The case of anti-fascists in Nizhny Novgorod

In mid-January, it became known that in December 2011 local antifa activists Artyom Bystrov, Pavel Krivonosov, Oleg Gembaruk, Albert Gainutdinov and Dmitry Kolesov were charged in Nizhny Novgorod. All of them are charged under Part 2 of Art. 282.1 of the Criminal Code (participation in an extremist community), part 2 of Art. 213 (hooliganism committed by an organized group of persons or associated with resistance to a representative of the authorities), paragraph "b" part 2 of Art. 115 and p. "b" part 2 of Art. 116 (respectively, intentional infliction of minor bodily harm and beatings motivated by hatred or enmity against a social group), taking into account Part 3 of Art. 35 (commission of a crime by an organized group). All defendants in the case are charged with three episodes of clashes with "representatives of social groups of skinheads, football fans." , a modem, computers, a pair of pants, a patch with the inscription "Antifaschistische Aktion", a certificate of a certain organization "Antifa-RASH" and other "materials of extremist content prohibited for civil circulation." According to the investigation, in January 2007, a a kind of "extremist community", which is "a close-knit, stable, organized group of persons for the preparation and commission of extremist crimes." The goals of the group are: "propaganda of the ideas of a violent change in the state system as a manifestation of fascism", "establishment of anarchy" and "use of violence based on ideological hatred and enmity against social groups" skinheads, football fans "and" wealthy citizens of Russia "". An interesting point of accusation are "measures to evade criminal and administrative responsibility": "in no case give evidence, do not disclose the data of accomplices, notify the lawyer about the detention." Meanwhile, the defense claims that the prosecution against Bystrov, Krivonosov, Gembaruk, Gainutdinov and Kolesov was fabricated by the initiator of the case, the Center for Combating Extremism of the Main Directorate of the Ministry of Internal Affairs of Russia for the Nizhny Novgorod Region, under the leadership of the investigator, Lieutenant Colonel of Justice E.V. Blinova. information that their testimony was obtained under psychological pressure from the employees of the "E" center. In addition, according to the defense, "Antifa-RASH" IDs were planted on the defendants (RASH, that is, Red & Anarchist Skinheads - a radical anti-fascist movement widespread in many countries). Lawyer Dmitry Dinze states that the two defendants, Bystrov and Krivonosov, successfully passed a polygraph examination. There are numerous violations committed by the police during the investigation of the case, including psychological pressure on the defendants in the case: threats of criminal prosecution and physical violence in case of refusal to cooperate with the investigation and confirmation of the testimony prepared in advance. For example, Anton Tarasov, Bystrov's lawyer, said that in the investigator's office, his client was asked to confess in order to remain at large under a written undertaking not to leave, otherwise the investigators promised to secure his detention. However, thanks to the efforts of lawyers during the preliminary investigation, their clients were not taken into custody. accused, as well as the appointment of a new comprehensive forensic examination in the case. We also note that on January 19, 2012, after laying flowers as part of the anti-fascist action in memory of Stanislav Markelov and Anastasia Baburova in Nizhny Novgorod, CPE officers detained two activists, one of whom, Alexander Cherny, is undergoing witness in the case of Nizhny Novgorod anti-fascists. One of the detainees was released, and Cherny was taken for another interrogation in the case, which lasted about four hours and was accompanied by beatings. Both detainees reported the incident to the police and recorded the injuries in the forensic medical examination bureau. The SOVA Center considers it necessary to pay attention to two aspects of this case. First, the evidence under Art. 282.1 should be conducted through the establishment of facts of organized activities aimed at committing crimes of an extremist orientation, and not be based on circumstantial evidence such as anti-fascist patches or "certificates" of an informal youth group (even if we assume that they made such strange certificates). Secondly, we we repeat again that the legislation, if it does not contain a specific list of protected social groups, cannot protect social groups defined as it is convenient for the investigation. It is quite clear, for example, that the group, which the investigation defines as "red skinheads", could not be guided by hatred of "skinheads" in general. It is necessary to refuse to present the motive of hatred towards such social groups. Sources

• Jenny Kurpin. Center "E" atakue // Novaya Gazeta in Nizhny Novgorod. 2012. January 20.
• 12-01-20
• Inc. inf.