Unlawful anti-extremism in September 2016

We publish an overview of the main and most significant events in the field of illegal application of anti-extremist legislation in Russia in September 2016.

Rulemaking

At the beginning of September 2016, in the midst of election campaign, deputies from the Communist Party Valery Rashkin and Sergei Obukhov submitted to the State Duma a bill providing for inclusion in the Criminal Code of a new article on insulting the feelings of veterans. Wherein the disposition of the first part of the article concerns veterans " intentional distortion of information about the Great Patriotic War war, ... or humiliation or belittlement of the feat of the military personnel of the Armed Forces USSR " (with the exception of cases provided for by Article 354.1 of the Criminal Code on the rehabilitation of Nazism), the second part is devoted to " dismantling, destruction or damage to monuments of the Great Patriotic War ", and the third part includes the same acts, committed either with the use of official position, or previously convicted of this article. Deputies proposed large fines as punishments, compulsory, corrective and forced labor. Supreme Court and the Russian government gave feedback on the bill, which indicated that the demolition monuments can be qualified under a number of already existing articles of the Criminal Code, and in the first part of the article the elements of the crime are not precisely defined. We can add to this that the proposed article largely duplicates the meaning of the existing article 354.1 of the Criminal Code and that both the proposed article and the existing one clearly restrict historical debate and threaten freedom of speech.

In mid-September The Constitutional Court of Russia published a ruling issued on the complaint Barnaul opposition activist Anton Podchasov on the mechanism of functioning list of Rosfinmonitoring. According to the law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism", persons and organizations involved in extremist activities (even those in the status suspect), are entered by Rosfinmonitoring in a special list, after which banks are required to block their accounts and financial transactions. The court dismissed the complaint Podchasova, stating that it was only a precautionary measure not related to deprivation of property, which is applied temporarily and can be appealed through the court. In addition, the Constitutional Court pointed out that the persons on the list have the right use social benefits, are not limited in spending on paying taxes, fines and mandatory payments, and can also spend up to 10 thousand rubles a month for a family member from the salary paid to them. Us blocking accounts and financial transactions of defendants in cases of extremism seems to be an extremely harsh measure: it would be enough to monitor the accounts "extremists". In addition, we believe that such sanctions against suspects are contrary to the principle of the presumption of innocence.

Criminal prosecution

In early September, a criminal case was initiated under Part 1 of Art. 282 of the Criminal Code (inciting hatred) and part 2 of Art. 148 of the Criminal Code (public actions expressing clear disrespect for society, committed in order to offend the religious feelings of believers in places specially designed for worship) in relation to the Yekaterinburg blogger Ruslan Sokolovsky. He was arrested, but the regional court cheated on him measure of restraint to house arrest. The reason for the persecution of Sokolovsky served as three videos published by him. In one of them, the blogger plays Pokemon Go on your phone in an Orthodox church, comments in another the story of catching Pokemon, in the third tells about the one published on the site patriarchy article "If you want to get married, you need not just sigh about it, get ready." The second and third clips are replete with foul language and humiliating characteristics of religion in general, Orthodoxy and Orthodox, however, do not contain any dangerous appeals. We believe that humiliation dignity should be taken out of Art. 282 of the Criminal Code and transferred to the Code of Administrative Offenses, because it does not pose a serious danger to society. Application of Art. 148 of the Criminal Code in connection with catching Pokemon in the temple is completely inappropriate: none of visitors to the temple did not notice the actions of the blogger and, moreover, did not suffer from them, no damage to objects of worship, and the video did not encroach on the sacred space.

In Moscow, rapper David Nuriev, known as Ptah, became a defendant in a criminal case on inciting hatred or enmity in in relation to " a group of persons united on the basis of" the provision assistance to law enforcement agencies in the search and detention of criminals, and who are representatives of the public organization "Antidealer" (part 1 of article 282 of the Criminal Code). The case is related to Ptakha's speech about the Antidealer movement, which he said on September 23, 2015 at the 16 tons club. rapper is under bail. The persecution of Nureyev for this speech we We consider it unlawful: it can contain insults against activists "Anti-dealer" and a call for illegal actions - damaging them property, but not incitement to violence. Moreover, we believe that individuals providing assistance to law enforcement agencies are not a vulnerable social a group requiring protection in the form of anti-extremist legislation. We are generally convinced that the vague concept of "social group" which is a source of abuse should be excluded from composition of anti-extremist articles.

In Tula, the investigation reported completion of the investigation against a 29-year-old local resident who is accused according to part 1 of Art. 282 of the Criminal Code. Investigators believe that he is on his social media page. network "VKontakte" posted 10 materials, " degrading veterans of the Great Patriotic War and fighters Red Army ", and justifying the ideology of Nazi Germany. Recognition of war veterans and soldiers of the Red Army as a vulnerable social group, in need of protection by anti-extremist legislation, it seems to us dubious.

In September, persecution of Hizb supporters continued. ut-Tahrir". In early September, four Sevastopol Muslims: Ruslan Zeytullayev was found guilty under Part 1 Art. 205.5 of the Criminal Code (organization of the activities of a terrorist organization) and sentenced by the North Caucasus District Military Court to seven years in prison general regime colonies, and Ferat Saifullaev, Rustem Vaitov and Yuri (Nuri) Primov were sentenced to five years in a penal colony, each under Part 2 of Art. 205.5 CC (participation in the activities of a terrorist organization).

At the end of the month, the Moscow District Military Court delivered a verdict against a citizen of Tajikistan Abdulaziz Usmonov. He was found guilty under Part 2 of Art. 205.5 of the Criminal Code and sentenced to four years and four months of imprisonment in a penal colony.

At the end of September it became known that the case of a follower of Hizb ut-Tahrir" from Nizhnevartovsk, who is accused, in addition to part 2 of article 205.5, and under part 1 st. 282 of the Criminal Code (inciting hatred). According to the investigation, he not only participated in the activities of a banned organization, but also placed in social networks xenophobic videos (according to various sources, they were directed against representatives of a certain nationality or against police officers and Christian).

In the same days, the investigators announced the initiation criminal case on chch. 1 and 2 Art. 205.5 of the Criminal Code in relation to eight residents Tatarstan: Edgorzhona Abdumuminov, Ilnara Valiullina, Kamil Mikhailov, Marat and Renat Shammasov, Marat Davletshin, Zulfat Safin and Bulat Makhmutov. They are accused of creating a Hizb ut-Tahrir cell in the Zelenodolsk region of the republic and participating in it.

Persecution of Hizb ut-Tahrir members on antiterrorist articles only on the basis of party activities (holding meetings, reading literature, etc.) we consider unlawful.

Administrative persecution and banning of organizations for extremism

In September, traditionally attracted attention law enforcement Jehovah's Witnesses. At the beginning of the month, the headquarters Ministry of Justice of Russia for the Khabarovsk Territory and the Jewish Autonomous Region suspended the activities of the local religious organization of Jehovah's Witnesses in Birobidzhan and filed a lawsuit for its liquidation for carrying out extremist activities. Earlier this year, the head of the community was fined under Art. 20.29 of the Code of Administrative Offenses (mass distribution of extremist materials) after after ten banned publications were found in the organization's premises. This was at least the second fine imposed on the head of the community, and in 2014 and 2015 years, the Birobidzhan organization of Jehovah's Witnesses received warnings about inadmissibility of extremist activity.

At the beginning of the month, it became known that the prosecutor's office issued a warning about the inadmissibility of extremist activity organization of Jehovah's Witnesses in Novorossiysk. This happened after a member of the community was fined under Art. 20.29 of the Code of Administrative Offenses.

At the end of September, a similar warning received a community of Jehovah's Witnesses in Saransk, previously fined 100,000 rubles for possession of extremist materials for mass distribution.

We consider it illegal to ban materials Jehovah's Witnesses, persecution of believers for their distribution and liquidation of organizations of Jehovah's Witnesses for carrying out extremist activities.

The unlawful persecution did not stop in September Muslims. In the middle of the month it became known that in July the Samara Regional Court decided to liquidate the religious group "Mosque of Mirmamed" from Chapaevsk for carrying out extremist activities, and now believers appeal this decision to the Supreme Court. At the beginning of the year, the imam of the Ilgar mosque Huseynov received a warning about the inadmissibility of extremist activities, and then was fined twice under Art. 20.29 of the Code of Administrative Offenses: first for publishing a banned film on a social network "Miracles of the Quran", and then - for keeping in the mosque in order to distribute collection of prayers "Fortress of the Muslim". We consider both prohibitions unlawful, and therefore the decision to ban a religious group, from our point of view vision is wrong.

For distribution of the mentioned book "Fortress of the Muslim" in September was fined 2 thousand rubles under Art. 20.29 of the Code of Administrative Offenses, a resident of the city of Chudovo, Novgorod Region.

At the end of the month in Irkutsk on the same article Tajik citizen Ravshan Sullaymonov was fined 1,000 rubles published on the social network "VKontakte" a video with a lecture on Islamic preacher Khalid Yassin "Aliens", which was recognized extremist in 2012. We consider the ban on this video unlawful: lecturer, although he contrasts Islamic religiosity with temptations the modern world and Western civilization does not preach the violent way conflict resolution.

At the end of September in Bakhchisarai were managers were held administratively liable in the form of fines Interlis of the Crimean Tatar people Ali Khamzin and Ilmi Umerov. They were recognized guilty of participating in the activities of a public association, activities which was suspended (part 1 of article 20.28 of the Code of Administrative Offenses). On the same day, the Supreme Court Russia approved the decision of the Supreme Court of the Republic of Crimea on the recognition of the Mejlis extremist organization. We believe that the ban of the Mejlis has no weighty grounds due to the activities organization, it is dictated by political motives. From our point of view, this the decision is not only illegal, but also politically reckless, since capable of provoking an aggravation of interethnic relations on the peninsula.

At the end of September law enforcement agencies interrupted a meeting of followers of the Chinese spiritual practice Falun Gong, held in the Moscow region. A protocol was drawn up against the organizers under Art. 20.3 of the Code of Administrative Offenses (public display of Nazi symbols). With our point of view, the persecution of Falun Gong under this article illegal: the emblem of the spiritual practice contains a sign reminiscent of the Nazi swastika, but twisted the other way. The swastika is generally common in the East as a solar symbol, and the emblem of Falun Gong does not have attitude towards European Nazism.

In addition, in September we became aware of more several cases of misuse of Art. 20.3 of the Code of Administrative Offenses. In Sochi on this article was fined 1 thousand rubles with confiscation of the subject of the offense seller of a 1940 German helmet who posted a photo of it on Internet bulletin board. We believe that this article should not apply to antique dealers, but to modern manufacturers and distributors of items with Nazi and neo-Nazi symbols, and the confiscation and even more so the destruction antiques are inappropriate.

PARNAS activist Yevgeny Bakhotsky in Krasnoyarsk reported on prosecution under Art. 20.3 of the Code of Administrative Offenses for publishing collages with an image on a social network Vladimir Putin in the form of an SS and with the image of Putin with the mustache of Adolf Hitler and signed "Get out of Ukraine". If spread by the opposition information is complete, then his persecution, from our point of view, is unlawful. We stand for taking into account the context of the demonstration of Nazi symbols, and in this case, the goal of propaganda of Nazi ideology is absent.

In the Tula region Chernsky district court fined local resident Ilkin Nurakhmedov 2,000 rubles for publishing in social networks "VKontakte" video recordings "The whole truth about ISIS" with symbols of this banned organization. None of those available online videos with this name is not a propaganda video of the "Islamic state", and all other materials published by Nurakhmedov on page on the social network, are definitely not related to Islamist propaganda. From our point of view, fight the demonstration symbols of banned organizations should only be used when it comes to about propaganda of their activities, so we are inclined to persecute Nurakhmedov be regarded as illegal.