The Litvinenko Inquiry

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)
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