Unlawful application of anti-extremist legislation in Russia in 2019

SUMMARY
STANDARD MAKING
ECtHR PRACTICE
MAIN DIRECTIONS OF PERSECUTION
Ideological Opponents of the authorities : Persecution for the "rehabilitation of Nazism" : Persecution for incitement to extremist activities : Persecution for calling for separatism : Persecution for "justifying terrorism" : Others persecution for anti-government speech : Persecution for group anti-government initiatives

The Costs of the Fight for Tolerance : Problems of Enforcement of Norms on Inciting Hatred : Persecution for Extremist Symbols : Combating “Offenders to the Feelings of Believers”

Religious groups : "Hizb ut-Tahrir" : "Tablighi Jamaat" : "Fayzrakhmanists" : Followers Saida Nursi : Jehovah's Witnesses : Administrative sanctions for spreading religious literature
Sanctions regarding libraries
Internet and anti-extremism : Blocking practices : Other sanctions

Media and anti-extremism

SOME STATISTICS

Summary

This report is an analytical review anti-extremist legislation and its misuse for 2019 year. The SOVA Center issues similar reports annually, summing up monitoring work that our organization carries out on a permanent basis basis since the mid-2000s [1] .

In 2019 the trend that emerged a year earlier to eliminate deficiencies anti-extremist legislation has not been developed: proposed in In 2018, the initiatives were implemented, but no new steps were taken along this path was, despite the fact that the need for further changes is more than obvious. Another trend prevailed, which also manifested itself in 2018 – the course towards tightening of the old and introduction of new restrictive norms - as curtailing the rights of “involved in extremist and terrorist activities” and introducing new measures to control activity on the Internet.

Chosen by Russian by the authorities of the course of anti-extremist policy, directly interfering with the implementation fundamental human rights, including the right to freedom of expression, freedom of conscience, freedom of association, conflicts with the obligations Russia within the framework of international treaties. On contradictions with the European Convention on Human Rights in 2019 again pointed out in its decisions European Court of Human Rights. At the same time, Russia binds itself obligations involving further tightening of anti-extremist restrictions; for example, in July it ratified the repressive convention against extremism of the Shanghai Cooperation Organization.

Speaking of statistics law enforcement for 2019, first of all, it should be noted the consequences partial decriminalization, Part 1, Art. 282 of the Criminal Code: cancellation of a number of previously issued sentences and termination of criminal prosecution in cases that were not considered by the court at the time of decriminalization. Attracts attention and general reduction in the number of criminal prosecutions under articles on “extremist statements." At the same time, the proportion of unlawful sentences we identified from total number of sentences under criminal articles on extremist statements remains the same as in recent years. We are seeing more and more cases unlawful prosecution under the anti-terrorist article concerning public statements, art. 205 ² Criminal Code on the justification of terrorism. In addition, we noted a number of unjustified prosecutions under the new Administrative Article 20.3.1 on incitement to hatred enacted in as a result of the decriminalization of Article 282 of the Criminal Code. In addition, we recorded dozens cases of prosecution under the new administrative rule on disrespect for the authorities and society, and we consider this norm close to anti-extremist and completely unfounded. Despite being launched in 2019 reform of the administrative article on the display of prohibited symbols, the number of sanctions imposed on it, including illegal ones, grew.

Policy on religious minorities generally remained the same: the authorities are actively suppressing activities of religious organizations and movements of foreign origin, which considered undesirable. With regard to religious associations, the conflict between a ban on the continuation of activities enshrined in criminal law organizations recognized as extremist, and the Constitution of the Russian Federation, which guarantees the right choose a faith and profess it individually and collectively, was never allowed. Therefore, in 2019, the massive persecution of Jehovah's Witnesses, continuing their religious practice after their communities in Russia were recognized as extremist, only gained momentum. Did not decrease in 2019 and the scope of the persecution of supporters of the Islamic radical party Hizb ut-Tahrir, to whom the courts assign huge - up to 22 years - terms of imprisonment only for based on their alleged affiliation with an organization that in Russia was recognized as terrorist, in our opinion - as a result of an error.

Rulemaking

In July, Russia ratified the convention of the Shanghai Organization cooperation (SCO) on countering extremism, which was signed in 2017; in October 2019, the convention entered into force for Russia. Apart from Among other things, it expands the definition of extremism adopted earlier at the SCO level: if in the Shanghai Convention of 2001 it was tied to violence, now includes “other anti-constitutional actions”, and in addition, introduces a list "extremist acts", largely coinciding with the definition of extremism, which is used in the Russian law "On countering extremist activities". Moreover, this list includes the incitement of political discord, which is absent in the Russian definition; Basically, this opens the way to tightening of Russian legislation. The Convention imposes on SCO members obligations to establish responsibility both for these acts and for a number of actions associated with them. The document provides for close cooperation law enforcement agencies in the framework of investigations into cases of extremist orientation, including travel to be present at operational events to the territory of other member states. In addition, the convention requires Deny refugee status to anyone involved in extremist crimes. Strengthening cooperation of this kind causes us concern, as it opens the prospect of further aggravation of an already difficult situation dissidents in the SCO countries.

In 2019, the number of norms restricting the rights of people whom the authorities consider to be involved in terrorism and extremism. Among them are laws signed in March, one of which obliges lawyers and accountants to freeze client funds from so the so-called list of extremists and terrorists of Rosfinmonitoring, and another bans people on this list from working in nuclear installations. WITH July, these people can not yet work as machinists on the railways, and with August - according to the law on crowdinvesting - to attract investments and own crowdfunding platforms. Recall that the Rosfinmonitoring list includes convicts, as well as those accused and suspected of involvement in extremist and terrorist activities. In addition, the government submitted to the State Duma bill expanding the ban on the establishment of non-profit organizations and membership in them for persons whose funds are frozen by the Interdepartmental Commission on countering the financing of terrorism.

In early April, Rosfinmonitoring published a draft law, according to to which state bodies are vested with powers for urgent extrajudicial suspension of banking operations, which, in their opinion, may have attitude to the financing of terrorist or extremist activities, to the preparation and holding public events in violation of the established procedure, as well as to drug trafficking. We believe that by introducing an extrajudicial blocking mechanism funds, law enforcement agencies will receive another tool preventive suppression of objectionable public activity, and the proposed measures will affect not only the participants in such activity, but also members of their families. In addition, given the vague wording of the draft law, the basis for appropriate decisions by the courts will serve not only criminal sentences under anti-terrorist and anti-extremist articles, entailing constitute the arrest and confiscation of the means of committing a crime, and not only the fact of criminal prosecution (as it happens now with the persons on the list "terrorists and extremists" of Rosfinmonitoring), but also involvement in responsibility for administrative articles or operational information collected law enforcement agencies. For example, it is easy to assume that the accounts activists who are suspected of organizing unauthorized rallies or fundraising for political prisoners will be blocked simply on the basis of these suspicions.

In 2019, the authorities finally came to grips with the issue of limiting a total ban on displaying prohibited symbols. December the President signed the document developed by a group of deputies headed by Elena Yampolskaya ("United Russia"), at the initiative of the All-Russian Popular Front, the law "On amendments to Article 6 of the Federal Law "On the perpetuation of the Victory of the Soviet people in the Great Patriotic War of 1941-1945" and Article 1 Federal Law "On counteracting extremist activity". The adopted law replaces the statutory ban on “propaganda and public demonstration" of Nazi symbols and paraphernalia and symbols of extremist organizations with a ban on its "use" except in those cases, "when which form a negative attitude towards the ideology of Nazism and extremism and there are no signs of propaganda or justification of Nazi and extremist ideology." A note of similar content will be supplemented by Art. 20.3 Administrative Code (public display of Nazi symbols) - corresponding The bill was approved by the State Duma in February 2020.

We welcome the lifting of the total ban on displaying prohibited symbolism, however, it is not quite clear to us how it is proposed to establish in what cases, a “negative attitude” is formed towards the Nazi or extremist ideology, and in which no, and besides, such a condition will obviously not cover all cases displaying prohibited symbols without the purpose of promoting the relevant ideology. To prevent undue harassment, we have offered expressly prescribed in federal laws and Art. 20.3 of the Code of Administrative Offenses, which is punishable only demonstration of prohibited symbols aimed at such propaganda. Such the clause was contained in the draft law of Senator Anton Belyakov, which suggested a different reform option. 20.3 of the Code of Administrative Offenses, which in December 2019 was State Duma rejected.

In 2019, a number of laws in the information sphere were signed aimed at further restriction of the right to freedom of expression in Russia. Appeared and new legislative initiatives of the same nature.

In March, the President signed a package of laws on indecent behavior in the Internet and on the dissemination of unreliable socially significant information initiated by the deputy from United Russia Dmitry Vyatkin and senators Alexander Klishas and Lyudmila Bokova. Roskomnadzor received the right block, at the request of the Prosecutor General's Office, "inaccurate socially significant information disseminated under the guise of credible reports, threatening citizens, public order, etc. At the same time, registered network The media were given the opportunity to quickly delete such messages in order to avoid blocking. For the dissemination of "knowingly false" information was introduced administrative liability under Art. 13.15 of the Code of Administrative Offenses (abuse of freedom mass media) in the form of large fines, differentiated depending on from the degree of alleged or real harm - up to 1.5 million rubles for legal entities.

Blocking is also subject to “information expressing in an indecent form, which offends human dignity and public morality”, an explicit disrespect for society, the state, state symbols, authorities. Site owners get a day to delete such information. Citizens for her distribution can be punished administratively with fines up to 300 thousand rubles and arrests up to 15 days in accordance with the new parts of Art. 20.1 Administrative Code (petty hooliganism).

As we have repeatedly said, these laws, in our opinion, operate with unclear concepts, introduce excessive norms and imply unreasonable interference into the right of Russian citizens to freedom of expression, aimed at suppressing criticism of the activities of the authorities.

In December, a law on tougher liability for violations was signed. information legislation proposed by deputies from United Russia. Art. 13.11 of the Code of Administrative Offenses (violation of the legislation of the Russian Federation in the field of personal data) was supplemented by the rule on liability for refusing to store personal these Russians on the territory of Russia, which provides for large fines for citizens and multi-million dollar - for legal entities. In addition, large fines for repeated violations of the law on information subject to articles 13.31, 13.35, 13.36, 13.37, 13.39, 13.40 Administrative Code, which include and anti-extremist restrictions. According to the law, to consider cases of repeated violations under the listed articles should be the courts, not the inspector of Roskomnadzor.

At the same time, the President approved the law "On Amendments to the Law Russian Federation "On the Mass Media" and the Federal Law "On information, information technology and information security"". provides for the possibility of recognizing mass media as “foreign agents” of individuals persons and establishes the procedure for the dissemination of information by the media - "foreign agents." A person can be recognized by the media as a “foreign agent” if distributes for an unlimited circle any messages and materials, and when this, but not necessarily in connection with this, receives money from any foreign sources. In addition, this status can be obtained not for distribution materials, and for participation in the creation of media materials - "foreign agents", if at the same time receive money from abroad or from the media themselves - “foreign agents." Physical and Russian legal entities engaged in such activities are now are included in the register of mass media – “foreign agents”, and may be subject to the provisions of the law "On non-commercial organizations" that apply to NGOs - "foreign agents". The Ministry of Justice was entrusted with maintaining the new register, but the decision on inclusion of a person in this register, he must take, by agreement with the Foreign Ministry. Imprint, messages, materials of both the media themselves - “foreign agents”, and and their Russian legal entities - "foreign agents" must be marked with an indication of corresponding status. A similar indication should be contained on weekends. data of a registered media outlet established by such a legal entity. In case of entry by virtue of a decision on an administrative case on violation of the order of activity Media - a "foreign agent" or its Russian legal entity Roskomnadzor will be block the resource of the offender in the manner determined by the government. In the same month, a law was signed introducing a new article 19.34.1 into the Code of Administrative Offenses, which provides for fines from 10 to 100 thousand for citizens, from 50 to 200 thousand for officials and from 500 thousand to 5 million rubles for legal entities for violation of the law on the media - "foreign agents". Both rules came into force on February 2020; at the time of the release of the report, we do not have information about that they are being used.

In October, a group of senators led by the restless Andrei Klishas introduced State Duma a package of two bills, involving the distribution of services e-mail of the provisions of the norms on messengers prescribed in the Federal Law "On information" and Art. 13.39 of the Code of Administrative Offenses, as well as clarification of these norms. Owners now not only instant messengers, but also mail services (“organizers of the exchange service messages"), it is planned to oblige to block user accounts in the event that if law enforcement agencies record the facts of transmission by them by electronic mail messages with information subject to blocking both in court and in out of court at the request of the Prosecutor General's Office. The bill was supported profile committee of the State Duma - on information policy, information technology and communications and criticized by the co-executive committee on government building and legislation. The last review states that the bill actually expands the rules on instant messengers to all organizers of information services and requires checking all Internet messages, which will lead to mass non-compliance with the requirements of the law; in fact, this requirement, already introduced in relation to the owners of instant messengers, often not fulfilled. The general inefficiency of such measures is also noted, both for messengers, as well as for mail services, because “blocking the correspondence of a particular user does not deprive him of the ability to immediately create a new account and continue the correspondence. In addition, such measures involve the introduction by the state of the rule “on violation in relation to its citizens of the postulate of secrecy of correspondence. The government, in the official response to the bill indicated that it supports it, although it proposes explain what is meant by the term "organizer of the exchange service messages."

At the end of February, Klishas' colleague Senator Lyudmila Bokova introduced State Duma two bills - on increasing fines under Art. 6.17 Code of Administrative Offenses, punishing for violation of the legislation of the Russian Federation on the protection of children from harmful information, and to amend that legislation itself, which, in in particular, should have obligated educational organizations to develop and implement programs that meet the requirements of the legislation ensuring information security of minors; provided and conducting unscheduled inspections on complaints against providers regarding measures protecting children from harmful information. Bokova withdrew her proposals after how the government gave them a negative review.

In May, a package of bills on a ban on dissemination of information conducive to the imposition of sanctions against Russian state, citizens and organizations. Its author, deputy Mikhail Emelyanov ("Fair Russia"), proposed to ban the collection, transfer and dissemination of information contributing to the imposition of sanctions against Russia and Russians, and information about their circumvention of sanctions. It was proposed to introduce a criminal liability for dissemination in the media and the Internet as protected by law secrets, as well as any other information that contributed to the imposition of sanctions, and Art. 128 ¹ Criminal Code (slander) to be supplemented with a part punishing for slander against those subjected to sanctions persons or became one of the grounds for the imposition of sanctions. We noted that Emelyanov's proposals regarding the dissemination of information that does not constitute legally protected secrets or personal data, directly contradict Art. 29 Constitution of the Russian Federation, which guarantees freedom of speech and mass media, and provide for the possibility of criminal prosecution for acts committed without criminal intent. It was also unclear exactly how establish the fact that the dissemination or transmission of information really contributed to the imposition of sanctions. Both government and legal State Duma administration considered Yemelyanov's bill not in line with the principle legal certainty; the legal department also pointed out that he contradicts Russia's obligations under international treaties in the field of human rights person. The bill was withdrawn by the author in November.

Practice of the ECtHR

In 2019, the European Court of Human Rights (ECtHR) continued receive and communicate complaints from Russian citizens in connection with the use of anti-extremist standards. At least two important decisions were made.

In July, the ECtHR considered the case Zhdanov and Others v. Russia, which united three complaints against the refusal of the Russian authorities to register organizations LGBT communities ("Rainbow House", "Pride House in Sochi" and ANO "Movement for marital equality). The Russian authorities tried to justify the refusals the need to protect morality and family, national security (due to hypothetical population decline), the rights and freedoms of others (from manifestations of same-sex relationships, promotion of LGBT rights and advocacy for equality heterosexual and same-sex relationships), as well as preventing arousal social and religious hatred and enmity that can lead to manifestations violence. Thus, according to the authorities, the activities of LGBT organizations had extremist signs. The ECtHR held that the Russian authorities should have provide conditions for the safe operation of LGBT organizations - for example, public and unequivocally denoting its tolerant position and warning potential aggressors about responsibility, but instead decided to eliminate the very cause potential tension by restricting the applicants' right to freedom of association. In the opinion of the European Court, the interference of the Russian authorities with this right is not was necessary in a democratic society. Consequently, the authorities violated Art. 11 of the Convention, which guarantees freedom of assembly and association, and, since speech was about LGBT rights, art. 14 of the Convention on the Prohibition of Discrimination, and one of complaints - also Art. 6 of the Convention on the right to a fair trial.

The second decision relates to anti-extremist law enforcement only partially. - as it concerns the anti-extremist in origin "Lugovoy's law" on internet blocking. In April, the ECtHR ruled on the complaints of the Syktyvkar activist Grigory Kablis to the refusal to approve the picket, as well as to extrajudicial blocking of three posts on the 7x7 website and a social media account "In contact with". Kablis filed a picket notice in 2015 and published in blog post about it. After the city administration refused to approve the picket, he published two more posts on the blog with the announcement of the national gathering, as well as one post in VKontakte. After that, his account on the social network was blocked by at the request of the Prosecutor General's Office, and then the portal "7x7" was forced under the threat blocking delete his blog posts.

According to the ECtHR, Art. 15.3 of the Law "On Information" contains too broad the wording regarding the prohibition on the dissemination of information about events, conducted in violation of the law. As a result, it turns out that any, even the most a minor, procedural violation in this area may cause extrajudicial blocking of posts, and the wide margin of discretion of the Prosecutor General's Office in against such blockings makes it almost impossible for them to be judicially reviewed. Thus, Art. 15.3 of the law does not contain the necessary guarantees against abuse. The ECtHR recognized the very mechanism of blocking under the “Lugovoy law”, fixed in this article of the law, inconsistent with the Convention.

The ECtHR decided that the blocking of Kablis's account and posts constituted interference by a public authority with its right to express opinions, an integral part of which is the freedom to receive and distribute information and ideas. The blocking in this case was aimed exclusively at application of the rules for holding public events, which, according to the ECtHR in one's practice should not be an end in itself. Possible legitimate purpose of blocking could consist in protecting the rights of others, but the Russian courts did not establish whether Kablis's actions really infringed on these rights. The ECtHR noted that only two of his four posts contained calls for participation in the planned them a public event. It should be taken into account, however, that with respect to violating the law, but peaceful assemblies, the authorities must demonstrate a certain level of tolerance. The reasons for blocking two other posts altogether are not clear, and, moreover, they discussed matters of public interest. interest, and such statements are subject to special protection. Thus urgent there was no public need to block information in this case. ECtHR came to the conclusion that Russia violated Art. 10, 11 and 13 of the European Convention on human rights that protect freedom of expression, freedom of assembly and the right to effective remedies, and decided to compensate Kablis moral damages and legal costs.

Main lines of persecution

Ideological

opponents of the government

In 2019, after the partial decriminalization of Art. 282 of the Criminal Code inciting hatred, for which in the past they were often held accountable for expression of political views, the courts more often pursued ideological opponents of the authorities under other articles of the Criminal Code and under Art. 20.3.1 of the Code of Administrative Offenses, similar in composition h. 1 Article. 282 of the Criminal Code. It is worth noting fifty cases persecution under the new parts of Art. 20.1 of the Code of Administrative Offenses for manifestations of disrespect for the authorities and society on the Internet. On the whole, it can be stated that the opposition online activity continues to be the focus of law enforcement authorities and becomes a pretext for unreasonable persecution.

Persecution for "rehabilitation of Nazism"

Volgograd regional court in March fined 200 thousand rubles under part 3 (public desecration of the symbols of Russia's military glory) Art. 354 ¹ UK (rehabilitation of Nazism) Alexey Volkov, coordinator of the Volgograd headquarters Alexei Navalny in 2017. He was accused of publishing community of supporters of the opposition on the social network "VKontakte" a collage with a covered green monument "Motherland is calling!". This post came about after Navalny was splashed with brilliant green during his "pre-election" visit to Barnaul. The creators and distributors of the collage clearly had no intention of disrespecting monument and contribute to the rehabilitation of Nazism - on the contrary, clearly they likened the illegal attack on Navalny to an attack on the famous sculpture. It is highly doubtful that the dissemination of such an image could be considered a desecration of the monument itself. In addition, the concept of symbols military glory of Russia”, which is used in the wording of Part 3 of Art. 354 ¹ of the Criminal Code, is not disclosed in the legislation, and it is not clear what exactly should be considered such.

In December, the jury, and then the Supreme Court of Chuvashia, recognized opposition blogger Konstantin Ishutov guilty under Part 1 of Art. 354 ¹ Criminal Code (rehabilitation of Nazism) and paragraph "d" part 2. Art. 242 ¹ UK (distribution of child pornography on the Internet). Ishutov was sentenced to three and a half years in a penal colony and a fine of 150 thousand rubles. In part relating to the rehabilitation of Nazism, the sentence appears to be unfounded. He was taken out for two publications in social networks. In 2010 (that is, long before introduction to the Criminal Code of an article on the rehabilitation of Nazism) Ishutov wrote in LiveJournal, that the Chuvash authorities do not recognize that there is burial of thousands of captured Germans who worked at a peat enterprise in Zavolzhye, and do not allocate funds for the care of a mass grave, while in In Germany, on the contrary, it is customary to take care of mass graves, memorials and monuments. Neither in this text, nor in the discussion that unfolded under the post, Ishutov allowed themselves statements justifying the actions of the Nazis. The blogger was also accused of posting on Facebook in 2018 with a photo of a German leaflet 1941, addressed to citizens of the Soviet Union, soldiers and commanders of the Red army, in which the Nazis promised to give the peasants full ownership household plots and restore freedom of religion in the USSR. Ishutov provided the publication with the comment: “When The Third Reich treats the Soviet people better than Putin treats the Russian people.” Both of these episodes, in our opinion, did not give grounds for criminal persecution, since Ishutov's intentions obviously did not include justification crimes of the Third Reich, and criticism of the policy of the Russian authorities.

Persecution for incitement to extremist activities

In December, the Kuntsevsky District Court of Moscow recognized the HSE student as video blogger Yegor Zhukov guilty of incitement to extremist activities in the Internet under Part 2 of Art. 280 of the Criminal Code. Zhukov was sentenced to three years suspended sentence and two years of ban on site administration and similar activity. The investigation claimed that four videos on Zhukov's YouTube channel contain “calls for the implementation of extremist activities based on political hatred and enmity, including the violent change of the constitutional order, riots and obstruction of lawful activities of employees law enforcement agencies, and the court agreed with this. Zhukov on these videos called on the opposition to a more active and thoughtful struggle against the current Russian state system, but promoted exclusively non-violent methods of resistance and, moreover, argued that violent methods are unacceptable. The methods of political struggle listed by Zhukov, with our points of view do not fall under the definition of extremist activity in the relevant law.

Persecution for calls for separatism

In March, the Bashkir nationalist Airat was arrested in Ufa Dilmukhametov. He was accused of publishing on the Internet calls to violate territorial integrity of the Russian Federation (part 2 of article 280 ¹ UK), and then during years, a number of other charges were brought against him, and they all look unreasonable. The charge of calling for separatism was brought in connection with Dilmukhametov's video message, in which he announced his intention to win the elections of the head of Bashkortostan, after which to initiate a re-conclusion federal agreement between the subjects of the Russian Federation on new terms. Dilmukhametov not talked about secession from Russia, and in general his plans looked abstract: he did not propose any concrete steps to implement his program and themes no longer called for violent means of its implementation. At the same time, at the beginning 2020, Dilmukhametov was charged under Art. 282 ³ UK (financing of extremist activities) - for attempting to collect via the Internet funds "to support the struggle for the new IV Bashkir Republic."

Prosecuted for "justifying terrorism"

In April, in Novy Urengoy (YaNAO), a criminal case was initiated on Part 2 Art. 205 ² of the Criminal Code in relation to the creator living in exile and editor-in-chief of the portal "Voice of Islam" Dmitry Chernomorchenko in fact publication in 2016 on the website "Voice of Islam" of the article "Aleppo fell: lessons and conclusions". The reason for initiating the case was the conclusion of one of the experts, found signs of justifying the activities of the banned "Islamic state” in the words of the author that to blame this organization for the fall Aleppo is pointless, because during the fighting, the ISIS actually maintained a "tacit truce" with Assad. This interpretation of the author's opinion difficult to consider justified, especially since the article criticizes all parties to the conflict, including ISIS, and does not contain calls for violence, but especially to terrorism.

Unfounded accusation of justifying terrorism through Internet under Part 2 of Art. 205 ² The Criminal Code was also presented to the above-mentioned Bashkir activist Airat Dilmukhametov. The reason was the publication on YouTube videos with his story about the persecution of members of Hizb ut-Tahrir, taken in November 2018. Dilmukhametov called unfair severe punishments that are assigned to them under Art. 205 ⁵ UK, but warned young people against joining the party, criticizing its ideology, then not only did not justify and did not propagate terrorist activities, but did not at all express agreement with the ideology of Hizb ut-Tahrir, and only stated that this organization does not resort to terrorist methods of struggle.

About dubious sentences under this article, handed down for alleged propaganda of the activities of Hizb ut-Tahrir, we describe below, in the chapter on the persecution of religious groups.

In December, the prosecutor's office returned to the investigator for additional examination the case of Pskov journalist Svetlana Prokopyeva, who continues to be under bail. Earlier, in September, Prokopyeva was charged charge under Part 2 of Art. 205 ² CC (public justification of terrorism in MASS MEDIA). The reason was the radio station Ekho Moskvy, aired in November 2018. in Pskov" Prokopyeva's program "A Minute of Enlightenment". The broadcast was decoded published on the Pskov News Feed website. The show was dedicated reasons for the explosion in the FSB office in Arkhangelsk. Analyzing this event Prokopyeva argued that the actions of the young man who had committed the explosion were due to the repressive policies of the state and that there is a high risk that youth growing up in an atmosphere of state cruelty will respond to the state same. Both “Echo of Moscow in Pskov” and “Pskov News Feed” in December 2018 received warnings from Roskomnadzor for this material, which in August 2019 were upheld by the Pskov City Court. IN February 2019, the world court fined under Part 6 of Art. 13.15 Administrative Code (production or release of mass media products containing public calls for terrorist activities, materials, publicly justifying terrorism) a radio station for 150 thousand rubles, and LLC "Civil Press", which publishes the site "Pskov news feed", - on 200 thousand rubles. Immediately after that, a criminal case was initiated on the fact of public statements made during the program. It should be noted that Prokopyeva did not allow claims that ideology or practice terrorism are right and should be emulated, as are their attractiveness or acceptability.

In the same month, in the Chelyabinsk region, the Investigative Committee in Due to the lack of corpus delicti, he stopped criminal prosecution 59-year-old activist of the Stop GOK environmental movement Galina Gorina, who previously charged under the same Part 2 of Art. 205 ² UK (justification of terrorism on the Internet) in connection with the repost of the entry in VKontakte, also dedicated to the explosion in the Arkhangelsk UFSB. Gorina published it on her page, accompanied by a comment: “What is this going on all over the country ... Children are killing themselves! In the decision to terminate the criminal case, the investigator noted that Gorina’s approval of the event described in the post did not was expressed by her personal comments.

Other harassment for anti-government speech

In 2019, we became aware of 31 cases of involvement in liability under Art. 20.29 of the Code of Administrative Offenses in different regions of Russia for distribution banned video by Alexei Navalny about the unfulfilled promises of the United Russia" "Let's Remind the Crooks and Thieves of their Manifesto-2002". The absolute leader in this race was the Belgorod region, where 18 person [2] . In two cases, the courts imposed administrative arrest on the guilty, in 28 - fines, the outcome one case is unknown. It can be assumed that law enforcement chose this video because its search on social networks allows you to easily carry out “prevention” in the form of imposing administrative sanctions on opposition-minded Internet users. And in the Belgorod region the video has obviously become a favorite tool of the local CPE operatives - lovers of the stick system, increasing with its help the indicators of the fight against extremism. Recall that the content of the notorious video, which was recognized as extremist in 2013, boils down to listing a number of unrealized campaign promises of "United Russia" from the manifesto of the party in 2002 and the appeal vote for any party other than the ruling party. This video is banned persecution for its dissemination, we consider unfounded.

In 2019, we became aware of at least 11 cases unreasonable prosecution of opposition activists under Art. 20.3 of the Code of Administrative Offenses on the demonstration of prohibited symbols, in only one case the case was terminated, in three cases administrative arrest was ordered, in seven more - fine. We are talking about cases of using prohibited symbols without a purpose. propaganda of the corresponding ideology: for example, the use of the swastika in memes oppositional direction.

So, in November, the Sverdlovsky District Court of Irkutsk appointed two days administrative arrest of political strategist and public figure Igor Madasov, who published a post on Facebook with the image of two badges - patrol service of the Russian police and the financial department of the Third Reich (with an eagle holding a Nazi swastika) - and the inscription: "POLICE all new - a well-forgotten old.

In August, Alexander Kruglov was fined a thousand rubles in Samara, chairman of the organizing committee of the All-Russian Communist Party (Bolsheviks) (VKP(b)): three pictures with images of Vladimir Putin and Nazi symbols. Obviously, Kruglov is not is an adherent of Nazism and published these pictures for the purpose of criticism authorities. The regional court canceled the fine in connection with the admitted lower court procedural violations.

In 2019, there are no citizens less than 56 times were prosecuted for CC. 3-5 art. 20.1 of the Code of Administrative Offenses dissemination of information expressing indecent form disrespect for state and society online. 32 times a fine was imposed (two people were fined twice), 18 cases were discontinued (in four of of these cases, it was about an attempt to re-prosecute earlier punished - for new statements), we do not know about the outcome of 6 more cases. Us four cases are known when the police refused to complainants in their demands to draw up Protocol under Part 3 of Art. 20.1 of the Code of Administrative Offenses. In almost all cases, it was a matter of disrespect for representatives of the authorities: most often - about obscene expressions addressed to president, but also local officials, judges, representatives law enforcement. Among those held accountable are both local activists, journalists, bloggers, and ordinary Internet users, dissatisfied with the authorities. It should be noted that the first court decisions under Part 3 of Art. 20.1 of the Code of Administrative Offenses were issued in the spring, most of the sanctions were imposed by the courts summer, autumn, the flow of cases decreased, and in addition, the lawyers of the International human rights group "Agora", which provide legal support for such cases, it became increasingly possible to achieve their termination [3] .

Persecution for group anti-government initiatives

In June it became known that Chelyabinsk activists Oksana Eremina and Yuri Vashurin was charged under Part 2 of Art. 213 of the Criminal Code (hooliganism, motivated by political hatred by an organized group). During protest action "He is not our king" on May 5, 2018 in Chelyabinsk, protesters broke through the police cordon. According to investigators, the participants unauthorized rally filled the intersection and the area near the shopping center "Scarlet", "obstructing their quantitative advantage over the ordinary movement of people" and endangering their accidental exit to the roadway. Eremin, according to the indictment conclusion, began to call for a breakthrough, and then she herself began an “active movement forward” and broke through the cordon along with other protesters, Vashurin also participated in the breakthrough, grappling with elbows with other participants in the rally. By this, as stated in the warrants of prosecution, they grossly violated public order, expressing a clear disrespect for society, “in order to express their political will and political opinion, as well as expressions of protest against the current Head State - President of the Russian Federation V.V. Putin and expressions disagreement with the results of the elections of the President of the Russian Federation in 2018”. Regarding Boris Zolotarevsky, former coordinator of the city headquarters Alexei Navalny, who had previously received the status of a suspect, the case was terminated: the investigation considered that, although Zolotarevsky was the organizer of the action, he was detained before it began and therefore was not involved in the crime. On our sight, breaking through the cordon and filling the square or intersection with participants mass event can be considered as a violation of the procedure for holding mass event, but not as hooliganism committed on the motive political hatred.

In December, a member of the Perm branch of the Libertarian Party of Russia, Alexander Kotov (and in February 2020 - and activists of the local headquarters of Alexei Navalny Danila Vasiliev and Alexander Shabarchin) were charged with group hooliganism motivated by political hostility (part 2 of article 213 of the Criminal Code). Reason for initiation of the case was an installation that appeared on one of the streets of Perm 11 November 2018: A mannequin in a striped prisoner's uniform was tied to a post and the face of Vladimir Putin with signatures "liar" and "war criminal Pynya VV"; the creators filmed the installation video and posted online. Tying a mannequin to a pole, from our point of view vision, can hardly be interpreted as hooliganism, i.e. a gross violation public order, therefore, in this case, the application of the article on hooliganism based on hostility does not seem justified.

In December, a criminal case was initiated on the organization of an extremist communities in relation to the Ingush oppositionists who participated in the organization protests against changing the border with Chechnya in March 2019. Malsaga Uzhakhov, Akhmed Barakhoev and Musa Malsagov are accused of creating the Ingush Committee of National Unity under Part 1 of Art. 282 ¹ ; Barakh Chemurziev, Zarif Sautiev, Ismail Nalgiev, Bagaudin Khautiev and Ahmed Pogorov participation in the committee for hours. 2 Article. 282 ¹ UK. Activists have previously been accused of Part 3 Art. 33 and part 2 of Art. 318 of the Criminal Code in the organization of violence dangerous to life or health, motivated by political hostility against government officials in connection with the performance of their duties.

The reason for these accusations was the events of March 27, 2019 on the square near National TV and Radio Company "Ingushetia" in Magas, when the protest rally escalated into clashes with the National Guard. Uzhakhov was also shown charges under Part 2 of Art. 239 of the Criminal Code (management of a non-profit organization, associated with inciting citizens to commit illegal acts). By versions of the investigation, Uzhakhov, Barakhoev and Malsagov, united by political hostility to the President of the Republic Yunus-Bek Yevkurov, created an extremist community, namely the Ingush Committee of National Unity (IKNE), which was chaired by Malsagov. IKNE activists spread calls for participation in uncoordinated protests in the media and social networks and organized such shares. And the rally on March 27 was declared open-ended until the requirements were met. protesters, thereby “carrying out psychological motivation and stimulation” of the rally participants to show disobedience and use violence in against the authorities, which led to clashes. At the same time, everyone The listed activists are not charged with using violence or threatening the application of such. Members of the Ingush Committee of National Unity allegedly deliberately encouraged protesters to use violence against representatives of the authorities motivated by political hostility, when, "manipulating ethnic customs" and "provocatively appealing to man's dignity and national unity”, urged them to protect the elders and woman.

The accusations brought against the Ingush activists under Art. 282 ¹ , as well as under Art. 318 of the Criminal Code, seem to us unlawful. The investigation does not lead convincing arguments in favor of the fact that the activists planned in advance provocation of violence (by uniting precisely for this), nothing they allowed appeals (regardless of whether they were planned or voiced spontaneously) had the goal of motivating the audience to violence. Thus, with on the one hand, it is impossible to consider an association of activists as extremist community, that is, a group of persons created to prepare crimes extremist orientation. On the other hand, those described in the indictment the conclusion of an utterance cannot be regarded as actions to organize the use of violence.

Costs of the fight for tolerance

Problems with the application of norms on incitement to hatred

In 2019, due to the partial decriminalization of Art. 282 of the Criminal Code incitement to hatred, the prosecution was discontinued in the framework of cases, which we considered illegal, or doubted the validity of their arousal.

• Cancellation of the sentence to the Bashkir activist national movement Sagit Ismagilov, who was fined for incitement of national hatred due to statements about the Golden Horde Tatars [4] ;

• Cancellation of the verdict on Sudak activists "Anti-Corruption Bureau of Crimea" to Dmitry Dzhigalov and Oleg Semenov, previously sentenced under Art. 282 fines for humiliating the dignity of Bulgarians [5] ;

- Cancellation of the sentence of the Ingush activist Sarazhdin Sultygov, who was fined for inciting hatred towards Ossetians [6] ;

• Cancellation of the sentence of Arkada Hakobyan from Prokhladny (Kabardino-Balkaria), previously fined for distributing prohibited brochures of Jehovah's Witnesses as for inciting religious hatred [7] ;

• Mitigation for three months - as a result termination of persecution for inciting hostility towards Yunus-Bek Yevkurov - sentencing of the Ingush oppositionist Magomed Khazbiev, who was sentenced several criminal articles to two years and 11 months in a colony-settlement [8] ;

• Reducing the sentence of the leader of the Tatar Patriotic Front "Altyn Urda" ("Golden Horde") to Danis Safargali, who in 2017 was sentenced to three years in prison for several criminal charges, including for publishing statements against representatives of certain ethnic and religious groups, against the president Russia, authorities and the media by ending the persecution under Art. 282 of the Criminal Code [9] ;

• Removal of a criminal record from a St. Petersburg nationalist Vladimir Tymoshenko, who previously served a two-year sentence in a strict regime colony for inciting hatred towards the social group "employees of institutions and institutions of state power" [10] ;

• Release of blogger Ruslan Sokolovsky from punishment for hours. 1 Article. 282 of the Criminal Code, according to which he, in total with Part 1 of Art. 148 of the Criminal Code and art. 138 ¹ Criminal Code (illegal circulation of special technical means, intended for secret obtaining of information), was sentenced to probation deprivation of liberty. The blogger was charged with publishing videos in which the court saw, among other things, humiliation on the basis of nationality, attitudes towards religion and belonging to a social group [11] .

In addition, it should be noted the termination of prosecution under Art. 282 of the Criminal Code in in the following cases, when it seemed to us illegal or doubtful:

• Ending persecution of student Daniil Markin from Barnaul, who was accused of humiliating the dignity of Christians in fact posting atheistic memes on social networks [12] ;

• Stop Prosecution for Distribution prohibited brochures of Jehovah's Witnesses under Art. 282 of the Criminal Code (but not Art. 280 of the Criminal Code, according to which he was also charged) Yuri Zalipaev, Jehovah's Witness from the city of Maisky (Kabardino-Balkaria) [13] ;

• Termination of a criminal case in the Omsk region feminist Lyubov Kalugina, who was accused of inciting hatred against men in the social network [14] ;

• Ending the persecution of Amin Shayakhmetov, accused of incitement to hatred and humiliation on grounds of nationality, language, attitude to religion for the publication of texts on the site, belonging to the organization "Shura Muslims of the Republic of Bashkortostan"; previously the criminal case against him was terminated with the imposition of a court fine [15] ;

• Termination of criminal prosecution of the chairman Union of Workers of Sevastopol, Secretary of the Sevastopol Branch of the ROT Party FRONT Valery Bolshakov, who was charged in connection with negative assessments of the "social group" Terek Cossacks "" in social network. Bolshakov was sentenced only to CC. 1 and 2 Art. 280 CC for calls for the overthrow of the regime - and then canceled in the appellate instance [16] ;

• The end of the persecution of the poet Alexander Byvshev for inciting hatred against Russians in connection with the spread publicistic poems on the Internet; later due to lack of composition crimes, charges were also dropped from him under Part 2 of Art. 280 of the Criminal Code and part 1 of Art. 294 of the Criminal Code (obstruction of justice) [17] .

According to the new art. 20.3.1 of the Code of Administrative Offenses, introduced in the Code of Administrative Offenses as a result of decriminalization part 1 Art. 282 of the Criminal Code, according to our information, was wrongfully prosecuted nine people. Six of them were fined, one received 15 days of arrest, one case was closed, we do not know about the outcome of another.

The Privolzhsky District Court of Kazan fined the leftist for 10 thousand rubles activist D. Valiev for answering a question about intellectual abilities and tolerance of Russians, given on the Internet portal Ask.FM. Answering the question the activist accused the Russians of intolerance and cowardice. Valiev adheres to anti-fascist views, and his remark was rather dictated by the rejection part of the views prevailing in Russian society than by a desire to humiliate Russians ethnicity.

The Laishevsky District Court of Tatarstan fined I. Sirazetdinov 10,000 rubles. In one from publics on VKontakte, Sirazetdinov posted a video “In the country alien fascist dictatorship”, which is a recording of a meeting "Academy of Geopolitical Problems" chaired by the head of the organization, Leonid Ivashov. During the meeting, Ivashov described his vision to the audience social, economic and political situation in Russia, criticizing the authorities for the clan system, exploitation of the subsoil and the population, the decline of the economy, the low level life of the majority, etc., and only once resorted to his inherent nationalist rhetoric and expressed his suspicions about the desire Jews and Han Chinese to world domination. This statement, in our opinion, is far not only from the incitement of hatred, but also from the humiliation of dignity; it can can only be attributed to mild hate speech, which does not form a reason for persecution. In addition, we believe that liability should attract primarily authors, not distributors of inflammatory statements.

The Norilsk City Court twice dismissed the case of a local resident, a citizen Uzbekistan Eva Repina, in respect of which a protocol was drawn up under Art. 20.3.1 of the Code of Administrative Offenses due to the fact that she created an open album on VKontakte "Debilki from the network", in which she kept screenshots of other people's posts and comments, containing xenophobic statements against non-Muslims and Russians, according to her words to file complaints against them. The court concluded that the Repina were not aimed at inciting hatred or enmity against groups of persons united on religious grounds, not to humiliate dignity groups of people based on nationality. This did not prevent the FSB even before considering case to ban Repina from entering Russia until 2038, followed by the annulment temporary residence permits; Repina failed to challenge it in court. We see no reason to forbid Repina to live in Russia: obviously, she really had no intention of inciting hatred, and the removal of her collection from public access would be a sufficient measure to prevent conflicts in networks. A twenty-year ban on entry into the country based on data on signs of an administrative offense is obviously disproportionate measure.

The Aldan District Court of the Republic of Sakha (Yakutia) sentenced arrest for 15 days to the conveyor driver N. Filippov. The one reading on the page "Criminal Yakutia" on Instagram information about the interethnic conflict, found under the post a comment "extremist character, calling on the Yakuts to unite against the Russians" and "redirected" him to a certain girl, "to laugh." Despite, that this comment appeared to contain a call for xenophobic violence, we doubt the legitimacy of Filippov’s punishment, since a statement redirected to one person cannot be considered public statement, and Art. 20.3.1 punishes precisely for those.

In Novocheboksarsk, CSKA fan Yevgeny was fined 10 thousand rubles Ogurtsov, who published a collection of poems of his own authorship and advertised it on VKontakte. A number of poems contained unflattering expressions addressed to the players and fans of Spartak. We didn't have the opportunity to get acquainted with the content of Ogurtsov's poems. However, the players themselves and the fans Spartak, from our point of view, do not form a vulnerable social group, subject to special protection against manifestations of hatred, and in the event that Ogurtsov did not call for violent actions against them, the reason for his there was no persecution.

In Ust-Ilimsk, Irkutsk Region, the case under Art. 20.3.1 of the Code of Administrative Offenses was initiated in regarding the former head of the local branch of the Young Guard of the United Russia"" Vladimir Ivashchenko, who called the townspeople "a limited herd" and "cattle" for choosing Anna Shchekina, an LDPR candidate, as mayor, and sharply spoke to her. We believe that city dwellers as a whole should not be classified as particularly vulnerable groups of the population who need protection from incitement to hatred, and in general we are in favor of exclusion from Art. 282 of the Criminal Code and 20.3.1 of the Code of Administrative Offenses of the vague term "social group", since it gives room for abuse. However, in the decision of the prosecutor's office to initiate case states that the question of whether Ivashchenko’s statements degraded residents of Ust-Ilimsk and whether these residents form a social group requires “conducting an administrative investigation with the production of research or examinations". Apparently, as a result, the case never went to trial.

We also oppose sanctions for incitement to hatred (humiliation) against representatives of the authorities, because they do not constitute a social group in need of special protection against inciting hatred. In this regard, we consider it unlawful to involve liability under Art. 20.3.1 of the Code of Administrative Offenses for publishing harsh statements against officials. We noted three such cases in 2019.

The Mendeleevsky District Court of Tatarstan fined Radislav Fedorov 10 thousand rubles for the publication of two videos on VKontakte, with one of which we could not get acquainted, and the second, “Dimon, who are you?”, is animated clip of a satirical nature, in which Alexei Navalny and his colleague Leonid Volkov escort Prime Minister Dmitry reciting rap Medvedev to the electric chair - in our opinion, did not give a sufficient reason for sanctions.

Promyshlenny District Court of Kemerovo fined Igor 10,000 rubles Molchanov for posting on his VKontakte page a text “containing negative and offensive assessment of representatives of various authorities and law enforcement agencies with purpose of incitement of hostility and humiliation of their dignity”.

Zlatoust city court of the Chelyabinsk region fined 10 thousand rubles by Mikhail Gorin for inciting hatred towards a social group "Law Enforcement". The reason was that in 2018 Gorin posted in a group called "Cop lawlessness" on VKontakte a post with comment. In the post, he spoke rudely about the police officers and their friends, who publish materials in the group "Emergency accident Zlatoust Chelyabinsk", as well as administrators of this group, artificially creating a positive image police officers to justify their illegal activities. IN comments Gorin expressed support for the administrator of the Mentovskaya chaos” and called not only to dismiss “such creatures in uniform” from the internal affairs bodies, but also burn them alive at the stake, as they burned witches during the Inquisition. With our point of view, many arguments from the decision of the European Human Rights Court in the case of Savva Terentyev, convicted under Part 1 of Art. 282 Criminal Code for a call to burn “unfaithful cops” on the square and achieved in the ECHR recognition of his sentence as contrary to the Convention on Human Rights [18] .

In view of the partial decriminalization of Art. 282 its counterpart in to some extent becomes and art. 280 of the Criminal Code on calls for extremist activities, since this concept includes incitement to hatred and violation of rights on the basis of social, racial, national, religious, linguistic affiliation or attitude to religion.

We doubt the validity of the accusation of incitement to extremist activities (Article 280 of the Criminal Code), presented in 2019 to a Bashkir activist Airat Dilmukhametov for his aggressive remarks about Chechens. Law enforcement agencies considered a direct call for reprisals to the phrase uttered by Dilmukhametov in September 2018 in the administration building of the city of Baimak in course of the conflict between local residents and the authorities, which followed the mass a fight with workers from Chechnya in the village of Temyasovo. From our point of view, if consider Dilmukhametov's statement as a whole, it is clear that it was not a call for violence, but an emotional reaction to the conflict - indignation what happened and the satisfaction that no people died.

Persecution for extremist symbols

While the State Duma was considering amendments to legislation on the display of prohibited symbols, law enforcement authorities continued to actively apply Art. 20.3 of the Code of Administrative Offenses in its current version - with previous costs.

According to the statistics of the Judicial Department of the Supreme Court, only in the first half of 2019 to liability under Art. 20.3 of the Code of Administrative Offenses, 1388 persons were punished [19] , while time, as for the whole of 2018 - 1652 times [20] , i.e. we are talking about a sharp increase in prosecutions under this article, despite its recognized shortcomings that forced the authorities to start reforming it. Only in some of these cases we know the details of administrative cases and can judge their legitimacy. During the year, we noted 31 episodes of attracting responsibility for the public display of Nazi symbols or symbols banned organizations that are not aimed at dangerous propaganda (in 2018 - 29). In all cases, it was about individuals, including opposition activists, representatives of small businesses, ordinary users of social networks. By to our knowledge, in 26 cases a fine was imposed, in 3 - administrative arrest; 5 out of 31 cases were dropped.

In June, the Omsk Regional Court overturned the decision of the Pervomaisky District court of Omsk, in April fined a thousand rubles under Part 1 of Art. 20.3 Administrative Code designer Ilya Frishman, and terminated the proceedings. Frishman was fined for posting videos with Nazi symbols on VKontakte – an excerpt from the program of the First Channel "Big Difference", which parodied the film "Seventeen Moments of Spring", and three humorous videos based on popular fragment from the film "Bunker". Frishman stated that he did not intend to propagate the Nazi ideology that he is a Jew by nationality and an Israeli citizen, and his ancestors died at the hands of the Nazis, but the district court did not accepted these arguments. Frishman was defended by the District Attorney, who demanded dismiss the case due to the lack of corpus delicti. The representatives The Ministry of Internal Affairs opposed the abolition of the fine, pointing out that taken out of context and remade fragments of the film "Bunker" do not condemn fascism, but, on the contrary, present it as "something funny, merry", and a demonstration of the Nazi paraphernalia in such videos not only does not cause rejection among young people, but and forms a fashion for it. The regional court decided to cancel the fine, based on the results of the examination.

But it is not always possible to achieve an end to absurd persecution. So in September in Volgograd they were fined a thousand rubles under Part 1 of Art. 20.3 of the Code of Administrative Offenses to Elena Kurkina, head of the circus box office. The reason was that she published on the social network a photo taken as a keepsake with actors in the form of the Third Reich, who played in a play about the Great Patriotic War.

In December, Yuri Vladykin from Glazov (Udmurtia) was fined 1,000 rubles for the fact that four years earlier I put it on an open shelf in a window closet of the shoe shop where he works, a collection of antiques, and among other things, an envelope with a picture of Hitler and a swastika. In court Vladykin explained that "I allowed the offense to be committed through ignorance and misunderstanding." However, the court indicated that “the plot of Part 1 of Art. 20.3 of the Code of Administrative Offenses of the Russian Federation in order to attract to administrative responsibility does not provide for mandatory sign of the presence of intent of the person in respect of whom the proceedings are being conducted about an administrative offense, since guilt can be expressed in reckless actions."

In November, an anecdotal incident occurred in the village of Upravlenchesky (Samara). In the time of the grand opening of the reconstructed memorial complex participants of the Great Patriotic War, it turned out that from the monument, built in 1975, the image of the swastika, split by a blade, has disappeared. IN district administration said that they did not begin to re-install the swastika in due to the fact that its use is prohibited by Art. 6 "On the perpetuation of the Victory Soviet people in the Great Patriotic War of 1941-1945, and demonstration is punishable under Art. 20.3 of the Code of Administrative Offenses.

The practice of punishing the use of Nazi symbols as visual medium in Internet posts critical of the Russian authorities (see higher).

The fight against "offenders to the feelings of believers"

As in the previous year, most of the proceedings in connection with insulting the feelings of believers in 2019 concerned the spread of atheistic images on social media. Recall that we do not see any need for persecution for the publication of such materials, even rude ones, if they are not contain aggressive appeals against believers. We believe that for society, such publications do not pose any danger and sanctions for their distribution can be regarded as an unreasonable interference with the freedom expression of opinion regarding religion. Moreover, we are convinced that the concept “insulting the feelings of believers”, introduced into Art. 148 of the Criminal Code, does not have any clear legal meaning and should be excluded from legislation.

In September, the Magistrate's Court of District No. 8 of the Kirovsky District of Irkutsk ruled in the case of anarchist Dmitry Litvin, accused under Part 1 of Art. 148 of the Criminal Code. The court recognized Litvin guilty of insulting the feelings of believers and appointed him 100 hours compulsory works, however, Litvin was released from punishment, as well as from procedural costs in connection with the expiration of the limitation period for proceedings case. The court found signs of insulting the feelings of believers in only one of the four anti-Christian memes that incriminated Lytvyn - image indecent gesture against the background of the temple, but in relation to other images did not see "violations of established rules and regulations." Lytvyn said he intends to appeal the court's decision.

In January 2019, the criminal cases of three Barnaul residents, Maria Motuznaya, Andrey Shasherin and Daniil Markin - which served as a pretext for the scandal around the application of Art. 282 of the Criminal Code in the summer of 2018. The first two were charged immediately under Part. 1 st. 148 and part 1 of Art. 282 in publishing atheistic and xenophobic images, and Markin was charged with humiliating Christians for publishing anti-Christian memes was presented only under Part 1 of Art. 282. In our view, the charges against Markin were nominated without any reason; Motuznaya and Shasherin published, among other things, xenophobic images, but their posts did not give enough reason for persecution. The criminal cases were dropped due to decriminalization Art. 282, but law enforcement did not consider it necessary continue the persecution of Motuznaya and Shasherin and under Art. 148.

New cases under Part 1 of Art. 148 were initiated against three people - in Kirov, Voronezh and Ingushetia. Names the accused are unknown; in all three cases the reason for bringing to responsibility was the publication of atheistic images on the network.

We consider it unlawful to be prosecuted for posting anti-religious memes and according to part 2 of Art. 5.26 of the Code of Administrative Offenses (intentional public desecration of a religious paraphernalia). From our point of view, posting crude atheistic pictures and texts in itself should not be interpreted as desecration objects of religious veneration, since the publication of photo collages is generally not involves no active actions with these items. In addition, the concept "defilement" is not defined in any way in the legislation. In 2019 we noted three cases of liability under this article, one of these cases were terminated.

In February, the Justice of the Peace fined 15,000 rubles under Part 2 of Art. 5.26 Administrative Code Severodvinsk opposition activist Anatoly Kazikhanov. He was charged with guilty of about 30 publications of atheistic content on the social network VKontakte, including including photographs of men in priestly vestments with the caption “Healthy men, but they feed on grannies pensions"; photo of a school office with icons on the desks and the inscription “On September 1, all schoolchildren of the Russian Federation will receive from country leaders the latest tablets from Skolkovo”; images of the patriarch Cyril with the threat "I'm calling you by IP I'll figure it out!"; meme, in which a photo of the icon is accompanied by a caption about "dirty glass".

At the end of May, in relation to a resident of Novocheboksarsk, Ilnur Kamaldinov, a protocol was drawn up under Part 2 of Art. 5.26 of the Code of Administrative Offenses. The reason was memes posted on his page on the social network "VKontakte" - photos of the patriarch Cyril with the signature "You won't put thanks in the church" and the procession with the signature "A psychiatric hospital on the run, but under the supervision of orderlies."

In December, the police stopped the persecution under Part 2 of Art. 5.26 Administrative Code of the correspondent of the Arkhangelsk publication 29.ru Yaroslav Varenik. In 2016 he added to his page on VKontakte a video for the song "Yekteniya 1" by the Polish black metal band "Batushka". The clip contained footage Orthodox worship, distorted by various effects, overlaid with a video editor. However, Varenyk himself did not desecrate the items. cult; in our opinion, there was no even the very fact of desecration: objects of worship in were not really affected. This was also noted by experts from the Northern (Arctic) Federal University named after M.V. Lomonosov, employees of the Department of Cultural and Religious Studies, made a decision in the case. “Defilement involves deliberate action, in this case it is difficult to establish the intention of the authors, since speech is about a video clip, i.e. about a product of creative activity that implies a breadth of interpretation of the images created in the clip”, – experts explained.

Religious groups

"Hizb ut-Tahrir"

For involvement in banned organizations in 2019, according to our reported, there were at least 26 wrongful convictions against 92 people (a year earlier - also 26, but against 77 people). In all cases speech was about religious organizations. Fourteen sentences were passed under Art. 205 ⁵ CC (organization of the activities of a terrorist organization or participation in such) and related to participation in the Islamic religious party "Hizb ut-Tahrir", which is banned in Russia as a terrorist, although information about it there is no involvement in terrorist activities [21] . TO long terms of imprisonment - from 7 to 22 years in a colony strict regime - with various additional restrictions (below we do not cite) 52 people were sentenced in Tatarstan, Bashkortostan and Crimea, and also in Moscow, Novosibirsk, Chelyabinsk and Samara (15 sentences against 49 people).

• In January, the Volga (now together with the Ural court merged into the Central) district military court recognized Ainaz Yanyshev from Bashkortostan, a defendant in the so-called. "Sibai case" "Hizb ut-Tahrir", guilty of Part 2 Art. 205 ⁵ in participation in the activities of the party sentenced him to seven years of imprisonment.

• In February, the same court passed a sentence under Part 2 of Art. 205 ⁵ 12 residents of Bashkortostan - Batyr Mukhametov, Bulat Rakhmanov, Mikhail Toptygin, Ruslan Zainullin, Ural Abdrakhimov, Ruslan Rakhmatullin, Timur Gadiev, Radik Valiakhmetov, Yaroslav Timofeev, Vadim Davletbaev, Artyom Naumov and Ural Galiyev - and sentenced them to terms of 11 to 16 years deprivation of liberty. In October, the Supreme Court of the Russian Federation, considering the case on appeal, increased the terms of Mukhametov and Rakhmanov to 16.5 years and 16 years and 3 months respectively.

• In February, Moscow (now 2nd Western) the district military court sentenced nine defendants to terms ranging from 11 to 16 years deprivation of liberty. For the organization of the activities of the Moscow cell of the party were convicted under Part 1 of Art. 205 ⁵ Zafar and Farkhod Nodirovs and Hamid Igamberdiev; guilty of participating in its activities under Part 2 of Art. 205 ⁵ were recognized Sardorbek Siddikov, Otabek Isomadinov, Aziz Khidirbaev, Sobirjon Burkhoniddini, Olidjon Odinaev and Murodjon Sattorov.

• In March, the Volga District Military Court ruled the verdict on two other defendants in the Sibai case. Ainur Sagadeev got 17 years of imprisonment for hours. 1 Article. 205 ⁵ , and Shavkat Alsynbaev - 12 years old Part 2 Art. 205 ⁵ .

• The same court in March Central District Military The court also passed a sentence on five Tatarstan residents. Ruslan received the longest terms Sungatov and Rustem Yamaliev, who were immediately accused under Part 1 of Art. 205 ⁵ , Part 1 Article 205 ¹ Criminal Code (declining to terrorist activities) and part 4 Art. 150 of the Criminal Code (involvement of a minor in the commission of a serious crime), – 22 years and 20 years in prison, respectively. Ilnar Zinnatov received 19 years of imprisonment for hours. 1 Article. 205 ⁵ and part 1 of Art. 205 ¹ , Marat Tulyakov - 18 years under Part 1 of Art. 205 ⁵ , Irek Nasirov - 14 years under Part 2 of Art. 205 ⁵ .

• In April, the Volga Court sentenced five Tatarstans from Almetyevsk. Irek Mukhametov was sentenced to 18 years in prison freedom under Part 1 of Art. 205 ⁵ and part 1 of Art. 205 ¹ , Anas Gimazetdinov - by the age of 18 under Part 1 of Art. 205 ⁵ (in September, the RF Armed Forces reduced his term to 17 years and nine months), Azat Zagiev - to 13 years under Part 2 of Art. 205 ⁵ And Part 1 Art. 205 ¹ , Rinat Khannanov and Emil Shangareev - also 13 years old deprivation of liberty 2 Art. 205 ⁵ .

• In June Far East (now 1st Vostochny) the district military court found Kabul Usenbaev from Novosibirsk guilty under Part 2 Art. 205 ⁵ and sentenced him to 13 years in prison.

• In June, the North Caucasian (now Southern) District a military court passed a sentence on five Crimean Tatars from Simferopol. The court recognized Teymur Abdullayev guilty under Part 1 of Art. 205 ⁵ and sentenced him to 17 years of imprisonment. The other defendants are Rustem Ismailov, Uzeyir Abdullayev, Aider Saledinov and Emil Dzhemadenov - received from 12 to 14 years in prison according to part 2 of Art. 205 ⁵ . In December, the Supreme Court of the Russian Federation, considering the appeal in the case, reduced the sentence for each of the convicts by six months.

• In August, the Volga District Military Court sentenced Almaz Usmanov from Ufa to 11 years in prison under Part 2 of Art. 205 ⁵ .

• In August, the same court sentenced Renat Galimov from Kazan at once in two parts of art. 205 ⁵ to 14 years in prison.

• In November, the Central District Military Court (from 1 October, this name is given to the court, in which the Volga and Ural district military courts) pronounced a verdict on Chelyabinsk citizen Amir Gilyazov, recognizing him guilty under Part 2 of Art. 205 ⁵ , Part 1.1 Article 205 ¹ and part 2 of Art. 205 ² . He was sentenced to 11 years in prison with a ban on activities, related to the administration of sites and channels on the Internet for a period of three years, but released from serving a sentence in a colony for health reasons: Gilyazov - disabled of group I, he moves in a wheelchair due to Duchenne muscular dystrophy and needs constant help.

• IN November South (from October 1 this name is the former North Caucasian) the district military court delivered a verdict in the "Yalta case" of six Crimean Tatars. Muslim Aliyev and Inver Bekirov were found guilty under Part 1 of Art. 205 ⁵ and Art. 278 of the Criminal Code with the application of Part 1 of Art. 30 of the Criminal Code (preparation for a violent seizure of power) and sentenced to 19 and 18 years deprivation of liberty. The rest of the defendants are Emir-Usein Kuku, Vadim Siruk, Refat Alimov and Arsen Dzhepparov - received terms from seven to 12 years in prison under Part 2 Art. 205 ⁵ and Art. 278 with the application of Part 1 of Art. 30 UK.

• IN In December, the same court found Enver Seitosmanov from Sevastopol guilty according to part 1 of Art. 205 ⁵ and sentenced him to 17 years in prison.

• In December, the Central District Military Court ruled sentence for two Hizb ut-Tahrir supporters from Kazan: Zafar Yakubov received 17 years of imprisonment for hours. 1 Article. 205 ⁵ , Danil Bagautdinov - 11 years old Part 2 Art. 205 ⁵ .

Arrests of alleged Hizb ut-Tahrir supporters continued in 2019 in different regions of Russia.

Thus, throughout the year, law enforcement agencies of Crimea several times carried out arrests among the Crimean Tatars on charges of involvement in party activities.

In February on tch. 1 and 2 Art. 205 ⁵ three residents of the village were arrested Oktyabrskoye, Krasnogvardeisky district of the republic. In March, after a series of searches in Simferopol, Belogorsk and Krasnogvardeysk regions of Crimea were arrested immediately 20 people; all of them, except for one, were then taken out of the peninsula and distributed among pre-trial detention centers of the Rostov region. In June, after searches in Alushta, Belogorsk and Simferopol district on the same charges under arrest were sent eight more people.

In July in Moscow rally in support of the Muslims of Crimea, timed to coincide with the day of the revision of the verdict on the Bakhchisaray case "Hizb ut-Tahrir" by the Supreme Court of the Russian Federation.

July 10 and 11 were detained and then prosecuted under Part 5 of Art. 20.2 Code of Administrative Offenses (violation of the rules of the event by the participant) in total about 50 people, the main Thus, members of the Crimean Solidarity movement, who came to Red Square with posters “The fight against terrorism in Crimea is the fight against dissent”, “Stop repressions on ethnic and religious grounds in Crimea”, “Our children are not terrorists, etc.

In November, in Moscow, Tatarstan and the Tyumen region, they were arrested on CC. 1 and 2 tbsp. 205 ⁵ a total of ten people, among them, as claimed the FSB of Russia, two "leaders" and seven "participants" of the party (apparently, it was meant that two of them are charged under part 1, and seven - under part 2 Art. 205 ² ), which allegedly “formed in the regions of Russia, network closed terrorist structures, solved the tasks of financial support for illegal activities, distributed among residents terrorist ideology and recruited local Muslims into their ranks.” IN late November - early December, two people were detained and arrested in Chelyabinsk and the Chelyabinsk region and seven more in Moscow. About them law enforcement authorities also reported as "two ringleaders and seven active members" of the party. IN Tatarstan in December under Part 1 of Art. 205 ⁵ a resident was placed under arrest Aznakaev.

Thus, for a year, according to our information, on criminal charges in connection with alleged involvement in Hizb ut-Tahrir arrested at least 51 Human.

In addition, we consider unlawful the verdict on public calls to terrorism (Part 1 of Article 205 ² Criminal Code) issued to Mirzobarot Mirzosharipov from St. Petersburg, who was serving a term in one of the colonies of the Kemerovo region for participation in in Hizb ut-Tahrir. 1st Eastern (formerly Far Eastern) District Military Court added three years to his unserved term of imprisonment for the fact that Mirzosharipov allegedly justified the activities of the party in conversations with several other prisoners. From our point of view, those charged with Mirzosharipov words that Hizb ut-Tahrir is not a terrorist organization and reasoning about the plans of the party should not be interpreted as propaganda terrorist activities. Attention is also drawn to the fact that Mirzosharipov was accused of public propaganda on the basis of conversations that he led in a company of no more than three people, that is, in a narrow circle.

We also doubt the legitimacy of the decision of the Southern District Military Court, who in October sentenced to two and a half years in a colony-settlement Crimean Solidarity activist Nariman Memedeminov, having found him guilty of public calls for terrorism (part 1 of article 205 ² UK) in fact publication on the Internet of five videos related to the activities of Hizb ut-Tahrir". We managed to get acquainted with three of the five of these videos, and in none of them of these, neither calls for terrorism nor its justification were found.

The degree of legitimacy of the charges under Art. 205 ² presented to Amir Gilyazov, whose sentence we wrote above, we cannot evaluate, since did not have the opportunity to familiarize themselves with the statements incriminated to him in social networks.

Mention should also be made of the accusation brought in April under Art. 205 ² Bashkir nationalist Airat Dilmukhametov in connection with the publication of a video in which he spoke about the unjustified persecution of Hizb ut-Tahrir supporters under terrorist articles; Dilmukhametov was sent under arrest back in March on another charge, see above for more details.

Twelve sentences against 40 people were handed down in 2019 for involvement in extremist organizations. A year earlier, such sentences were 10 were issued in relation to 27 people, i.e. we can talk about the obvious an increase in the number of convictions.

Tablighi Jamaat

Three sentences under Art. 282 ² UK (organization of activities extremist organization or participation in such) concerned 17 followers peaceful movement of Islamic preachers "Tablighi Jamaat", which in Russia recognized as extremist (in 2018, there were five sentences of 22 followers of the movement).

-  In January, the Supreme Court of the Republic of Crimea ruled verdict on four followers of Tablighi Jamaat: Renat Suleymanov was recognized guilty of organizing the activities of an extremist organization under Part 1 of Art. 282 ² and sentenced to four years' imprisonment in a penal colony. Talat Abdurakhmanov, Seyran Mustafayev and Arsen Kubedinov, convicted under Part 2 of Art. 282 ² (participation in the activities of an extremist organization), received two and a half years conditionally.

• In March, the Central District Court of Orenburg Ten followers of Tablighi Jamaat were convicted. Alexandra Shudobaeva court sentenced to six and a half years in a strict regime colony under Part 1 of Art. 282 ² , the remaining defendants received from two to two and a half years in a general colony regime under Part 2 of Art. 282 ² . In May, the regional court toughened the sentence, assigning additional restrictions to all defendants.

• In September, a verdict was passed in Tatarstan three residents of the republic, who were accused of continuing the activities of Tablighi Jamaat. The Tatarstan citizen, whom the court recognized as the leader of the cell, was sentenced under Part 1 of Art. 282 ² to six years in a general regime colony, and two of his acquaintances to two years in a colony according to part 2 of Art. 282 ² . Presumably, we are talking about Tagir Salimov, Marat Nazmiev and Fanisa Usmanov.

We are aware of one new case filed in connection with the activities Tablighi Jamaat in 2019: Arrested in Saratov Region in January five people were accused of “exchanging extremist literature, flying to Jordan, Qatar and Kuwait, where they were trained in religious centers”, and organized "bayan" (meeting for the purpose of preaching), trying to create a local cell of the movement.

"Fayzrakhmanists"

In June, Tatarstan sentenced members of a banned Muslim group known as the Faizrahmanist community for continuing her activities. Five people - Gumar Ganiev, Talgat Gizatullin Rustam Galiev, Glimyan Khazetdinov, Mudaris Ibragimov - were convicted under Art. 282 ² And Art. 282 ³ and received from five to seven years in prison in a colony general mode. Recall that the Faizrahmanist community, founded by the former deputy Mufti of Tatarstan Fayzrakhman Sattarov, whose successor in 2015 was Gumar Ganiev, was banned in 2013 after an audit showed that its members lead an isolated lifestyle, they are forbidden to contact medical institutions and send children to schools. We believe that since the community did not show aggression towards the outside world, the grounds for its ban were precisely as extremist, followed by the persecution of its members according to the relevant articles were not.

Followers of Said Nursi

Unlike previous years, in 2019 no sentence against the followers of the Turkish theologian Said Nursi (a year earlier there were at least five of them in relation to five Muslims); moreover, two previously initiated criminal cases were closed.

Recall that despite the fact that Nursi's books are peaceful in nature, Russian Law enforcement agencies persecute Muslims who have them. Their are accused of membership in a certain unified organization "Nurcular", which was banned in Russia as extremist, although even the very fact of its existence is not proven.

In February, the Sharypovsky City Court of the Krasnoyarsk Territory returned to the prosecutor criminal case of Yevgeny Sukharev on participation in Nurcular (Part 2 of Article 282 ² ), because the indictment was drawn up in violation of the requirements Criminal Procedure Code, and in December it became known that the Main Investigation Department of the Investigative Committee for Krasnoyarsk Territory dismissed the case due to the lack of corpus delicti.

In May, Krasnoyarsk citizen Denis Zhukov was charged again under Part 2 of Art. 282 ² . He was accused of participating in meetings of the Krasnoyarsk cell "Nurcular" in August 2018, but then the prosecutor returned the indictment conclusion of the investigation. However, the case did not reach the court, and in December 2019, according to our information, the deadline for bringing Zhukov to criminal responsibility.

In April, the Zheleznodorozhny District Court of Khabarovsk against a man released from the colony of Nursi's follower Yevgeny Kim, previously convicted under Part 1 of Art. 282 ² and part 1 of Art. 282, sanctions were imposed in the form of a fine and expulsion from Russia in accordance with Part 1.1 of Art. 18.8 of the Code of Administrative Offenses (violation by a stateless person regime of stay, expressed in the absence of documents confirming the right stay) This decision was approved by the regional court. While Kim was in conclusion, the internal affairs bodies invalidated the adopted in 2005 year the decision to grant him citizenship of the Russian Federation due to the fact that, having received citizenship, he was later convicted for organizing the activities of an organization recognized as extremist (although to declare their unreliable sympathies when citizenship, he could not, because the organization "Nurcular" was banned only four years later). Thus, Kim turned out to be a face without citizenship and had to be expelled to Uzbekistan (at the place of birth), however there they did not recognize him as their citizen and refused to accept him. At the moment publication of the report, Kim, according to our information, remained at the Center for Temporary detention of foreign citizens of the Ministry of Internal Affairs of Russia in the Khabarovsk Territory.

Jehovah witnesses

The scope of the persecution of Jehovah's Witnesses, Russian organizations which in the amount of 395 local communities, together with the Administrative Center Jehovah's Witnesses in Russia were banned in 2017 as extremist, in 2019 reached unprecedented proportions.

According to the followers of the teachings themselves, as of December 31, 2019, the total number of searches of believers since the total ban came into force on the activities of their communities in 2017 amounted to 778, of which in 2019 there were carried out 489.

Number of Jehovah's Witnesses subjected to criminal prosecution during 2019 prosecuted for continuing to operate and funding their banned organizations (art. 282 ² and 282 ³ ), amounted to 213 people, and in total, since 2017, 135 criminal cases have been initiated against 313 believers in 52 regions of the country.

Since May 2017, at least 149 believers have been in the pre-trial detention center, 22 of them are women; more than half of the total - 84 people - were in custody during 2019. At the same time, during the year the number of accused in pre-trial detention at the same time, changed: on the one hand, more and more new arrests were made, on the other another - the courts changed the measure of restraint for some arrested persons to a milder one (house arrest, prohibition of certain actions, undertaking not to leave). During years, this number fluctuated between two and four dozen people.

On at least two occasions, Jehovah's Witnesses have claimed to have been subjected to torture subjected after arrest. Among them are seven defendants in the case of the community Jehovah's Witnesses in Surgut (KhMAO-Yugra), who complained of beatings and torture electric shock, - in initiating a criminal case on the fact of torture, it was denied, despite documentary evidence and expertise, confirming that torture had taken place. Roman Makhnev from Kaluga stated that according to detention for several hours was handcuffed to a pipe in the building of the regional FSB department and did not receive food for three days. Besides, believers in different regions have repeatedly reported unjustified use of him force during the arrest.

During 2019, eight convictions were handed down against 18 Jehovah's Witnesses (none a year earlier, hence the overall increase in the number sentences under Art. 282 ² compared to 2018), nine believers received real terms of imprisonment, and three - for six years.

• An exponentially harsh sentence was handed down in February by the Orel Railway Court to Danish citizen Dennis Christensen, who received six years in a general regime colony under Part 1 of Art. 282 ² behind leadership of a banned local community; in May this verdict was confirmed Orel Regional Court. Thus a dangerous precedent was set for which other Russian courts can navigate when passing sentences Jehovah's Witnesses.

• However, Oryol resident Sergei Skrynnikov was sentenced for continuing the activities of the same Oryol community by the same court to a fine of 350 thousand rubles; The verdict was upheld by the Regional Court in May. Such a difference in the punishments assigned to Christensen and Skrynnikov is explained, perhaps, not only by the fact that Skrynnikov was convicted under Part 2 of Art. 282 ² , but also by the fact that the goal of the court was to roughly punish a foreign citizen for preaching a "non-traditional" religion for Russia.

• In July Ordzhonikidzevsky District Court of Perm found Alexander Solovyov guilty under Part 2 of Art. 282 ² and appointed him a fine of 300 thousand rubles.

• In September, the Zheleznodorozhny District Court Khabarovsk sentenced Valery Moskalenko to two years and two months forced labor with additional punishment of six months restrictions on freedom under Part 2 of Art. 282 ² ; in November Khabarovsk Territory the court replaced Moskalenko with forced labor with a fine of 500 thousand rubles; however, he was released from both punishments due to the fact that more spent years in jail.

• In September, the Leninsky District Court of Saratov found six Jehovah's Witnesses guilty under Part 1 of Art. 282 ² V continuation of the activities of the local community and sentenced Konstantin Bazhenov, Alexey Budenchuk, Felix Makhammadiev, Roman Gridasov, Gennady German and Aleksey Miretsky to imprisonment for a term of two to three and a half years general regime colonies with a ban on holding leadership positions in public organizations for a period of five years and restraint of liberty for one year. December The verdict was upheld by the regional court.

• In November, the Oktyabrsky District Court of Tomsk sentenced to six years in prison with a year of restriction of freedom and a ban engage in educational activities and publish materials on the Internet in for five years, Sergei Klimov, having found him guilty of organizing meetings prohibited community under Part 1 of Art. 282 ² .

• In November Ordzhonikidzevsky District Court of Perm sentenced Aleksey Metzger, previously an accomplice of the above-mentioned Alexander Solovyov, to a fine of 350 thousand rubles under Part 2 of Art. 282 ² .

• In December, the Leninsky District Court of Penza ruled verdict on six Jehovah's Witnesses from Penza. Vladimir Alushkin received part 1 of Art. 282 ² six years' imprisonment in a penal colony with deprivation the right to engage in activities related to leadership and participation in the work public religious organizations, for a period of two years and restriction of freedom for a year. Defendants under Part 2 of Art. 282 ² Andrey Magliv, Vladimir Kulyasov, Denis Timoshin, Tatyana Alushkina and Galiya Olkhova were sentenced to two years suspended sentence with a probationary period of three years and additional punishment in the form of restriction of liberty for eight months.

On the other hand, an important precedent was also set by the September decision Sverdlovsk District Court of Kostroma. The court returned the case of the spouses to the prosecutor's office Valeria and Sergei Raimanov (born 1993 and 1996), who were charged under Parts 1 and 2 of Art. 282 ² because he considered the indictment insufficient substantiated and containing "vague wording" and did not find any arguments in it, substantiating the intent to commit a crime, which must be given in accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 "On the judicial practice in criminal cases on crimes of an extremist orientation” from June 28, 2011. The Court also noted that the religion of Jehovah's Witnesses itself is not was banned by the decision of the Supreme Court, so the Ryman family only exercised its legal right to “self-send religious cults. In November, the Kostroma Regional Court approved the decision to return of the Rayman case to the prosecutor's office. This decision was followed by a string other court orders to return cases of Jehovah's Witnesses to prosecutors in connection with violations of the Code of Criminal Procedure in the preparation of indictments. There were at least six, along with the decision on the Rayman case. However, it should be noted that none of the cases was closed, moreover, in three cases the higher court returned the case to the first instance for consideration on the merits.

• In November, the Leninsky District Court of Vladivostok satisfied the motion of the defense and returned the case to the prosecutor's office under Art. 282 ² in relation to Valentin Osadchuk and six elderly women: Nadezhda Anoikina, Lyubov Galaktionova, Elena Zayshchuk, Naila Kogai, Nina Purge and Raisa Usanova.

• Elizovsky District Court of the Kamchatka Territory November returned to the prosecutor the case of Konstantin and Snezhana Bazhenov, as well as Vera Zolotova, accused under Part 1 of Art. 282 ² . However, the Kamchatka Territorial the court did not agree with this decision and in January 2020 returned the case to Yelizovsky district court for a hearing on the merits.

• In November, the Lensky District Court of the Republic of Sakha (Yakutia) returned to the prosecutor the case of Igor Ivashin, accused under Part 1 of Art. 282 ² . But in January 2020, the Republican Supreme Court canceled the decision to return the case to prosecutor's office and sent it to the Lensky District Court for consideration on the merits.

• In November, the Naberezhnye Chelny City Court Tatarstan returned the case to the prosecutor under CC. 1, 1.1 and 2 Art. 282 ² V regarding Ilham Karimov, Vladimir Myakushin, Konstantin Matrashova and Aidar Yulmetiev. In February 2020, the Supreme Court of Tatarstan confirmed this decision.

• In December Petropavlovsk-Kamchatsky City Court of the Kamchatka Territory returned the criminal case of Sergei Ledenev to the prosecutor's office, accused under Part. 1 Article. 282 ² , however, in February 2020 Kamchatsky The regional court overturned this decision.

We are aware of the termination of the criminal prosecution of three Jehovah's Witnesses, although it is likely that there were more such cases. December in Arkhangelsk the Investigative Committee, due to the lack of corpus delicti, stopped criminal prosecution of a 78-year-old follower of the teachings of Kaleriya Mamykina. IN November in Volgograd, also due to the lack of corpus delicti, the case under Part 2 of Art. 282 ² in relation to elderly believers Olga Medvedeva and Valentina Makhmadagaeva.

administrative sanctions for

dissemination of religious literature

As in the previous year, in 2019 we became aware of only a few cases of bringing Jehovah's Witnesses to administrative responsibility under Art. 20.29 of the Code of Administrative Offenses for the distribution of prohibited literature (probably in in reality there were more): two believers in Kabardino-Balkaria were fined and Karachay-Cherkessia, in the Nizhny Novgorod region one person received seven days arrest.

The number of known to us cases of prosecution for the dissemination of Islamic religious literature, banned, in our opinion, without proper reason, more: 11 people in different regions of Russia were fined under Art. 20.29 of the Code of Administrative Offenses, basically it was about peaceful materials recognized as extremist, which had repeatedly became the reason for administrative prosecution: a collection prayers "Fortress of the Muslim", the film "Miracles of the Koran", the brochure "Woman in Islam and in the Judeo-Christian world" and others.

In addition, one a person was sent under arrest for three days in Abakan for distribution in the city Zhuan Falun Park, a forbidden treatise by the founder of the Falun Gong movement, Li Hongzhi, which was recognized as extremist only on the grounds that it allegedly promoting the superiority of Falun Gong adherents over others people.

It should be borne in mind that we know only a small part of the decisions made under Art. 20.29 Administrative Code in 2019 year, in the first half of the year alone, the courts imposed sanctions on it 865 times.

Sanctions against libraries

Prosecutors continued to sanction libraries in 2019, due to contradictions between the law "On librarianship", prescribing not to restrict readers' access to funds, and anti-extremist legislation requiring the exclusion of the mass distribution of prohibited materials.

Prosecutors present a variety of claims to libraries, starting with the fact the presence in the funds of prohibited materials (usually books), although legal grounds to remove those, libraries do not have, and ending with the content of library statutes that do not stipulate a ban on the dissemination of extremist materials [22] .

Most often, however, we are talking about prosecutorial protests against library statutes and representations on the elimination of violations of the legislation on countering extremist activities, as a result of which libraries check the literature against the Federal List of Extremist Materials and take disciplinary action against responsible employees. According to our according to [23] , in 2019 year, at least 63 such sanctions were imposed on the management of libraries, including school (in 2018 - at least 170). Despite a small increase in 2018 year, in general, the data of recent years indicate a decrease in the number of such sanctions. It can be assumed that now librarians are mainly take into account the peculiarities of existing legislation and show increased vigilance, allowing to safely overcome prosecutor's checks.

Internet and anti-extremism

In 2019, the Russian authorities continued to use the created formerly network content blocking tools. Still calling us doubts as the validity of the criteria chosen by the authorities for selecting materials for blocking, as well as the quality of the mechanisms of this blocking, the scope of which is growing year to year.

The practice of blocking

The Unified Register of Banned Websites, created in 2012, continues replenished mainly at the expense of online casinos, resources that contain pornographic information or related images, propaganda drugs and psychotropic substances, information about the online sale of alcohol, and information that encourages children to take actions that could harm their health, including calls for suicide. In addition, to the register by decision court, resources with information recognized as prohibited for distribution are included in Russia, including with materials recognized as extremist (or similar to those). According to Roskomnadzor, the total number of resources registered in the first three quarters of 2019 amounted to 208,966, including web mirrors (in the same period of 2018 - 161,171 resources), of these, 98,030 resources were included in the registry on based on court decisions [24] . Presumably, resources with extremist materials account for only a small part of them; This is evidenced by the data collected for 2019. project "Roskomsvoboda" [25] .

Separately follows mention sites and pages that are subject to blocking under Lugovoy’s law, which replenish a special registry on the Roskomnadzor website, created in addition to Unified Register of Prohibited Materials. Recall that information “distributed in violation of the law”, i.e. “containing calls for riots, extremist activities, participation in mass (public) events held in violation of established procedure, unreliable socially significant information, disseminated under the guise of credible messages, which poses a threat causing harm to the life and (or) health of citizens, property, the threat of mass violation of public order and (or) public safety or a threat interfering with the functioning or stopping the functioning of objects life support, transport or social infrastructure, credit organizations, energy facilities, industry or communications, information materials of a foreign or international non-governmental organization, whose activities are recognized as undesirable on the territory of the Russian Federation” and "information enabling access to the specified information or materials”, are blocked in extrajudicial order, at the request of the Prosecutor General's Office to Roskomnadzor.

According to Roskomnadzor, for the first three quarters of 2019, he received from the Prosecutor General's Office 95 requirements relating to 369 resources [26] . It is reported that 11 of these requirements related to false information, which began to be blocked extrajudicially in as a result of the adoption of the Klishas law (see above); was blocked as a result. 85 URLs. Roskomnadzor, together with the Union of Journalists of Russia, is conducting list of resources mentioned twice or more in the requirements Prosecutor General's Office to remove false information from access. As of at the end of February 2020, it contained 27 resources. Basically, these are groups for example, "Lentach" and "MDK", urban communities, etc.) and pages of individual users on VKontakte, media user forums, YouTube channels, etc. [27]

Information that is indecent form offends human dignity and public morals or expresses a clear disrespect for society, the state, official state symbols of the Russian Federation, the Constitution of the Russian Federation or bodies exercising state power in the Russian Federation, is blocked in accordance with the Klishas law also on demand Prosecutor General's Office, but in a slightly different order, so the requirements for her blocking Roskomnadzor calculated separately. As of the end in the third quarter of 2019, the department received 44 requests from the Prosecutor General's Office on the blocking of information for disrespect for the authorities and society, on the basis of which 85 URLs were included in the Unified Register.

Besides, Roskomnadzor reports 97,040 web mirrors with extremist materials identified them for the first three quarters of 2019 based on previous court decisions and requests from the Prosecutor General's Office [28] .

We believe illegal blocking both judicially and extrajudicially opposition-oriented materials and websites that do not incite to violent overthrow of the regime, in particular, containing announcements of peaceful actions; materials and websites of organizations recognized as "undesirable"; materials regionalists and peaceful separatists; historical materials not sent to incite hatred; Ukrainian information and analytical materials, not containing calls for violence, and sites of Ukrainian media; wrongfully religious and anti-religious materials recognized as extremist and some materials of nationalists; materials and sites related to illegally banned organizations; material of a humorous or satirical nature. We consider it insufficiently justified to block information expressing disrespect for the authorities and society and false information according to the laws of Klishas, since, in our opinion, these types of information do not represent the same the degree of danger that would justify such a gross interference with the law to freedom of expression.

We are also concerned mass blocking of information about the persecution in Russia of adherents of Hizb ut-Tahrir” (for example, in the first three quarters of 2019, according to Roskomnadzor, there were blocked at least 14676 web mirrors with materials from the party, which banned simply by association with a banned organization, without due consideration way of their content) [29] .

Other sanctions

Educational institutions and libraries continue to face claims of prosecutors in connection with the imperfection of the content filtering system, installed on computers. All computers accessible to minors must be equipped with filters that block access to prohibited information, including including extremist materials. If the user protection system is not works or works defectively (despite the fact that there are no ideal filters exists), the prosecution authorities make submissions to a non-developer and software supplier, and directors of educational institutions and libraries, after which the “guilty” is brought to disciplinary responsibility.

The number of checks we noted in educational institutions (schools, technical schools) etc.) and libraries and various acts of prosecutorial response to their results in 2019 was 25, which is less than we noted in 2018 year (38). Our certainly incomplete data suggest that under pressure prosecutor's offices, educational institutions in recent years have begun to pay increased attention to the effectiveness of content filtering systems, so that the number of claims falls towards them.

For the poor quality of content filtering under Part 1 of Art. 6.17 of the Code of Administrative Offenses (“Violation of the law on the protection of children from information harmful to their health and (or) development”) directors of educational institutions in 2019 were wrongfully fined at least thrice.

We oppose prosecution under Part 2 of Art. 6.17 of the Code of Administrative Offenses for lack of content filtering of the administrations of public institutions, such as cafes, Internet cafes, hotels, etc., since they are designed not only for children (supervised by parents), but also on adults users whose rights should not be restricted. In 2019, we celebrated two such cases of attraction - the owner of the hotel that provided guests access to the Internet was fined, and the general director of a pizzeria equipped with Wi-Fi hotspot, replaced fine warning.

media and

anti-extremism

In the report on its activities for the first nine months of 2019 Roskomnadzor reports that it issued three warnings to the media “for mentioning extremist organization, without indicating that its activities are prohibited”, without specifying which publications were presented with such claims and for what [30] .

However, we know that in April the Roskomnadzor department for the Volga the federal district drew up two protocols on an administrative offense according to part 2 of Art. 13.15 of the Code of Administrative Offenses (dissemination of information about an extremist organization without indicating that its activities are prohibited) in relation to the Nizhny Novgorod online publication KozaPress and its editor-in-chief Irina Murakhtaeva. occasion served as a reproduction of photographs from the website of the Investigative Committee of the ICR in the Nizhny Novgorod region, in including photos with the flag of the banned organization Misanthropic Division, given in one of the news without mentioning this organization and its ban. According to Art. 57 of the law "On the Mass Media", the editorial office is exempted from liability for abuse of freedom of the media if the published information contained in the materials of the press services of state bodies. SC representatives in the court said the images had been removed from the agency's website, but could not explain when it happened. As a result, the Supreme Court terminated case production.

In addition, after Roskomnadzor ruled in December 2018 warnings to the publishers of Echo of Moscow in Pskov and Pskovskaya News Feed, he also drew up protocols against them under Part 6 of Art. 13.15 Administrative Code (production or the release of mass media products containing public calls for terrorist activities, materials, publicly justifying terrorism) for publishing a program by journalist Svetlana Prokopyeva about the explosion in the FSB office in Arkhangelsk (see above). As a result the world court in February 2019 fined the publications 150 and 200 thousand rubles, respectively. In our opinion, media persecution was unlawful, since Prokopyeva's transfer did not contain allegations that that the ideology or practice of terrorism is correct and deserves imitation, or about their attractiveness and permissibility.

According to Roskomnadzor itself, for the first three quarters of 2019 year, he sent 112 appeals to the editorial offices of online media demanding to remove from their pages reader comments with signs of extremism, twice as many, than a year earlier, when 58 appeals. According to Roskomnadzor, 77 appeals concerned comments with signs of incitement of ethnic hatred, one - comments with signs of racial hatred, six - comments containing propaganda of fascism, seven - comments with signs of religious hatred, ten comments with signs of social discord, four - comments inciting the implementation terrorist activities, five comments calling for violent change in the foundations of the constitutional order and violation of the integrity Russian Federation, two - comments containing a public knowingly false accusation of a person, replacing a public position of the Russian Federation, in the commission by him during the period of execution their official duties of extremist crimes. What received appeals for publications, and what was the content of the comments, we do not we know [31] .

Some statistics

According to the SOVA Center, in 2019 for violent crimes there were at least 4 hate-motivated convictions against 9 people, for vandalism for ideological reasons - not a single sentence [32] , for hate propaganda - 97 sentences against 102 people. From these last 12 sentences against 16 people we regard as lawful, designed to stop xenophobic manifestations, another 15 sentences against 15 people, in our opinion, they were also justified - in connection with the propaganda of violence, although and not xenophobic; we are not sure about the validity of 5 sentences against 5 people and do not know - or do not have enough complete information - about about what served as a pretext for the accusation, which formed the basis of 66 sentences against 66 people [33] .

Taking these numbers as we usually explain that the data on sentences for statements with which we operate approximately three times less than the actual number of sentences reflected in statistics published twice a year by the Judicial Department under the Supreme court of the Russian Federation. The fact is that we learn only about those sentences that are reported the press, law enforcement agencies, courts, the convicts themselves and their lawyers, etc. and such information is not always available. In addition, with regard to a good half of the cases, we do not have enough information to assess legitimacy of sentences. It should not be forgotten that even when it is possible to say that the incriminated statements are indeed illegal, their public danger may be insignificant, for example, due to the fact that with only a small audience got to know them. However, we believe it is important demonstrate at least an approximate relationship between justified persecution and manifestly unjustified use of anti-extremist articles of the Criminal Code.

Later in this chapter we we present the results of counting court decisions and newly initiated criminal cases cases that seem to us completely unlawful or cause us significant complaints [34] . We group sentences according to the articles of the Criminal Code (themselves cases are discussed in the relevant chapters of the report).

In 2019 we are not not a single unlawful sentence under Art. 282 of the Criminal Code (for comparison, in In 2018, we counted those 7 against 8 people). As a result of partial decriminalization of article 8 of earlier convictions under this article in against 9 people were canceled, unjustified criminal prosecution of another 6 person has been discontinued.

Moreover, we are not we are aware of no new case under this article that we could attribute to wrongfully initiated (a year earlier we noted 6 such cases against 6 Human).

According to part 1 of Art. 148 of the Criminal Code, punishing for insulting the feelings of believers, in 2019, as in the previous year, according to our data, one unreasonable sentence was handed down against one person: in Irkutsk for publishing an image on VKontakte with indecent with a gesture in front of the temple, anarchist Dmitry Litvin was sentenced to mandatory work - and released from penalties due to the expiration of the statute of limitations. In Barnaul, the investigation stopped the persecution of two people under Part 1 of Art. 148 Criminal Code for publishing atheistic demotivators in social networks, however, within a year similar cases were initiated against three people in Kirov, Voronezh and Ingushetia.

According to Art. 354 ¹ UK (“Rehabilitation of Nazism”) in 2019, two sentences were handed down (in 2017 and 2018 - no one). In Volgograd he was fined 200 thousand rubles, but released from punishment due to the expiration of the statute of limitations coordinator of the local headquarters Navalny Alexey Volkov - for the publication in the community of supporters opposition leader in VKontakte of a collage with a monument covered with greenery "The motherland is calling!". opposition blogger Konstantin Ishutov from Cheboksary for statements comparing politics Russian authorities with German, including with the policy of the Third Reich, but not justifying Nazism, sentenced to three and a half years in prison general regime and a fine of 150 thousand rubles (according to the sum of the articles: he was also accused distribution of child pornography). ABOUT new cases initiated in 2019 under this article for statements not aimed at promoting Nazism, we do not know.

According to Art. 280 of the Criminal Code on incitement to extremism in 2019 was unlawful two sentences were issued (in 2018 - one), however, one of them was canceled. Secretary of the Sevastopol branch of the party "Russian United Labor front "(ROT FRONT) Valery Bolshakov received two and a half years in prison freedom on probation with a ban on holding public office for anti-government appeals, but the court of appeal overturned the verdict and returned the case to the prosecutor's office. Video blogger Yegor Zhukov was sentenced to three years of imprisonment on probation with a two-year ban on administering websites for videos promoting non-violent methods of political fight. On dubious grounds, in 2019, charges were filed for Art. 280 of the Criminal Code to the Bashkir nationalist Airat Dilmukhametov for emotional a statement that was interpreted as a public call for violence in against the Chechens.

According to Art. 280 ¹ UK about calls for separatism in 2019, not a single unlawful sentences (two in 2018). However, this article was charged in within the framework of the Dilmukhametov case, in connection with a video message in which he considered the possibility of initiating a renegotiation of the federative treaty between subjects of the Russian Federation on new terms; nothing about violent ways out any territories from the composition of Russia were not mentioned in his video.

Outside of general statistics - since the article refers to anti-terrorist - we note the cases persecution under Art. 205 ² of the Criminal Code on the justification of terrorism, which cause we have doubts. We consider unlawful the sentence passed on Mirzobarot Mirzosharipov from St. Petersburg, who is serving time for involvement in Hizb ut-Tahrir" in the Kemerovo region. Mirzosharipov was sentenced to three years imprisonment for justifying the activities of Hizb ut-Tahrir, and not terrorism in the course of conversations in the colony. We assume that without reason sentenced to two and a half years in a colony-settlement for publishing five videos related to the activities of Hizb ut-Tahrir”, Crimean Solidarity activist Nariman Memedeminov; we were able to get acquainted with three of these commercials and found no signs of justifying terrorism in them. In addition, we We consider the charges brought under Art. 205 ² main to the editor of the Voice of Islam portal Dmitry Chernomorchenko for an article about ISIS, recognized in Russia as a terrorist organization, in which we do not see attempts to justify the activities of ISIS, as well as to the Pskov journalist Svetlana Prokopyeva, who is accused of justifying terrorism for talking about the influence repressive policy on youth in a radio program about an explosion in the reception of the FSB in Arkhangelsk. The accusations in connection with the speech about this explosion were brought against environmental activist Galina Gorina from Chelyabinsk, but the case against her was closed due to the lack of corpus delicti.

In 2019, as in 2018, the courts did not issue a single wrongful sentence under Art. 282 ¹ UK on the organization of an extremist community and participation in it. We believe unfounded accusation under this article against eight Ingush activists - organizers of protests against changing the border between Ingushetia and Chechnya.

According to Art. 282 ² UK in 2019, there were 12 wrongful convictions against 40 people (year previously unlawfully under this article, according to our data, 10 sentences were passed against 27 people). For organizing cells of the banned Islamic movement Tablighi Jamaat or participation in their activities received 3 sentences against 17 people (in the Crimea, Orenburg and Tatarstan). Another verdict was issued against 5 Muslim members of a recognized extremist community Faizrakhmanists in Tatarstan. Eight sentences against 18 people were handed down for the continuation of activities of communities of Jehovah's Witnesses. With respect to at least four people wrongful persecution under Art. 282 ² was terminated. We know of only one case initiated in 2019 under Art. 282 ² , the defendants of which were five followers of Tablighi Jamaat" in the Saratov region. Based on Witness data Jehovah, in 2019, criminal cases were initiated against at least 213 of their co-religionists. Thus, the number of unlawfully prosecuted responsibility in 2019 - 218 people - compared to 2018, when such we counted 108, doubled.

Separately, outside the common statistics, let us note the sentences to the followers of Hizb ut-Tahrir, which we we consider unlawful insofar as they are based on an erroneous recognition this terrorist party. In recent years, this means a charge under Art. 205 ⁵ Criminal Code on involvement in a terrorist organization. Such sentences in 2019 were 14 against 52 people (in 2018 - 15 against 49). In one of these cases, 6 defendants were charged under Part 1 Art. 30 and Art. 278 of the Criminal Code, that is, in preparation for the coup, from our point of view, also illegal. At least 20 people were arrested in 2019 charges filed in 5 criminal cases of involvement in Hizb ut-Tahrir” (in 2018, we also counted 5 such cases against 20 people).

In 2019, according to our data, as in 2018, not a single wrongful sentence was handed down on articles 213 and 214 of the Criminal Code (“Hooliganism” and “Vandalism”), taking into account the motive of hatred. However, under Art. 213 at least one criminal case was unjustifiably case - in Perm, in fact a performance with tying a mannequin with a face President and in a robe to the post; There were three people involved in this case.

So, in total anti-extremist criminal articles (i.e., not counting the cases of Hizb ut-Tahrir, which are initiated under anti-terrorist articles) in 2019 was issued 16 wrongful sentences against 44 people, compared to 21 a year earlier verdict against 39 people. At the same time, 4 sentences against 4 people were issued for “extremist” statements (in 2018, we counted 5 such sentences against 12 people), 12 against 40 - for involvement in activities extremist organizations (in 2018 there were 10 of them against 27). If summing up results for 2018, we could say that the followers of the banned religious organizations make up the majority of those wrongfully convicted, then in In 2019, they already made up the vast majority.

In sum, we know about criminal cases initiated during this period without proper grounds for anti-extremist articles (i.e., excluding Hizb ut-Tahrir cases) in about 233 people, almost double the number in 2018, when about 120 people were illegally prosecuted Human. As in the previous year, there was a significant increase in cases under the article on continuation of the activities of extremist organizations initiated within the framework of campaigns to prosecute Jehovah's Witnesses; only a few new cases related to public statements and actions.

Before moving on to our data in the field of application of the articles of the Code of Administrative Offenses aimed at combating extremism, we recall that the number of cases of persecution under these articles measured in hundreds (thus, according to the statistics of the Judicial Department of the Supreme court, only in the first half of 2019 sanctions under Art. 20.3.1 of the Code of Administrative Offenses were imposed 158 times, under Art. 20.3 of the Code of Administrative Offenses - 1388 times (for the whole of 2018 - 1652 times), under Art. 20.29 of the Code of Administrative Offenses - 865 times (for the whole of 2018 - 1964 times) [35] , however, only in dozens of cases we have information about what was the reason for the persecution, and we have the opportunity assess the degree of legitimacy of such.

We regard it as unlawful administrative prosecution of nine people under Art. 20.3.1 Administrative Code for inciting hatred; one of them was dismissed; six were fined, one received 15 days of administrative arrest.

For public demonstration of Nazi or other prohibited symbols, that is, under Art. 20.3 of the Code of Administrative Offenses, without proper grounds, was brought to justice, according to our information, at least 31 people (in 2018 we counted 29 of them). In all cases it was about individuals, including opposition activists, representatives of small businesses, ordinary users of social networks. It is known that in In 26 cases, a fine was imposed, in 3 - administrative arrest; 5 out of 31 cases were terminated.

According to our information, for mass distribution of extremist materials or possession for the purpose of such distribution, that is, under Art. 20.29 of the Code of Administrative Offenses, was unlawfully brought accountable for at least 59 persons (in 2018, we counted 17 of them, but such a difference in numbers is more likely due to the fact that in 2019 we managed to find more published judgments on this article). We know that in 53 of of these cases, the courts imposed a fine as punishment, in four - administrative arrest, two cases were dismissed. Among the groundless brought to justice - mainly ordinary users of social networks, opposition activists and believers of various denominations. As a rule, actually These people did not engage in mass distribution of prohibited materials.

By hh. 3-5 art. 20.1 Code of Administrative Offenses on the dissemination of information expressing indecent form disrespect for to the state and society on the Internet, according to our information, in 2019 attracted liable at least 56 times. 32 times a fine was imposed (two people were fined twice), 18 cases were discontinued (in four of of these cases, it was about an attempt to re-prosecute earlier punished - for new statements), we do not know about the outcome of 6 more cases. Almost in In all cases, it was about disrespect for representatives of the authorities. We are also aware four cases when the police refused to draw up a protocol under Part 3 of Art. 20.1 Code of Administrative Offenses.

federal list extremist materials was replenished in 2019 by 193 points, while in 2018 - by 466 points, i.e., its growth rates have fallen sharply. Of them, on our opinion, only 5 items are included in the Federal List without proper reason (versus 63 wrongfully listed in 2018). It can be assumed that the authorities have become more circumspect about the ban of materials, and this, certainly a positive trend, possibly related to the entry into force a new procedure for recognizing materials as extremist [36] . Let us add, however, as usual, that we are familiar not with all materials from the Federal List and we do not exclude that the prohibitions of those of them, the content of which we do not know, may also be unjustified. In addition, we believe that the mechanism for banning materials and including them in a special list, which reached 5004 points by the end of 2019, ineffective and leads to harassment for disseminating information that is not posing a danger to society.

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[1] Our work on this topic is supported by the European Union, the Netherlands, Norwegian Helsinki Committee and International Partnership for Rights person.

December 30, 2016 RPO Center "SOVA" was forcibly entered Ministry of Justice to the register of "non-profit organizations performing the functions of a foreign agent." We do not agree with this decision and will appeal it.

[2] See: Belgorod region: administrative persecution for distribution of the video "Let's remember the Rogues and Thieves their Manifesto-2002" // Center "Owl". 2019 ( https://www.sova-center.ru/misuse/news/persecution/2019/10/d41616/ ).

[3] See: Persecution of citizens for insulting the state and society in Internet // SOVA Center. 2019 ( https://www.sova-center.ru/misuse/news/persecution/2019/04/d40942/ ).

[4] Bashkir activist Ismagilov released from criminal liability // Center "Owl". 2019. February 20 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40680/ ).

[5] The Supreme Court of Crimea overturned the verdict against activists of the Anti-Corruption Bureau // Owl Center. 2019. February 8 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40638/ ).

[6] Sentence to Co-Chairman of Mehk-Khel Movement Canceled // SOVA Center. 2019.30 September ( https://www.sova-center.ru/misuse/news/persecution/2019/09/d41518/ ).

[7] Case closed under Art. 282 of the Criminal Code against a follower of Jehovah's Witnesses, convicted in Kabardino-Balkaria // SOVA Center. 2019. March 1 ( https://www.sova-center.ru/misuse/news/persecution/2019/03/d40726/ ).

[8] Ingush oppositionist charged with inciting hostility towards locals authorities // SOVA Center. 2019. February 28 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40712/ ).

[9] The court released Danis Safargali from punishment under Art. 282 of the Criminal Code // SOVA Center. 2019. February 14 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40658/ ).

[10] Vladimir Tymoshenko's conviction for inciting hatred against civil servants was expelled // Owl Center. 2019. May 20 ( https://www.sova-center.ru/misuse/news/persecution/2019/05/d41034/ ).

[eleven] Blogger Sokolovsky released from punishment under Art. 282 of the Criminal Code in connection with her decriminalization // SOVA Center. 2019. May 8 ( https://www.sova-center.ru/misuse/news/persecution/2019/05/d40988/ ).

[12] The court in Barnaul terminated the proceedings in the case of Daniil Markin // SOVA Center. 2019. January 21 ( https://www.sova-center.ru/misuse/news/persecution/2019/01/d40538/ ).

[13] The Supreme Court of Kabardino-Balkaria recognized Yuri Zalipaev's right to rehabilitation under Art. 282 of the Criminal Code // SOVA Center. 2019. March 15 ( https://www.sova-center.ru/misuse/news/persecution/2019/03/d40772/ ).

[14] Criminal prosecution of Omsk feminist Kalugina terminated // SOVA Center. 2019. February 5 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40611/ ).

[15] In Ufa, criminal prosecution for publications on the site "Shura Muslims Republic of Bashkortostan // SOVA Center. 2019. February 7 ( https://www.sova-center.ru/misuse/news/persecution/2019/02/d40626/ ).

[16] Valery Bolshakov's verdict overturned // SOVA Center. 2019. August 26 ( https://www.sova-center.ru/misuse/news/persecution/2019/08/d41387/ ).

[17] The criminal case against Alexander Byvshev was closed // SOVA Center. October 30, 2019 ( https://www.sova-center.ru/misuse/news/persecution/2019/10/d41649/ ).

[18] See: ECtHR found a violation of the Convention on Human Rights in the case of Savva Terentyeva // SOVA Center. 2019. August 28 ( https://www.sova-center.ru/misuse/news/counteraction/2018/08/d39919/ ).

[19] Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for the 1st half of 2019 // Judicial Department at Supreme Court of the Russian Federation. 2019 ( http://www.cdep.ru/index.php?id=79&item=5083 ).

[20] Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2018 // Judicial Department under the Supreme court of the Russian Federation. 2019 ( http://www.cdep.ru/index.php?id=79&item=4891 ).

[21] Our position regarding the activities of Hizb-ut-Tahrir is based, in particular, on the decision of the ECtHR, issued as an addition to the decision on the complaint two convicted members of the organization against the actions of the Russian authorities. The ECtHR stated that although neither the teachings nor the practice of Hizb ut-Tahrir allow us to consider the party terrorist and it does not directly call for violence, its ban on other grounds, however, would be justified, since it assumes in the future overthrow of some existing political systems in order to establish Sharia-based dictatorship characterized by anti-Semitism and radical anti-Israeli propaganda (for which Hizb ut-Tahrir, in particular, was banned in Germany in 2003), as well as a categorical rejection of democracy and human rights and the legitimacy of the use of violence against countries whom the party regards as aggressors against the "lands of Islam". The goals of Hizb ut-Tahrir" is clearly contrary to the values ​​of the European Convention on Human Rights, in particular, a commitment to the peaceful resolution of international conflicts and inviolability of human life, recognition of civil and political rights, democracy. Activities for such purposes are not protected by the European convention on human rights.

[22] We provided a detailed list of possible claims in our report for 2011 year. See: Verkhovsky A. Illegal use of anti-extremist legislation in Russia in 2011 // SOVA Center. March 29, 2012 ( http://www.sova-center.ru/misuse/publications/2012/03/d24014/ ).

[23] We certainly do not know about many cases of imposition of sanctions. often becomes aware of a series of inspections and subsequent sanctions, but not the number of warnings issued and other acts of the prosecutor's office response. In such cases, we consider the entire series as one.

[24] According to Roskomnadzor, "due to the presence of prohibited information" in the Unified register for the first half of 2019 140,734 sites and / or indexes were entered pages of sites on the Internet, for the third quarter - 68,232 sites and / or web page index. See: Performance Results Roskomnadzor // Federal Service for Supervision of Communications, Information technologies and mass communications (Roskomnadzor). 2020 ( http://www.rkn.gov.ru/plan-and-reports/reports/p449/ ).

[25] With constantly updated monitoring data for blocking Internet resources, which carries out the Roskomsvoboda project, can be found here: Register banned sites // Roskomsvoboda ( https://reestr.rublacklist.net/ ).

[26] According to Roskomnadzor, in the first half of 2019, 60 requirements of the Prosecutor General's Office regarding 243 resources in the third quarter - 35 requirements for 126 resources. See: Roskomnadzor performance results // Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor). 2020 ( http://www.rkn.gov.ru/plan-and-reports/reports/p449/ ).

[27] List of information resources, repeatedly spread false information. Test version // Federal service for supervision in the field of communications, information technology and mass communications (Roskomnadzor). 2020 ( https://rkn.gov.ru/mass-communications/p1104/ ).

[28] According to Roskomnadzor, 58670 were detected in the first half of 2019, and in third quarter - another 38,370 such web mirrors. See: Performance Results Roskomnadzor // Federal Service for Supervision of Communications, Information technologies and mass communications (Roskomnadzor). 2020 ( http://www.rkn.gov.ru/plan-and-reports/reports/p449/ ).

[29] According to Roskomnadzor, in the first half of 2019 more than 10,000, and in the third quarter - 4676 such web mirrors. . See: Results activities of Roskomnadzor // Federal Service for Supervision in the Sphere of Communications, information technologies and mass communications (Roskomnadzor). 2020 ( http://www.rkn.gov.ru/plan-and-reports/reports/p449/ ).

[thirty] The results of the analysis of information on the implementation of activities of the action plan Roskomnadzor for the 3rd quarter of 2019 // Federal Service for Supervision in the communications, information technologies and mass communications (Roskomnadzor). 2019. December 28 ( https://rkn.gov.ru/docs/doc_2582.docx ).

[31] There.

[32] This refers to sentences that take into account the motive of hatred. More about see: Yudina N. Criminal activity of the ultra-right. hate crimes and countering them in Russia in 2019 // SOVA Center. 2019. February 4 ( https://www.sova-center.ru/racism-xenophobia/publications/2020/02/d42015/ ).

[33] For more details, see the report of the SOVA Center simultaneously published: Yudina N. Bez usual article. State against incitement to hatred and political activity of nationalists in Russia in 2019.

[34] Speaking about the legitimacy and illegality of court decisions, we consider them only on the merits, in most cases without touching the topic of possible procedural violations.

[35] See: Summary statistics on the activities of federal courts in general jurisdiction and justices of the peace for the 1st half of 2019 // Judicial Department at Supreme Court of the Russian Federation. 2019 ( http://www.cdep.ru/index.php?id=79&item=5083 ); Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2018 // Judicial Department under the Supreme court of the Russian Federation. 2019 ( http://www.cdep.ru/index.php?id=79&item=4891 ).

[36] On October 1, 2019, the Law on Procedural Reform came into force, according to which cases on the recognition of materials as extremist were transferred from the sphere of civil litigation to the sphere of administrative. Now statements of claim of the prosecutor on the recognition of materials as extremist are filed in in the manner prescribed by the Code of Administrative Procedure (CAS). The law determines what materials must be attached to the application, allows the court to involve interested parties in the proceedings, and appoint the defendant the person whose actions gave rise to the claim, and to impose on him court expenses. If such a person is not identified, the case will be considered "to give an opinion" the courts must involve the Ombudsman of the Russian Federation or subject of the federation.