Unlawful anti-extremism in March 2012

We publish a review of the main and most significant events in the field of misuse of anti-extremist legislation in Russia in March 2012.  Rulemaking

On March 21, 2012, the draft federal law "On Amendments to Article 22.1 of the Federal Law "On State Registration of Legal persons and individual entrepreneurs" and articles 331 and 351.1 of the Labor Code of the Russian Federation" passed the second reading in the State Duma, and on March 28 it was approved by the Federation Council. Please note that the bill provides for a ban on with minors for those who have committed the crimes provided for in Ch. 29 UK Russian Federation (Crimes against the foundations of the constitutional order and state security, art. 275-284). In itself, this measure is in line with established practice in relation to held criminally liable. But, since, according to the articles of the Criminal Code, within the possible scope of a future law, often wrongful sentences, we fear that victims of misuse anti-extremist legislation may face even greater defeat in rights.

Criminal prosecution

In early March, the Moscow Prosecutor's Office filed a criminal case under Part 3 of Art. 212 of the Criminal Code of the Russian Federation (calls for mass riots) against journalist and social activist Arkady Babchenko. Case was instituted at the request of the head of the Orthodox movement corps "Nashi", member of the Public Chamber Boris Yakemenko. Reason for initiation of the case was the entry that Babchenko made in his blog in February, a few days before the next rally "For Fair Elections". From our point of view, Babchenko in his text does not call for any action, which can be called riots in the sense of Art. 212 of the Criminal Code, and the hypothetical police resistance is seen as a ridiculous scenario.

At the end of March it became known that in Yuzhno-Sakhalinsk against a local resident a criminal case was initiated under Part 1 of Art. 282 of the Criminal Code of the Russian Federation (inciting hatred or enmity, as well as the humiliation of human dignity on the basis of belonging to a social group). He is suspected of posting on his website in the summer of 2011 page on the VKontakte network, an article calling for hostile action against police officers. Again the police are seen as falling for the protection of anti-extremist legislation "social group".

Further development was received in March high-profile case of the punk band Pussy Riot, initiated on the fact of the action in Cathedral of Christ the Savior. Three girls who are suspected of participating in punk prayer service - Nadezhda Tolokonnikova, Maria Alyokhina and Ekaterina Samutsevich - were arrested until April 24, they were charged under Part 2 of Art. 213 UK RF (hooliganism, committed by a group of persons by prior agreement). Undoubtedly, within the meaning of Art. 213 of the Criminal Code, while some hate motive is implied, since Pussy Riot weapons were not used, but hatred for which particular group is not specified.

At the end of March, the case under Part 1 and Part 2 of Art. 282.2 (organization and participation in the activities of a banned organization) of the Criminal Code of the Russian Federation against 12 activists "Other Russia" in St. Petersburg. They are accused of participating in activities of the banned National Bolshevik Party.

IN The Chelyabinsk Regional Court began the trial of the pogrom at a rock festival "Tornado" in August 2010 in Miass, Chelyabinsk region. Before 13 people appeared in court, three of whom are accused under Part 1 of Art. 212 (organization of riots) and paragraphs. "a" and "c" part 2 of Art. 282 of the Criminal Code of the Russian Federation (actions aimed at inciting hatred or enmity, with use of violence by an organized group). We believe that the pogromists wrongfully charged with inciting hatred against amateurs rock music, which can hardly be considered a separate social group, requiring protection under anti-extremist legislation.

In Nizhny Novgorod at the end of the month it was completed investigation of the case under Part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism committed by a group of persons by prior conspiracy motivated by hatred) about setting fire to the building of the reception MP from United Russia Vadim Zhuk. two teenagers accused of hooliganism motivated by hatred towards members of a social group "deputies of the party" United Russia "", while the deputies from any party to an even lesser extent can be considered a social group, than lovers of rock music.

Prohibition of materials for extremism

Several judgments were passed in March on the refusal to ban materials for extremism, which cannot but be welcomed.

In the second half of the month, the Supreme Court of the Republic of Tatarstan overturned the decision Naberezhnye Chelny City Court dated August 24, 2011 on recognition extremist 13 materials of Scientologists. The case was returned to the city court Naberezhnye Chelny for a new review.

At the end of March, the Sakhalin Regional Court overturned the decision of Makarovsky District Court of the Sakhalin Region, which in October 2011 recognized extremist series of texts of Jehovah's Witnesses. The case was directed to reconsideration in the Makarovsky District Court.

Finally, on March 21, 2012, the Tomsk Regional Court refused to recognize the book "Bhagavad Gita. As It Is" as extremist Bhakti Vedanta by Swami Prabhupada - a commentary on the Bhagavad Gita, which is simultaneously the main doctrinal text of the Hare Krishnas. Thus, it was set point in this high-profile case, which caused an international outcry.