Unlawful anti-extremism in August 2015

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

Criminal the pursuit

IN mid-August it became known that in Langepas city court (Khanty-Mansiysk Autonomous Okrug - Yugra) transferred criminal case against a local resident, Arabic teacher, according to part 1 of Art. 282 UK (inciting hatred or enmity, as well as the humiliation of human dignity based on religious affiliation). He is accused of being under the guise of Arabic, he held religious meetings with the reading of forbidden literature and sermons on the exclusivity of Islam compared to other religions. Note which is natural for believers take your religion as your only religion true and assert its superiority over others, and persecution deserves only calls for illegal actions against non-believers (see resolution Supreme Court of June 28, 2011).

IN middle of the month against the host cafe "Flamingo" in Nizhny Novgorod, who expelled his sister from his institution top model and philanthropist Natalia Vodianova, having developmental features, was filed a case on actions aimed at to humiliation on the grounds belonging to a social group, committed publicly using violence or the threat of its use (p. "a" part 2 of Art. 282 of the Criminal Code). cafe owner rude demanded from Oksana Vodianova and her nannies who entered his institution, retire, motivating his claim by the fact that a woman scares off customers, after which ordered the guards to expel Oksana and her mother came to her rescue. We refer this case to the number of wrongful because Art. 282 of the Criminal Code provides for publicity, and the statements of the owner of the cafe were not such: in a cafe, except for Vodianova, her babysitter, owner (and possibly staff establishments), there was only one more visitor. Moreover, in this case, it seems to us that this is not applicable indefinite concept, like "social group" as an object of insult (perhaps this is another reason to think about inclusion in the wording of Art. 282 CC list specific groups in need of protection, including disability). The incident with Oksana Vodianova, how it can be judged that it was most correct would qualify as discrimination and prosecute either under Art. 136 of the Criminal Code (violation equality of human rights and freedoms and citizen), or under Art. 5.62 Administrative Code (discrimination).

IN August in the Tagansky District Court of Moscow trial began in the high-profile case of painting a star and flying a flag Ukraine on the skyscraper tower on Kotelnicheskaya embankment. Four base jumpers accused under Part 2 of Art. 213 and according to part 2 of Art. 214 UK (hooliganism and vandalism committed political hate group) declared their non-participation at the height. They also told the court that were not familiar with the roofer Vladimir Undercut, and a jump from a high-rise, which they committed on the day of the action, was not driven by the desire to offend feelings of citizens or the motive of political hate. Remember, responsibility for the action on the high-rise took over the Ukrainian roofer Pavel Ushivets (Grisha Mustang, Mustang Wanted), he was presented in absentia accusations under the same articles. Petersburg roofer Vladimir Podrezov, whom accused of assisting Ushivtsu, said that he slandered base jumpers under pressure investigation, and confirmed their innocence to the stock. Regarding your participation in shares he reported that he was in the building together with Ushivets, but did not participate in painting stars and flag flying. accusation required the same real time for the four defendants: the prosecutor requested court to sentence roofer Vladimir Podrezov and three base jumpers - Evgeny Korotkov, Alexander Pogrebov and Alexey Shirokozhukhov - by the age of three penal colony, and the fifth accused - base jumper Anna Lepeshkina - by three years of imprisonment with three years of probation due to her pregnancy. Recall we do not agree with the qualifications of this case: absolutely it is not clear who they could hate be guided by shareholders other than moreover, their actions are more worth considering petty, rather than gross, violation of public order and be treated as an administrative offense under Art. 20.1 of the Code of Administrative Offenses (small hooliganism). Note also that the consequence failed to provide evidence in court evidence of four base jumpers in action.

IN August sentence under Part 1 of Art. 282.2 CC (organization of activities of extremist organization) was rendered 50 years old a resident of Krasnoyarsk - a follower Said Nursi. She was sentenced to a fine 10 thousand rubles. The verdict came into legal force. Woman found guilty participating in group activities banned association "Nurcular", reading and discussing the works of Said Nursi, as well as financial assistance for holding meetings. Recall we consider it illegal as a ban on books Turkish theologian Said Nursi, and prohibition of the "Nurcular" association, which did not exist in Russia at all: there are only a few followers Nursi teachings that are facing unreasonable persecution.

IN mid-August in St. Petersburg two sentences under Part 2 of Art. 205.5 (participation in terrorist activities) organization) in the case of the local cell religious-political party "Hizb" ut-Tahrir". Recall that in Russia the party banned as terrorist, though not involved in terrorism. Leningrad District Military Court sentenced a citizen of Kyrgyzstan Mahamadimina Salieva by the age of five imprisonment with serving in a colony strict regime. Moscow District military court at an offsite session in Petersburg sentenced a native of Dagestan Gapur Magomedov to five years in prison general mode.

Ban organizations, materials and websites for extremism

IN In early August, the Supreme Court upheld March decision of Krasnodar regional court on recognition as extremist communities of Jehovah's Witnesses in Abinsk and its elimination. Recall that the basis for recognition of the community as extremist became that one of its members was involved to administrative responsibility for distribution of the three forbidden brochures. Organization was announced invalid warning extremist activities, however, according to the investigation, the members organizations continued to disseminate religious literature. This is the third known to us the prohibition of the local organization Jehovah's Witnesses as extremist (and the fourth attempt at such a ban). Recall we believe the persecution Jehovah's Witnesses and the ban on their texts for extremism illegal and perceived them as religious discrimination.

IN middle of the month it became known that German partisan historian during the Second World War, employee University. Humboldt in Berlin Sebastian Stopper turned to the European human rights court with a complaint against decision of the Soviet District Court Bryansk, rendered in November 2013, recognized six of his articles published in LiveJournal, extremist. These are scientific articles on partisan movement in the Bryansk region, provided with numerous references sources, including Soviet archival documents. Stopper inserts in scientific circulation materials from German archives (in own translation into Russian). Presumably these are documents could give rise to recognition extremist articles. signs "justifications for aggressive, violent actions of the German troops", "belittling the importance of guerrilla military operations in the Bryansk region" and their negative assessment, referred to in the judgment, not in the original text. From our point vision, articles by Shtopper (and at the same time comments to them in LiveJournal) were banned illegally.

Note several cases of illegal blocking information on the network. In the middle month it became known that Roskomnadzor added to the register of prohibited sites Euronews news video ISIS militants call for jihad Muslims from Western countries, published on YouTube. In the register were both the youtube.com domain and one of IP addresses, although in the corresponding solution the court spoke only about the prohibition of the text comment. Note that similar judgment is meaningless because to block comments separately from videos on YouTube there is no technical opportunities, while restricting access to video (and, moreover, to the whole YouTube) due to one comment recognized extremist, illegal. Probably, the only legitimate way to law enforcement agencies in situations - demand from the administration resource to remove dangerous content.

IN late August, Roskomnadzor based on court decisions entered into the Unified Register prohibited sites text fourth volumes of a multi-volume collection of interpretations Qur'an "Light of the Holy Qur'an", posted on the website alhassanain.org, and fully section of books "about Ramadan and Ramadan" (so in the registry) on the site islam-book.info (on website section is called "Ramadan, fasting"). Islam-book.info - a major online library educational orientation with different materials about Islam. Even if in a large section devoted to post, and some information that has signs of extremism, blocking the whole section deprives array access users "good" materials. Recall that we assume that in such cases should block pages with specific materials. To block the fourth volumes of "The Light of the Holy Quran" there were no grounds, from our point of view.