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1. On the growing effect/impact of counterterrorism policies on the humanitarian space: Especially over the past two decades, the counterterrorism space has seen an expansive growth in terms of policies and frameworks to curb acts of terrorism and hold terrorists accountable. How are these measures formulated from the Russian perspective, keeping in mind the need to protect the humanitarian space as well as other general human rights standards?
First of all, I would like to emphasize that the expansion of the counterterrorism legal framework in the Russian Federation is a direct response of our country to changing and evolving terrorist threats which have become over the recent years extraordinarily sophisticated and multifaceted: terrorists are complicating their tactics, resorting actively to information communication technologies, and using propaganda with the aim of disseminating radical ideas and recruiting newcomers. In this regard, the Russian law-making activity in the prevention of counterterrorism is reasoned by the aspiration of our government to effectively respond to real terrorism-related threats, and, despite all fears, is not aimed at “overregulating” this sphere, with the Russian Federation as one of the world leaders in counterterrorism having elaborated an extremely detailed and practicable counterterrorism legal framework.
The fundamental principles to which the Russian Federation adheres whilst preventing and countering terrorism include the principle of the maintenance and protection of human rights and fundamental freedoms of a person and a citizen, the principle of legality, and the principle of the protection of rights of victims of terrorism (these principles are envisaged amongst the first in Article 2 of the Federal Law of the Russian Federation of 6 March 2006 No. 35-FZ “On Countering Terrorism”). All these regulations entirely correspond to Article 18 of the Constitution of the Russian Federation (which is part of Chapter 2 thereof, which is not subject to amendments), which says that rights and freedoms of a person and a citizen shall be directly operative; they determine the essence, meaning, and implementation of laws, the activities of the legislative and executive and local authorities, and shall be ensured by the administration of justice.
However, the enjoyment of human rights, with the exception of certain so-called absolute rights (such as the right to be free from torture), can always be subject to derogations,...