In Kurgan, a case was opened under Art. 354.1 of the Criminal Code for lighting a cigarette from the Eternal Flame

A drunken Kurgan hooligan at the Eternal Flame and became a defendant in a case initiated under Art. 354.1 of the Criminal Code.

On March 2, 2023, the Russian Ministry of Internal Affairs for the Kurgan region announced the arrest of a 29-year-old native of one of the "Asian republics", who was suspected of desecrating the Eternal Flame. The investigating authorities opened a case against him under Part 3 of Art. 354.1 of the Criminal Code (desecration of the symbols of Russia's military glory, insulting the memory of the defenders of the Fatherland).

It is alleged that on the night of March 1, the suspect drank alcohol at the Eternal Flame, "arranged wreaths" and lit a cigarette from the Eternal Flame. He was identified by CCTV cameras. After the arrest, the court sent him 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 conditions of house arrest. He was also changed the status of the case - now he is a defendant.

We believe that such hooligan antics deserve condemnation. However, criminal prosecution can be justified only in the case of crimes that pose a significant danger to society, which we do not see in this case. Moreover, even to understand by the desecration of monuments 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). We 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 the laws on such actions as, in particular, disrespect for the flag and symbols. As for insulting the memory of non-specified 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

• At the request of the investigation, a foreign citizen was re-arrested for desecrating the Obelisk of Victory in memory of the Kurgan people who died during the Great Patriotic War // SU IC of Russia for the Kurgan region. March 30, 2023
• In Kurgan, police officers detained a citizen suspected of desecrating symbols of military glory // Russian Ministry of Internal Affairs for the Kurgan region. 2023. March 2.