Unlawful anti-extremism in October 2011

October 2011 was marked with one hand, a large number of wrongfully initiated criminal cases and new ban for extremist materials Falun Dafa, and on the other - commendable termination of one of the criminal cases in relation to the activists of the art group "War" and the lifting of the ban on the painting Alexandra Savko with Mickey Mouse instead Jesus Christ.

Criminal prosecution

So, in October 2011, we became aware of six maltreated criminal cases, one unlawful sentence handed down in Nizhny Novgorod group accused of organizing and participation in activities prohibited by extremism of the Nurcular organization. The defendants received various terms - from actual imprisonment for one one year before the deadline.

With accusations of organizing activities "Nurcular" is also connected and the case in relation to Ilkhom Merazhov and Kamil Odilov in Novosibirsk. Against the first a whole campaign was also unleashed in regional and federal media. Between meanwhile, neither the ban on the books of Said Nursi, nor the ban on mythical organization "Nurcular" was not legal. Moreover, persecution of Ilkhom Merazhov under part 1 Article 282.2 (organization of activities extremist organization) of the Criminal Code of the Russian Federation is actually a punishment for his active public position. Imam, Associate Professor Department of Mathematics, Siberian University consumer cooperation, Merazhov served as a public defender trial against Muslims accused in reading Nursi's books in Krasnoyarsk. Books Nursi in Turkish, seized during search at Merazhov's, are not included in the list prohibited (only translations are prohibited).

We would like to pay special attention another ill-advised case, or rather its incorrect classification as an extremist crime. Speech about the case against the deputy Sloboda District Duma of Kirovskaya area, owner of the National Reserve Corporation of Alexander Lebedev according to item "b" part 1 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism motivated hatred), filed for attacking on the famous businessman Sergey Polonsky live on TV. Not only is it not clear in what sense one rich man experiences social hatred for another political or ideological hatred is also out of the question, so as the defendants do not belong to any explicit and warring parties and currents). But the very fact of the presence in the article about hooliganism the motive of hatred causes serious doubts, since hooliganism by definition is done "simply Yes, it's a violation of the public order for the sake of the actual violation public order. This is nature hooligan crimes, and how we repeatedly wrote, the motive of hatred should be removed from Art. 213 of the Criminal Code of the Russian Federation.

We have mainly written about it in connection with the case against Oleg Vorotnikov and Leonid Nikolaev in St. Petersburg, for which in November 2010 proceedings were initiated under this article for artistic protest action "Palace coup." Claims in this case not reduced to the described shortcoming of the Criminal Code, but spread and to the very essence of the accusation: the investigation believed that Vorotnikov and Nikolaev acted on the basis of social hatred towards police officers. We happy to announce that common sense the consequence prevailed, guided by expert opinion, not recognizing militia by a social group, and instructions Decree of the Plenum of the Armed Forces of the Russian Federation No. 11 "On judicial practice in criminal cases about the crimes of extremist directions" dated June 28, 2011, closed cases against both activists on this episode.

Prohibition of materials for extremism

In October, we noted one illegal prohibition and abolition of another unlawful ban.

Pervomaisky District Court of Krasnodar granted the prosecutor's claim for a ban four material followers the spiritual practice of Falun Dafa for extremism. One of the materials is fundamental book "Zhuan Falun", the other three are human rights and information materials. court with lasted more than two years intermittently. Expertise, as far as we could tell according to the text of the study, not found in materials showing signs of extremism, for except for the use of the swastika, which, according to experts, is similar to Nazi to the point of confusion, although does not promote Nazism. According to our conviction, the prohibition of these materials illegal.

This is not the first court to ban these Falun Dafa materials. Previously the same the court has already recognized them as extremist, but this decision, without coming into force, was overturned by a higher court.

Another solution we can't not welcome, is the lifting of the ban paintings by Alexander Savko "Sermon on the Mount" from the series "Mickey Mouse's Journey Through History art" and the direction of business on a new review in the same Zhukovsky District Court of the Kaluga Region. In the new consideration of the claim of the prosecutor's office to the artist will be given the opportunity to defend his work (the first trial passed without his presence). Recall that we believe prohibition wrongful as an insult feelings of believers (and in fact the accusation been reduced to this) is not extremism according to the law.