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CM(2002)144-rev (confidential) 27 November 2002

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820 Meeting, 4 December 2002
10 Legal questions

10.2  1998 Russian Federal Law on the Suppression of Terrorism -
Final Activity Report established in the framework of the Co-operation Programme to strengthen the Rule of Law

Directorate General of Legal Affairs

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Summary prepared by the Secretariat[1]

In a reply to Assembly Recommendations 1498 (2001) and 1499 (2001), the Committee of Ministers (CM/Del/Dec(2001)756/2.3) asked the Secretary General to assign to a team of CoE legal experts the task of examining jointly with a team of Russian experts the conformity of the “1998 Russian Federal Law on the Suppression of Terrorism” with Council of Europe standards. The report CM (2002) 144 (confidential) reflects the result of the experts’ exercise. It emphasises the need for the Russian law to clarify certain aspects, e.g. (a) in respect of the powers, the limits and the responsibilities of persons who conduct counter-terrorist actions and (b) as regards interaction with the Code of Criminal Procedure. The report also contains comments on specific provisions of the law as well as recommendations on how such provisions might be amended.

Contents

Page

1.         Introduction............................................................................................................................ 1

1.1.      Terms of reference................................................................................................................... 1

1.2.      Membership............................................................................................................................. 1

1.2.1.    Members appointed by the Council of Europe........................................................................... 1

1.2.2.    Members appointed by the Russian Federation.......................................................................... 1

1.2.3.      Secretary of the Group...................................................................................................................................................... 1

1.2.4.    Meetings.................................................................................................................................. 1

1.2.5.    Decisions................................................................................................................................. 1

2.            General remarks............................................................................................................................................................... 4

3.         Comments and recommendations on specific provisions....................................................... 7

3.1.      With reference to Article 2 (Basic principles of the fight against terrorism)................................... 7

3.2       Article 3................................................................................................................................... 7

3.3.      With reference to Article 6......................................................................................................... 7

3.4.      With reference to Articles 6 and 7 (Institutions conducting the fight against terrorism;

Responsibilities of the institutions engaged in the fight against terrorism)................................... 7

3.5.      With reference to Article 9 (Assistance to the agencies engaged in the fight against terrorism)...... 8

3.6       With reference to the last sentence of Article 12 (No interference shall be permitted

in the operational leadership of the counter-terrorist operation from any other persons,

irrespective of their current office)............................................................................................. 8

3.7       Article 13.1.1 (Legal arrangements in the area of a counter-terrorist operation).............................. 8

3.8.      Article 13.1.2............................................................................................................................ 9

3.9       Article 13.1.3............................................................................................................................ 9

3.10      As regards Article 13.1.4........................................................................................................... 9

3.11      Article 13.1.6............................................................................................................................ 9

3.12.     Concerning Article 13.2............................................................................................................. 9

3.13.     With reference to Article 15 (Informing the public about terrorist acts)............................................ 9

3.14.     Concerning Article 21................................................................................................................ 10

3.15.     Concerning Article 24................................................................................................................ 10

3.16      With reference to Article 27 (Supervision of the lawfulness of the implementation

of the fight against terrorism)..................................................................................................... 10

Annexe                                                                                                                                                 11

1.         Introduction

1.1.       Terms of reference

The group of experts was given as a task to examine the 1998 Russian Federal Law on the Suppression of Terrorism, in the light inter alia of:

-           The Decisions taken by the Committee of Ministers at the 756^th meeting of the Deputies (item 2.3);

-           Recommendation  1498 (2001) of the Parliamentary Assembly;

-           Parliamentary Assembly’s documents 8929 and 8948;

-           Council of Europe standards;

-           the decision of the Constitutional Court of Russia on the Law on Terrorism;

-           the Russian Federal Law on Defence;

-           the Russian legal system and practice.

It was further invited to produce an opinion on the 1998 Federal Law on the Suppression of Terrorism and, if appropriate, recommendations.

1.2.       Membership

1.2.1.    Members appointed by the Council of Europe:

- Mr Eamonn Barnes, former Director of Public Prosecutions (Ireland) [1,2] [2]

- Mrs Mariavaleria Del Tufo, Professor of Penal Law, (Italy) [1,2,3]

- Mr Hartmuth Horstkotte, former judge, Professor, (Germany) [1,2,3]

- Mr Antonio Vercher Noguera, Procureur Chef du Ministère Public, (Spain) [1,2,3]

1.2.2.    Members appointed by the Russian Federation :

- Mr P. B. Livadny, Moscow [2]

- Mr Valentin Mikhailov, Office of the President, Moscow [2,3]

- Mr Ilya Rogachev, Deputy Director, Directorate of New Challenges and Threats, Ministry of Foreign Affairs, Moscow [1,2,3]

- Mr Yevgeny Sadkov, Ministry of the Interior, Moscow [3]

- Mr K. D. Shevchenko, Ministry of the Interior, Moscow [2]

- Mr Andrei Spirin, Head of Section, Legal and Treaty Directorate, Federal Security Service of Russia, Moscow [1,2,3]

- Mr Vladimir Vodolazkiy, Senior Prosecutor, Directorate on Supervision over the Application of Federal Security Legislation, Prokuratura General, Moscow [1,2]

- Mrs Alexandra Zemskova, Head of the Legislation Directorate, Ministry of the Interior, Moscow [1,2]

1.2.3.    Secretary of the Group:

- Mr Cândido Cunha, Head of the Division of Criminal Law and Justice, Department of Crime Problems, Directorate General of Legal Affairs [1,2,3]

1.2.4.    Meetings

The Group held three meetings, as follows:

- 1^st meeting: Strasbourg, 12-14 November 2001, chaired by Mr Barnes;

- 2^nd meeting: Moscow, 4-5 April 2002, chaired by Mr Rogachev;

- 3^rd meeting: Strasbourg, 23-24 July 2002, chaired by Mr Rogachev.

1.2.5.    Decisions

The Group unanimously adopted the report that follows on the understanding that it is to be submitted to the Committee of Ministers as soon as possible.

2.         General remarks

2.1.       The comments that follow relate to the text of the 1998 Russian Federal Law on the Suppression of Terrorism (hereinafter “the Law”), as published in the Rossijskaya Gazeta of 4 August 1998, and, for those who do not understand the Russian language, in the unofficial English translation which was made available by the Secretariat of the Council of Europe on 27 November 2001  - DG 1 / DOC (2001) 05 - (“translation C”), appended hereafter.

2.2.       The Parliamentary Assembly of the Council of Europe by its Recommendation 1498 (2001) (Conflict in the Chechen Republic – recent developments) called on the Committee of Ministers to nominate a team of legal experts to examine the conformity of the 1998 Russian Federal Law on Suppression of Terrorism[3] with the European Convention on Human Rights and to move concrete recommendation to amend it.  The Group, formed by four Russian Experts and four Experts from other Member States of the Council of Europe, started its work in 2001.

The Assembly took its decision after a long monitoring of the crisis in the Chechen Republic and based on a report by its Committee on Legal Affairs and Human Rights that criticised the lack of accountability for crimes committed by federal servicemen and the personnel of law-enforcement agencies against civilians, and the resulting impunity. That, in turn, encourages further human rights violations by the Russian federal forces operating in the Chechen Republic and leads to unnecessary and unacceptable suffering among the civilian population (§ 18). According to the above-mentioned report of the Committee, the Russian prosecutor’s office has not undertaken systematic, credible and exhaustive criminal prosecutions of those members of the federal forces implicated in war crimes (such as mass killings), but also in other human rights violations (ranging from extortion over ill-treatment to rape, looting and murder) (§16).

Considering that the action of federal servicemen in the Chechen Republic is regulated, amongst other legal texts, by “the Law”, the task of the Group was also to check whether, stemming from the obligations of the High Contracting Parties to provide for everyone falling under their jurisdiction the rights and freedoms defined in Article 1 of the ECHR, the text of “the Law” presents aspects or points that should be amended, in order to set out a body of rules  which does not permit (or, from an abstract perspective, leaves the smallest possible space for)  breaches of human rights.

2.3.       It is unquestionable that any evaluation of either the Chechen situation or the politics of the authorities in the Chechen Republic does not fall within the scopes of this exercise. That is why only the problems that clearly remain unsolved in legal terms should be borne in mind when examining the text, because only an effective and concrete approach can constitute a valid contribution to setting-up rules that are in conformity with human rights.

2.4.       The aim of this report is to explore issues of compatibility of “the Law” with the European Convention of Human Rights [4]. In States that are party to the ECHR, the compatibility of legislation with the ECHR is, of course, the normal situation. The task of  the commentators is, therefore, to detect and discuss exceptions from that normality, that is to say instances of incompatibility with the ECHR. In this context, one should not only define cases of a clear-cut violation of the ECHR. The scope should be extended to regulations which are so vague, so broad or so unspecified that they might, under certain circumstances, facilitate or not sufficiently discourage violations of rights which are protected under the ECHR.

2.5        The Russian experts submitted to the Group general background information on the place and the role of  “the Law” within the framework of the Russian legal system, as follows:

a.         The Law” is to be interpreted as an integral part of the legislative system of the Russian Federation, that incorporates universally recognised rules and principles of international law, the international treaties of the Russian Federation, the Constitution of  the Russian Federation, federal laws, including the Code of Criminal Procedure of the Russian Federation, decrees of the President of the Russian Federation and edicts of the Government of the Russian Federation;

b.         As a rule, the application of any provision of “the Law” contemplates simultaneous application of a whole complex of provisions or other legal acts, which regulate certain aspects of this legal relationship. In any case, the provisions of the Constitution of the Russian Federation securing compliance with human rights supersede any other domestic legal provisions. Moreover, the Constitution of the Russian Federation and the Russian Federal Law on International Treaties of the Russian Federation recognise the priority of the international treaties of the Russian Federation over the norms of the Russian law, which run counter to them.

c.         “The Law” reflects the legal techniques used in the Russian Federation. It contains a number of declaratory rules, objective rules and rules-principles, the existence of which is recognised to be suitable by the Russian legal practice and doctrine.

d.         “The Law” is not aimed at the establishment of new criminal prosecution rules in respect of persons who commit terrorist acts (those rules are prescribed by the Criminal Code and the Code of Criminal Procedure), but it aims at the operational suppression of the terrorist acts committed or being committed by such persons, the protection of the population from its consequences and the immediate transfer of the terrorist to trial. “The Law” applies only when a terrorist act is committed that threatens the rights and freedoms of a wide range of people, including the right to life. Moreover, “the Law” does not envisage any restriction to the right to a fair trial, to the rights of the defence before a court, nor to the principle according to which punishment can only be pronounced and carried out on the basis of the law.

2.6.       At the same time, it was difficult for the non-Russian experts to assess the exact objectives of certain provisions of “the Law”. Indeed, recent legislation on terrorism in European countries usually aims at extending, in the framework of the rules of criminal procedure or the tasks of the police, certain concrete powers for intercepting telecommunications, monitoring suspicious places, exchanging information between police, prosecution and immigration authorities, and the like. The Russian Law of 1998 contains, on the contrary, a number of general and abstract provisions. In spite of the fact that the non-Russian experts recognise the statement under (c) in the preceding paragraph, it still remains unclear to them, for example, whether the “basic principles” formulated in Articles 1 and 2 of “the Law” will contribute to answering concrete questions of an operational nature.  Another example is that of Art.2.3 (inevitability of punishment) that seems to be only a general exhortation that the concerned authorities (investigators, prosecutors, police officers) should do their best to arrest and prosecute those persons whose involvement in punishable terrorist activities is likely to be proven.

2.7.       A general remark should be made with regard to the technique of drawing up a body of rules for the fight against terrorism. The Law on Suppression of Terrorism, according to its preamble, intends  to determine “the legal and organisation basis for the fight against terrorism in the Russian Federation, procedure to co-ordinate the activities in the fight against terrorism of the federal executive bodies, the executive bodies of the constituent entities of the Russian Federation, public associations and organisations irrespective of the form of ownership, officials and individual citizens and the rights, duties and guarantees of citizens with regard to the implementation of the fight against terrorism”.

In practice, after the general provisions (chapter I), the law describes the way to organise (chapter II)  and conduct (chapter III) the counter-terrorism operations and determines compensation for victims of terrorist acts (chapter IV); protection for persons involved in the fight against terrorism (chapter V); liability for involvement in terrorist activities (chapter VI); supervision of the lawfulness of the counter-terrorist operations (chapter VII). 

In a field where the balance between full respect of human rights and effectiveness of the defence against terrorism is so difficult to reach in each and every democratic system, legal texts should pay particular attention to the rights of individuals and to the lawfulness of State operations.

Considering the impact of such texts on people who will enforce it and take it as a guide for their conduct, an explicit reference to the general priority for human rights and a concrete determination of action limits and operating persons’ responsibilities would contribute to making it clear from the beginning that all counter-terrorist actions must be conducted in the framework of the respect for the rule of law. The resulting text would be more balanced and clear and less problematic or/and ambiguous.

On the contrary, “the Law” is lacking in the full recognition of borders and limits to counter-terrorist actions; in the determination of functions, powers and responsibilities of persons who conduct counter-terrorist actions; in the transparency of the proceedings; in the description of the reasons for and clear extent of limitations to human rights.

Most of the rules, the lack of which was pointed out during the discussions, presumably are present in other legislative acts of the Russian Federation, starting with the Russian Federal Constitution, which recognizes human rights as the heart of the Russian system. Criminal and procedural provisions are of course regulated in the respective codes. The Group was also informed that this way of drawing up legal texts is the usual one in the Russian legal system.

Nevertheless, it is precisely in a text such as the one presently under consideration that the systematic reconstruction of the whole system and of the body of enforceable provisions should not be left to the legal experts, but should rather be made clear to all. In particular, powers, limits and responsibilities of the operating persons should appear immediately clearly from the text.

2.8.       Clarity in legislation is an indirect requirement of the ECHR. The latter does not take a stand vis-à-vis the issue whether the army may be employed in the fight against the most threatening types of criminal offences. This issue is left to national legislation. In Europe there is a variety of patterns in the different States, some of them rigorously excluding any use of the armed forces for solving domestic problems, others, however, allowing the army to assist the primarily competent police forces in certain cases of emergency. What is required under all circumstances is a clear definition of the powers of all agencies which intervene in individual rights such as life, health or liberty of person, privacy, freedom of expression, and property. This requirement corresponds to the limits set by the ECHR to any intervention in such rights (Art.2.2, Art.5.1, Art.8.2, Art.10.2 of the ECHR and Art.1 of the 1^st Protocol). Moreover, it corresponds to the idea of a civil society that, as far as domestic problems are concerned, the use of the armed forces is regarded as a very last resort, that is to say that recourse to the armed forces should be taken, if it is allowed at all, only in very exceptional cases.

2.9.       A very important general problem regarding the system of “the Law”, is the lack of sufficient clarity of  its interaction with the Code of Criminal Procedure. “Terrorist activity” in the sense of Art.3 (second and third definition) is, as can also be seen in the definition of “terrorist act” in Art.3 (fourth definition), always a crime. Under the aspect of the ECHR, the decisive question is whether the Code of Criminal Procedure is fully applicable in the repression (prosecution) of terrorist activities. This question is so important because the guarantees contained in Articles 5, 6 and 8 of the ECHR are usually transformed into national law by the code of criminal procedure, especially by its rules on arrest, detention, interrogation, availability of a defence counsel, searches and seizures. For the superficial reader, “the Law” gives the impression that it is an innovative, autonomous, integrated and independent regulation of the fight against terrorism which has not much to do with the ordinary criminal procedure. The implication of agencies that do not play any role in a criminal procedure, notably the army, and the strategic terminology of “the Law” reinforce this first impression. However, closer scrutiny shows that the fight against terrorism is also based on other pieces of legislation. This is shown, for example, in Art.7.1 according to which the activities of the institutions engaged in the fight against terrorism are guided not only by “the Law”, but also by “other Federal laws and by principles and standards of international law”, as well as by international treaties to which the Russian Federation is a party.

What is missing in the text of “the Law” is a clear statement that the Code of Criminal Procedure is among those applicable Federal Laws. The Group understands that “the Law” does not supersede the general rules on deprivation of liberty of suspects, on the free access of defence counsels to the suspect, on monitoring communication, and on search and seizure. This should be clarified and Art. 13 of “the Law” modified accordingly. [5]

3.         Comments and recommendations on specific provisions

3.1.       With reference to Article 2 (Basic principles of the fight against terrorism):

3.1.1.                It would be suitable to insert an express mention to the necessity of a general respect for human rights;

3.1.2.                In number 2) (priority of measures for prevention of terrorism), nothing is said about the context in which the priority works. Priority is a notion which implies a scale of values: of course, measures for prevention of terrorism cannot have priority with regard to lawfulness or to human dignity. It should be stated more specifically that what  is meant here is only the priority of preventive measures over coercive measures;

3.1.3.                Both number 4) (combination of overt and covert methods of fighting terrorism) and number 9) (minimal publicity on the technical methods and tactics used in counter-terrorist operations and on the participants in such operations), are lacking in transparency and in coordination with other provisions: there is no further mention about the organism responsible for ordering, controlling and taking the responsibility for such decisions. To avoid possible difficulties while securing the right of the victims to the protection of their interests, the text of “the Law” should state that  covert methods of fighting terrorism may only be used according to the Federal Law on Operational Search Action (Article 5). It will guarantee, for example, that the authorities will provide the persons concerned with the information which is necessary for them to exercise their rights of appeal to the judiciary in case of excesses in the course of counter-terrorism operations.

3.2        It is not clear what the meaning of the verb  “to neutralize” is,  in Article 3.

In the meetings of the Group it was said that neutralizing means “to defuse or to render harmless” a terrorist. It was indicated that these words have a very broad meaning, in such a way that they may certainly imply, for instance, physical elimination. Accordingly, if these words mean what they are capable of meaning, the best solution would be to remove them completely from the text. We have to keep in mind that, as it was noted, the right to life is so important in the ECHR that it cannot be derogated from even in times of war or national emergency. 

If the complete removal from the text is not accepted, the second best solution would be to replace the controversial expression “обезвреживание террористов” by words meaning the prevention of the possibility to carry out any further terrorist activities.

3.3.       With reference to Article 6, the Group recalls that terrorism is a “law and order” problem: even though it can have an international context or dimension, it is not an international conflict. In principle, the proper thing would be to resort only to the police as the basic instrument to fight terrorism, leaving open the possibility to resort to the army only when very serious and exceptional circumstances could make it necessary (cf. paragraph 8 of Chapter II above). 

3.4.       With reference to Articles 6 and 7 (Institutions conducting the fight against terrorism; Responsibilities of the institutions engaged in the fight against terrorism):

These provisions seem to be too vague. It is necessary to indicate further that all institutions engaged in the fight against terrorism cannot exceed the powers prescribed to them by the laws that establish their rights and obligations in everyday activities and in exceptional circumstances. Notwithstanding the provisions of Article 22 of the Law on Defence[6], the role of the army in this context should be more clearly defined.

3.5.       With reference to Article 9 (Assistance to the agencies engaged in the fight against terrorism):

Both paragraphs 1 and 2 are not clear in their extent. The Russian legislation – so it is assumed - provides no sanction, neither for bodies (in particular public associations and organisations) nor officials who violate the obligation (should one follow the language of Art. 9.1, namely shall be obliged) of assisting the institutions engaged in the fight against terrorism, nor for citizens who do not comply with the civic duty (should one follow the language of Art. 9.2) of passing on to the law enforcement agencies information about terrorist activities. The question is, why such a provision - which should then constitute only a recommendation and/or an invitation to collaborate - finds its place in the context of “the Law”. Failure to comply with this invitation would not produce any legal consequences. It’s only aim is to facilitate the success of the system of civil control established by the authorities: that is why it would have been preferable to use the terms “should assist” instead of “shall oblige”.

3.6        With reference to the last sentence of Article 12 (No interference shall be permitted in the operational leadership of the counter-terrorist operation from any other persons, irrespective of their current office):

The phrase should be reformulated to provide that legal controls exercised by judicial authorities shall not be considered interferences prohibited by Art. 12 of “the Law“.

3.7        Article 13.1.1 (Legal arrangements in the area of a counter-terrorist operation) allows for the establishment of a sort of “closed areas”, from which it will not be possible either to enter or to leave due to an anti-terrorist operation, without any legal time limit. The paragraph could violate the provisions of paragraphs 1 and 3 of Article 2 of Protocol No.4 to the ECHR (freedom of movement). Paragraphs 3 and 4 of Article 2 of Protocol 4 read as follows:

3.         No restriction shall be placed on the exercise of these rights other than such as are in accordance with the law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

4.         The rights set forth in § 1 may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society”.

In fact, in  the Law, the only indications regarding the legal basis of the provided restriction are constituted by the words where necessary and temporarily. Both  notions are too vague to integrate the requirements of the Protocol.

The clarification of the criteria “temporarily“ and “necessary“ would be dispensable if the restriction of movement of citizens would relate solely to specific buildings or short sections of streets. However, the translation “specific parts of a locality or a site” (from which a citizen, according to the Law, may be barred (“refused entry”) as well as “removed” may be misleading. The Russian term  “местност” does not only refer to small “localities” but means all types of  built-up areas, villages as well as towns, and, moreover, whole areas. Moreover, it has to be considered that the citizens may have their home in the area from which they are removed or to which they are refused access. If this is the case, they are restricted in exercising their right that their home is respected (Art.8 ECHR). According to Art.8.2 ECHR, the criteria for a legal restriction of this right are as narrow as those defined in the 4^th Protocol.

Given the high value of both free movement in a democratic society (Art 2 of the 4^th Protocol) and privacy as protected in Article 8 ECHR, the measures under Article 13.1.1 of “the Law” can be seen as “necessary” only if they are indispensable for operational purposes, or with a view to protecting the people living in the area. For the same reasons, the duration of the measures should be as short as possible. It should, as a rule, not exceed 48 hours, even though it may be extended in exceptional cases.

3.8.       Article 13.1.2 allows the authorities to detain a person who does not carry an ID-document, in order to ascertain the identity. “The Law” does not say which is the maximum period of such a detention. Any detention which must be regarded, in view of the duration, as deprivation of liberty, would require a justification according to Art. 5.1 ECHR. This provision of the ECHR does not allow any deprivation of liberty of an adult citizen if there is no suspicion or conviction of a criminal offence, a need for a medical intervention in the sense of Art.5.1 lit.e of the ECHR or a specific duty prescribed by law (Art. 5.1 lit b ECHR) that has been violated. It seems doubtful whether a case of Art. 5.1 lit.b can be construed here (legal duty to carry an ID-card ?). Given the administrative purpose of the detention under Article 13.1.2, the restriction of liberty must be as short as possible. According to the administrative legislation of the Russian Federation, the duration of the detention for the purpose of identification may not exceed three hours. Within such a limitation, the detention is proportional.

3.9        Article 13.1.3 confers to the participants of counter-terrorist operations  the right to detain persons and to hand them over to agencies of internal affairs. The Russian word which was translated as “detain” (задерживать) is used in the previous Code of Criminal Procedure (Art. 122) as well as in Art. 91 of the new Code of Criminal Procedure of 18 December 2001 (entered into force on 1 July 2002).

In Art. 13.1.3, the Group recommends a more strictly defined concept of “detention” that would clearly state the justification and the conditions for each kind of detention. Where detention serves the purposes of criminal procedure, the time-limits mentioned in the Code of Criminal Procedure have to be respected. For all the other cases, rather shorter time-limits should be provided for.

3.10      As regards Article 13.1.4 and bearing in mind in particular the provisions of Art. 8 of the ECHR, the Group agreed that it should be interpreted and applied in such as way as to ensure that the actions that it authorises (“unimpeded access to dwellings …”, etc.) may only be carried out where the two following requirements are both met simultaneously:

           i.           when stopping a terrorist act and/or when pursuing persons suspected of having committed a terrorist act,

ii.          if any delay may pose a real threat to human life and health.

3.11.     Article 13.1.6 authorises the use for official purposes of “means of communication”, including specialised means, belonging to individuals, organisations, etc..

Bearing in mind in particular the provisions of Art. 10 of the ECHR, the Group agreed that Article 13.1.6 :

i.           should be supplemented with provisions setting out the requirements that must be met before means of communication belonging to individuals etc. may be used for official purposes

ii.          cannot be interpreted or applied in such a way that the receiving or sending of communications by journalists could be substantially impaired.

3.12.     Concerning Article 13.2, the Group agrees that it should be interpreted as not allowing any “regulation” of the content of reports or comments produced by the media: indeed it provides only for measures that are necessary in order to protect the safety of journalists.

3.13.     With reference to Article 15 (Informing the public about terrorist acts):

This article is strictly connected with the previous articles 13.1.6 and 13.2.  Art. 15.1 states: the public shall be informed about terrorist acts in the manner and to the extent stipulated by the head of the operational headquarters managing the counter-terrorist operation or by the public relations officer of the headquarters.  Art. 15.2.3 adds: (It shall be forbidden to disseminate information) … which serves as propaganda for or as justification of terrorism and extremism.

These provisions constitute a very serious limitation to the freedom of information (Art. 10 ECHR). In particular, they might lead to limitations being imposed that do not meet the criteria of proportionality and necessity. Therefore, Article 15.2 should be supplemented by a provision according to which it may be applied only in cases where such is necessary in the interest of national security, territorial integrity, public safety and the prevention of disorder or crime ( Art.10 para.2 ECHR)

3.14.     The Group recommends that Article 21 be deleted from “the Law”. The issue of liability of servicemen and other participants in counter-terrorist operations,  where they cause damage, is regulated by other laws. The presence of such an article in “the Law” may create the impression of impunity of individuals taking part in counter-terrorist operations.

3.15.     The Group agreed to interpret Article 24 in the sense that it applies to the examination of the case in camera, not to the pronouncement in camera of the decision. Indeed, the decision must be pronounced in public (cf. Art. 6.1 [2^nd sentence] ECHR, Art. 241.7 of the new Code of Criminal Procedure )

3.16      With reference to Article 27 (Supervision of the lawfulness of the implementation of the fight against terrorism)

In order to make clear that no impunity is possible for people who, during a counter-terrorist operation, exceed the permitted limits, it would be particularly suitable to insert in this provision the clear reference to the judicial form of prosecution of the unlawful actions committed in such circumstances.

Annexe

DG 1 / DOC (2001) 05

(27 November 2001)

1998 RUSSIAN FEDERAL LAW ON THE SUPPRESSION OF TERRORISM

(Translation C)

The translation into English of the 1998 Russian Federal Law on the Suppression of Terrorism that appears in this document was prepared, at the request of the Group of Experts tasked with examining that law, on the basis of two earlier translations into English of the same law, namely:

- translation A, which is the text appended to a letter dated 29 February 2000, forwarded by the Minister of Foreign Affairs of the Russian Federation to the Secretary General of the Council of Europe, and

- translation B, which is believed to have been produced by the German Ministry of Foreign Affairs.

This text remains an unofficial translation. Although it is expected to reflect more accurately that its older sisters the original text in the Russian language, such a result can in no way be guaranteed

The Russian Federation Federal Law on the Fight against Terrorism

Adopted by the State Duma on 3 July 1998

Approved by the Federation Council on 9 July 1998

This Federal Law determines the legal and organisational basis for the fight against terrorism in the Russian Federation, procedures to co-ordinate the activities in the fight against terrorism of the federal executive bodies, the executive bodies of the constituent entities of the Russian Federation, public associations and organisations irrespective of the form of ownership, officials and individual citizens and the rights, duties and guarantees of citizens with regard to the implementation of the fight against terrorism.

CHAPTER I

GENERAL PROVISIONS

Article 1            Legal basis for the fight against terrorism

The legal basis for the fight against terrorism shall be constituted by the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, this Federal Law, other federal laws, universally recognised principles and standards of international law, international treaties of the Russian Federation, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation as well as other statutory instruments enacted by federal government agencies in accordance with these.

Article 2            Basic principles of the fight against terrorism

The fight against terrorism in the Russian Federation shall be based on the following principles:

- lawfulness;

- priority of measures for the prevention of terrorism;

- inevitability of punishment for conducting terrorist activities;

- combination of overt and covert methods of fighting terrorism;

- comprehensive use of preventive legal, political, social, economic and educational measures;

- priority of the protection of the rights of persons exposed to danger as a result of terrorist acts;

- minimal concessions to terrorists;

- unified command of the forces and means deployed during counter-terrorist operations;

- minimal publicity on the technical methods and tactics used in counter-terrorist operations and on the participants in such operations.

Article 3            Basic definitions

For the purposes of this Federal Law, the following basic definitions shall apply:

Terrorism – the use of force or the threat of its use in respect of individuals or organisations, or the destruction (damage) or threatened destruction (damage) of property or other material objects, resulting in mortal danger for people, causing significant damage to property or occasioning other dangerous consequences for the public, committed with the intention of undermining public security, inspiring fear in the population or exerting influence on government agencies to take decisions beneficial to terrorists or to furnish them with unlawful assets and/or other interests, an attempt on the life of a state or public agent, perpetrated with the aim of stopping his state or other political activity or out of revenge for such activity, an attack on a representative of a foreign state or a staff member of an international organisation enjoying international protection, or on official buildings or means of transport of persons enjoying international protection, if such an act is committed with the aim of provoking war or disrupting international relations.

Terrorist activity – activity involving:

- the organisation, planning, preparation and committing of a terrorist act;

- incitement to commit a terrorist act, to use violence against individuals or organisations, or to destroy material objects for terrorist purposes;

- the organization of an illegal armed group, a criminal association (criminal organisation), in order to commit a terrorist act or participation in such an act;

- recruiting, arming, training and deploying terrorists;

- knowingly financing a terrorist organisation or terrorist group or rendering them any other assistance.

International terrorist activity – terrorist activity carried out by:

- a terrorist or terrorist organisation on the territory of more than one state or causing damage to the interests of more than one state;

- citizens of one state with regard to citizens of another state or on the territory of another state;

- a terrorist in cases where both the terrorist and the victim of terrorism are citizens of the same state or different states but the crime was committed outside the territory of those states;

Terrorist act – the direct perpetration of a crime of a terrorist nature in the form of an explosion, arson, the use or threatened use of nuclear explosive devices, radioactive, chemical, biological, explosive, toxic, poisonous or virulent substances; the destruction, damage or seizure of means of transport or other objects; an attempt on the life of a state or pubic agent or a representative of a national, ethnic, religious or other group of the population; the taking of hostages, kidnapping; endangering the life, health or property of an undefined group of persons by creating the conditions for accidents and disasters of a technological nature to take place or by a real threat to do so; the dissemination of threats in any form and by any means; other acts endangering human life, causing significant damage to property or entailing other dangerous consequences for the public;

Crimes of a terrorist nature – crimes specified in Articles 205 – 208, 277 and 360 of the Criminal Code of the Russian Federation. Crimes of a terrorist nature may include other crimes specified in the Criminal Code of the Russian Federation if they are committed for terrorist purposes. Responsibility for committing such crimes derives from the Criminal Code of the Russian Federation;

Terrorist – a person participating in any form of terrorist activity;

Terrorist group – a group of persons associating for the purpose of conducting terrorist activities;

Terrorist organisation – an organisation created for the purpose of conducting terrorist activities or an organisation  acknowledging the possibility of using terrorism in its activities;

An organisation shall be deemed to be terrorist if just one of its structural subdivisions conducts terrorist activities to the knowledge of at least one of the organisation’s governing bodies;

Fight against terrorism – activities to prevent, expose, stop and minimise the consequences of terrorist activities;

Counter-terrorist operation – specific measures undertaken to stop a terrorist act, to ensure the safety of individuals, to render terrorists harmless and minimise the consequences of terrorist acts;

Area of a counter-terrorist operation – distinct parts of a terrain or stretch of water, means of transport, building, structure, premises and its adjacent territory or stretch of water, within which the specific operation takes place;

Hostage – a person captured and/or held with the aim of compelling a state, organisation or individuals to perform any act or to refrain from any act as a condition for the release of the person held. 

Article 4            International co-operation by the Russian Federation in the field of the fight against terrorism

In accordance with international treaties, the Russian Federation shall co-operate in the fight against terrorism with foreign states, their law-enforcement agencies and special services, and also with international organisations engaged in the fight against terrorism.

The Russian Federation, guided by the interests of safeguarding the security of individuals, society and the state, shall pursue persons on its territory engaged in terrorist activity, including in such cases where the terrorist acts have been planned or committed outside the frontiers of the Russian Federation, but harm the interests of the Russian Federation, and in other cases provided for by international treaties entered into by the Russian Federation.

CHAPTER II

ORGANISATIONAL BASIS OF THE FIGHT AGAINST TERRORISM

Article 5            The aims of the fight against terrorism

The fight against terrorism in the Russian Federation shall pursue the following aims:

- the protection of individuals, society and the state from terrorism;

- the prevention, exposure and stopping of terrorist activities and the minimising of their consequences;

- the exposure and elimination of the causes and conditions conducive to the conduct of terrorist activities.

Article 6            Institutions conducting the fight against terrorism

The Government of the Russian Federation shall be the fundamental institution leading the fight against terrorism and shall furnish the necessary forces, means and resources.

The federal executive agencies shall engage in the fight against terrorism within the scope of their responsibilities as determined by federal laws and other statutory instruments of the Russian Federation.

The institutions directly involved in the fight against terrorism within the scope of their responsibilities shall be:

- The Federal Security Service of the Russian Federation;

- The Ministry of the Interior of the Russian Federation;

- The Foreign Intelligence Service of the Russian Federation;

- The Federal Service for the Protection of the Russian Federation;

- The Ministry of Defence of the Russian Federation;

- The Federal Border Service of the Russian Federation.

The institutions engaged within the scope of their responsibilities in preventing, exposing and stopping terrorist activity shall also include other federal executive agencies, the list of which shall be defined by the Government of the Russian Federation.

In the case of the closure, reorganisation or renaming of the federal executive agencies enumerated in this article, their function in the fight against terrorism shall be transferred to their legal successors.

To co-ordinate the work of the institutions engaged in the fight against terrorism,  in accordance with decisions by the President of the Russian Federation and the Government of the Russian Federation, it shall be possible to establish anti-terrorist commissions at federal and regional level.

The federal anti-terrorist commission shall have the following basic tasks:

It shall elaborate the basis of government policy in the field of the fight against terrorism in the Russian Federation and shall make recommendations aimed at enhancing the effectiveness of the work to expose and eliminate the causes of and conditions conducive to the emergence of terrorism and the conduct of terrorist activities;

It shall collect and analyse information on the current state of and trends in terrorism on the territory of the Russian Federation;

It shall co-ordinate the activities of the federal executive agencies engaged in the fight against terrorism in order to achieve coherence in their efforts to prevent, expose and stop terrorist acts and of their efforts to expose and eliminate the causes and conditions conducive to the preparation and implementation of terrorist acts;

It shall participate in the preparation of international treaties in the Russian Federation in the field of the fight against terrorism;

It shall elaborate proposals to optimise the legislation of the Russian Federation in the field of the fight against terrorism.

Article 7            Responsibilities of the institutions engaged in the fight against terrorism

The activities of the institutions engaged in the fight against terrorism shall be guided by this Federal Law, by other federal laws, by universally recognised principles and standards of international law, by international treaties entered into by the Russian Federation and by statutory measures (including interdepartmental measures) regulating such activities and adopted on the basis of these.

The Federal Security Service of the Russian Federation and its territorial agencies in the constituent entities of the Russian Federation shall engage in the fight against terrorism by preventing, exposing and stopping crimes of a terrorist nature, including crimes committed in pursuit of political objectives and by preventing, exposing and stopping international terrorist activity; in accordance with the criminal procedural legislation they shall undertake preliminary investigations for criminal cases relating to such crimes.

The Ministry of the Interior of the Russian Federation shall engage in the fight against terrorism by preventing, exposing and stopping crimes of a terrorist nature committed in pursuit of profit.

The Foreign Intelligence Service of the Russian Federation and other foreign intelligence services of the Russian Federation shall engage in the fight against terrorism by safeguarding the security of institutions of the Russian Federation located outside the territory of the Russian Federation, their personnel and members of the families of such personnel, and shall also collect information on the activities of foreign and international terrorist organisations.

The Federal Service for the Protection of the Russian Federation shall engage in the fight against terrorism by safeguarding the security of installations of state security and the security of guarded installations.

The Ministry of Defence of the Russian Federation shall safeguard the security of operational weapons of mass destruction, missiles and firearms, ammunition and explosives, and the security of military installations and shall also participate in safeguarding the security of national maritime shipping and the air space of the Russian Federation in the context of counter-terrorist operations.

The Federal Border Service of the Russian Federation shall engage in the fight against terrorism by preventing, exposing and stopping attempts by terrorists to cross the state border of the Russian Federation, as well as the unlawful shipment across the state border of the Russian Federation of arms, explosives, toxins, radioactive substances and other objects which could be used to commit crimes of a terrorist nature; it shall participate in safeguarding the security of national maritime shipping within the territorial waters and exclusive economic zone of the Russian Federation and shall take part in counter-terrorist operations.

Article 8            The basic functions of the institutions involved in the fight against terrorism

The federal executive agencies listed in Article 6 of this Federal Law and their territorial agencies in constituent entities of the Russian Federation shall participate in the fight against terrorism within the scope of their responsibilities by elaborating and implementing preventive, procedural, organisational, educational and other measures to prevent, expose and stop terrorist activity; by establishing departmental systems to counter the perpetration of crimes of a terrorist nature and maintaining them in a state of readiness; by furnishing material, technical and financial resources, information, means of transport and communication, medical equipment and medicines; and by responding in other ways to the requirements of the fight against terrorism. The manner in which such material, technical and financial resources, information, means of transport and communication, medical equipment and medicines are furnished shall be determined by the Government of the Russian Federation.

Article 9            Assistance to the agencies engaged in the fight against terrorism

The executive agencies of the constituent entities of the Russian Federation, the bodies of local government, public associations and organisations, irrespective of the form of ownership, and officials shall be obliged to assist the institutions engaged in the fight against terrorism.

It is the civic duty of every citizen to pass on to the law enforcement agencies any information that has come to his or her knowledge about terrorist activity or about any other circumstances, where such information may facilitate the prevention, exposure or stopping of terrorist activities or minimising their consequences.

CHAPTER III

CONDUCT OF COUNTER-TERRORIST OPERATIONS

Article 10          Management of counter-terrorist operations

An operational headquarters shall be set up to directly manage counter-terrorist operations in accordance with a decision by the Government of the Russian Federation ; it shall be headed by a representative of the Federal Security Service of the Russian Federation or of the Ministry of the Interior of the Russian Federation, depending on which federal executive agency is chiefly responsible for carrying out the specific counter-terrorist operation.

It shall be possible to establish operational headquarters in the constituent entities of the Russian Federation and the regions of the Russian Federation; their number and compostion shall depend upon the specific local conditions and on the naure of the possible terrorist acts on the territory of the constituent entities (regions) of the Russian Federation.

The operational headquarters to manage counter-terrorist operations in the constituent entity (region) of the Russian Federation shall be lead by the head of the territorial agency (subdivision) of the department which has been made  chiefly responsible for carrying out the specific counter-terrorist operation. Should the nature of the terrorist act change, the head of the counter-terrorist operation may be replaced in accordance with a decision by the chairman of the appropriate interdepartmental anti-terrorist commission.

The working methods of the operational headquarters managing the counter-terrorist operation shall be determined by rules established by the chairman of the appropriate interdepartmental anti-terrorist commission. The rules governing the headquarters managing the counter-terrorist operation shall be developed on the basis of standard rules stipulated by he federal anti-terrorist commission.

Article 11          Forces and means with which to conduct counter-terrorist operations

In order to carry out counter-terrorist operations, the operational headquarters managing the counter-terrorist operation shall have the right to call on the necessary forces and means of those federal executive agencies participating in the fight against terrorism in accordance with Article 6 of this Federal Law. The federal executive agencies and the executive agencies of constituent entities of the Russian Federation shall allocate the weapons, special equipment, means of transport and communications and other material and technical resources necessary to carry out the counter-terrorist operation.

Article 12          Leadership of counter-terrorist operations

All those serving in the armed forces, as well as personnel and specialists recruited to carry out the counter-terrorist operation, shall from the commencement of the specific operation be placed under the command of the head of the operational headquarters managing the counter-terrorist operation.

Depending on the scale and degree of danger to the public and on the anticipated negative consequences of a terrorist act, a representative of the federal anti-terrorist commission may be appointed head of the counter-terrorist operation. The head of a federal executive agency may be appointed head of the operational headquarters managing a counter-terrorist operation by a decision of the President of the Russian Federation.

The head of the operational headquarters managing a counter-terrorist operation shall determine the limits to the area in which the counter-terrorist operation is carried out, and shall decide on the use of the forces and means allocated for the implementation of the relevant operation.

No interference shall be permitted in the operational leadership of the counter-terrorist operation from any other persons, irrespective of their current office.

Article 13          Legal arrangements in the area of a counter-terrorist operation.

In the area of a counter-terrorist operation, the persons implementing the specific operation shall have the right to:

- take measures, where necessary, to temporarily restrict or prohibit the movement of traffic and pedestrians on streets and roads, to refuse entry to specific parts of a locality or a site to traffic, including vehicles of diplomatic missions and consular establishments, and to citizens, or to remove citizens from specific parts of a locality or a site, and to tow away vehicles;

- check the identification documents of citizens and officials and, in the absence of such documents, to detain such persons in order to ascertain their identity;

- detain and hand over to the agencies of internal affairs of the Russian Federation persons who have committed or are committing violations of the law or other acts intended to obstruct compliance with the lawful demands of persons engaged in a counter-terrorist operation, or actions linked to unauthorised access to or attempts to gain access to the area in which a counter-terrorist operation is underway;

- have unimpeded access (entry) to dwellings and other buildings and plots of land belonging to citizens, to the territory and buildings of organisations, irrespective of their form of ownership, and to means of transport when stopping a terrorist act and when pursuing persons suspected of committing a terrorist act, if any delay may pose a real threat to human life and health;

- undertake at the points of entry into and departure from the area of a counter-terrorist operation a personal search of citizens, an examination of their personal effects, an examination of vehicles and objects transported in them, and in so doing to use technical equipment;

- use for official purposes means of communication, including specialised means, belonging to citizens and to organisations, irrespective of their form of ownership;

- use for official purposes means of transport belonging to organisations, irrespective of their form of ownership, with the exception of means of transport of diplomatic, consular and other representatives of foreign states and international organisations, and in urgent cases those belonging to citizens, in order to avert a terrorist act, to pursue and detain persons who have committed a terrorist act, to deliver persons in need of urgent medical assistance to medical facilities, or to travel to the location of the incident.

In the area in which a counter-terrorist operation is taking place, the activities of the media shall be regulated by the head of the operational headquarters managing the counter-terrorist operation, unless federal law determines otherwise.

Article 14          The conduct of negotiations with terrorists

In the course of counter-terrorist operations, negotiations with terrorists may be engaged in with the aim of preserving human life and health and material valuables, and with the aim of ascertaining the possibility of stopping a terrorist act without the use of force.

Only those persons who are specifically authorised to conduct negotiations with terrorists by the head of the operational headquarters managing the counter-terrorist operation shall be permitted to do so.

In the course of negotiations with terrorists intended to create the conditions for them to end their terrorist act, no consideration may be given to requests that the terrorists be provided with any persons, weapons or other means or objects whose use might pose a threat to human life and health, or to requests to meet the political demands of terrorists.

The conduct of negotiations with terrorists may not serve as a justification of or a  condition for their release from liability for acts they have committed.

Article 15          Informing the public about terrorist acts

In the course of counter-terrorist operations, the public shall be informed about terrorist acts in the manner and to the extent stipulated by the head of the operational headquarters managing the counter-terrorist operation or by the public relations officer of the headquarters.

It shall be forbidden to disseminate information:

- which reveals special technical methods and tactics used in the counter-terrorist operation;

- which may hamper the counter-terrorist operation and endanger the life and health of people located within or outside the area of the counter-terrorist operation;

- which serves as propaganda for or as a justification of terrorism and extremism;

- about the personnel of the special subdivisions, members of the operational headquarters managing the counter-terrorist operation during the course of the operation, or about persons rendering assistance to this operation.

Article 16          Completion of the counter-terrorist operation

The counter-terrorist operation shall be deemed complete when the terrorist act has been stopped (ended) and the threat to the life and health of persons in the area of the counter-terrorist operation has been removed.

The decision to announce the completion of the counter-terrorist operation shall be taken by the head of the operational headquarters managing the counter-terrorist operation.

CHAPTER IV

COMPENSATION FOR INJURY OR DAMAGE RESULTING FROM TERRORIST ACTS AND THE SOCIAL REHABILITATION OF VICTIMS OF TERRORIST ACTS

Article 17          Compensation for injury or damage resulting from terrorist acts

Compensation for injury or damage resulting from a terrorist act shall be paid from the budget of the constituent entity of the Russian Federation on whose territory the terrorist act was committed, with subsequent proceedings against the perpetrator of the injury or damage to recover the sum of this compensation as established by civil procedural legislation.

Compensation for injury or damage resulting form a terrorist act committed on the territory of several constituent entities of the Russian Federation, and compensation for damage or injury caused to one constituent entity of the Russian Federation and exceeding the scope for compensation from the budget of the given constituent entity of the Russian Federation, shall be paid from the federal budget with subsequent proceedings against the perpetrator of the injury or damage to recover the sum of this compensation as provided by civil procedural legislation.

Compensation for injury or damage caused to foreign citizens as a result of a terrorist act committed on the territory of the Russian Federation shall be paid from the federal budget with subsequent proceedings against the perpetrator of the injury or damage to recover the sum of this compensation.

Compensation for injury or damage caused to organisations as a result of a terrorist act shall be paid as established by the Civil Code of the Russian Federation.

Article 18          Social rehabilitation of victims of terrorist acts

The social rehabilitation of victims of a terrorist act shall aim to return them to normal life, including the provision of legal assistance to these persons, their psychological, medical and professional rehabilitation, and finding them employment even to the extent of their reinstatement at work and providing them with housing.

The social rehabilitation of the victims of terrorist acts and of persons listed in Article 19 of this Federal Law shall be paid for from the federal budget and the budget of the constituent entity of the Russian Federation on whose territory the terrorist act was committed.

The manner in which the social rehabilitation of victims of terrorist acts is carried out shall be determined by the Government of the Russian Federation.

CHAPTER V

THE LEGAL AND SOCIAL PROTECTION OF THOSE INVOLVED

IN THE FIGHT AGAINST TERRORISM

Article 19          Persons involved in the fight against terrorism entitled to legal and social protection

Persons involved in the fight against terrorism shall enjoy state protection. Legal and social protection shall be granted to:

- those serving in the armed forces and personnel and specialists of federal executive agencies and executive agencies of the constituent entities of the Russian Federation directly involved (currently or formerly) in the fight against terrorism;

- persons assisting on a permanent or temporary basis the state agencies engaged in the fight against crime, in the prevention, exposure and stopping of terrorist activity and minimising its consequences;

- family members of those persons listed in sub-paragraphs 1 and 2 above, if there is a need to grant them protection arising from the involvement of the persons listed in the fight against terrorism.

The social protection of persons recruited to fight against terrorism shall be provided in line with the legal status of such persons as determined by federal laws and other statutory instruments and a s stipulated by the Government of the Russian Federation.

Article 20          Compensation for injury to persons involved in the fight against terrorism or for damage to their property

Injury or damage caused to the health or property of the persons listed in Article 19 of this Federal Law resulting from their involvement in the fight against terrorism shall be compensated as established by the legislation of the Russian Federation.

If a person involved in the fight against terrorism dies during a counter-terrorist operation, the members of the family of the deceased and persons dependant on him shall be paid a lump sum equivalent to one thousand months minimum wage, a pension shall be awarded in the case of the loss of the bread-winner, and the benefits relating to the provision of housing and the payment of housing-related and communal services shall be retained where such benefits were held by the deceased.

If a person involved in the fight against terrorism is physically injured during a counter-terrorist operation resulting in the onset of invalidity, this person shall be paid a lump sum from the federal budget equivalent to five hundred months minimum wage, and a pension shall be awarded in accordance with the legislation of the Russian Federation.

If a person involved in the fight against terrorism is wounded during a counter-terrorist operation without this resulting in the onset of invalidity, this person shall be paid a lump sum equivalent to one hundred months minimum wage.

Article 21          Exemption from liability for causing injury or damage

In the course of counter-terrorist operations on the basis of and within the limits set by law, it shall be permitted, if unavoidable, to cause injury to the life or health and damage to the property of terrorists and to other interests protected by law. In this regard, those serving in the armed forces, specialists and other persons involved in the fight against terrorism shall be exempted from liability for injuries or damage caused in the course of a counter-terrorist operation in accordance with the legislation of the Russian Federation.

Article 22          Preferential calculation of years of service

Persons serving in the armed forces and personnel of federal executive agencies (currently or formerly) serving in subdivisions directly engaged in the fight against terrorism shall for the purposes of their pension count one day of service as one and a half days and, for the period of involvement in counter-terrorist operations, shall count one day of service as three days (unless the legislation of the Russian Federation provides for a more preferential calculation of years of service).

CHAPTER VI

LIABILITY FOR INVOLVEMENT IN TERRORIST ACTIVITY

Article 23          Liability for involvement in terrorist activity

Persons guilty of terrorist activity shall be held accountable as provided for by the legislation of the Russian Federation.

Article 24          Special features of criminal and civil legal proceedings in cases relating to terrorist activity

Cases relating to crimes of a terrorist nature and cases relating to compensation for injury or damage resulting form a terrorist act may, following a court decision, be examined at court sessions held in camera at which all the rules of legal proceedings shall be observed.

Article 25          Liability of organisations for terrorist activity

An organisation shall be regarded as terrorist and closed down on the basis of a court decision.

When an organisation regarded as terrorist is closed, its property shall be confiscated and revert to the state.

If a court of the Russian Federation regards an international organisation (its branch, subsidiary, representation) registered outside the borders of the Russian Federation as terrorist, the given organisation shall be banned from operating on the territory of the Russian Federation, its Russian branch (subsidiary, representation) shall be closed, and its property and the property of the aforementioned international organisation located on the territory of the Russian Federation shall be confiscated and revert to the state.

The application that proceedings shall be brought against an organisation for terrorist activity shall be lodged in court by the Prosecutor General of the Russian Federation or by the prosecutors subordinate to him.

CHAPTER VII

MONITORING AND SUPERVISION OF THE LAWFULNESS OF THE IMPLEMENTATION OF THE FIGHT AGAINST TERRORISM

Article 26          Monitoring of the implementation of the fight against terrorism

The President of the Russian Federation and the Government of the Russian Federation shall monitor the implementation of the fight against terrorism in the Russian Federation.

Article 27          Supervision of the lawfulness of the implementation of the fight against terrorism

The Prosecutor General of the Russian Federation and the prosecutors subordinate to him shall supervise compliance with the law in the course of the fight against terrorism.

The Office of the Public Prosecutor of the Russian Federation shall also, within the scope of its responsibilities, take measures to prevent terrorist activity and, in accordance with the criminal procedural legislation of the Russian Federation, undertake preliminary investigations, supervise the investigation of criminal cases linked with terrorist activity, assist the state prosecution of such cases in the courts and shall take other measures in accordance with the legislation of the Russian Federation.

CHAPTER VIII

FINAL PROVISIONS

Article 28          Alignment of statutory instruments with this Federal Law

Federal laws and other statutory instruments shall be brought into conformity with this Federal Law within three months of its entry into force.

Article 29          Entry into force of this Federal Law

This Federal Law shall enter into force on the day of its official promulgation.

The President of the Russian Federation   B. Eltsin, The Kremlin, Moscow, 25 July 1998, No.130-FZ.