We often discuss Russia after authoritarianism, but transitioning to democracy requires concrete steps and a clear vision for the future. This document is the first in a series on models for the transitional period and the future democratic structure of our country.
A group of leading Russian human rights advocates, with the participation of political prisoners released as part of a historic exchange in August this year, has developed a strategy that can be practically implemented at the first opportunity.
The release should occur in accordance with legal procedures based on acts adopted by authorized bodies, immediately after the end of the war and the change of political regime.
Our proposed steps are based on the principle that it is better to release the guilty than to leave the innocent behind bars. The aim is to free those whose imprisonment is unacceptable as quickly as possible.
Most convicted individuals can be released after repealing unconstitutional articles of the Russian Criminal Code (e.g., collaboration with “undesirable” organizations, failure to fulfill “foreign agent” requirements, calls for sanctions, denial of territorial integrity), amending other laws, and overturning unlawful bans on organizational activities. This primarily concerns “extremist” and “terrorist” articles that have affected peaceful political groups like FBK, Vesna, the Omsk Civil Association, LGBTQ+ representatives, and religious organizations.
Additionally, under humanitarian law, individuals detained without charges and Ukrainian prisoners of war must be released. Amnesty is also proposed for those charged or convicted for public statements, even radical or aggressive ones, and acts related to the war, such as sabotage or state treason, provided no deliberate violence against persons was involved.
Other cases will require individual review, with options for clemency. Amnesty or clemency does not preclude subsequent case reviews for rehabilitation purposes.
We propose establishing a special temporary Commission to oversee this process. This Commission will:
Draft legislative amendments and amnesty acts.
Initiate legislation and propose cases for judicial review.
Represent the state in court to overturn rulings (e.g., declaring organizations “extremist”).
Participate in cases, assess political motives in criminal cases, prepare pardon lists, and identify those subjected to politically motivated medical measures.
The Commission will also monitor the reform’s implementation, with access to closed institutions, and investigate and publish information on political repressions. It will gather and verify claims of political persecution.
The Commission’s structure is detailed in the report and will include:
Expert representation from human rights organizations, independent media, and civil and academic communities.
Experience from former political prisoners and persecuted groups.
Collaboration with government bodies, political leaders, and international experts.
Transparency and public accountability.
The Commission will involve professionals from both the diaspora and those who remained active within the country. It will work closely with civil society.
Many politically motivated convictions are based on flawed judicial decisions. Key rulings, such as banning Jehovah’s Witnesses, declaring Navalny supporters an extremist group, and designating Hizb ut-Tahrir a terrorist organization, must be reviewed by the Supreme Court as soon as possible. Politically motivated mandatory medical measures should also be reconsidered.
The section “Restoration of Rights” outlines general approaches to reinstating property and other rights violated due to political persecution. It also identifies restrictions to be lifted, such as removal from the Rosfinmonitoring registry, restoration of passive electoral rights, unblocking bank accounts, and other limitations.
and other anonymous contributors
With contributions from Andrei Pivovarov, Sergey Lukashevsky, Olga Romanova, Vera Chelishcheva, and Boris Grozovsky.
