Translated material
Freedom of assembly: media digest (March 31 - April 6)
changes
A bill introducing criminal penalties for repeated violations of the rules for holding mass events has been submitted to the Duma.
“Alexander Sidyakin, the author of the law on rallies tightening liability, adopted after mass protests after the State Duma elections, introduced a bill to the State Duma introducing criminal liability for organizers of uncoordinated rallies. Those brought to administrative responsibility more than twice within 180 days are proposed to be fined in the amount of 600,000 - 1 million rubles, punished with compulsory work for up to 480 hours or imprisonment for up to five years. Two sources close to the leadership of the State Duma say that there are no plans to delay the adoption of the bill. It was written taking into account an analysis of the situation in Ukraine, the experience of whose protesters is being adopted by the Russians, they say. The responsibility of the organizers of the actions may be to prevent people from attending the actions with dangerous substances and objects that can be used to create smoke (we are talking, in particular, about car tires - they were used on the Maidan, says a source close to the leadership of the State Duma). The author of the bill himself emphasizes that for the first time it contains a ban not only on weapons during mass rallies, but also on everything that also poses a danger. Journalists working at protests may be required to wear “clearly visible identification marks.” This, according to Sidyakin, is an additional measure to protect journalists, who are difficult for law enforcement to identify during mass protests. Now those who fulfill their professional duty will be visible to both the police and the protesters themselves. A source in the Duma leadership emphasizes that the bill provides for a fine of up to 50,000 rubles. for interfering with the operation of not only transport, but also transport and social infrastructure, by this, in particular, we mean the entrance to the metro (people who, for example, go somewhere with children should not suffer) From 50,000 to 300 000 rub. constitutes an administrative fine for unauthorized actions near the presidential residences. The initiative also involves tightening administrative liability for organizers and participants of rallies. Citizens have the right to assemble peacefully without weapons, the authors of the initiative remind, but boundaries are required, “crossing which would entail a violation of other constitutional rights and freedoms.”
“The oldest Russian human rights activist, head of the Moscow Helsinki Group (MHG) Lyudmila Alekseeva, reacted negatively to the bill on criminal liability for repeated violations of the procedure for organizing mass actions. “This will be a deliberate deprivation of active citizens of the right to freedom of assembly, which is guaranteed to us by the Constitution,” Alekseeva told Interfax on April 1. “I hope that if this bill passes the State Duma, the president will not sign it,” she said. “If the law does come into force, I will have to become a protester at rallies more often than before. I and people like me, older people, will have to hope that we will not be arrested,” said the head of the MHG.”
United Russia website, April 1 :
“The package of amendments introduced to the State Duma and providing for increased responsibility for holding mass actions is aimed at preventing violations and is not an increase in punitive measures,” said Vladimir Shapovalov, director of the Institute of Politics, Law and Social Development , in a commentary to ER.RU on Tuesday, April 1. According to the expert, Russian legislation is quite liberal in relation to holding mass actions, and the practice of its application is also liberal, even in comparison with European countries. “We have no serious precedents for harsh punitive measures against certain mass actions,” the political scientist said. <...> The expert noted that, as experience shows, including that of Ukraine, “there should be a limit to illegal actions during mass actions.” According to him, it is necessary to understand that the right of freedom of assembly should not conflict with the legislation of the country and the rights of other citizens. In particular, the right to rest, transport needs. In addition, protesters must take into account the interests of the authorities in improving the territories. “Therefore, the proposed measures are completely justified,” said the director of the Institute of Politics, Law and Social Development. “This is a necessary measure to protect the rights and interests of citizens and society; the proposed changes are protective in nature and are not an attempt to create repressive mechanisms,” the political scientist emphasized.”
Lawyers comment on the bill at the request of OVD-Info
The Duma Committee supports amendments to the anti-terrorism bill proposing tougher penalties for organizing mass riots
“...by the second reading it was decided to expand the scope of Art. 212 of the Criminal Code of the Russian Federation (mass riots). The sentence under this article will be increased from 4-10 to 8-15 years in prison. Moreover, it will be possible to be punished not only for organizing mass riots, but also for “training” their organizers and participants. The very concept of riots, which fall under the article of the Criminal Code, will be expanded - they will be considered actions using not only explosives and firearms, but also any “substances and objects that pose a danger to others.” At the same time, Art. 212 of the Criminal Code will be supplemented by Part 4, which introduces sanctions (imprisonment for five to ten years) for “the acquisition of knowledge, practical skills and abilities during physical and psychological training classes” for organizing mass riots. The “student” may be released from liability if he helps identify would-be accomplices.”
In Tatarstan, the opposition is trying to liberalize the republican law on rallies
“The draft amendments to the republican law on rallies (the text is available to Kommersant) was submitted to the State Council of Tatarstan by a deputy from the Communist Party of the Russian Federation Artem Prokofiev. The amendments are aimed at “eliminating overly stringent norms” of the current law, which, according to the explanatory note to the draft, create “obstacles to the exercise of citizens’ rights” to hold public events in the republic. In particular, Mr. Prokofiev proposes to increase the maximum occupancy of squares, squares and parks, establishing that the number of protesters in them should not be more than one person per 0.7 square meters. m (by law - by 1.25 sq. m). In addition, he advocates reducing the minimum distance between participants in single pickets from 30 to 15 m, and proposes increasing the number of people who can participate “in a collective discussion of socially significant issues” without prior approval from the authorities from 150 to 300. The amendments are canceled and “The most destructive,” according to the deputy, is the provision of the law, which prohibits rallies and marches within a radius of 50 m from government buildings, consulates, educational institutions, health care, and religious buildings. According to Mr. Prokofiev’s project, public actions cannot be held only “in the territory immediately adjacent” to these buildings. Let us recall that the current law on rallies was adopted by State Council deputies at the end of 2012. In addition to areas near government institutions, the prohibition zone for public actions is 500 m around military and industrial facilities, 200 m around airports, bus, railway and river stations. Only United Russia members voted for the law (they constitute the majority in parliament). They explained its necessity by the desire to “ensure the safety of the participants” of the protests and passers-by. At the same time, government buildings were called “objects of special importance,” where protesters could throw any objects. However, Artem Prokofiev believes that the year-long practice of applying the law showed its “absurdity.” According to him, Freedom Square in Kazan, which “was a historical venue for public events,” was actually closed for rallies. It became almost impossible to hold processions and demonstrations in the center of Kazan and other large cities of the republic. So, in November last year, the Communist Party of the Russian Federation did not approve the traditional procession along Pushkin Street in Kazan - as a result, the communists went to the Lenin monument despite police warnings, removing party symbols (see Kommersant, November 7, 2013). United Russia, which held a rally in front of the Kazan national cultural center on May 1, also became a victim of the new law on rallies. Later it turned out that the Ministry of Finance of the Republic is located next to this site. The prosecutor's office then issued a complaint to the city officials who approved the action. “Against the backdrop of tightening liability for participation in unauthorized actions (see Kommersant of April 1 - Kommersant), we need to give people the opportunity to comply with the law, and not take them outside the right field. This is a common problem, not just of the communists,” says Mr. Prokofiev, believing that the May Day demonstrations this year will be disrupted.”
practice
In Simferopol, people in uniform dispersed striking Crimean trolleybus employees
“In Simferopol, employees of the Crimean Trolleybus enterprise, dissatisfied with the months-long delay in salaries, blocked the highway. This was reported by Argumenty Nedeli - Crimea . <…> After some time, a group of men in camouflage arrived at the site of the trolley strike. “The little green men have come,” they began to say in the crowd of protesters. “You are now part of Russia, right? We will take measures immediately. I’m calling my leader. Now we will decide everything,” said one of the men. “Let’s behave calmly, everything will be fine. Gentlemen, let’s clear the road so that other people can travel,” another member of the group of “little green men” addressed the strike participants.”
About the situation with freedom of assembly in Crimea
“News of Lugansk and Lugansk region”, April 1 :
“In Crimea, we are faced with a massive attack on the basic rights of citizens. First of all, we are talking about freedom to hold peaceful assemblies. All actions of supporters of Ukrainian unity were oppressed. As a result, there was only one site left for rallies - in Simferopol on the square in Shevchenko Park, which is remote from the center. All rallies with Ukrainian flags encountered resistance: they beat not only men, but also women, there was resistance to convoys with national flags and EU symbols, up to the use of firearms by the so-called Crimean self-defense,” noted [Lugansk human rights activist Konstantin] Reutsky.”
The Prosecutor General's Office did not find reasons for investigating the incidents of detentions near the Zamoskvoretsky court
“Human Rights in Russia”, April 4 :
“The Council under the President of the Russian Federation for the Development of Civil Society and Human Rights ( HRC ) received a response from the Prosecutor General’s Office of the Russian Federation to an appeal in connection with the mass detentions of citizens who came to the building of the Zamoskvoretsky court on February 21 and 24 during the announcement of the verdict to those involved in the Bolotnaya case. It was established that a group of citizens attempted to hold uncoordinated public events, the main slogans of which were: “Russia without Putin!”, “Shame,” “Freedom for political prisoners!”, “Maidan!” and others, the Prosecutor General's Office said in a statement. According to the department, in order to prevent violations of public order and public safety, holding uncoordinated public actions; clearing sidewalks for the free passage of citizens, preventing violations, checking documents and establishing identities, 856 people were brought to the territorial internal affairs bodies, of whom preventive conversations were held with 219, and protocols on administrative violations were drawn up for 637. The response from First Deputy Prosecutor General of the Russian Federation Alexander Buksman indicated that during the inspection, information about the detention and delivery of journalists to police departments was not confirmed; no violations of the law and official discipline were detected on the part of the police officers who protected public order on February 21 and 24; The prosecutor's office did not receive any supervisory complaints from citizens who disagreed with the court decisions. In this regard, there are no grounds for the prosecutor’s office to take response measures.”
The Moscow City Hall refused to approve the route of the march in support of opposition media
“The Moscow government refused to approve the Protest Action Committee’s application to hold the March of Truth,” Interfax reports. According to the deputy head of the department of regional security and anti-corruption of the Moscow City Hall, Vasily Oleynik, the refusal is related to the route indicated by the applicants: from the Turgenevskaya metro station to Pushkinskaya Square. “It was proposed to gather at house number 4 on Sakharov Avenue, walk along Sakharov Avenue with the intersection of the Garden Ring to house [number] 36 on the avenue of the same name. The organizers were asked to hold a rally in front of house number 36 on Sakharov Avenue,” Oleynik said. At the same time, the Moscow mayor’s office is ready to agree on the stated number of participants in the action - 50 thousand people.”
As a result, the organizers decided to abandon the march and hold only a rally on Sakharov Avenue
“The Moscow government and the opposition have reached a compromise on the location of the rally on April 13. “A verbal agreement has been reached,” said one of the organizers of the action and Solidarity activist Pyotr Tsarkov, adding that the authorities promised to issue the applicants with a document approving the event on Monday, April 7. Tsarkov also said that a rally in support of media freedom will be held on Sakharov Avenue. The Moscow mayor's office confirmed to the agency that the parties had reached agreements. “In principle, yes. The final agreement will be reached on Monday,” said Deputy Head of the Department of Regional Security and Anti-Corruption Vasily Oleinik. Earlier, Tsarkov announced the decision of the organizing committee to abandon the procession, leaving only the rally. Before this, it was assumed that the procession would take place from the Turgenevskaya metro station to Pushkinskaya Square. The declared number of participants is 50 thousand people.”
Nine activists of The Other Russia, detained on March 31 on Triumfalnaya Square, were sentenced to arrest
“Nine people received from 5 to 10 days of arrest, their associates said. All of them were detained on Monday at an uncoordinated rally in defense of freedom of assembly on Triumfalnaya Square. The leader of the Other Russia, writer Eduard Limonov, who was also detained on Triumfalnaya Square, was released on the same day in the evening. He was summoned to appear in court on April 10.”
OVD-Info about detainees on Triumfalnaya
In Kostroma, the court declared the ban on LGBT events illegal
“The Presidium of the Kostroma Regional Court on Friday declared the cancellation of two rallies and a gay march in the regional center illegal, Yulia Medvedeva, an employee of the court’s press service, told Interfax. “The presidium of the court upheld the cassation appeal of activist Nikolai Alekseev and declared the cancellation of the events in Kostroma illegal,” said Yu. Medvedeva. Thus, according to the resolution, the Presidium of the Kostroma Regional Court overturned the decision of the Sverdlovsk District Court of Kostroma and the appeal ruling of the Kostroma Regional Court, which recognized the city administration’s ban on holding events as legal.”