Unlawful anti-extremism in November 2015

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

Rulemaking

At the end November, President Vladimir Putin signed a law banning recognition extremist sacred texts of world religions. Thus, in the law combating extremist activity, Art. 3.1 "Features application of the legislation of the Russian Federation on countering extremist activity in relation to religious texts", which sounds like this: "Bible, Koran, Tanakh and Kanjur, their content and quotes from them cannot be recognized as extremist materials." Recall that we believe that this law will not affect the practice of prohibiting religious texts. You can read more about our point of view here and here .

IN November deputies from "Fair Russia" proposed for consideration State Duma two bills close in content.

IN At the beginning of the month, Deputy Dmitry Gudkov resubmitted to the State Duma revised version of the draft law "On counteracting the rehabilitation crimes of the Stalinist totalitarian regime (Stalinism)", proposed member of the Federation Council Konstantin Dobrynin and originally included in parliament in September. You can read more about it here .

IN late November, a group of parliamentarians headed by Sergei Mironov introduced State Duma bill on criminal prosecution for denying or approving Armenian genocide. It was proposed to punish such statements with a fine in in the amount of up to 300 thousand rubles or in the amount of salary for a period of up to two years or imprisonment for up to three years. If the crime was committed with the help of the media, the fine can be up to 500 thousand rubles, the term imprisonment - up to five years. Obviously, the unexpected introduction of this bill to the Duma is a consequence of the incident with the Russian bomber shot down in Turkey.

Note that the European Commission against Discrimination (ECRI) Recommendation N7 requires introduction of penalties for "denial and justification" recognized in the legal regarding genocides, war crimes and crimes against humanity. On in our opinion, in pursuance of these recommendations, an alternative to both bills, as well as the already adopted law on the "rehabilitation of Nazism", could become introduction of administrative liability in the form of fines for individuals, officials and legal entities for acquittal (in the broad sense, as stated in bill) of the crimes of both Nazism and Stalinism, and at the same time genocide and crimes against humanity recognized by the International Criminal Court or other international tribunals. Such sanctions would, on the one hand, not too harsh, on the other hand, would undoubtedly affect those from whom hypothetically, the danger of "historical revisionism" - on officials and on large, high-status, media and publishing house.

Other An option would be to include in Art. 282 of the Criminal Code of specific forms of expression denial of any crimes against humanity that may be interpreted as incitement to hatred. Then the fact that any revisionist statement was aimed precisely at inciting hatred, will have to prove in court, and thereby will be removed, at least in principle, an additional threat to the freedom of historical discussion.

Criminal prosecution

At the end of the month, the city court of Petrozavodsk delivered a verdict in the case Deputy of the Council of the Suojärvi urban settlement Vladimir Zavarkin, accused of public calls for separatism. Zavarkin was sentenced to a fine of 30 thousand rubles for hours. 1 Article. 280.1 of the Criminal Code (public calls for the implementation of actions aimed at violating the territorial integrity Russian Federation). A criminal case was initiated on the fact of the speech deputy at a rally in May 2015 in Petrozavodsk for resignation of the Head of Karelia Alexander Khudilainen. In your emotional speech, Zavarkin suggested, as a reaction to the inaction of the authorities, hold a referendum in Karelia on secession from Russia. Video with Zavarkin's speech In early November, it was recognized by the court as extremist. Not only is this speech can hardly be considered separatist propaganda, we generally believe that persecution deserve only calls for violent separatism.

In early November, it became known that the case of separatism under part 2 of that same Art. 280.1 of the Criminal Code (public calls to violate the territorial integrity of the Russian Federation with using the media or the Internet) filed against the owner of the ATP channel, ex-deputy prime minister of the Crimean government Lenur Islyamov. Conducted searches on enterprises of the Islyamov family, the Central Bank of Russia revoked the license from their bank for risky lending policies. Islyamov indeed repeatedly publicly stated that Russia should return the Crimea Ukraine and that the Crimean Tatars are ready to fight for the peninsula. He is also one of the organizers of the commercial blockade of Crimea from the territory of Ukraine. With our point of view, this blockade, indeed, violates the law, but Ukrainian, and under what articles the Russian authorities can prosecute for it, not quite clear. We believe it is unlawful to accuse people of separatism, initially who did not recognize the annexation of Crimea to Russia. Although the question of the annexation of Crimea clear from the point of view of Russian laws, it is not so clear from the point of view of international law, and the opponents of accession have the right to continue this dispute.

Supreme the court of Tatarstan in the middle of the month rejected the appeal of the chairman of the Tatar Public Center Rafis Kashapov to the verdict passed on him Naberezhnye Chelny City Court under Part 2 of Art. 280.1 of the Criminal Code and Part 1 of Art. 282 of the Criminal Code. Kashapov's punishment remains the same: three years in prison in a general colony mode. The Supreme Court of the Republic limited itself to canceling the additional punishment - a two-year ban on the use of social networks. Recall that Kashapov was accused of publishing in 2014 open access on your page in the social network "VKontakte" four materials: "Crimea and Ukraine will be free from invaders!", "Yesterday Hitler and Danzig, today Putin and Donetsk!", "Let's protect Ukraine and the entire Turkic world", "Where Russia is, there are tears and death". We had the opportunity to familiarize ourselves with the indicated articles and did not find in them corpus delicti under Art. 280.1 of the Criminal Code, only a statement of one's own opinions and norms of international law; we did not find any signs there incitement of hatred on ethnic grounds or calls for military action. As for criticism of the Russian authorities, then, according to clarification of the Supreme Court regarding the practice of applying anti-extremist legislation, it should not be regarded as incitement to hatred and be prosecuted under Art. 282 of the Criminal Code.

On the last day of November, the Taganrog City Court completed a second consideration of the case of sixteen Jehovah's Witnesses and issued all sixteen guilty verdict on 1 and 2 Art. 282.2 of the Criminal Code (organization of activities extremist organization and participation in its activities). Recall that the previous sentence was indictable for only seven accused, the rest were acquitted. On that once four members of the banned Taganrog community were convicted of organizing continuation of its activities and the involvement of minors in it (part 4 of article 150 Criminal Code) and received from 5 and 3 months to 5 years and 6 months of imprisonment on probation probationary period of 5 years, as well as a fine of 100 thousand rubles, from payment of which they were released due to the expiration of the statute of limitations. More twelve people as members of the banned community were sentenced to fines in the amount of 20 to 70 thousand rubles and were also exempted from paying it. Recall Jehovah's Witnesses were accused of being "knowingly" about the ban communities "Taganrog" and "acting from extremist motives", resumed and continued its activities, namely, carried out prayer meetings and studied religious texts. Taganrog community Jehovah's Witnesses in September 2009 was recognized by the Rostov Regional Court as extremist and liquidated, with our point of view is wrong.

IN In November, the visiting collegium of the Moscow District Military Court issued two guilty verdicts for hours. 2 Article. 205.5 of the Criminal Code of the Russian Federation (participation in activities of an organization that is recognized as terrorist) for involvement in activities of the banned religious party Hizb ut-Tahrir. IN Bashkiria, a serviceman Ruslan Asylbaev was convicted, and Yekaterinburg - unknown 22-year-old serviceman of the internal troops. Both were blamed promotion of the ideas of the organization (in particular, among colleagues) and dissemination her materials. Both were sentenced to five years in prison general mode. Recall that we consider it unlawful to accuse followers "Hizb ut-Tahrir" in terrorist crimes only on the basis of party activities (holding meetings, reading literature, etc.).

Two cases of religious extremism were closed in November.

At the beginning of the month, it became known about the termination of the criminal case under Part 2 of Art. 1 st. 282 of the Criminal Code of the Russian Federation, initiated in 2013 against Nail Bikmaev, Imam Rostov Cathedral Mosque of the Central Spiritual Administration of Muslims Rostov region. The prosecutor's office of the Rostov region and the prosecutor's office of Voroshilovsky district of Rostov apologized in writing to Bikmaev for unreasonable bringing to criminal responsibility. According to investigators, the imam in 2011-2012 years allowed in his sermons statements aimed at inciting racial, national, religious and social hatred, including against the Jews and Christian. During the search illegally prohibited books were confiscated from him. "Gardens of the Righteous" and "Muslim's Fortress". Repeated an examination conducted by the Institute of Criminalistics of the FSB showed that the statements imam "taking into account the context do not put the purpose of causing enmity or hatred towards representatives of confessions .

On the same days in Novosibirsk, after the statute of limitations had expired, the criminal case was closed under Part 2 of Art. 282.2 of the Criminal Code in relation to Nurlan Borbiev, Ibrokhim Dzhurakhudzhaeva and 14 other people. All of them were accused of distributing ideas of Tablighi Jamaat, recruitment of supporters and participation in meetings held by Tablighi Jamaat. Recall that we consider as an unlawful ban on the Tablighi Jamaat religious association, which was engaged in the propaganda of Islam and was not seen in any appeals to violence, and we consider the persecution of its supporters unjustified.

Administrative the pursuit

In November, we learned that Art. 20.29 of the Code of Administrative Offenses for the distribution of illegally prohibited materials or storage of such for the purpose of distribution was involved four people. A pensioner from the village of Chernigovka, Primorsky Krai, was fined a thousand rubles after two copies of Zhuan Falun were found at her home (foundational book of Chinese spiritual practice "Falun Dafa") and two citizens testified that she had given them similar books. To the penalty was an elderly woman, head of the community of Jehovah's Witnesses in Serov, was also sentenced Sverdlovsk region, from which 50 brochures were seized, reportedly prohibited. In Chelyabinsk, the court fined the owner of the school two thousand rubles English, in which Ron Hubbard's book "What is Scientology?". Imam-khatib of the village of Kobylkino, Kamensky district, Penza region was fined a thousand rubles due to the fact that in a mosque in a free access were banned books "Stories from the Koran" for children and "A general idea of ​​Islam".

In November we learned about three cases prosecution under Art. 20.3 of the Code of Administrative Offenses for demonstrating extremist symbols, not aimed at promoting extremism.

Publicist from Petrozavodsk Vadim Shtepa was fined for posting a photo of a Finnish tank from the Second World War on a social network world war with the hakaristi symbol, reminiscent of the Nazi swastika, which still used by the Finnish Army and depicted on the presidential standard Finland, as well as photographs of "Yarosh's business card" and an illustrated publication in which the blogger compared the historical Karelian flag with the flag "Right Sector".

On the day of the "Russian march" in Volgograd, the court sentenced the coordinator of the "International Human Rights Alliance" activist "People's Militia. Minin and Pozharsky" Anatoly Boltykhov to arrest for nine days for accommodation in May 2014 on the page in the social network "VKontakte" of the election poster leader of the "Right Sector" Dmitry Yarosh. Remember, the Supreme Court recognized the Ukrainian "Right Sector" as an extremist organization only in November 2014. Note, however, that since the image has not been removed after the ban on the "Right Sector", from that moment law enforcement the authorities could consider the existence of the image on the social network as a continuing offense.

A resident of Chelyabinsk was fined for publication in 2012 on the VKontakte social network containing Nazi symbolism of a frame from the film "Iron Sky" - a fantastic comedy about the war of earthlings with the Nazis, who took refuge after World War II on the moon.

Prohibition and blocking of materials for extremism

In early November, the Sakhalin Regional Court overturned the scandalous decision of the Yuzhno-Sakhalinsk court dated 12 August 2015 on the recognition of the extremist book "Prayer (dua) to God: its purpose and place in Islam." We welcome the decision of the regional court, because we consider it unlawful to recognize this book as extremist. On our view, propaganda of the superiority of one religion over others cannot be considered a sign of extremism, since it is contrary to both the law and common sense: any believer is convinced of the truth of a religion, an adherent of which he is. We also consider attempts to consider ancient religious texts from the position of modern legislation, ridiculous and extremely harmful, since they are regarded by believers as an encroachment on the sacred scripture and impeding the exercise of their right to freedom of conscience.

Pervomaisky District Court of Izhevsk in early November stopped civil case on recognition of the book "Falun Dafa" as extremist material. The lawsuit was based on the contention that the book was similar in content banned book Zhuan Falun. Plaintiff, Republican Attorney, withdrew his application, because at the preliminary hearing in September 2015, it turned out that he could not name the imprint of the book, which demands to be recognized as extremist. As a reminder, we consider the bans on the materials of the followers of the Chinese the spiritual practice of Falun Gong unfounded and unlawful.

Note, by the way, that at the end of the month the editors of the Internet resource Portal-Credo.ru received a written warning from Roskomnadzor for publication of a text by Canadian human rights activists David Matas and David Kilgour "Report on verification of allegations of organ harvesting from followers Falun Gong in China." A brochure with the same title, published in 2007, included in the Federal List of Extremist Materials. According to the portal, The text was published back in 2006. The text that caused claims by Roskomnadzor was removed from the portal in 2015. We believe that this report by Canadian human rights activists on the problem of the persecution of Falun Gong in China, has no signs of extremism.

At the end of November, the Leninsky District Court of Grozny satisfied statement of claim of the prosecutor's office of the Chechen Republic and recognized as prohibited to distribution on the territory of Russia a Twitter page called Charlie Hebdo. According to the prosecutor's office, with which the court agreed, "Charlie Hebdo" page contains " images intended to offend the religious feelings of believers, expressing a disrespectful attitude towards the images of the prophets , "and caricatures on the crash of the Russian aircraft A321 in Egypt. The department indicated that of these materials dissemination serve as a prerequisite for inciting interethnic, religious hatred and animosity ". Which account is banned is not reported, but on Twitter there are many accounts called "Charlie Hebdo", not related to the publication. We believe that restricting access to cartoons "Charlie Hebdo" violates the right to freedom of speech. Such a basis for prohibition of materials, as the fact that their distribution " may serve as a prerequisite" to anything, has too broad: under this wording, one can arbitrarily sum up a little or not any statement. However, from our point of view, cartoons "Charlie Hebdo" contains no signs of incitement to hatred any religious or other community protected by the Russian legislation.

In mid-November, the Leninsky District Court of Vladivostok banned activities for the operation and maintenance of the local file-sharing network and hardware-software complex "SHARA". The prosecutor's office pointed to "systematic facts of distribution in this file-sharing network prohibited by law information, including child pornography, extremist materials, information that can be used to make explosives and explosive devices, potentially endangering safety and could lead to causing harm to persons using the services of the file-sharing network". Administration file-sharing networks can impose rules on users, but are clearly unable to effectively track content in real time by examining the content of each file. In addition, close the file sharing service for violations that allow individual users, strange: the same unscrupulous users easily use other similar portals.

In the second half of November, Roskomnadzor, upon request The Prosecutor General's Office blocked the website of the Communist workers' movement "Worker way" work-way.com. The site was blocked out of court under the " Lugovoy law " for calls to participate in mass (public) actions held in violation of the established procedure. occasion was served by the fact that the website posted information about protests truckers indicating the place and time of their holding and the names of the organizers, as well as calls for participation in the strike. Recall that we believe that Lugovoi's law unduly restricts the right to freedom of speech and freedom of assembly.