Unlawful anti-extremism in May 2020

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

Rulemaking

23 May Vladimir Putin signed a law according to which those convicted of certain anti-extremist and related criminal articles (part 1 of Art. 205.2, part 1 and 2 Art. 207.2, Art. 212.1, Part 1 Art. 239, part 2 of Art. 243.4, part 1 of Art. 244 of the Criminal Code, part 2 of Art. 280, part 2 of Art. 280.1, part 1 of Art. 282, part 2 of Art. 354.1) will be deprived of the passive suffrage within five years after the withdrawal or cancellation criminal record. Previously convicted of "crimes of extremist direction" could not run until the removal of a criminal record (not considering those convicted of grave and especially grave crimes, who, as they could not, will not be able to run for 10 and 15 years after the conviction is expelled). Additional restrictions on passive suffrage do not seem to us enough justified, including for those convicted under some of this set of articles UK. In addition, persecution under many of these articles, in our opinion, is often unlawful.

May 29 President approved a new version of the Strategy for countering extremism until 2025. Among other things, the Strategy clarified some concepts (including "radicalism") and a definition of the concept "ideologies of violence". According to the document should be attributed to manifestations of extremism "destructive activities" of NGOs, including "using the technologies and scenarios of the so-called "color revolutions" and pay attention to the "information-psychological influence" of foreign special services in order to destroy traditional values. Among the anti-extremist priorities of migration policy, instead of to combat "illegal migration", it is proposed to include programs adaptation, opposition to the formation of ethnic enclaves, social exclusion and spatial segregation, and to involve civil society institutions. For the first time, the Strategy defines quantitative targets, including the percentage of violent crimes among "extremist crimes" (for more details on the updated Strategy, see here ).

At the beginning of the month, the Ministry of Internal Affairs Russia refused to develop amendments to the law on the police. Developers of the bill proposed to provide legal protection for police officers from dissemination of information concerning them on the Internet expressing a clear disrespect for the bodies of the Ministry of Internal Affairs, by introducing the appropriate wording into Law on Police. In fact, it was about "individualization mechanism" provided for by the " Klishas law " on the dissemination of information on the network expressing disrespect for the state and society. We oppose the idea of ​​further expanding the scope of this law, which we consider an excessive norm, unreasonably restricting the right to freedom of expression, We therefore welcome the decision to stop drafting a bill on disrespect for MIA.

At the end of the month the Ministry of Justice Russia resubmitted for public discussion an updated draft of a new Code of Administrative Offenses (CAO) (the previous version was published in January). Among the current proposals for changing anti-extremist or similar articles of the Code of Administrative Offenses, we noted the following. Offered to reduce the maximum period of compulsory work under the article on inciting hatred, combine the two parts of the article on prohibited symbols (on display and on sale of paraphernalia and symbols), which means mitigation of punishment for the sale paraphernalia and symbols, to exclude from the Code of Administrative Offenses the punishment for "insulting authorities" more than two times. Administrative offenses consisting in violation of the norms of the legislation on countering extremism, according to of the proposed version of the Code of Administrative Offenses, will be considered rude, so cases on them cannot be will stop for insignificance. The project consolidates the existing practice understanding of the term "continuing offence", which is relevant in relation to prosecutions for online publications. The Ministry of Justice insists that statute of limitations for bringing to administrative responsibility in the general case should be one year, but for a number of articles - more. In particular, for gross administrative offenses, it is proposed to establish a period of two years. However, the statute of limitations for violations, in particular, of media law (except articles on the abuse of freedom of the media), in the field of processing information, on offenses that encroach on the order of management and on public morality, it is proposed to set at the level of two months or three months for cases before the court.

At the end of May the deputy Aleksey Zhuravlev (non-factional, leader of the Rodina party) contributed to to the State Duma a bill in which it proposes to supplement the Criminal Code with an article 354.2 (falsification of historical facts about the causes and results of World War II wars). Under part 1 of the proposed article (imposing responsibility on the USSR for unleashing the Second World War or denying the main role of the USSR in the victory over the Axis in World War II, as well as spreading word of identities of the official political ideology of the USSR and Nazism, committed publicly) Zhuravlev proposed to punish citizens with a large fine, forced labor or imprisonment for up to five years. Such the sanctions completely duplicate the sanctions provided for in ch. 1, 2 art. 354.1 CC (rehabilitation of Nazism). The Supreme Court, in its review of the bill, stated that that the norm proposed by Zhuravlev will partially compete with Art. 354.1 of the Criminal Code, therefore, consideration should be given to expanding it instead of introducing a new articles 354.2. The Russian government gave a negative review: from its point of view point of view, such acts can already be qualified under Article 354.1 of the Criminal Code, and no data on the apparent insufficiency or inefficiency of existing Zhuravlev did not include criminal law norms in the explanatory note. We oppose further expansion of the limitations of historical discussion, the beginning of which was laid by introducing into the Criminal Code Art. 354.1. On our view, such restrictions are gross and unreasonable interference with the right to freedom of expression.

abuse in the field of countering the spread of Nazi ideology

In the middle of May, the Russian Investigative Committee announced the initiation of criminal cases under Part 1 of Art. 354.1 of the Criminal Code (rehabilitation of Nazism) on the facts of uploading photographs of figures of the Third Reich (in particular, Adolf Hitler and Andrey Vlasov, but under other names) to the websites of the movement "Immortal Regiment" May 9 and other days. According to the UK, experts installed by IP several dozen users involved in the placement photographs of Nazi leaders. Most of them were foreigners, but more than ten people - residents of different regions of Russia. were interrogated in the case suspects. Charges under Art. 354.1 of the Criminal Code were brought against Andrey Shabanov from Samara, Daniil Shestakov from Perm, Vyacheslav Kruglov from Ulyanovsk, criminal cases were initiated against Mohammed El-Ayubi from Kazan and a resident of the Tula area, the name of which is not yet known. We believe that user actions networks are not qualified correctly. An action such as uploading photos Nazi leaders to the site, even May 9, in itself is not public approval of the crimes of Nazism, nor the dissemination of any information about the day of military glory of Russia. No statements of approval or denying Nazi crimes, these photographs appear to be were not accompanied.

In May we became known about a number of cases of prosecution under Art. 20.3 of the Code of Administrative Offenses displaying prohibited symbols. Recall, from our point of view, should only be punished for displaying Nazi symbols, aimed at promoting Nazism. Note added to Art. 20.3 of the Code of Administrative Offenses in March that not should be penalized for displaying prohibited symbols if this forms negative attitude towards the corresponding ideology, unfortunately, often turns out to be unable to prevent wrongful persecution.

Back at the end of April a resident of Novosibirsk was fined a thousand rubles for having published in group "Against Housing and Utilities Novosibirsk" in "VKontakte" image a soldier with a flag, on which the abbreviation housing and communal services, in which the letter X was replaced by a swastika.

In May Kemerovo the regional court approved the decision of one of the Novokuznetsk courts, which fined for a thousand rubles, a member of the movement "The Essence of Time" Yevgeny Zabelin, which in the fall of 2014 he posted on his page on VKontakte photo with Nazi symbols. It was about an illustration for a publication from "Zhivoe magazine", which was devoted to the connection of the philosopher Alexander Dugin with Greek far-right Golden Dawn party. One of those given in The Golden Dawn propaganda post contained a photo Rudolf Hess with a swastika armband. We believe that Zabelin is fined wrongfully because its publication condemned Nazism.

Former activist "The Essence of Time" from Perm Pavel Guryanov was more fortunate. protocol for Art. 20.3 of the Code of Administrative Offenses in relation to him was drawn up for the publication of 2016 in "LiveJournal" material about the visit of a Foreign Policy journalist to training camp of the Ukrainian regiment "Azov", it was illustrated with photographs containing the symbols of "Azov", including including the wolfsangel sign used by the Nazis. Guryanov stated that he did not pursue the goal of promoting Nazism, but, on the contrary, his publication was anti-fascist. The district court decided to terminate the proceedings on his case.

In Kemerovo under Part 1 of Art. 20.3 of the Code of Administrative Offenses was arrested 18-year-old college student Vladislav Koretsky. In a court order it was stated that from February 14, 2016 to January 30, 2017, he periodically published posts with a swastika. Based on screenshots of these posts and other photos from Koretsky's page it was clear that he adhered to the communist views, and his publications are directed against Nazism (as well as American imperialism).

At the end of the month, Art. 20.3 of the Code of Administrative Offenses, Omsk Mikhail Melnikov was fined a thousand rubles for publishing in 2019 in "VKontakte" a satirical "fotozhaba" on based on the cover of Time magazine featuring Vladimir Putin, on which had a swastika.

persecution for opposition speeches

In May, according to Art. 20.29 Administrative Code (mass distribution of extremist materials) in Smolensk was for two activist Sergei Komandirov was fined thousands of rubles (he himself claims that is not currently engaged in opposition activities). Law enforcement found on his page in "VKontakte" published in 2011 video of supporters of Alexei Navalny "Let's remember their crooks and thieves Manifesto-2002", recognized as extremist in 2013. The contents of this the video, for which opposition activists are often prosecuted for reposting, boils down to enumeration of a number of unfulfilled election promises of the United Russia" from the 2002 party manifesto and a call to vote for any party other than United Russia. We consider the ban of this video unreasonable, and persecution for its distribution is unlawful.

In May, we learned about three cases of involvement in liability for hours. 3 Article. 20.1 of the Code of Administrative Offenses (petty hooliganism) for distribution information expressing indecent form disrespect for the authorities or society. Recall that we believe that 3-5 art. 20.1 of the Code of Administrative Offenses are aimed at suppressing criticism of the activities of the authorities: the latter and before the introduction of these amendments were in adequately protected by other laws. Volunteer of Navalny's headquarters in Kazan was fined 30 thousand rubles because of a post on Facebook with a newspaper clipping from 1992 about the activities of Vladimir Putin, which he provided a comment containing the term "geek". A resident of Smolensk Anton Novikov was fined the same amount for the comment "Putin is *****" during "VKontakte", which he left under the picture with the president and the inscription "Putin is a man, glory to Russia." Regarding the blogger from Kemerovo Mikhail Alferov drew up two administrative protocols in connection with the placement on YouTube videos in which the word was used in relation to the president "thief".

22nd of May The Supreme Court of the Republic of Bashkortostan satisfied the claim of the prosecutor's office and recognized extremist bashkir nationalist organization "Bashkort" (leaders - Fail Alchinov, formerly a member of the leadership another local nationalist organization, Kuk Bure, and Ilnar Galin). One of several claims against the organization that gave rise to for her ban, was that on her official page in "VKontakte" law enforcement agencies found "statements that have signs of call to violate the territorial integrity of the Russian Federation and create united Islamic state", as well as calls for the implementation extremist activity. It should be noted that this was not a call for any violent measures to secession of Bashkortostan, and accusations of extremist activities on the grounds that representatives of the organization promoted the formation of rural gatherings, the so-called. yynyynov, as an alternative to local authorities, also do not look convincing, since the convening of gatherings refers to peaceful political activity.

Persecution of religious organizations and believers

Muslims

In May 2020, it became known that in the Chelyabinsk region a criminal case was initiated under Part 2 of Art. 205.5 (participation in a terrorist organizations) and Part 1.1 of Art. 205.1 of the Criminal Code (involvement in terrorist activities, including in the activities of a terrorist organization, as well as financing terrorism) against prisoner Asgat Khafizov from Tatarstan. In 2017 Khafizov, as part of a group of eight people, was sentenced under Part 1 of Art. 205.5 of the Criminal Code (organization of the activities of a terrorist organization) for involvement in the activities of the radical Islamic party Hizb ut-Tahrir" to 19 years and two months in prison in a penal colony mode. Hizb ut-Tahrir was recognized as a terrorist group in Russia organization, despite the lack of information about its involvement in terrorist activities. Therefore, we consider it unjustified to accuse her followers of under articles on terrorism only on the grounds that they conduct party agitation.

At the beginning of the month in the city Uchaly (Bashkortostan) according to art. 20.29 of the Code of Administrative Offenses (dissemination of extremist materials) R. Bagautdinov was fined a thousand rubles for posting on his page in "VKontakte" the film "Miracles of the Koran", banned in 2011. In this historical educational video, we do not found neither calls for violence, nor incitement to hatred, nor discriminatory statements, in our opinion, he is sustained in an emphatically respectful tone to other religions. His ban was illegal and, accordingly, illegal administrative punishment for its distribution.

May 19 at Federal list of extremist organizations, paragraph 76 was added, under it the Autonomous non-profit organization "Charity boarding house" Ak Umut "- "Bright Hope". The organization was banned by two decisions of the Kirov the district court of Kazan back in 2014; in 2015 it was approved by the Judicial collegium for administrative cases of the Supreme Court of the Republic of Tatarstan. How follows from the text of the decision of the Republican Supreme Court, the reason for the ban the activities of the boarding house as extremist were the results of inspections, in during which the prosecutor's office found Islamic literature on its premises, included in the Federal List of Extremist Materials. The ban was filed following the results of the last of the inspections conducted in 2014, at the end of 12 months after the organization was issued a warning about inadmissibility of extremist activity. In the library of the boarding house there were discovered three religious books, which, in our opinion, were banned without proper grounds. Therefore, we believe that the organization has been recognized extremist wrongfully.

"Falun Dafa"

In May, we learned that the Supreme Court of Khakassia considers the claim of the prosecutor's office of the republic on the liquidation and recognition extremist unregistered Khakass regional public organization of spiritual and physical self-improvement of a person according to the Great The Law of Falun "Falun Dafa". The lawsuit went to court in March, but April, after involving interested parties in the process, its consideration was started from the beginning. The prosecutor's office is seeking a ban on the organization on the grounds that that its participants were distributing the treatise Zhuan Falun" written by the founder of Falun Dafa, Li Hongzhi, and did not stop this activity after in 2016 the head The organization was issued a warning. New religious movement "Falun Dafa" is built around the practice of qigong gymnastics combined with elements of Buddhism, Taoism, Confucianism. It is prohibited and prosecuted in China; in turn, adherents of the doctrine abroad sharply criticize Chinese authorities. Tractate "Zhuan Falun" was declared extremist on the grounds that it promotes the superiority of adherents ideology of "Falun Gong" over other people. From our point of view, propaganda of the truth of one's own beliefs cannot be regarded as incitement to hatred, and the book does not contain calls for violence, so the ban illegal. Since, from the point of view of the prosecutor's office, extremist The activity of the Khakass organization "Falun Dafa" consisted only in distributing this book, we consider the request to ban this organization unreasonable.

Jehovah witnesses

In May we learned about investigative actions against Jehovah's Witnesses in various Russian regions.

• in the Krasnodar Territory a criminal case was initiated under Art. 282.2 of the Criminal Code searched the homes of believers from two villages - Pavlovskaya and Kholmskaya. From 62-year-old Alexander Ivshin and a 43-year-old resident of the village of Pavlovskaya, subscriptions were taken about on their own recognizance, they received the status of suspects under CC. 1 and 1.1 Art. 282.2 about organizing the activities of the banned community and involving others in it;

• in Lesozavodsk Primorsky Territory, after a series of searches, Yevgeny Grinenko was sent to a pre-trial detention center, he became a suspect under Part 1 of Art. 282 of the Criminal Code, after that searches and interrogations in the city continued;

• in Maysky (Kabardino-Balkaria) searches were carried out at the homes of six believers, they were subjected to interrogation;

• in Krasnoyarsk criminal case under Part 1 of Art. 282.2 of the Criminal Code was initiated against Vitaly Sukhov;

• were held in Kerch searches in four homes of Jehovah's Witnesses, a criminal case under Part 1.1 of Art. 282.2 CC was filed against Artem Shabliy;

• V Komsomolsk-on-Amur were searched, interrogated and then released without election preventive measures four people;

• in the city of Vyazemsky In the Khabarovsk Territory, at least seven searches were carried out among believers. Young Sen Lee, 68, is suspected of organizing banned activities organization and involvement in its activities, a written undertaking not to leave was taken from him, 19-year-old Yegor Baranov was arrested for two months.

In May, two Witnesses Jehovah from Saratov - a native of Uzbekistan Felix Makhammadiev and Konstantin Bazhenov, who lived in Ukraine for many years and returned to Russia in 2009, were deprived of Russian citizenship. The reason was that both of them were convicted under Art. 282.2 of the Criminal Code. Sentence in accordance with Part. 2 Article. 22 FZ " On citizenship of the Russian Federation "became grounds for canceling the decision to acquire Russian citizenship by them.

Protestants

May 21st St. Petersburg City Court upheld the appeal prosecutor's office, overturned the decision of the Pushkinsky District Court and recognized extremist books and pamphlets by the American preacher William Branham (Branham) (1909-1965). Earlier, in December 2018, the Pushkinsky District Court refused to ban these materials. Recall that in a charitable organization was involved in the process as an interested party public organization "Evening Light", which distributed these editions. According to the expert opinion submitted by the prosecutor's office, the author books uses the techniques of neurolinguistic programming, puts his own the teaching is higher than the teaching of other churches and creates an "image of the enemy" in the face "Catholic (to which the author refers Orthodox) and Protestant churches", offending the feelings of "the respective groups of clergy and believers", calling opponents sectarians, and suggesting "ideas inferiority of a person due to his religious affiliation. "Pushkinsky the district court appointed a new expert examination, studied its results and case materials and, having listened to the opinion of the participants in the process, decided to refuse the prosecutor's office satisfying her requirements. The prosecutor's office with the decision of the Pushkin court did not agreed and challenged it in the city court, which ordered a new examination and, based on it, recognized the works of Branham as extremist. WITH from our point of view, there were no grounds for banning Branham's texts, since statements about the truth of one creed and the falsity of all others inherent in any religious teaching and should not be persecuted.

Sanctions for anti-religious statements

In May, the court fined a resident Shui Sergey Neustroev for three thousand rubles under Art. 20.29 Administrative Code (mass dissemination of extremist materials). He posted on VKontakte video for the song "Kill astronauts" by the band "Christ Ensemble" Savior and Mother Earth Cheese", the text of which was banned in 2017. Neustroev said in court that he added the video before the song was banned and deleted it him after he was summoned to the FSB. We believe that the song "Kill cosmonauts" was recognized as extremist wrongfully: it has obviously satirical character and ridicules obscurantism and primitive religiosity.