People imprisoned for "extremist" - nonconventional - "crimes": January 2015

"Crimes of extremist nature" represent a wide range of offenses going from hate-motivated murder to attempting to undertakes activities of an organisation banned for extremism. In this article we tried to name people who, according to "Sova" Center, are deprived of their liberty for non-violent actions and for other non-criminal offences (i.e. not actually "extremist"). Such a list was previously published on 24^th December 2013.

Here are the Articles from the Criminal Code of the Russian Federation that were used in the cases:

• 205-2 (Public calls for terrorist activity or public justification of terrorism);

• 212, part 3 (Calls to mass riots, or participation therein and likewise calls for violence against persons);

• 213, part 1, par. "b" (Gross violation of the public order which expresses patent contempt for society, based on political, ideological, racial, ethical or religious hatred or enmity, or based on hatred or enmity towards any social group); likewise part 2 of the same Article if it is based on par. "b" but not on par. "a" of part 1 (in other words, actions without actual violence);

• 214, part 2 (Vandalism motivated by hatred);

• 244, part 2, par. "b" (Outrages upon the bodies of the deceased, or destruction, or damage of burial places motivated by hatred);

• 280 (Public appeals for extremist activities);

• 282 (Incitement of hatred or enmity, or likewise abasement of human dignity)

• 282-1 (Organization of an extremist group)

• 282-2 (Organization of activities of a banned, extremist group).

There are other articles added to the Criminal Code in 2013-14, including articles on "insulting religious feelings", separatism, justification of Nazi crimes, etc.., but there have been no prosecutions under these articles to this day.

The list below does not include people convicted of racist attacks or for ordinary crimes, even if there is suspicion that accusations based on them have been falsified. Furthermore, we do not include in the list people whose imprisonment is an indisputable result of another crime committed during probation for a previous conviction involving violent racist actions or ordinary crimes, or in case of a new judgment pronounced while they were serving prison sentences for these same crimes.

The list does not include those who were not sentenced to prison, those who were released and those who are still under investigation, even if arrested. People convicted under several articles appear in the list under only one article.

This is a non-exhaustive list. Moreover, we do not always know if someone is released earlier on parole, it is thus possible that some people from the list are no longer in prison or that some sentences were recently successfully appealed.

The data currently available to us is limited to 31^st January 2015.

Art. 205-2

1. Vyacheslav Shabanov, Moscow: Convicted on 17^th December 2013 by the Kuzminsky District Court of Moscow (part 1, Art. 205-2 and part 1, Art. 282) to three years and four months in prison for systematic publication of texts and videos aimed at inciting hatred against non-Muslims and calling for terrorist activities.

2. Maria Shabalina, Minusinsk in Krasnoyarsk Krai: Convicted on 27^th November 2014 (part 1, Art. 205-2 in combination with part 1, Art. 205.1 - promoting terrorist activities) to five and half years in an ordinary-regime correctional colony for raising funds for an arrested "mujahedin" as well as for uploading videos related to it.

3. Mikhael Ture, Moscow: Convicted on 23^rd October 2014 (part 2, Art. 205-5 and part 1, Art. 280) to four years in an ordinary-regime correctional colony and to a fine of 90 thousand rubles (1200 EUR) for running the website and posting news of the activities of "Caucasus Emirate", as well as articles containing incitement to crimes motivated by religious hatred and enmity.

4. Boris Stomakhin, Moscow: Convicted on 22^nd April 2014 to six and a half years in prison (part 1, Art. 205-2; part 1, Art. 280 and part 1, Art. 282) for the articles he wrote and even for attempting to promote terrorism (part 2, Art. 205-2). Stomakhin had already served a five year sentence for similar charges.

Part 3, Art. 212

Incitement to mass riots:

1. Vladimir Kirpichnikov, Moscow: Sentenced on 8^th August 2012 to three years in an ordinary-regime correctional colony for taking part in the events at the Manege Square, Moscow, in 2010 (part 3, Art. 212 and part 1, Art. 282).

Art. 213

After an amnesty was granted on 18^th December 2013 everyone convicted under this Article for non-violent actions was released.

Art. 214

1. A 24-year-old man in Ivanovowas sentenced at the beginning of November 2014 to three years in an ordinary-regime correctional colony (part 1, Art. 282 and part 2, Art. 214) for drawing offensive graffiti on the fence, porch and facade of a mosque in June 2013 and for placing a pig's head on the fence of the mosque.

Art. 244

There is no conviction to imprisonment under this Article for those who have not committed common crimes (sic).

Art. 280

1. Ivan Rozenko, "Slavic Union", Sakhalin: On 26^th July 2010 he was sentenced to four years in a colony (Art. 282 and 282-1) because the group was not only involved in propaganda, but also in violent crimes and direct calls for violence. Rozenko was not convicted for any ordinary crime. (He was hiding in Belarus and in 2013 was handed over to authorities and arrested).

2. Murad Jabbarov, Novosibirsk: Lt. Jabbarov was sentenced in November 2013 for aggressive xenophobic propaganda on the Internet and in his military unit (part 1, Art. 280 and part 1, Art. 282) (possession of 0.7 grams of smoking drugs does not seem significant to us). The Novosibirsk Court sentenced Jabbarov to three and a half years in an ordinary-regime correctional colony and to a fine of 180 thousand rubles (2400 EUR).

3. A certain resident of Novgorod was sentenced on 4^th December 2013 (part 1, Art. 280 and part 1, Art. 282) to one year and ten months in a strict-regime correctional colony for incitement on the social website "VKontakte" to murder non-Slavic people.

Art. 282

1. Ruslan Bolurov, Kislovodsk: Sentenced in April 2013 to two years in a colony (part 2 "a", Art. 282) for threatening with a knife, shouting anti-Russian slogans and threats against Russian people in general during a personal conflict. (If Bolurov was taken into custody in the courtroom and not earlier, then he might still be in custody now).

2. A 28-year-old resident of Alexandrov, Vladimir Oblast: Sentenced in December 2014 (part 1, Art. 282) to one year in prison for publishing videos on social websites. We do not have more details.

3. A. Danilov, Saratov: Sentenced in early December 2014 (part 1, Art. 282) to two years in prison for anti-Caucasian videos and comments on social websites.

4. Alexander Filin, Sverdlovsk Oblast: Sentenced on 12^th September 2014 (part 1, Art. 282) to nine months in a strict-regime correctional colony for uploading three videos containing speeches given by Hitler and Nazi skinhead videos. (The strict-regime colony leads us to believe that it is not his first incrimination).

5. Maxim Marsinkevich (Tesak - Hatchet), Moscow: Convicted on 15^th August 2014 (part 2 "a", Art. 282) to five years in prison for posting on Internet tgree xenophobic videos. On 11^th November 2014, after a complaint, the Moscow Court changed part 2 to part 1 and reduced the sentence to two years and 10 months.

Art. 282-1

1. Valery Vdovenko, Moscow: Sentenced on 28^th January 2014 to two and a half years in prison (part 1, Art. 282-1) for participating in the creation of the "Northern Brotherhood" group. (His term officially starts on 7^th August 2014, the day he was arrested).

Art. 282-2

1. Rustem Safin, Kazan: The Imam of "Al-Ikhlas" Mosque, considered am extremist organization and therefore closed down, was sentenced on 24^th September 2013 by the Magistrates' Court of the 8^th Moscow district in Kazan to two years in an ordinary-regime correctional colony. Safin had already been on probation for participating in "Hizb ut-Tahrir" (HT).

1. On 21^st November 2013 the Chelyabinsk Regional Court sentenced five members of HT at once: Marat Bazarbaev, Rushat Valiev, Rinat Idelbaev and Vadim Nasyrov were sentenced to six years in a strict-regime correctional colony and a fine of 150 thousand rubles (2000 EUR), and Rinat Galiullin was sentenced to six and a half years in a strict-regime correctional colony with one year of actual imprisonment. In addition to Art. 282-2 (part 1 for Galiullin, part 2 for the others), they were also sentenced under Art. 205-1 (promoting terrorist activities) and even Art. 30 and Art. 278 (attempt to forcible seizure of power). But all these accusations are only based on the activities of the party cell and no other actions and so therefore we have included these people in our list. Idelbaev was additionally convicted under Art. 280, part 1.

2. On 30^th July 2014, the Moscow City Court issued a similar verdict regardingAzizbek Inamov, Shamil Ismailov, Saypul Kurbanov and Zikrulloh Rahmonhodzhaev for participating in HT. All four were charged under Art. 278, the first three under part 1, and Rahmonhodzhaev under part 2, Art. 282-2. Moreover, Inamov was found guilty under Art. 205.1, part 1 (i.e. enrolling people in HT) and Rahmonhodzhaev under Art. 222, part 1 (possession of firearms). They were sentenced respectively to 11, 8, 8 and 7 years in a strict-regime correctional colony.

3. On 18^th December 2014 the Vahitovski Court of Kazan sentenced Azat Hasanov,Ildar Shaikhutdinov and Ilmir Imaev to respectively six and half, five and a half and three and a half years in prison for participating in a picket against discrimination towards Muslims and for a rally with flags. They were all sentenced under Art. 282, part 2 and Art. 282-1, part 2 and Imaev under Art. 306, part 1 (knowingly false denunciation about a crime).

5. Vadim Habirov, Sibai (Bashkortostan): Sentenced on 25^th April 2014 (Art. 282-2, part 1) to two years in an ordinary-regime correctional colony for the creation of a HT cell (the members of the cell were sentenced to a fine).

Hence, 14 people were sentenced under Art. 205-2, 280, 282 and Art. 212, part 3 of the Criminal Code for "propaganda" per se. The retained statements of at least seven of them included clear calls for violence. In comparison with the 2012 list, more people were deprived of their liberty under Art. 282 in 2014 (one person back then). One individual among the 14 was imprisoned for ideological vandalism.

Only members of "Hizb ut-Tahrir" were imprisoned for participating in a banned, extremist organisation. There are at least 14 of them in total, which is more than in 2012 (there might be cases that we are not aware of).

Thus, according to our data (considering that some people were sentenced under several Articles):

Art. 205-2 4 people

Art. 212, part 3 1 person

Art. 214 1 person

Art. 280 6 people

Art. 282 15 people

Art. 282-1 5 people

Art. 282-2 14 people

Total - 29 people. Two years ago, there were 20.

Translation Russian-English by Irina Loutfoullina

(Human Rights Without Frontiers)