The State Duma ratified the Shanghai Cooperation Organization Convention on Countering Extremism

July 17, 2019 State Duma The Russian Federation approved the draft law on ratification of the Convention of the Shanghai Cooperation Organization on countering extremism. The bill was submitted to the State Duma President on June 1, 2019. The ratification of the convention by the Council is next Federation.

the convention was signed in Astana June 9, 2017 Russia, China, Kazakhstan, Kyrgyzstan, Uzbekistan and Tajikistan. The document is sent to expanding the legal framework for interaction between the member states of the Shanghai Cooperation Organization (SCO) in the field of combating extremism. Compared with Shanghai Convention for the Suppression of Terrorism, Separatism and extremism of 2001, the new convention provides for the revision national laws on extremism, designed to bring together the content and structure these norms in the countries that signed the document; while the proposed changes in largely focused on Russian legislation.

In the first lines of the convention States declare their strong condemnation of "the ideology and practice of extremism in all its forms and manifestations" and confirm "inadmissibility of public appeals and incitement to extremism". Thus, it is not only about the fight against the violent manifestations of those or other ideological trends, but also about countering propaganda, i.e. about limiting public speaking. At the same time, the parties acknowledge that the acts covered by the convention, "under no circumstances may acquitted, and the perpetrators of such acts must be brought to justice. responsibility."

The Convention introduces a new, general definition of extremism, different from the definition contained in the Shanghai conventions of 2001. Now this concept is defined as "ideology and practices aimed at resolving political, social, racial, national and religious conflicts" through both violent and "other unconstitutional actions."

Recall that in the Shanghai of the 2001 Convention, extremism was defined as "any act directed to the forcible seizure of power or the forcible retention of power, as well as the violent change of the constitutional order state, as well as a violent encroachment on the public security, including organization for the above purposes illegal armed groups or participation in them, and persecuted criminally in accordance with the national law of the parties." This is the old definition in the new convention topped the list of "extremist acts", acts with which participating States undertake to combat, inter alia, by criminalizing and administrative responsibility for their commission. And although the participants in the convention "reaffirm" that "all appropriate measures should be taken while respecting the rule of law, fundamental rights and human freedoms, as well as the principles and norms of international law", not quite it is clear how it is supposed to observe all these principles, if to Extremist acts in the Convention also include such acts, the presence of which in definition of extremist activity in Russian legislation is not consistent with international law in the field of human rights (see, for example, Opinion of the Venice Commission of the Council of Europe regarding the Russian Federal Law "On countering extremist activity).

To the list extremist acts in the new convention, in addition to the acts listed in the 2001 definition of extremism also includes:

• organization of an armed rebellion and participation in it in extremist purposes;
• creation, leadership and participation in an extremist organization;
• inciting political, social, racial, national and religious enmity or discord;
• propaganda of exclusivity, superiority or inferiority of a person according to on the basis of his political, social, racial, national and religious accessories;
• public calls for the implementation of these acts;
• mass production, storage and distribution of extremist materials to promote extremism. Let's take a look at some aspects of this list. How an extremist act is interpreted as "propaganda of exclusivity, superiority or inferiority of a person" on one or another basis, including views. Recall that such a wording in relation to religious belonging in Russian law gave grounds for prosecution peaceful religious groups simply because their literature says about their religion as the only true and superior to others. The convention says and political affiliation, which may give rise to persecution for peaceful political debate - both citizens and organizations.

How an extremist act is understood and "creation, leadership and participation in an extremist organization", i.e. "an organized group with the aim of committing crimes, covered by the Convention" or prohibited in connection with the implementation extremist activity "on the grounds provided for by the national legislation of the parties". Here we can again talk about the distribution negative experience of Russia, where the mere participation in a banned organization becomes grounds for retaliation, even if the participant does not commit any illegal acts. Including the fact that an organization is banned in its definition as extremist implies the general recognition of the prohibition of the organization in one of the states by all parties.

The Convention provides for the prosecution of such an extremist act as the distribution of extremist materials that clearly refers to the existing mechanism in Russia to ban materials and persecution for their distribution, which has proven itself negatively, both because of low efficiency and because this mechanism is not implies taking into account the purposes of distribution of certain materials. Under extremist materials are understood as information "containing the ideology extremism" (apparently, in accordance with the definition of extremism, there is mind ideology aimed at resolving political, social, racial, national and religious conflicts by force or through unconstitutional actions) or information "calling, substantiating or justifying the need to carry out an extremist act".

Note that the parties "taking into account fundamental principles of their legal systems" undertake to adopt "necessary legislative measures in order to establish civil, administrative or criminal liability" for committing not only extremist acts, but also a number of other acts, including: - financing of extremism; - recruitment or other means of attracting persons to participate in the training or committing extremist acts, training for the purpose of committing extremist acts, incitement, organization, planning, complicity in committing extremist acts; - departure and (or) planning, instigation, preparation of other persons for travel abroad for the purpose of committing acts covered by the convention; - production, distribution, demonstration of symbols, signs, flags, emblems and paraphernalia for the purpose of propaganda of extremism; - non-compliance by a person providing Internet access services with the requirements body authorized by the party to restrict access to extremist materials; - organization and (or) participation in mass riots based on political, social, racial, national and religious enmity or discord.

Note that the ban on extremist symbolism, unconditional in Russian legislation, is formulated in the convention less rigidly: subject to persecution is the "production, distribution, demonstration symbols, signs, flags, emblems and paraphernalia" only "for the purpose of propaganda of extremism".

But the convention clearly borrowed the requirement under Russian law to impose sanctions against providers for non-blocking extremist materials.

The document states that the parties "may in accordance with their national law recognize as a criminal act complicity, preparation and attempt to commit a crime". Note that if complicity and attempt to commit a crime under the Russian Criminal code entail responsibility, then preparation for a crime is punishable under criminal procedure only if it is a question of grave and especially grave crimes.

But the persecution for "departure and (or) planning, instigating, preparing others to travel abroad for the purpose of committing "extremist acts in Russian legislation on this moment is absent, therefore, with the entry into force of the convention obliging to prosecute for such actions, we can expect the introduction in Russia of such a dubious norms. It is easy to imagine bringing such charges against any person adhering to an ideology objectionable to the state and planning to travel abroad border.

The Convention stipulates that the parties "in in accordance with national legislation may take more than strict measures to counter extremism" than those provided for by the convention.

Note that the convention provides for closer cooperation between the participating States on issues extradition of the accused, transfer of convicts, arrest and confiscation of property individuals or legal entities involved in extremism. Among other things stipulates the possibility of sending employees of the competent authorities to one of the parties to carry out operational-search activities and investigative events in the territory of the other party with its permission. This practice is partly exists even now (for example, employees of the special services of Uzbekistan and Tajikistan often carry out relevant activities on the territory of Russia), however The convention is recognized to fully legitimize it for all SCO members. Should, however, it should be noted that according to the document, the cooperation of the parties in the field of legal assistance and extradition, is carried out when the offenses covered by the convention affect the jurisdiction of more than one of the parties.

An important point of the convention is the obligation parties to take "necessary measures to prevent the granting of status refugee and supporting documents" to persons involved in crimes, covered by the convention.

In general, strengthening cooperation states of an authoritarian type in the field of combating "extremism" - taking into account broad interpretation of this concept in these states - that is, in the area directly related to maintaining ideological control over the population and characterized by a large number of human rights violations, cannot but cause concern, since it creates the prospect of further aggravation and without the plight of dissidents in these countries. At the moment, according to our information, the convention has been ratified by China, Uzbekistan, Kyrgyzstan and at least the lower house of the Tajik parliament. According to the procedure specified in the document, it comes into effect after thirty days from the date of receipt by the SCO Secretariat of the instrument of ratification of the fourth party, and in each of the participating States acceding later - thirty days from the date of receipt of the instrument of ratification from that state.

Sources

• Draft Law No. 722440-7 "On Ratification of the Convention of the Shanghai Cooperation Organization on Combating Extremism" // CREATION GAS "Lawmaking". 2019. July 17.