Analytical report on persecutions for the “discreditation” of the Russian army in occupied Crimea
Anti-government statements, public condemnation of Russia’s aggression against Ukraine, Ukrainian national colors or symbols, participation in anti-war protests, donations for humanitarian aim, supporting the Armed Forces of Ukraine, or even listening to Ukrainian music – the Russian Federation regards all of these as manifestations of “disloyalty” to the occupation authorities. Crimeans are severely punished for any expression of defiance.
After the beginning of the full-scale invasion, the Russian authorities found a new way to suppress dissent. In March 2022, they introduced articles into their legislation penalizing the “discreditation” of the Armed Forces of the Russian Federation and the dissemination of “fakes” about them. After extending the application of its legislation to the occupied territories following the annexation of Crimea, Russia began using provisions on “discrediting” the army to persecute dissent.
Authorities controlled by the Russian Federation interpret the concept of “discreditation” broadly. It encompasses any views that do not align with the official position of the Russian government. Penalties for “violating” these articles range from administrative fines to imprisonment for up to 15 years. At the same time, Crimeans are effectively stripped of real mechanisms to protect themselves against the arbitrariness of the occupation authorities due to the complete subordination of local courts and law enforcement agencies to the state vertical of the Russian Federation.
By introducing such legal provisions, the Russian Federation has created yet another powerful instrument for implementing a repressive policy aimed at eradicating the “disloyal” population of Crimea and Sevastopol and suppressing the expression of personal views.
In the analytical report “Loyalty Under Duress”, lawyers and experts from the Regional Center for Human Rights examined more than 1,500 judicial decisions issued by occupation institutions, under which residents of the peninsula were fined or sentenced to lengthy prison terms.
The report outlines the international standards regarding the right to freedom of expression and the right to a fair trial that have been violated by Russia. It analyzes the regulatory framework, the evolution of the institution of liability, systemic procedural violations, and the specific nature of case proceedings in the occupation courts.
“The articles on discreditation have turned into a tool for establishing a ‘territory of lawlessness,’ where the principles of the rule of law and fair trial are replaced by repressive norms, and the courts serve as an element of the punitive apparatus. Such a policy grossly violates not only international human rights standards but also the norms of international humanitarian law,” the authors of the report note in their conclusion.
The lawyers paid particular attention to the purpose of introducing these articles, and also identified the role of specific state institutions and high-ranking officials of the Russian Federation in implementing this repressive policy. The team also prepared some recommendations for the state authorities of Ukraine and the international community.
The data compiled in this analytical report can serve as a vital component of the evidentiary base for future efforts to hold perpetrators accountable and restore the rights of the victims.