Unlawful anti-extremism in September 2019

We publish an overview of the main and most significant events in the field of illegal application of anti-extremist legislation in Russia in September 2019.

Rulemaking In September, the State Duma adopted in the first reading a draft law on toughening responsibility for violations of the information legislation, proposed by deputies from "United Russia". According to the bill, art. 13.11 of the Code of Administrative Offenses (violation legislation of the Russian Federation in the field of personal data) should be supplemented by the norm on responsibility for refusing to store personal data of Russians on territory of Russia. In addition, it is proposed to impose heavy fines for repeated violations of the law on information, falling under articles 13.31, 13.35, 13.36, 13.37, 13.39, 13.40 of the Code of Administrative Offenses, which also include anti-extremist restrictions. On the eve of the consideration of the bill in the first reading, the Committee on proposed to state construction to additionally check the proposed amounts of fines for compliance with the degree of public danger of offenses, because even hh. 6 and 7 st. 13.15 Administrative Code (media production with public calls for terrorism; disclosure of state secrets in the media) provide for smaller fines than proposed by the authors of the new bill on other articles.

The pursuit for inciting hatred and opposition speeches

At the beginning of September it became known that accusation against a political science student from the Higher School of Economics video blogger Egor Zhukov retrained from Art. 212 of the Criminal Code (riots), according to which he was accused in connection with the events in Moscow on July 27, 2019, part 2 Art. 280 of the Criminal Code (public calls for the implementation of extremist activities in the Internet); he was transferred from the pre-trial detention center to house arrest. According to law enforcement authorities, four videos from Zhukov's channel contain "calls for extremist activities based on political hatred and enmity, including violent change constitutional order, rebellions and obstruction of lawful activities law enforcement officers." Zhukov on these videos really calls on the opposition to a more active and thoughtful struggle against the state system that has developed in Russia, but promotes exclusively non-violent methods of resistance Listed by Zhukov methods political struggle, from our point of view, do not fall under the definition extremist activity in the relevant law. Therefore, we evaluate persecution of a blogger under Art. 280 of the Criminal Code as unlawful.

In Pskov, a journalist Svetlana Prokopyeva was charged under Part 2 of Art. 205.2 CC (public justification of terrorism in the media); a written undertaking not to leave was taken from her. Reason for persecution served as a radio broadcast Prokopyeva, published in the fall of 2018 and dedicated to the causes of the explosion in the waiting room UFSB in Arkhangelsk. Analyzing this event, Prokopyeva talked about that the actions of the young man who carried out the explosion were due repressive state policies and that there is a high risk that young people growing in an atmosphere of cruelty of the state, will respond to the state in the same way. She soon became a suspect in a case to justify terrorism. In our opinion, the persecution of the journalist and the media unlawful because the broadcast did not contain allegations that the ideology or the practices of terrorism are correct and worthy of emulation, as well as their attractiveness or acceptability.

At the beginning of September it became known that In August, the Laishevsky District Court of Tatarstan fined 10 thousand rubles under Art. 20.3.1 of the Code of Administrative Offenses (inciting hatred or enmity, as well as humiliation of human dignity) I. Sirazetdinova. The reason was the publication in one of the public in the social network "VKontakte" of the video "In the country of a foreign fascist dictatorship", which is a recording of a meeting "Academy of Geopolitical Problems" chaired by the head organizations, Leonid Ivashov. Ivashov's speech, filmed on video, in general devoted to criticism of the political regime; only once does he resort to the inherent him with nationalist rhetoric and expresses his suspicions about the aspirations of the Jews and Hans for world domination, which, however, are far from only from the incitement of hatred, but also from the humiliation of dignity; this statement can only be attributed to mild hate speech, which, in our opinion, is not gives rise to persecution. We also emphasize that, in our opinion, responsibility should be brought primarily to authors, not distributors inflammatory remarks.

At the end of the month, the Magas District Court Ingushetia canceled the sentence for inciting hatred and enmity according to part 1 of Art. 282 of the Criminal Code to Ingush activist Sarazhdin Sultygov, co-chairman Mehk-Khel Movement, and terminated his proceedings due to lack of corpus delicti. This decision was taken as a result of partial decriminalization of the article. In June 2018, the Nalchik City Court Kabardino-Balkaria sentenced Sultygov to a fine of 150 thousand rubles for at a rally in Nalchik on March 8, 2016, dedicated to the anniversary of the deportation Balkars, he allowed "pejorative characteristics and insulting statements" against the Ossetians because of the conflict over the Prigorodny district. from our point of view, there were not sufficient grounds, since the statements made by him can be interpreted as hate speech, but not as dangerous incitement to hatred.

In the Ivanovo region, the court fined 1,500 rubles under Art. 20.29 Administrative Code (mass dissemination of extremist materials) C. Morkovkin, who posted a video on his VKontakte page the song "Xu Zhitul" by the group "Vietnam Recitatiff", a ban which we consider unlawful because it is satirical and not aimed at promoting Nazi ideology.

In the Altai Territory, an activist from Barnaul Oleg Grigoriev was fined a thousand rubles for reposting a banned video supporters of Alexei Navalny "Let's Remind the Crooks and Thieves of their Manifesto-2002 in VKontakte, made in 2011. Video content "Let's remember the Rogues and Thieves their Manifesto-2002", for the publication who is often harassed by opposition activists, boils down to listing a number of unfulfilled election promises of "United Russia" from party manifesto of 2002 and a call to vote for any party other than "United Russia". We consider the ban of this video unreasonable, and persecution for its distribution is unlawful.

In September, we learned about the groundless attraction liable for hours. 1 Article. 20.3 of the Code of Administrative Offenses (public demonstration of Nazi or extremist symbols) of at least two people. We consider it unlawful to be persecuted for displaying symbols, not aimed at promoting the corresponding ideology. Back in August in Samara was fined a thousand rubles Alexander Kruglov, chairman of the organizing committee of the All-Russian Communist party (Bolsheviks) (VKP(b)): on his page in "VKontakte" were found three pictures with images of Vladimir Putin and Nazi symbols. Obviously, that Kruglov published these pictures not for the purpose of propaganda of the Nazi ideology, but, on the contrary, used the swastika as a means of political criticism. In the Republic of Tatarstan, the court fined M. Voloshko a thousand rubles for publication on VKontakte of the video "Rap Battle / Putin VS Hitler", which is also included in the Federal List of Extremist materials in which the image of the swastika flickers. Video has satirical in nature and is not aimed at propaganda of Nazism.

According to part 3 of Art. 20.1 of the Code of Administrative Offenses on "insulting the authorities" in September were punished by at least at least two people who spoke rudely about the president. at least twice proceedings on such administrative cases were terminated.

The pursuit religious organizations and believers

In September it was two sentences were pronounced against followers of the teachings of Jehovah's Witnesses.

Railway the district court of Khabarovsk found Valery Moskalenko guilty of participating in activities of an extremist organization (part 2 of article 282.2 of the Criminal Code) and sentenced him to two years and two months of forced labor with additional punishment in in the form of six months of imprisonment.

In Saratov, the Leninsky District Court recognized six Jehovah's Witnesses guilty under Part 1 of Art. 282.2 of the Criminal Code (organization activities of an extremist organization) and sentenced Konstantin Bazhenov and Alexei Budenchuk to three and a half years imprisonment, Felix Makhammadiev - to three years in prison, Roman Gridasov, Gennady German and Alexei Miretsky - to two years in prison.

All six were also given additional punishment in the form of a ban on leadership positions in public organizations for a period of five years and restriction of freedom for one year. The defendants intend to appeal the verdict.

In addition, criminal proceedings were initiated in Karelia case under Part 1 of Art. 282.2 of the Criminal Code in relation to another follower of the teaching Jehovah's Witnesses. Mikhail, a resident of Petrozavodsk, became a suspect. Gordeev; the investigator took from him a written undertaking not to leave the place.

Recall that in April 2017 the Supreme Court Russia recognized the Administrative Center of Jehovah's Witnesses in Russia and 395 local religious organizations of Jehovah's Witnesses extremist. We believe that this a decision that entailed mass persecution of believers under Art. 282.2 of the Criminal Code, not had legal grounds, and we regard it as a manifestation of religious discrimination.

In Tatarstan, a sentence was passed on three residents of the republic accused of continuation of the activities of the Islamic movement "Tablighi Jamaat", which is recognized as extremist in Russia. Tatarstan, whom the court recognized cell leader, sentenced under Part 1 of Art. 282.2 of the Criminal Code to six years in a general colony regime, and two of his acquaintances - to two years in a colony under Part 2 of Art. 282.2 of the Criminal Code. According to investigation, with which the court agreed, the convicts launched a preaching and recruitment work of "Tablighi Jamaat" in Bavlinsky, Aznakaevsky and Rybno-Sloboda districts of Tatarstan. Presumably, we are talking about Tagir Salimov, Marat Nazmiev and Fanis Usmanov. Religious movement "Tablighi" Jamaat" was banned in Russia in 2009, in our opinion, without proper reason: it is engaged in the propaganda of fundamentalist Islam, but there was no seen in any calls for violence; persecution of his supporters, from our point of view, is unjustified.

In September we learned that in May in the Sverdlovsk region, an individual entrepreneur Rasima Safina was fined under Art. 20.29 (mass distribution of extremist materials) for two thousand rubles. Safina's store sold two copies books "Muhammad the Greatest of All" and "Woman in Islam and in the Judeo-Christian world." Safina pleaded guilty, saying that literature was purchased by her husband, who had already died. Safina is one of the founders local religious organizations of Muslims. From our point of view, she wrongfully held accountable because the books found in her possession are not incite religious hatred, and there were no grounds for their ban.

In Togliatti, Samara Region, initiated a new criminal case under Art. 205.5 of the Criminal Code (organization of activities terrorist organization or participation in it). The accused were four people: Radik Khairuddinov, Elmar Mammadov, Alexey Botva and Rais Mavlyutov. All four are accused of being members of a banned the Islamic political party Hizb ut-Tahrir; passed in their homes searches with seizure of literature; they were detained and then sent under arrest. Recall that we oppose the accusation of Hizb ut-Tahrir supporters under anti-terrorist articles, since the organization does not practice violence and they are charged only with party activity - holding meetings, studying and distribution of party literature, etc.

The pursuit for anti-religious remarks

Last day of the month the Magistrate's Court of District No. 8 of the Kirovsky District of Irkutsk ruled in the case of an anarchist Dmitry Litvin, accused under Part 1 of Art. 148 of the Criminal Code. The court found Litvin guilty of insulting the feelings of believers and appointed him 100 hours of compulsory work, however, Lytvyn was released from punishment, as well as from procedural costs in connection with the expiration of the statute of limitations for the proceedings. The court found evidence insulting the feelings of believers in only one of the four anti-Christian memes, who incriminated Lytvyn - an image of an indecent gesture against the background temple, and in relation to other images did not see "violations established norms and rules. "Lytvyn said he intends to appeal the decision court. We regarded the persecution of Lytvyn as unlawful, since in the images he published did not contain aggressive appeals, and their publication did not pose a public danger, respectively, there was no grounds for issuing a guilty verdict to the activist. In general, we We are convinced that the concept of "insulting the feelings of believers", introduced in composition of Art. 148 of the Criminal Code, does not have a clear legal meaning at all and should be excluded from the law.