Unlawful anti-extremism in November 2016

We we publish an overview of the main and most significant events in the field misuse of anti-extremist legislation in Russia in November 2016 of the year.

Rulemaking

IN November, the text of the published back in March 2016 by order of the General prosecutor's office, in a new way regulating procedure for banning materials for extremism.

Right apply to the courts with similar claims now exclusively owned to the prosecutor's offices of the constituent entities of the Russian Federation and equivalent to them military and specialized prosecutors. They are the ones who should cook. claims based on inspections materials for extremism using information from prosecutors city ​​and district level.

More In addition, the prosecutor's offices of the subjects of the federation must agree in advance claims prepared by them with the Office of the Prosecutor General for Supervision for the implementation of laws on federal security, international relations, countering extremism and terrorism (military prosecutor's offices will coordinate claims statements with the Chief Military Prosecutor's Office).

IN The order contains a call not to allow actions that could provoke adverse social consequences and, in particular, to take into account the law on the prohibition for the recognition of extremist sacred scriptures of world religions and quotes from them.

We We believe that the order of the Prosecutor General's Office may lead to a decrease in illegal prohibitions of materials for extremism and will generally slow down the pace growth of the Federal list of extremist materials, which we consider extremely bad tool. However, it is necessary note that the order was signed in March, but for the period that has elapsed since publications, we are aware of cases where lawsuits the prosecutor's office filed a ban on materials district and city levels.

Criminal the pursuit

IN November it became known that in the middle October in Rostov-on-Don popular blogger, retired sailor Vyacheslav Kuteinikov was sentenced under Part 1 of Art. 282 UK (inciting national hatred) to two years' imprisonment with probation probationary period of three years. Court found Kuteinikov guilty of placing on social networks, particularly in LiveJournal, information to stimulate hatred towards Russians. Sentence It entered into force. We have seen part publications imputed to Kuteinikov. In them, he criticizes campaign of anti-Ukrainian propaganda, deployed on Russian television. The context of the statements testified about what Kuteinikov used derogatory remarks about not of the whole people, but of the participants in the information war with Ukraine, and at the same time limited swearing, not allowing calls for violence. We did not find a blogger in these texts signs of incitement to hatred, corresponding to the composition of Art. 282 of the Criminal Code, and consider his sentence illegal.

IN early November Zelenogradsky district Moscow court sentenced a man with no previous convictions 20-year-old Evgeny Kort to the year of deprivation freedom in the colony-settlement under Part 1 of Art. 282 of the Criminal Code (inciting national hatred). Cort accused of posting on social media "VKontakte" collage with a neo-Nazi Maxim Martsinkevich (Tesak) and a man who looks like Alexander Pushkin. In the picture, Tesak presses Pushkin to wall, accompanying it with a comment with xenophobic insult. During investigation found that image contains " set psychological and linguistic signs of humiliation of non-Russians ". The defendant claimed that he did not publish image, but just save it to album on your social media page. We consider criminal prosecution posting a single image unreasonable, and punishment - disproportionately strict. Court appealed sentence.

IN at the beginning of the month, the department of the Investigative committee for the Vladimir region announced the initiation of a criminal case according to part 1 of Art. 282 of the Criminal Code (incitement of hatred and hatred based on social group) against a 21-year-old a resident of Gorokhovets. accused of being under arrest in May 2016 posted in the public domain under a pseudonym on the page of the social network "VKontakte" video containing signs inciting hatred against antifa. With our point of view, a criminal case has been initiated illegally. Anti-fascists are not to vulnerable groups in need in defense under this article. In addition, we consider that an indefinite concept social group should be excluded from the anti-extremist articles of the Criminal Code.

IN at the beginning of the month, the Federal Security Service of Russia in Ulyanovsk region opened a criminal case under Part. 1 st. 280 of the Criminal Code (public calls for extremist activities) in relation to an activist "Left Bloc" Danila Alferyev. The occasion was his speech at communist rally November 7, 2014 of the year. In connection with this presentation 23-year-old Alferyev previously became a defendant criminal case under Part 1 of Art. 282 of the Criminal Code (excitation hatred or enmity on the basis of belonging to a social group). IN him an activist with a not entirely clear goal parodied the famous speech of the leader of the Moscow branch Eurasian Youth Union Andrey Kovalenko, urged to "clean up" the "fifth column" in the State Duma, take part in the conflict in Donbass and " clear Russia from occupation " - after receiving the relevant order of Gennady Zyuganov (and not Putin, as it was in the original). From our point vision, Alferyev's words do not fall under Art. 282 of the Criminal Code, and the question of whether is it possible to interpret the speech of an activist in the spirit of Art. 280 of the Criminal Code, controversial: Alferyev's calls cannot be regarded as direct, and public the danger of appealing to Zyuganov so that he pushed the youth to disobedience, obviously small.

IN November, several guilty verdicts for involvement to the activities of Hizb ut-Tahrir. Volga District Military Court sentenced a resident of Nizhnevartovsk Part 2 Art. 205.5 of the Criminal Code (participation in activities terrorist organization) and Part 1 of Art. 282 of the Criminal Code (inciting hatred) to six years in a general regime colony. Moscow district military court on site meeting in St. Petersburg verdict against Muslims Dmitry Mikhailov and Isa Ragimov, a native Dagestan. Mikhailov was found guilty under Part 1 of Art. 205.5 CC (organization of terrorist activity organization) and sentenced to 16 years, and Ragimov - to 12 years in a strict regime colony under part 2 the same article. Six other people were arrested in November in St. Petersburg the same accusation. We consider it illegal persecution of Hizb ut-Tahrir members under anti-terrorist articles only based on party activities (holding meetings, reading literature, and so on.).

Administrative the pursuit

IN late October Sortavala city the court fined the Sortavala local historian, art director of the almanac "Serdobol" Vitaly Rystov for 1 thousand rubles under Part 1 Art. 20.3 of the Code of Administrative Offenses (public demonstration Nazi symbols). Rystov was charged posting on a social media page "VKontakte" of three images from swastika. He pleaded not guilty, saying that saved the posters to his page for professional needs and did not know that strangers can see them. Rystov, judging by the content of his account, adheres to left-wing patriotic views; we believe that the publication Rystov historical posters with the swastika was not aimed at propaganda Nazi ideology, and therefore persecution is illegal.

IN November it became known that Budyonnovsky City Court of the Stavropol Territory fined the local Witness congregation Jehovah for 500 thousand rubles under Art. 20.29 Administrative Code (storage of extremist materials in for mass distribution) law enforcement reports that banned pamphlets were discovered at the Kingdom Hall and in the leader's home communities. According to believers, in the Kingdom Hall recognized extremist materials were planted, and seized from the head of the community prohibited literature. In the middle november Chapaevsky City Court of Samara area fined the local religious organization of Jehovah's Witnesses by 150 thousand rubles. As in Budennovsk, in Chapaevsk believers claim that banned pamphlets were planted in community prayer house. We believe illegal ban on literature Jehovah's Witnesses as extremist and persecution of believers for her distribution and evaluate similar actions of the authorities as a religious discrimination.

TO liability under Art. 20.29 Administrative Code in November attracted Muslims. Inhabitant of Cherkessk accused of trying to transfer to the colony N3 in the Orenburg region for storage in the prayer room the forbidden "Book monotheism." "The Book of Monotheism" Saudi theologian Salih al-Fawzan contains strong criticism of apostasy from the true, from his point of view, Islam, however, does not promote the use violence against those whom the author considers apostates or infidels. We believe persecution for distributing this the book is illegal, as is its ban.

Lopatinsky District Court of the Penza Region fined the imam-hatib of the mosque of the village Old Karlygan Samyat Atyakova for a thousand rubles after during the prosecutor's checks in end September, five copies of the brochure "Islam Today" Abu Ala al-Maududi. In 2007 this edition was recognized as extremist Bugurslan city ​​court. Atyakov told the court, that he did not know about the pamphlet's ban, and also that publications were donated to the mosque by someone from parishioners back in 2003. Brochure "Islam today" does not contain aggressive appeals, and we believe that its ban and persecution for its distribution illegal.

Evpatoria the city court fined the imam of the mosque Khan-Jami Elmar Abdulganiev, accusing its in storage in the mosque of literature banned religious association "Nurcular" in order to distribute it. The parishioners present at the search reported that people who introduced themselves FSB officers carried it out in full in the dark, with the electricity off, and could throw books. Imam intends challenge the court's decision. We believe illegal ban on writing Turkish theologian Said Nursi, confession extremist never existed in Russia of the organization "Nurcular" and persecution of Muslims for involvement to her activities.

IN November, two Chuvash activists of the Party freedom of the people (PARNAS) faced with prosecution under Art. 20.29 Administrative Code for publication of images of deputy Vitaly Milonov with a forbidden slogan. Recall that the slogan "Orthodoxy or death!", printed on T-shirts, sold on the Internet was banned Cheryomushkinsky District Court in 2010 and included in the Federal List of Extremist materials (paragraph 865). He is popular among aggressive part of representatives some Orthodox organizations (for example, the Union of Orthodox banner-bearers). But historically he belongs to one of the Athos monasteries and is not interpreted as a death wish unorthodox, but as an opposition Orthodoxy and spiritual death: "either We will be Orthodox, or we will die spiritually." The vast majority of those who uses this slogan, understand it exactly. Therefore, we consider this prohibition is illegal. Dmitry Semenov from Cheboksary was fined twice Tsivilsky District Court per thousand rubles for a repost in the social network "VKontakte" in 2014 two photos with a deputy Vitaly Milonov - in a T-shirt with the inscription "Orthodoxy or death" and already in suit, but with a mention of the same slogan. And here is Dmitry Pankov, also held accountable for repost photos of Milonov with a caption, containing the ill-fated slogan avoided: Novocheboksarsky city the court decided to dismiss the case, accepting taking into account police violations protocol, as well as the fact what's on the federal list of extremist materials the slogan is introduced with an exclamation mark sign, and in the published by Pankov phrase "Orthodoxy or death" exclamation mark was missing. However, law enforcement promised to appeal this decision of the court.

blocking materials for extremism and other state action

IN November there were reports of blocking community "Rashka — Square Vatnik" in the social network "VKontakte". The group was banned by decision Kuibyshevsky District Court of Omsk, which was rendered on September 21, 2016 of the year. The court decision states that community" was a number of photographs of the president were discovered Russia in Nazi uniform with accompanying attributes of the form of Nazi soldiers Germany, photos of the Nazi swastikas in various forms and interpretations , " quotes, posts, articles and user comments, as well as images that offend representatives of the Russian nation and the current authorities ", " explicit, not open to any other interpretation and doubts calling for the implementation extremist activity or justifying or justifying the need for such activities, publications containing ideas to ignite national and religious hatred and enmity ."

IN community "Rashka - Square Vatnik" published satirical comics, whose hero is the eponymous character invented in 2011 by the network cartoonist Anton Chadsky. Vatnik - a collective image endowed with moral character and all sorts of conservative attitudes and prejudices, from the point of view of Chadsky, characteristic of the average Russian layman. Because the community "Rashka - Square Vatnik" in "VKontakte" is blocked, we read the content of other online communities dedicated to the same hero. Despite the inherent publications crude humor, they do not contains dangerous aggressive appeals in relation to Russians or Orthodox, which could be regarded as signs of incitement to hatred. If similar statements were made in individual comments in the group "VKontakte", from our point of view, law enforcement should not to block the whole page, but to express your claims to the moderator. Concerning publication of images from the Nazi symbolism, recall that we are performing against the prohibition of such, when it is not It is about propaganda of Nazi ideology. In particular, persecution for the use Nazi symbols as expressive means of criticizing opponents seems us unjustified.

IN at the beginning of the month it became known about the beginning in the Vyborg city court lawsuit by the Association of Evangelical Christians "Gideon", which deals spreading the Bible throughout the world, to the Vyborg customs. In July 2016 The Association tried to import into Russia edition of the New Testament and the Psalms, but the books were detained because the customs officers confused them with the materials of the Witnesses Jehovah (remember, at the beginning of 2016, customs in Vyborg withdrew the edition of "Holy Scriptures in the New World Translation, the court filed a claim for recognition of the book extremist) and demanded to conduct a psychological-linguistic examination of biblical books to determine if they are extremist literature. Association "Gideon" presented to the chief customs expert opinion of the department Religious Studies of the Russian State Pedagogical University named after A.I. Herzen, in which he settled that the New Testament and the Psalms are parts of the Bible. Recall from November 2015 year in Russia there is a law prohibiting recognition as extremist texts four world religions, including Bible. Customs refused to accept expert attention conclusion. As a result, the car missions with 20 thousand books stood for a long time at customs, the books have fallen into disrepair, as a result, the circulation had to be sent back to Finland where it was printed. Mission "Gideon" tries to challenge customs actions.