14 MAY 2024
Human rights activist Olga Begretova filed a lawsuit against the FSB
Table of contents
In November 2022, border guards forced human rights activist Olga Begretova to undergo fingerprinting, photographed her, and took biological material. She filed a complaint about the border guards’ abuse of power, but first the Investigative Committee and then the court refused to open a case against the human rights activist. To find out why the border guards were collecting her data, Olga Begretova sent a statement to the FSB Directorate for the Kabardino-Balkarian Republic. And again, she was refused. Then Olga decided to file a lawsuit against the FSB.
Briefly about the case
On November 18, 2022, a border control officer at the Mineralnye Vody airport detained Olga Begretova as she was about to fly to Istanbul. Begretova was escorted to an office, questioned, forced to undergo fingerprinting, had her face and profile photographed, had biological material taken from her mouth, and had her phone confiscated. In response to the human rights activist’s questions, one of the border service officers referred to the Law “On the FSB of Russia” and Government Resolution No. 50 of February 2, 2005 – he claimed that she had no right to refuse their demands.
Olga Begretova did not agree with the legality of the border guards’ actions and filed a complaint with the investigative authorities about the checkpoint employee’s abuse of power. The case was registered only after a complaint was filed with the court. In September 2023, the Investigative Committee refused to initiate a criminal case, justifying the refusal by the fact that the border guards were carrying out the FSB’s instructions for the Kabardino-Balkarian Republic.
Olga Begretova filed a complaint with the court again. The hearing took place on December 4, 2023, in the Pyatigorsk Garrison Military Court. Her complaint was again denied. According to the court’s decision, Olga Begretova “was identified during border control, as she was listed in operational assignments.”
Application to the UFSB
Fingerprinting, taking biological material, taking photographs, examining the phone – all this indicates that operational and investigative measures were carried out against Olga Begretova. The human rights activist applied to the FSB Directorate of Russia for Kabardino-Balkaria with a statement. In it, she asked to provide her with information about the information received about her during operational and investigative measures. However, on February 8, 2024, she received a refusal. The FSB justified it by the fact that operational and investigative measures were not carried out against Begretova.
The human rights activist does not agree with the decision of the FSB. The fact that fingerprinting, taking biological material, photographing, and examining the phone were carried out as part of the execution of an operational order of the FSB of Russia for the Kabardino-Balkarian Republic is confirmed by the ruling of the Pyatigorsk Garrison Military Court of December 4, 2023, which rejected Olga Begretova’s complaint against the actions of the border guards. The human rights activist considers the FSB’s refusal to be illegal and unfounded, violating her right to access information related to her identity.
Lawsuit against the FSB
On May 3, 2024, Olga Begretova filed a claim with the Nalchik City Court. In it, she asks to recognize as illegal the refusal of the FSB Directorate for the Kabardino-Balkarian Republic to provide her with information about the information obtained about her during operational and investigative activities. She also asks to oblige the FSB to eliminate the violations committed.
In the statement, Olga Begretova indicated that:
- operational investigative measures were carried out on November 18, 2022. Considering that the maximum period for a procedural review according to the law is 30 days and there is no information about the initiation of a criminal case, a decision should have been made to refuse to initiate a criminal case;
- in accordance with Article 5 of the Federal Law “On Operational Investigative Activities”, she, as a person against whom a criminal case has not been opened, has the right to receive information about herself within the limits permitted by the requirements of secrecy and excluding the possibility of disclosure of state secrets;
- In order to comply with the requirements of secrecy and non-disclosure of state secrets, in her appeal to the defendant, Olga Begretova asked to provide only information about the information received about her, and not operational materials.
Thus, the refusal of the UFSB for the Kabardino-Balkarian Republic does not comply with the requirements of Article 24 of the Constitution and Article 5 of the Law “On Operational Investigative Activities”.
The trial is scheduled for May 31, 2024.
https://memorialcenter.org/news/pravozashhitnicza-olga-begretova-napravila-isk-k-fsb#content-heading-9
