Ex-candidate for State Duma deputy arrested under article of inciting hatred

The court arrested Mikhail Lobanov for fifteen days because of publications critical of the so-called. "special operations".

On June 24, 2022, the Nikulinsky District Court of Moscow arrested Mikhail Lobanov, ex-candidate for deputy of the State Duma, for fifteen days under Art. 20.3.1 of the Code of Administrative Offenses (inciting hatred), and also imposed a fine of forty thousand rubles on him under Part 1 of Art. 20.3.3 of the Code of Administrative Offenses (discrediting the armed forces of the Russian Federation).

The reason for the persecution under these articles was Lobanov's posts in social networks. One of them is about sending Chechen military and volunteers from the Middle East to Ukraine as part of the so-called. "special military operation". In his publication, Lobanov calls volunteers from the Middle East “militants” and ends the post with the words “This is the “Russian world”. Do not mix it up.” The second publication contains criticism of the economic course of the Russian government - in it Lobanov argues that, in his opinion, the government supports the most wealthy segments of the population, ignoring the situation of the less socially protected groups.

The expert who drew up the conclusion on the basis of which Lobanov was arrested considered that the first post contains signs of inciting hatred towards Chechens, Muslims and people from the Middle East, and the second contains signs of humiliation in relation to the social group "Russian officials and members of the Government" and discrediting activities Russian armed forces.

We consider the persecution of Lobanov under Art. 20.3.1 of the Code of Administrative Offenses illegal. First, from our point of view, Russian officials and members of the government should not be considered a vulnerable social group protected by Art. 20.3.1 of the Code of Administrative Offenses. Moreover, we are generally in favor of excluding the vague concept of "social group" from anti-extremist legislation. As for Lobanov's statements, which law enforcers interpreted as inciting national and religious hatred, from our point of view, they are not based on ethnic or religious prejudices, and are directed against political opponents, participants in the special operation, therefore their qualification under Art. 20.3.1 of the Code of Administrative Offenses is unreasonable.

In addition, we consider the persecution of Lobanov under Art. 20.3.3 of the Code of Administrative Offenses. In our opinion, the introduction into the legislation of a ban on discrediting the actions of the Russian armed forces and government agencies abroad was an unreasonable restriction on the right to freedom of expression, designed to suppress criticism of the political course of the authorities. Therefore, we also consider prosecution under the relevant articles for statements that do not contain direct calls for violence to be unlawful. Note that in relation to Lobanov, another protocol was drawn up under Art. 20.3.3 of the Code of Administrative Offenses - for the anti-war poster, which he hung out on his balcony; this protocol is to be reviewed separately on 27 June.

Sources

• Based on social media.