Unlawful anti-extremism in November 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 November 2017.

Rulemaking

On November 14, the Plenum of the Supreme Court of the Russian Federation adopted an ordinance clarifying certain aspects of the law on the protection of interests children in resolving disputes related to them. Among other things, the Supreme Court supplemented the list of acts falling, in his opinion, under the definition "abuse of parental rights", which, according to the Family Code, is the basis for deprivation of parental rights. By such an act of the sun, in particular, recommends considering the involvement of children" in activities public or religious association or other organization, in relation to which there is a valid court decision on liquidation or prohibition of activities (Article 9 of the Federal Law of July 25, 2002 No. 114-FZ "On countering extremist activity", article 24 of the Federal Law of March 6, 2006 No. 35-FZ "On countering terrorism") ". Note that the concept "involving children in the activities of the organization" in the legislation does not defined, which creates opportunities for its broad interpretation law enforcement agencies and courts. In addition, the SC did not even indicate that deprivation of parental rights must be preceded by a court verdict for involving child into the activities of a banned organization. So Thus, believers and political activists find themselves in a situation where against not only can they be wrongfully brought criminal charges of involvement to banned organizations, but their children can be seized without good reason from the family. As a reminder, we believe that a number of religious associations and organizations of a political persuasion is illegally banned in Russia. Even if the courts do not widely apply the ruling VS in practice, the very existence of such recommendations creates an additional "preventive" instrument of pressure on citizens, encouraging renounce faith and other beliefs objectionable to the authorities or leave the protest activity.

November 25 President Putin signed the law on Media-"foreign agents", which also creates the broadest opportunities for blocking on the Internet. Law was immediately published and entered into force. Amendments to the law "On Information, Information technologies and information protection" allow block without trial sites containing not only calls for extremist activities, riots, participation in uncoordinated actions, but also materials "undesirable organizations", as well as "information allowing to obtain access" to all of the above. What does the wording "information allowing access" is not entirely clear. But, at a minimum, we are talking about hyperlinks to sites and any publications of "undesirable organizations" or calls, albeit very old ones, for participation in uncoordinated actions, and such There are links on many different websites. Likely to block site may also lead to the placement on it of instructions for obtaining anonymous access to relevant resources through VPN or anonymizers. Can't be ruled out and the possibility of an even broader interpretation - perhaps any a description of how to find similar materials.

On November 16, the State Duma adopted in the first reading bill introduced by Adalbi Shkhagoshev and supported by a large number deputies, on toughening responsibility for promoting terrorism. Bill proposes to change the wording of Part 4 of Art. 205.1 (supporting terrorist activities) by expanding the list of acts that can be interpreted as "assisting terrorist activities". The initiative comes down to introduction of punishment up to life imprisonment for a part of the crimes falling under under h. 1 Article. 205.1 CC. The bill looks ill-conceived legal point of view, and the proposed innovations are hardly able to provide significant impact on legal practice. Probably the authors of the bill and the deputies who supported him were guided primarily by the desire demonstrate diligence in the fight against the terrorist threat.

Practice of the ECtHR

The website of the European Court of Human Rights continues to publish information on complaints against decisions of Russian courts, which were communicated in autumn 2017 of the year.

Yes, at the beginning of September The ECtHR communicated the complaint of Danish citizen Dennis Ole Christensen, accused under Part. 1 Article. 282.2 of the Criminal Code in the organization of extremist activities organizations – communities of Jehovah's Witnesses in Orel and placed under arrest in May 2017. In a complaint filed with the ECtHR, Christensen indicated that he considered the arrest and probable conviction wrongful, unjustified and disproportionate interference with his right to profess a religion in community with others, and that became an object of discrimination on the basis of religion. The ECtHR asked Russia clarify whether there has been a violation of Art. 9 of the European Convention on the Rights a person who defends freedom of conscience, and Art. 14 of the European Convention, which prohibits discrimination. In addition, the Russian side will have to answer to the question of whether sufficient grounds had been given for Christensen's arrest.

In mid-September The ECtHR communicated the complaint of Vasily Bokin, the author of the article "Stop genocide", published in the newspaper "Our Voice", which in 2012 year was recognized as extremist. Bokin's article was published in 2009 and was an open letter from Bokin to the inhabitants of the village of Oskino, who did not teach children to the Erzya language. In August 2012, the Inzensky District Court of the Ulyanovsk region decided to ban it (in October of the same year it was approved by the regional court), because he considered that the article could contribute inciting hatred or enmity towards the Russians and that part of the Mordovian people, which does not support the study of the native language and contained indirect calls for violence. In connection with this complaint, the ECtHR posed a number of questions to Russia, including including whether the principles of equality of arms and competitiveness were respected when Bokin tried to challenge the results of the forensic examination, whether the article could really regarded as directly or indirectly inciting violence or justifying hatred and intolerance, whether the publication could lead to serious consequences, whether its prohibition was necessary in a democratic society, and not whether this ban violated, as well as the decision to charge Bokin with legal costs for relevant case, art. 10 of the European Convention on Human Rights on freedom of expression. We believe that the material "Stop genocide" was unlawfully recognized as extremist: the author of the article did not call in it to violence and even argued that it was harmful, but the style of the text was capable of arousing sympathy for a violent scenario, therefore, from our point of view, an adequate measure would be to issue a warning to the newspaper "Our voice".

On the same day was the complaint of the Adyghe republican public movement was communicated "Circassian Congress", currently self-liquidating, and Zaur Dzeukozheva, one of the leaders of the movement. "Circassian Congress" how the organization challenged the warning given to it by the department Ministry of Justice for the Republic of Adygea in September 2011. In 2012 the legality of the warning was confirmed by the Maykop City Court and Supreme Court of the Republic. The reason for issuing the warning was publication by the chairman of the council of the movement on the website of the organization of gratitude letter in which he thanked the Parliament of Georgia for recognizing " the fact The genocide of the Circassians (Adygs), carried out by the Russian state during Russian-Circassian war of 1763-1864 The Ministry of Justice considered that " such statements contrast Russian and Circassian peoples, therefore, incite national strife " and reproached organization in the falsification of historical facts on the grounds that What " in historiography, the term "Russian-Caucasian war", the term "Russian-Circassian war" is not used . "With our point of view, the actions of the Ministry of Justice were unlawful, since the choice of one or another terminology for historical events is not in itself extremist activity. Zaur Dzeukozhev disputed the warning about inadmissibility of extremist activity, issued to him by the republican administration of the Ministry of Justice in November 2010 (and approved in 2011 by the Supreme republic) as the deputy chairman of the organization for the interview he gave one of the local newspapers, and a post on the Internet. The content of these texts unknown. Dzeukozhev also challenged the decision to dismiss the claims about the slander filed by him against two republican newspapers, which in 2011 wrote about him as a person involved in extremist activities. ECtHR asked the Russian authorities whether the actions of the Ministry of Justice and national courts art. 10 of the European Convention, was it in this case interference with the applicants' exercise of their right to freedom of expression "necessary in a democratic society". In addition, the ECtHR the question of whether Dzeukozhev's right to effective judicial protection was respected in accordance with Art. 13 of the Convention and whether the denial of satisfaction violated defamation suits filed by Dzeukozhev his right to privacy, guaranteed Art. 8 of the Convention.

At the end of September, the ECtHR communicated the complaint of Vladimir Luzgin from Perm. Luzgin disputes his 2016 sentence, according to which he was fined 200 thousand rubles under Part 1 of Art. 354.1 of the Criminal Code (justification of Nazism). The court considered that the article "15 facts about Bandera, or what the Kremlin is silent about", which was published by Luzgin, contains deliberately false facts about the joint attack of the USSR and Germany against Poland on September 1, 1939 and the unleashing by these states of the Second world war, not reflected in the verdict of the Nuremberg Tribunal. According to court, Luzgin deliberately spread false information, because he supported ideas of Ukrainian nationalism. We believe that in an article published Luzgin, among other things, contains a free interpretation of the essence of the pact Molotov-Ribbentrop, however, we believe that interpretation, ignorance, incorrect presentation, even deliberate distortion of historical facts should not be grounds for criminal prosecution, unless they are accompanied by appeals that incite hatred and represent an immediate danger today (and such appeals are subject to prosecution under Article 282 of the Criminal Code). IN in connection with Luzgin's complaint, the ECtHR asked Russia questions about whether the verdict was Luzgin issued in violation of Art. 7 of the European Convention, which guarantees punishment solely on the basis of the law, and whether the convicted person could foresee that Art. 354.1 of the Criminal Code; whether there was an interference exercise by the applicant of his right to freedom of speech, guaranteed by Art. 10 Convention, based on law and necessary in a democratic society.

In mid-October, they communicated complaint of the organizers of the exhibition "Forbidden Art - 2006" Andrey Erofeev and Yuri Samodurov, who were found guilty of inciting religious hatred, against his sentence, and the complaint of Alexander Savko, whose painting participated in this exhibition, and then was recognized as extremist material - to ban his work. Erofeev and Samodurov in July 2010 were recognized by the Tagansky Court of Moscow guilty under paragraph "b" h. 2 Article. 282 (inciting hatred with use of official position) and sentenced to fines of 200 and 150 thousand rubles, respectively; On October 4, 2010, the Moscow City Court approved this sentence. Organizers of the exhibition "Forbidden Art - 2006" in The Sakharov Center was accused of inciting religious hatred because The exhibition featured works by contemporary artists on religious topics whose authors are too loose, according to orthodox activists, treated with religious symbols. The court decision stated that the exhibition offended the feelings of believers (we recall that at that time this concept had not yet been introduced into legislation). Painting by Alexander Savko "Sermon on the Mount" from cycle "Mickey Mouse's Journey Through Art History" (and its image posted on the Internet), engraving by Julius Schnorr von Karolsfeld with the scene of the Sermon on the Mount, where the figure of Christ is replaced by Mickey Mouse, was recognized as extremist material by decision of the Zhukovsky District Court of the Kaluga Region, in 2012 the Kaluga The regional court upheld her ban. The ECtHR put before the Russian authorities the question of whether the decisions of the courts concerning the case of Erofeev and Samodurov and the ban on Savko's paintings, art. 10 of the European Convention on the Protection of Rights human and fundamental freedoms, guaranteeing the right to freedom of expression.

The pursuit for inciting national hatred and opposition statements

In mid-November, the Petrogradsky district the court of St. Petersburg passed a sentence under Part 1 of Art. 282 of the Criminal Code (incitement of hatred and humiliation on the basis of nationality) to the administrator of the group "Overheard Tver Region" on VKontakte to Anatoly Pleshanov. Court sentenced him to a year of probation. The reason for the accusation of the administrator became his statements, published in the summer of 2014 in the group "Konakovo and Konakovsky district" in "VKontakte". The author is extremely negative spoke about the Ukrainians who decided to move to Russia, and also spoke against the annexation of Crimea. The author also spoke negatively about people from Central Asia, but was not found guilty of inciting hatred against them. Pleshanov did not call for violence or other illegal actions against Ukrainians, his statements can be be regarded only as degrading on the basis of nationality, therefore, with from our point of view, in this case there was no need for criminal persecution. The SOVA Center believes that humiliation of dignity should be decriminalized as an act that does not pose a great danger to companies, the corresponding wording can be transferred from the Criminal Code to the Code of Administrative Offenses or GK.

In those days it became aware of the initiation of a criminal case under Part 1 of Art. 282 of the Criminal Code in relation to Chairman of the Union of Workers of Sevastopol, Secretary of the Sevastopol City organization of the party "Russian United Labor Front" (ROT FRONT) Valery Bolshakova. According to the activist, on November 14, employees of the Investigative Committee and the FSB conducted a search in his apartment, during which he was beaten. Then he was delivered for interrogation to the investigative department for the Nakhimovsky district of Sevastopol; attorney for appointment persuaded the activist to admit guilt in exchange for a suspended sentence. Eventually Bolshakov was released on his own recognizance and handed him a resolution, in which says that he " in the period from 05/01/2015 was imbued with ideas intolerance towards the social group "Terek Cossacks" and allowed humiliation of the dignity of this social group ." We do not know what it is the statements that blame Bolshakov. However, given the nature of his political activity, we tend to assume that he calls for violence did not admit that he was being unlawfully persecuted. Moreover, as we pointed out above, we believe that humiliation should be decriminalized.

At the end of November Krasnogvardeisky The district court of St. Petersburg delivered a verdict in the case of Vladimir Timoshenko, which was found guilty of inciting hatred against the social group " employees institutions and institutions of state power "(part 1 of article 282 of the Criminal Code) and sentenced to two years in prison in a strict regime colony. Protection intends to appeal the verdict. Timoshenko was convicted in 2010 in the Novgorod region for attempting to prepare a terrorist attack (he intended to undermine the wall of the Novgorod Kremlin in order to draw attention to problems of "Russia and the Russian people"), as well as in 2011 in Kislovodsk for the illegal manufacture and trafficking of weapons. January 2015 year, while in a colony in the Novgorod region, Timoshenko dictated by phone to his bride the text that she published on his behalf in the community "Slavic Power-Nord West Peterburg" on VKontakte. The text was dedicated to " fight " against " the anti-people regime of Putin and his power support - punitive and repressive apparatus " and contained a call " deal a crushing blow " to this apparatus. We believe that Tymoshenko's verdict was unlawful. From our point of view, employees institutions and institutions of state power do not constitute a vulnerable social group that needs protection in the form of anti-extremist legislation, and in addition, the published text, unlike other records seized from Tymoshenko, contained only a call for an abstract " crushing strike ", but not to specific actions.

At the beginning of the month Supreme the court of the Russian Federation satisfied the cassation presentation of the Prosecutor General's Office and returned the case of the leader of the "Russian Astrakhan" movement Igor Stenin to new consideration to the appellate instance, that is, to the Astrakhan Regional the court that had previously overturned his conviction under Part 2 of Art. 280 of the Criminal Code (public calls for the implementation of extremist activities over the Internet). Recall, Stenin, the leader of the movement "Russian Astrakhan", in May 2016 was sentenced by the Soviet District Court Astrakhan to two years in a colony-settlement. The court found him guilty of publishing in the social network "VKontakte" under the pseudonym "Ingvar Stefan" entries on the topic of the war in Ukraine with a call for the destruction of the " Kremlin occupiers "; he was also charged with the comment of another user, which the investigation mistakenly took for a repost. By order Supreme Court sentence was reviewed and overturned for lack of composition crimes. However, now the court will return to consideration of someone else's comment, despite the fact that Stenin did not publish it.

In the middle of the month Gryazovetsky the district court of the Vologda region acquitted under Part 1 of Art. 282 of the Civil Code activist Yevgeny Domozhirov, who was accused of inciting hatred against social group "Vologda police officers". Recall that Domozhirov published material on his website, in which, in harsh terms, characterized the local policemen, who, having arrived at his house for a search, during the skirmish that took place injured his mother's arm. Domozhirov was also acquitted of libel charges in against a local businesswoman, but he was found guilty of insulting a police officer (Article 319 of the Criminal Code) and sentenced to 60 hours compulsory work.

In November we learned about five cases of prosecution under Art. 20.3 of the Code of Administrative Offenses for demonstrating Nazi symbols, not aimed at propaganda of Nazism, that is, such which, from our point of view, should not entail sanctions.

In mid-October to Art. 20.3 of the Code of Administrative Offenses, Aleksey Postanogov, a resident of Nadym, was fined; mid November this decision was approved by the court of the Yamalo-Nenets Autonomous Okrug. The reason was what in May 2014 Postanogov published on his page in VKontakte video dedicated to the aggressive actions of Ukrainian nationalists, in in particular, during and after the Euromaidan and containing photographs and videos of members ultra-right organizations banned in Russia with appropriate symbols, photos and videos of people raising their hands in the Nazi salute, as well as the flag Ukraine with a swastika applied to it. Postanogov, supporter of the party "Great Fatherland" Nikolai Starikov, published a video with an obvious the purpose of exposing Ukrainian nationalists in Nazism, which he condemns.

At the end of October, the opposition activist Raisa Pogodaeva from Goryachiy Klyuch, Krasnodar Territory, was arrested for 10 days for reposting a video by Kuban blogger Leonid Kudinov about the arrest under the same article. 20.3 of the Code of Administrative Offenses of the coordinator of protest walks movement "Artpodgotovka" in Krasnodar; The article stated that that patriotic citizens regularly post images from swastika without any consequences, and examples of such collages were given. Myself Kudinov had previously been fined for distributing this video of his. November adventure blogger continued: Kudinov was twice prosecuted for the same article: in the middle of the month he received a day of arrest, and in the second half of November - a fine of 2.5 thousand rubles for new videos in which he talked about his administrative case: in one of the videos, he suggested punishing everyone who publishes collages with Western politicians in the images of the Nazis, in another illustrated an anecdote about the persecution of a teacher who painted a swastika on board, in the third he spoke about the fact that the neo-Nazis who fought in the Donbass on side of the unrecognized republics, are not held accountable for display of Nazi symbols.

In the second half November, a resident of Volgograd, Sergei Demidov, was fined for posting on his page on the social network "VKontakte" images of the flag of the Third Reich, and also attributes of the uniform of the military structures of Nazi Germany. Demidov is interested history of the Great Patriotic War, especially the Battle of Stalingrad, and participates in excavations at the battlefields in the Volgograd region and on his page published photographs of the finds; about any sympathy for Nazism, the content of his page does not show.

The pursuit religious organizations and believers

In early November Leninsky the district court of Makhachkala passed a sentence under Part 1 of Art. 282.2 of the Criminal Code in the case of Ziyavdin Dapaev, Sukhrab and Artur Kaltuev, having found them guilty of organizing "home madrasahs" - cells of a religious organization banned in Russia Association "Nurcular" and the dissemination of the teachings of the Turkish theologian Said Nursi. Dapaev was sentenced to four years in prison correctional colony of general regime, the Kaltuev brothers - by three years. We We consider it unlawful to ban the "Nurcular" association, especially since in Russia, it did not exist at all: there are only individual believers who face unreasonable persecution for studying the books of Said Nursi, not containing no signs of radicalism.

In the middle of the month Uralbek Karaguzinov and Mirsultan Nasirov, accused under Part 2 of Art. 282.2 of the Criminal Code in participation in activities of "Nurcular", by decision of the Oktyabrsky district court Novosibirsk were released from criminal liability with the appointment court fine. Both were charged with participation in the activities of the "domestic madrasah organized by Komil Odilov. Article 76.2 of the Criminal Code provides, that a person who has committed a crime of little or medium gravity for the first time may be released by the court from criminal liability with the appointment of a judicial penalty if it has repaired damages or otherwise made amends harm caused by the crime. Karaguzinov and Nasirov petitioned for applying this rule to them. They agreed with the accusation, apologized to the state and took upon themselves the obligation to tell their acquaintances about the ban activities of the association "Nurcular" in Russia. The court assigned each of which a fine in the amount of 90 thousand rubles, obliging student Nasirov pay it within two months, and pensioner Karaguzinov - for six months.

At the end of the month Babushkinsky the district court of Moscow sentenced a native of Kyrgyzstan Kubanychbek Sadyrov to two years of imprisonment in a penal colony, having found him guilty of participation in activities of the Tablighi religious movement recognized as extremist Jamaat" (part 2 of article 282.2 of the Criminal Code). Sadyrov pleaded guilty, the case was considered in a special order.

In mid-November, by According to media reports citing the FSB, 69 suspects were detained in Moscow involvement in the activities of the banned religious movement Tablighi Jamaat." According to the FSB, " the cell was led by people from Central Asia ", " at the same time, Russians were included in the group ", " Forbidden literature and means of communication were confiscated from members of the organization, and also electronic storage media with reports of illegal activities ". The next day, the Kuntsevsky Court of Moscow arrested five of them for two months. The fate of the rest of the detainees is unknown.

In the second half of the month the border department of the FSB of Russia for the Kurgan and Tyumen regions reported that at the beginning of the year, its employees did not allow 39 members of Tablighi to enter the country Jamaat".

Recall we We regard the ban on the movement and the persecution of its supporters as unlawful actions, since Tablighi Jamaat, although engaged in propaganda fundamentalist version of Islam, was not seen in political activity and any incitement to violence.

At the end of November, Moscow the district military court found guilty under Part 2 of Art. 205.5 of the Criminal Code (participation in activities of an organization recognized as terrorist) in involvement in the activities Islamic radical party Hizb ut-Tahrir, a native of Kyrgyzstan Zhoodarbek Toktomuratov, he was sentenced to 10 years in prison in strict regime colonies. The defense plans to appeal the verdict.

In the second half of the month in St. Petersburg on charges of cooperation with Hizb ut-Tahrir, Alla Bespalova, wife of Isa Ragimov, who was convicted for belonging to a party in 2016. According to investigation, Bespalova headed the "regional women's cell of Hizb ut-Tahrir", accusation filed under Part 1 of Art. 205.5 of the Criminal Code (organization activities of a terrorist organization).

Recall, we believe that the accusation of members "Hizb ut-Tahrir" in the propaganda of terrorism only on the basis of the party activities (holding meetings, reading literature, etc.) and harassing them under anti-terrorist articles illegally.

In November we learned about that in mid-October the Zelenchuksky District Court of Karachay-Cherkessia fined local residents Lyadif Kipkeev and Ali Ebzeev 1,000 rubles each Art. 20.29 of the Code of Administrative Offenses (storage of extremist materials for the purpose of mass distribution). Kipkeev was prosecuted after law enforcement the authorities confiscated the forbidden "Book of Monotheism" by Salih from him al-Fawzan. Kipkeev explained that he did not know about the ban on the book, he did not read it himself. completely, but at the same time read excerpts from it to his friends. Ali Ebzeev kept house also recognized as extremist book "Pillars of Islam and Faith" and discussed its content in the mosque. We consider the ban on the "Book of Monotheism" groundless, and therefore the persecution for its storage and discussion, we regard it as unlawful; We can't say the same about the second book.

In mid-November at Sovetsky district court of Kazan began consideration of the claim of the prosecutor's office Tatarstan on the recognition of Mark Gabriel's book as extremist material "Circles on the water". The defendant in the case is a local religious organization of Evangelical Christians "Eurasian Missionary center", in the library of which this book was found. Prosecutor's Office asks to recognize the entire book as extremist, with the exception of suras, ayats and others quotes from the Quran. The basis for filing a claim was an examination, which showed that that the book, in particular, contains statements about the superiority of Christianity over Islam. We doubt the validity of the claim. Author of the book "Circles on water" - in his own words, a former professor of Islamic history at Egypt, converted to Christianity - claims that the Islamic creed originally contributed and continues to promote bloodshed and spreading hatred, but blames only Islamic fundamentalists, and not moderate Muslims, and himself to no violent does not call for action.

In November, the Federal List of Extremist materials was replenished with four editions of Jehovah's Witnesses: bulletins “How Jehovah Communicates with People” and “Elders, Are You Trying educate brothers?", the pamphlet "How do I feel about blood fractions and medical procedures using one's own blood?" and the release The Watchtower magazine, June 15, 2015. We consider the ban on the literature of Jehovah's Witnesses as extremist groundless, and persecution for its dissemination is regarded as religious discrimination.

In November it became It is known that the Pushkinsky District Court of St. Petersburg is considering a claim of the city prosecutor's office on the recognition of books and brochures as extremist materials American preacher William Branham (Branham). As of the person concerned, a charitable public organization has been involved in the process organization "Evening Light", which distributes these publications. Texts preachers in 2016 were sent by the St. Petersburg department of the Ministry of Justice to center for countering extremism of the city administration of the Ministry of Internal Affairs to check for extremism. In the conclusion of the experts of the St. Petersburg State University, commissioned by the CPE, it is said that the author uses techniques of neuro-linguistic programming (NLP), puts his teaching above teachings of other churches and creates the " image of the enemy " in the face of the " Catholic (to which the author refers to the Orthodox) and Protestant churches ", offending the feelings of " relevant groups of clergy and believers ", calling opponents sectarians, and instilling " ideas of human inferiority according to his religious affiliation ". Apparently, Branham's lyrics are not contain calls for violence, and statements about the truth of one creed and the fallacies of all others are inherent in any such teaching. Therefore we are inclined consider the demands of the prosecutor's office unlawful.

The pursuit for anti-religious remarks

In the middle of the month it became aware of the initiation of a criminal case against a resident of Orel under Part 1 of Art. 148 Criminal Code of the Russian Federation (violation of the right to freedom of conscience and religion). According to investigation, in December 2012 - February 2016 he published on his page in "VKontakte" several photos, " the content of which expresses clear disrespect for society and is aimed at insulting religious feelings of believers ". What exactly was depicted in the photographs, not reported. Note that we opposed the introduction of Art. 148 UK "insulting the feelings of believers", because we believe that this an indefinite concept does not and cannot have a clear legal meaning. If pictures published by Orlovets did not contain aggressive appeals, which should qualify under Art. 282 of the Criminal Code (inciting hatred), his pursued unlawfully.