Unlawful anti-extremism in June 2012

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

June 7, 2012 to the State Duma was submitted a draft law "On Amendments to the Federal Law "On protection of children from information harmful to their health and development" and Certain Legislative Acts of the Russian Federation". In particular, it provides for the creation of a unified registry of domains and websites on which posted information prohibited for distribution in Russia. In addition to sites with pornographic information or images, drug propaganda, psychotropic substances and suicides, the register should include "another posted on the Internet prohibited for distribution in the Russian Federation information - on on the basis of a court decision that has entered into legal force on the recognition of information prohibited for distribution" . The mechanism for creating the registry remains unclear, and the mechanism of its functioning is ill-conceived. On the one hand, this raises doubts about the effectiveness of the registry, and on the other hand, it can lead to as an unjustified blocking of access to many sites, especially not Russian, as their administrators are unlikely to promptly remove content at the request of Russian law enforcement agencies (now legally reason, the history of blocking YouTube may repeat itself). The bill was sent for consideration to the State Duma Committee on Family, Women and Children.

June 9, 2012 after publication in Rossiyskaya Gazeta officially entered into force signed on June 8, 2012 by the President of the Russian Federation, the Federal Law of the Russian Federation of June 8, 2012 No. 65-FZ "On Amendments to the Code of the Russian Federation on administrative offenses and the Federal Law "On meetings, rallies, demonstrations, processions and picketing". Among other things, the adopted law does not allow persons who have unexpunged or outstanding conviction under a number of articles of the Criminal Code and the Code of Administrative Offenses, including articles relating to anti-extremist legislation. Such a limitation seems to us justified for some of these articles, but at least controversial to others. It should also be noted that according to anti-extremist articles a significant number of wrongful sentences are handed down.

June 25, 2012 was made public bill "On Amendments to Certain Legislative Acts in part of improving the legal regulation of countering extremist activity", developed by the Ministry of Telecom and Mass Communications of Russia (may be included in if approved by the government). The document provides for amendments in a number of articles of the Code of Administrative Offenses, the law "On the Mass Media" and the law "On Counteracting extremist activity". The bill equates to the dissemination extremist materials posting hyperlinks to these materials on the Internet, which seems to us a dangerous measure leading to the restriction of freedom of speech. In addition, it is planned to introduce Art. 20.31 (implementation by mass media of extremist activities), imposing heavy fines on the media for spreading extremist materials. The wording of the article actually repeats the wording of Art.Article. 282 and 205.2 of the Criminal Code, which creates an unacceptable situation of legal uncertainty instead of creating a "soft alternative" to criminal persecution. At the same time, article 13.15 The Code of Administrative Offenses is proposed to be supplemented with a note stating that liability for violations articles 20.3, 20.29 and 20.31 of the Code of Administrative Offenses are carried by the editors of the media as legal entities. Thus, in particular, it will be possible suspension of the activities of the media just for the links found on its website on extremist materials, including in the comments of readers.

positive side The draft law seems to limit the effect of Art. 20.3 of the Code of Administrative Offenses (propaganda and public demonstration of Nazi paraphernalia and symbols) in those cases when it is about propaganda or justification Nazism and fascism, and making appropriate changes to the Federal Law "On countering extremist activity." We also welcome the proposal to remove from this Federal Law the most odious procedures for terminating the activities of the media for extremism.

20 June 2012 European Commission for democracy through law at the Council of Europe (Venice Commission) promulgated "Opinion" on the Federal Law of the Russian Federation No. 114-FZ "On countering extremist activity". The document was adopted at the 91st plenary meeting commission on June 15–16, 2012. The Commission recommended that federal law a number of amendments to clarify and change the definition of extremism and related terms, as well as a number of other procedures. main source arbitrariness and abuse of anti-extremist legislation, according to the Commission, is that the number of extremist offenses includes such that are not associated with violence or with calls for violence. too wide and unclear definition, as well as arbitrary application of the law, give rise to excessive severe restrictions on fundamental rights and freedoms enshrined in the European human rights conventions (in particular arts. 6, 9, 10 and 11) and violates principles of legality, necessity and proportionality. Due to this The Commission recommended that the Russian side bring the legislation into line compliance with the European Convention on Human Rights and offered its help and assistance in this work.

Criminal prosecution

In the second half of June, the Leninsky District Court Vladivostok recognized the activists of the movement "Another Russia" Igor Popov and Alexander Kurov guilty under part 280 (public calls for extremist activity), Part 1, Art. 282 (excitement social hatred) and Part 2 of Art. 282.2 (participation in an extremist organization) of the Criminal Code of the Russian Federation and sentenced them to a fine: Popov - 150 thousand rubles, Kurov - 350 thousand rubles. Popov and Kurov were accused of membership in the NBP banned for extremism, as well as inciting hatred against representatives of the authorities and law enforcement agencies. We don't count lawful persecution for membership in the NBP, since the ban on the party for extremism, from our point of view, is illegal. Note that the law does not define what kind of actions should be considered continuation of the activities of one or another banned organization, and therefore there is no grounds to regard the activities of the "Other Russia" as a continuation activities of the NBP. We do not have complete data on the nature of the charges under Art. 280 and 282 of the Criminal Code, but we want to emphasize that representatives of the authorities and law enforcement agencies should not be considered as a social group, in need of special protection of anti-extremist legislation: their protect other articles of Russian legislation.

In early June, the Investigative Committee of the Russian Federation announced that the Military Investigation Department The Investigative Committee of the Russian Federation for the Severomorsky garrison initiated a criminal case under Part 2 of Art. 282.2 of the Criminal Code of the Russian Federation (participation in the activities of an extremist organization) in relation to two officers of the Northern Fleet, who are suspected of participating in the activities of the NBP. The officers are accused of since 2011 they have been participating in the meetings of the Murmansk branch "Another Russia". For similar For reasons we consider this accusation to be unfounded.

At the beginning of the month, the investigation into the action case was completed. punk bands Pussy Riot in the Cathedral of Christ the Savior. The accused and the defense proceeded to familiarize themselves with case materials. On the same days, Nadezhda Tolokonnikova's lawyer published the text of the letter issued to her on May 28, 2012 decision to bring as accused under Part. 2 Article. 213 Criminal Code of the Russian Federation (hooliganism committed by a group of persons by prior agreement on motives of religious and hatred towards the social group "Orthodox believers"). Argument the investigator is struck by the abundance of religious terminology with a lack of actual legal considerations. The accusations that are brought against Tolokonnikova in this document do not comply with Art. 14 of the Constitution establishing the secular nature of the State, and do not fall within the competence of the court. Part of the materials of the Pussy Riot case was separated into a separate proceeding and sent to the Investigative Committee for verification of the presence in the actions members of a punk group signs of Article 282 of the Criminal Code of the Russian Federation (inciting hatred or hostility, as well as the humiliation of human dignity). And although the charge under Art. 282 cannot be later brought against Tolokonnikova, Alyokhina and Samutsevich for action in the Cathedral of Christ the Savior, since for the same act it is impossible condemn twice, it can be brought against the same persons for their other actions or individuals who supported Pussy Riot. At the end of June, the period of arrest for the accused was extended until 24 July.

Administrative persecution

In the middle of the month The prosecutor's office of the Kursk region announced that the justice of the peace of the court No. 1 of the city of Zheleznogorsk sentenced local resident Sandra Kytina to a fine according to part 1 of Art. 20.3 of the Code of Administrative Offenses of the Russian Federation (propaganda and public demonstration of Nazi symbols) for posting on a web page "VKontakte" "images of high-ranking officials of the state in military uniform with the image Nazi swastika and the state emblem of Nazi Germany " . Recall that from our point of view, the legislation should provide for punishment only for the promotion of Nazi symbols, and not for any demonstration of it (with which Now the Ministry of Telecom and Mass Communications agrees).

Prohibition of materials for extremism

In mid-June 2012, it became known about the March decision of the Leninsky District Court of Orenburg on recognition as extremist materials of 68 books, brochures and articles seized during a search from a resident of Orenburg Asylzhan Kelmukhambetov, convicted in June 2011 under Part 1 of Art. 282.2 CC Russian Federation (organization of the activities of an extremist organization) for the creation of a cell "Nurcular". Among 68 materials there are books of the largest Russian publishing houses specializing in Muslim literature: "Garden", "New Garden", "Umma", "New World", "Dilya", "Ansar", "Kaynak". The court banned almost the entire library confiscated during the search from Kelmukhambetov en masse on that grounds that this literature is allegedly characteristic of " representatives "Nurcular " movement, " the group that belonged to seized library, refers to the international movement "Nurcular ", and the content of the texts is aimed at " changing the subjective reality personality, its system of values ​​and beliefs, relationships in society, with this is an attempt to subconsciously influence the psyche and influence on the mechanisms of faith, that is, the formation of perceived values ​​and irrational beliefs ". Recall, we do not believe lawful prohibition of the works of Nursi, which do not contain any extreme statements, as well as the Nurcular organization, which did not exist in Russia. Respectively, we also oppose the persecution of individual believers who study Nursi's books. However, in this case, we are talking not only about Nursi's books: at the same time, other Muslim books were recognized as extremist. religious works: collections of hadiths of the prophet of Islam Muhammad "40 hadiths" and "Gardens of the Righteous" by Imam al-Nawawi, a multi-volume work Osman Nuri Topbash "The history of the prophets in the light of the Holy Quran", transcription of the Koran for children, etc. Among the banned - the book "Fortress Muslim", published by Aslambek Ezhaev, regarding which there is a conclusion that there are no signs of extremism. June 25, 2012 members of the Civic Chamber sent a petition for the restoration of the term for appeal against a court decision.

In early June, it became known about the recognition extremist two more Muslim writings that do not contain, from our point of view opinion, extreme statements: in Astrakhan, books were recognized as extremist Nasir ibn Hamad Al-Ammar "Call" (Publishing House "BADR") and Saleh bin Fawzan al-Fawzan "Friendship and non-involvement in Islam" (Saudi Arabia-Baku: Sharg-Gharb, 1996). Both books, by court order, are subject to confiscation and destruction.

On June 22, 2012, the Abakan City Court recognized extremist material No. 1073-1074 of the newspaper "Easter of the Third Rome", which is published in Vyksa, Nizhny Novgorod Region, with the blessing of the defrocked Bishop Diomede (Dzyuban). In 2008, the Synod of the Russian Orthodox Church recognized this newspaper as harmful to the church and dividing Christian. According to the conclusion of the examination, on the basis of which the prosecutor's office filed a lawsuit, the issue of the newspaper " contains information that may serve as an ideological basis for the formation of radical religious views and contains statements that contribute to the emergence and spread of feelings of dislike for non-Christian religious denominations, as well as statements that promote superiority and inferiority citizens on the basis of religious affiliation, an attempt to create conflicts between citizens of different faiths ." After reading the texts of their indicated issues of the newspaper, we came to the conclusion that they are quite typical for extremely conservative supporters of Bishop Diomede, who consider Patriarch Kirill heretic, are distinguished by pronounced anti-ecumenism and are directed mainly against Catholics, however, signs of incitement to hostility or calls for violence, we are in them not found.

Recognition as extremist of the above religious writings, unfortunately, fit into the recent time the absurd practice of banning religious writings just because they the authors are convinced of the truth and uniqueness of their faith.

Meanwhile, in June, the Church of Scientology Moscow, the Control Center Dianetics and Scientology Propagation Activities, Publishing Group New Era, as well as several individuals, filed a complaint with European Court of Human Rights (ECtHR). The complaint alleges a violation of Art. 6 (right to a fair trial), Art. 9 (freedom of conscience, thoughts and religion), Art. 10 (freedom of expression) and Art. 14 (ban discrimination) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Scientologists appealed to the Strasbourg Court after the Moscow the district court upheld the decision Shchelkovsky city court (Moscow region), which left without consideration cassation appeals of the applicants against the decision to initiate criminal proceedings according to part 1 of Art. 282 of the Criminal Code of the Russian Federation (inciting religious hatred) in fact distribution of Ron Hubbard's books.