Unlawful anti-extremism in December 2015

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

Rulemaking

IN early December People's Assembly Republic of Dagestan submitted to the State Duma draft law with amendments to the Federal Law "On citizenship of the Russian Federation". According to the text of the bill, it is supposed to deprive the Russian citizenship of all who participate in military actions against Russian troops or peacekeepers, and also involved in terrorist or extremist activities against Russian citizens, both abroad and and within the country. The adoption of such a law would give the authorities a truly unlimited space for abuse the field of combating extremism and terrorism. However, before it accept, you will need to make changes to the constitution, which states that a citizen Russian Federation cannot be deprived of his citizenship or right change it.

IN the same day the government Russia submitted to the State Duma draft amendments to federal law "About mass media". The bill provides for the introduction a ban on the establishment of mass media for persons who are serving a sentence or have unexpunged or outstanding conviction for crimes against the foundations constitutional order and security states, as well as grave and especially serious crimes related to violation of media laws and extremist activities. Note that heavy especially serious crimes of extremist directions are in any case included in the number of crimes against the fundamentals constitutional order and security states. If accepted bill in its current form convicts will be infringed on freedom of speech for any crimes of extremist direction, while sentences often taken out illegally. Restrictions affect, among other things, those convicted of extremist crimes and even of minor gravity (part 1 of article 282, part 2 of article 282.1, part 2, Art. 282.2 of the Criminal Code). At the same time, the efficiency amendment raises doubts: persons on which the ban will apply to media establishment will still be able to participate in the work of the media, established by anyone else.

Except Moreover, the amendments allow Roskomnadzor refuse permission to distribute foreign periodicals publication or revoke such permission, if this edition does not comply with the article media abuse law and anti-extremist legislation generally. In this case, the cancellation occurs according to the results of events for control (supervision) ... without interaction with a distributor of foreign periodical publication " in the manner prescribed by Roskomnadzor. Thus, the draft amendments do not just does not say that permissions should be annulled by the court, but not even hints at exactly how Roskomnadzor will detect violations of the anti-extremist legislation. This gives rise to fear regarding the possibility of issuing Roskomnadzor out of court wrongful decisions, essentially restricting freedom of speech.

Criminal the pursuit

In second half of December October the district court of Krasnodar recognized the Kuban activist Daria Polyudova guilty of Part 2 Art. 280.1 of the Criminal Code (public calls for implementation of actions aimed for violation of territorial integrity RF committed using the network Internet) and hh. 1 and 2 Art. 280 of the Criminal Code (public calls for the implementation of extremist activities, including using the Internet) and sentenced her to two years in prison freedom with serving in a colony-settlement. Criminal case against Polyudova was initiated in August 2014 after attempts by Krasnodar activists organize a march for federalization Kuban". In September of the same year Polyudova was arrested and six months spent under arrest, and in February 2015 was released on bail. She was charged under Part 2 Art. 280.1 of the Criminal Code for publishing on a social network "VKontakte" records that ethnic Ukrainians in the Kuban demand accession to Ukraine, according to part 1 of Art. 280 UK for a photo of a picket with a poster "Not war with Ukraine, but the revolution in Russia", according to Part 2 Art. 280 of the Criminal Code for publishing a call to leave to the square and overthrow the regime. We believe, that the criminal prosecution of Polyudova was partly wrong, partly disproportionately, and therefore her sentence is unlawful.

IN December Crimean Tatar human rights activist from Yalta, Emir-Usein Kuku reported that he was summoned for interrogation due to excitement against him a criminal case under Art. 282 UK (incitement of national hatred). According to Kuku, the case includes both at least 42 of his publications in the social network Facebook, including reposts and comments, in including videos with appeals to Muslims Crimea in different languages, messages about losses of the Russian armed forces in Syria, statements of the leader of the Crimean Tatars Mustafa Dzhemilev about the coming repressions, Maxim Shevchenko's speech in defense muslims, picture of a road sign with the inscription "RF - go away. Unutma, it was like that." Unfortunately, we do not have complete a list of materials from Facebook Kuku, which law enforcement officials believe extremist. In those mentioned by the activist records we see no signs of arousal ethnic hatred. Attempts to interpret rejection in this way annexation of Crimea to Russia, we believe groundless. Recall also that the question of the annexation of the peninsula, clear from the point of view of Russian laws, not so clear in terms of international rights, and, moreover, people, involuntarily who became residents of Russia must have the right to express their views on this account.

IN in the middle of the month the Moscow City Court considered the appeal of Rufer Vladimir Podrezov and commuted his sentence from 2 years 3 months imprisonment up to 2 years and 3 months of restraint. undercuts was released in the courtroom. undercuts previously found guilty under Part 2 of Art. 213 and part 2 of Art. 214 of the Criminal Code (hooliganism and vandalism motivated by hatred) in the case of hanging the flag of Ukraine and the painting of the skyscraper star on Kotelnicheskaya embankment on August 20 2014, four base jumpers, also the defendants in this case were justified. Share liability took over the Ukrainian roofer Gregory Ushivets. Recall that we did not agree with qualification of this case: whoever stood behind the action, it is completely unclear hatred to whom he could be guided, and besides, his actions would be worth consider a minor, not a gross, violation public order and consider as an administrative offense under Art. 20.1 of the Code of Administrative Offenses (petty hooliganism).

In second half of the month in Simferopol law enforcement agencies have search in the house of the priest's parents Ukrainian Orthodox Church in Kyiv Patriarchy (UOC-KP) of Father Sergius. How it turned out that a case was filed against him criminal case under Part 2 of Art. 282.2 of the Criminal Code (participation in extremist activities organizations). During the search, they seized in particular, notebooks with personal notes Father Sergius, his membership card party "People's Rukh of Ukraine". Father Sergiy lives in Ukraine, under the control of Kyiv authorities. We believe that if the persecution priest under Art. 282.2 of the Criminal Code is connected only with his membership in the People's Movement, then it is illegal, because this the party is not among the organizations liquidated or prohibited in Russia for extremist activity.

IN mid-December as a defendant under Part. 1 st. 282.2 of the Criminal Code as part of an investigation criminal case on the organization activities banned for extremism "Army of the Will of the People" (AVN) was activist of the Initiative Group arrested for the referendum "For responsible authority" (IGPR "ZOV") Kirill Barabash. Yuri Mukhin, Alexandra Sokolova and Valery Parfenov, and now Kirill Barabash is accused of that they recreated AVN under a new name, but with the same goals and tasks. Recall that after the ban of AVN the movement IGPR "ZOV" was created with the same ideology. law enforcement the authorities considered that it continued activities of the AVN, and began to persecute its active members. From our point vision, ban AVN , organizations of the Stalinist-nationalist sense, repeatedly seen in xenophobic propaganda, was illegal, since the decision to recognize the motion extremist relied only on prohibition of the leaflet "You chose - you judge!", calling change the constitution so to put unpopular officials outlaw. The ban appears unfounded: call for holding referendum to amend the constitution is not illegal, even if changes are proposed, contrary to the current constitution.

Note that at the end of the month in Nizhny Novgorod a similar case was closed against local activist Pavel Butko. His accused of organizing activities AVN on the grounds that the site banned organization his phone was listed as a contact. According to Butko, the investigation suspected him of continuation of illegal activities based on the existence of the group "Nizhny Novgorod people for the right of the people to judge power", the last entry in which, related to AVN was made in February 2011 and informed about its ban. The prosecutor refused to sign indictment in the case, began to send him to court and returned the case investigator to correct violations. Ultimately, the case was dismissed due to expiration of the statute of limitations.

Soviet district court of Krasnoyarsk in the middle December sentenced two followers Muslim theologian Said Nursi for the continuation of the activities of the prohibited religious association "Nurcular". Andrei Dedkov was sentenced under Part 1 of Art. 282.2 of the Criminal Code to a fine of 150 thousand rubles. Aleksey Kuzmenko was fined under Part. 2 tbsp. 282.2 of the Criminal Code for 100 thousand rubles. Dedkov was found guilty of distributing forbidden books Nursi and created a network places for religious lessons, and Kuzmenko - that in 2011-2014 participated in religious lessons and on behalf of Dedkov, he himself carried out such lessons in which I read and commented Nursi's books and gave them to visitors. Previous similar criminal case against Dedkov was discontinued. Recall we consider it illegal as a ban books of the Turkish theologian Said Nursi, and the ban on 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 Novosibirsk at the beginning of the month was Imam Kamil arrested for two months Odilov, a case has been initiated against him according to part 1 of Art. 282.2 of the Criminal Code. Another Novosibirsk, Uralbek Karaguzinov, was detained as suspect under Part 2 of Art. 282.2 of the Criminal Code, but released after 48 hours period of detention. Odilov is charged organization of "Nurcular" work in Novosibirsk, and Karaguzinov was suspected participation in the activities of prohibited associations. In addition, law enforcement agencies reportedly suggest that another leader cell is Imam Ilkhom Merazhov, however, they have information that located in Turkey. During searches at defendants seized more than 400 books, including including those recognized as extremist. Recall that in 2013 the imams of the Spiritual Asian Muslim Administration Russian Odilov and Merazhov have already been recognized guilty of organizing activities extremist organization and sentenced To year of probation. The pursuit imams was associated only with the study them books Nursi.

IN middle of the month it became known that residents of Chelyabinsk Salavat Khabirov, Alfred Shaimov, Rinat Shamsutdinov, Orifjan Mirov and Radik Kabirov are accused in collaboration with a banned religious Hizb ut-Tahrir party. Them charged with hch. 1, 2 art. 282.2 of the Criminal Code, as well as hh. 1, 2 art. 205.5 CC (organization and participation in terrorist activities organizations) and Part 1 of Art. 30 and Art. 278 UK (preparation for violent capture power or coercion authorities). According to investigators, in 2013 they organized in Chelyabinsk a structural division of Hizb ut-Tahrir, which was headed by Khabirov, held meetings, studied the literature of this organization and involved new people in it. For examination on the merits of criminal the case was transferred to the Moscow district military court. Recall that we believe wrongful accusation of followers Hizb ut-Tahrir in terrorism or in preparation for a coup only on the basis of party activity (holding meetings, reading literature, and so on.).

IN mid-December it became known about initiation of a criminal case under Part 1 of Art. 282 of the Criminal Code against a 19-year-old student from Omsk university of means of communication. According to investigation, the student posted on his page on the social network " extremist humiliating remarks the dignity of a group of individuals identified by religious sign "Orthodox" . This is a commentary on the news about Marilyn Manson concert cancellation Omsk as a result of pressure from "Orthodox activists". Recall, we believe that humiliation should be withdrawn from criminal articles as an act of minor gravity and included in the Code of Administrative Offenses. Moreover, from our point of view, extremely vague concept of social groups should not be used at all in anti-corruption legislation extremism and, accordingly, in Art. 282 UK.

Then it became known about the case of two residents Vyatskopolyansky district of Kirovskaya areas. They are suspected under Part 1 of Art. 148 of the Criminal Code of the Russian Federation (public actions expressing clear disrespect for society in order to insulting the religious feelings of believers). According to the investigation, in September 2015 they arrived at night from the city of Sosnovka to the village of Staraya Malinovka and hung on worship cross specially made scarecrow. It was done as expected investigation, by prior agreement, to offend the feelings of Christians. WITH our point of view, the actions of the suspects did not pose a public danger. It would be right to qualify them as an administrative offense, but not as a criminal offence.

Administrative the pursuit

IN December, we learned that under Art. 20.29 of the Code of Administrative Offenses for illegal distribution prohibited materials or possession such for the purpose of distribution was charged six individuals and two legal entities. Among they are two followers of the Witnesses Jehovahs who were accused of keeping and distribution of prohibited pamphlets: a resident of Stavropol was fined two thousand rubles, and the Voronezh citizen received ten days of administrative arrest. Let us remind you that we consider the persecution of the Witnesses Jehovah in Russia illegal and regard it as religious discrimination. For distribution banned muslim literature three Muslims were fined (this happened back in October-November 2015, but it became known to us in December): a resident Perm was fined a thousand rubles for the publication in the social network "Vkontakte" film "The Miracles of the Quran", and two prisoners of correctional colony No. 11 in Kirovo-Chepetsk - for distribution among the prisoners of the collection of prayers "Muslim's Fortress" and pamphlets Said Nursi "Thirty-three windows". IN Khabarovsk for illegal trading forbidden book by Ilya Falkovsky and Alexander Litoy "Shock squads" against Putin" local chain of bookstores shops OOO Mirs was fined for 100 thousand rubles, and its head - for two thousand. Also for 100 thousand rubles the Chelyabinsk operator was fined communications of ER-Telecom Holding JSC: the reason was that from computers school served by this operator communications, access to prohibited sites. We believe that at school computers should have been installed special filters designed restrict access of schoolchildren to prohibited information, and besides, an oversight operator cannot be qualified article against intentional mass distribution of extremist materials.

IN Shebalinsky district of the Republic of Altai was fined Rs 20,000 Part 2 Art. 6.17 of the Code of Administrative Offenses (non-use by a person organizing access to distributed through information and telecommunication information networks in places accessible for children, administrative and organizational measures, technical, software and hardware protection children from harmful information their health and development) Aktelskaya main general education school. The reason was that from computers in the school computer science room was to visit extremist websites and pornographic content. We believe that school personnel should not be responsible for the inevitable low effectiveness of content programs filtration.

Urban court of Petrozavodsk at the beginning of the month sentenced a Karelian blogger and journalist Vadim Shtepa to administrative arrest for a period of one day under Art. 20.3 Code of Administrative Offenses (public demonstration Nazi symbols). The reason was the fact that Shtepa did not fulfill the previous the decision of the same court and did not delete from his social media pages made in Finland photograph of a WWII tank wars with the hakaristi symbol resembling Nazi swastika (which is still used by the Finnish army), as well as photograph of "Yarosh's business cards" and illustrated publication that he compared historical Karelian flag with the flag of the "Right Sector". Photograph of a historical monument, what is the tank of the times of the Second world, obviously cannot be interpreted like Nazi propaganda. Doubtful in our opinion, also propaganda purpose of publishing Shtepa symbolism "Right Sector". At the end of the meeting Shtepa deleted both of his accounts in social networks.

Ban materials for extremism

IN December on the Federal List of Extremist several materials were included paragraphs reflecting clearly illegal prohibitions issued earlier by Russian courts. Among them is the opposition news website "Express - Kamchatka on line" (p. 3167), two clips set to a famous Ukrainian song "Putin Khu..." (p. 3207), clip of the Saratov hip-hop group "Mushroom Rain", mocking neo-Nazis, several materials for by Archbishop Andrei of the ROAC Maklakov (p. 3209). In addition, in December became aware of the ban in the Yamalo-Nenets district of three analytical articles about ISIS that does not justify its activities.