Unlawful anti-extremism in March 2020

We publish an overview of the main and most significant events in the field of misuse of anti-extremist legislation in Russia in March 2020.

Rulemaking

March 1 Russian President Vladimir Putin signed a law amending Art. 20.3 of the Code of Administrative Offenses (public displaying Nazi symbols). Disposition and sanctions Art. 20.3 of the Code of Administrative Offenses remained unchanged, in only a note was made in it that the provisions of the article "do not apply to cases of use Nazi paraphernalia or symbols, or paraphernalia or symbols similar to confusing Nazi paraphernalia or symbols, or paraphernalia or symbols of extremist organizations, which form a negative attitude to the ideology of Nazism and extremism and there are no signs of propaganda or justifications for Nazi and extremist ideology." Similar amendments to the laws "On perpetuating the Victory of the Soviet people in the Great Patriotic War of 1941-1945" and "On countering extremist activities" were adopted at the end of 2019. We 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, whether in this or that case a "negative attitude" is formed towards Nazi ideology and the ideology of banned organizations. We fear that this the clause will not cover all cases of displaying prohibited symbols without a purpose propaganda of the corresponding ideology. In our opinion, it would be more efficient to directly 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.

IN in the middle of the month, the president submitted to the State Duma, and by the end of the month it finally approved a bill introducing a new article 243.4 into the Criminal Code (“Destruction or damage to military graves, as well as monuments, steles, obelisks, and other memorial structures or objects perpetuating the memory of those who died during defense of the Fatherland or its interests or dedicated to the days of Russia's military glory"). It is proposed to punish under this article, including multimillion-dollar fines and deprivation of liberty. In our opinion, these amendments to the Criminal Code, designed to prevent the demolition of Soviet monuments abroad, are unnecessary and are motivated primarily by foreign policy considerations (although it will be possible to apply them to Russians as well). Wherein for the acts described in the disposition of the proposed norm, one can actually attract to liability under the already existing articles of the Criminal Code, and provided for by the new Article sanctions, especially large fines, look disproportionately severe. Read more about this law here .

IN At the end of March, the Ministry of Internal Affairs submitted a new version of the Strategy for public discussion countering extremism until 2025. Among other things, some concepts (including "radicalism") to clarify and give a few new definitions (including the concept of "ideology of violence"); Attributed to manifestations of extremism "destructive activities" of NGOs, including "using the technologies and scenarios of the so-called "color revolutions"; pay attention to the "information-psychological influence" of foreign special services in order to destroy traditional values. It is also interesting that among the anti-extremist priorities migration policy instead of fighting "illegal migration" it is proposed to include adaptation programs, countering the formation ethnic enclaves, social exclusion and spatial segregation, and also involve civil society institutions in the work. Finally, for the first time in Strategies are determined by quantitative targets, including percentage of violent crimes among "extremist crimes" direction". For more information about the project of the Ministry of Internal Affairs, see here .

IN the last day of the month the State Duma adopted, and the Federation Council approved the amendments, among other things, expanding and tightening liability for the dissemination of "fake news" (Signed by the President on April 1 and entered into force). Art. 13.15 of the Code of Administrative Offenses is supplemented with a new part 10.1 on distribution "under the guise of reliable reports of knowingly false information" about emergency situations and countermeasures. Punish on it will be large fines, but only for legal entities. Distribution of unreliable information that resulted in death, bodily harm, violation public order or security, etc. legal entities will be punished according to a new parts 10.2 of the article (previously such actions were covered by part 11). New edition part 11 covers cases of repeated offenses under cc. 10, 10.1 and 10.2, while in it tightened sanctions for legal entities. Individuals can be punished criminal procedure under the new Art. 207.1 and 207.2 of the CC, the dispositions of which match hh. 10.1 and 10.2 Art. 13.15 of the Code of Administrative Offenses, with the exception that the punishment follows the public dissemination of "knowingly false" information, and not "knowingly unreliable" (how will these two concepts differ on practice, we do not quite understand). The maximum penalty under Art. 207.2 of the Criminal Code provides five-year term of imprisonment. These amendments tighten the rules of the Code of Administrative Offenses on countering "fake news", but do not correct their shortcomings. The need for criminal prosecution for the dissemination of false information about The emergency situation is all the more doubtful, and the proposed sanctions are presented disproportionately strict.

Practice of the ECtHR

24 March 2020, the European Court of Human Rights published a decision on complaint of the St. Petersburg journalist Nikolai Andrushchenko (1943–2017), who in 2009 was sentenced to probation and a fine for insulting a representative authorities (Article 319 of the Criminal Code) and inciting hatred (Part 1 of Article 282 of the Criminal Code), and then released from punishment. According to Art. 282 he was convicted of inciting hatred in regarding the social group "law enforcement officers" by publishing an article about the dispersal of one of the "March of Dissent". The ECHR drew an analogy with the case of Savva Terentyev, which it had previously considered and refused to count the policemen and FSB officers, about whom the author is unflattering responded as a vulnerable social group. The Strasbourg court also emphasized that Andrushchenko's article dealt with the socially significant issue of the use of force in public events and did not find any arguments in favor of the fact that employees law enforcement agencies could become victims of violence as a result of its publications. Thus, the ECtHR saw in the actions of the Russian authorities violation of Art. 10 of the European Convention on Human Rights protecting freedom expressions of opinion.

Persecution for the opposition statements, abuses in countering incitement to hatred

In March we noted one case unlawful prosecution under Art. 20.3.1 of the Code of Administrative Offenses (inciting hatred): in Arkhangelsk, a journalist from the portal 29.ru was fined 10 thousand rubles for it Yaroslav Varenik. In October, he published a news item stating that a local resident Arseniy Kuroptev was punished under the same article for reposting a text about "a secret conspiracy of Muslims to destroy the Russians." Journalist I quoted part of this post in the text of my note. We consider persecution Varenyka is unlawful, because, most likely, there was no intent to incite national or religious hatred. Citation xenophobic texts in journalistic publications to inform readers not should be identified with their dissemination for propaganda purposes.

Within a month, we became aware of two cases of persecution under Art. 20.29 of the Code of Administrative Offenses (mass distribution extremist materials) that we considered inappropriate. In both cases it was about the video of supporters of Alexei Navalny "Let's remember the crooks and Thieves their Manifesto-2002", which in 2013 was recognized as extremist. A report was drawn up against a resident of Smolensk, Sergei Komandirov, because he posted this video on VKontakte in 2011, and a resident of Suzdal was fined by the court for a similar act. Video content comes down to listing a number of unfulfilled election promises of the "United Russia" and the call to vote for any other party. We consider the ban on this roller baseless.

persecution for displaying prohibited symbols

In March, we became aware of several cases of prosecution for displaying prohibited symbols, which we judged to be inappropriate.

At the end of January, Dorogomilovsky the district court of Moscow fined a thousand rubles under Part 2 of Art. 20.3 Administrative Code (sales Nazi paraphernalia for propaganda purposes) by a designer from Zhukovsky near Moscow Roman Tkachuk, who posted on Avito an advertisement for the sale of a coin of the Third Reich with Nazi symbols. The court did not establish whether Tkachuk sold the coin with purpose of promoting Nazi ideology. From our point of view, usually trade in German antiques in the 1930s and 40s is not in itself aimed at propaganda of Nazism, so we consider persecution for such actions illegal. We believe that Art. 20.3 of the Code of Administrative Offenses, it is appropriate to apply not to antique dealers, but to modern manufacturers of items from the Nazi and neo-Nazi symbols and distributors of such products.

In February, in Voronezh, a Protocol under Part 1 of Art. 20.3 of the Code of Administrative Offenses (public display of Nazi symbols) in relation to 16-year-old Semyon. The reason for attracting liability were discovered by law enforcement agencies on his page in "VKontakte" video reposts with Tom and Jerry, personifying the Third Reich and the USSR in World War II, as well as amateur video for the song Heute Nacht by Rammstein and a fragment from the film "Inglourious Basterds" by Quentin Tarantino, in which Hitler punches on the table and shouting "Nein, nein, nein!" At the beginning of March for the publication of the same video with Tom and Jerry, a protocol was drawn up for a 19-year-old Left Bloc activist Irina Shumilova.

In the middle of March in Sarmanovsky district of Tatarstan, 22-year-old Ainur Gazizullin and Radika Fatikhov - on one thousand rubles each. Even at school age they placed in "VKontakte" humorous video "Adolf Hitler reads rap", which showed Nazi symbols.

In all of the above cases social media users made posts, we believe, without intending to promote Nazism. From our point of view, only the demonstration of Nazi symbols in order to promote this ideology. Recently added to Art. 20.3 of the Code of Administrative Offenses, a note that in the event of the formation of a negative attitude towards Nazism or extremist ideology to punish for demonstrating prohibited symbolism should not seem to be able to prevent illegal persecution.

At the same time, courts are beginning to consider this is a new explanation. So, in Krasnoyarsk, materials were returned to the police cases of the nationalist Gleb Maryasov, whom they tried to prosecute for posting a video on VKontakte entitled "I am not a Nazi". In this sketch German satirical project Bohemian Browser Ballett is ridiculed far-right who resent being called Nazis. Judge returned the case for revision, indicating that for its consideration the opinion of the historian is needed or a culturologist regarding the presence in the video of signs of Nazi propaganda ideology.

Note also that at the end of the month The Supreme Court of Ingushetia satisfied the claim of the Ministry of Justice of the Republic and liquidated Council of teips of the Ingush people. One of the many arguments of the department was that the symbolism used by the Council did not match described in the charter: 11 additional symbols were added to the coat of arms of the Council. One of them is a tamgu (ancestral sign) of the Yovloi clan from villages of Tisha Yovli - in The Ministry of Justice considered it confusingly similar to Nazi symbols. This tamga really is a swastika, but we believe that to prohibit the use of Nazi symbols should be used specifically for the purpose of promoting Nazism, and it is incorrect to demand from representatives of the Ingush clan and Ingush national organizations are not use traditional symbols.

Persecution of religious organizations and believers

"Hizb ut-Tahrir"

IN in the middle of the month, suspects were arrested in Crimea under Part 2 of Art. 205.5 CC (participation in the activities of a terrorist organization) Rustem Seitmemetov and brothers Seytumer and Osman Seytumerov; Amet Suleymanov was placed under a home arrest. TV presenter Seytumer Seytumerov, who left Crimea in 2018 (namesake arrested) in the same case is suspected under Part 1 of Art. 205.5 of the Criminal Code (organization activities of a terrorist organization).

We We believe that the persecution of members of Hizb ut-Tahrir "terrorist" articles only on the basis of party activities (holding meetings, reading literature, etc.) is unlawful, since this the party is not seen in involvement in terrorism.

Followers of Said Nursi

How became known in March, at the end of December 2019 the case was dismissed a follower of the Islamic theologian Said Nursi Denis Zhukov, accused of Part 2 Art. 282.2 of the Criminal Code in participation in the banned organization Nurcular. The decision to dismiss the case was made on the basis of a footnote to this article, according to which persons who have committed for the first time crime and voluntarily ceased participation in the organization. Zhukov himself with this I do not agree, because I did not admit guilt. Obviously, if not for this Solomonic decision, the case would have to be dismissed either due to the expiration of the statute of limitations bringing to responsibility (just at the end of December), or in the absence of corpus delicti, and these options did not suit the investigation and the prosecutor's office.

IN In the middle of the month, news came that several residents of Tatarstan had been detained for accusation of involvement in the activities of the banned association "Nurcular". One of them was arrested for two months under Part 1 of Art. 282.2 of the Criminal Code (organization activities of an extremist organization).

By information we have, the detention of the followers of the Turkish theologian Said Nursi marched in Naberezhnye Chelny (probably as part of another case). There by Nakia Sharifullina, who was convicted in 2014 for involvement in the activities of "Nurcular".

Except In addition, we learned that in Izberbash of the Republic of Dagestan he was arrested a follower of Nursi, who was previously involved in the case of Ilgar Aliyev, in 2018 convicted under Art. 282.2 of the Criminal Code.

We we consider it unlawful to persecute Nursi's followers as members of the association "Nurcular" (which did not exist in Russia at all, but is only individual believers who study the legacy of Nursi).

Jehovah witnesses

IN In March, Russian courts handed down two sentences to Jehovah's Witnesses. Dzhankoy The district court sentenced Jehovah's Witness Sergei Filatov under Part 1 of Art. 282.2 of the Criminal Code to six years in prison, and Yalta resident Artem Gerasimov, the city court fined 400 thousand rubles under the same article.

IN At the end of the month, the Penza Regional Court quashed the sentence of six Witnesses Jehovah and sent the case for a new trial to the Leninsky District Court of Penza, who earlier, in December 2019, sentenced Vladimir Alushkin to six years imprisonment for hours. 1 Article. 282.2 of the Criminal Code, and his wife and four other believers - to two years conditionally under Part 2 of Art. 282.2 of the Criminal Code.

In March, Jehovah's Witnesses were detained as part of the investigation of new and previously initiated cases. In Chelyabinsk, criminal case under Part 1 of Art. 282.2 of the Criminal Code was initiated against 74-year-old Vladimir Suvorov, they took a written undertaking not to leave him (the case of his wife, accused under Part 2 of the same article, is already considered by the court).

In Moscow, the accused was arrested under Part 1, Part 1.1 and Part 2 of Art. 282.2 CC (organization of the activities of an extremist organization, recruitment into it and participation in it) Yuri Krutyakov, a Jehovah's Witness from the Moscow region, who was on the wanted list. Earlier, his wife and four other believers were placed under house arrest. Suspects under Part 2 of Art. 282.2 of the Criminal Code became another resident of the Moscow region Stepan Adamov.

IN Adler was detained and taken to Saratov Rustam Seidkuliev. He was sent under house arrest under Part 2 of Art. 282.2 of the Criminal Code.

IN end of the month in Krasnoyarsk under Part 1 of Art. 282.2 of the Criminal Code, a case was initiated in regarding Jehovah's Witness Anatoly Gorbunov.

In Karpinsk, Sverdlovsk region searches were carried out in a case that is being investigated under Part 1.1 of Art. 282.2 of the Criminal Code in relation to Venus and Daria Dulova and Alexander Pryanikov. At the end of January they were sentenced to conditional terms for hours. 2 Article. 282.2 of the Criminal Code.

On Sakhalin, the case under Part 2 of Art. 282.2 of the Criminal Code was initiated against Tatyana Kulakova. Her husband and son have already been under investigation since 2018 and 2019 respectively.

In Khakassia, a new criminal case was filed against six Jehovah's Witnesses, whose names at the time of compilation this review were not known.