The Litvinenko Inquiry

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Part: 5 Alexander Litvinenko’s final months Chapter 1: Introduction 5.1 The summer and early autumn of 2006 saw a number of developments in the themes that I have set out above, developments that I will consider before turning in the next Part to the events that immediately preceded Mr Litvinenko’s death. 85
The Litvinenko Inquiry Chapter 2: The 2006 Russian laws 5.2 Two laws passed through the Russian legislative process in the first part of 2006, to which I shall refer as ‘the 2006 laws’. At the time, some perceived the 2006 laws as a means by which President Putin might take action against the dissident community outside Russia, including in the UK. It is necessary to consider whether such fears may have been justified, and whether their enactment is a factor of any significance in the death of Mr Litvinenko. 5.3 I heard oral evidence on these matters from a number of witnesses. Following the conclusion of the hearings, I instructed Drew Holiner, an expert in Russian law, to prepare a report on the meaning and effect of the 2006 laws. He produced a report dated 4 August 2015, which I have adduced into evidence. 1 The 2006 laws 5.4 The first of the 2006 laws was Federal Law no.35-FZ of 2006 – On Counteraction of Terrorism (hereafter ‘the Terrorism Law’). 2 It was adopted by the State Duma on 26 February 2006, endorsed by the Federation Council on 1 March 2006 and signed into law by President Putin on 6 March 2006. The Terrorism Law runs to some 17 pages and reads as a code providing for anti-terrorism measures to be taken by Russian forces. One of the striking features of the Terrorism Law is that it makes provision for Russian forces to take action against terrorism beyond the borders of the Russian Federation. 5.5 The Terrorism Law contemplates anti-terrorism action being taken both by Russia’s armed forces, and also by the “federal security service” – i.e. the FSB. I shall return below to address questions as to the roles that each was intended to play under the legislation, and the limits on their statutory functions. 5.6 The second of the 2006 laws was not, like the first, a piece of freestanding legislation but was an amendment to the Federal Law of 25 July 2002 On Counteracting Extremist Activity. The bill containing the amendment was approved by the State Duma on 8 July 2006 and by the Federation Council on 14 July 2006. It received Presidential approval on 27 July 2006. I shall refer to this amendment as ‘the Extremism Law’. 5.7 The Extremism Law contained an expansive list of activity that was to constitute extremism for the purposes of the statute. The list is set out in full in Appendix C to Mr Holiner’s report 3 (an abbreviated version of the list is included in Professor Service’s first report). The list includes: “(a) the activity of public and religious associations or other organisations, or the editorial board of a medium of mass communication, or physical persons as to the planning, organising, preparation and implementation of acts directed at: Violent change to the constitutional order and territorial integrity of the Russian Federation; Undermining of the security of the Russian Federation; 1 INQ022399 2 A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 3 INQ022399 (pages 23-24) 86
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