Translated material
With confiscation
The State Duma approved a new concept for the fight against terrorism
A year and a half after the Beslan tragedy, the State Duma fulfilled the president’s instructions given hot on the heels of the worst terrorist attack in Russian history and, in fact, approved a new concept of the fight against terrorism. Yesterday, the Duma adopted in the first reading amendments to a number of legislative acts aimed at strengthening the fight against terrorism. The amendments were prepared by the Duma Security Committee. According to the new concept, the institution of property confiscation will be returned to practice, the media will be limited in covering terrorist attacks, and the FSB, on the contrary, will be given almost unlimited powers in confronting terrorists or those whom the competent authorities consider such.In particular, changes are being made to the law “On the Mass Media”. The law establishes a ban on the dissemination in the media of “information that reveals the tactics of a counter-terrorism operation or that poses a threat to the life and health of people.” This formulation allows for a very broad interpretation.
Amendments to the law “On the FSB” make the fight against terrorism an independent area of activity for this department. The document also stipulates the right to use, by decision of the head of state, units of special forces of the FSB against terrorists and their bases located outside of Russia.
In addition, the Duma returned the institution of confiscation of property as a punishment to the Criminal Code. The amendments approved by deputies establish the right, by court decision, to confiscate the property of terrorists “obtained as a result of committing a crime or used to finance terrorism.” The second part of the wording, if it remains unchanged, allows it to be interpreted very broadly. The bill also provides that tools, equipment or other means of committing crimes of a terrorist nature may be confiscated in favor of the state. When confiscating property, the issue of compensation for damage caused to the victim must first be resolved. Although, as tragic practice shows, during high-profile terrorist attacks their perpetrators die, and there is simply no one to compensate for the damage.
As Vladimir Vasilyev, chairman of the Duma Security Committee, told reporters, deputies are obligated to adopt such a law (with provisions for confiscation of property) by the Council of Europe Anti-Corruption Convention, which Russia recently ratified. “I think that in the future there will be an institution of confiscation in Russian legislation. After all, we signed the convention. But confiscation will not be arbitrary. It will be carried out in a civilized manner, within the framework of international legislation,” Mr. Vasiliev promised.
There is absolute unity in the Duma on the issue of confiscation. Deputies only disagree on which articles to apply such a penalty. Deputies will consider this issue when preparing the bill for the second reading. So far, the positions of the Security Committee and the Committee on Civil, Criminal, Arbitration and Procedural Legislation are somewhat divergent.
The bill also criminalizes public calls for terrorism or public justification of terrorism. The Safety Committee also explains the adoption of this norm by the requirements of the Council of Europe convention.
In addition, the possibility of conviction in absentia of persons involved in terrorism is provided if they are outside the country. In accordance with the existing international practice of sentencing in absentia, it is also established that the participation of a defense lawyer in absentee proceedings is mandatory. A defense attorney is invited by the defendant. In the absence of a defense attorney invited by the defendant, the court takes measures to appoint one. But if it becomes possible to consider a criminal case in the presence of a convicted person, a sentence or ruling passed in absentia is canceled by way of supervisory review at the request of the convicted person or his defense attorney. And the trial in this case is carried out first in the usual manner.