June 5, 2012 Nadezhda's lawyer Tolokonnikova Mark Feigin published in his blog issued by Tolokonnikova 28 May 2012 the decision to bring as a defendant 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) in the participation in a punk action in the Cathedral of Christ the Savior.
As follows from the text of this preliminary indictment, Tolokonnikova is charged not only the motive of religious hatred, but also the motive of hatred towards the social group "Orthodox believers."
Let us reiterate that we believe wrongful accusation of members of Pussy Riot under a criminal article. We do not find in the actions of the participants actions in the Cathedral of Christ the Savior no signs of religious hatred, ie. hate to Orthodoxy, nor hatred towards its followers. Authors of the accompanying song Pussy Riot roller, in sharp expressions criticize the patriarch for supporting the authorities. But in the lyrics of the song contain not only no calls for violent action against the Orthodox, but even no criticism of Orthodoxy and believers. As for the behavior of the protesters in the temple, it could be qualified according to part 2 of Art. 5.26 of the Code of Administrative Offenses of the Russian Federation (insult religious feelings of citizens or the desecration of objects, signs and emblems of worldview symbolism).
However, we I would like to draw special attention to the nature of the document itself. It would seem that, resolution on engagement as accused is among the legal documents and should be based on legal argumentation based on the legislation of the Russian Federation. Meanwhile, the allegations which are put forward against Tolokonnikova in this document, obviously do not correspond Art. 14 of the Constitution, which establishes the secular nature of the state, and do not fall within the competence of the court. These are accusations of "opposing oneself Orthodox world" , "neglect of religious rules of conduct" , in " humiliation of the religious orientations of believing Orthodox citizens" , in "disrespect to society" through "opposing oneself in an Orthodox church society" , in "causing significant damage to sacred values Christian service" , "encroachment on the sacramental sacrament of the Church , "humiliation " in a blasphemous way of the age-old foundations and the fundamental guidelines of the ROC " . Building a charge in a criminal crime on such arguments reveals complete unprofessionalism consequences.
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