Unlawful anti-extremism in July 2014

We publish an overview of the main and the most significant events in the field of misuse anti-extremist legislation in Russia in July 2014.

Rulemaking

In the second half of July, the president signed the law "On the Introduction amendments to Article 280.1 of the Criminal Code of the Russian Federation", tougher punishment for " public appeals to the implementation of actions aimed at violating the territorial integrity RF "and extending its effect to any statements made in the Internet. We have a negative attitude towards Art. 280.1 of the Criminal Code, since we continue to insist that under the definition of extremism in According to the Constitution, only violent separatism is covered. Tightening and the expansion of the scope of the article seems to us an attack on freedom words, especially in view of the discussions about the annexation of Crimea.

Criminal prosecution

In July, in Chuvashia, the Investigative Committee opened a criminal case under Part 1 of Art. 282 of the Criminal Code (inciting hatred or enmity, and equals humiliation of human dignity) against the founder and editor-in-chief of the information and analytical newspaper "Bribe" by Eduard Mochalov. occasion was the publication in No. 1 of the newspaper for 2013 of an article by a well-known Tatar activist Fauzia Bayramova "We are Tatars, not Russians." Bayramova's article contains harsh statements about the Russians: denying them the right to hegemony, the author, for example, ascribes various stereotyped vices. However, Bayramova avoids direct aggressive calls, so we do not We believe that this xenophobic article provides grounds for initiating a criminal affairs. Earlier, one of the authors of the newspaper "Bribe", Ille Ivanov, was subjected to criminal prosecution, his article was banned as extremist, the newspaper received a warning from Roskomnadzor. Fauzia Bayramova herself is a defendant in another criminal case on inciting hatred.

Meanwhile, the Supreme the court of the Republic of Adygea confirmed the verdict to the editor of the blog "Free word Adygeya" Vasily Purdenko, who in May 2014 was fined 100 thousand rubles for the same part. 1 Article. 282. Purdenko was accused of the fact that on September 5 In 2012, he published an article in the Free Word of Adygea  "It is possible to be Russian in Adygea, but it is futile" ("Nationalism in action"), subsequently recognized as extremist material. Article, written from a nationalist standpoint, criticized the policies of local authorities: clan system, violation of national parity and generally erroneous personnel policy. However, it is impossible to see signs of arousal in the material. hatred and enmity towards the Circassians, especially any dangerous appeals that would merit criminal prosecution.

Chelyabinsk Regional the court sentenced three more participants in the pogrom at a rock festival "Tornado" in 2010. Recall that then the locals beat several dozen guests of the festival, the trials in the case of the pogrom continue to this day since. One of the convicts was found guilty not only of organizing mass riots, accompanied by violence, but also according to paragraph "a" part 2 Art. 282 of the Criminal Code (actions aimed at inciting hatred, as well as humiliation of the dignity of a person and a group of persons on the basis of belonging to any social group, committed publicly, with the use of violence). We consider the charge participants in the pogrom in inciting hatred unlawful. Rock music lovers of inciting hatred for which they were accused can hardly be considered a separate social group requiring protection according to the anti-extremist legislation. In addition, the main reason for the attack was a domestic conflict. between the accused and the guests of the festival, which took place on the eve of the pogrom.

The reason for the accusation of incitement to hatred is all the controversy surrounding the Ukrainian events is becoming more frequent.

So against a resident of the village of Kromy, Oryol region, Alexander Byvshev was a second criminal case has already been initiated under Part 1 of Art. 282 of the Criminal Code for publication pro-Ukrainian poems in social networks. This time amateur the poet is accused of publishing the poem "Ukrainian rebels", dedicated to Stepan Bandera and his associates in the UPA and written on their behalf. The poem talks about the readiness of Bandera to protect Ukraine from both "fascists" and "Muscovites". Law enforcement agencies saw here a hint of current events and accused the author in inciting national hatred against Russians. From our point point of view, it is ethnic hatred in the poem that is not visible, so there are no grounds for criminal prosecution on article 282 of the Criminal Code.

SU TFR in the Novgorod region opened a criminal case on the fact of placing publications in the social network "VKontakte" on the page of Xenia Sergeeva, activist of the Progress Party of Alexei Navalny. We were able get acquainted with only one of the images appearing in the case, it was republished by Sergeeva from another page of the same social network. Picture represents the Russian tricolor, which depicts a swastika, folded from the St. George ribbon. By reposting this image, the owner of the page, obviously did not set itself the task of propagating Nazi ideology, but used it in the controversy over the armed conflict in the east Ukraine. Probably the same goals - to brand opponents as supporters of "fascism" - pursued and the creator of the picture. name opponents "fascists" is not always appropriate, but certainly not a crime.

The Investigative Committee opened a case under Part 1 of Art. 282 of the Criminal Code in relation to prisoner IK-5 Nizhny Tagil (name not reported). The case has been taken to court. By version of the investigation, the suspect, being in the room where the prisoners are watching TV and communicate, began to "rudely speak out on religious topics" and assert the superiority of one religion over another. Others the prisoners, offended, interrupted him and reported the incident to the staff colonies. It is reported that a linguistic investigation commissioned by the investigation examination found in the statements of the suspect calls for incitement religious hatred. In our opinion, the case under Art. 282 of the Criminal Code in relation to the prisoner was illegally initiated, since arbitrarily rude and offensive remarks were not made in public: the suspect spoke within the same room and addressed to a small group. Except moreover, propaganda of the superiority of one religion over others, as well as criticism of religions, is not a crime, as interpreted by the Supreme Court.

The Taganrog city court at the end of the month passed a verdict on case of 16 Jehovah's Witnesses accused of continuing their activities local religious organization, banned, quite unreasonably, in 2009 as extremist. Seven defendants were convicted, nine people justified. Four convicts were sentenced under Part 1 of Art. 282.2 CC (organization of the activities of an extremist organization) and Part 4 of Art. 150 UK (involvement of a minor in the commission of a crime) to imprisonment conditionally for terms of 5 to 5.5 years and fines in the amount of 100 thousand rubles from exemption from payment due to the expiration of the statute of limitations, three more under Part. 2 tbsp. 282.2 of the Criminal Code (participation in such organizations) - to fines in the amount of 50 to 60 thousand rubles from exemption from payment due to the expiration of the statute of limitations.

It should be noted that believers were charged with the most common religious activities, as well as actions that can in no way be attributed to "extremism" - for example, refusing blood transfusions or refusing to serve in armed forces. Jehovah's Witnesses pleaded not guilty, they state that do not intend to renounce the faith and stop worship and will challenge their sentence in the Rostov Regional Court.

At the end of July, the Moscow City Court issued an indictment in the case of four followers of Hizb ut-Tahrir. Azizbek Inamov was sentenced to 11 years of imprisonment in a strict regime correctional colony under Part 1 of Art. 282.2 of the Criminal Code, part 1 of Art. 30 and Art. 278 of the Criminal Code (preparation for the forcible seizure power and violent change of the constitutional system of the Russian Federation) and part 1 of Art. 205.1 of the Criminal Code (other involvement of persons in the commission of actions aimed at violent seizure of power and violent changes in the constitutional order Russian Federation). Shamil Ismailov and Saipula Kurbanov were sentenced to 8 years of imprisonment in a penal colony under Part. 1 Article. 282.2, Part 1 Art. 30 and Art. 278 of the Criminal Code. Zikrullokhon Rakhmonkhojaev was sentenced to 7 years deprivation of liberty in a strict regime correctional colony under Part 2 of Art. 282.2 of the Criminal Code, Part 1 Art. 30 st. 278 of the Criminal Code and part 1 of Art. 222 of the Criminal Code (illegal acquisition and storage ammunition and explosives). In addition, all four were sentenced to fines ranging from 200 to 50 thousand rubles. With regard to the charges under Part 1 of Art. 30, art. 278 and part 1 of Art. 205.1 of the Criminal Code, we consider it necessary to recall that Hizb ut-Tahrir supporters have never been in Russia until now caught in real conspiratorial activity, and the practice of persecution accusations of preparing a violent seizure of power when these accusations are nominated only on the basis of party activity (for example, holding discussions or dissemination of literature), we consider unlawful.

Three convicts under anti-extremist articles managed to defend their economic rights. Oktyabrsky District Court of Arkhangelsk in July satisfied the claim of the head Association of Pomors of the Arkhangelsk region Ivan Moseev, declaring illegal actions of the Arkhangelsk branch of OJSC "Sberbank of Russia" on termination of operations on the plaintiff's bank account, and ordered the removal of restrictions at the disposal of his own money, and also exacted in favor of the applicant one thousand rubles as compensation for non-pecuniary damage. Recall that even at the stage of the trial in the Moseev case under Part 1 of Art. 282 MC Sberbank blocked Moseev's card, citing a technical failure, and after sentencing - unlawful, from our point of view - blocked her finally, explaining this measure by the fact that Moseev was included in the "list Rosfinmonitoring" - a list of organizations and persons involved in terrorist or extremist activities. However, at that time the law prescribing the blocking of accounts of persons and organizations included in this list, has not yet been adopted, so the bank had to monitor the status of the accounts Moseev, but did not have the right to arbitrarily block them.

wrongfully convicted of organization of the activities of the banned organization "Nurcular" Imams Ilkhom Merazhov and Kamil Odilov at the end of June were excluded from the list of Rosfinmonitoring. Recall we feel harsh restriction on financial transactions for persons on the list of Rosfinmonitoring non-selective extrajudicial punishment.

Pussy Riot members Maria Alyokhina and Nadezhda Tolokonnikova in July filed a final version of the complaint with the ECtHR, in which they confirmed their previous claims and indicated the amount of compensation for legal costs and moral damages of 120,000 euros to the applicant. In addition, they asked to oblige Russia to compensate them for legal expenses in the amount of 10,000 euros.

Complaining about the violation by the Russian authorities, which banned 2012 Pussy Riot videos, the right to freedom of speech (Article 10 of the European conventions on human rights), the lawyers of the group members noted that due to an overly broad definition of "extremism", "extremist activity" and "extremist materials" in Russian law, the prohibition of any statement in accordance with this legislation violates Art. 10 of the Convention. The courts that have heard the case banning the band's videos, took no action to compensate legislative gaps in the decision, the videos were banned, despite that did not pose any threat to national security, public order and civil rights.

Administrative persecution

In July, we became aware that under Art. 20.29 of the Code of Administrative Offenses (distribution of extremist materials) was unlawful two people were fined. In Kazan for distribution of illegally prohibited video of Alexei Navalny, the co-chairman of Kazansky was fined civil union Boris Begaev. In Krasnoyarsk for the transmission at the service banned pamphlet of Jehovah's Witnesses to one of those present local resident Aleksandr Evdoshenko was fined.

Prohibition of materials for extremism and other state measures

The Central District Court of Barnaul declared extremist four more brochures of Jehovah's Witnesses, What Can You Hope for? people?", "How to develop a close relationship with God?", "What need to know about God and his plan?", "How to achieve happiness in life?", identical to the founding text of Jehovah's Witnesses "What Does the Bible Really Teach?", listed on the Federal List extremist materials (p. 510) on the basis of the decision of the Rostov Regional Court dated 11 September 2009. The court agreed with the prosecutor's office that these materials " offend religious feelings, humiliate human dignity by principle of attitude towards religion, promote the exclusivity of one religion over another ."

July in United the list of banned sites was entered by a large site nurru.com, dedicated to the legacy of the Turkish theologian Said Nursi. The reason for blocking the site was a court decision to ban the site, issued by one of the Russian courts on April 9, 2014. Recall, we consider the ban writings of Said Nursi, prohibition of the non-existent organization of his followers "Nurcular" as extremist and the persecution of believers for studying works of Nursi illegal.

In July, the register The court decision also included 17 poems placed on the literary portal "Litzona" in the section "Civil lyrics". Part works contains criticism of the authorities and certain social groups (for example, officials), we believe that these poems are illegally banned. However the rest of the forbidden poems contain statements corresponding to definition of extremist activity (such as "The filthy seed of the Caucasian hordes / Russia to the full belly!"), and these pages of the site are prohibited in in accordance with the law. The portal itself "Litzona" is also included in the register and blocked, perhaps temporarily. Although the site administration declares its nationalist orientation, obviously, not all of the numerous publications posted on it are inflammatory.

Moscow City Court rejected complaint of Alexei Navalny and recognized as legal the decision to block his blog in Livejournal (navalny.livejournal.com). At the court session, finally, it is known that the blog was blocked due to two entries, the first of which was dedicated to the events in Ukraine, and in conclusion contained a call come to support the defendants in the case of the riots on Bolotnaya Square. Second the entry also contained a call to come to court, where the verdict in the Bolotnaya case. The court discussed the issue of the expediency of restricting access to the entire blog because of two entries. The prosecutor's office said that the law does not oblige it to indicate specific pages blog when making a decision to block. Roskomnadzor spokesman said, that the blocking was carried out by the LiveJournal administration, which probably it was not possible to restrict access to individual pages. Navalny intends to remove these two entries in order to access his page in "LiveJournal" was re-opened. Recall that in April The Lyublinsky District Court of Moscow also considered the blocking of the blog Navalny legal.

Prosecutor of the Republic of Crimea Natalya Poklonskaya announced to the Mejlis of the Crimean Tatar people a warning about the inadmissibility of the implementation extremist activity. She read this document to the head of the Mejlis Refat Chubarov on July 5 at the Chongar checkpoint at the entrance to Crimea (simultaneously with the decision to ban Chubarov from entering the Russian Federation for a period of five years). Because neither rallies nor calls for re-creation autonomy, nor a call for non-participation in elections, which puts the Majlis on the prosecutor's office are not signs of extremist activity, warning declared illegal.