Unlawful anti-extremism in February 2013

We publish an overview of the main and most significant events in the field of illegal application of anti-extremist legislation in Russia in February 2013. Rulemaking

February 22, 2013 the State Duma of the Russian Federation in the first reading was adopted a draft "anti-extremist" amendments to the Federal the law "On freedom of conscience and on religious associations" and the Labor RF code. According to the draft law, a ban is introduced on participation in religious associations of persons, in relation to who have information about their involvement in extremist activities or terrorism, as well as foreign citizens or stateless persons, in in respect of whom a decision has been made on the undesirability of their stay or residence in Russia. This requirement duplicates the already existing legislation . about NCOs , however, in relation to religious associations, the concept of participation extremely vague, which leaves room for abuse.

The project also gives the subjects of the Federation the right to establish their own requirements for religious education of personnel of religious organizations, including clergy (in Tatarstan has already adopted such a law ). Such regional laws are the grossest interference in the affairs religious associations. The undisguised purpose of this measure is to expel from mosques imams educated in Arab countries. It is clear that the ban on foreign education of clergy is discriminatory and will hit at the same time Catholics, Jews and many others.

Civil Litigation

At the end of February The Novosibirsk Regional Court recognized the religious organization "Allya ayat" ("Elle Ayat") extremist and banned its activities. Recall that the followers of "Alla ayat" offered a cure for all diseases with the help of some texts and applying a magazine to sore spots "Star of the Selena". IN against the leader of this organization, a criminal case was previously opened under Article 159 of the Criminal Code of the Russian Federation (fraud). Examination conducted at the initiative of the prosecutor's office by employees Novosibirsk Clinical Psychiatric Hospital No. 3, showed that " adepts religious group used methods of psychological influence on citizens, harmful to the physical and mental health of a person . Perhaps this is so, but such activities do not fall under the operation of legislation on extremism. According to experts, printed materials and videos "Alla ayat" promote the superiority of adherents religious group over other people and form negative attitudes towards relation to world religions. However, all this, from our point of view, is not reason to ban the organization for extremism. As a reminder, according to a 2011 Supreme Court ruling, "criticism political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious practices should not in itself be regarded as an act, intended to incite hatred or enmity . "

Criminal prosecution

At the beginning of February it became aware of the initiation of a criminal case under Part 1 of Art. 282 of the Criminal Code of the Russian Federation (inciting hatred or enmity, as well as humiliation of human dignity) in relation to a teacher of history and social science at one of the Ufa lyceums in Guzalia Galimova. Galimova was charged with a sharp statement about the behavior of Russian women in Turkish resorts. From our point view, there was no reason for criminal prosecution in this case: incitement of hatred the words of the teacher did not pull, and the humiliation of dignity we We consider it an offense of minor gravity, which should be excluded from composition of the criminal article.

At the end of the month, the SU TFR for The Republic of Tatarstan was informed about the initiation of a criminal case under Part 1 of Art. 282 of the Criminal Code against a resident of Almetievsk Vladislav Zakirova. He is charged with distributing videos on social networks, containing a negative assessment of "certain national confessional group" . We did not have the opportunity check out the videos mentioned. However, if the matter is valid only in evaluations, it should be remembered that the distribution of evaluations in itself not subject to Art. 282.

In mid-February, the court of the Soviet District Court of Kazan sentenced Pavel Khotulev to a fine of 100 thousand rubles under Art. 282 of the Criminal Code of the Russian Federation for what he published on the social network "My World", in the community "Russian language in the schools of Tatarstan" several anti-Tatar comments. According to media reports, Khotulev insisted that the study the Tatar language in schools should be voluntary, and the Russian language should teach in the same volume as in other regions, and criticized local authorities. We were able to get acquainted with only a part of the replicas that became the subject of trial, they contain signs of incitement to hatred, on our look is not contained. Khotulev intends to challenge the decision of the court.

In early February, in the October World Court district of Novosibirsk at the first hearing on the case, initiated under Part 1 of Art. 282.2 (organization of activities of extremist organization) against Imams Ilkhom Merazhov and Kamil Odilov, it was announced closing indictment. Merazhov and Odilov are accused of being organized the activities of a banned religious association in Novosibirsk "Nurcular". The activities of the accused, who created a home madrasah, allegedly financed from the territory of Turkey and was aimed "to change the state device of the Russian Federation" . Note that in fact the only the reason for the persecution of Merazhov and Odilov is the fact that they studied with other Muslims of Nursi's book. As a reminder, we do not consider it legal the ban on the books of Said Nursi, nor the ban on the "Nurcular" association, which did not exist at all in Russia: here only individual believers study books Nursi, and today these people are regularly faced with unreasonable persecution.

So, in mid-February in Naberezhnye Chelny officers of the Ministry of Internal Affairs and the Federal Security Service of the Russian Federation conducted 23 searches in the apartments of Said's followers Nursi. According to law enforcement officers, during the searches, a large amount of literature, computers, disk drives and teaching materials. As a result of the searches, two criminal cases were initiated under Part 1 of Art. 282.2 of the Criminal Code in against a man and a woman who allegedly coordinated activity of "male" and "female" "underground madrasahs". The man is reported arrested, woman placed under house arrest.

At the beginning of the month in The European Court of Human Rights filed a complaint "Hope Tolokonnikova, Maria Alyokhina and Ekaterina Samutsevich v. Russia. Lawyers for three members of Pussy Riot Yonko Grozev and Irina Khrunova indicate that the group's case is connected with the violation of several articles of the European Convention on Human Rights: the right Tolokonnikova, Alekhina and Samutsevich to freedom of speech, freedom and personal integrity and a fair trial, as well as the article of the Convention prohibiting torture.

Administrative persecution

In February against the owners of three stores, selling Muslim literature, cases were initiated under Art. Art. 20.29 Administrative Code (production and distribution of extremist materials) - two in Chechnya and one in Karachay-Cherkessia. In two cases out of three it is known for certain that the owners stores suffered for selling books from number of 68 Muslim works banned in March 2012 by the Leninsky Court Orenburg. Recall that the case of the ban on these books, which we consider illegal, should be reviewed as soon as possible.

At the beginning of February it became it is known that in Ulan-Ude, by decision of the Soviet District Court, were confiscated with the aim of further destroying the awards from the time of the Third Reich - four crosses with a swastika, which were exhibited in the window of one of the city's pawnshops. We We believe that the decision to confiscate the awards was made unlawfully. Because the Art. 20.3 of the Code of Administrative Offenses (propaganda and public display of Nazi paraphernalia or symbols) on which the case was initiated against the owner of the pawnshop, prohibits any display of Nazi symbols, the entrepreneur should sentenced to a fine and oblige to remove the awards from the windows. decision to confiscate the owner of the pawnshop awards that represented for him material value, and not a propaganda tool, is unjustified. It seems inappropriate and the destruction of crosses, since they also have historical value and could be donated to the museum.

Prohibition of materials for extremism

In early February, it became known that the Central District Court Kaliningrad recognized as extremist materials 14 books and 2 brochures of Said Nursi. The decision of the court entered into force. Literature from the collected works "Risale-i Nur" was seized during a search from a resident of Kaliningrad, in in relation to which the case is being investigated under Part 1 of Art. 282.2 of the Criminal Code. Judgment, as is often the case happens recently, banned en masse, without understanding, all confiscated during searching literature. As a result, four of Nursi's books were banned under the second, and two more - for the third time.