contradicted by past partners of his). Authorities tightly cordoned off the courthouse and did not allow international observers; most members of the audience were in fact members of the security services. Authorities allegedly attempted to intimidate several defense witnesses. The court ignored evidence (a recorded telephone conversation) from the alleged victim’s wife that suggested the injuries to the alleged victim were the result of a motorcycle accident rather than a beating. The court also ignored evidence that the victim was coerced to testify on behalf of the prosecution.
It is possible to seek judicial remedies through civil courts for violations of administrative decisions, but independent legal experts noted general procedural and bureaucratic inefficiencies often delayed or undermined the enforcement of administrative decisions and civil court orders. Civil courts, like all other courts in the country, lacked independence, impartiality, and effective procedural guarantees. No courts allowed claimants to bring lawsuits seeking remedies for human rights violations. On December 20, the National Assembly postponed approval of the Law for the Claim of Constitutional Rights before the Courts, which would have allowed for lawsuits related to rights protected in the constitution.
The constitution provides for the protection of citizens’ privacy rights in their homes and correspondence, and the law requires police to have a warrant signed by a prosecutor or magistrate before entering or conducting a search. Officials, however, did not respect these protections. Reportedly, government officials routinely and systematically monitored correspondence and communications between citizens, tracked their movements, and entered homes without legal authority and with impunity.
Security forces conducted arbitrary stops and searches, especially in urban areas and at government-controlled checkpoints at the entrances to provinces and municipalities. Authorities used dubious pretenses to enter residences where they knew activists were meeting, such as “random” inspections of utilities or spurious reports of a disturbance. Authorities also used seemingly legitimate reasons–often health-related–such as fumigating homes as part of an antimosquito campaign or door-to-door COVID-19 checks as a pretext for illegal home searches.
On November 9, musician and activist Denis Solis was arrested for “contempt” after he posted a video of himself verbally sparring with a lone police officer who entered Solis’ home without permission and refused to produce a warrant. Criminal procedure requires that officers may enter persons’ residences only with another officer present, and also requires a warrant or exigent circumstances, neither of which appeared to exist in this case. Solis, who had previously been arrested twice for protesting restrictions on freedom of expression, was sentenced to eight months in prison.
The Ministry of Interior employed a system of informants and neighborhood committees, known as Committees for the Defense of the Revolution, to monitor government opponents and report on their activities. Agents from the ministry’s General Directorate for State Security frequently subjected foreign journalists, visiting foreign officials, diplomats, academics, and businesspersons to surveillance, including electronic surveillance.
Family members of government employees who left international work missions or similar activities (such as medical missions, athletic competitions, and research presentations) without official permission at times faced government harassment or loss of employment, access to education, and other public benefits. Family members of human rights defenders, including their minor children, reportedly suffered reprisals related to the activities of their relatives. These reprisals included reduction of salary, termination of employment, denial of acceptance into university, expulsion from university, and other forms of harassment.
Arbitrary government surveillance of internet activity was pervasive and frequently resulted in criminal cases and reprisals for persons exercising their human rights. Internet users had to identify themselves and agree they would not use the internet for anything “that could be considered…damaging or harmful to public security.” User software developed by state universities gave the government access to users’ personal data and communications.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of expression, including for the press, on the condition that the expression “conforms to the aims of socialist society.” The law bans criticism of government leaders and distribution of antigovernment propaganda, with penalties ranging from three months to 15 years in prison.
Freedom of Speech: The government did not tolerate public criticism of government officials or programs, and it limited public debate of topics considered politically sensitive. Several laws criminalize aspects of freedom of expression.
Rather than enforce these laws, police typically used other pretexts to harass and arrest persons exercising freedom of expression. Among the individuals who protested these restrictive laws was Luis Manuel Otero Alcantara, an artist and a leader of the San Isidro Movement (MSI), an organization promoting cultural independence. Several MSI members, such as rapper Maykel Osorbo and Otero Alcantara’s partner Claudia Genlui, were arrested, beaten while in custody, blackmailed by state security, and fined during the year. While some of these arrests were in conjunction with political events or Otero Alcantara’s art, many arrests were arbitrary.
Otero Alcantara, arrested dozens of times in conjunction with his performance art, was charged once, for “defiling national symbols,” a case that was dropped after he spent 13 days incarcerated. He was arrested, among other times: on February 7, for walking around Havana wearing a hard hat in protest of several individuals killed when their state-owned house collapsed; on February 11, for protesting a state television decision to censor a kiss between two men; on September 8, moments after stepping outside his home holding a sign with a black and white sunflower, referencing the country’s patron saint; and on October 10, after gathering individuals to celebrate the anniversary of the Grito de Yara (Cry of Yara, the 1868 start of the country’s independence struggle).
Otero Alcantara was also arrested several times while demonstrating for the freedom of fellow MSI member Denis Solis, including on November 12 when Otero Alcantara and another activist attempted to present a writ of habeas corpus for Solis. Otero Alcantara was arrested on November 26 when authorities raided his house to break up a hunger strike of MSI members. At year’s end he remained on house arrest, despite the government’s not levying charges against him.
State security regularly harassed the organizers of independent debates on cultural and social topics to force them to stop discussing matters deemed controversial. The organizers reported assaults by state security, video surveillance installed outside of venues, and detention of panelists and guests on the days they were expected to appear.
Government workers reported being fired, demoted, or censured for expressing dissenting opinions or for affiliating with independent organizations.
Alexander Raul Pupo Casas told independent media outlet CiberCuba that he was forced out of his residency program in neurosurgery at the Ernesto Che Guevara Hospital. His supervisor, Ponce de Leon Noriega, viewed Facebook posts from Pupo Casas that were critical of the government, including its low salaries for medical professionals. Noriega then publicly denounced Pupo Casas as “counterrevolutionary” and started proceedings to expel him from the hospital.
Religious groups reported increased restrictions on expressing their opinions during sermons and at religious gatherings, with authorities sometimes using COVID-19 restrictions to prevent persons from worshipping. Most members of the clergy exercised self-censorship. Religious leaders in some cases criticized the government, its policies, and the country’s leadership without reprisals. Other religious groups, particularly those not officially state-sanctioned, reported harassment and destruction of houses of worship.
Freedom of Press and Media, Including Online Media: The government or the PCC directly owned all print and broadcast media outlets and all widely available sources of information. News and information programming were generally uniform across all government-controlled outlets. The government controlled all printing presses and nearly all publications. The party censored public screenings and performances. The government limited the importation of printed materials.
Foreign correspondents had limited access to and often were denied interviews with government officials. Foreign correspondents struggled to gather facts and reliable data for stories. The government harassed and denied access to correspondents who reported stories deemed critical of the government. As a result of self-censorship and lack of access, foreign journalists rarely published stories on human rights violations while inside the country. Despite meeting government vetting requirements, journalists belonging to state media institutions who reported on sensitive subjects did so at personal risk, and the government barred them from working for unofficial media outlets in addition to their official duties. The government harassed and threatened any independent citizen journalists who reported on human rights violations.
After Camila Acosta started working as an independent journalist in August 2019, she endured nearly constant state harassment and other abuses for her work. Since February she was forced to move at least six times (including several times during the peak of the COVID-19 outbreak) due to police harassment of her landlords for “hosting a dissident.” She was arbitrarily arrested, detained, abused, fined, threatened, and interrogated at length on many occasions. For example, on July 31, she was waiting for friends in a park in Havana when two officers approached her, asked for her identity document, arrested her, and took her to a police station. Inside her bag they found several facemasks reading, “No to Decree 370,” a reference to legalized surveillance of electronic communication without a court order. The officers forced Acosta to strip and searched her further. Police fined her and threatened further prosecution for protesting the decree. On March 9, police arrested Acosta while she covered a demonstration for the freedom of artist and activist Luis Manuel Otero Alcantara (see section 2.a., Freedom of Speech). Police gave her a large fine and threatened her with “deportation” to her home province, Isla de la Juventud.
Violence and Harassment: The government did not recognize independent journalism, and independent journalists frequently faced government harassment, including detention and physical abuse. Most detentions were of independent journalists who filmed arrests and harassment of activists or otherwise attempted to cover politically sensitive topics. Community members and journalists for the Cuban Institute for Freedom of Expression and of the Press reported increased repression after President Diaz-Canel took office. Independent reporters experienced harassment, violence, intimidation, aggression, and censorship, and several were confined to their homes or prevented from traveling abroad. On November 22, security forces allowed a progovernment mob to block registered foreign media teams from reporting on protests for the freedom of Denis Solis in Havana’s central park. Foreign media reported the mob “pushing, shoving, and punching one cameraman four or five times in the body.”
Censorship or Content Restrictions: The law prohibits distribution of printed materials considered “counterrevolutionary” or critical of the government. Foreign newspapers and magazines were generally unavailable outside of tourist areas. Distribution of material with political content–interpreted broadly to include the Universal Declaration of Human Rights, foreign newspapers, and independent information on public health–was not allowed, and possession of these materials sometimes resulted in harassment and detention. Government officials also confiscated or destroyed cameras and cell phones of individuals to prevent them from distributing photographs and videos deemed objectionable.
The government sometimes barred independent libraries from receiving materials from abroad and seized materials donated by foreign governments, religious organizations, and individuals.
Libel/Slander Laws: The government used defamation of character law to arrest or detain individuals critical of the country’s leadership. Authorities frequently arrested and charged persons with the vague crime of “contempt of authority.”
The government restricted access to the internet, and the country had a low internet connectivity rate. All internet access was provided through state monopoly companies, and the government has unrestricted and unregulated legal authority to monitor citizens’ and foreigners’ use of email, social media, internet chat rooms, and browsing. The government controlled all internet access, except for limited facilities provided by a few diplomatic missions and a small number of underground networks. The government used a combination of website blocking, pressure on website operators, arrests, intimidation, imprisonment, and unrestricted surveillance to censor information critical of the regime and to silence its critics. Despite heavy restrictions, citizens circumvented government censorship through grassroots innovations. Access to blocked outlets was generally possible only through a virtual private network.
For most internet users, the cost of accessing non-Cuban sites remained higher than the cost of accessing domestic ones, most of which were controlled by the government. Some individuals could connect at low or no cost via state institutions where they worked or studied. The government closely monitored web access points, such as Wi-Fi hotspots, cybercafes, and access centers, as well as the backbone internet infrastructure, which was directly controlled by the government.
The government selectively granted censored in-home internet access to certain areas of Havana and sectors of the population, consisting mostly of government officials, established professionals, some professors, and students, journalists, and artists. Others could access email and internet services through government-sponsored “youth clubs,” internet cafes, or Wi-Fi hot spots approved and regulated by the Ministry for Information, Technology, and Communications. Users were required to purchase prepaid cards to access the internet.
During the year the government increased the number of Wi-Fi hot spots and increased mobile service that allowed persons greater access to the internet on their cell phones through the state telecommunications monopoly ETECSA without needing to connect to public Wi-Fi. The cost of this improved service was far beyond the means of most citizens; the cost of basic internet packages exceeded the average monthly wage.
In addition to public Wi-Fi hot spots, citizens and foreigners could buy internet access cards and use hotel business centers. Authorities reviewed the browsing history of users, reviewed and censored email, and blocked access to websites the government considered objectionable. The number of blocked websites fluctuated. The government blocked approximately 20 websites on a regular basis, including independent media outlets such as CiberCuba, 14yMedio, CubaNet, ADNCuba, Tremenda Nota, Marti Noticias, and other websites critical of the government’s human rights record. The government blocked access to Freedom House’s Freedom on the Net report. The government blocked internet tools and websites that the government considered contrary to its interests.
Public reports revealed that the government monitored citizens’ internet use and retaliated against them for their speech. The government selectively blocked the communications of government critics to prevent them from communicating with one another, sharing content, or reporting on government harassment. This occurred, for example, when activists attempted to gather in protest of the killing of Hansel Hernandez on June 30 (see section b., Freedom of Peaceful Assembly). At least 20 activists and journalists had their connectivity to the internet severed by the state that day.
Human rights activists reported frequent government monitoring and disruption of cell phone and landline services prior to planned events or key anniversaries related to human rights. ETECSA frequently disconnected the telecommunication service of human rights organizers, often just before their detention by state security or to disrupt planned activities. For example, artist and activist Tania Bruguera reported that her internet access was blocked for at least 45 days after she participated in protests on November 27 and was subsequently illegally confined to house arrest.
Human rights activists reported government employees (“trolls”) tracked the social media accounts of activists. Activists also reported on the government’s practice of sending mass text messages warning neighbors to avoid association with dissidents.
The government frequently targeted users of SNet (abbreviated from Street Network), a grassroots system of user-owned and user-operated wireless networks that allowed persons to exchange information outside of state control. While the law does not set specific penalties for unauthorized internet use, it is illegal to own a satellite dish that provides uncensored internet access, and authorities restricted the use of networking equipment that was key to SNet. The government restricted the importation of wireless routers, actively targeted private wireless access points, and confiscated equipment. After tolerating the growth of SNet for years, the government completed its expropriation of the system in 2019, and networks outside of government control essentially ceased to exist.
The use of encryption software and the transfer of encrypted files are also technically illegal, but information on enforcement of this restriction was not available. Despite poor access, harassment, and infrastructure problems, a growing number of citizens maintained news sites and blogs in which they posted opinions critical of the government with help from persons living outside the country, often expatriate Cubans. The government blocked local access to many of these blogs. In addition a small but growing number of citizens used Twitter, Facebook, Instagram, Telegram, YouTube, and other social networks to report independently, including observations critical of the government. Like other government critics, bloggers faced government harassment, including detention, physical abuse, and often the destruction or confiscation of their internet equipment and devices.
The government restricted academic freedom and controlled the curricula at all schools and universities, emphasizing the importance of reinforcing PCC rule through “revolutionary ideology” and “discipline.” Most academics refrained from meeting with foreigners, including diplomats, journalists, and visiting scholars, without prior government approval. Government monitors were sometimes present at these meetings. Those persons permitted to travel abroad were aware that their actions, if deemed politically unfavorable, could negatively affect them and their relatives in Cuba. Several university professors, researchers, and students reported they were forced out of their positions, demoted, or expelled for expressing ideas or opinions outside of government-accepted norms.
Outspoken artists and academics faced harassment and criticism orchestrated by the government. According to the digital magazine Tremenda Nota, academics and their students faced increased discrimination based on ideology and politics during the year.
On October 8, the NGO Observatory of Academic Freedom, founded in July by Cuban exiles, published the first of two reports on ideological discrimination in Cuban universities. In remarks accompanying the presentation, “Political Discrimination in Cuban Higher Education as a Violation of Academic Freedom,” several former Cuban academics described the censorship and punitive actions that led to their dismissals from university positions.
During the year universities adopted new admissions criteria to give greater weight to prospective students’ ideological beliefs.
Public libraries required citizens to complete a registration process before the government granted access to books or information. Citizens could be denied access if they could not demonstrate a need to visit a particular library. Libraries required a letter of permission from an employer or academic institution for access to censored, sensitive, or rare books and materials. Some religious institutions organized small libraries. Independent libraries were illegal but continued to exist, and owners faced harassment and intimidation.
The government restricted freedoms of peaceful assembly and association.
Although the constitution grants a limited right of assembly, the right is subject to the requirement that it may not be “exercised against the existence and objectives of the socialist state.” The law requires citizens to request authorization for organized meetings of three or more persons, and failure to do so carries a penalty of up to three months in prison and a fine. The government tolerated some gatherings, and many religious groups reported the ability to gather without registering or facing sanctions. Christian Solidarity Worldwide, however, reported that in other cases the government harassed leaders of house churches and owners of homes where house church congregations met. Many house church leaders also reported frequent visits from state security agents or PCC officials. Some reported they received warnings from agents and officials that the education of their children, or their own employment, could be “threatened” if the house church leaders continued their activities.
Independent activists and political parties other than the PCC faced greater obstacles than religious groups. State security forces often suppressed attempts to assemble, even for gatherings in private dwellings and in small numbers. The government refused to allow independent demonstrations or public meetings by human rights groups or any others critical of any government activity.
The government routinely arrested individuals who attempted to assemble, by either placing them under house arrest or taking them into custody if they left their residences.
On November 27, a group of persons assembled outside the Ministry of Culture to demonstrate against the government’s efforts to suppress protests. This was the sole example of a protest successfully forming and being allowed to disperse peacefully. At this event, well known cultural figures protested the government’s treatment of the MSI and its members and demanded the “right to have rights.”
On June 24, police killed Hansel Hernandez Galiano, an unarmed Afro-Cuban man, in Havana (see section 1.a.). Prominent activists soon adopted a #Justice4Hansel campaign and called for protests on June 30 at Havana’s Yara Theater. On the eve of the planned protests, the government arrested scores of potential protesters and deployed a sophisticated media campaign modeled on the #BlueLivesMatter countermovement. Reportedly, no one actually arrived at the protest site because at least 35 individuals were arrested and another 33 were held under house arrest before the planned protest.
State communications monopoly ETECSA, part of the Ministry of Communications, cut off internet access for targeted activists and independent journalists. A state security official informed one activist he would not be allowed to leave his house on June 30 and that whoever tried to attend the protest for Hansel Hernandez Galiano would be arrested for “propagation of an epidemic.” Jose Daniel Ferrer, the leader of UNPACU and the most prominent opposition leader, endorsed the calls to protest. On June 30, police locked the front door to his house from the outside, and when Ferrer and his 17-year-old son climbed out from the roof to join the protest, police arrested them both. Two activists, artist Luis Manuel Otero Alcantara and rapper Maykel Castillo, were also arrested and taken into custody. (Days earlier, Otero Alcantara and Castillo had associated themselves with the #Justice4Hansel movement.) Police subsequently violently abused them and prevented them from filing a complaint. Everyone arrested for the June 30 protest was released within two days, except for Diario de Cuba reporter Jorge Enrique Rodriguez, who was held for five days after filming police violence against two young persons.
On October 10, the anniversary of the Grito de Yara proclaiming Cuban independence from Spain, the regime arrested–sometimes violently–more than 20 artists and activists in a crackdown on a peaceful demonstration for political change organized by the San Isidro Movement in Havana. According to media reports, the majority of the activists were held for approximately seven hours by police.
On numerous occasions, the government, using undercover police and Ministry of Interior agents, organized “acts of repudiation” by crowds organized to assault and disperse persons who assembled peacefully. Persons in these crowds arrived in government-owned buses or were recruited by government officials from nearby workplaces or schools. Participants arrived and departed in shifts, chanted progovernment slogans, sang progovernment songs, and verbally taunted those who had peacefully assembled. The persons targeted by this harassment at times suffered physical assault or property damage. Government security officials at the scene, often present in overwhelming numbers, did not arrest those who physically attacked the victims, and they did not respond to victims’ complaints. Instead, government security officials frequently orchestrated activities against protesters or took direct part in physical assaults.
The government routinely denied freedom of association to citizens and did not recognize independent associations. The law proscribes any political organization not officially recognized. A number of independent organizations, including opposition political parties and professional associations, operated as NGOs without legal recognition, and police sometimes raided their meetings.
For example, the Damas de Blanco (Ladies in White), an association of female political activists originally formed to protest the detention of their male relatives, was subjected to arbitrary arrest whenever it tried to meet, constant surveillance of the house that served as their headquarters, and harassment by state officials and local PCC members.
Recognized churches (including the Roman Catholic humanitarian organization Caritas), the Freemason movement, and a number of fraternal and professional organizations were the only organizations legally permitted to function outside the formal structure of the state or the ruling party. Religious groups are under the supervision of the PCC’s Office of Religious Affairs, which has the authority to deny permits for religious activities; it exerted pressure on church leaders to refrain from including political topics in their sermons and often limited freedom of movement for independent pastors.
Groups are required to register through the Ministry of Justice to receive official recognition. Authorities ignored applications for legal recognition from new groups, including several new religious groups, women’s rights organizations, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights organizations. The lack of official recognition left group members open to potential charges of illegal association.
The government gave preferential treatment to persons who took an active part in PCC activities and mass demonstrations in support of the government. Preferential treatments included valued public benefits such as admissions to higher education, fellowships, and job opportunities.
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
There were increased restrictions on freedom of movement within the country, foreign travel, and migration with the right of return. The government controlled internal migration from rural areas to Havana, sometimes arresting and expelling persons from Havana if authorities discovered their national identity card listed them as living in another city. The government also barred some citizens and persons of Cuban descent living abroad from entering the country, apparently on grounds that these visitors were critical of the government, had “abandoned” postings abroad as low-paid medical doctors, or had defected when they were abroad as athletes. The government prevented many Cubans who normally were residents in another country but who were caught in Cuba during the COVID-19 pandemic from leaving the country.
When former government employees emigrated from the country, sometimes their family members lost public benefits or were denied passports to travel and join their family members abroad. The law provides for imprisonment of up to three years or a moderate fine for first-time “rafters” (those who attempted to depart the country clandestinely, commonly using homemade vessels), although these attempts were less frequent than in previous years. Most persons caught attempting unauthorized departures via sea were detained briefly under quarantine as a precaution against COVID-19. In the case of military or police defectors or those traveling with children, the punishment could be more severe.
Under the terms of the 1994-95 U.S.-Cuba migration accords, the government agreed not to prosecute or retaliate against migrants returned from international or U.S. waters or from the Guantanamo U.S. Naval Station after attempting to emigrate illegally, assuming they had not committed a separate criminal offense. Some would-be migrants in these circumstances, however, alleged harassment and discrimination, such as fines, expulsion from school, and job loss.
In-country Movement: Although the constitution allows all citizens to travel anywhere within the country, establishing residence in Havana was restricted. The local housing commission and provincial government authorities must authorize any change of residence. The government may fine persons living in a location without authorization and send them back to their legally authorized residence. There were reports that authorities provided only limited social services to illegal Havana residents and at times restricted food purchases to a person’s official neighborhood of residence. Police threatened to prosecute anyone who returned to Havana after expulsion.
The law permits authorities to bar an individual from a certain area within the country, or to restrict an individual to a certain area, for a maximum of 10 years. Under this provision, authorities may internally exile any person whose presence in a given location is determined to be “socially dangerous.” Dissidents frequently reported authorities prevented them from leaving their home provinces, or that authorities detained and returned the dissidents to their homes, even though the dissidents had no written or formal restrictions placed against them.
Foreign Travel: The government continued to require persons from several professional and social categories to obtain permission to emigrate. The affected persons included highly specialized medical personnel; military or security personnel; many government officials, including academics; and many former political prisoners and human rights activists.
The government prohibited human rights activists, independent journalists, and artists from traveling outside the country to attend events related to human rights and democracy. The government used arbitrary or spurious reasons to deny permission for human rights activists to leave the country to participate in workshops, events, or training programs. Activists reported a significant increase in interrogations and confiscations at the airport when arriving from abroad.
The government arbitrarily designated some persons as regulados (regulated persons), meaning the government either prohibited them from receiving a passport or from leaving the country. The policy did not appear to be supported by a legal framework, and officials denied such a policy existed, declaring the law allows for freedom of movement. Because the government did not acknowledge that persons were prevented from leaving, those subject to the policy were left without any recourse for an appeal. The tactic served not only to restrict the movement of citizens but also their freedom of expression, because it was routinely applied when individuals attempted to travel to speak at conferences.
The government allegedly cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Information about the extent of that cooperation was not publicly available.
Access to Asylum: The constitution provides for the granting of asylum to individuals persecuted for their principles or actions involving a number of specified political grounds. The government has no formal mechanism, however, to process asylum for foreign nationals and is not a signatory to the 1951 Refugee Convention.
Temporary Protection: On the small number of cases of persons seeking asylum, the government worked with the Office of the UN High Commissioner for Refugees to provide protection and assistance pending third-country resettlement. In addition the government allowed foreign students who feared persecution in their home countries to remain in the country after the end of their studies until their claims could be substantiated or resolved.
The government regularly rendered citizens de facto stateless persons when it withheld consular services from employees and their families as punishment for abandoning a foreign work mission. There were reports of Cubans residing abroad who were refused a passport or other proof of identity or citizenship, including for direct return to Cuba. Children born abroad to Cuban citizens in these circumstances were unable to obtain recognition of their Cuban citizenship and may not have citizenship in their country of birth. Cubans residing outside of Cuba for more than 24 months may lose full citizenship rights.
Section 3. Freedom to Participate in the Political Process
Article 5 of the constitution enshrines one-party rule by the PCC, disallowing political expression outside of that structure. The government suppressed attempts to form other parties. Candidates for office must be nominated by a PCC “mass organization” and approved by local party officials. These PCC-approved candidates win the vast majority of votes, since electors are limited to PCC representatives. Elections are neither free nor fair. Citizens do not have the ability to form political parties or run as candidates from political parties other than the PCC. The government forcefully and consistently retaliated against those who sought peaceful political change. The government orchestrated mass political mobilization on its behalf and favored citizens who actively participated.
Elections and Political Participation
Recent Elections: The government selected candidates for the October 2019 election for president of the republic, president of the National Assembly, and membership in the Council of State. Only members of the National Assembly–all of whom were PCC members–were allowed to vote, and candidates ran for office uncontested. For the first time since 1959, on January 18, citizens “elected” provincial governors. All of these “elections” were shams, however, since only one candidate (chosen in theory by the president but in reality by the PCC) stood for each post, and the only persons allowed to vote were loyal party members chosen as delegates of the municipal assemblies in each province. The chosen candidates were not known to the public before the election, and each one received 93 percent or more of the ballots cast, with most receiving 99 percent of the votes.
Political Parties and Political Participation: As in previous national elections, government-run commissions nominated all candidates for office for the January election. No non-PCC candidates were allowed on the ballot. The government routinely used propaganda campaigns in the state-owned media to criticize its opponents. Numerous opposition candidates were physically prevented from presenting their candidacies or were otherwise intimidated from participating in the electoral process.
The new constitution, approved in February 2019, includes many sections that restrict citizens’ ability to participate fully in political processes by deeming the PCC as the state’s only legal political party and the “superior driving force of the society and the state.” For example, Article 4 states, “Citizens have the right to combat through any means, including armed combat when other means are not available, anyone who intends to overthrow the political, social, and economic order established by this constitution.” The article effectively empowers ordinary persons to attack violently those who publicly disagree with the party.
Citizens who live abroad without a registered place of abode in Cuba lose their right to vote.
Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate. Women’s representation increased slightly from previous years in the most powerful decision-making bodies, but women held no senior leadership positions in the military or security services.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were several reports the government or its agents committed, or attempted to commit, arbitrary or unlawful killings. Impunity was a significant problem in investigating whether security force killings were justifiable (see section 1.e.).
Opposition activist and anticorruption campaigner Aleksey Navalny was poisoned on August 20 with a form of Novichok, a nerve agent that was also used in the 2018 attack on former Russian intelligence officer Sergey Skripal in the United Kingdom. After campaigning in Siberia for independent candidates for local elections, Navalny became severely ill and fell into a coma. The Federal Security Service (FSB) was tracking and surveilling Navalny during his stay in Tomsk. On August 21, officials at the Omsk hospital where Navalny was initially treated claimed they found no traces of poison in his system. Navalny was transferred to a hospital in Germany on August 22; on September 2, the German government announced that traces of a nerve agent from the “Novichok” group had been found in samples taken from Navalny. At Germany’s request the Organization for the Prohibition of Chemical Weapons (OPCW) conducted a technical assistance visit, which confirmed that Navalny was exposed to a nerve agent belonging to the “Novichok” group.
Credible reports indicated that officers from Russia’s FSB used a nerve agent to poison Navalny. The G7 industrialized democracies bloc and NATO countries condemned Navalny’s confirmed poisoning and called on Russia to bring the perpetrators to justice. At the November 30 OPCW Conference of States Parties, 58 countries issued a statement urging Russia to disclose “in a swift and transparent manner the circumstances of this chemical weapons attack.” Russian authorities stated there are no grounds to open a criminal investigation into the poisoning, despite Navalny’s requests that they do so.
Credible nongovernmental organizations (NGOs) and independent media outlets published reports indicating that from December 2018 to January 2019, local authorities in the Republic of Chechnya renewed a campaign of violence against individuals perceived to be members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community. According to the NGO Russian LGBT Network, local Chechen authorities illegally detained and tortured at least 40 individuals, including two who reportedly died in custody from torture. According to human rights organizations, as of September authorities failed to investigate the allegations or reports of extrajudicial killings and mass torture of LGBTI persons in Chechnya and continued to deny there were any LGBTI persons in Chechnya.
There were multiple reports that, in some prison colonies, authorities systematically tortured inmates (see section 1.c.), in some cases resulting in death or suicide. According to media reports, on April 10, prisoners in Penal Colony Number 15 (IK-15) in Angarsk rioted after a prison employee beat one of the inmates, leading him to make a video about his ordeal and slash his veins in a failed suicide attempt. Afterwards, 17 other inmates slashed their veins as well, then set fire to parts of the penal colony. The Federal Penitentiary Service sent in approximately 300 special force officers, who beat the inmates, doused them with water, and set dogs on them. Human rights activists reported that two inmates were killed during the clashes and called for an investigation. On April 14, Justice Minister Konstantin Chuychenko told media that the riot in IK-15 had been organized from the outside by individuals who had paid “so-called human rights activists” to “stir things up in the media.” Officials confirmed that they found the body of an inmate who had been strangled and hanged. According to media reports, the inmate who made the video that set off the riots later retracted his statement that he had been beaten by a prison employee.
Although Deputy Defense Minister Andrey Kartapolov announced on August 26 that hazing and “barracks hooliganism” in the armed forces had been completely eradicated, physical abuse and hazing, which in some cases resulted in death or suicide, continued to be a problem. For example, on June 21, Russian media reported that Aleksandr Tatarenko, a soldier in a Primorsky region military unit, deserted his post, leaving a suicide note indicating hazing as the reason. After two months, Tatarenko was found living under a bridge while hiding from his unit. Tatarenko’s parents filed a complaint on hazing with the Military Prosecutor’s Office.
In February government spokesperson Dmitriy Peskov dismissed calls for an international investigation into the 2015 killing of opposition leader Boris Nemtsov, telling journalists that such an investigation would not be permitted on the territory of the Russian Federation. Human rights activists and the Nemtsov family continued to believe that authorities were intentionally ignoring the question of who ordered and organized the killing and noted that these persons were still at large.
There were reports that the government or its proxies committed, or attempted to commit, extrajudicial killings of its opponents in other countries. For example, on January 30, blogger Imran Aliyev was found dead in a hotel room in Lille, France, having been stabbed 135 times. Aliyev, who had settled in Belgium after leaving Chechnya, often published YouTube videos critical of Chechnya head Ramzan Kadyrov and the Chechen government. French prosecutors stated that the Russian-born man suspected of killing Aliyev returned to Russia immediately after the stabbing.
On July 4, a man identified by Austrian authorities only as a Russian citizen shot and killed Mamikhan Umarov, an asylum seeker from Russia, in a parking lot outside of Vienna. Umarov was also an outspoken critic of Kadyrov and had posted a YouTube video taunting Kadyrov to “come and stop [him]” shortly before his death. In his interviews and social media posts, Umarov claimed to be a mercenary who had fought on the side of Chechen separatists in the 1990s and sought asylum in 2005 because he feared reprisal in Chechnya. Austrian authorities had designated him a “person at risk” because of his background. Kadyrov responded to allegations of his involvement in this and other extrajudicial killings of Russian citizens in Europe by accusing Western intelligence of killing Chechen dissidents to make him look bad.
The country played a significant military role in the armed conflict in eastern Ukraine, where human rights organizations attributed thousands of civilian deaths and other abuses to Russian-led forces. Russian occupation authorities in Crimea also committed widespread abuses (see Country Reports on Human Rights Practices for Ukraine).
Since 2015 the country’s forces have conducted military operations, including airstrikes, in the conflict in Syria. According to human rights organizations, the country’s forces took actions, such as bombing urban areas, that intentionally targeted civilian infrastructure (see Country Reports on Human Rights Practices for Syria).
The news website Caucasian Knot reported that violent confrontations with security forces resulted in at least 14 deaths in the North Caucasus during the first half of the year. Dagestan was the most affected region, with seven deaths in the first half of the year, followed by Kabardino-Balkaria and Ingushetia, where three persons were killed in each region.
There were reports of disappearances perpetrated by or on behalf of government authorities. Enforced disappearances for both political and financial reasons continued in the North Caucasus. According to the August report of the UN Working Group on Enforced or Involuntary Disappearances, there were 867 outstanding cases of enforced or involuntary disappearances in the country.
There were reports that police committed enforced disappearances and abductions during the year. For example, on September 10, the Civic Assistance Committee reported that a North Korean citizen who was seeking asylum in Vladivostok was taken to the Artyom City Police Department by individuals in civilian clothes, where he subsequently disappeared. The North Korean citizen first approached a Migration and Law network lawyer for assistance with an asylum request on August 27, stating that he fled the Far Eastern Federal University campus on Russky Island. An officer at the Frunzenskiy District Police Department told the lawyer that the North Korean consulate took the asylum seeker from the police department. The asylum seeker’s lawyer suspected that he was forcibly returned to his country of origin.
Security forces were allegedly complicit in the kidnapping and disappearance of individuals from Central Asia, whose forcible return was apparently sought by their governments (see section 2.f.).
There were continued reports of abductions and torture in the North Caucasus, including of political activists and others critical of Chechnya head Kadyrov. On October 28, 1ADAT, a social media channel that is highly critical of Kadyrov, reported that Chechen security forces abducted more than 1,500 persons between April and October. For example, on September 6, Salman Tepsurkayev, a 19-year-old Chechen activist and a 1ADAT moderator, was kidnapped, reportedly by persons with connections to Chechen authorities. On September 7, a video recording of Tepsurkayev circulated on social media in which he appeared naked with signs of torture as he said, “I am punishing myself” and sat on a glass bottle. The office of the Chechen human rights ombudsman commented it was aware of the video of Tepsurkayev but had not looked into the matter because there had been no request from the victim or the relatives. As of December 1, Tepsurkayev’s whereabouts were unknown.
On October 20, the human rights group Memorial reported that five men were abducted from the village of Chechen-Aul on August 28, and two more were abducted on August 30. Memorial stated that all seven men were taken to the city of Argun, where they were visited by the Chechen interior minister Ruslan Alkhanov and Chechen deputy prime minister Abuzaid Vismuradov before being transferred to a secret prison, where they were interrogated and tortured. Four of the men were later released (two on September 18 and two on October 7), while three reportedly remained in government detention facilities as of December. Memorial reported that 13 men were abducted on November 5 from the Chechen city of Gudermes and taken to a secret prison, where Memorial believed they remained as of December.
There were reports Russian-led forces and Russian occupation authorities in Ukraine engaged in enforced disappearances (see Country Reports on Human Rights Practices for Ukraine).
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution prohibits such practices, numerous credible reports indicated law enforcement officers engaged in torture, abuse, and violence to coerce confessions from suspects, and authorities only occasionally held officials accountable for such actions.
In December 2019, for the first time, the Investigative Committee of the Russian Federation published data on the use of torture in prisons and pretrial detention centers. The data showed that between 2015 and 2018, for every 44 reports of violence perpetrated by Federal Penitentiary Service employees, only one criminal case was initiated.
There were reports of deaths as a result of torture (see section 1.a.).
Physical abuse of suspects by police officers was reportedly systemic and usually occurred within the first few days of arrest in pretrial detention facilities. Reports from human rights groups and former police officers indicated that police most often used electric shocks, suffocation, and stretching or applying pressure to joints and ligaments because those methods were considered less likely to leave visible marks. The problem was especially acute in the North Caucasus. According to the Civic Assistance Committee, prisoners in the North Caucasus complained of mistreatment, unreasonable punishment, religious and ethnic harassment, and inadequate provision of medical care.
There were reports that police beat or otherwise abused persons, in some cases resulting in their death. For example, media reported that members of Russia’s National Guard forcibly dispersed a peaceful political rally in Khabarovsk City on October 12. Several participants reported being beaten by police during the rally’s dispersal, at least one with a police baton; one victim suffered a broken nose. Two detained minors said they were “put on their knees in a corner, mocked, had their arms twisted, and were hit in the eye.”
There were reports that law enforcement officers used torture, including sleep deprivation, as a form of punishment against detained opposition and human rights activists, journalists, and critics of government policies. For example, on May 11, Russian media reported Vladimir Vorontsov, the creator of the Police Ombudsman project, was hospitalized after being kept in an isolation ward in a prison. According to his lawyer, authorities detained Vorontsov on May 7, denied his request for medical assistance, and interrogated him into the evening, after which he was placed in solitary confinement and not allowed to sleep. On May 8, Vorontsov was charged with extorting money from a police officer. Vorontsov alleged the charges against him were revenge for his social activism, which involved reporting on officials’ labor rights violations of law enforcement officers.
In several cities police reportedly subjected members of Jehovah’s Witnesses, a religious group banned under antiextremism laws, to physical abuse and torture following their arrest. For example, on February 10, officers from the Russian National Guard handcuffed Chita resident Vadim Kutsenko and took him to a local forest, where they beat his face and neck, suffocated him, and used a Taser to force him to admit to being a practicing member of Jehovah’s Witnesses. When Kutsenko reported the incident to authorities, he was ignored and sent to a temporary detention center along with three other members of Jehovah’s Witnesses. According to media reports, Kutsenko sought medical treatment upon his release, which confirmed the physical trauma.
There were multiple reports of the FSB using torture against young “anarchists and antifascist activists” who were allegedly involved in several “terrorism” and “extremism” cases. For example, on February 10, a court in Penza found seven alleged anarchists and antifascist activists supposedly tied to a group known as “Set” (“Network”) guilty of terrorism and sentenced them to between six and 18 years in prison. Authorities claimed they were plotting to overthrow the government, but human rights activists asserted that the FSB falsified evidence and fabricated the existence of the organization known as “Set/Network.” Several of the sentenced men claimed that the FSB forced them to sign admissions of guilt under torture; one of them claimed he had marks on his body from electric shocks and asked for medical experts to document them but was denied the request. Memorial considered all seven men sentenced to be political prisoners.
In the North Caucasus region, there were widespread reports that security forces abused and tortured both alleged militants and civilians in detention facilities. On January 20, Aminat Lorsanova became the second individual to file a complaint with federal authorities asking for an investigation into abuses against the LGBTI community in Chechnya. In 2018 she was forcibly detained at one psychiatric clinic for 25 days and at another for four months. She was beaten with sticks and injected with tranquilizer to “cure” her of her bisexual identity. Dzhambulat Umarov, Chechnya’s minister of national policy, foreign relations, press, and information, publicly denied Lorsanova’s claims and accused the LGBTI community of deceiving “a sick Chechen girl.”
There were reports of rape and sexual abuse by government agents. For example, media reported on Mukhtar Aliyev’s account of his five years in IK-7 prison in Omsk region from 2015 until his release during the year, where he was subjected to torture, including sexual assault. Aliyev told media that prison officials would beat him, tie him to the bars for a prolonged length of time causing his legs and arms to swell up, and force other inmates to assault him sexually while recording their actions. Aliyev said that the officials threatened to leak the recording to other inmates and officials if he did not behave.
There were reports of authorities detaining defendants for psychiatric evaluations to exert pressure on them or sending defendants for psychiatric treatment as punishment. Prosecutors and certified medical professionals may request suspects be placed in psychiatric clinics on an involuntary basis. For example, on May 12, approximately two dozen riot police stormed the home of Aleksandr Gabyshev, a Siberian shaman who announced in 2019 that he and his supporters planned to walk from Yakutsk to Moscow to “expel” Vladimir Putin from the Kremlin. Police detained Gabyshev and forcibly hospitalized him for psychiatric treatment. On May 29, Gabyshev filed a claim refusing further hospitalization, after which the clinic’s medical commission deemed him a danger to himself and others and filed a lawsuit to extend his detention there. The clinic released Gabyshev on July 22.
Reports of nonlethal physical abuse and hazing continued in the armed forces. Activists reported such hazing was often tied to extortion schemes. On January 22, the online media outlet 29.ru published an interview with the mother of conscript Ilya Botygin, who claimed that he was a victim of repeated hazing in his Nizhny Novgorod-based unit. The mother said that her son’s superiors locked him up for several days at a time, fed him irregularly, and beat him. When she visited him in January, she took him to the emergency room for a medical examination, but his unit did not accept the paperwork documenting his injuries on the grounds it could be forged. She and Botygin filed a case with the Nizhny Novgorod military prosecutor’s office but told media they had not received any updates about an investigation.
There were reports that Russian-led forces in Ukraine’s Donbas region and Russian occupation authorities in Crimea engaged in torture (see Country Reports on Human Rights Practices for Ukraine).
Impunity was a significant problem in the security forces. According to a July 25 investigation published by independent news outlet Novaya Gazeta, tens of thousands of cases of beatings and torture by the military, police, and other security forces could have gone unpunished in the previous 10 years. The report assessed the Investigative Committee’s lack of independence from police as a key factor hampering accountability, because the organization failed to initiate investigations into a high number of incidents.
Conditions in prisons and detention centers varied but were often harsh and life threatening. Overcrowding, abuse by guards and inmates, limited access to health care, food shortages, and inadequate sanitation were common in prisons, penal colonies, and other detention facilities.
Physical Conditions: Prison overcrowding remained a serious problem. While the law mandates the separation of women and men, juveniles and adults, and pretrial detainees and convicted prisoners in separate quarters, anecdotal evidence indicated not all prison facilities followed these rules. On March 31, Amnesty International urged authorities to take urgent measures to address the potentially devastating consequences of COVID-19 if it spreads among prisoners and detainees. The organization stated that prisons’ overcrowding, poor ventilation, and inadequate health care and sanitation led to a high risk of infection among prisoners and detainees.
Physical and sexual abuse by prison guards was systemic. For example, Russian media reported that on February 13, the prison warden of IK-5 in Mordovia, Valeriy Trofimov, took prisoner Ibragim Bakaniyev into his office and beat and humiliated him for six hours. Bakaniyev was accused of taking part in a riot that broke out earlier that night. Bakaniyev reported that the torture only ended when he used a hidden blade to cut his hand and threatened to commit suicide. Bakaniyev was sent to a punishment cell for the next three months.
Prisoner-on-prisoner violence was also a problem. For example, the Committee against Torture in Krasnodar reported that authorities opened a criminal investigation into the July 7 death of Dmitriy Kraskovskiy, a detainee in Pretrial Detention Facility Number 1 in Krasnodar. Authorities suspected he was beaten to death by inmates. The preliminary report indicated multiple bruises and head wounds on Kraskovskiy. The perpetrators allegedly tried to hang the corpse to hide the cause of death.
There were reports prison authorities recruited inmates to abuse other inmates. For example, on July 22, Russian media and the Civic Assistance Committee reported that a group of inmates tortured and sexually assaulted Makharbi Tosuyev, a prisoner at IK-7, who was confined to the psychiatric department of IK-3. According to Tosuyev, a group of inmates tied him to his bed while he was confined in the psychiatric department of IK-3 as a result of a self-inflicted injury, and tortured and sexually assaulted him with a plastic stick. Tosuyev accused the head of the operational department of IK-3, Edgar Hayrapetyan, of organizing the attack.
Overcrowding, ventilation, heating, sanitation, and nutritional standards varied among facilities but generally were poor. Opportunities for movement and exercise in pretrial detention were minimal. Potable water was sometimes rationed, and food quality was poor; many inmates relied on food provided by family or NGOs. Access to quality medical care remained a problem. For example, according to the European Association of Jehovah’s Witnesses, a 61-year-old Smolensk resident, Viktor Malkov, died three months after being released from an eight-month-long detention, partly because his chronic health problems were exacerbated by the denial of medical care in the detention center. Malkov, who was detained on the grounds of extremism due to his religious beliefs, had stated that prison officials did not allow him to seek proper treatment or medications for his heart disease and kidney problems.
NGOs reported approximately 50 percent of prisoners with HIV did not receive adequate treatment. Only prisoners with a CD4 white-blood cell level below a certain amount were provided treatment. NGOs reported that interruptions in the supplies of some antiretroviral drugs were sometimes a problem.
There were reports political prisoners were placed in particularly harsh conditions and subjected to punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units. For example, on May 21, a court ordered the forced psychiatric treatment of Kamchatka opposition activist Vladimir Shumanin during a criminal prosecution for libel stemming from a 2018 article in which he accused a law enforcement officer of engaging in criminal behavior. In the Far East region, Shumanin was known for running a personal YouTube channel in which he sharply criticized regional and federal authorities.
Administration: Convicted inmates and individuals in pretrial detention have visitation rights, but authorities may deny visitation depending on circumstances. By law prisoners with harsher sentences are allowed fewer visitation rights. The judge in a prisoner’s case may deny the prisoner visitation. Authorities may also prohibit relatives deemed a security risk from visiting prisoners. Some pretrial detainees believed authorities sometimes denied visitation and telephone access to pressure them into providing confessions.
While prisoners may file complaints with public oversight commissions or with the Office of the Human Rights Ombudsperson, they often did not do so due to fear of reprisal. Prison reform activists reported that only prisoners who believed they had no other option risked the consequences of filing a complaint. Complaints that reached the oversight commissions often focused on minor personal requests.
Independent Monitoring: Authorities permitted representatives of public oversight commissions to visit prisons regularly to monitor conditions. According to the Public Chamber, there were public oversight commissions in almost all regions. Human rights activists expressed concern that some members of the commissions were individuals close to authorities and included persons with law enforcement backgrounds.
By law members of oversight commissions have the right to videotape and photograph inmates in detention facilities and prisons with their written approval. Commission members may also collect air samples, conduct other environmental inspections, conduct safety evaluations, and access prison psychiatric facilities. The law permits human rights activists not listed in public oversight commissions to visit detentions centers and prisons. The NGO Interregional Center for Women’s Support, working with detained migrants, noted that only after a specific detainee submits a request and contacts the NGO may the organization obtain permission to visit a certain detention center.
Authorities allowed the Council of Europe’s Committee for the Prevention of Torture to visit the country’s prisons and release some reports on conditions but continued to withhold permission for it to release all recent reports.
There were reports of authorities prosecuting journalists for reporting torture. For example, in September, three penal colonies in Kemerovo Oblast (IK-5, IK-22, and IK-37) filed a lawsuit for reputational protection against a number of former prisoners and civic activists, including journalist Andrey Novashov, who in June published an article on the news website Sibir.Realii exposing inmates’ allegations of torture in the three colonies.
While the law prohibits arbitrary arrest and detention, authorities engaged in these practices with impunity. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but successful challenges were rare.
By law authorities may arrest and hold a suspect for up to 48 hours without court approval, provided there is evidence of a crime or a witness; otherwise, an arrest warrant is required. The law requires judicial approval of arrest warrants, searches, seizures, and detentions. Officials generally honored this requirement, although bribery or political pressure sometimes subverted the process of obtaining judicial warrants. After an arrest, police typically took detainees to the nearest police station, where they informed them of their rights. Police must prepare a protocol stating the grounds for the arrest, and both the detainee and police officer must sign it within three hours of detention. Police must interrogate detainees within the first 24 hours of detention. Prior to interrogation, a detainee has the right to meet with an attorney for two hours. No later than 12 hours after detention, police must notify the prosecutor. They must also give the detainee an opportunity to notify his or her relatives by telephone unless a prosecutor issues a warrant to keep the detention secret. Police are required to release a detainee after 48 hours, subject to bail conditions, unless a court decides, at a hearing, to prolong custody in response to a motion filed by police not less than eight hours before the 48-hour detention period expires. The defendant and his or her attorney must be present at the court hearing, either in person or through a video link.
Except in the North Caucasus, authorities generally respected the legal limitations on detention. There were reports of occasional noncompliance with the 48-hour limit for holding a detainee. At times authorities failed to issue an official detention protocol within the required three hours after detention and held suspects longer than the legal detention limits.
By law police must complete their investigation and transfer a case to a prosecutor for arraignment within two months of a suspect’s arrest, although an investigative authority may extend a criminal investigation for up to 12 months. Extensions beyond 12 months need the approval of the head federal investigative authority in the Ministry of Internal Affairs, the FSB, or the Investigative Committee and the approval of the court. According to some defense lawyers, the two-month time limit often was exceeded, especially in cases with a high degree of public interest.
Problems existed related to detainees’ ability to obtain adequate defense counsel. The law provides defendants the right to choose their own lawyers, but investigators sometimes did not respect this provision, instead designating lawyers friendly to the prosecution. These “pocket” defense attorneys agreed to the interrogation of their clients in their presence while making no effort to defend their clients’ legal rights. In many cases especially in more remote regions, defense counsel was not available for indigent defendants. Judges usually did not suppress confessions taken without a lawyer present. Judges at times freed suspects held in excess of detention limits, although they usually granted prosecutors’ motions to extend detention periods.
There were reports that security services sometimes held detainees in incommunicado detention before officially registering the detention. This practice usually coincided with allegations of the use of torture to coerce confessions before detainees were permitted access to a lawyer. The problem was especially acute in the Republic of Chechnya, where such incommunicado detention could reportedly last for weeks in some cases.
Arbitrary Arrest: There were many reports of arbitrary arrest or detention, often in connection with demonstrations and single-person pickets, such as those that preceded and succeeded the July 1 national vote on constitutional amendments (see section 2.b.). The independent human rights media project OVD-Info reported that during the first six months of the year, police detained 388 single-person picketers in Moscow and St. Petersburg alone, although single-person pickets are legal and do not require a permit. After Novaya Gazeta journalist and municipal deputy Ilya Azar was arrested and sentenced to 15 days of administrative arrest on May 26 for holding a single-person picket in Moscow, law enforcement authorities detained an estimated 130 individuals who took part in protests supporting him in three cities. Many of them were fined for violating the laws on staging public demonstrations.
There were reports that Russian-led forces and Russian occupation authorities in Ukraine engaged in arbitrary detention (see Country Reports on Human Rights Practices for Ukraine).
Pretrial Detention: Observers noted lengthy pretrial detention was a problem, but data on its extent were not available. By law pretrial detention may not normally exceed two months, but the court has the power to extend it to six months, as well as to 12 or 18 months if the crime of which the defendant is accused is especially serious. For example, Yuliy Boyarshinov, described by Memorial as an antifascist and left-wing activist, was in pretrial detention from 2018 until the resumption of his trial in February; he was convicted and sentenced to 5.5 years in prison in June. He was accused of illegally storing explosives and participating in a terrorist organization because of his purported association with the “Network,” an alleged antifascist and anarchist group that relatives of the accused claim does not really exist. Memorial considered Boyarshinov to be a political prisoner.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: By law a detainee may challenge the lawfulness of detention before a court. In view of problems with judicial independence (see section 1.e.), however, judges typically agreed with the investigator and dismissed defendants’ complaints.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, but judges remained subject to influence from the executive branch, the armed forces, and other security forces, particularly in high-profile or politically sensitive cases, as well as to corruption. The outcomes of some trials appeared predetermined. Acquittal rates remained extremely low. In 2019 courts acquitted 0.36 percent of all defendants.
There were reports of pressure on defense attorneys representing clients who were being subjected to politically motivated prosecution and other forms of reprisal. According to a June 2019 report from the Agora International Human Rights Group, it has become common practice for judges to remove defense attorneys from court hearings without a legitimate basis in retaliation for their providing clients with an effective defense. The report also documented a trend of law enforcement authorities’ using physical force to interfere with the work of defense attorneys, including the use of violence to prevent them from being present during searches and interrogations.
On August 7, the bar association of the Leningrad region opened disciplinary proceedings against Yevgeniy Smirnov, a lawyer from Team 29, an informal association of lawyers and journalists dedicated to protecting civil liberties. Smirnov was one of the lawyers representing journalist Ivan Safronov in a high-profile treason case. His colleagues believed that the disciplinary proceedings were retaliation for his work.
The law provides for the right to a fair and public trial, but executive interference with the judiciary and judicial corruption undermined this right.
The defendant has a legal presumption of innocence and the right to a fair, timely, and public trial, but these rights were not always respected. Defendants have the right to be informed promptly of charges and to be present at the trial. The law provides for the appointment of an attorney free of charge if a defendant cannot afford one, although the high cost of legal service meant that lower-income defendants often lacked competent representation. A Yekaterinburg-based legal and human rights NGO indicated many defense attorneys do not vigorously defend their clients and that there were few qualified defense attorneys in remote areas of the country. Defense attorneys may visit their clients in detention, although defense lawyers claimed authorities electronically monitored their conversations and did not always provide them access to their clients. Prior to trial, defendants receive a copy of their indictment, which describes the charges against them in detail. They also may review their file following the completion of the criminal investigation.
Non-Russian defendants have the right to free interpretation as necessary from the moment charged through all appeals, although the quality of interpretation is typically poor. During trial the defense is not required to present evidence and is given an opportunity to cross-examine witnesses and call defense witnesses, although judges may deny the defense this opportunity. Defendants have the right not to be compelled to testify or confess guilt. Defendants have the right of appeal.
The law provides for trial by jury in criminal cases if the defendant is charged with murder, kidnapping, narcotics smuggling, and certain other serious crimes. Nonetheless, trials by jury remained rare, and the vast majority of verdicts and sentences are rendered by judges. The acquittal rate in trials by jury is much higher (23 percent in 2019) than in trials before a judge (0.36 percent in 2019), although acquittals by jury are sometimes overturned by judges in appellate courts.
The law allows prosecutors to appeal acquittals, which they did in most cases. Prosecutors may also appeal what they regard as lenient sentences. In April 2018, a court in Petrozavodsk acquitted renowned historian of the gulag and human rights activist Yuriy Dmitriyev of child pornography charges, a case many observers believed to be politically motivated and in retaliation for his efforts to expose Stalin-era crimes. In June 2018 the Supreme Court of the Republic of Karelia granted the prosecutor’s appeal of the acquittal and sent the case for retrial. In the same month, Dmitriyev was again arrested. On July 22, the Petrozavodsk City Court found him guilty of sexual abuse of a minor and sentenced him to 3.5 years in prison. On September 29, the Supreme Court of Karelia overturned the decision and extended his sentence to 13 years in maximum-security prison. Memorial considered Dmitriyev to be a political prisoner.
Authorities particularly infringed on the right to a fair trial in Chechnya, where observers noted that the judicial system served as a means of conducting reprisals against those who exposed wrongdoing by Chechnya head Kadyrov.
In some cases judicial authorities imposed sentences disproportionate to the crimes charged. For example, on August 18, political commentator Fyodor Krasheninnikov was sentenced to seven days in jail for publishing comments criticizing the Constitutional Court. The Sverdlovsk Oblast human rights ombudswoman responded that Krasheninnikov should only have been fined. Krasheninnikov filed a complaint with European Court of Human Rights (ECHR), asserting that his arrest violated his rights of speech, fair trial, and personal freedom.
There were credible reports of political prisoners in the country and that authorities detained and prosecuted individuals for political reasons. Charges usually applied in politically motivated cases included “terrorism,” “extremism,” “separatism,” and “espionage.” Political prisoners were reportedly placed in particularly harsh conditions of confinement and subjected to other punitive treatment within the prison system, such as solitary confinement or punitive stays in psychiatric units.
As of December Memorial’s list of political prisoners contained 358 names, including 295 individuals who were allegedly wrongfully imprisoned for exercising religious freedom. Nevertheless, Memorial estimated that the actual number of political prisoners in the country could be two to three times greater than the number on its list. Memorial’s list included journalists jailed for their writing, such as Abdulmumin Gadzhiyev (see section 2.a.); human rights activists jailed for their work, such as Yuriy Dmitriyev; many Ukrainians (including Crimean Tatars) imprisoned for their vocal opposition to the country’s occupation of Crimea; Anastasiya Shevchenko, the first individual charged under the “undesirable foreign organizations” law; students and activists jailed for participating in the Moscow protests in July and August 2019; and members of Jehovah’s Witnesses and other religious believers. Memorial noted the average length of sentences for the cases on their list continued to increase, from 5.3 years for political prisoners and 6.6 years for religious prisoners in 2016 to 6.8 and 9.1 years, respectively, in 2018. In some cases sentences were significantly longer, such as the case of Aleksey Pichugin, a former security official of the Russian oil company Yukos, imprisoned since 2003 with a life sentence for conviction of alleged involvement in murder and murder attempts; human rights organizations asserted that his detention was politically motivated to obtain false evidence against Yukos executives.
There were credible reports that the country attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. Authorities used their access to the International Criminal Police Organization (Interpol) to target political enemies abroad. For example, the religious freedom rights organization Forum 18 reported that the country issued Interpol red notices in January to secure the extradition of at least two individuals facing “extremism” charges for exercising their freedom of religion or belief. Ashurali Magomedeminov, who studied the work of the late Turkish Muslim theologian Said Nursi, left Russia in 2016; the Investigative Committee launched a criminal case against him in 2017 after accusing him of sharing “extremist literature.”
There were credible reports that, for politically motivated purposes, the government attempted to exert bilateral pressure on another country aimed at having it take adverse action against specific individuals. For example, on February 21, Belarusian police detained Nikolay Makhalichev, a member of Jehovah’s Witnesses, at the request of the Russian authorities. Makhalichev said that Belarusian police told him that Russian authorities had put him on an interstate wanted list after they opened a criminal case against him for “extremism” for his religious affiliation. Russian prosecutors brought forth a request for extradition, but on April 7, the Belarusian courts determined that he would not be extradited.
Although the law provides mechanisms for individuals to file lawsuits against authorities for human rights violations, these mechanisms often did not work well. For example, the law provides that a defendant who has been acquitted after a trial has the right to compensation from the government. While this legal mechanism exists in principle, it was practically very cumbersome to use. Persons who believed their human rights were violated typically sought redress in the ECHR after domestic courts ruled against them. Amendments to the constitution approved in a nationwide vote on July 1, and signed into law on December 8, enshrined the primacy of Russian law over international law, stating that decisions by interstate bodies interpreted in a manner contrary to the constitution are not enforceable in the country. Many experts interpreted this to mean that courts have greater power to ignore rulings from international human rights bodies, including the ECHR; the courts had already set a precedent by declaring such bodies’ decisions “nonexecutable.”
The country has endorsed the Terezin Declaration on Holocaust Restitution but declined to endorse the 2010 Guidelines and Best Practices. There is no legislation or special mechanism in the country that addresses the restitution of or compensation for private property; the same is true for heirless property. The government has laws in place providing for the restitution of cultural property, but according to the laws’ provisions, claims may only be made by states and not individuals.
For information regarding Holocaust-era property restitution and related issues, please see the Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly on July 29, at https://www.state.gov/reports/just-act-report-to-congress/.
The law forbids officials from entering a private residence except in cases prescribed by federal law or when authorized by a judicial decision. The law also prohibits the collection, storage, utilization, and dissemination of information about a person’s private life without his or her consent. While the law previously prohibited government monitoring of correspondence, telephone conversations, and other means of communication without a warrant, those legal protections were significantly weakened by laws passed since 2016 granting authorities sweeping powers and requiring telecommunications providers to store all electronic and telecommunication data (see section 2.a., Internet Freedom). Politicians from minority parties, NGOs, human rights activists, and journalists alleged that authorities routinely employed surveillance and other measures to spy on and intimidate citizens.
Law enforcement agencies required telecommunications providers to grant the Ministry of Internal Affairs and the FSB continuous remote access to client databases, including telephone and electronic communications, enabling them to track private communications and monitor internet activity without the provider’s knowledge. The law permits authorities with a warrant to monitor telephone calls in real time, but this safeguard was largely pro forma. The Ministry of Information and Communication requires telecommunications service providers to allow the FSB to tap telephones and monitor the internet. The Ministry of Information and Communication maintained that authorities would not access information without a court order, although the FSB is not required to show it upon request.
In January a Novaya Gazeta investigation revealed that personnel of the Internal Affairs Ministry’s antiextremism division had installed a secret video camera in 2018 in the bedroom of Anastasiya Shevchenko, an Open Russia activist facing criminal charges for participating in an “undesirable” organization. The camera recorded her for five months without her knowledge.
The law requires explicit consent for governmental and private collection of biometric data via facial recognition technology. Laws on public security and crime prevention, however, provide for exceptions to this consent requirement. Human rights activists claimed the law lacks appropriate safeguards to prevent the misuse of these data, especially without any judicial or public oversight over surveillance methods and technologies.
As of September almost 200,000 government surveillance cameras have been installed in Moscow and equipped with Russian-developed automated facial recognition software as part of its Safe City program. The system was initially installed in key public places, such as metro stations and apartment entrances, in order to scan crowds against a database of wanted individuals. The first major test of this system occurred in the spring, as the Moscow city government began enforcing mandatory COVID-19 self-isolation requirements using facial recognition. The personal data of residents and international visitors placed under quarantine in Moscow were reportedly uploaded into the system in order to monitor the public for self-isolation violations. The Moscow city government announced that additional cameras would be installed throughout the city, including in one-quarter of the city’s 6,000 metro cars, by the end of the year.
In July, two activists, Alyona Popova and Vladimir Milov, filed a complaint against the country’s facial recognition program with the ECHR. Popova and Milov claimed closed-circuit television cameras were used during a large September 2019 protest in Moscow to conduct mass surveillance of the participants. They claimed that the government’s collection of protesters’ unique biometric data through the use of facial recognition technology violated the right to privacy and freedom of assembly provided for in the European Convention on Human Rights. Popova and Milov also argued the use of the technology at an opposition rally amounted to discrimination based on political views. The pair had previously filed a complaint in a local Moscow court, which was dismissed in March when the court ruled the government’s use of the technology legal.
On May 21, the State Duma adopted a law to create a unified federal register containing information on all the country’s residents, including their names, dates and places of birth, and marital status. According to press reports, intelligence and security services would have access to the database in their investigations. There were reports that authorities threatened to remove children from the custody of parents engaged in political activism or some forms of religious worship, or parents who were LGBTI persons. For example, on October 2, Russian media reported that authorities were threatening to arrest and take away the children of gay men who have fathered their children through surrogacy, accusing them of child trafficking. Several families reportedly left the country due to fear of arrest. As of December no formal arrest related to this threat had been reported.
The law requires relatives of terrorists to pay the cost of damages caused by an attack, which human rights advocates criticized as collective punishment. Chechen Republic authorities reportedly routinely imposed collective punishment on the relatives of alleged terrorists, including by expelling them from the republic.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
While the constitution provides for freedom of expression, including for the press, the government increasingly restricted this right. Regional and local authorities used procedural violations and restrictive or vague legislation to detain, harass, or prosecute persons who criticized the government or institutions it favored. The government exercised editorial control over media, creating a media landscape in which most citizens were exposed to predominantly government-approved narratives. Significant government pressure on independent media constrained coverage of numerous topics, especially of Belarus, LGBTI persons, the environment, elections, COVID-19, criticism of local or federal leadership, as well as secessionism or federalism. The government used direct ownership or ownership by large private companies with government links to control or influence major national media and regional media outlets, especially television. Censorship and self-censorship in television and print media and on the internet was widespread, particularly regarding points of view critical of the government or its policies. The government’s failure to investigate or prosecute attacks on human rights defenders and peaceful protesters further stifled freedom of assembly and association.
Freedom of Speech: Authorities continued to misuse the country’s expansive definition of extremism, under which citizens may be punished for certain types of peaceful protests, affiliation with certain religious denominations, and even certain social media posts, as a tool to stifle dissent. As of August the Ministry of Justice had expanded its list of extremist materials to include 5,080 books, videos, websites, social media pages, musical compositions, and other items, an increase of approximately 80 items from 2019. According to the prosecutor general, authorities prosecuted 585 extremism cases in 2019, the majority of which included charges of “extremism” levied against individuals for exercising free speech on social media and elsewhere.
On March 27, the State Duma passed legislation criminalizing the dissemination of false “socially significant information” online, in mass media, or during protests or public events. This law in effect toughened a March 2019 law that prohibited the dissemination of “incorrect socially meaningful information, distributed under the guise of correct information, which creates the threat of damage to the lives and health of citizens or property, the threat of mass disruption of public order and public security, or the threat of the creation of an impediment to the functioning of life support facilities, transport infrastructure, banking, energy, industry, or communications.” Authorities used the law to target human rights defenders and civil society activists in criminal investigations, most recently by accusing them of spreading unreliable information related to the COVID-19 pandemic.
On June 15, Agora International Human Right Group published a report showing that over the course of 450 days, authorities initiated approximately 200 cases against the dissemination of “unreliable socially significant information.” A total of 33 of the cases were filed between April 3 and June 9 and involved criminal complaints that mainly targeted activists, journalists, bloggers, and legislators.
In early May prosecutors opened a criminal investigation into the activities of Grigoriy Vinter, the head of the Vologda chapter of the NGO For Human Rights, after posts criticizing authorities for transporting prisoners who showed COVID-19 symptoms were published on a social media page that he administered. Vinter had previously faced similar politically motivated investigations for his human rights advocacy.
By law authorities may close any organization a court determines to be extremist, including media outlets and websites. Roskomnadzor, the country’s media oversight agency, routinely issued warnings to newspapers and internet outlets it suspected of publishing extremist materials. Three warnings in one year sufficed to initiate a closure lawsuit.
During the year authorities invoked a 2013 law prohibiting the distribution of “propaganda on nontraditional sexual relations” to minors to punish the exercise of free speech by LGBTI persons and their supporters. For example, Russian media reported that on July 10, LGBTI artist and activist Yuliya Tsvetkova was fined by a local court in the Russian Far East for social media posts and drawings depicting same-sex couples with their children, rainbow-colored cats, and matryoshka dolls holding hands. Tsvetkova was also under investigation for spreading pornography among minors for her body-positive projects in 2019. On September 22, her case was returned to the Investigative Committee for Khabarovsk Kray for further investigation in what experts believe was an attempt to prolong the trial.
Authorities investigated individuals for speech allegedly violating a law that prohibits “offending the feelings of religious believers.” For example, at the end of January, popular stand-up comic Aleksandr Dolgopolov left the country after police opened an investigation into one of his performances from 2019. Media reported that an audience member complained that Dolgopolov had insulted his religious feelings, possibly with a joke about Jesus and his mother Mary. In March, Dolgopolov announced that he had returned to Russia; the status of the investigation was unclear.
During the year authorities prosecuted individuals for speech that allegedly violated the law prohibiting the “rehabilitation of Nazism.” On August 8, media reported that the Investigative Committee opened a case against Voronezh resident Aleksandr Khoroshiltsev for posting a photo of Adolf Hitler on the website of the Immortal Regiment, the name given to the yearly procession of individuals with portraits of relatives who fought in World War II. Authorities told journalists that posts such as Khoroshiltsev’s were aimed at rehabilitating the Nazi regime.
The law bans the display of Nazi symbols and the symbols of groups placed on the government’s list of “extremist” organizations. There was no official register or list of banned symbols. On May 15, a district court in Kemerovo sentenced Vladislav Koretskiy, an 18-year-old student, to 10 days incarceration for publishing social media posts in 2016 and 2017 containing images of swastikas.
The law prohibits showing “disrespect” online for the state, authorities, the public, flag, or constitution. For example, on March 3, a district court in Tomsk fined activist Sergey Chaykovskiy, the executive director of the National Bureau for the Development of Democracy, for an Instagram post that showed a speech by Nancy Pelosi accusing Putin of interfering in the conflict in Ukraine. Chaykovskiy captioned the post “Vladimir Putin will answer for his crimes in Ukraine” and was found guilty of disrespecting authorities online.
During the year authorities enforced a law prohibiting the “propaganda of narcotics” to prosecute or threaten to block independent outlets. For example, in January the Supreme Court upheld lower court orders to block the distribution of an article by independent journalists chronicling the story of a heroin user. Free speech advocates expressed concern that the law allowed the government to ban any nonfiction article on drug use it deemed inappropriate.
During the year authorities used a law banning cooperation with “undesirable foreign organizations” to restrict free expression. For example, in March authorities opened an administrative case against the Andrey Rylkov Foundation for publishing a text from the Open Russia movement on its website. Prosecutors accused the foundation, which aids drug addicts and advocates for changes to laws on narcotics, of cooperating with an “undesirable foreign organization.”
Government-controlled media frequently used derogatory terms such as “traitor,” “foreign agent,” and “fifth column” to describe individuals expressing views critical of or different from government policy, leading to a societal climate intolerant of dissent.
Freedom of Press and Media, Including Online Media: The government continued to restrict press and media freedom. More than 80 percent of country’s mass media was funded by the government or progovernment actors. Government-friendly oligarchs owned most other outlets, which are permitted to determine what they publish within formal or informal boundaries set by the government. In the regions each governor also controlled regional media through direct or indirect funding or through affiliated structures. The federal government or progovernment individuals completely or partially owned all so-called federal television channels, the only stations with nationwide reach. The 29 most-watched stations together commanded 86 percent of television viewership; all were owned at least in part by the federal or local governments or by progovernment individuals. Government-owned media outlets often received preferential benefits, such as rent-free occupancy of government-owned buildings, and a preferential tax rate. On a regional level, state-owned and progovernment television channels received subsidies from the Ministry of Finance for broadcasting in cities with a population of less than 100,000 and on the creation and production of content. At many government-owned or -controlled outlets, the state increasingly dictated editorial policy. While the law restricts foreign ownership of media outlets to no more than 20 percent, another provision of the ambiguously worded law apparently bans foreign ownership entirely. The government used these provisions to consolidate ownership of independent outlets under progovernment oligarchs and to exert pressure on outlets that retained foreign backers. In its annual report on freedom of the press, Freedom House rated the country “not free.”
By law the Ministry of Justice is required to maintain a list of media outlets that are designated “foreign agents.” As of August there were 11 outlets listed. The decision to designate media outlets as foreign agents may be made outside of court by other government bodies, including law enforcement agencies.
The law allows authorities to label individuals (both Russian and foreign citizens) as “foreign agents” if they disseminate foreign media to an unspecified number of persons and receive funding from abroad. Human rights defenders expressed concern that this legislation would be used to further restrict the activities of or selectively punish journalists, bloggers, and social media users. Individuals labeled a “foreign agent” are required to register with the Ministry of Justice, and those living abroad also must create and register a legal entity inside the country in order to publish materials inside the country. All information published by the “foreign agent” individual must be marked as having been produced by a “foreign agent.” Fines for noncompliance with the law range from 10,000 to five million rubles ($133 to $66,500).
A parliamentary commission investigated alleged foreign interference into Russian domestic affairs. After the September 13 regional elections, the commission reported that “foreign agent” NGOs tried to discredit the election and undermine the confidence of Russians in the democratic procedures. According to the commission, the interference tactics were diverse and included disinformation on social networks and round-the-clock hacker attacks on the servers of the Russian Central Election Commission.
Violence and Harassment: Journalists continued to be subjected to arrest, imprisonment, physical attack, harassment, and intimidation as a result of their reporting. According to the Glasnost Defense Foundation, as of December incidents of violence and harassment against journalists included one killing, 42 attacks, 97 detentions by law enforcement officers, 46 prosecutions, 27 threats, and six politically motivated firings. Journalists and bloggers who uncovered government malfeasance or who criticized the government often faced harassment, either in the form of direct threats to their physical safety or threats to their livelihood, frequently through legal prosecution.
There were reports of attacks on journalists by government officials and police. For example, according to press reports, on June 30, a police officer severely injured David Frenkel, a journalist with the independent MediaZona outlet, as he was reporting on the nationwide vote on constitutional amendments in St. Petersburg. Frenkel was at a polling station investigating alleged violations of voting procedure. The head of the local voting commission requested that police remove Frenkel from the premises for purportedly interrupting the polling station’s work. A video widely circulated on social media showed the police officer tackling Frenkel, breaking his collarbone in the process. Frenkel was charged with three administrative offenses for allegedly interfering with the election commission’s work, ignoring police orders, and violating COVID-19 restrictions. Frenkel was eventually fined a nominal sum for the violations. His fines were upheld on appeal. Frenkel filed a lawsuit against the police officer involved; a preliminary investigation of the officer’s actions was reportedly launched but found no grounds for the opening of a case.
There were reports of police briefly detaining journalists to interfere with or punish them for their reporting. For example, on May 5, OVD-Info reported that police detained journalist Sergey Poznyakov as he was traveling to the editorial office of the newspaper Communists of Russia, where he worked as a correspondent. Police claimed they detained him because he did not show his documents, although Poznyakov asserted that he did. Police allegedly blocked the entrance to the newspaper’s office for five days, possibly in retaliation for its staff releasing red balloons, a symbolic gesture to communism, during a May Day celebration.
There were reports of police framing journalists for serious crimes to interfere with or punish them for their reporting. For example, Ivan Safronov, a former national security journalist for major national daily newspapers Kommersant and Vedomosti, was arrested by the FSB and charged with treason in July. Safronov was working as an aide to the head of the Russian space agency, Roscosmos, at the time of his arrest. The charges alleged Safronov was recruited by Czech intelligence agents in 2012 to pass sensitive Russian military information to another foreign government. Observers speculated the charges might be related to a 2017 Kommersant article coauthored by Safronov, detailing the potential sale of Russian military aircraft to Egypt. Safronov also provoked a strong reaction from the government for a 2019 article in Kommersant speculating on a shakeup of the leadership in the Federation Council. Safronov was subsequently fired from Kommersant, according to some accounts, due to government pressure on the publisher. Safronov’s supporters noted the treason charges complicated his defense in that independent examination of the evidence would likely be impossible. If convicted, Safronov faces up to 20 years in prison. As of December Safronov remained in custody.
There were reports of police raids on the offices of independent media outlets that observers believed were designed to punish or pressure the outlets. For example, in July police raided the offices and private homes of the opposition organization MBK Media and its associated human rights foundation, Open Russia. These raids were ostensibly connected to the continuing investigation of the Russian groups’ founder, Mikhail Khodorkovskiy, for alleged tax violations in 2003. Independent journalists believed the raids were actually tied to planned protests against recent constitutional amendments. MBK Media representatives pointed out that many of the staff members were only children in 2003, emphasizing their view that the raids were intended to interfere with their work.
In another example, in January Leonid Krivenkov, a retired cameraman for a major Russian state television broadcaster, was severely beaten by two unknown assailants. The attack came several weeks after Krivenkov gave multiple interviews detailing political censorship and corruption at the broadcaster. Krivenkov alleged the two men disparaged him for not respecting his homeland as they beat him. He was treated for a broken nose and severe bruising.
On October 15, journalist Sergey Plotnikov was abducted and beaten by unidentified persons in Khabarovsk, where he had been reporting on continuing protests in the city. He was reportedly handcuffed, driven into the forest outside the city, and threatened by shooting live rounds of ammunition into the ground near his feet. Plotnikov sustained a wound on his temple and was released the following morning.
Journalists reported threats in connection with their reporting. On April 13, Chechnya head Kadyrov posted a video statement on social media condemning Novaya Gazeta over an article alleging that local authorities’ response to COVID-19 was abusive. Kadyrov made death threats against the newspaper, stating that Russian authorities needed to stop Novaya Gazeta journalists before Chechen authorities would be forced to “commit a crime.” The article’s author, Yelena Milashina, had previously suffered an attack in Chechnya in February after she was ambushed and beaten by unknown assailants at her hotel. Kremlin spokesperson Dmitriy Peskov dismissed Kadyrov’s statement by saying that there was nothing out of the ordinary in Kadyrov’s reaction to Milashina’s reporting. On September 29, a Moscow court fined Novaya Gazeta for disseminating “fake” information in the article.
There was no progress during the year in establishing accountability in a number of high-profile killings of journalists, including the 2004 killing of Paul Klebnikov, the 2006 killing of Anna Politkovskaya, and the 2009 killing of Natalia Estemirova.
Censorship or Content Restrictions: The government directly and indirectly censored media, much of which occurred online (also see section 2.a., Internet Freedom and Academic Freedom and Cultural Events).
There were reports that the government retaliated against those who produced or published content it disliked. For example, the founder and editor of the independent news site Koza.Press, Irina Murakhtayeva (known professionally as Irina Slavina), was subjected to various forms of harassment and substantial fines by law enforcement in recent years. On October 1, law enforcement officers forcibly entered her Nizhny Novgorod apartment, ostensibly with a search warrant related to the civil society organization Open Russia. On October 2, Murakhtayeva committed suicide by self-immolation outside a regional Ministry of Internal Affairs building, writing on Facebook, “For my death, please blame the Russian Federation.”
There were reports that the government placed restrictions on printing presses to prevent them from printing materials for the political opposition. For example, on June 23, the Ministry of Internal Affairs’ center for combating extremism searched a printing house in St. Petersburg. Authorities detained three activists who ordered leaflets that opposed proposed constitutional amendments and criticized President Putin. The activists were charged under an article on production or distribution of campaign materials in violation of the law during elections and referenda.
Self-censorship in independent media was also reportedly widespread.
Libel/Slander Laws: Officials at all levels used their authority to restrict the work of and to retaliate against journalists and bloggers who criticized them, including taking legal action for alleged slander or libel, which are criminal offenses. For example, on June 15, the Investigative Committee opened a criminal libel case against anticorruption crusader, opposition activist, and prominent blogger Aleksey Navalny after he used social media to criticize a WWII veteran’s participation in a propaganda video supporting President Putin’s constitutional amendments package. Navalny faced penalties ranging from a substantial monetary fine to 240 hours of community service if convicted.
National Security: Authorities cited laws against terrorism or protecting national security to arrest or punish critics of the government or deter criticism of government policies or officials. For example, on September 9, Russian military historian Andrey Zhukov was convicted of high treason and sentenced to 12.5 years in prison. Zhukov was arrested in 2018 on allegations linked to “the history of the Russian Armed Forces and his vigorous activity online.” According to Zhukov’s colleagues, his interests included the formation, reassignment, and deployment of the country’s military units from World War I to the present. Before his arrest, Zhukov was also researching participants in World War II, their relatives, and their military awards.
There were reports that authorities charged journalists with terrorism offenses in retaliation for their reporting. For example, in June 2019 security services in Dagestan arrested Abdulmumin Gadzhiyev, a journalist and head of the religious affairs section of the independent newspaper Chernovik. Chernovik had long reported threats, politically motivated prosecutions, and other pressure for its work uncovering corruption and wrongdoing by local officials. In 2012 the newspaper’s editor in chief fled the country after receiving death threats, and its founder was shot 14 times outside the newspaper’s office in 2011, a crime that remained unsolved. Authorities charged Gadzhiyev and 10 codefendants with “taking part in the activities of a terrorist organization” and “organizing the financing of a terrorist organization” for purportedly diverting charitable donations to support the Islamic State in Syria. Conviction on the charges may result in up to 20 years’ imprisonment. Human rights defenders emphasized the charges were entirely based on a confession by a suspect who subsequently maintained that it was false and coerced, that Gadzhiyev had written critically of the Islamic State, and that there were other contradictions in the state’s case. They maintained that the case against him was fabricated. Gadzhiyev has remained in detention awaiting trial after a court repeatedly extended his pretrial detention. In April additional charges were filed against Gadzhiyev in Dagestan accusing him of participating in an extremist organization. The charges carry up to an additional 10 years in prison if Gadzhiyev is convicted. Memorial declared him to be a political prisoner.
There were reports that critics of the government’s counterterrorism policies were themselves charged with “justifying terrorism.” For example, on July 6, Pskov-based Radio Free Europe/Radio Liberty contributor Svetlana Prokopyeva was convicted of “justifying terrorism” and fined in relation to a 2018 radio piece that delved into the motivations of a teenage suicide bomber who had attacked a regional FSB office. In the piece Prokopyeva discussed whether the country’s repressive political environment might have influenced the attack. Prosecutors sought a six-year prison sentence for Prokopyeva, who was ultimately required only to pay a fine and was able to avoid incarceration. As she had been charged under antiterrorism laws, however, Prokopyeva was placed on a government list of “terrorists and extremists,” barring her from foreign travel as a result.
The government monitored all internet communications (see also section 1.f.).
The law requires internet providers to install equipment to route web traffic through servers in the country. The government continued to employ its longstanding use of the System for Operative Investigative Activities, which requires internet service providers (ISPs) to install, at their own expense, a device that routes all customer traffic to an FSB terminal. The system enables police to track private email communications, identify internet users, and monitor their internet activity. Internet advocates asserted the measure allows for surveillance by intelligence agencies and enables state authorities to control information and block content. The law also envisions the creation of an independent domain name system (DNS) for the country, separate from the global DNS. In July the Account Chamber announced that the proposed plan to create an independent DNS did not meet its deadline, citing COVID-19 related delays.
The law requires domestic and foreign businesses to store citizens’ personal data on servers located in the country. Companies that ignore this requirement risk being fined, blocked, or both. The law provides that companies refusing to localize Russian users’ data may be subject to penalties ranging from 5,000 rubles ($66) to six million rubles ($78,700), with fines of up to 18 million rubles ($236,000) for repeat offenses. In 2016 Roskomnadzor blocked access to the foreign-based professional networking website LinkedIn for failure to comply with the law; the service remained unavailable in the country without a virtual private network (VPN) service. In February a Moscow district court fined Twitter and Facebook 4.7 million rubles ($62,800) each for refusing to store the data of Russian users on servers located inside Russia. The two companies were also reportedly at risk of further fines for noncompliance with this requirement.
Telecommunications companies are required to store user data and make it available to law enforcement bodies. Companies are required to store users’ voice records for six months, and electronic correspondence (audio, images, and video) for three months.
Observers believed that the country’s security services were able to intercept and decode encrypted messages on at least some messaging platforms. The law requires telecommunications providers to provide authorities with “backdoors” around encryption technologies. Companies are fined up to six million rubles ($79,300) if they refuse to provide the FSB with decryption keys that would allow them to read users’ correspondence. The government blocked access to content and otherwise censored the internet. Roskomnadzor maintained a federal blacklist of internet sites and required ISPs to block access to web pages that the agency deemed offensive or illegal, including information that was already prohibited, such as items on the Federal List of Extremist Materials. The law gives the prosecutor general and Roskomnadzor authority to demand that ISPs block websites that promote extremist information and “mass public events that are conducted in violation of appropriate procedures.” According to the internet freedom NGO Roskomsvoboda, as of September a total of five million websites were unjustly blocked in the country. On August 10, a Moscow court fined Google for repeatedly failing to filter contents prohibited in Russia.
The law requires owners of internet search engines (news aggregators) with more than one million daily users to be accountable for the truthfulness of “publicly important” information before its dissemination. Authorities may demand that content deemed in violation be removed and impose heavy fines for refusal.
A law on the “right to be forgotten” allows individuals in the country to request that search-engine companies block search results that contain information about them. According to Freedom House’s 2020 Freedom on the Net report, the law was “routinely applied to require search engines to delete links to websites that contain personal information about an individual if it is no longer considered relevant.”
There was a growing trend of social media users being prosecuted for the political, religious, or other ideological content of posts, shares, and “likes,” which resulted in fines or prison sentences (see section 2.a., Freedom of Expression, Including for the Press).
The government prohibited online anonymity. The law requires commercial VPN services and internet anonymizers to block access to websites and internet content prohibited in the country. The law also authorizes law enforcement agencies, including the Ministry of Internal Affairs and FSB, to identify VPN services that do not comply with the ban by Roskomnadzor. By law Roskomnadzor may also block sites that provide instructions on how to circumvent government blocking. When the law came into force in 2017, Roskomnadzor announced that the majority of commercial VPNs and anonymizers used in the country had registered and intended to comply with the law, although most foreign-based VPNs had not. In March, Roskomnadzor announced the launch of an automated system for checking proxies, VPNs, and search engines for compliance with the requirements for blocking access to prohibited sites.
The law prohibits companies registered as “organizers of information dissemination,” including online messaging applications, from allowing anonymous users. Messaging applications and platforms that fail to comply with the requirements to restrict anonymous accounts may be blocked. In June 2019 authorities demanded that dating app Tinder provide messages and photos exchanged by users of the service.
There were reports of politically motivated cyberattacks. In March the Digital Revolution hackers group announced that the FSB had purchased the Fronton program, which allows for cyberattacks to crash servers and hack smart devices. On May 5, a political activist in St. Petersburg, Denis Mikhailov, reported a spam attack on the anniversary of an anti-Putin protest. Mikhailov noted that he received several hundred telephone calls from unknown numbers on that day.
The government took further steps during the year to restrict academic freedom and cultural events.
There were reports that the government censored textbooks, curricula, and other school materials. For example, in January the state university Higher School of Economics (HSE) published amendments to its student rules and labor regulations. These changes limited the rights of students to make political statements on behalf of student groups, effectively prohibiting activities by students or faculty deemed “socially divisive” by university administrators. Student newspapers also lost their status as student groups at the university, eliminating their school funding. The policy changes were seen as a direct response to a number of high-profile student political protests and the appearance of an opposition leader on a student talk show in 2019.
There were reports that the government sanctioned academic personnel for their teachings, writing, research, or political views. In August the HSE decided not to renew the contracts of five lecturers due to the “reorganization” of the university. Among the lecturers was Kirill Martynov, a political correspondent for the independent Novaya Gazeta newspaper. Martynov claimed the official explanation for HSE’s failure to renew his contract was dubious, suggesting that it was related to his journalistic work. The university also failed to renew the contract of world-renowned sociologist Ella Paneyakh. Media outlets reported that HSE administrators asked their faculty members not to criticize Russian authorities while publicly identifying with the university.
During the year authorities in Chechnya retaliated against artists for alleged lack of compliance with local traditions. In July Chechnya head Kadyrov announced that singers who appear in public (including at weddings) must have their lyrics approved by the Chechen Ministry of Culture and a special commission that checks them for compliance with “the Chechen mentality.”
In June a Moscow court convicted well-known theater director Kirill Serebrennikov of embezzlement and sentenced him to a fine, three years of probation, and a three-year ban on leading a state-funded cultural institution in Russia. Serebrennikov had been on trial since 2018 for embezzlement of state funds to stage a Shakespeare play that the government alleged he never produced. According to media outlets, however, the play had been staged more than 15 times, and observers believed the charges were politically motivated, citing Serebrennikov’s participation in antigovernment protests and criticism of government policies. The prosecution was widely seen by observers as a warning to the artistic community as a whole.
There were reports that authorities failed to protect performers and audiences from threats and physical attacks during cultural events they opposed. For example, on January 30, The Economist magazine reported that teatr.doc, an experimental theater company based in Moscow, was attacked by an ultraconservative group during a play that explored LGBTI themes. The agitators allegedly entered the theater, stopped the play, and shouted homophobic slurs. Police were called in and a fight broke out, but no charges were brought. On another occasion, bomb threats were called in to the theater, forcing the performance to stop and providing authorities an opportunity to check audience members’ documents.
There were reports that authorities forced the cancellation of concerts of musicians who had been critical of the government. In most cases the FSB or other security forces visited the music venues and “highly recommended” cancelation of the concerts, which the owners and managers understood as a veiled threat against the venue if they did not comply. For example, on January 28, Novaya Gazeta reported that the Prosecutor’s Office in the Kaluga region warned the organizers of a concert by the ska-punk band Distemper that the band’s lyrics contained “propaganda of radical anarchist views” and reminded them that they faced criminal liability for “incitement to extremist activity.” As a result the organizers decided to cancel the concert.
The government restricted freedoms of peaceful assembly and association.
The law provides for freedom of assembly, but local authorities restricted this right. The law requires organizers of public meetings, demonstrations, or marches by more than one person to notify the government, although authorities maintained that protest organizers must receive government permission, not just provide notification. Failure to obtain official permission to hold a protest resulted in the demonstration being viewed as unlawful by law enforcement officials, who routinely dispersed such protests. While some public demonstrations took place, on many occasions local officials selectively denied groups permission to assemble or offered alternate venues that were inconveniently or remotely located. Many public demonstrations were restricted or banned due to COVID-19 measures. Each region enforced its own restrictions. As of September, Moscow and St. Petersburg had banned all mass events.
Although they do not require official approval, authorities restricted single-person pickets and required that there be at least 164 feet separating protesters from each other. In 2017 the Constitutional Court decreed that police officers may stop a single-person picket to protect the health and safety of the picketer. In July the Ministry of Internal Affairs announced that single-person pickets are considered mass events and violate the COVID-19-related ban on mass gatherings.
The law requires that “motor rallies” and “tent city” gatherings in public places receive official permission. It requires gatherings that would interfere with pedestrian or vehicle traffic to receive official agreement 10 days prior to the event; those that do not affect traffic require three days’ notice. The law prohibits “mass rioting,” which includes teaching and learning about the organization of and participation in “mass riots.” The law allows authorities to prohibit nighttime demonstrations and meetings and levy fines for violating protest regulations and rules on holding public events.
The law provides heavy penalties for engaging in unsanctioned protests and other violations of public assembly law. Protesters convicted of multiple violations within six months may be fined substantially or imprisoned for up to five years. The law prohibits “involving a minor in participation in an unsanctioned gathering,” which is punishable by fines, 100 hours of community service, or arrest for up to 15 days.
Arrests or detentions for organizing or taking part in unsanctioned protests were common. The July 9 arrest of Khabarovsk Kray governor Sergey Furgal sparked more than four months of continuous protests in the region, with solidarity protests occurring in other Russian Far East cities including Vladivostok, Birobidzhan, and on Sakhalin Island. None of the protests was sanctioned by authorities. According to official Khabarovsk Kray statistics, between July 11 and September 6, a total of 4,126 citations were issued for drivers participating in motor rallies that “interfered” with the flow of traffic, 173 citations were issued for participation in an unsanctioned meeting, and 22 individuals were detained. Among those detained and fined was Father Andrey, an Orthodox priest who did not chant slogans or hold placards. He received the largest fine during the series of protests and was detained for three days.
In another example, on April 20, authorities detained at least 69 protesters in North Ossetia’s capital, Vladikavkaz, who opposed the government’s policy imposing self-isolation due to public-health concerns. The 2,000-person protest demanded economic support during the pandemic.
Police often broke up protests that were not officially sanctioned, at times using disproportionate force. For example, on July 19, police officers reportedly severely beat Academy of Science biochemist Anton Rasin, who was participating in a march in Vladivostok in solidarity with the Khabarovsk protests. Rasin claimed officers beat him when he asked plainclothes officers to produce their identification. On July 20, he was convicted and sentenced to five days in jail by the court for failure to obey law enforcement directions.
Authorities regularly detained single-person picketers. For example, on April 26, police detained Andrey Boyarshinov in Kazan while standing in a single-person picket to protest the demolition of a prerevolutionary building. Police claimed that Boyarshinov was in violation of a self-isolation order in connection with the COVID-19 pandemic.
The constitution provides for freedom of association, but the government did not respect it. Public organizations must register their bylaws and the names of their leaders with the Ministry of Justice. The finances of registered organizations are subject to investigation by tax authorities, and foreign grants must be registered.
The government continued to use the “foreign agents” law, which requires NGOs that receive foreign funding and engage in “political activity” to register as “foreign agents,” to harass, stigmatize, and, in some cases, halt their operation, although fewer organizations were registered than in previous years. As of December the Ministry of Justice’s registry of organizations designated as “foreign agents” included 75 NGOs. NGOs designated as “foreign agents” are banned by law from observing elections and face other restrictions on their activity.
For the purposes of implementing the foreign agents law, the government considered “political activities” to include: organizing public events, rallies, demonstrations, marches, and pickets; organizing and conducting public debates, discussions, or presentations; participating in election activities aimed at influencing the result, including election observation and forming commissions; public calls to influence local and state government bodies, including calling for changes to legislation; disseminating opinions and decisions of state bodies by technology; and attempting to shape public political views, including public opinion polls or other sociological research.
To be delisted, an NGO must submit an application to the Ministry of Justice proving that it did not receive any foreign funding or engage in any political activity within the previous 12 months. If the NGO received any foreign funding, it must have returned the money within three months. The ministry would then initiate an unscheduled inspection of the NGO to determine whether it qualified for removal from the list.
The law on “foreign agents” requires that NGOs identify themselves as “foreign agents” in all of their public materials. Authorities fined NGOs for failing to disclose their “foreign agent” status on websites or printed materials. For example, as of August the human rights NGO Memorial was fined at least 24 times for purported violations of the “foreign agents” law. The fines totaled more than five million rubles ($66,500). On December 3, the Prosecutor General’s Office (PGO) initiated a search of Memorial’s Moscow headquarters to verify compliance with the “foreign agents” law. Media reported that the PGO’s “verification” would continue through December 29 and involve requests to review hundreds of documents, in what Memorial characterized as an effort to harass the NGO and hinder its work.
Organizations the government listed as “foreign agents” reported experiencing the social effects of stigmatization, such as being targeted by vandals and online criticism, in addition to losing partners and funding sources and being subjected to smear campaigns in the state-controlled press. At the same time, the “foreign agent” label did not necessarily exclude organizations from receiving state-sponsored support. As of September 2019, four NGOs labeled as “foreign agents” had received presidential grants for “socially oriented projects.”
The law requires the Ministry of Justice to maintain a list of “undesirable foreign organizations.” The list expanded during the year to 31 organizations, since the Ministry of Justice added the European Endowment for Democracy, the Jamestown Foundation, Project Harmony, Inc., seven organizations associated with Falun Gong, the Prague Civil Society Center, and the Association of Schools of Political Studies of the Council of Europe. By law a foreign organization may be found “undesirable” if it is deemed “dangerous to the foundations of the constitutional order of the Russian Federation, its national security, and defense.” Authorities have not clarified what specific threats the “undesirable” NGOs posed to the country. Any foreign organization deemed “undesirable” must cease its activities. Any money or assets found by authorities may be seized, and any citizens found guilty of continuing to work with the organization in contravention of the law may face up to seven years in prison.
Authorities imposed criminal penalties for purported violations of the law on “undesirable foreign organizations.” On October 2, a Krasnodar court convicted and sentenced Yana Antonova, a pediatric surgeon and a former coordinator of Open Russia in Krasnodar, to 240 hours of forced labor for “participating” in activities of “undesirable foreign organization.” Open Russia was declared an “undesirable foreign organization” in 2017. Authorities opened a criminal case against Antonova in March 2019 for reposting articles on her social media accounts and for conducting a single-person picket.
NGOs engaged in political activities or activities that purportedly “pose a threat to the country” or that received support from U.S. citizens or organizations are subject to suspension under the 2012 “Dima Yakovlev” law, which also prohibits NGOs from having members with dual Russian-U.S. citizenship.
Authorities continued to misuse the country’s expansive definition of extremism to stifle freedom of association. In 2017 the Supreme Court criminalized the activity of members of Jehovah’s Witnesses, prohibiting all activity of Jehovah’s Witnesses’ legal entities throughout the country and effectively banning their worship. The parent organization of the Jehovah’s Witnesses and its regional branches were placed on the Justice Ministry’s list of “extremist” groups, and members were subject to imprisonment, detention, house arrest, or criminal investigation participating in the activities of a “banned extremist organization” (see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/).
There were reports civil society activists were beaten or attacked in retaliation for their professional activities and that in most cases law enforcement officials did not adequately investigate the incidents. For example, media outlets reported that on August 13 in St. Petersburg, Aleksandr Shurshev, a lawyer at the local office of Aleksey Navalny’s team, was beaten for the fourth time in a year. According to Shurshev, police did not respond to any of his reports of attacks.
In multiple cases, authorities arbitrarily arrested and prosecuted civil society activists in political retaliation for their work (see section 1.e.).
There were reports authorities targeted NGOs and activists representing the LGBTI community for retaliation (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but in some cases authorities restricted these rights.
In-country Movement: Although the law gives citizens the right to choose their place of residence, adult citizens must carry government-issued internal passports while traveling domestically and must register with local authorities after arriving at a different location. To have their files transferred, persons with official refugee or asylum status must notify the Ministry of Internal Affairs in advance of relocating to a district other than the one that originally granted them status. Authorities often refused to provide government services to individuals without internal passports or proper registration, and many regional governments continued to restrict this right through residential registration rules.
Authorities imposed in-country travel restrictions on individuals facing prosecution for political purposes.
Foreign Travel: The law provides for freedom to travel abroad, but the government restricted this right for certain groups. The law stipulates, for example, that a person who violates a court decision does not have a right to leave the country. A court may also prohibit a person from leaving the country for failure to satisfy debts; if the individual is suspected, accused, or convicted of a crime; or if the individual had access to classified material. The law allows for the temporary restriction of the right to leave the country for citizens with outstanding debts. According to press reports citing statistics from the Federal Bailiff Service, approximately 10 million Russians were unable to leave the country because of debts in 2019.
Since 2014 the government restricted the foreign travel of millions of its employees, prescribing which countries they are and are not allowed to visit. The restriction applies to employees of agencies including the Prosecutor General’s Office, the Ministry of Internal Affairs, the Ministry of Defense, the Federal Prison Service, the Federal Drug Control Service, the Federal Bailiff Service, the General Administration for Migration Issues (GAMI), and the Ministry of Emergency Situations.
Citizenship: There were reports that the government revoked citizenship on an arbitrary or discriminatory basis. For example, in April the Internal Affairs Ministry stripped the citizenship of Feliks Makhammadiyev and Konstantin Bazhenov, two members of Jehovah’s Witnesses convicted of “extremism” on the basis of their religious beliefs. Makhammadiyev was left stateless as a result. As of November Makhammadiyev was still serving a three-year prison term. In another case Yevgeniy Kim, who served more than three years in a Russian prison for conviction of “extremism,” was rendered stateless in January 2019 when Sverdlovsk region authorities canceled a 2005 decision to grant him citizenship after he had given up his Uzbek citizenship. Since his release in April 2019, Kim has been held in a migration detention center awaiting deportation to Uzbekistan, where authorities continued to refuse to accept him since he no longer held citizenship there.
The Internal Displacement Monitoring Center (IDMC) estimated the country was home to 5,300 internally displaced persons (IDPs) as of December 2019. Of the 5,300 IDPs, the IDMC asserted that 1,800 were due to conflict and violence.
According to the government’s official statistics, the number of “forced” migrants, which per government definition includes refugees, asylum seekers, and IDPs, decreased from 9,485 in 2019 to 5,323 in June, of whom 1,085 were IDPs. The government indicated that the majority of forced migrants came from former Soviet republics, namely Georgia, Kazakhstan, and Uzbekistan.
Reliable information on whether the government promoted the safe, voluntary, dignified return, resettlement, or local integration of IDPs was not available. According to Svetlana Gannushkina from the independent NGOs Civic Assistance Committee and Memorial, most IDPs in the country were displaced by the Ossetian-Ingush conflict of 1992 and the Chechen wars in the mid-1990s and early 2000s. The Ossetian-Ingush conflict displaced Ingush people from the territory of North Ossetia-Alania, and the Chechen wars displaced Chechens. The government provided minimal financial support for housing to those who are registered as IDPs, but the Civic Assistance Committee criticized the government’s strict rules to qualify and the long line to wait for housing support.
The UN High Commissioner for Refugees (UNHCR) reported it had a working relationship with the government on asylum, refugee, and stateless persons problems. The Civic Assistance Committee reported, however, that the government failed to provide protection and assistance to IDPs, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported that police detained, fined, and threatened with deportation migrants, refugees, and stateless persons.
The government considered Ukrainian asylum seekers to be separate from asylum seekers from other countries, such as Afghanistan, Georgia, Syria, Sudan, and Yemen. In some cases temporary asylum holders who received refugee status from third countries were not granted exit visas or allowed to depart the country.
In March the country closed its borders in response to the COVID-19 pandemic, trapping many migrants within the country. Many lost their jobs during that time and faced erratic and ad hoc repatriation measures. Lacking information and fearing the reintroduction of more stringent in-country travel restrictions, many found themselves on the street or stuck in makeshift camps near a transport hub until the country gradually opened up the borders after several months. For example, on September 21, Human Rights Watch reported on a temporary tent camp in the Samara region that housed approximately 4,500 Uzbek migrants who were waiting for a train to take them back to their country. Many had been there for months, living in extremely cramped, substandard conditions with no certainty of when they would be able to leave the country safely. On September 24, the department of the All-Russian Congress of Uzbekistanis in the Samara region announced that these migrants were granted permission to leave the country by October 3.
Refoulement: The concept of nonrefoulement is not explicitly stated in the law. The government provided some protection against the expulsion or return of persons to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion. The responsible agency, GAMI, did not maintain a presence at airports or other border points and did not adequately publicize that asylum seekers may request access to the agency. Asylum seekers had to rely on the goodwill of border guards and airline personnel to call immigration officials. Otherwise they faced immediate deportation to neighboring countries or return to their countries of origin, including in some cases to countries where they may have had reasonable grounds to fear persecution. While there were no statistics available on the number of persons subjected to such actions, in May the Civic Assistance Committee reported “the scale of expulsion of refugees must be considerable.”
Human rights groups continued to allege that authorities made improper use of international agreements that permit them to detain, and possibly repatriate, persons with outstanding arrest warrants from other former Soviet states. This system, enforced by informal ties among senior law enforcement officials of the countries concerned, permitted authorities to detain individuals for up to one month while the Prosecutor General’s Office investigated the nature of the warrants. International organizations reported six cases of refoulement of asylum seekers in 2018, and NGOs cited cases in which officials detained persons (most commonly from Central Asia) and returned them clandestinely to their country of origin.
In an example of clandestine repatriation, on September 1, Shobuddin Badalov, an activist from the Group 24 movement that is banned in Tajikistan, reportedly disappeared in Nizhny Novgorod. His lawyer and associates believed he was kidnapped and extradited without judicial process to Tajikistan. Badalov had been granted temporary asylum status in 2019. On October 3, the Ministry of Internal Affairs stated that Badalov had voluntarily flown from Moscow’s Domodedovo International Airport to Dushanbe on September 1. On November 3, the government of Tajikistan confirmed Badalov’s detention in Tajikistan.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. NGOs reported applicants commonly paid informal “facilitation fees” of approximately 33,000 rubles ($440) to GAMI adjudicators to have their application reviewed. Applicants who did not speak Russian often had to pay for a private interpreter. Human rights organizations noted that nearly all newly arrived asylum seekers in large cities, particularly Moscow and St. Petersburg, were forced to apply in other regions, allegedly due to full quotas. NGOs also noted difficulty in applying for asylum due to long queues and lack of clear application procedures. GAMI approved only a small percentage of applications for refugee status and temporary asylum, except for Ukrainians whose applications had a much higher chance of approval.
Human rights organizations noted the government’s issuance of refugee and temporary asylum status decreased steadily over the previous few years, pointing to the government’s systematic and arbitrary refusal to grant asylums. NGOs also reported that authorities encouraged applicants to return to their countries of origin.
Authorities reportedly also had blanket authority to grant temporary asylum to Syrians, but local migration experts noted a decrease in the number of Syrians afforded temporary asylum, suggesting that GAMI had not renewed the temporary asylum of hundreds of Syrians and, in some cases, encouraged applicants to return to Syria.
Employment: Employers frequently refused to hire applicants who lacked residential registration. UNHCR reported that employers frequently were not familiar with laws permitting employment for refugees without work permits and refused to hire them. NGOs reported that refugees and migrants were vulnerable to exploitation in the form of forced labor because of the lack of proper documents and insufficient Russian language skills.
Access to Basic Services: By law successful temporary asylum seekers and persons whose applications were being processed have the right to work, to receive medical care, and to attend school. NGOs reported authorities provided some services to Ukrainian asylum seekers, but there were instances in which applicants from other countries were denied the same service, including access to medical care and food banks.
While federal law provides for education for all children, regional authorities occasionally denied access to schools to children of temporary asylum and refugee applicants who lacked residential registration or who did not speak Russian. The Civic Assistance Committee reported that approximately one-third of the children of refugees were enrolled in schools. When parents encountered difficulties enrolling their children in school, authorities generally cooperated with UNHCR to resolve the problem.
Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees. As of January 1, some 41,946 persons, 96 percent of whom were citizens of Ukraine, held a certificate of temporary asylum in Russia. A person who does not satisfy the criteria for refugee status, but who for humanitarian reasons could not be expelled or deported, may receive temporary asylum after submitting a separate application. There were reports, however, of authorities not upholding the principle of temporary protection.
According to the 2010 population census, the country was home to 178,000 self-declared stateless persons. Official statistics did not differentiate between stateless persons and other categories of persons seeking assistance. Law, policy, and procedures allow stateless persons and their children born in the country to gain nationality. The Civic Assistance Committee noted that most stateless persons in the country were elderly, ill, or single former Soviet Union passport holders who missed the opportunity to claim Russian citizenship after the Soviet Union broke up. The NGO reported various bureaucratic hurdles as obstacles to obtaining legal status in the country.
Section 3. Freedom to Participate in the Political Process
While the law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, citizens could not fully do so because the government limited the ability of opposition parties to organize, register candidates for public office, access media outlets, and conduct political campaigns.
Elections and Political Participation
Recent Elections: On July 1, the government conducted a national vote on a package of constitutional amendments. This vote was not legally a referendum and was considered by most experts to be extraconstitutional. As such it was not bound by Russia’s normal election laws, and domestic observers were not provided a role in monitoring the poll’s conduct. Authorities mobilized administrative resources to drive up voter participation, which in effect functioned as a de facto campaign in favor of the government’s proposed amendments, while those seeking to campaign publicly against the amendments were denied the opportunity. Because the vote was not legally a referendum, no international observers were present to monitor the process.
The Organization for Security and Cooperation in Europe (OSCE) reported that the 2018 presidential election “took place in an overly controlled environment, marked by continued pressure on critical voices” and that “restrictions on the fundamental freedoms, as well as on candidate registration, have limited the space for political engagement and resulted in a lack of genuine competition.” The OSCE also noted that “television, and in particular broadcasters that are state funded, owned, or supported, remains the dominant source of political information. A restrictive legislative and regulatory framework challenges freedom of media and induces self-censorship. Voters were thus not presented with a critical assessment of the incumbent’s views and qualifications in most media.” Observers widely noted that the most serious potential challenger, Aleksey Navalny, was prevented from registering his candidacy due to a previous politically motivated criminal conviction.
In a statement on the 2016 State Duma elections, the OSCE’s election observation mission noted, “Democratic commitments continue to be challenged and the electoral environment was negatively affected by restrictions to fundamental freedoms and political rights, firmly controlled media and a tightening grip on civil society…Local authorities did not always treat the candidates equally, and instances of misuse of administrative resources were noted.”
The September 13 elections of 18 governors and 11 regional legislative bodies were marked by similar allegations of government interference and manipulation. Independent election monitors logged thousands of reported abuses during these elections at the regional and local levels. For example, in a case that was emblematic of many others, the election commission of the Arkhangelsk region announced on August 4 that environmental activist Oleg Mandrykin, nominated by the opposition Yabloko Party to run in the gubernatorial election, had failed to pass the municipal filter. The election commission claimed he had not collected the required number of signatures from the municipal districts and thus was disqualified from running for the post of governor. Mandrykin reported that his supporters had faced “unprecedented pressure” from regional authorities.
Authorities sought to restrict the work of independent election monitors and promoted government-sponsored monitoring instead. Observers were prohibited from being accredited to more than one polling station, limiting the ability of civil society to monitor elections. Critics contended that the law made it difficult for domestic election monitors to conduct surprise inspections due to provisions requiring observers to register with authorities, including the polling station they intended to monitor, three days before elections. Burdensome registration regulations also hampered the work of journalists wishing to monitor elections as well as independent or nonpartisan groups.
The election-monitoring NGO Golos announced that the September 13 election took place under the worst electoral regulations in 25 years, with greater limits on the electoral rights of citizens and increased attacks on the rights of election observers. For example, on September 9, in the Ivanovo and Novgorod regions, security officials searched the apartments of public observation organizers, including Ruslan Zinatullin, the head of the Tatarstan branch of the Yabloko Party. Authorities continued to hamper the efforts of Golos to take part in the election process, since its work was made more difficult by a law prohibiting NGOs listed as “foreign agents,” as well as by continuing harassment and intimidation by authorities.
Political Parties and Political Participation: The process for nominating candidates for office was highly regulated and placed significant burdens on opposition parties and their candidates. While parties represented in the State Duma may nominate a presidential candidate without having to collect and submit signatures, prospective self-nominated presidential candidates must collect 300,000 signatures, no more than 7,500 from each region, and submit the signatures to the Central Election Commission for certification. Presidential candidates nominated by parties without State Duma representation must collect 100,000 signatures. An independent presidential candidate is ineligible to run if the commission finds more than 5 percent of signatures invalid.
Candidates to the State Duma may be nominated directly by constituents, political parties in single-mandate districts, or political parties on their federal list, or they may be self-nominated. Political parties select candidates for the federal lists from their ranks during party conventions via closed voting procedures. Party conventions also select single mandate candidates. Only political parties that overcame the 5 percent threshold during the previous elections may form federal and single-mandate candidate lists without collecting signatures, while parties that did not must collect 200,000 signatures to register a candidate for the Duma. Self-nominated candidates generally must gather the signatures of 3 percent of the voters in their districts.
Gubernatorial candidates nominated by registered political parties are not required to collect signatures from members of the public, although self-nominated candidates are. The law also requires gubernatorial candidates not nominated by a registered party to meet a “municipal filter” requirement. Such candidates must obtain signatures of support from a defined portion of municipal deputies, the portion of which varies by region, as well as collect signatures from at least one deputy in each of a specified portion of municipal council districts.
Observers and would-be candidates reported the municipal filter was not applied equally and that authorities pressured municipal deputies not to provide signatures to candidates who were not preapproved by authorities. They asserted that no independent candidate with the potential to defeat authorities’ favored candidates was permitted to pass through the municipal filter, while progovernment candidates were passed through the filter without fulfilling technical requirements.
In some cases opposition parties were repeatedly denied registration or faced court-mandated suspensions of their activities. On January 14, the Supreme Court ruled to suspend for three months the work of opposition leader Dmitriy Gudkov’s political party, Party of Change (officially known as Civic Initiative). The Justice Ministry filed a lawsuit against the party after refusing to register its charter because the party purportedly failed to provide the minutes from its meeting.
Authorities continued to engage in a pattern of harassment, including threats of violence, against Navalny and his supporters. On July 23, Dmitry Nizovtsev, the host of the YouTube channel for Navalny’s headquarters in Khabarovsk, was assaulted after he broadcast from a march organized to support ousted Khabarovsk Kray governor Sergey Furgal. He claimed that his attackers were linked to authorities and beat him because of his reporting and association with Navalny.
Systemic opposition parties (i.e., quasi-independent parties permitted by the government to appear on the ballot) also faced pressure. For example, media outlets reported on August 31 that representatives of the Communist Party and the Liberal Democratic Party were attacked in Novosibirsk in the run-up to the September 13 regional election, including the headquarters of Roman Yakovlev, a candidate from the Communist Party. On July 26, the Communist Party also reported that its candidates had problems with passing the municipal filter in at least three regions.
State entities or entities closely aligned with the state also influenced their employees to vote a certain way. In Omsk workers from Russian Railways told journalists they were encouraged to photograph themselves with their completed ballots for the July 1 national vote on constitutional amendments. In Yekaterinburg the clergy of some Russian Orthodox Churches encouraged their parishioners to vote in favor of the constitutional amendments.
Participation of Women and Members of Minority Groups: No laws limit participation of women and members of minority groups in the political process, and they did participate. Women held less than 20 percent of elected seats in the national legislature. As of January women held approximately 5 percent of ministerial positions. While members of national minorities took an active part in political life, ethnic Russians, who constituted approximately 80 percent of the population, dominated the political and administrative system, particularly at the federal level.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were numerous reports that the illegitimate Maduro regime committed arbitrary or unlawful killings. Although the regime did not release statistics on extrajudicial killings, nongovernmental organizations (NGOs) reported that national, state, and municipal police entities, as well as the armed forces and regime-supported colectivos, carried out thousands of such killings during the year.
The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office for Protection of Human Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials. There was also no official information available on the number of public officials prosecuted, convicted, or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.”
On August 20, FAES officers shot and killed journalists Andres Nieves Zacarias and Victor Torres during a raid at the headquarters of Guacamaya TV in Zulia State. Torres’ father, the director of the television station, stated FAES officers then seized all of the station’s audiovisual equipment and planted weapons on the victims’ bodies to simulate an alleged confrontation. Illegitimate regime attorney general Tarek William Saab called the homicides extrajudicial killings, and four FAES officers were arrested in connection with the killings.
The illegitimate regime attorney general reported that from 2017 to July, one officer was convicted of homicide for killings in the context of security operations. The regime did not release details on the officer’s conviction or other investigations of security officers involved in killings. The OHCHR found that investigations of human rights violations committed by regime security forces were hampered by its refusal to cooperate, tampering with evidence, judicial delays, and harassment of relatives of victims. According to NGOs, prosecutors occasionally brought cases against perpetrators of extrajudicial killings, but prosecutions often resulted in light sentences, and convictions were often overturned on appeal. In many cases the regime appeared to be scapegoating low-level functionaries while allowing high-level officials who issued the illegal orders to continue in their positions.
A UN Independent International Fact-Finding Mission (FFM) on Venezuela report released in September stated that extrajudicial killings were committed by officers belonging to the military, police, and intelligence services, including in more recent years by FAES and the National Scientific Criminal and Investigative Corps (CICPC) officers. The FFM asserted that some high-level authorities had knowledge of and contributed to the crimes, while others who knew or should have known of the crimes did not take measures to prevent or stop them. Victims were typically young men, targeted due to alleged criminal activity, revenge, or mistaken identity, who were shot and killed in their homes or neighborhoods. Media and NGOs reported security forces attempted to cover up extrajudicial killings by planting evidence or altering crime scenes to suggest an altercation or attempted escape by the victim. The FFM concluded there were reasonable grounds to believe that authorities and security forces planned and executed serious human rights violations, including killings, some of which amounted to crimes against humanity, since 2014. The FFM report also stated there were reasonable grounds to believe that Maduro and other regime officials either ordered, contributed to, or were involved in the commission of the crimes and human rights abuses documented in the FFM report.
The NGOs Foro Penal and Robert F. Kennedy Human Rights documented 753 enforced disappearances of political detainees between 2018 and June 2020. An OHCHR investigation found that almost all individuals detained by the Directorate General of Military Counterintelligence (DGCIM) were subjected to enforced disappearances for periods of seven to 40 days after their arrest, raising their risk of also becoming victims of torture and abuse. The illegitimate Maduro regime continued to deny requests by the UN Working Group on Enforced or Involuntary Disappearances to visit the country to conduct an investigation.
On March 10, FAES officers detained National Assembly (AN) deputy Renzo Prieto and two assistants, without a warrant for their arrest, after the three participated in a protest in support of interim president Guaido. The illegitimate Maduro regime authorities did not disclose Prieto’s location, nor did they allow any form of communication between Prieto and his family or lawyers during his detention. Prieto’s family expressed significant concern for his state of health, due to an injury that required urgent surgical care and risk of contracting COVID-19. While in regime custody, Prieto stated he was forced to sleep on the floor in a frigid, windowless, four-by-eight-foot cell with five other detainees. On August 31, Prieto was released. Prieto previously had been in regime detention from 2014 to 2018, also after participating in a protest, in what the UN Working Group on Arbitrary Detention concluded was an arbitrary arrest.
The illegitimate Maduro regime arrested AN deputy Gilber Caro in December 2019, his third detention since 2017, and did not reveal his location or permit contact with his lawyer until January 21. On August 31, he was released.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the constitution and law prohibit such practices, there were credible reports that Maduro-aligned security forces tortured and abused detainees. According to the illegitimate Maduro regime, as of May, 26 individuals had been convicted of torturing or abusing detainees.
The regime-aligned Office of the Human Rights Ombudsman did not publish statistics regarding allegations of torture by police during the year. Several NGOs detailed cases of widespread torture and “cruel, inhuman, and degrading treatment.” Human rights groups reported the regime continued to influence the attorney general and public defenders to conduct investigations selectively and subjectively. No official data were available on investigations, prosecutions, or convictions in cases of alleged torture. The NGO Foro Penal maintained that hundreds of cases were not reported to government institutions because victims feared reprisal. The OHCHR found that in some cases doctors issued false or inaccurate medical reports not disclosing signs of torture.
Press and NGOs reported that beatings and humiliating treatment of suspects during arrests were common and involved various law enforcement agencies and the military controlled by the illegitimate Maduro regime. Torture and other cruel, inhuman, or degrading treatment or punishment of prisoners were also reported during the year. Regime-aligned authorities reportedly subjected detainees to asphyxiation, electric shock, broken bones, being hung by their limbs, and being forced to spend hours on their knees. Detainees were also subjected to cold temperatures, sensory deprivation, and sleep deprivation; remained handcuffed for extended periods of time; and received death threats to themselves and their relatives. Detainees reported regime-aligned security forces moved them from detention centers to houses and other clandestine locations where abuse took place. Cruel treatment frequently involved illegitimate regime authorities denying prisoners medical care and holding them for long periods in solitary confinement. The latter practice was most prevalent with political prisoners. NGOs detailed reports from detainees who were victims of sexual and gender-based violence by regime-aligned authorities. The FFM found that regime-aligned security forces, specifically the Bolivarian National Intelligence Service (SEBIN) and DGCIM, subjected detainees to torture and cruel, inhuman, and degrading treatment, and that high-level regime officials committed, ordered, or contributed to the abuses or were aware of their activities and failed to prevent or stop them.
Foro Penal reported multiple instances of political prisoners denied adequate medical treatment while in regime custody. Foro Penal noted instances in which regime authorities transferred detainees to a medical facility, where instead of receiving treatment, they were interrogated by security officials. PROVEA identified 574 cases of torture by regime-aligned security forces in 2019, resulting in the deaths of at least 23 individuals. NGOs reported that members of the military represented a growing number of victims of torture, such as retired naval captain Rafael Acosta Arevalo, who died of injuries sustained from torture while in regime custody in June 2019.
Political activist Vasco Da Costa, who had been detained in the Ramo Verde military prison despite being a civilian, was released in August 2019 after more than two years in regime custody. Da Costa described extended periods of torture at the hands of the DGCIM, including use of electric shocks, simulated drownings, and beatings to the feet and stomach to the point that he lost control of his bowels. According to Da Costa, prison guards systematically beat and mutilated detainees according to the detainees’ occupations, targeting the legs of soldiers, the hands of a surgeon who was arrested because he was the spouse of a soldier wanted by the regime, and in the case of Da Costa, his eyes due to his role as an academic.
Impunity was a significant problem in the security forces. Despite continued reports of police abuse and involvement in crime, particularly in the activities of illegally armed groups, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force, the illegitimate Maduro regime took no effective action to investigate officials who committed human rights abuses. Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. NGOs noted that many victims did not report violent crimes to police or other regime authorities due to fear of retribution or lack of confidence in police. The regime, backed by Cuban security force members embedded in Maduro’s security and intelligence services, refused to cede power, preventing the interim government from taking action.
Most prison conditions were harsh and life threatening due to gross overcrowding, food shortages, inadequate sanitary conditions and medical care, systemic violence, and poor infrastructure.
Physical Conditions: According to the NGO A Window to Liberty (UVL), prison capacity was approximately 19,000 inmates for penitentiaries and 5,000 for police station jails. Conditions were most acute in pretrial detention facilities such as police station jails. Overcrowding was 172 percent for penitentiaries and 415 percent for police station jails on average, although the NGO Venezuelan Observatory for Prisons (OVP) noted that in some jails the overcrowding ranged from 800 to 1,200 percent. Overcrowding and generally unsanitary conditions placed prisoners at increased risk of contracting respiratory diseases such as tuberculosis and COVID-19.
There were two women’s prisons, one each in the states of Miranda and Zulia. The law stipulates women in mixed prisons must be held in annexes or separate women’s blocks. A local NGO reported that male and female prisoners intermingled. Illegitimate Maduro regime security forces and law enforcement authorities often held minors together with adults, although separate facilities existed. Because institutions were filled beyond capacity, hundreds of children accused of infractions were confined in juvenile detention centers, where they were reportedly crowded into small, unsanitary cells.
The CICPC detention facility, police station jails, and detention centers also were overcrowded, causing many police station offices to be converted into makeshift prison cells. Long delays in court proceedings and prison transfers created a parallel system that held prisoners in police station jails, in some cases for years, although these facilities were designed to hold individuals only for 48 hours. Prisoners reportedly took turns sleeping on floors and in office chairs, and sanitation facilities were inadequate or nonexistent. A UVL study of 248 facilities holding pretrial detainees revealed 315 percent overcrowding. The UVL also found that 5 percent of facilities provided medical services, more than 90 percent did not have potable water, 50 percent did not have regular trash collection or proper restrooms, and 35 percent lacked electricity.
The National Guard (GNB) and the Ministry of Interior, Justice, and Peace have responsibility for prisons’ exterior and interior security, respectively. The illegitimate Maduro regime failed to provide adequate prison security. The OVP estimated a staffing gap of 90 percent for prison security personnel, with one guard for every 100 inmates, instead of one for every 10 as recommended by international standards. Armed gangs, known as pranes, exercised de facto control within some prisons.
According to the UVL and OVP, between March and August, 287 prisoners died in prisons and jails, more than double the number compared with the same period in 2018. Some deaths resulted from prison and detention center riots. For example, on May 1, GNB officers opened fire on prisoners during a riot at the Los Llanos penitentiary in Portuguesa State, leaving 47 prisoners killed and 67 injured. Illegitimate regime Minister of Prisons Iris Varela claimed the riot began as an attempted prison escape, an account disputed by inmates and their family members, who stated the prisoners were protesting malnutrition. Media reported the prison, which was designed for 750 prisoners, held at least 2,500 inmates. AN members called the violence a massacre, and human rights NGOs and the OHCHR called for an investigation. The illegitimate Maduro regime charged 10 persons for their involvement in the violence.
The OVP reported inmate deaths due to generally unsanitary and unsafe conditions prevalent in prisons, with 73 percent the result of tuberculosis and malnutrition. The OVP reported that due to inadequate nutrition and lack of potable water, stomach illnesses were common among inmates. The UVL reported that in more than 90 percent of detention facilities, prisoners depended upon family visits to supply them with food, water, and medicine. Media reported prison guards regularly stole food families purchased for inmates. Prisoners were unable to meet their basic needs when illegitimate Maduro regime authorities suspended family visits to prisons and detention centers on April 2 due to the COVID-19 pandemic. A study by the NGO Solidarity Action found prison rules resulted in the isolation of those with HIV/AIDS in “inadequate spaces without food and medical attention.” The OVP reported a generalized lack of medical care, drugs, equipment, and physicians for prisoners. Inmates often received the same pills regardless of their symptoms, and pregnant women lacked adequate facilities for medical attention.
Administration: The illegitimate regime’s Ministry of Penitentiary Services did not respond to requests from the OVP, UVL, other human rights organizations, inmates, or families regarding inmates or investigations of the harsh conditions that led to hunger strikes, violent uprisings, and massacres.
Prisoners and detainees generally had access to visitors, including some with overnight privileges, until authorities suspended family visits in April due to the COVID-19 pandemic. In some cases prison officials harassed or abused visitors. For political prisoners, prison officials imposed significant restrictions on visits by family and legal representation. When allowed access, visitors were at times subjected to strip searches.
Independent Monitoring: Human rights observers experienced lengthy delays and restrictions in gaining access to prisons and detention centers. More than 300 lay members from the Venezuelan Episcopal Conference of the Roman Catholic Church volunteered in 40 prisons. Although prohibited from formally entering prisons, Catholic laity visited prisoners on family visitation days. As of September the OHCHR had conducted 15 visits of 13 detention centers.
The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but judges and prosecutors often disregarded these provisions. The law provides for the right of persons to challenge the lawfulness of their arrest or detention in court, but the illegitimate Maduro regime generally did not observe this requirement. While NGOs such as Foro Penal, the Committee for the Families of Victims of February-March 1989, the Institute for Press and Society, Espacio Publico, and PROVEA noted at least 2,000 open cases of arbitrary detentions, illegitimate Maduro regime authorities rarely granted them formal means to present their petitions. Regime authorities arbitrarily detained individuals, including foreign citizens, for extended periods without criminal charges.
While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is apprehended in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals and raided their homes without a warrant. The OHCHR found that in several cases the illegitimate Maduro regime issued warrants retroactively or forged the warrant’s date of issuance. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires that detainees be informed promptly of the charges against them. The regime routinely ignored these requirements.
Although the law provides for bail, release on bail is not afforded to persons charged with certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings. The regime routinely ignored these requirements.
Arbitrary Arrest: Foro Penal reported 281 cases of arbitrary detention between January 1 and July 31.
On May 9, illegitimate regime security forces arrested Junior Pantoja, a former city councilman and soup-kitchen manager, during a violent police confrontation with armed gangs in a Caracas neighborhood. Pantoja’s relatives and neighbors, as well as AN, called the arrest arbitrary and politically motivated due to his role as a community leader. Pantoja’s lawyer claimed security forces planted five bullets on Pantoja in order to arrest him for gang-related activity and arms trafficking. On June 24, he was released and on August 23, he died of a respiratory infection after his health deteriorated while in regime custody.
On October 4, the illegitimate Maduro regime, without providing explanation, prevented interim president Juan Guaido’s chief of staff, Roberto Marrero, from boarding a flight to Spain. Marrero had been released from regime custody on August 31, following his March 2019 arrest and months of arbitrary judicial delays. Media reported contradictory and conflicting evidence submitted by prosecutors–including allegations that rifles and a grenade were planted at Marrero’s residence on the day of his arrest. Marrero was charged with conspiracy, treason, and weapons smuggling. Many international entities, including the Lima Group and the EU, condemned Marrero’s 2019 arrest as politically motivated.
Pretrial Detention: Pretrial detention remained an egregious problem. According to the UVL, approximately 70 percent of the prison population was in pretrial detention. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges.
Despite constitutional protections that provide for timely trials, judges reportedly scheduled initial hearings months after the events that led to the detention. Proceedings were often deferred or suspended when an officer of the court, such as the prosecutor, public defender, or judge, failed to attend. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, but the judiciary lacked independence and generally judged in favor of the illegitimate regime at all levels. There were credible allegations of corruption and political influence throughout the judiciary. According to reports from the Inter-American Commission on Human Rights (IACHR), more than 75 percent of all judges had provisional appointments and were subject to removal at will by the Supreme Court (TSJ) Judicial Committee. Provisional and temporary judges, who legally have the same rights and authorities as permanent judges, allegedly were subjected to political influence to make proregime determinations. The OHCHR reported that lower courts received instructions from the TSJ on cases, especially those of a political nature, and observed that TSJ decisions related to the AN were inconsistent and raised concerns regarding politicization. Low salaries for judges at all levels increased the risk of corruption.
There was a general lack of transparency and stability in the assignments of district attorneys to cases and a lack of technical criteria for assigning district attorneys to criminal investigations. These deficiencies hindered the possibility of bringing offenders to justice and resulted in a 90 percent rate of impunity for common crimes and a higher percentage of impunity for cases of alleged human rights abuses.
The law provides for the right to a fair and public trial with oral proceedings for all individuals. By law defendants are considered innocent until proven guilty. The law requires that detainees be informed promptly of the charges against them, but the requirement was often ignored and, even when respected, involved dubious allegations, according to human rights organizations. Defendants have the right to consult with an attorney. According to the Office of the Human Rights Ombudsman, there were approximately 1,300 public defenders, but indigent defendants’ right to free counsel was often not respected because of attorney shortages. Free interpretation was often not available to defendants. Some NGOs provided pro bono counsel to defendants.
Defendants may request no fewer than 30 days and no more than 45 days to prepare their defense. Defendants have the right to question adverse witnesses and present their own witnesses. By law defendants may not be compelled to testify or confess guilt. Defendants and plaintiffs have the right of appeal. The OHCHR documented cases in which the illegitimate Maduro regime prevented lawyers from meeting with defendants and denied them confidentiality or access to case files.
Trial delays were common. Trials in absentia are permitted in certain circumstances, although opponents of the procedure claimed the constitution prohibits such trials. The law also states that, in the absence of the defense attorney, a trial may proceed with a public defender whom the court designates. The law gives judges the discretion to hold trials behind closed doors if a public trial could “disturb the normal development of the trial.”
On November 8, the TSJ convicted judge Maria Lourdes Afiuni of “spiritual corruption,” an offense that does not exist under criminal law, and sentenced her to five years’ imprisonment. Human rights NGOs and lawyers called the charges fabricated and an attempt to coerce other judges to take action against opposition politicians. In 2009 authorities arrested Afiuni on charges of corruption and abuse of authority for her decision to release a businessman who had been held in pretrial detention beyond the maximum time prescribed by law. Following her release to house arrest in 2011, regime-aligned authorities limited her movements and ability to speak to the press before granting her an unconditional release in July 2019.
The law mandates that municipal courts handle “less serious” crimes, i.e., those carrying maximum penalties of imprisonment of fewer than eight years. Municipal courts may levy penalties that include three to eight months of community service. Besides diverting some “less serious” crimes to the municipal courts, this diversion also permits individuals accused of “lesser crimes” to ask the courts to suspend their trials conditionally in exchange for their admission of responsibility, commitment to provide restitution “in a material or symbolic form,” community service, or any other condition imposed by the court.
The law provides that trials for military personnel charged with human rights abuses after 1999 be held in civilian rather than military courts. In addition, under the Organic Code of Military Justice, an individual may be tried in the military justice system for “insulting, offending, or disparaging the national armed forces or any related entities.” NGOs and the IACHR expressed concern with the regime’s practice of trying civilians under the military justice system for protests and other actions not under military jurisdiction. According to Foro Penal, since 2014 military courts had processed 870 civilians.
The illegitimate Maduro regime used the judiciary to intimidate and prosecute individuals critical of regime policies or actions. Foro Penal reported 351 political prisoners in regime custody as of December 28, compared with 388 political prisoners at the end of 2019. The regime routinely held political prisoners in SEBIN installations or the Ramo Verde military prison without an explanation of why they were not being held in civilian detention facilities.
On August 31, the illegitimate Maduro regime announced the “pardon” of 110 political prisoners. These pardons were conditional, with regime officials threatening to rescind the benefit if any individuals “return to any act of terrorism, violence, or coup mongering,” as arbitrarily determined by the regime. According to Foro Penal, however, only 50 of those named were in regime custody at the time. Of the prisoners, 23 had already been released, and the remaining 37 were AN deputies either in exile, in foreign embassy asylum in Caracas, or facing prosecution. Media and NGOs noted that since most on the list were not duly convicted or even charged with any crime, the move was a dismissal rather than a pardon. The list did not include any members of the military, although they represented 20 percent of political prisoners, according to Foro Penal. On September 7, regime attorney general Tarek William Saab encouraged the released detainees to participate in the December 6 parliamentary elections, but he warned they would be rearrested if found to have committed additional “crimes.”
On March 15, SEBIN officers arrested AN deputy Tony Geara. Geara was charged with financing terrorism and weapons trafficking after he posted comments on social media noting that a local hospital did not have running water. Media reported in August that Geara tested positive for COVID-19 while in SEBIN custody in Bolivar State. On August 31, Geara was released.
On August 28, AN deputy Juan Requesens was released to house arrest after being detained for more than two years for his alleged involvement in an attempted assassination of Maduro. International observers criticized irregularities in Requesens’ trial, which was marred by lengthy judicial delays as well as a lack of transparency and legal due process.
On October 14, opposition party leader Leopoldo Lopez fled to Spain after more than one year inside the Spanish embassy in Caracas. He previously escaped house arrest during mass demonstrations in April 2019, and in May 2019 the illegitimate Maduro regime issued a warrant for his arrest. Lopez was notably not included in the August 31 “pardon” of political prisoners.
In 2017 the head of state-owned oil company PDVSA summoned six executives of U.S.-based subsidiary CITGO to Venezuela for an emergency budget meeting: U.S. citizens Tomeu Vadell, Gustavo Cardenas, Jorge Toledo, Alirio Jose Zambrano, and Jose Luis Zambrano and U.S. Legal Permanent Resident Jose Angel Pereira (collectively known as the CITGO-6). Upon their arrival in Caracas, they were detained by masked security agents; charged with embezzlement, money laundering, and criminal association for an alleged deal they signed to restructure CITGO bonds; and confined in one of the country’s most dangerous prisons. After their initial appearance before a judge was cancelled dozens of times during three years, the trial of the six began in August. On November 21, they were convicted and sentenced as soon as closing arguments concluded to terms of eight to 13 years in prison. Their cases were marred by a lack of legal due process and based on politically motivated charges. The illegitimate regime denied media and human rights groups access to the trial.
There were credible reports that the illegitimate Maduro regime attempted to misuse international law enforcement tools for politically motivated purposes as a reprisal against specific individuals located outside the country. On October 22, the TSJ issued an extradition request for Ivan Simonovis, former political prisoner and sitting interim government commissioner for security. The regime charged Simonovis with the attempted murder of Maduro, treason, terrorism, and weapons trafficking. Simonovis escaped from house arrest in May 2019 and fled the country.
While there are separate civil courts that permit citizens to file lawsuits seeking damages, there are no procedures for individuals or organizations to seek civil remedies for human rights abuses.
The constitution provides for the inviolability of the home and personal privacy, but the illegitimate regime generally failed to respect these prohibitions. In many cases, particularly regarding the political opposition, regime-aligned authorities searched homes without judicial or other appropriate authorization, seized property without due process, or interfered in personal communications. FAES and other security forces regularly conducted both politically motivated and indiscriminate household raids. Throughout the year media reports documented raids by security forces on the homes of opposition party politicians and their relatives.
State surveillance remained rampant, including through the assistance of telecom regulator the National Telecommunications Commission (CONATEL) and state-run telecommunications provider CANTV. In February 2019 the interim government created a website for volunteers to participate in the delivery of international humanitarian aid. CANTV manipulated the Domain Name System to redirect visitors to a fake website registered to CONATEL that was designed to phish visitors’ personal information. Further, telecommunications companies reportedly assisted the government in monitoring communications of political opponents. Technical attacks against media outlets appeared to be linked to the armed forces.
China, through its telecommunications corporation ZTE (Zhongxing Telecommunication Equipment Corporation), provided the government with the technology to monitor citizens’ social, political, and economic behavior through an identity card called carnet de la patria (homeland card). To force citizens to comply, the Maduro regime made it obligatory to present the card to obtain social services, including pensions, medicine, food baskets, and subsidized fuel. Citizens essentially had no choice but to obtain and use the card despite the known tracking methods. Chinese companies such as Huawei and the China National Electronics Import-Export Company were also supporting financially and technologically these surveillance methods.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The law provides for freedom of expression, including for the press, but the combination of laws and regulations governing libel, slander, and media content as well as legal harassment, physical intimidation of individuals and media, and executive influence on the judiciary resulted in significant repression of these freedoms. National and international groups, such as the IACHR, Human Rights Watch, Freedom House, Inter American Press Association, Reporters without Borders, and Committee to Protect Journalists, condemned illegitimate Maduro regime efforts throughout the year to restrict press freedom and create a climate of fear and self-censorship.
Freedom of Speech: The law makes conviction of insulting the president punishable by six to 30 months in prison without bail, with lesser penalties for insulting lower-ranking officials. In 2017 the illegitimate Constituent National Assembly (ANC) gave final approval to the Constitutional Law against Hate, for Political Coexistence and Tolerance, which stipulates prison sentences of up to 20 years. While the regime stated the purpose of the law was to “promote peace and tolerance,” NGOs observed the vaguely written law could be used to silence political parties, activists, and civil society leaders as well as media outlets and journalists. Conviction of exposing another person to public contempt or hatred is punishable by prison sentences of one to three years and fines. Espacio Publico reported 795 violations of freedom of expression, including 135 arrests, between January and August.
The illegitimate Maduro regime threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out regarding COVID-19 and the response to the pandemic. Espacio Publico documented at least 59 arrests by September for COVID-19 coverage.
On March 17, the DGCIM detained medical doctor Ruben Duarte for publishing a video deploring the lack of supplies and personal protective equipment (PPE) at the San Cristobal Central Hospital. In August the NGO United Doctors for Venezuela reported at least 12 health-care workers were arrested for demanding PPE. Doctors, nurses, and other health-care professionals, who feared for their own and others’ safety by working without PPE, reported they also faced regime repression for failing to appear for work.
Freedom of Press and Media, Including Online Media: The law provides that conviction of inaccurate reporting that disturbs the public peace is punishable by prison terms of two to five years. The requirement that media disseminate only “true” information was undefined and open to politically motivated interpretation.
The law prohibits all media from disseminating messages that incite or promote hate or intolerance for religious, political, gender-related, racial, or xenophobic reasons; incite, promote, or condone criminal acts; constitute war propaganda; foment anxiety in the population or affect public order; do not recognize legitimate government authorities; incite homicide; or incite or promote disobedience of the established legal order. Penalties range from fines to the revocation of licenses. The threat of nonrenewal of operating licenses systematically led to self-censorship on the part of several media outlets.
Despite such laws, Maduro and the regime-aligned United Socialist Party of Venezuela (PSUV) used the nearly 600 regime-owned or -controlled media outlets to insult and intimidate the political opposition throughout the year. ANC president Diosdado Cabello continued to use his weekly television program to denounce individual journalists and media outlets.
The law declares telecommunications a “public interest service,” thereby giving the government authority to regulate the content and structure of radio, television, and audiovisual production sectors. The law provides that the government may suspend or revoke licenses when it judges such actions necessary in the interests of the nation, public order, or security. The law empowers the government to impose heavy fines and cancel broadcasts for violations of its norms; CONATEL oversees the law’s application.
The illegitimate Maduro regime continued legal actions against high-profile independent media outlets Tal Cual, El Nacional, El Nuevo Pais, La Patilla, El Pitazo, and Globovision. Following the shuttering of DirecTV’s operations on May 19, the TSJ ordered the seizure of all property and equipment of DirecTV and banned DirecTV’s executives from leaving the country. On August 14, DirecTV resumed operations, although multiple regime-independent outlets reported challenges–including veiled threats, outright blocks, and fines–preventing them from broadcasting freely over DirecTV when service was re-established.
The illegitimate Maduro regime-owned and -influenced media provided almost continuous proregime programming. In addition private and public radio and television stations were required to transmit mandatory nationwide broadcasts throughout the year, including a daily 15-minute news broadcast that provided reports and summaries of regime activities. Media reported the GNB regularly barred journalists from covering AN debates and activities. The country’s online independent newspapers were frequently blocked by CANTV. NGOs noted that regime-owned internet service provider CANTV also routinely blocked commercial streaming and web searches during interim president Guaido’s speeches and during weekly AN sessions. On January 5, CANTV restricted access to social media on the same day as a leadership vote in the AN, while security forces blocked lawmakers and media from accessing the premises.
The illegitimate regime arbitrarily detained 28 journalists from January to July, according to the national journalists’ union.
Media and NGOs reported increased repression and intimidation of journalists following the emergence of COVID-19. Despite a specific exception permitting travel for members of the press during quarantine, the illegitimate Maduro regime limited the freedom of movement of journalists.
On March 21, FAES officers arrested freelance journalist Darvinson Rojas and his family for inciting hatred. Rojas’ reporting questioned figures published by the illegitimate Maduro regime regarding COVID-19 cases. On August 2, the illegitimate regime granted Rojas a conditional release. DGCIM officers arrested Nicmer Evans on July 13, also for inciting hatred. NGOs and journalists called the arrest a retaliation against Evans due to his role as the founder and director of news site Punto de Corte, which frequently published articles critical of the regime. On August 31, Evans was released.
The law requires practicing journalists to have journalism degrees and be members of the National College of Journalists, and it prescribes jail terms of three to six months for those practicing the profession illegally. These requirements are waived for foreigners and opinion columnists.
Violence and Harassment: Senior national and state leaders of the illegitimate Maduro regime continued to harass and intimidate privately owned and opposition-oriented television stations, media outlets, and journalists by using threats, property seizures, administrative and criminal investigations, and prosecutions. The national journalists’ union reported 260 attacks on journalists from January to August. On February 11, regime supporters and colectivos attacked at least 12 journalists covering the return of interim president Guaido from an international tour. Maduro and illegitimate regime-aligned officials used regime-controlled media outlets to accuse private media owners, directors, and reporters of fomenting antiregime destabilization campaigns and coup attempts. Regime officials also harassed foreign journalists working in the country.
Censorship or Content Restrictions: NGOs noted the illegitimate Maduro regime’s preference for using legal proceedings, financial sanctions, and administrative actions against unfavorable news outlets instead of shutting them down outright. Members of the independent media stated they regularly engaged in self-censorship due to fear of regime reprisals. This resulted in many journalists posting articles to their personal blogs and websites instead of publishing them in traditional media.
The regime also exercised control over content through licensing and broadcasting requirements. CONATEL acted selectively on applications from private radio and television broadcasters for renewal of their broadcast frequencies. According to Nelson Belfort, former president of the Venezuelan Radio Chamber, and NGO reports, approximately 80 percent of radio stations were in “illegal” status throughout the country due to CONATEL’s not having renewed licenses for most radio stations since 2007.
According to the local journalists’ union, print news outlets closed due to the illegitimate Maduro regime’s economic policies, which made it difficult for independent newspapers to access foreign currency, preventing many from purchasing critical supplies and equipment necessary for day-to-day business operations. In January, 16 print outlets suspended circulation, generally for lack of supplies, and at least 200 media outlets had been blocked, censored, or closed by May.
The illegitimate Maduro regime controlled a large portion of the country’s businesses and paid for advertising only with regime-owned or regime-friendly media.
A study by the NGO Institute for Press and Society (IPYS) found that more than five million citizens lived in “media deserts,” areas that had no access to print, television, radio, or digital media due to censorship, forced closures of television and radio stations, and reprisals against journalists. Access to information was most heavily restricted in border territories and indigenous communities.
Libel/Slander Laws: Regime-aligned officials engaged in reprisals against individuals who publicly expressed criticism of Maduro or regime policy. Maduro did not act on his 2017 announcement that he would use libel and slander laws to “defend his honor” in court against opposition leaders’ allegations that he was responsible for protest-related deaths. In October investigative journalist Clavel Rangel was forced to leave the country promptly after publishing an expose on corruption in Bolivar State. The subject of the report, a businessman with links to the regime, filed a defamation suit against Rangel, which would have prohibited her from discussing the case in media or leaving the country.
National Security: The law allows the government to suspend or revoke licenses when it determines such actions necessary in the interests of public order or security. The illegitimate Maduro regime exercised control over the press through a public entity, the Strategic Center for Security and Protection of the Homeland (CESPPA), established in 2013, which is similar to the governmental entity Center for National Situational Studies (CESNA) established in 2010. CESNA and CESPPA have similar mandates and are responsible for “compiling, processing, analyzing, and classifying” both regime-released and other public information with the objective of “protecting the interests and objectives of the state.”
During the year Maduro renewed three times the “state of alarm” issued on March 13, citing the COVID-19 pandemic, and granted himself the power to restrict rights otherwise provided for in the constitution. The 60-day emergency decree, which by law is renewable only once and requires AN endorsement to be effective, allows the president to block any action he deems could “undermine national security” or could “obstruct the continuity of the implementation of economic measures for the urgent reactivation of the national economy.” The regime also threatened, harassed, and arrested journalists, opposition politicians, and health-care workers for speaking out on COVID-19 and the response to the pandemic.
Nongovernmental Impact: Widespread violence in the country, often encouraged or left undeterred by the Maduro regime, made it difficult to determine whether attacks on journalists resulted from common criminal activity or whether criminals or others targeted media members.
The illegitimate Maduro regime restricted or disrupted access to the internet and censored online content. The illegitimate regime exercised broad control over the internet through the state-run CONATEL. The China National Electronics Import-Export Company provided the regime with cyber support, technical experts, and a suite of software and hardware that was a commercialized version of China’s “Great Firewall” to maintain online censorship, control information, and prevent the internal dissemination of content deemed undesirable by political leadership. Free Access, an NGO focused on freedom of expression and social justice, reported that CONATEL supported monitoring of private communications and repression of internet users who expressed dissenting opinions online. According to media reports, users of social networks accused CONATEL of monitoring their online activity and passing identifying information to regime intelligence agencies, such as SEBIN. According to Free Access, CONATEL provided information to SEBIN, including internet protocol addresses, which assisted illegitimate Maduro regime authorities in locating users.
The law puts the burden of filtering prohibited electronic messages on service providers, and it allows CONATEL to order service providers to block access to websites that violate these norms and sanctions service providers with fines for distributing prohibited messages. As of September the illegitimate Maduro regime blocked 40 websites and online platforms that contained information regarding COVID-19.
CONATEL’s director, Jorge Elieser Marquez Monsalve, reiterated the claims of his predecessors that CONATEL’s role is to enforce the law and prevent dissemination of illegal information or material unsuitable for children and adolescents. Nevertheless, the illegitimate Maduro regime continued to block internet sites that posted dollar- and euro-to-bolivar currency exchange rates differing from the illegitimate regime’s official rate, as well as cryptocurrency exchanges. The regime-controlled internet service provider CANTV facilitated blockages. According to IPYS and the VE Sin Filtro (VE without Filter) internet monitoring project sponsored by internet freedom watchdog Venezuela Inteligente, the regime blocked websites during events of public interest. Social media and video streaming sites such as Facebook, YouTube, and Periscope were blocked during the AN’s January 5 session and also during live speeches made by interim president Guaido throughout the year. In a September 15 televised address, Maduro denounced the news site Monitoreamos.com as an “enemy” and its journalists as “manipulators and bandits.” On September 16, internet service providers blocked access to the site.
Regime-aligned intelligence agencies, which lacked independent oversight, conducted surveillance for political purposes. Courts relied on evidence obtained from anonymous patriotas cooperantes (cooperating patriots) to harass perceived opponents of the illegitimate Maduro regime, and senior regime-aligned officials used personal information gathered by patriotas cooperantes to intimidate regime critics and human rights defenders. Users were arrested and criminally accused of actions such as tweeting information publicly available on webpages.
On August 28, internet providers blocked access to anticensorship tools to prevent health-care workers from accessing the Health Heroes financial assistance program announced by interim president Guaido, according to VE Sin Filtro. The group also found the financial platform used to distribute payments to health workers had been blocked and the illegitimate Maduro regime launched a phishing campaign that redirected users to a malicious site in order to capture their data.
There were no substantiated reports of illegitimate Maduro regime restrictions on cultural events, but the regime imposed restrictions on academic freedom. Aula Abierta (Open Classroom), a local human rights NGO focused on academic freedom, reported the regime retaliated against opposition-oriented autonomous universities by providing insufficient funding and failing to adjust budgetary allocations to inflation. According to media reports, universities ran deep deficits, receiving less than 10 percent of the funds they budgeted to cover operating costs. In 2017 the National University Council, the government’s regulating body for university education, relinquished its functions to the ANC, disregarding the law requiring university autonomy. According to Aula Abierta, there were 151 security incidents, including fires, thefts, threats, and violence directed towards university students, professors, and school property.
The illegitimate Maduro regime continued to increase its control over local universities, including the admissions process.
In August 2019 the TSJ ordered the Central University of Venezuela to hold university elections in six months. The ruling, which applied to eight other public and private universities as well, stipulated the elected candidate must win in at least three of the five electoral sectors (teachers, students, graduates, administrative staff, and laborers) and must receive an absolute majority of votes. Students and university leaders called the ruling an attack on university autonomy, in violation of the constitution, and stated it would lead to the installation of regime-aligned sympathizers heading universities. On February 27, the TSJ announced a suspension of the ruling. University professors clarified that the suspension only removed the deadline imposed by the TSJ but left in place the changes to electoral process and granted the Ministry of University Education the power to oversee the elections.
On May 8, the Academy of Physical, Mathematical, and Natural Sciences issued a report that accused the illegitimate Maduro regime of underreporting COVID-19 infections. On May 13, PSUV vice president Diosdado Cabello announced an investigation into the academy and invited regime-aligned security forces to summon the report’s authors. Domestic research institutions and international organizations condemned Cabello’s actions as unacceptable intimidation, and interim president Guaido denounced the attack on the independence and academic freedom of researchers.
The illegitimate regime continued its practice, announced in 2018, of educational financial incentives for holders of the carnet de la patria, a regime-issued identity and social benefits card provided primarily to regime supporters (see section 3, Political Parties and Political Participation). NGOs and university students denounced the use of the card as a discriminatory policy that politicized the issuance of scholarships and restricted academic freedom.
The illegitimate Maduro regime restricted freedoms of peaceful assembly and association.
The constitution provides for the right of peaceful assembly, but the illegitimate Maduro regime generally repressed or suspended it. The law regulates the right to assembly. Human rights groups continued to criticize the law as enabling the regime to charge protesters with serious crimes for participating in peaceful demonstrations. Ambiguous language in the law also allows the illegitimate regime to criminalize organizations critical of it. Protests and marches require authorization from the regime in advance and are forbidden within designated “security zones.” Citizens organized sporadic and often spontaneous small-scale protests throughout the year to demand basic goods and services such as water, gasoline, and electricity. The political opposition and civil society organized marches to support interim president Juan Guaido and demand a transitional government and new presidential elections. The Venezuelan Observatory of Social Conflict (OVCS) documented 4,414 protests in the first six months of the year, 221 of which were repressed by regime-aligned security forces and armed groups. The OVCS documented 129 detentions, 62 injured, and two deaths during protests. An OHCHR investigation found three cases of torture and a sexual assault of protesters committed on May 20 by regime security forces in Lara State. Media reported a group of armed colectivos attacked protesters and journalists gathered at a protest convened on February 29 by interim president Guaido in Lara State.
NGOs and opposition deputies expressed concern that the illegitimate Maduro regime used quarantine restrictions as a form of social control to criminalize protests and silence critics. On May 23, FAES officers arrested Giovanny Meza and four others during a protest in Sucre State to demand water and electricity. Meza, who suffered from multiple sclerosis, had a seizure during his hearing. When the judge ordered a medical examination, doctors found that Meza showed signs of torture, including five broken ribs. Meza was charged with instigation to commit a crime, obstruction of public roads, possession of incendiary objects, and criminal association.
The constitution provides for freedom of association and freedom from political discrimination, but the illegitimate Maduro regime did not respect these rights. Although professional and academic associations generally operated without interference, a number of associations complained that the TSJ and the National Electoral Council (CNE), which is responsible for convoking all elections and establishing electoral dates and procedures, repeatedly interfered with their attempts to hold internal elections.
A 2016 presidential decree directed the Foreign Ministry to suspend international funding to NGOs when “it is presumed” the funding was used with “political purposes or for destabilization.”
See the Department of State’s International Religious Freedom Report at https://www.state.gov/international-religious-freedom-reports/.
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation; however, the illegitimate Maduro regime did not respect these rights.
In-country Movement: The illegitimate regime restricted the movement of certain opposition leaders, preventing them from traveling on regime-controlled airlines and refusing to allow them to board some domestic flights.
The “state of alarm” declared by Maduro in March to limit the spread of COVID-19 restricted freedom of movement and suspended social and business activities. The decree authorized regime-aligned security forces broad latitude and discretion to enforce the decree and conduct investigations. Media reported the illegitimate regime employed the armed forces, FAES, and armed colectivos to enforce quarantine measures. PROVEA documented an excessive use of force in implementing the lockdown, including arbitrary detentions, beatings, torture, and humiliating treatment for allegedly failing to comply with quarantine measures.
On March 17, the illegitimate regime suspended all international travel, although it authorized a number of humanitarian and repatriation flights. On March 16, restrictions were put in place to prevent travel among different states and cities. Many countries experienced severe difficulties in repatriating their citizens due to these restrictions.
Throughout the year high-level regime officials stigmatized returning citizens, blaming them for rising COVID-19 cases and calling them “bioterrorists” and “biological weapons.” On July 15, Maduro called on all citizens to report and apprehend returnees who crossed into the country through unofficial border crossings.
The illegitimate Maduro regime required returnees to spend a mandatory two-week quarantine period at shelters run by the armed forces at the border. Humanitarian organizations and interim government officials reported overcrowding and unsanitary conditions in quarantine shelters that increased the likelihood of COVID-19 transmission. Returnees held in these facilities suffered from insufficient food, water, electricity, and hygiene items, as well as physical insecurity that put vulnerable groups, particularly women and children, at risk of sexual violence and abuse. A COVID-19 diagnostic test was required for release from the quarantine shelters, but in view of the regime’s limited testing capacity, several returnees were held for as long as one month. Media reported returnees were kept from returning to their regions of origin and threatened by armed groups controlling the shelters not to report the poor conditions.
Media reported regime authorities blocked citizens from returning to the country. On June 6, the illegitimate Maduro regime adopted measures to limit the number of citizens returning to the country through the border with Colombia. Migrants were only allowed to return on three specific days a week, and regime authorities set a limit of 1,200-1,300 returnees weekly through Arauca, Cucuta, and Paraguachon. As of September more than 40,000 citizens waited to cross the border into the country through Cucuta, according to the Organization of American States (OAS) commissioner-general for the Venezuela refugee crisis David Smolansky. NGOs reported citizens unable to return to their country faced uncertain legal and financial statuses and were at high risk of victimization for crime, trafficking, and gender-based violence by criminal armed groups.
Following the illegitimate Maduro regime’s closure of official ports of entry, Venezuelans traveling into and out of the country had no choice but to use informal border crossings (trochas) that largely were controlled by illegal armed groups. While no official statistics were available, activists and NGOs reported citizens utilizing the trochas faced significant risks, such as gender-based violence and human trafficking, including forced labor and sexual servitude at the hands of criminal groups. Smugglers and human traffickers also sent refugees and migrants on dangerous sea journeys. In December at least 21 individuals attempting to flee the country and reach Trinidad and Tobago died when their boat capsized. Individuals were often subjected to debt bondage or forced to pay a form of taxation at the informal border crossing to illegal armed groups, increasing the vulnerability of migrants to labor exploitation, harassment, and sexual violence. Many were vulnerable to recruitment, sometimes forced, into drug trafficking rings or illegal and other armed groups.
See the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Foreign Travel: Obtaining a passport became increasingly difficult during the year. Prospective applicants waited overnight in lines and often did not receive passports after years of delays. Several applicants reportedly paid several thousand U.S. dollars to obtain a passport. The illegitimate regime repeatedly seized passports from journalists, members of the opposition, and AN deputies at ports of entry without explanation as they attempted to depart the country.
The illegitimate regime did not cooperate with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: With the refugee status determination process centralized at the National Refugee Commission (CONARE) headquarters in Caracas, asylum seekers often waited years to obtain a final decision. During this period they had to continue renewing their documentation every three months to stay in the country and avoid arrest and deportation. While traveling to the commission’s headquarters, particularly vulnerable groups, including women with young children, the elderly, and persons with disabilities, faced increased personal risks such as arrest and deportation, extortion, exploitation, and sexual abuse by regime authorities at checkpoints and other locations.
Access to Asylum: The law provides for the granting of asylum or refugee status, and there is an established system for providing protection to refugees.
Access to Basic Services: Asylum seekers without legal residency permits had limited access to the job market, education, and health systems. The lack of documentation created significant difficulties in achieving sufficient protection and long-term integration. Illegitimate regime authorities permitted Colombian children to attend school but inconsistently granted them diplomas or certificates of completion without residency documentation, resulting in high dropout rates for Colombian children. In 2019 CONARE announced the creation of a border migration control card for refugees present in the country, similar to the carnet de la patria.
Section 3. Freedom to Participate in the Political Process
The 1999 constitution, the country’s 26th since independence in 1811, provides citizens the ability to change their government through free and fair elections, but regime interference, electoral irregularities, unconstitutional appointments of electors, and harassment and manipulation of voters and candidates restricted the exercise of this right in the 2018 presidential and municipal elections as well as the 2020 legislative elections.
Elections and Political Participation
Recent Elections: Nicolas Maduro’s illegitimate second term as president began on January 10, 2019, following flawed presidential elections in 2018 condemned by the political opposition and international observers as fraudulent and constitutionally invalid. On January 23, 2019, AN president Juan Guaido invoked Article 233 of the constitution, which calls on the AN president to assume the role of interim president in the event of presidential vacancy. In December 2019 media and AN deputies reported a campaign by the illegitimate Maduro regime to intimidate and bribe opposition lawmakers to break the opposition’s majority in the AN. On January 5, the GNB forcibly barred interim president Guaido and opposition deputies from entering the Federal Legislative Palace to elect the AN leadership for 2020. PSUV deputies and a small group of independent deputies aligned with the regime proclaimed Luis Parra, a deputy tainted by corruption allegations, head of the AN despite the lack of a quorum. Opposition deputies proceeded to meet at the headquarters of newspaper El Nacional, where they elected Guaido AN president with 100 votes in favor and zero against, a clear majority of the 167-member legislature. On May 26, the TSJ issued a ruling declaring Parra the president of the AN and Guaido “in contempt.”
On June 12, the TSJ unilaterally announced the appointment of a new CNE. Opposition deputies denounced the move, noting it was AN’s constitutional role to manage the selection process and election of the five-member CNE through a two-thirds majority vote in the AN. The CNE announced two changes to electoral law on June 30: increasing the number of AN deputies from 167 to 277, in violation of article 186 of the constitution; and increasing the number of deputies elected by political parties, rather than directly by voters, to more than half of all seats, which violates the 2009 Organic Electoral Law.
On December 6, the illegitimate regime conducted fraudulent legislative elections that did not meet any minimum standard of credibility. The regime usurped the TSJ’s legislative powers and illegally appointed members to the CNE; hijacked political parties through the theft of their brand name, assets, and ballot logos, including those from the left that challenged the regime’s control of Chavez’s political legacy; prohibited many political opponents of the regime from running for office and stripped them of their political rights; kidnapped, exiled, and tortured opposition politicians; suppressed indigenous political representation; and arbitrarily increased the number of seats in the AN from 167 to 277. As a result, electoral and constitutional experts, most independent political parties, and civil society organizations rejected the process.
The interim government utilized a provision in the constitution to hold a public referendum, the Consulta Popular, on December 7-12. The Consulta Popular’s questions focused on rejecting the illegitimate regime’s December 6 farce and restoring democracy through free and fair presidential and legislative elections. Participation was open to both citizens in the country and abroad, who could vote via a secure online platform. In-person voting was also available within the country.
Political Parties and Political Participation: Opposition political parties and PSUV dissidents operated in an increasingly restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and very limited mainstream media access.
The illegitimate Maduro regime regularly targeted AN deputies and other opposition politicians and their relatives through violence or threats of violence, arbitrary arrest, politically motivated prosecution, violation of privacy, and restrictions on movement. Interim president Guaido returned to Caracas from an international trip on February 11, in defiance of a travel ban on him imposed by the illegitimate Maduro regime. As he made his way through the airport, Guaido and his entourage were harassed by regime supporters. Regime security forces and colectivos detained, assaulted, and seized the vehicles of AN deputies and journalists attempting to make their way to the airport for Guaido’s arrival. The DGCIM detained Juan Jose Marquez, Guaido’s uncle and an airline pilot who accompanied Guaido on his return flight, charging him with attempted smuggling of explosives, bulletproof vests, and subversive material into the country. AN and international organizations rejected the accusation, calling Marquez’ arbitrary arrest an attempt to intimidate Guaido. Marquez was released to house arrest on June 2.
Between March 26 and April 2, security forces aligned with the illegitimate Maduro regime arbitrarily arrested four Guaido staffers and the girlfriend of a fifth staffer, whom they beat, stripped naked, and threatened with sexual abuse.
On April 30, Maduro announced operations “Tun-Tun” and “Bolivarian Fury” to arrest those involved in an alleged plot to overthrow Maduro. Illegitimate regime-sponsored colectivos responded to the call by harassing and intimidating AN deputies, journalists, and their family members by sending threatening text messages and spray-painting their homes.
The illegitimate Maduro regime used its control over the TSJ to coopt or dismantle political parties not aligned with the regime. On May 25, regime attorney general Tarek William Saab requested that the TSJ declare opposition party Popular Will, Guaido’s former party, a “criminal organization for terrorist purposes.” During the year the TSJ unilaterally replaced the leadership of 11 political parties, including three of the largest opposition parties and four leftist parties that broke with the regime.
Throughout the year GNB forces denied or limited access by AN members to the federal legislative palace during regularly scheduled parliamentary sessions. By June the regime-controlled TSJ had removed the parliamentary immunity of 29 deputies, without following constitutional requirements or due process, prompting many to go into hiding or exile to avoid arbitrary arrest.
During the year the illegitimate Maduro regime expanded the carnet de la patria program, introduced in 2017 as a multipurpose identification card required to access regime-funded social services. To qualify for the card, applicants must provide proof of political affiliation and respond to questions regarding the social service benefits they receive. The card amounted to social control, a tool to leverage access to scarce subsidized consumer products in return for political loyalty. For example, media reported the regime used the card to prioritize testing and distribute medical and financial assistance during the COVID-19 pandemic.
Participation of Women and Members of Minority Groups: No law limits participation of women or members of minority groups in the political process, and they did participate.