Unlawful anti-extremism in January 2017

We publish a review the main and most significant developments in the field of misuse anti-extremist legislation in Russia in January 2017.  

Rulemaking

On January 11, 2017, the State Duma approved in the second reading government bill to increase accountability Internet providers for failure to fulfill their obligations to block pages. More You can read about the bill here .

On the same day, the State Duma Committee on Information Policy, Information Technology and Communications Committee recommended that the draft amendments to the federal law "On mass media information", submitted to the lower house of parliament in December 2015 of the year. This bill, among other things, provides for the introduction of a ban on establishment of mass media for persons who are serving sentences or have unremoved or outstanding conviction for crimes against the foundations of the constitutional order and security of the state, as well as grave and especially grave crimes related in violation of media legislation and legislation on countering extremist activity. In addition, the amendments allow Roskomnadzor refuse permission to distribute foreign periodicals publication or revoke such permission if that publication does not comply with Article media abuse law and anti-extremist legislation in general. ABOUT why we oppose the adoption of this bill, we write here .

In the middle of the month, an expert working group considering petitions of the Russian Public Initiative, which received 100,000 votes, were rejected proposal to cancel the "Yarovaya package", but proposed in terms of storage data transmitted by users to increase the storage periods in stages and not oblige providers to store streaming video, IPTV, torrents, etc., which will reduce the amount of stored data by 10 times, and also recommended The State Duma to consider the issue of changes to the current regulatory legal acts in terms of excluding the possibility of a broad interpretation of the concepts "missionary activity", "extremist activities", "insulting the religious feelings of believers", and The Supreme Court urged to inform the courts about the inadmissibility of expansion interpretation of these concepts.

At the end of January, deputy Vitaly Milonov submitted to the State Duma draft law on the introduction of administrative punishment for public insults, associated with " downplaying events of special historical significance for the formation and development Russian statehood, memorable dates of achievements in science and technology , as well as for insulting persons who have special merits before the state. Except In addition, Milonov proposes to provide for punishment in the Code of Administrative Offenses for public " insult to memory victims of political repression, terrorist acts, as well as victims of disasters, natural disasters, armed and interethnic conflicts . "For such offenses, the deputy proposes to impose large fines or compulsory work. From our point of view, Milonov's bill is yet another encroachment on freedom of speech, aimed at to limit public discussion to ideological frameworks lowered from above and move questions related to the sphere of ethics and morality to the sphere of legal regulation. However, we hope that the chances that this bill will be accepted, small.

In January, Rafis Kashapov, who is serving a sentence including Art. 280.1 CC (public calls for the implementation actions aimed at violating the territorial integrity of the Russian Federation), sent to Constitutional Court application challenging the constitutionality of this very articles. Its composition, especially taking into account the clarifications of the Supreme Court of November 4 2016, criminalizes statements that do not contain calls for illegal activities that are inconsistent with constitutional restrictions on freedom words.

Criminal prosecution

The Nakhimovsky District Court of Sevastopol in January sentenced local resident Vitaly Slavikovsky to two years' imprisonment on probation Part 1 Art. 282 of the Criminal Code (inciting national hatred). He was found guilty of inciting hatred towards members of certain ethnic groups, as well as fans of the Moscow "Spartak" by posting materials in social networks "VKontakte". We consider the accusation partially unfounded: Spartak fans are not a vulnerable group in need of protection with the use of anti-extremist legislation.

The Moscow City Court in January changed the sentence of Zelenogradsky district court in relation to Eugene Korta, convicted under Part. 1 Article. 282 of the Criminal Code, replacing his imprisonment with a fine of 200 thousand rubles. Court was so severely punished only for the publication of a racist message on the social network VKontakte collage from the account of the well-known far-right Maksim Martsinkevich (Tesak). WITH our point of view, let Kort sympathize, apparently, with neo-Nazi ideology, publishing a single image was not enough reason to attract him to criminal liability.

In January, the investigation into the criminal case of the leader Tatar Patriotic Front "Altyn Urda" ("Golden Horde") Danis Safargali (part 1 of article 282 of the Criminal Code). On the personal page in "VKontakte" he posted 15 posts that the investigation considered inciting hatred national and religious grounds, as well as hatred for certain social groups. We believe that the persecution of Safargali is at least partly wrong. In particular, we oppose prosecution under Art. 282 of the Criminal Code for publications criticizing or insulting the President of Russia, bodies authorities and the media, since all of them cannot be considered vulnerable social groups requiring protection in the form of anti-extremist legislation. It raises doubts about the legitimacy of the persecution for the video "Rashist pseudo-spirituality of the ROC", which is directed against the ROC as an organization and does not contains aggressive appeals.

The prosecutor's office of the Vladimir region approved the indictment opinion on the case initiated against a resident of Gorokhovets Mikhail Pokalchuk. He is accused of inciting hatred against a social group "anti-fascists" (part 1 of article 282 of the Criminal Code) by posting on a social network video. We believe that anti-fascists are not vulnerable groups population in need of protection by anti-extremist legislation.

In Buryatia, an investigation into the case was completed in January Vladimir Khagdaev, accused under Part 2 of Art. 280.1 of the Criminal Code (public appeals in Internet to violate the territorial integrity of the Russian Federation) and under Part 2 of Art. 228 UK (illegal acquisition and storage of narcotic substances without the purpose of sale in large size). He is charged, in particular, with posting on the VKontakte social network images with a quote from an interview with journalist Alexandra Garmazhapova with criticism of Russian nationalists and mention of the separation of Buryatia from Russia as a hypothetical scenario, as well as two comments on readiness to to assimilate the Russian neighbor with arms in hand and with calls for a " great geopolitical shift ". We consider it unlawful to bring Khagdaev to responsibility for posting image, as it did not contain separatist appeals. Concerning comments, persecution for their publication cannot be called unlawful, but It should be noted that the audience that got acquainted with them was extremely small, and accordingly, they did not pose a significant public danger.

In Kromy, Oryol region, a new criminal case under Part 1 of Art. 282 of the Criminal Code was initiated against the poet Alexandra Byvshev. The reason for the persecution was that Byvshev published in the social network "VKontakte" his poem "On Independence Ukraine". From our point of view, it contains statements that can be interpreted as humiliating for Russians, but we believe that humiliation of dignity should be excluded from the composition of the criminal article as minor act.

Continue to protect themselves from inappropriate and discriminatory accusations of extremism Jehovah's Witnesses. At the beginning of the month Sergiev Posad The city court began retrial of the criminal case, initiated in 2013 under Art. 282 of the Criminal Code (inciting religious hatred) in regarding the elders of the local religious organization Vyacheslav Stepanov and Andrew Sivak. They are accused of quoting during meetings banned brochures of Jehovah's Witnesses containing negative characteristics other religions, including "traditional" Christianity and Christian clergy, and calling to join the Witnesses Jehovah. In March 2016, the Sergiev Posad court acquitted Stepanov and Sivak, however, the Moscow Regional Court overturned this decision and remitted the case for a new trial. consideration.

However, it became known that in December 2016 exonerating grounds, the criminal case against six Jehovah's Witnesses from Taganrog, Rostov Region. Believers were accused under Art. 282.2 of the Criminal Code is that in 2011, by praying and reading the Bible together, they thereby continued the activities of the banned local religious organization of the Witnesses Jehovah "Taganrog".

In Kazan, two people were detained as part of the investigation cases of the "Moscow cell" of a banned religious movement "Tablighi Jamaat", which was initiated in December 2016 under Part. 1 and part 2 of Art. 282.2 of the Criminal Code (organization of the activities of an extremist organization or participation in it). We regard the Tablighi Jamaat ban as illegal, because this association is engaged in the propaganda of Islam and does not was seen in any calls for violence.

At the end of January, the Supreme Court of Russia reduced the term of deprivation freedom of the imam of the Vostochnaya mosque in Khasavyurt Magomednabi Magomedov for six months - up to 4.5 years. The imam was convicted under Part 1 of Art. 205.2 CC (public justification of terrorism) and Part 1 of Art. 282 of the Criminal Code (inciting hatred or enmity) for the fact that in February 2016 he delivered a sermon calling for Salafists to be peaceful ways to protect their rights.

Two defendants in the Crimean case of Hizb ut-Tahrir - Enver Bekirov and Vadim Siruk - in January, additional charges of attempted forcible seizure of power (Art. 30 and Art. 278 of the Criminal Code). Bekirov, Siruk, and Emir-Usein Kuku, Muslim Aliyev, Refat Alimov and Arsen Dzhepparov were previously accused of organizing activities terrorist organization and participation in it (parts 1 and 2 of article 205.5 of the Criminal Code).

Supporters of Hizb ut-Tahrir in Russia still do not were convicted of real conspiratorial activity and preparation of terrorist attacks, and the practice of prosecution on such charges only on the basis of party activities (for example, holding discussions or distributing literature) we we consider unlawful.

Administrative prosecution and other state actions

In January, we learned about three cases of persecution under Art. 20.3 Code of Administrative Offenses for public demonstration of Nazi symbols, which were considered unlawful, doubting that those held accountable propagandized Nazi ideology. Back in December 2016, the Lomonosovsky District Court Arkhangelsk fined the head of the Center "Civil security" by Denis Danilov, and on January 19, the Arkhangelsk Regional Court dismissed the appeal against this decision. "Sectologist" Danilov was punished for publication in the social network "VKontakte" video "The whole truth about modern paganism", which demonstrated Nazi symbols and its connection with the solar symbols of neo-pagans was emphasized.

Tsivilsk (Chuvash Republic) has seven administrative protocols under Art. 20.3 of the Code of Administrative Offenses were drawn up in relation to a local activist "Open Russia" by Anton Kravchenko. law enforcement claims bodies caused the content of Kravchenko's page in the social network "VKontakte": Nazi symbols were found in the frames of the documentary film by Mikhail Romm "Ordinary fascism" and a humorous video "Hitler's Appeal to Stalin".

In Mednogorsk, Orenburg region, a administrative case against lawyer Yevgeny Pleskachev, on the page who in the social network "Classmates" found a photo of his familiar with a tattoo in the form of a swastika. We doubt that Pleskachev posted a photo of a friend with the intent to promote Nazism: he could just "like" this photo, add a friend with a tattoo as a friend or be tagged on photos - all these actions in Odnoklassniki are displayed on user page.

At the end of the month, we became aware of the attraction to administrative responsibility of Muslims in Kusa, Chelyabinsk region. five residents of the city were fined under Art. 20.29 of the Code of Administrative Offenses (storage of extremist materials for the purpose of their mass distribution) for keeping houses of religious books. Among the books they found were illegally banned "Fortress Muslim" and "Islam Today". It is also unclear on what based on the accusations of the inhabitants of Kusa that they set out to mass distribute these materials.

The Dzerzhinsky City Court of the Nizhny Novgorod Region fined the head of the local religious organization of Jehovah's Witnesses for 4,000 rubles Art. 20.29 of the Code of Administrative Offenses. The reason was that during the inspection in the building, which used for worship, in the toilet room for the disabled two pamphlets identified as extremist were found. believers stated that the found literature was planted on them.

In the middle of the month, the Moscow City Court recognized the warning as legal on the inadmissibility of carrying out extremist activities, issued Prosecutor General's Office to the Administrative Center of Jehovah's Witnesses in Russia. The organization intends to appeal the decision of the Moscow City Court and fears that a warning is only the first step towards a ban.

In January, it also became known that the Kirovo-Chepetsk City the prosecutor's office is preparing materials for a lawsuit on the liquidation of a local organization Jehovah's Witnesses. This is due to the fact that in December last year The Kirovo-Chepetsky District Court of the Kirov Region dismissed the organization's complaint against issuing a warning to it about the inadmissibility of carrying out extremist activities.

In January it became known that at the end of December 2016 Vyborgsky District Court granted the claim of the Association of Evangelical Christians "Gideon" and declared illegal the actions of the Vyborg customs, detained on the border with Finland in the summer of 2016 a large batch of New Testament and Psalms, suspecting that the books contain signs of extremism. Detained circulation has fallen into disrepair.

In January, the prosecutor's office reported that in Nizhny Novgorod, two cafes that did not have content filters installed were fined under Part 2 Art. 6.17 of the Code of Administrative Offenses for 20 thousand rubles each. We oppose recruiting responsibility for the lack of content filtering of the cafe administration, Internet cafes, hotels and other similar establishments, as they are designed not only on children (supervised by parents), but also on adults users whose rights should not be restricted.