“You have to live long in Russia”: commentary by lawyer Galina Krylova on religious discrimination

In mid-September 2019, it was published an article by lawyer Galina Krylova on religious discrimination in Russia. We publish the main theses of this article.

« Author, practicing lawyer, perfectly understands the complexities of existence in Russia anyone who does not sing along to the powerful choir , writes Galina Krylova, explaining the need to speak out on religious extremism and discrimination believers in our country. - But, firstly, there is a long tradition of living not only hereby, secondly, the "experience in the fight against suffocation" is constantly expanding, which the case law of the ECtHR also contributes. Don't want to mow the lawn 300 years, especially when the quality of the seed material does not inspire optimism, doesn't work quickly. "One must live long in Russia ." " In Russia, the concept of extremism , - the author believes - is actively used not only and not so much in relation to radical movements or religious fundamentalists who allow and using violence in their ideology and practice, but above all for suppression of political opposition, violence is not accepting, as well as for attribution to extremist religious organizations that are far from violence and, as usually from politics. Significant efforts are made in Russia by the authorities state authorities and state-controlled media to transfer to them negative characteristics of extremist groups, which contributes to the creation another socio-political myth that justifies the religious discrimination. The recognition by the court of the literature of such groups as extremist not only takes them out of the legal space, but is also a way economic suppression of their activities ".

And he continues: “ The use of anti-extremist legislation to religious organizations is closely related to the concept "non-traditional" of certain religions or currents in big religions. How as a rule, in their literature the law enforcer discovers such types of extremism as inciting social, racial, national or religious hatred, propaganda of exclusivity, superiority or inferiority of a person according to on the basis of his social, racial, national, religious or linguistic affiliation or attitude to religion; violations of the rights, freedoms and legal interests of a person and a citizen, depending on his social, racial, national, religious or linguistic affiliation or attitude to religion .”

The lawyer points out that the process of discrimination against religious minorities is associated not only with the activities of law enforcement authorities or the judiciary, but also with the publications of a number of scientists, and even with preaching of some representatives of the Russian Orthodox Church.

« The theoretical basis for binding according to the current legislation of the provisions on the truth of one's religion and criticism of other religious systems to extremism as propaganda of their own superiority or inferiority of others provide research pseudo-academic , she writes. - Created a vicious circle: FSB claims that foreign missionaries and organizations pose a threat national security and that their activities are of an extremist nature. These statements are being actively developed in departmental institutions such as Russian Presidential Academy of National Economy and Public Administration Russian Federation (hereinafter RANEPA) or the Academy of Management of the Ministry of Internal Affairs of Russia. Having received a scientific degree, their authors enter, and sometimes head expert councils at departments of justice. FSB or judicial investigating authorities apply to him for a conclusion about the extremist nature of literature. Courts do not subject doubt neither the servile conclusions themselves nor their methodological basis. IN As a result, literature is included in the Federal List of Extremist Literature, which often entails the recognition of the organization as extremist and the condemnation its individual members under criminal procedure. Judgments and the Federal List become the factual basis of new dissertations and books, including heads of the Prosecutor General's Office and the Investigative Committee ".

As an example victims of this "vicious circle" are Jehovah's Witnesses, Scientologists, as well as Muslim groups (primarily the readers of Said Nursi).

« Statistical data and independent studies of the facts of crimes or extremism in activities of Jehovah's Witnesses or Scientologists are not confirmed. Neither before nor after enactment of anti-extremist legislation acts of violence on this soil on the part of their believers is not fixed, on the contrary, the main victims religious xenophobia became the Jehovah's Witnesses themselves. However, the law allows the absence of any facts of violence, calls for violence or its justification, qualify statements about the truth of faith, contained practically in any text of a religious orientation as "hostility towards social or religious group ."

« K Unfortunately, in Russia, where the methods of legal regulation and judicial protection stem from the concept adopted by the state, the machine is sanctioned discrimination is moving further and further into the religious space ,” such is main conclusion of the article.

Sources

• Galina Krylova. The Concept of Religious Extremism as an Element of Restoration Policy // Slavic Legal Center. 2019. September 18.