equal rights for minority or marginalized groups.336 OSCE participating States have
committed to “remove all legal and other restrictions with respect to travel within
their territories for their own nationals and foreigners, and with respect to residence for those entitled to permanent residence, except those restrictions which
may be necessary and officially declared for military, safety, ecological or other
legitimate government interests, in accordance with their national laws, consistent with CSCE commitments and international human rights obligations. The participating States undertake to keep such restrictions to a minimum”.337
232. Preventing the access of human rights defenders to relevant sites – such as places
where assemblies or protests are held or where people are deprived of their liberty
– for the purpose of monitoring, reporting and other human rights activities, is
not a legitimate justification for restrictions in the context of this commitment. In
recognition of the importance of the work of human rights defenders in enhancing the implementation of human dimension commitments, participating States
should proactively facilitate the free movement of human rights defenders across
the territory of the state, including to remote regions, as required to effectively
pursue their human rights activities. They should also actively facilitate access of
human rights defenders to relevant sites to support human rights monitoring and
reporting.338
233. Entry regulations: Travel by human rights defenders to other participating States
to conduct human rights work, including advocacy, participation in meetings and
assemblies, monitoring and reporting, should be facilitated and welcomed. The
UN Human Rights Committee, for example, has noted in this regard that representatives of international organizations and NGOs, journalists and human rights
defenders should be allowed to enter and carry out their work in another country
336 According to the European Court of Human Rights, exclusion of an individual from a particular public
area, for example a city centre district, amounts to interference with the right to freedom of movement (see
Oliviera v. Netherlands, Application no. 33129/96, 6 November 2002). Also, preventing someone from leaving
their house and/or stopping them from leaving a particular area are also examples of interference with freedom of movement (see Ivanov v. Ukraine, Application no. 15007/02, 7 March 2007). In the case of Shimovolos
v. Russia (Application no. 30194/09, 21 June 2011) the Court also found a violation of Article 5 (right to liberty
and security) for an arrest of a human rights activist that, according to the authorities, was intended to prevent
the applicant from committing “offences of an extremist nature”. However, from the domestic judgements it
had transpired that the police measures against the applicant were taken because his name was registered in a
“Surveillance Database” (whenever a person mentioned in the database purchased a train or airplane ticket the
Interior Department of Transport received an automatic notification). According to the police attendance reports, the applicant was checked and arrested on the basis of information that an opposition rally was planned
in Samara and that the Interior Department considered it necessary to stop members of certain opposition organizations from taking part in that rally in order to prevent them from committing “unlawful and extremist
acts”. The Court also found a violation of the right to private life due to the applicant’s inclusion in the database,
which did not offer sufficient safeguards against abuse. See section on the Right to private life below.
337 Moscow 1991, para. 33.
338 This is consistent with the recommendations of international human rights bodies. The UN Committee
against Torture in its Concluding Observations on Belarus, for example, urged the state party “to grant access
to independent governmental and non-governmental organizations to all detention facilities in the country, including police lock-ups, pre-trial detention centres, security service premises, administrative detention areas,
detention units of medical and psychiatric institutions and prisons”, UN Doc. CAT/C/BLR/CO/4, 7 December
2011, para. 14. See also the section Right to participate in the conduct of public affairs above.
Guidelines on the Protection of Human Rights Defenders
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