A criminal case against Danil Alferev has been dropped in Ulyanovsk

The Ulyanovsk activist has been cleared of charges of inciting hatred against the authorities and calling for extremist activity.

On June 2, 2017, it became known that in Ulyanovsk The Investigative Committee stopped the proceedings on the criminal case of the activist of the "Left bloc" Danila Alferyev under part 1 of article 280 (public calls for extremist activity) and Part 1 of Art. 282 of the Criminal Code (excitation hatred or enmity on the basis of belonging to a social group). This is reported by the international human rights group "Agora" with reference to the lawyer Rushan Kamalova. The decision of the Investigative Committee states that the undertaking not to leave Alferyev is removed, he has the right to rehabilitation and compensation for harm in connection with the criminal prosecution.

Recall case under Part 1 of Art. 282 of the Criminal Code against Alferyev was initiated in the summer of 2016, his accused of inciting hatred towards the social group "representatives authorities that currently run Russia". In November 2016 Alferyev was charged under Part 1 of Art. 280 of the Criminal Code - in connection with the same incident. The reason was the speech Alferyeva at a communist rally on November 7, 2014. The activist claimed in his speech that the "fifth column" is sitting in the State Duma, because of which the Maidan flared up in Ukraine" and "which is necessary clean up ", and also talked about betrayal by the" " United Russia " , Medvedev and Putin " and that he is ready to accept participation in the conflict in the Donbass and " cleanse Russia from occupation " under corresponding to the order of Zyuganov. As the activist later explained, his speech was " political art performance " - a parody of the speech Andrey Kovalenko, leader of the Moscow branch of the Eurasian Youth Union, which has gained some popularity on the Internet.

As Rusana Kamalova said, the first case of Alferyev was conducted by the Investigative committee, which "after examination considered that in this speech there are signs of another crime. The SC allocated materials on possible public calls for extremism and sent them to the FSB for decision the question of initiating a second criminal case, since Article 280 of the Criminal code is the domain of the FSB. She aroused. And in November 2016, Deputy the prosecutor of the Ulyanovsk region withdrew this case from the FSB and transferred it to investigative department of the Investigative Committee of the Russian Federation for the Ulyanovsk region. Then cases were merged into one proceeding. As a result, the SC came to the conclusion that in actions of Alferyev there are no signs of both crimes and stopped criminal prosecution".

With our point of view, Alferyev's words did not fall under Art. 282 CC: we We believe that the authorities do not constitute a vulnerable social group in need of protection in the form of anti-extremist legislation. The question of legitimacy persecution of an activist under Art. 280 of the Criminal Code, we regarded as controversial, because the degree of public danger of his speech seemed to us insignificant.

Sources

• Inc. inf.