A/HRC/42/30 11/2018; 151 OTH 34/2018; A/HRC/40/60/Add.1, paras. 512 and 677). On 12 September 2018, the Government responded to the allegations by special procedures and noted a preliminary investigation into the harassment and a criminal case was refused on 28 April 2018 on the basis of “absence of a crime.” On 26 July 2018 this decision was overturned by the supervising procurator, and further investigations were ongoing. On 24 July 2019 the Government provided an update to OHCHR and noted that the investigation was ongoing. 88. In September 2018, in the context of the UPR of the Russian Federation, States made recommendations regarding restrictive legislation, in particular, laws on “foreign agents” and “undesirable” organizations (A/HRC/39/13, paras. 147.61–67; 147.83–95). Since 2012, the Russian Federation has adopted a number of laws and amendments that have reportedly had a direct impact on the willingness and ability of civil society actors to engage with international bodies, in particular with the UN. Human rights organizations have been impacted primarily by the application of laws and policies such as N 121-FZ Foreign Agent Law for Non-Commercial Organizations, adopted in July 2012 and amended in June 2016 (N 147-FZ and N 179-FZ). Since 2013, authorities have carried out multiple inspections of human rights organizations under suspicion of being an “NGO – foreign agent.” Such criteria have included the existence of foreign funding from any charitable foundation, including the UN, and “engagement in policy.” 89. The case of the Anti-Discrimination Centre Memorial (ADC Memorial) was included in the 2013 report of the Secretary-General when the Committee against Torture raised concerns at reported reprisals faced for providing information to the Committee in December 2012 (A/HRC/24/29, para. 31). The Government responded to the allegations, stating that activities of Russian law enforcement authorities regarding ADC Memorial, or any other non-profit organization, were carried out in accordance with the law and have nothing to do with reprisals (HRC/NONE/2013/102). 152 In August 2018, the Committee against Torture recalled the administrative case against ADC Memorial, regretting that the prosecutor’s office had reportedly referred to alternative reports sent to the Committee as a political activity justifying their registration as “foreign agents.” The Committee reiterated its recommendation that rights defenders, journalists and lawyers should not be subjected to reprisals for their communication with or provision of information to the United Nations treaty bodies, including the Committee (CAT/C/RUS/CO/6/ paras. 28 and 29 (c)). 90. On 24 July 2019, the Government provided an update to OHCHR. Regarding ADC Memorial, it noted that in 2013 the St. Petersburg Prosecutor’s Office reviewed the organization’s compliance with laws governing non-commercial organizations. It was found to have engaged in political activity while in receipt of foreign funding and to have failed to register with the justice authorities as a non-commercial organization performing the functions of a foreign agent. The Government stated that ADC Memorial did not agree with the measures taken in response and ceased operations on 11 April 2014. 91. As regards the recurrent criticism of Russian laws on foreign agents, the Government referred to the position taken in its national report to the May 2018 UPR and stated that the legislative requirements’ purpose was to ensure greater transparency. It noted that the obligation of a non-commercial organization performing the functions of a foreign agent to submit an application for inclusion in the relevant register did not: prevent it from receiving financial support from foreign and international organizations, foreign citizens or stateless persons; preclude it from participating in political activities in the Russian Federation; or discriminate against it by comparison to non-commercial organizations that do not receive foreign funding. It was also emphasized that Russian laws regulating the activities of non-commercial organizations performing the functions of foreign agents have recently undergone a significant revision in terms of what constitutes “political activity,” with more legal precision and several exclusions. 151 152 Response from Government: https://spcommreports.ohchr.org/TMResultsBase/ DownLoadFile?gId=34329. https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/TBSearch.aspx?Lang=en&TreatyID =1&DocTypeID=130. 61