Tolokonnikova appealed to the Constitutional Court

On June 3, 2014, Pussy Riot member Nadezhda Tolokonnikova applied to the Constitutional Court with a request to check the application of Art. 213 of the Criminal Code (hooliganism).

According to Tolokonnikova, this article contradicts the Constitution of the Russian Federation, in particular, Ch. 2 tbsp. 29, which guarantees civil rights and freedoms.

Nadezhda Tolokonnikova, Maria Alyokhina and Ekaterina Samutsevich were found guilty under Part 2 of Art. 213 of the Criminal Code of the Russian Federation in hooliganism committed by a group of persons by prior agreement on the grounds of religious hatred, as well as hatred towards a social group of Orthodox believers. Subsequently, the Presidium of the Moscow City Court changed the legal basis for a guilty verdict, excluding the reference to a conviction based on hatred of a social group.

As a reminder, we consider the sentence handed down to the members of the group to be unlawful. Our point of view, among other things, is that the sentence to the members of Pussy Riot is based on the justification of their guilt in insulting the feelings of believers, which does not correspond to Part 2 of Art. 213 of the Criminal Code of the Russian Federation, and part 2 of Art. 5.26 of the Code of Administrative Offenses of the Russian Federation (insulting the religious feelings of citizens or desecration of objects revered by them, signs and emblems of worldview symbols).

In addition, we repeat once again that the absence of a specific list of social groups in the legislation should not lead to arbitrariness.

Sources

• Tolokonnikova from Pussy Riot asks the CC to check the article "Hooliganism" // Gazeta.ru. 2014. June 3.