Anti-fascist Igor Kharchenko was charged

In mid-June, it became known that on June 1, 2012, the anti-fascist from Moscow to Igor Kharchenko, the person involved in the case about the attack on ultra-right activists Vladlen Sumin and V. Zhidousov on July 4 2010, charged under Part 2 of Art. 282.1 of the Criminal Code of the Russian Federation (participation in the activities of an extremist communities).

In addition, Kharchenko is charged under Part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism committed with the use of objects used as weapons organized by a group motivated by social hatred), Art. 111 (intentional infliction of grievous bodily harm) and Art. 115 of the Criminal Code (intentional minor bodily injury). Is the motive of hatred imputed under Art. 111 and 115, unknown.

Along with Kharchenko, the accused in the case was Denis Solopov, who was hiding in Ukraine and received in July 2011 political asylum in the Netherlands. To date, the case against Solopov has been suspended; he himself insists on a 100% alibi, claiming that he was abroad that day; Kharchenko's defense also presented an alibi: at the time of the crime, he was on the stage of the club, but the relevant evidence was not taken into account.

We consider the charge brought against Kharchenko illegal. First of all, proof under Art. 282.1 must be conducted through establishing the facts of organized activities aimed at committing extremist crimes. Recall according to the Decree Plenum of the Supreme Court of the Russian Federation No. 11 "On judicial practice in criminal cases on crimes of an extremist orientation" dated June 28, 2011, under the extremist community "should be understood as a stable group of persons, in advance united to prepare or commit one or more crimes extremist orientation, characterized by the presence in its composition organizer (leader), stability of the composition, coordination of actions its members in order to realize common criminal intentions" . However, in this case, one accused under Article 282-1 appears in the case, other members of the group have not been identified and, thus, there is no evidence of the existence of an extremist community.

In addition, we oppose the inclusion of nationalists in list of social groups protected by anti-extremist legislation, as they are not a vulnerable social group in need of protection, and act for the exclusion of the vague concept of "social group" from the anti-extremist articles.

Sources

• Skovoroda Egor, Prusenkova Nadezhda. Anti-fascists are trying to outlaw // New Newspaper. 2012. June 15.