The Russian members of the band face persecution for their public criticism of the Russian government if Thailand deports them to Russia, Human Rights Watch said in a release issued yesterday (Jan 30).
“The Thai authorities should immediately release the detained members of Bi-2 and allow them to go on their way,” said Elaine Pearson, Asia director at Human Rights Watch.
“Under no circumstances should they be deported to Russia, where they could face arrest or worse for their outspoken criticisms of Russian President Vladimir Putin and Russia’s war in Ukraine,” she added.
Thai police arrested the seven band members for allegedly performing a concert without the proper work authorisations and later moved them to an immigration detention center pending deportation, the release noted.
Bi-2’s seven members include Russian citizens as well as dual nationals of Russia and other countries, including Israel and Australia.
Bi-2 posted a Facebook statement on Sunday (Jan 28) that Thai police had detained the group on Jan 24, shortly after they performed a concert in Phuket. The police alleged that the men did not have the correct legal permits to perform at a show in Thailand and seized their passports.
On Jan 25, after spending the night in detention the court ordered them to pay a fine, which the group said they paid on the same day.
The band stated in its Facebook post that during their members’ interactions with police and at the court, they were not provided with an interpreter, and they did not understand the Thai-language court documents related to their case.
The group members were then transferred from Phuket to an immigration detention center in Bangkok, where they are awaiting deportation to their respective countries of origin.
In a post on Telegram on Sunday, the band explained, “Now we are in the detention center of the migration police of Phuket Island, Thailand.”
“The concert on January 24 in Phuket went great, but after it we were detained by the police: the reason for the detention was the documents that were filled out incorrectly by the organisers.
“It is important to note that all Bi-2 concerts are conducted in accordance with local laws and practices. Last year we successfully played more than 60 concerts in three dozen countries, including two shows in Thailand.
Naturally, recent concerts in Pattaya and Phuket were also held officially, with the involvement of local organisers and compliance with all necessary safety requirements for the event.
The first night of detention as at a police station, the band explained.
“All members of the group, including citizens of Russia, Israel and Australia, were detained. The soloists and founders of the group, Lyova and Shura, are not citizens of the Russian Federation.
“The next day, a trial was held: a decision was made on a fine, which was paid on the spot. Unfortunately, during the trial we were not provided with an interpreter, and we did not have the opportunity to familiarize ourselves with the contents of the documents in the case.
“This was not the end of the unfortunate story of the violation. After the trial, we were detained by the Thai migration police, under whose supervision we are awaiting a solution to the issue related to our stay in the country.
“We have not been charged with any additional charges. The situation and the noise around it suggest that outside pressure played a significant role in our detention. We know that the reasons for this pressure are our creativity, our views, our position,” the band explained.
“At the moment we are awaiting a transfer to Bangkok, where the issue of our stay in Thailand should be finally resolved. We are in touch with the Israeli Foreign Ministry, its representatives in Thailand are participating in resolving the situation. At the same time, the Australian consul who came to our place of detention was not allowed to see us.
“We thank our fans for their participation and support. We cannot compete in the rate of fire with the toxic propaganda machine, but as far as possible we will inform about what is happening to us,” the band concluded.
Human Rights Watch in their release noted that The Russian government views the group as a threat to national security. Following their detention in Thailand, Maria Zakharova, the Russian Foreign Ministry spokesperson, said that the group had allegedly “sponsored terrorism” by condemning Russia and publicly supporting Ukraine.
In July 2022, a member of the Russian parliament accused the band members of “discrediting [the Russian] military” and called on the head of the Federal Security Service to open a criminal investigation into their “anti-Russian stance” and “discreditation” attempts.
In May 2023, Russia’s Justice Ministry designated the frontman of the band, Egor Bortnik (whose stage name is Leva), a “foreign agent” for “opposing the ‘special military operation’ in Ukraine, [and] making negative statements about Russia, its citizens and authorities”, Human Rights Watch noted.
Bi-2 said in their statement on Facebook that “outside [Russian] pressure played a significant role in our detention. We know that the reason for this pressure is [retaliation] for our creativity, our views, our position”.
It is not known if the Russian authorities have sought the band members’ forcible return to Russia. However, amid repression in Russia reaching new heights, Russian authorities have used transnational repression ‒ abuses committed against nationals beyond a government’s jurisdiction ‒ to target activists and government critics abroad with violence and other unlawful actions, Human Rights Watch said.
As a party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Thailand has an international legal obligation not to forcibly return anyone who would face the threat of torture if returned, the agency explained.
In February 2023, Thailand’s Act on Prevention and Suppression of Torture and Enforced Disappearances codified this obligation in domestic law. The law stipulates that the authorities shall not “expel, return, or extradite a person to another State, if there are substantial grounds for believing that the person would be in danger of being subjected to torture, to cruel, inhuman, or degrading treatment, or to enforced disappearance.”
The Thai government should not deport any of the band members to Russia. If forcibly returned, they would most likely face arbitrary arrest and detention, possible mistreatment in custody, politically motivated criminal charges, and unfair trials, Human Rights Watch said.
“There’s grave concern that the Russian authorities seek to punish these artists for speaking out against the Kremlin and criticizing Russia’s war against Ukraine,” Ms Pearson said. “The Thai government should not permit the deportation of these activists to a place where they are likely to face persecution.”