Unlawful anti-extremism in January 2015

We publish an overview of the main and the most significant events in the field of misuse anti-extremist legislation in Russia in January 2015.

Rulemaking

In mid-January, the State Duma was introduced draft law prepared by the deputies of the Parliament of the Chechen Republic, which tougher penalties for crimes related to terrorism. According to draft law, criminal liability under Art. 205, 205.1, 205.2, 205.3, 205.4, 205.5 and 206 of the Criminal Code. The terms of imprisonment should be from 15 to 25 years old. It is proposed to introduce as additional types of punishments confiscation of property, arrest of a bank account with withdrawal of funds, deprivation of a special, military or honorary title, class rank, state awards and the right to state social security. Somewhat changing and the provision of the Law "On Combating Terrorism" on compensation for harm, caused by a terrorist act. All in all, the bill is on the way to the Duma was softened almost beyond recognition (about the original version of the initiative Chechen deputies can be read here ). We also note that at the beginning of 2014, a draft law was already submitted to the State Duma, tougher punishment for terrorists and also provides for punishment for their relatives, we wrote about him here .

In the second half of the month, the State Duma adopted in the first reading the draft law "on undesirable foreign organizations", aimed at expanding the so-called "Dima Yakovlev's law". According to the bill, " the activities of a foreign or international organizations that pose a threat to defense or security state, or public order, or public health, in order to protection of the foundations of the constitutional order, morality, rights and legitimate interests other persons may be recognized as undesirable on the territory of the Russian Federation" . The decision that the activities of an organization is undesirable on the territory of the Russian Federation, should be accepted by the Prosecutor General's Office when participation of the Ministry of Foreign Affairs. Further, the organization is included in a special list, which must be kept Ministry of Justice "Unwanted organization" is forbidden to create branches on the territory of Russia, disseminate information, organize public events and participate in them, her accounts and financial transactions are blocked, representatives are deprived of the right to enter the country. to the administrative code introduced Art. 20.33 (illegal organization of foreign or international organization on the territory of the Russian Federation and participation in such activities), punishing Russian citizens and organizations for participating in activities of an "undesirable organization" or receiving from it Money. Against those who a similar offense repeatedly, a new Art. 284.1 of the Criminal Code, assuming punishment up to eight years in prison. From our point of view, vague wording defining "undesirable activity" foreign organization, is not directed against really dangerous organizations whose activities are already subject to the relevant legislation. The bill obviously creates a new lever for suppression of the activities in Russia of various religious organizations and civil society organizations and can serve as a basis for massive violations of human rights.

Criminal prosecution

At the end of December, charges were brought under Part 1 of Art. 282 UK (inciting hatred or enmity) to the chairman of the Tatar Public Center Rafisu Kashapov , he was taken into custody. He is charged with publishing in the open access to the social network "VKontakte" four materials. All three texts (the fourth material is poster with photographs of victims of Russian military operations) unite ideas solidarity with Ukraine and the Crimean Tatars, the illegality of the annexation of Crimea and rejection of the actions of the Russian authorities. WITH point of view of the authors of the examination, they contain "psychological signs information aimed at inciting discord (enmity) against representatives of the "They/Aggressor" category ("new unrecognized authorities of the peninsula", "Russian punishers", "Vladimir Putin", "Russia", "Russians", "Russians"), selected on a mixed basis " . We did not find in the data materials show no signs of inciting ethnic hatred or calls for military action. As for criticism of the Russian authorities, it is not worth forget that according to clarification of the Supreme Court regarding the practice application of anti-extremist legislation, it should not be considered as inciting hatred and prosecuted under Art. 282 of the Criminal Code.

At the end of January, as part of the investigation of the case under cc. 1 and 2 Art. 212 of the Criminal Code (organization and participation in riots) was arrested one of the leaders of the Mejlis of the Crimean Tatar people Ahtem Chiygoz. notice, that the events that gave rise to the initiation of the case - the February clashes supporters and opponents of the annexation of Crimea to Russia - happened before accession itself, that is, they do not fall under the jurisdiction of the Russian court.

It also became known that in the Crimean IC from the prosecutor's office received materials for initiating cases under Part 2 of Art. 280.1 (public calls for the implementation of actions aimed at violating territorial integrity of Russia), Part 2 of Art. 239 (creation of a non-profit organization, encroaching on the personality and rights of citizens), Part 2 of Art. 282 (inciting hatred or enmity) and Art. 282.3 (financing of extremist activity) of the Criminal Code. Details of the allegations st.st. 239, 280.1, 282, 282.3 of the Criminal Code are not known. Regarding the request of the prosecutor Crimea to initiate cases against Crimean Tatar activists on "separatism", we believe that, firstly, only calls for violent separatism, which the Crimean Tatars do not allow themselves, and secondly, to accuse people who unwittingly became residents of Russia for they are unhappy with joining, unacceptable.

In Izhevsk, a criminal case was brought to court under part 1 of Art. 1 st. 282 of the Criminal Code (inciting hatred) against a 23-year-old resident of Izhevsk Timur Shoev, who posted on his page on the social network "an image Jesus Christ [crucified on the cross], against whom a group of people violent actions" ( recognized in January 2014 as an extremist material as degrading to the dignity of believers) and anti-Christian comments on him. The content of the comments and the degree of their aggressiveness to us, unfortunately, unknown, but it is reported that the picture was accompanied by an inscription with obscene scolding. However, we have doubts about the legitimacy of this criminal case. As a reminder, we oppose the criminalization of humiliation dignity as such. Similarly, we believe it is unlawful to criminalize insulting religious feelings, in particular through images of any degree of rudeness.

In Samara in January, a Muslim man was detained and charged with belonging to Hizb ut-Tahrir. It was filed against him criminal case under Part 1 of Art. 205.2 of the Criminal Code of the Russian Federation (public calls for terrorism) and part 2 Art. 282.2 of the Criminal Code of the Russian Federation (participation in the activities of an extremist organization). According to investigation, in the period from 2012 to April 2014, he participated in activities of the party and posted its videos on the Internet party. Recall that we consider the accusation unjustified followers of "Hizb ut-Tahrir" in propaganda of terrorism only on the basis of their party activities, in particular, the dissemination of information materials.

Administrative persecution

In January, we became aware of six cases administrative prosecution, which we consider unlawful. In Taishet Art. 20.29 of the Code of Administrative Offenses (mass distribution of extremist materials or their possession for the purpose of distribution) was fined by the imam of the mosque for possession forbidden religious literature from the notorious "Orenburg list" , in the Sverdlovsk region for the discovery of a book from the same list in the mosque of the correctional colony, a case was opened against an employee of the colony, in Novgorod, a Moroccan student was fined for posting a link to an electronic version of an illegally banned book on a social network Elmira Kulieva "On the way to the Koran"; director in Crimea Feodosiya library was fined for the fact that the fund was found banned book about the Holodomor, and the director of the Kerch Central Library system was fined under the same article due to the lack of a system content filtering on library computers.

Volgograd resident Andrey Devyatkin was arrested for seven days under Art. 20.3 of the Code of Administrative Offenses (propaganda and public display of Nazi paraphernalia or symbols) for publication in its "LiveJournal" text about the activities of the head of one of the local settlements. The text was illustrated with a demotivator, on which an earring in the form of a swastika was attached to the official's ear. We we believe that Devyatkin was wrongfully punished, since he clearly did not promote Nazism.

Prohibition of organizations and materials and others government measures

In January it became known that at the end of December 2014 The Supreme Court of the Republic of Karelia decided to liquidate the Youth Human Rights Group of Karelia (MPG of Karelia) and the exclusion of the organization from the United state register of legal entities. Karelian branch of the MPG liquidated on the basis that Maxim Efimov was listed as its founder, included in the "Rosfinmonitoring list" (list of organizations and persons involved in terrorist or extremist activities) as suspect in a case under Art. 282. According to Art. 19 of the law "On public associations", a person included in the "Rosfinmonitoring list" is not may be a founder of a public association.

From our point of view, the matter against Yefimov was initiated without proper grounds, but this is not the only the reason why we consider unlawful the liquidation of the PGM of Karelia. Status The suspect assumes that guilt has not yet been proven. With this in mind, the possibility the liquidation of the organization seems to us to be an unconstitutional norm, which may be challenged before the Constitutional Court.

religious organization "The local religious community of Muslims of Taishet" received warning of the prosecutor's office about the inadmissibility of violating the legislation on countering extremism after the imam of a local mosque was fined under Art. 20.29 of the Code of Administrative Offenses (see above). In the event of a repeated violation, the organization may be liquidated.

At the end of the month, the Frunzensky District Court Vladivostok recognized the book of Ilya Falkovsky and Alexander Litoy "Shock squads" against Putin" with extremist material. The book  represents a not entirely successful attempt to describe the ideology and activities of modern Russian extremists (as representatives radical supporters of Russian nationalism, and North Caucasian militants). The publication uses a large number of documents, abundantly quotes texts belonging to the characters of the study (including leaflets BORN, including those previously included in the list of extremist materials). However fewer statements justifying terrorism behind the authorship of Falkovsky or There is no cast in the book. It should also be noted that the authors nowhere express solidarity with the views and actions of the characters. In our opinion, the book ""Shock squads" against Putin" is illegally banned.

In January, the Kurgan City Court recognized Ali's book as extremist. Muhammad as-Salabi "Abu Bakr as-Siddiq. The First Righteous Caliph", believing that it incites hatred towards non-believers and Muslims who have departed from principles of strict monotheism. Describing the biography of Caliph Abu Bakr, the modern the Islamic theologian and politician al-Salabi, quite possibly, was aware that that today's Islamists can be inspired by the history of the struggle of the first Caliph with apostates and the conquest of new lands. As-Salabi writes that Muslims should take an example from the first caliph (without sharpening, however, focus on his military activities, but rather on his righteousness in general). But no direct calls for war with infidels in  book is not included. We consider the prohibition of this work unlawful. It is impossible to forbid Muslims from writing about the history of Islam and its religious leaders, albeit very militant ones. Religious wars have taken place in history most religions and naturally found reflection in the spiritual literature.

At the very end of December, Roskomnadzor warnings received the editorial offices of four sites - Polit.ru, Business Online, BFM.ru and Mediazones - for the fact that, in the opinion of the department, "they allowed the publication of materials containing public calls to change the foundations of the constitutional order " . It was about the publication of an interview with Alexei Navalny to the press, which he gave at the exit from the Zamoskvoretsky court after sentencing in the Yves Rocher case on December 30, 2014. Indeed, Navalny in several remarks called on people to take to the streets as long as the authorities, persecuting relatives of their political opponents will not be "destroyed" (in one of the phrases) ("dismissed" - in another). However, these few phrases referring to colloquial speech, it seems to us, is not enough to judge constitutionality or unconstitutionality of the method of change of power, which suggests Navalny. In addition, the authors of reports on the events of December 30 did not agree with Navalny's statements, and we do not find in the relevant materials, signs that the editors have gone beyond the completely legitimate citations.

In mid-January, Roskomnadzor issued recommendations to the media to refrain from publishing cartoons " depicting religious shrines that affect the senses believers ", which can be regarded as a violation of the norms of the Russian legislation on extremism. And at the end of January, a whole shaft followed media warnings for publishing "Charlie Hebdo" cartoons. Roskomnadzor warned "RBC-Daily", as well as 13 online media: the newspaper "Vek", information agency "VK Press", publication "InterNovosti.Ru", site "Lenizdat.Ru", Courier-media.ru, RB.ru, RUNews24.ru, Leningrad regional news agency Lenoblinform.ru, the Kazakh portal "Respublika" and, finally, even blocked portal Grani.ru, for which this warning became the second in a year. From our point of view, the actions of Roskomnadzor in "protection of feelings believers" come into direct conflict with freedom of speech.