January 25, 2013 in Oktyabrsky the district court of Arkhangelsk held a regular meeting in the case initiated under Part 1 of Art. 282 UK (incitement of hatred or enmity, as well as humiliation of human dignity) v. Ivan Moseev, Director of the Pomor Institute of Indigenous and Minorities Peoples of the Northern Arctic Federal University, President of the Association Pomors of the Arkhangelsk region. Recall, according to investigators, Moseev left a comment on the website of the news agency "Echo of the North" under the nickname "Pomory", insulting ethnic Russians. From our point of view, the statement left on the Ekho Severa website, which served as a reason for initiating a criminal case, can be attributed to hate speech, but it in no way gives grounds for criminal prosecution.
Initiated by the defense as an expert in Tatyana Sidorova, Professor of the Department of Russian Language and Speech Institute of Philology and Intercultural Communication of the Northern Arctic Federal University named after Lomonosov. She drew attention to the numerous shortcomings of linguistic analysis in the expert opinion, drawn up on the case by Natalya Oskolkova, an expert of the Laboratory Linguistic Marketing at the Department of Linguistics of the Humanitarian Institute branch of the Northern Arctic Federal University. In addition, and Sidorova, and Moseev's lawyer Ramil Akhmetgaliev drew attention to the fact that questions to the expert were formulated by the investigator incorrectly, and, in As a result, the expert linguist provided answers to legal questions that lay outside her competencies, namely:
"1. Is the information left on the site www.echosevera.ru by the user with the name (login) “POMORY”... aimed at inciting hatred or enmity, as well as humiliating human dignity or groups of persons on the basis of sex, race, nationality, language, origin, attitude to religion, as well as belonging to any social group, committed publicly or with the use of the media?
2. Does the information left on the site testify to extremist the views of its author?
Sidorova and Akhmetgaliev reminded about the existence of the decision of the Plenum of the Supreme Court of the Russian Federation “On Judicial Practice in Criminal Cases of Crimes extremist orientation”, according to which “ when appointing forensic examinations in cases of extremist crimes are not allowed to be brought before an expert on legal issues that are not within his competence, related to the assessment acts, the resolution of which is within the exclusive competence of the court. IN In particular, experts cannot be asked whether the whether the text contains calls for extremist activity, whether information materials to incite hatred or enmity" .
The court announced that the decision on the petition defense to exclude the examination of Oskolkova from the case file and recognizing it as inadmissible evidence will be accepted upon sentencing.
Following The hearing in the Moseev case is scheduled for January 30, 2013.
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