Virtual museum of Russian aggression.

Virtual museum of Russian aggression.

Search..

background

The Human Rights Path of Emil Kurbedinov

Emil Kurbedinov was born in Soviet Russia, in the small village of Sauk-Dere in the Crimean district of the Krasnodar region. His parents, Mahsud and Emine, returned here from places of exile for Crimean Tatars in Uzbekistan.

In 2003, Emil obtained a legal education, and four years later he obtained the right to practice law. He began living in Crimea in 2007, where he moved like many other Crimean Tatars who were returning to the homeland of their people. Settling in Simferopol, Emil opened his law office.

After the annexation of Crimea in 2014, the Russian Federation began to apply its legislation here. In order to have actual access to human rights practice, Kurbedinov had to obtain the status of a Russian lawyer. He became one of the few specialists on the peninsula who engaged in human rights activities in the Russian justice system.

Emil Kurbedinov, Sergey Legostov, and Vagram Shiroian were present at a well-known meeting of relatives of those arrested by Russian "law enforcement agencies" in Crimea with lawyers of the accused in April 2016. Thus, a human rights association was founded, which later received the name "Crimean Solidarity". As one of the coordinators of this association, Emil is in solidarity with people who are persecuted in politically motivated cases. He stands for nonviolent methods of fighting for justice.

During the years of occupation, the illegal authorities only increase pressure and criminal prosecution based on national, religious, and political characteristics. Together with other lawyers, Emil defends victims of political repression. He is the defender of journalists Nariman Memedeminov and Mykola Semena, politician Ilmi Umerov, and Crimean Tatars who were persecuted for participating in the organization ХHizb ut-Tahrir

However, due to such human rights activities, he himself is already being persecuted by the Russian FSB.


First arrest of a lawyer

On January 26, 2017, the occupation authorities of Crimea conducted a search of Crimean Tatar activist Seyran Saliev. Emil Kurbedinov went to the site of the search to provide legal assistance. However, on the way, local police officers stopped his car and arrested him. They took him to the so-called "Center for Combating Extremism of the Ministry of Internal Affairs of the Russian Federation in the Republic of Crimea".

At the same time, searches were carried out at the office of the "Crimean Solidarity" organization and in Emil's apartment. The Center's employees brought Kurbedinov to the local FSB department for questioning.

Regarding the lawyer, an administrative offense protocol was illegally drawn up under Article 20.3 of the Code of the Russian Federation on Administrative Offenses. Kurbedinov was accused of "publicly demonstrating attributes or symbols of extremist organizations." This was in reference to a video from 2013 featuring the symbolism of the Muslim organization "Hizb ut-Tahrir".


On the same day, "Judge of the Railway District Court of Simferopol" Tetiana Belinchuk considers the accusation of posting on lawyer’s VKontakte page in June 2013 videos and graphics materials characterized by the so-called "court" as "extremist". The occupation court finds the lawyer guilty of committing such an offense and imposes a punishment in the form of administrative detention for a period of 10 days.


Systemic oppression of independent lawyers

The situation is gaining notoriety. Kurbedinov is being talked about not only by Ukrainian, but also by reputable international human rights organizations. However, the occupation authorities continue to persecute even those few lawyers who selflessly ensure the protection of human rights on the peninsula.

In June 2017, Crimean law enforcement officers conducted an illegal search of lawyer Edem Semedlyaev's home.

In November of the same year, investigators threatened criminal prosecution against lawyer Mammet Mambetov.

On January 27, 2018, lawyer Lilia Hemedzhi was blocked in the premises where the "Crimean Solidarity" meeting was taking place.

On October 25, 2018, the so-called "Prosecutor's Office of the Republic of Crimea" sent a warning to Emir Kurbedinov regarding the "inadmissibility of violating laws on countering extremist activities and legislation on rallies, demonstrations, marches, and picketing." Later, Kurbedinov was detained again, but this time for a post about "Hizb ut-Tahrir" on the social network "Facebook" in the same year of 2013. The lawyer was deprived of his freedom for 5 days of administrative detention by the decision of the so-called "Kyiv District Court of Simferopol" dated December 7, 2018.


On December 9, 2018, an unknown person tried to break into the office of lawyers Emir Kurbedinov, Edem Semedlyaev, and Lilia Hemedzhi. The window in the room was broken. The lawyers turned to the local police, but the latter limited themselves to formal actions. Neither the perpetrator nor the customer of the attack was ever identified.

On December 18, 2018, the so-called "Department of the Ministry of Justice of the Russian Federation in the Republic of Crimea" informed Emil about an alleged violation of Russian legislation, which excluded his ability to practice law. Thus, first, Kurbedinov was held administratively responsible for the publications he made in 2013, initially on his page on "VKontakte" and then on "Facebook." Therefore, they initiated the deprivation of the possibility to practice law. This is actually a repeated prosecution for one offense. At the same time, the Russian court retrospectively applies Russian legislation to the lawyer's activities, thereby violating the norms of international humanitarian law.


Reaction of the international and Ukrainian society

The attempt to deprive a human rights defender of the right to practice law has been met with a response from the international community. Representatives from "Front Line Defenders" were the first to call on the Russian government to:

 

  1. Revoke the planned exclusion of Emil Kurbedinov from the Crimean Bar Association;
  2. Immediately cease all further forms of legal persecution against Emil Kurbedinov; uphold their international obligations to human rights, as outlined in the United Nations Basic Principles on the Role of Lawyers, by respecting the independence of lawyers so that they can practice freely even when subjected to judicial or administrative persecution, and not be threatened with their means of existence;
  3. Ensure under any circumstances that all human rights defenders in Crimea are able to carry out their lawful human rights activities without fear of reprisals and without any restrictions.

 

On January 13, 2019, "Lawyers for Lawyers" - an international organization of lawyers - released information about the persecution of Emil. It was noted that there was pressure on the human rights defender who works in Crimea and actively defends the rights of Crimean Tatars who became a target for the authorities after the occupation of Crimea by the Russian Federation.

"Observatory for the Protection of Human Rights Defenders" in partnership with the "International Federation for Human Rights" (FIDH) and the "World Organization Against Torture" (OMCT) published information on January 15, 2019, about the need for intervention due to the lawyer Kurbedinov's exclusion from the profession.

FIDH also reacted by posting information on its website about the inevitable removal of Emil Kurbedinov's status as a lawyer. FIDH condemned the letter regarding Emil's exclusion from the Crimean Bar Association, stating that it was based on arbitrary grounds and aimed solely at punishing him for his lawful human rights activities. Human rights defenders called on the Russian authorities to stop all acts of persecution, including at the judicial level, against Kurbedinov and all human rights defenders.

The Office of the United Nations High Commissioner for Human Rights, in paragraphs 104-106 of the Report on the Human Rights Situation in Ukraine for the period of November 16, 2018, to February 15, 2019, stated that the case of Emil Kurbedinov reflects the general hostile attitude of the Russian authorities towards human rights defenders and civil activists. Lawyers who defend individuals in "sensitive" cases accused of extremism or terrorism in Crimea themselves risk facing similar charges. The UN Human Rights Office reiterates its conclusions regarding the pressure being exerted on members of the "Crimean Solidarity," an unregistered civic association that closely cooperates with lawyers on the peninsula. In the context of this situation in Crimea, the Russian government is recommended to take all necessary measures to ensure the independence of lawyers and provide lawyers and human rights defenders in Crimea, including Emil Kurbedinov, with the opportunity to perform their professional functions freely and without any intimidation, threats, repression or interference.

Ukrainian society has condemned attempts to pressure Ukrainian lawyer Emil Kurbedinov in Crimea. The media actively covered these events, and Ukrainian human rights organizations also took a clear position, condemning the so-called "Department of Justice of the Russian Federation in the Republic of Crimea's" appeal to exclude Emil from the bar association. In particular, the ZMINA Human Rights Center appealed on January 26, 2017, to take immediate action to respond to the repression against independent lawyers in occupied Crimea to the Government of Ukraine and international governmental human rights organizations.


The Prosecutor's Office of the Autonomous Republic of Crimea and the city of Sevastopol is conducting a pre-trial investigation into signs of criminal offenses under Articles 146 (illegal deprivation of liberty), 162 (violation of the inviolability of housing), and 397 (interference in the activities of a defender or representative of a person) of the Criminal Code of Ukraine in connection with the arrest of Emil Kurbedinov.

P.S.

On May 26, 2017, Emil Kurbedinov was awarded the Front Line Defenders International Award for Human Rights Defenders at Risk. That year, the jury selected 5 finalists out of 142 nominees from 56 countries.

The Ukrainian Helsinki Human Rights Union (UHHRU) is calling for an end to the persecution of lawyers in Crimea. In their study "Lawyers in Occupation," the UHHRU notes that the oppression of Crimean lawyers also occurred through coercion of those detained for political reasons not to seek assistance from independent lawyers. The names of Emil Kurbedinov and Edem Semedlyaev are mentioned among the latter. In order to obstruct them from carrying out their defense work, representatives of the occupation authorities held "conversations" with the head of the lawyers' council where they work.

Even the "Crimean Central Bar Association of the City of Simferopol" expressed disagreement with the letter from the Ministry of Justice of the Russian Federation in the Republic of Crimea dated December 18, 2018, and informed about the lack of legal grounds for excluding Emil Kurbedinov from the members of the lawyers' formation in a letter dated February 22, 2019.

The human rights organization "Human Rights Watch" also spoke out in defense of Emil Kurbedinov and emphasized that few human rights lawyers have the courage to work in Crimea today. The letter from the Russian Ministry of Justice to the Crimean lawyer in the international organization was regarded as one that threatens his profession.

However, the independent legal profession - one of the important elements of a fair justice system - has been destroyed in occupied Crimea. In fact, from the first weeks of the peninsula's seizure, the entire judicial system has been dependent on the illegally established "executive power" here. In a situation where the accused does not have access to lawyers capable of providing professional assistance, there is a gross violation of the right to defense. The accused is left alone with the aggressor state. This unequal position with the prosecution guarantees an unconditional conviction.

Systemic human rights violations are taking place in the newly occupied territories of Ukraine by the Russian Federation, as well as in Crimea. Due to active military actions, Russia has not been able to create a new judicial system everywhere, and arbitrary interference with human rights is taking place outside the judicial process. The application of Russian criminal legislation has allowed Russian investigators imported here to deprive people of their freedom without a court decision and without the right to judicial review of the grounds for deprivation of liberty and the need for further detention. Deprivation of the right to a fair trial does not allow for challenging torture, which has become a status of administrative practice as a means of obtaining self-incriminating testimony.

Published on 2023-03-03

Lawyer Andrii Yakovlev

Regional Center for Human Rights

Sources

Сторінка Еміля Курбедінова в соціальній мережі «Фейсбук». URL: Emil Kurbedinov. Front Line Defenders. URL: Допис Human Rights Watch на захист Еміля Курбедінова. «Russian Authorities Increase Pressure on Crimean Human Rights Lawyer». 2019. URL: Курбединов Эмиль: Правозащитное досьє. URL: Дослідження «Адвокаты в оккупации Ситуация с соблюдением прав адвокатов в условиях вооруженного конфликта в Украине. УГСПЛ, РЦПЛ, Стандарти прав людини в практиці адвокатів та суддів. 2018. URL: Дипис Української гельсінської спілки з прав людини з закликом припинити переслідування адвокатів в окупованому Криму. 2017. URL: Протокол адміністративного затримання Еміля Курбедінова від 26 січня 2017 року Протокол про доставку Еміля Курбедінова в Центр з протидії екстремізму в окупованому Криму від 26 січня 2017 року Постанова Залізничного районного суду м. Сімферополя від 26 січня 2017 року Застереження адвокату Емілю Курбедінова так званої прокуратури Криму від 25 жовтня 2018 року Лист так званого Управління Міністерства юстиції РФ по Республіці Крим від 18 грудня 2018 року Постанова Київського районного суду м. Сімферополя від 07 грудня 2018 року Лист Кримської центральної колегії адвокатів листом від 22 лютого 2019 року Постанова про відмову в порушення кримінальної справи від 14 серпня 2019 року Front Line Defenders. Ukraine: Risk of disbarment of human rights lawyer Emil Kurbedinov 2019. URL: The OMCT. Imminent disbarment of Mr. Emil Kurbedinov. 2019. URL: Lawyers for Lawyers. Imminent disbarment of Emil Kurbedinov. 2019. URL: FIDH Russia: Imminent disbarment of Emil Kurbedinov/2019. URL: Human Rights Watch. Russian Authorities Increase Pressure on Crimean Human Rights Lawyer. 2019. URL: Office of the United Nations High Commissioner for Human Rights Report on the human rights situation in Ukraine 16 November 2018 to 15 February 2019. 2019. URL: Видання Лівий берег. Мін'юст Росії зажадав виключити з колегії кримського адвоката Курбедінова. 2019. URL: Видання Українська правда. Мін'юст РФ вимагає виключити Курбедінова з кримської колегії адвокатів. 2019. URL: Центр прав людини ZMINA. Негайно припинити переслідування адвокатів в окупованому Криму!. 2017. URL: Сайт Прокуратури Автономної Республіки Крим. Інформація щодо розпочатого досудове розслідування щодо затримання та проведення обшуків житла українського адвоката Еміля Курбедінова 2017. URL: Презентація доповіді «Адвокатура в умовах окупації». УКМЦ 20.12.2018. URL:
Show all