Unlawful anti-extremism in April 2016

We publish review of the main and most significant developments in the field of illegal application of anti-extremist legislation in Russia in April 2016.

Rulemaking

In the beginning of April Deputy Irina Yarovaya and Senator Viktor Ozerov submitted two draft law that provides for an unprecedented increase in penalties for terrorist and extremist crimes, and also contain a number of repressive innovations of a procedural nature. Among the measures proposed Yarovaya and Ozerov, the abolition of all types of punishment other than imprisonment under most anti-extremist articles, the introduction of penalties for involvement in extremist activity and for failure to report terrorist activities (in including for teenagers), deprivation of citizenship for involvement in terrorist activities for newly acquired citizenship and vice versa travel restrictions for indigenous citizens convicted of anti-terrorist and anti-extremist articles, before the removal of a criminal record (and even for those who received warning about the inadmissibility of terrorist activities, genocide, unleashing a war, etc. - for five years), as well as equating the Internet with the media in the sense of the danger of a statement for an article about propaganda of terrorism. Besides, according to the intention of the legislators, investigators should be provided with access to electronic communications of the suspect for a period of three years prior to the decision on authorization and, accordingly, telecom operators should be required to keep all communications materials, from texts to videos, for the previous three years. More You can read about all the proposed measures here , with the opinion of the director of the SOVA Center Alexander Verkhovsky regarding proposed bills can be viewed here .

Your fight plan with extremism and terrorism in April, outlined the head of the Investigative Committee Alexander Bastrykin. Weekly "Kommersant-Vlast" published an article Bastrykin, in which he proposes to think about the introduction of censorship in Russia in Chinese version - with a complete ban on the work of foreign print and electronic media, prohibit the anonymous use of cryptocurrencies, introduce extrajudicial the procedure for replenishing the Federal List of Extremist Materials, to punish for calls for extremism, "associated with falsification of information about historical facts and events", in particular, with the denial of the results of the Crimean referendum, provide for the confiscation property for extremist and terrorist crimes and deprive government payments to relatives of terrorists. More about the initiative Bastrykin we wrote here .

In general, one should reiterate once again that Russian law enforcement practice does not revealed the prerequisites for tightening measures to combat extremism, since at the moment, the prosecution almost never asks for maximum penalties under the relevant articles. The introduction of unnecessarily cruel punishments in general only leads to increased tension in society. We also believe that the fight against extremism and even terrorism cannot justify and does not require the introduction of measures more restrictive and so excessively limited in Russia the right to freedom words, including historical discussion, the right to information and the right to privacy, freedom of religion and movement.

Criminal prosecution

In early April, against the deputy of the Kursk Regional Duma journalist Olga Li was prosecuted under Art. 282 UK (incitement of hatred or enmity, as well as humiliation of human dignity on the basis of belonging to a social group of representatives of the authorities, in in particular, law enforcement officials and the judiciary). occasion served as a publication on the Internet video with her speeches, as well as the text of her appeal to the President Putin, posted in the public domain on Lee's page on the social network "In contact with". Earlier, due to the fact that Lee accused Judge Leninsky district court of Kursk to Lyudmila Shurin in issuing an unjust decision, against she was prosecuted under Part 1 of Art. 298.1 of the Criminal Code on libel against a judge. Both cases were merged in one production. Lee's performances do contain harsh criticism of the foreign and domestic policy of the authorities and accusations of some of them representatives in the Kursk region in embezzlement and other offenses. However, with our point of view, in these publications are not contains no dangerous appeals. We also recall that, according to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 "On judicial practice in criminal cases on extremist crimes" dated June 28, 2011, "criticism in the media of officials (professional politicians), their actions and beliefs by themselves should not be considered in all cases as an act aimed at humiliating the dignity of a person or a group of persons, since the limits of permissible criticism are wider in relation to these persons than in against individuals " . From our point of view, when evaluating the activities Olga Li, a journalist by profession, law enforcement agencies should be guided by this clarification of the SC.

In April it became it is known that at the end of March the FSB Directorate for The Republic of Buryatia opened a criminal case under Part 2 of Art. 280.1 CC (public calls on the Internet for the implementation of actions aimed at violating territorial integrity of the Russian Federation) on the fact of posting certain publications in the social network "In contact with". As part of the criminal investigation, search of Vladimir Khagdaev, a resident of Ulan-Ude, who, according to the investigation, September 30, 2014 to January 16, 2015 published under a pseudonym "Chingis Bulgadaev" statements calling for implementation actions aimed at violating the territorial integrity of Russia. Group on the social network led by Khagdaev was included in the Unified Register of Banned Sites and closed by the administration of "VKontakte", and the page "Chinggis Bulgadaev" blocked by "law Lugovoi" based on requirements of the Attorney General. According to information shared on social media, Khagdaev promoted pan-Mongolism as a doctrine of cultural unity Mongolian peoples, and spoke negatively about the consequences joining the Ust-Orda Buryat Autonomous Okrug to the Irkutsk Region, but did not allow separatist appeals. We were able to get acquainted with at least part of the materials published by Khagdaev in the social network. Many of them survived in the spirit of radical Buryat nationalism, and one is a quote, which mentions the possibility of separation of Buryatia from Russia - but purely hypothetical. We consider it unlawful and in violation of the right to freedom of speech persecution for calls for separatism, if they are not are accompanied by calls for violent action, and such calls for We did not find Khagdaev's page.

In April, the investigation into the case was completed in Kazan Tatar writer Aidar Halim, who is accused of inciting national hatred under Part 1 of Art. 282 of the Criminal Code. The writer is accused of October 2014 during a speech at a rally dedicated to Memorial Day defenders of Kazan, who fell in 1552, made emotional statements in address of Russians with a mention of Russian President Vladimir Putin. It was reported that Halim in his speech repeated the thesis from his own book "Kill empire" about the " biological death " of the Russian people and declared that the salvation of the Russians is possible only after they " get rid of Putin ". Apparently, although Halim adheres to enough radical nationalist views, in the mentioned speech he did not allowed calls for aggressive actions against the Russians, but only expressed his own opinion on the political course of the Russian authorities and imperial thinking.

At the end of April in Moscow, the Investigative Committee filed charges for Part 1 Art. 282 of the Criminal Code to media manager and blogger Anton Nosik. He was given a measure restraint in the form of a written undertaking not to leave. Recall that in November 2015, a criminal case was initiated on the fact of statements Spout, made on October 1 of the same year. It is about its publication in "LiveJournal" entitled "Erase Syria from the face of the Earth" and performance on the radio station "Echo of Moscow". Recall that in our a post on LiveJournal Nosik called for carpet bombing of Syrian territory until the complete destruction of the country's civilian infrastructure and assessed the death of civilians residents, including children, as well-deserved. On the same day on the air of "Echo of Moscow" the blogger confirmed that he supported the killing of women, children and the elderly during military operation in Syria, as they ultimately pose a danger for Israel. We believe that Nosik's statements contain calls for war and allegations of the inferiority of the Syrians, which may incite hostility over attitude towards this people. However, we doubt the need for criminal persecution of a blogger due to the fact that the public danger of his statements small: the hostile attitude towards the Syrians does not have a noticeable spread in modern Russian society, and as for calls for bombing, then they are addressed to the governments of countries, on the decisions of which the opinion of Spout is not has no effect.

In early April, an imam was arrested in Khasavyurt (Republic of Dagestan) mosque "Vostochnaya", chairman of the council of imams of the city of Magomednabi Magomedov. Magomedov is charged under Part 1 of Art. 205.2 (public calls to carry out terrorist activities or public justification terrorism) and Part 1 of Art. 282 of the Criminal Code of the Russian Federation (inciting hatred or enmity, as well as the humiliation of human dignity). Law enforcement officials told the press that " Imam suspected that on February 5 in the village of Vostochny Khasavyurt in the mosque called for the implementation of terrorist activities and publicly justified terrorism. In addition, he posted materials on the Internet aimed at inciting hatred, as well as to humiliate the dignity of a person on the grounds of religion and nationality ." Meanwhile, the content of Magomedov's sermon from February 5, 2016 is widely known. On that day to pray in the mosque "Vostochnaya" gathered from 8 to 15 thousand people in the presence of representatives of law enforcement agencies. The sermon was dedicated to the closing Salafi mosques in the republic. According to believers, the imam declared on the inadmissibility of further pressure on the Salafis by security forces, and also called on community members to be united and peaceful ways to protect their rights. As stated by the Human Rights Memorial Center, "Magomedov, leader of the moderate Salafi community of Khasavyurt, consistently and publicly spoke against violence, against the departure of young Muslims into the "forest" or their departure for the Middle East. By doing this, he really helped save people's lives . " "Memorial" called on the authorities of Dagestan "to do everything possible to prevent the fabrication of a new criminal case against a person who, with all his work, contributes to the pacification of the situation in the Republic . "

In the middle of the month, it became known about the initiation of another case in Nizhnevartovsk according to Art. 282 and 205.5 of the Criminal Code of the Russian Federation (organization of the activities of an organization recognized terrorist or participation in it). Three local residents are accused of cooperation with Hizb ut-Tahrir. By According to the investigation, they recruited supporters and distributed them, including through social network "VKontakte", the materials of this organization, "aimed at on the formation of a negative, hostile and hostile attitude to work law enforcement agencies, representatives of Christianity and the Christian religion in general." We believe that law enforcement officials do not are among the vulnerable social groups requiring protection in the form of anti-extremist legislation, and the formation of a negative attitude towards Christianity should not be interpreted as incitement to hatred unless it is accompanied by aggressive calls. Except Moreover, we consider it unlawful to accuse the followers of Hizb ut-Tahrir" in terrorism only on the basis of party activities (holding meetings, reading literature, etc.).

In mid-April in the village of Krasnokamenka (Kyzyltash) in Big Yalta (Crimea) on suspicion of involvement in Hizb ut-Tahrir (part 2 of article 205.5 of the Criminal Code) Refat Alimov and Arsen Dzhepparov were arrested for two months.

In mid-April, the Kirovsky District Court of Yekaterinburg sent the "master of voodoo" Anton Simakov for compulsory treatment. Recall regarding Simakov criminal proceedings were initiated case under Part 1 of Art. 148 of the Criminal Code of the Russian Federation (public actions expressing clear disrespect for society and committed with the aim of insulting the religious feelings of believers) in connection with the fact that in October 2014 in his office he performed a certain ceremony, the purpose of which, according to him, was to magically influence the authorities Ukraine. The ritual used a voodoo doll, the blood of a sacrificial animal, and also objects of Christian worship - a funeral cover, aureole, which put on the dead in the church, a printed copy of the permissive prayer, which is read in the church during the funeral, and a small wooden cross. We are not we see in the actions committed by Simakov a corpus delicti under Art. 148 of the Criminal Code: he had no motive to insult Christian symbols - he only used them in accordance with their religious beliefs.

Administrative persecution

In April, we learned that under Art. 20.29 of the Code of Administrative Offenses for the distribution of illegally prohibited materials or possession of such for the purpose of distribution was prosecuted by two person. Back in February, the Chapaevsky City Court of the Samara Region fined Ilgar Huseynov, imam of the prayer house "Mirmammad Mosque" three thousand rubles. Sernur District Court Republic of Mari El fined a resident of the village of Paranga Dinis Khakimov one and a half thousand rubles. In both cases, we are talking about posting on social networks. "VKontakte" of the banned film "Miracles of the Quran". Recall, we did not discover in this more than two-hour historical and educational video no calls for violence, no excitement hatred, or discriminatory speech, and we believe that it is recognized extremist wrongfully.

According to Art. 20.3 of the Code of Administrative Offenses for demonstration of Nazi symbols without propaganda intent in April, according to To our knowledge, three people were wrongfully prosecuted. Krasnodar LGBT activist Nina Solovieva was sentenced to ten days in jail administrative arrest for posting a video for Boris's song on social networks Sevastyanov "This, baby, is rashism." The song contains harsh criticism Russian state propaganda and foreign policy in connection with the actions in Ukraine, characteristic, according to the author, for totalitarian regimes. Video sequence does contain images of the swastika, since the video uses newsreel fragments from the Third Reich. However, in this case, as in many others, the display of Nazi symbols is not aimed at propaganda of Nazi ideology. Earlier for the same act administrative arrest another Krasnodar activist, Daria Polyudova, was subjected. Severodvinsky City Court fined Valery Sheptukhin, journalist and party activist "Other Russia", for a thousand rubles. He was accused of being published on his page in the social network "VKontakte" photos and swastika drawings. From our point of view, Sheptukhin was fined illegally, because he used historical photographs and other images with a swastika as a polemical means - being a supporter of the DPR, he accuses the current Ukrainian authorities of fascism, and his actions should not be regarded as propaganda of Nazism. Motovilikha District Court of Perm sentenced the leader of the Perm branch of the Party of People's Freedom (PARNAS) Mikhail Kasimov to a fine of one thousand rubles. The reason was a long-standing publication on Kasimov's page on the social network, where he compared Soviet posters with Nazi ones. From our point of view, such a publication cannot be considered propaganda of Nazism. Recall that, according to the Russian law on elections, citizens, subjected to punishment for committing an administrative offense under 20.3 Code of Administrative Offenses, cannot be elected if voting in the elections takes place before the end of period during which a person is considered subjected to administrative punishment, that is, within one year from the date of completion of the execution decision on imposition of administrative punishment. Kasimov himself connects what happened with the desire of the authorities not to let him in the September elections in Legislative Assembly of the region and the State Duma of the Russian Federation. The activist intends to challenge fine.

In April, we learned about two fines under Art. 6.17 of the Code of Administrative Offenses for violation of the rules for the dissemination of information products among children. In the Chelyabinsk region, the world court fined the director of the Uiskaya secondary school them. Tikhonov for 5 thousand rubles, recognizing her guilty of an offense under Part. 1 Article. 6.17 of the Code of Administrative Offenses. Administrative the case was initiated based on the results of a joint inspection by the prosecutor's office of Uisky district and the regional department of the FSB, which showed that from school computers could access extremist materials. We believe, that content filtering programs are ineffective and school personnel are not should be responsible for this. In Angarsk, Irkutsk region for 20 thousand rubles was fined cafe "Crème Brule". The reason was that the cafe provided access to Wi-Fi and at the same time there was no system installed content filtering. After the intervention of the prosecutor's office, the cafe ceased provide visitors with Internet access. We oppose recruiting responsibility for the lack of content filtering of the cafe administrations, Internet cafes, hotels, etc., since they are not only for children (supervised by parents), but also for adult users, whose rights should not be restricted.

Ban on organizations for extremism

On April 26, 2016, the Supreme Court of Crimea recognized public association "Mejlis of the Crimean Tatar people" extremist organization and banned its activities. Solution not yet entered into force and can be appealed to the Supreme Court of the Russian Federation within a month, which is what the lawyer of the Mejlis is going to use. Organization's activities was suspended pending judgment. From our point of view, the ban Mejlis has no weighty grounds due to the activities of the organization in In general, it is dictated by political motives. The prosecution's claims are mainly to the figures of the Mejlis, who are outside the Crimea. The only real accusation against the leadership of the Mejlis, located in the Crimea, - clashes with border guards that happened in May 2014 when Mustafa Dzhemilev tried to enter Crimea. Since then, that is, for two years now, there have been no actions related to violence, in the Crimea, members of the Mejlis did not undertake. In other words, the grounds for claims against the Mejlis are not completely absent, but they clearly do not require such an extreme measures, such as a ban on an organization, the consequences of which can be very serious.

From our point of view, this solution is not only illegal, but also politically reckless, since it can provoke exacerbation of interethnic relations on the peninsula. For the annulment of the decision to ban of the Mejlis, the European Union, the Council of Europe, Turkey, Ukraine, the United States and other countries. In particular, the President of the Council of Europe, Thorbjorn Jagland, said: "The imposition of a ban on his activity based on extremism is an extremely harsh repressive measure, directed against the entire Crimean Tatar community. I call on the Russian authorities take all possible steps to reconsider this decision .” OHCHR The UN also previously recommended that the Crimean authorities withdraw the lawsuit to ban Majlis and stop the persecution of members of this organization.

At the end of the month in the Arkhangelsk Regional Court consideration of the claim of the regional prosecutor's office on the liquidation of the local branches of the religious organization of Jehovah's Witnesses "Central" as extremist organization. The community is charged with the distribution of prohibited brochures. Previously, the organization was issued a warning about the inadmissibility extremist activity, which could not be challenged. Note that the chapter community, which was recently fined for distributing banned literature, in October 2015 he himself submitted an application to the Ministry of Justice for the liquidation of your organization.

In addition, in April, warnings about inadmissibility of carrying out extremist activities were handed down to the communities Jehovah's Witnesses in the town of Polyarny, Murmansk Region, and in Stavropol. IN in the middle of the month, the parent organization, the Management center of Jehovah's Witnesses in Russia. As the religious organization points out, warning characterizes its activities as extremist and prescribes eliminate all identified violations within two months. Thus, there was a threat of a ban on the activities of Jehovah's Witnesses in Russia as a whole (on At the moment, five communities have already been liquidated in various Russian cities). We consider the liquidation of local organizations of Jehovah's Witnesses for extremism, persecution of members of their communities and bans on texts as religious discrimination.