A native of Afghanistan was fined for lighting a cigarette from the Eternal Flame in Kurgan

Khalid Paygir was fined two million rubles under Art. 354.1 CC.

On November 28, 2023, the Kurgan Regional Court rendered a verdict under Part 3 of Art. 354.1 of the Criminal Code (desecration of the symbols of Russia’s military glory, insult to the memory of the defenders of the Fatherland) to a foreign citizen, a native of Afghanistan, Khalid Paygir. He was given a fine of two million rubles.

Paygir’s arrest was reported on March 2, 2023 by the Russian Ministry of Internal Affairs for the Kurgan Region. It was alleged that on the night of March 1, he drank alcohol near the Eternal Flame, “rearranged the wreaths” and lit a cigarette from the Eternal Flame. As the Investigative Committee later clarified, while intoxicated at the Obelisk of Victory in memory of the Kurgan residents who died during the Great Patriotic War, the accused “in the presence of his friend and other strangers... climbed and stood with his feet on the stylobate of the obelisk, where the Eternal Flame burns , from which he subsequently lit a cigarette, and also committed other actions that desecrated the symbol of Russia’s military glory.” The incident was recorded on a video surveillance camera located on the facade of one of the nearby buildings.

After his arrest, the court sent Paygir to a pre-trial detention center, but later the preventive measure was replaced with house arrest. On March 30, 2023, it became known that the person involved in the case was again placed in custody due to violation of the terms of house arrest.

On August 7, 2023, the Investigative Directorate for the Kurgan Region announced the completion of the investigation.

We believe that hooligan behavior like the one Pygear was accused of deserves condemnation. However, criminal prosecution can be justified only if crimes are committed that pose a significant danger to society, which we do not see in this case. Moreover, even by desecration of monuments we understand not only their direct damage; such “desecration” can be qualified not under Art. 354.1 of the Criminal Code, and under Art. 214 of the Criminal Code (vandalism). Let us also recall that in General Comment No. 34 to Art. 19 (freedom of opinion and expression) of the International Covenant on Civil and Political Rights The UN Human Rights Committee expresses concern about laws regarding acts such as, in particular, disrespect for flags and symbols. As for insulting the memory of non-specific defenders of the Fatherland, the criminalization of acts defined so abstractly, in our opinion, does not meet international legal standards in the field of human rights.

Sources

• Foreigner convicted of desecration of symbols of Russian military glory // Kurgan Regional Court. 2023. November 28.
• Criminal case card No. 2-14/2023 // Kurgan Regional Court. 2023. November 28.
• In Kurgan, the court for the first time sentenced a foreigner for insulting the memory of those who fell at the Eternal Flame // Kurgan Regional Court. 2023. November 28.
• The investigation into the criminal case of the desecration of the Victory Obelisk in memory of the Kurgan residents who died during the Great Patriotic War has been completed // Investigative Directorate of the Investigative Committee of Russia for the Kurgan Region. 2023. August 7.
• At the request of the investigation, a foreign citizen was re-arrested for desecrating the Victory Obelisk in memory of the Kurgan residents who died during the Great Patriotic War // Investigative Directorate of the Investigative Committee of Russia for the Kurgan Region. 2023. March 30.
• In Kurgan, police patrol officers detained a citizen suspected of desecration of symbols of military glory // Russian Ministry of Internal Affairs for the Kurgan Region. 2023. March 2.