Unlawful anti-extremism in March 2017

We publish an overview of the main and most significant events in the field of illegal application of anti-extremist legislation in Russia in March 2017.

Rulemaking

March 22, 2017 The Ministry of Telecom and Mass Communications initiated a public discussion of the bill, which would provide for "clarification definition of offenses related to the public display of Nazi paraphernalia", citing works leaders of the Third Reich and Fascist Italy . Owl Center repeatedly pointed out that the prohibition prescribed in the Russian legislation to any display of Nazi symbols, regardless of context, is absurd. However, it will not be easy for the department to prescribe all the necessary exceptions, where it is easier to make propaganda of the corresponding ideology a prerequisite for so that the display of symbols could be considered illegal. We also note that we consider it unacceptable to prohibit the citation of any there were texts: it is not the quotation that should be assessed, but the general orientation of the statement, including a quote.

March 3, 2017 in Vienna United Nations (UN) Special Rapporteur on the Law freedom of opinion and expression, Representative of the Organization for Security and Cooperation in Europe (OSCE) on Freedom of the Media mass media and special representatives of other international organizations adopted "Joint Declaration on freedom of expression, as well as "fake" news, disinformation and propaganda". declaration repeated the well-known theses that freedom of expression also applies to " information and ideas capable of shocking, offending and disturbing ", and that restrictions on this freedom must be not only legal but necessary and proportional. IN that declaration states in cases where Internet intermediaries intend to take measures to limit content generated by third parties (for example, removal or moderation comments) that go beyond the legal requirements, they should develop a clear, predetermined policy governing such measures. This politics should be determined by objectively legitimate criteria, not by ideological ones or political aims and should, wherever possible, be approved on the basis of consultations with users ";users also should be provided with information about such measures and be able to challenge the sanctions imposed on them. The document also noted that content republishers and resellers should not be held responsible for content. third parties , unless they make changes to it, except that the intermediaries " refuse comply with what is given by an independent, impartial, authoritative oversight body (for example, by a court) in compliance with all necessary procedural guarantees an indication of its removal, despite the fact that it is technically possible to perform this is an indication ."

Criminal prosecution

In the middle teacher was sentenced to two years' imprisonment on probation English from Vladivostok, who, while playing volleyball at the on the embankment of the sports ground, " used the phrases and phraseological turns "degrading the dignity of Russians. We We believe that the verdict was unfair. Because it the statements, obviously, were heard not by the numerous people walking along the embankment, but only the participants in the squabble who were on the sports ground, they were not worth be considered public. In addition, humiliation of dignity, from our point of view, should be removed from Art. 282 of the Criminal Code, since it does not represent a serious public danger.

On the same days in Moscow, rapper David Nuriev ("Ptah") was sentenced under Part 1 of Art. 282 of the Criminal Code to a fine of 200 thousand rubles. He found guilty of inciting hatred or enmity in in relation to " a group of persons united on the basis of" the provision of assistance law enforcement agencies in search and detention of criminals, and who are representatives of the public organization "Antidealer" . The reason for the persecution was Ptakha's speech about the "Anti-dealer" movement, which he uttered in September 2015 at the 16 Tons Club. Sentence Nuriev for this speech, we consider unlawful: it could be found insults to the Antidealer activists and a call to unlawful actions - damage to their property, but not calls for violence. In addition, we We believe that persons who provide assistance to law enforcement agencies are not vulnerable social group requiring protection in the form of anti-extremist legislation. We are generally convinced that the vague concept "social group" which is the source of abuse, should be excluded from anti-extremist articles.

26 March in Moscow, 17 employees of the Alexei Anti-Corruption Foundation were detained Navalny. The detention took place in the office of the FBK, from where the head of the election Navalny's headquarters, Leonid Volkov, broadcast live the action against the fight against corruption. Law enforcement authorities have announced that they have opened a criminal case on Art. 282 of the Criminal Code (inciting hatred or enmity, as well as humiliation human dignity), but who will become a defendant in this criminal case and Whether an investigation will be launched is not yet clear.

IN At the end of March, the Supreme Court of the Russian Federation approved the decision of the Volga District Military court, which in December 2016 wrongfully sentenced a Tyumen blogger, publicist Alexei Kungurov to two years and six months in prison in a colony-settlement for justification for terrorism.

IN At the end of March in Ufa, five followers of the Turkish theologian Said Nursi. Former correspondent of the newspaper "Kiske Ufa" Azamat Abutalipov and former head of the government procurement department Bashkortostan Aivar Khabibullin was accused of organizing the activities of a recognized extremist organization "Nurcular" (part 1 of article 282.2 of the Criminal Code), both of them received 4 years of suspended imprisonment with a ban on any educational activities for a period of 3 years. Owner and director of the language schools of Shamil Khusnitdinov and teachers Timur Munasypov and Airat Ibragimov accused of participating in the activities of the organization (part 2 of article 282.2 of the Criminal Code). Court sentenced two of them (who exactly is not reported) to 2 years in prison conditionally, and the third - to 1 year and 10 months of imprisonment conditionally. All three educational activities were banned for 2 years. We consider it illegal both the ban on the books of the Turkish theologian Said Nursi and the ban on association "Nurcular", which did not exist in Russia at all: there is only individual believers who study Nursi's legacy and face groundless persecution.

IN In March, the North Caucasus District Military Court issued two verdicts in the cell banned islamic religious party "Hizb ut-Tahrir" in Dagestan. Murad Valiyev was sentenced to 5 years imprisonment in a strict regime colony with restriction of liberty for a term of 1 year 3 months under Part 1 of Art. 205.5 of the Criminal Code (organization of the activities of a terrorist organizations), as well as Part 1 of Art. 30 and Art. 278 of the Criminal Code (preparation for the capture authorities). Valiev was found guilty of involvement in the activities of religious and political Hizb ut-Tahrir party, which is banned in the Russian Federation as a terrorist party. Gadzhi Ramazanov was found guilty under Part 2 of Art. 205.5 of the Criminal Code (participation in activities of a terrorist organization) and sentenced to two years in prison freedom in a penal colony.

At first month, the Supreme Court of the Russian Federation considered an appeal against the sentence of two Muslims from Bashkiria - Rishat Gataullin and Rinat Mamaev, convicted under Part 1 of Art. 2 tbsp. 205.5 of the Criminal Code for involvement in Hizb ut-Tahrir. Volga The district military court in December sentenced Mamaev and Gataullin to 4.5 years conditional imprisonment. The prosecution considered their sentence too lenient. and went to the appellate court. The Supreme Court toughened the verdict: both will hold 4 years in a general regime colony.

Recall we believe that accusing Hizb ut-Tahrir members of propaganda terrorism and preparations for the seizure of power only on the basis of party activities (holding meetings, reading literature, etc.), as was the case in all mentioned cases, and prosecuting them under anti-terrorist articles illegally.

In mid-March, employees The Ministry of Internal Affairs, the FSB and the Directorate of the Russian Guard conducted searches in 30 houses of Muslims in various settlements of Tatarstan. From the message of the Ministry of Internal Affairs it became known about the excitation of 13 criminal cases under Part 1 and Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation and the detention of 15 Muslims; then the court sanctioned the arrest of 10 of the detainees, another was sent to home arrest for the same period.

Administrative the pursuit

In March, we became aware of three cases imposition of a fine under Art. 20.29 of the Code of Administrative Offenses (mass distribution of extremist materials or their possession for the purpose of distribution) in connection with the prohibited slogan "Orthodoxy or death". Opposition activists in Chuvashia Dmitry Semenov and Dmitry Pankov were fined for reposting information messages that told that they had previously been harassed for images with this slogan. A resident of Ukhta was prosecuted for what he posted in the public domain on his page on the social network "VKontakte" the same slogan with " an image of Orthodox symbols with skulls ". The slogan "Orthodoxy or death" was banned in 2010 and historically belongs to one of the Athos monasteries and is interpreted as an opposition Orthodoxy and spiritual death. But no matter how you understand it, it is absurd to punish for any mention of any prohibited material, much less a slogan.

Behind dissemination of illegally prohibited Muslim material as far back as February was fined under Art. 20.29 of the Code of Administrative Offenses, a resident of Kemerovo, who placed in "VKontakte" video of a lecture banned in 2014 in Dagestan Khalid Yassin "Duties of a Muslim Woman", whose ban, on our view, is unlawful, and, accordingly, the prosecution for distributing the video recording of the lecture.

Note also that in March at least two cases were initiated under Art. 16.3 Administrative Code (non-compliance with prohibitions and restrictions on the import of goods into the customs territory of the Eurasian Economic Union or the Russian Federation) - in Saratov and Mineralnye Vody - for importation into Russia of Muslim literature, banned without proper reason. In one of these cases, the case was brought and under Art. 16.2 of the Code of Administrative Offenses (non-declaration or false declaration of goods). It was about an attempt to import books "On the way to the Koran" by Elmira Kuliyeva, "Fundamentals faith in the light of the Qur'an and Sunnah", as well as "Life Prophet, may Allah bless him and grant him peace" Safi ar-Rahman al-Mubarakfuri.

Behind distribution of religious literature to law enforcement agencies in recent have been actively persecuting Jehovah's Witnesses for months. In March, we learned about several such cases. In Gelendzhik, a local organization of Jehovah's Witnesses was was fined 100 thousand rubles for the fact that, according to the prosecutor's office, in the occupied on its premises were kept books and brochures recognized as extremist, including in electronic form, as well as maps of Gelendzhik regions with literature delivery notes, literature distribution report forms and about the field ministry. In Tula, the community was fined 120,000 rubles, and its head - for 3 thousand rubles, after they were discovered in the Kingdom Hall two forbidden pamphlets, which, according to believers, were planted on them. The same story happened in Petropavlovsk-Kamchatsky: after liturgical premises were found three CDs with a recognized extremist book (according to community members - planted), local the religious organization was fined 200,000 rubles. Smolensk community will have to pay a fine of 100 thousand rubles due to the fact that in the Kingdom Hall and the house where members of the community lived, found prohibited materials in in printed and electronic form, including on personal computers of believers. But in The Voronezh regional court overturned the decision of the district court to suspend activities of the local religious organization of Jehovah's Witnesses for 45 days possession of prohibited brochures for the purpose of mass distribution. believers claimed that this literature had been planted on them. The regional court considered the testimony witnesses for the prosecution are contradictory, and the event of the offense is unproven.

Recall we believe that the bans on the literature of Jehovah's Witnesses as extremist and persecution of believers for its dissemination is unlawful. But besides this it should be noted that the storage of two or three copies of some materials is not should be regarded as aimed at their "mass distribution", as stated in the Code of Administrative Offenses.

in Sochi and Ulyanovsk Art. 20.3 of the Code of Administrative Offenses (public display of Nazi symbols) were antiquities dealers fined. A resident of Sochi posted on the Internet announcement of the sale of banknotes - karbovanets of the Reichskommissariat Ukraine, issued by the occupying German authorities in March 1942 with the coat of arms Third Reich containing a swastika. A resident of Ulyanovsk was punished for posted on the Avito website an advertisement for the sale of medals and orders with Nazi symbolism. We believe that Art. 20.3 of the Code of Administrative Offenses should not be applied to antique dealers, because their actions are not aimed at promoting Nazi symbols.

In addition, for the same article was fined by a resident of Ulyanovsk, who kept on the page in social networks "VKontakte" photos of the actors of a certain foreign film, on who had a swastika. We don't know what movie they were talking about, but given the content of the resident's profile in social networks, we doubt that the publication of these materials was done in order to propaganda of Nazi ideology.

IN In Krasnodar, the court arrested for 10 days under s. 20.3 of the Code of Administrative Offenses of a nationalist, a member of PARNAS, Alexei Mandrigel. According to Mandrigeli, he was charged with publishing the collage with Vladimir Putin in front of a swastika. If this information is correct, we believe his persecution is unlawful. Distribution of such images may not be interpreted as carried out for the purposes of neo-Nazi propaganda, such publications are only a means of political debate.

Ban organizations and materials for extremism

March 15, 2017 Ministry of Justice of the Russian Federation applied to the Supreme Court of the Russian Federation with a claim for the liquidation of the Management Center Jehovah's Witnesses in Russia and the ban on the activities of a religious organization, and at the same time and 395 of its divisions, that is, local communities, for extremism, and about appeal their property to the state. At the same time, the Ministry issued an order on the suspension of the activities of the Administrative Center and its the structure of local religious organizations before the lawsuit is considered. A lawsuit followed for the audit of the organization, which ended on February 27, 2017. In the report of the Ministry of Justice according to the results of the audit, it is said that, despite the warning about the inadmissibility of extremist activity, issued by the organization Prosecutor General's Office March 2, 2016, structural divisions of the organization are still involved in extremist activities that violate the rights and freedoms human and causing harm to citizens, public order and security. WITH from our point of view, the liquidation of organizations of Jehovah's Witnesses for extremism (in five local communities in different cities were banned in 2016) has no legal grounds and is a clear manifestation of religious discrimination. When prohibition of the parent organization of Jehovah's Witnesses in Russia, each of more than a hundred thousands of believers will be under the threat of criminal prosecution for their faith.

At the end of March the Witnesses The Jehovahs appealed to the Supreme Court with a counterclaim against the Ministry of Justice. managerial Center of Jehovah's Witnesses demanded that the Supreme Court recognize the actions of the Ministry of Justice against Jehovah's Witnesses with political repression and dismiss the claim for liquidation of a religious organization. As the Governance Center pointed out, "repressions are politically motivated actions of authorities to restrict the rights and freedoms of citizens, recognized as dangerous for the state, including on religious grounds grounds" , and the actions of the Ministry of Justice in this case just limit the rights of citizens "on the basis of confession of the dogma of Jehovah's Witnesses" , violating a number of articles Convention for the Protection of Human Rights and Fundamental Freedoms. management center also appealed against the order of the Ministry of Justice to suspend the activities of all 396 organizations of Jehovah's Witnesses registered in Russia. In addition, 395 local communities, which the Ministry of Justice indicated in its lawsuit as structural units Management Center, appealed to the Supreme Court demanding recognition of their co-defendants in the case, so that each of them could exercise their right to fair trial.

IN in the middle of the month it became known that the prosecutor's office of Tatarstan appealed to city ​​court of Naberezhnye Chelny with a statement on the ban on activities Naberezhnye Chelny branch of the "Tatar Public Center" (NChO TOC) as an extremist organization. The prosecution's statement of claim states, that the activists of the NChO TOC "contribute to the radicalization of the population republics" and "actively call for independence Republic of Tatarstan from the Russian Federation " . As justification were the cases of criminal prosecution of the former leader of the NMO TOC Rafis are given Kashapov and activists of the organization, as well as attracting activists to administrative responsibility for carrying out non-coordinated with the authorities rallies. We are not aware of all cases of persecution of activists Naberezhnye Chelny Tatar nationalist organization, but we wanted to would like to note that we consider the verdict handed down to its chairman Rafis Kashapov for calls for separatism, illegal. Inappropriate, from our point of view, and a number of provisions of the Russian law on rallies that unduly restrict the right to freedom of assembly.

IN early March, the Oktyabrsky District Court of St. Petersburg satisfied the claim city ​​prosecutor's office, which was filed in connection with the appeal of a State Duma deputy Vadim Dengin, and recognized as extremist three images posted on a number of Internet pages, as well as pages of five atheist communities in the social network "VKontakte": "Bad Boy Jesus ™", "Bad Guy Jesus v2.0", "CREATOR", "Jesus Christ" and "Son God's". These pages contain a variety of satirical materials atheistic orientation, the vast majority of which do not represent no public danger. They are mainly aimed at criticism. religions and the Russian Orthodox Church, but do not incite hatred against believers, although they can be unpleasant to them. From our point of view, law enforcement agencies in this case, they could only seek blocking from the VKontakte administration individual images or posts in these communities, and their complete ban illegal.

At the end of March, the Majlis of the Crimean Tatar people appealed to the European Court of Human Rights with complaint against the decision to ban it as an extremist organization.