Translated material
Freedom of Assembly (March 3-10)
system
Ombudsman Lukin considers the dispersal of inconsistent shares unreasonable
“The Commissioner for Human Rights in the Russian Federation Vladimir Lukin called the dispersal of protest shares illegal. "According to the positions of the Constitutional Court of the Russian Federation, the disagreement of a public action in itself or its spontaneity does not mean its illegality and does not entail the consequences in the form of acceleration," the statement published on the Lukin website said. The Ombudsman cited an inconsistent rally in Manezhnaya Square on March 23, which gathered about 300 people. According to him, the square was fenced, and the movement on it was not carried out, the protesters did not create any obstacles to ordinary citizens. Nevertheless, the police began to disperse the audience and detained most of them. Lukin added that metropolitan police often hide icons with identification numbers, arbitrarily enclosing the territory and create obstacles for the free passage of citizens on the streets and squares. The Commissioner for Human Rights believes that the police arbitrarily detains participants in inconsistent shares and passers -by. "A group of police officers consisting of 5 - 10 people wedges into the crowd and grabs the first people who came to hand, often random passers -by," Lukin said. He also accused the law enforcement officers of distorting data on detention reports. Police officers use identical, pre -printed reports, which already indicate the plot of the sane offense, and it remains only to enter the personal data of the detainee. Thus, the actual circumstances of the incident are distorted. According to Lukin, the detention is often carried out by some police officers, and the reports make up others, often not at all present at the protest. Lukin also noted that in the police departments to the detainees are inaccessible. "Police departments are not adapted for the maintenance and documentation of a large number of persons. This leads to exceeding the detention, non -weighting with hot food of citizens detained for a period of more than three hours, disabilities of lawyers and prohibition of calls to relatives," the Ombudsman complained. "The reason for the noted violations lies not so much in organizing the activities of the police as in the final assessment of its actions by the court as part of the consideration of an administrative case," the authorized person said.
He stated that there is no competition in the administrative process, the court is carried out by the court. "This situation must be changed, because it is not compatible with the practice of the rule of law," the Ombudsman said. "
Amnesty International accuses the Russian authorities of
The site "Amnesty International", March 7 :
“After Vladimir Putin returned to the presidential post in May 2012, the right to freedom of assembly is in Russia under constantly increasing pressure, it is impossible to count cases throughout the country, when the authorities did not give permission to hold protest promotions or dispersed them without any legal grounds. A week after the end of the Olympic Games in Sochi, more than 600 peaceful demonstrators were detained in Sochi alone - not counting dozens of detainees throughout the country, on Thursday, March 6, Amnesty International. The reasons for the latest protests were the sentencing to the peaceful demonstrators accused in the framework of the “Swamp case”, the judicial persecution of the recently detained demonstrators and the commissioning of troops into the territory of the Ukrainian Autonomous Republic of Crimea. At least ten people were sentenced to administrative arrests for "refusing to submit to the legal requirements of police officers," although they just tried to peacefully take advantage of their rights to expression of opinions and freedom of assembly. Even more trials over the detainees, but subsequently released demonstrators are expected next week, and they will most likely be accompanied by new examples of giving false testimonies by law enforcement officials and conscious ignoring the proofs of innocence. Amnesty International considers everyone who was detained for the peaceful exercise of their right to freedom of assembly, prisoners of conscience and requires their immediate and unconditional liberation. Hundreds of peaceful demonstrators are threatened by predatory penalties for violating the rules of mass assemblies after they were arrested during the last peaceful protests. ”
Representatives of other human rights organizations note increased pressure on participants in inconsistent shares
“According to Russian human rights activists, the pressure on the participants in street shares has recently intensified recently. As the head of the “public verdict” Natalya Taubina stated by Kommersant, the Moscow courts are increasingly applying amendments adopted in 2012, which tightened the law “On rallies”, punishing the detained with large fines. Previously, this was done mainly with the leaders of the opposition: for example, Alexei Navalny for participating in an unauthorized action in December 2012 was fined 30 thousand rubles. Now ordinary participants in street manifestations are fined by 10-15 thousand rubles, they say at the OVD-Info and Public Verdict. “At the same time, many are just waiting for the courts, and it is unclear whether these amounts will increase. In addition, we first celebrate the number of detainees: the police began to take into the auto -zaks just at random. I think so tough sanctions are the reaction of the authorities to Ukrainian events, ”says Mrs. Taubina. The coordinator of the Rosuznik project, Sergei Vlasov, also believes that the authorities are trying to reduce the number of participants in the protests: “But it all depends on how people will react. We launch a project for partial compensation for fines, and also plan to rebuild our work on administrative cases so that in the end to win in the Strasbourg Court. “You can say as much as strict or excessive fines, but we live in a rule of law,” commented on the statements of human rights activists the head of the State Duma Committee on Public Associations, Yaroslav Nilov (LDPR). “While these norms are in the law, they need to be fulfilled.”
The youth human rights movement is asked by the Constitutional Court to verify the law of St. Petersburg about rallies
“A participant in the international youth human rights movement Alexander Porruk filed a complaint with the Constitutional Court of the Russian Federation against the law of St. Petersburg“ On rallies ”, the activist himself told Baltinfo. A member of the human rights organization asks to verify the constitutionality of the articles of the law that limit the holding of mass events in the Palace and Isaac's squares, on Nevsky Prospekt, at the authorities and institutions, as well as objects of transport infrastructure. According to Alexander, the tag violating the right to freedom of assembly, as well as the inconsistency of the requirement of a proportional and reasonable restriction of the rights and legitimate interests of citizens in order to protect the foundations of the constitutional system, morality, health, ensure the defense of the country and security. “The Mr.'s complaint was recorded on February 28 and is now in a preliminary study,” the Baltinfo correspondent in the Constitutional Court of the Russian Federation told. - He asks to recognize the norm of the established law on rallies that are not relevant to the constitution, more precisely. Art. 5.2 of the Law "On meetings, rallies, demonstrations, processions and pickets in St. Petersburg."
practice
The march against the introduction of troops into the territory of Ukraine was agreed not without obstacles
“The opposition does not yet have an unequivocal answer to the city hall’s proposal regarding the protest route, which is planned to be held on March 15, the representative of the“ Committee of Protest Actions ”Peter Tsarkov told Interfax on Saturday. "The organizing committee of the action agreed with the route proposed by the authorities. But the members of the" Committee of Protest Actions "have different opinions, and I do not exclude that we still refuse the proposed route," P. Tsarykov said. In the application, which was filed to the city hall, the opposition notified the plans to hold on March 15 a procession on Tverskaya Street with the participation of 50 thousand people and a subsequent rally on the Revolution Square. Oppositionists are going to devote a rally of anti -war themes. The Moscow City Hall refused to coordinate the opposition’s procession on Tverskaya Street and proposed an alternative route. The head of the Department of Regional Security of the Moscow City Hall, Alexei Mayorov, told Interfax on Friday that the authorities are ready to coordinate the opposition to the opposition on March 15 from passionate boulevard to Sakharov Avenue with a subsequent rally, without crossing the garden ring. The representative of the city hall said that the authorities are ready to coordinate the participation in the action of 50 thousand people. ”
“The procession against the commissioning of Russian troops into Ukraine will be held on March 15 on the Boulevard Ring. This was announced on Twitter by one of the organizers of the "march of the world" Peter Tsarkov. The Facebook action group specifies that the collection of participants will begin at 13:00 on Pushkinskaya Square, the procession starts at 14:00. The organizers agreed to the route proposed by the mayor - from the Turgenevskaya metro station in the boulevards to Sakharov Avenue, where the rally will be held. Initially, the procession was planned to be held along Tverskaya street and ending with a rally on Manezhnaya Square, but the city hall forbade the opposition to follow such a route. ”
"Twitter" of Peter Tsarkov ( a message that actually refers to "Rain" ):
“Everything, this time without me)) The organizing committee of the march planned on 15.03, today decided that 11.03 he would agree with the proposal of the city hall.”
Participants in the folk gathering in support of the convicts in the "Swamp case" were sentenced to various terms of administrative arrest
“The Tver District Court sentenced the civil activist Ildar Dadin by 10 days of arrest for the Strategy-6 campaign, the OVD-Info reports. He was found guilty under Article 19.3 of the Code of Administrative Offenses (disobedience to the requirements of a police officer). In addition, Dadin was fined five thousand rubles under Article 20.2 (violation of the rules of rallies). Irina Kalmykova was sentenced to a fine of five thousand rubles under Article 20.2 of the Code of Administrative Offenses and one thousand to 19.3. Meetings on the affairs of Lenonida Dubrovo and Catherine Maldon moved. They are both members of the precinct election commissions with a decisive vote, and the sanction of the Moscow prosecutor is required to bring them to justice. On Thursday, activists participated in the popular gathering in support of the "swamp prisoners" ( 
VIDEO ). At about 19 o’clock, the participants in the action gathered at the monument to Marshal Zhukov and discussed peacefully, the police did not interfere with them. An hour and a half later, when people were about to disperse, Maldon and Kalmykov turned the posters and were immediately detained. Then the police detained Dubrovo, who sang "The Virgin, Putin of the run" and launched a poster with the words of the punk-summer. Dadin called on those present to remember the numbers of badges of those police officers who violate the law. Dadin was detained. Vadim Tsvetkov was also in Avtozak. On the way to the police department, the autozak driver drained several times sharply. As a result of flowers, he broke his head. He was hospitalized in the 1st Grad Hospital with a concussion. Kalmykova’s lump has glasses on his head and glasses are broken. In the Arbat police department, police officers by force took fingerprints from Kalmykova, the rest of the detainees also tried to forcefully dactiloscopy. Four detainees were left for the night in the police. ”
On administrative arrests for participating in anti -war germ
“Civil activist Gennady Stroganov, detained on Tuesday at an anti -war gathering at the Ministry of Defense, was sentenced to 15 days of administrative arrest and a fine of 20 thousand rubles. According to the correspondent of "faces", the judge of the Presnensky court Irina Zubova found Stroganova guilty under articles 19.3 and 20.2 of the Code of Administrative Offenses (disobedience of the police and violation of the rules of the rally). "
“The judge of the Presnensky court of Moscow Irina Zubova sentenced Gennady Stroganova to 15 days of arrest, Alexei Nikitin - by 10 days, Maria Ryabikova - by 5 days. They are found guilty of disobedience to the requirements of the police, and Stroganov and Ryabikov were fined 20 thousand rubles under Article 20.2 (“Violation of the Rules of the rally”). The consideration of the Nikitin case is postponed under this article. At ten o’clock in the evening, the seven more detainees on Tuesday only expected the court. Separately, it is worth mentioning that Maria Ryabikova is the world and European champion on Skyurfing (air skiing on a board in a protracted parachute jump). ”
On fines for participation in anti -war germination
“[Blockade Igor Andreev, a participant in the action in St. Petersburg:] When I did not have a poster, I saw a woman - she stood with a leaflet and was embarrassed to expand. I say: "Let me take, I'm not afraid." She had such a small naive Poster "World", we brought this out in the first grade in the calligraphy lessons. I turned the poster - and the riot police jumped immediately, took my hands and led me to the bus. I stood on the sidelines silently. The protocols say: "Shouted, did not listen to the police." I have not signed anything so as not to become a fraud participant. There were 18 of us - all protocols for carbonaceous
Previously, the police were afraid to pick me up: the second group of disability, the old, weak - the devil knows, I will die more, and they will answer. And then they realized: no, he still runs, swarms, does not die, go, in the monkey. Four times already taken to the site.
The judge made a decision: for participating in an unauthorized rally - a fine of 10 thousand. Of course, I will not pay it of my own free will. Let the bailiffs come and describe my belongings. Where did I get that kind of money? I have an official pension of 6500. True, there is still an allowance - because I am a blockade and a veteran of labor. Here, apparently, they will take her away. Well, okay. And according to the second article-the disobedience of the police-for some reason was again taken to the department. And there they demanded to sign the document that I undertake to come to them. I say: "Of course, I will not take any obligations of my own free will. They all understood and released. In the police, people are forced, in uniform. When this whole protocol part ends, they treat me even with respect - an old person, but behaves independently. When I was released, some shook their hand. Now I have to come to the court under the second article - for disobedience to the requirements of the police. I will wait for the agenda and I'll see how it will be decorated. ”
About the detainees on anti -war
“Nine detainees spent the night at the South Tushino police department. By the 4th o’clock in the evening, they were taken to the Presnensky court today, since then they have been waiting for meetings in Avtosak,-the Echo of Moscow was told in the “May 6th Committee”. They emphasized that an ambulance was already called to the detainees. For what time the court has been appointed is still unclear. ”
“[Lawyer] Olga Gnezdilova: The Law on Freedom of Assembly, on the procedure for conducting street events, says that if the event is held with a notification, it must be calm, it should not stop the police. Even if the event is violated by the procedure for holding, then such citizens in a separate manner should be brought to administrative responsibility by the police. The Code of Administrative Offenses says that all protocols should be drawn up on the spot, only in exceptional cases a citizen is delivered to the police department. It turns out that all cases are exceptional in our country, and this, of course, is wrong. As such, the concept of "permitted" rallies we do not have. We are all allowed, which is carried out with a notification, or single pickets for which notifications are not needed. Or other forms of, say, meetings, where also the submission of the notification is not required. Therefore, detention is such a fairly vicious practice, and again the termination of a public event, any, should be accompanied by paper from a representative of the local government, where he substantiates the reasons for such a cessation. It is issued either immediately at the time of the termination, or within 24 hours.
Elena Fanailova: And with what formulations did people delay now? I mean the latest anti -war rallies and a rally in support of convicts in the "swamp case".
Olga Gnezdilova: The protocols wrote that they violated the order of the event. This is also incorrect, since the procedure for holding it is established by law, and it says that participants in a public event are not entitled to be intoxicated, have weapons, close the face with a mask, and so on, there is a list of duties of participants. If it is violated, then this is a violation of the procedure. What is written in protocols that a person should be liable, because he participated in an event that was not filed with a notification, this is incorrect, because the organizer is responsible for the notification, and the participant is not obliged to be interested in whether the notification was filed, this is not his function. Here, law enforcement agencies, if they even finish someone, must find the organizer, draw up a protocol for a violation of the organization’s order. And the participants are responsible only for their decent behavior, roughly speaking, on the picket.
Elena Fanailova: How much can detainee detainee at such a rally be kept?
Olga Gnezdilova: Here they also go to the trick. If we are talking about a violation of the procedure or organization of a rally, then only up to three hours. To keep people longer, draw up protocols under Article 19.3 "Introduction to the legal requirement of a police officer." Here is an interesting story, because this article, as many experts, should not be applied in such cases. If we are talking about a rally, then the issue of the legality of its termination is related, including, with paper from the representative of the city hall, why the event is subject to termination. I have never seen such paper in my life, although article 17th Federal Law provides that the rally can be stopped only according to such a document, but no one is anywhere. And when a person is accused of disobedience, then detention is possible for up to 48 hours without a court order. And here, of course, this is used, since this is actually a punishment if a person spends the night in the department. I think the application of this article is incorrect. As for anti -war rallies, the situation here is very interesting, since almost simultaneously rallies were held for war and against war. We saw a large procession and large events in different cities that could not withstand this period of notification provided for by law 10 days before the public event. There is not a single detainee at rallies for the war, and a lot of detainees at rallies against the introduction of troops. This is a clear political decision, skewed. Many times we talked about the fact that we need such amendments to the legislation, which provide for the opportunity to urgently gather without notifying in 10 days or in three, when really important events take place, as what happened on March 1. We do not have such a procedure. И получилось, что люди, которые вышли с миротворческими лозунгами, были задержаны, потому что они должны были подать уведомление, закон это предусматривает. В то же время, митинги, организованные властями, прошли без задержаний, хотя ситуация абсолютно та же: каких уведомлений люди не подавали, либо они подали их каким-то упрощенным порядком, и получилась преференция по политическим мотивам.
Елена Фанайлова: Ольга Гнездилова еще сказала, что при апелляции в Европейский суд по правам человека этот политический момент обязательно будет учитываться».
О штрафах за участие в сходах у Замоскворецкого суда
«Московский суд приговорил к штрафу академика РАН, президента Московского математического общества Виктора Васильева, задержанного 21 февраля около здания Замоскворецкого суда на митинге в поддержку осужденных фигурантов "болотного дела". Сумма штрафа составила 10 тысяч рублей, сообщает РАПСИ со ссылкой на пресс-секретаря Замоскворецкого суда Ольгу Багрову. "Суд признал Васильева виновным в совершении административного правонарушения и назначил ему штраф на сумму 10 тысяч рублей", - сказала Багрова, добавив, что на Васильева был составлен протокол об административном правонарушении, предусмотренном статьей 20.2 КоАП РФ (Нарушение установленного порядка организации либо проведения митинга)».