In the Republic of Bashkortostan, a case has been initiated on organizing the activities of a terrorist organization against members of Hizb ut-Tahrir.
On February 26, 2014, it became known about the criminal case initiated by in relation to residents of the Bashkir city of Dyurtyuli, who are suspected of involvement in the activities of Hizb ut-Tahrir. For seven of them, According to preliminary data, a case was initiated under Art. 205.5 of the Criminal Code (organization of the activities of a terrorist organization and participation in it), which has entered effective at the end of 2013. This is the first case known to us of the use of this article of the Criminal Code.
The case is being investigated by the Federal Security Service of the Republic of Bashkortostan. reported about detention of Salakhov, Khusniyarov, Salimov and two other residents of Dyurtyuli.
On March 4, 2014, it became known that under Part. 1 and part 2 of Art. 205.5 of the Criminal Code (organization activities of a terrorist organization and participation in it) five members of Hizb ut-Tahrir are accused - Ilgiz Salakhov, Shamil Khusniyarov, Ilshat Salimov, Gazim Kutluyarov and Ruslan Asylov. According to other sources, Salakhov and Khusniyarov are charged under Article 205.5, while Salimov, Kutluyarov and Asylov are charged under Article 205.5. 205.1 (assistance to terrorist activities) and 205.2 of the Criminal Code (public calls for terrorist activities or public justification of terrorism).
We should recall our point of view on the persecution of members of Hizb ut-Tahrir". believe We that this organization was recognized by the Supreme Court of the Russian Federation terrorist in the absence of evidence of its involvement in terrorist activities, and therefore the persecution of its members precisely as terrorists is illegal. We also add that Art. 205.5 of the Criminal Code provides for much more severe sanctions than Art. 282.2 of the Criminal Code (organization of activities of a banned organization), under which, as a rule, members of Hizb ut-Tahrir were sentenced before the start of the new article of the Criminal Code. For organizing the activities of an organization recognized as terrorist, Art. 205.5 provides for punishment in the form of imprisonment for a term of 10 to 15 years with a fine of up to 1 million rubles, and for participation in the activities of such an organization - imprisonment for a term of 5 to 10 years with a fine of up to 500 thousand rubles.
However, although neither the teachings nor the practice of Hizb ut-Tahrir allow consider an organization terrorist, there are many features that allow one to treat movement wary and allowing the state to ban this organization. We share the opinion European Court of Human Rights (ECtHR), issued by it in March 2013 when considering the complaint of Y. Kasymakhunov and M. Saibatalov.
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