July 2011. Unlawful anti-extremism: results of the month

In July we recorded one dubious criminal charge and several administrative courts decisions, and sometimes the courts rejected false accusations of extremism, but more often still supported. especially it should be noted that the Federal Migration Service has been involved in persecution for the "extremism" of the trade union activist.

Criminal prosecution

July was relatively quiet month in this regard. We can note only one case in which, we think it was wrong applied anti-extremist legislation. It means criminal case against 13 young people whose investigation was completed from the city of Miass, Chelyabinsk region. They are accused of attacking visitors rock festival "Tornado" in August last year. We have no reason doubt the legitimacy of them accusations of organizing and participating in mass riots (parts 1, 2, art. 212 of the Criminal Code RF), however, they are also accused under paragraphs. "a, c" part 2 of Art. 282 of the Criminal Code of the Russian Federation (inciting hatred towards a social group committed with the use of violence, organized group). At the same time, the social group which they aroused hatred is "fans of rock music".

In our opinion, the use anti-extremist legislation in this case is not justified. First, it is doubtful that lovers rock music can be seen as separate social group. Secondly, in our opinion, the list of vulnerable groups, protected by anti-extremist legislation, should not be arbitrarily expand. Overly expansive interpretation of this list leads, for example, to the fact that anti-extremist legislation is used to protection of groups such as "nationalists" or "police officers".

Administrative persecution

In July 2011, one case and two indictments wrongful conviction in violation of Art. 20.29 Administrative Code of the Russian Federation (storage in distribution or dissemination extremist materials). One of them concerns a Jehovah's Witness in Rostovskaya area, the other - the director of the library in Yekaterinburg, in whose fund were banned books found.

Note the acquittal rendered in Lipetsk in respect of entrepreneur who sells awards times of Nazi Germany. He was accused according to part 1 of Art. 20.3 of the Code of Administrative Offenses ("Propaganda and public display of Nazi paraphernalia or symbols"). Court rightly judged that was absent in the actions of the antiquary installation for propaganda of Nazism.

Prohibition of materials for extremism

Federal Court of the Soviet District city ​​of Krasnoyarsk recognized in July extremist pamphlet of Said Nursi "Twenty-Five Medicines" and books the same author of "The Way of the Sunnah" and "The Twenty-Third Word". foundation for the ban was the fact that the texts of these books are identical to those previously banned without proper reason to Nursi's books.

In July it became known about the ban Zavodskoy District Court of Kemerovo two brochures of Jehovah's Witnesses: "Religion - stronghold of the world?" and "Be zealous to true worship." As in October 2010, when the same court prohibited other materials of Jehovah's Witnesses, up to publication of the update of the Federal list of extremist materials on website of the Ministry of Justice no one, including representatives the most religious organization, did not know about this ban.

We also note the claim of the city prosecutor's office Tarusa (Kaluga region) on recognition extremist material picture Alexandra Savko "Sermon on the Mount" from the series "Mickey Mouse's Journey through history of art", exhibited at the famous exhibition "Forbidden art-2006". The prosecutor's office believes that "the work contains graphic information calling for the implementation extremist activities, in particular inferiority is promoted person on the basis of his religious affiliation or relation to religion, in this case Orthodox believers . Savko's work is a modified engraving Julius Schnorr von Karolsfeld with a scene Sermon on the Mount, where the figure of Christ replaced by Mickey Mouse. Recall that anti-extremist legislation does not protect ideas or feelings, it protects the state and society from a number of threats, most often associated with violence, as well as people from a number of discriminatory practitioner In our opinion, it is obvious that this picture does not carry such threats.

Other illegal actions of the authorities

In July we ran into cases again links to "extremist" context of such a topic as illegal migration. Participated in Kemerovo Center E in an operation to catch illegal migrants. Employees in the Samara region the police received information about inadmissibility of violation of the anti-extremist legislation due to the fact that territory under their jurisdiction worked illegal migrants. Meanwhile, in both cases caught illegal immigrants were not guilty of nothing that would fall under definition of extremist activity.

We would like to pay special attention the case of trade unionist Dmitry Dubonos, a citizen of Ukraine, living in Arkhangelsk. He is married to a Russian citizen and had until recently residence permit in Russia. However, the view residence permit was canceled with a strange wording that Dubonos acts for "violently changing the foundations constitutional system of the Russian Federation". Attempt appeal in court the annulment of the type residency failed, as did the attempt find out what exactly Dubonos is dangerous for for the constitutional order. Employees The Federal Migration Service and the FSB reported in court that these information constitutes the state secret. Probably the reason was trade union activities of Dubonos in two organizations in which he is chairman: "Primary trade union organization of employees of the Arkhangelsk mechanized distance loading and unloading operations and commercial operations" and "Territorial trade union of workers organizations using migrant labor Arkhangelsk region". Dmitry Dubonos intends to appeal the decision court that upheld the annulment his residence permit.