Supreme Court Declares 'International LGBT Social Movement' Extremist - Even Though It Doesn't Exist

Will people in Russia now be persecuted for their orientation?

On November 30, the Supreme Court of the Russian Federation declared the “international public movement LGBT” an “extremist organization” and banned it in Russia. Thus, the court satisfied the claim of the Ministry of Justice, filed less than two weeks ago, on November 17. According to the version of the Ministry of Justice, with which the judicial branch agreed, “signs and manifestations of an extremist orientation, including incitement of social and religious discord” were found in the activities of the “LGBT movement.”

Meduza first published this analysis on November 17 and updated it on November 30, after the Supreme Court’s decision became known.

Russian authorities have been discriminating and persecuting LGBTQ people for years. In 2013, Russia banned “gay propaganda” among minors. In 2022, a law was passed banning “propaganda of non-traditional sexual relations and pedophilia” among people of any age. Against this backdrop, bookstores and libraries removed books covered by the law from their shelves, and references to same-sex relationships began to be cut from TV series and games . In June 2023, Russia began fining online cinemas for “LGBT propaganda” in published films and TV series.

In July 2023, Vladimir Putin signed a law banning "gender reassignment." The law prohibits changing the gender marker in a passport (the "Gender" column) and performing operations related to transgender transition. In addition, people who have changed their gender marker are prohibited from adopting children. The law also allows marriages to be annulled if one of the partners in a couple has changed their gender marker.

We don't know. Of course, there is no "international LGBT public movement" that would somehow "function" on the territory of the Russian Federation.

"This is not really an organization, this movement is not registered in Russia (and is unlikely to be registered anywhere). It has no charter or other documents, no structure or other features that would help identify this movement as a single entity, at least in theory," Valeria Vetoshkina, a lawyer for the human rights project "First Department," explains to Meduza.

Yes, and there have already been similar examples in the history of Russian justice.

• In August 2020, the Supreme Court recognized the " AUE movement" as an "extremist organization." The Prosecutor General's Office then stated that "AUE members committed extremist offenses, as well as mass riots."
• In February 2022, the Supreme Court recognized the “international youth movement Columbine” (another name used is “Schoolshooting”) as a terrorist organization. The hearing was held behind closed doors, since “the case contained information related to state secrets.” What exactly is unknown.

Formally, the law is in the way.

LGBT rights lawyer Max Olenichev, who collaborates with the First Department, notes that the Federal Law "On Combating Extremist Activity" allows only real structures to be recognized as extremist. A public association may be unregistered, but for a movement to exist, three characteristics are needed :

• holding a constituent assembly;
• approval of the charter;
• election of governing bodies.

Since the association “international LGBT public movement” does not exist, it is obvious that the Ministry of Justice could not provide evidence that it meets the necessary criteria, says Olenichev.

Unfortunately, we don’t know: as in the case of the Columbine case, the hearing was held behind closed doors. “The decision will not be published, and the statement of claim will not be available to us either,” says lawyer Valeria Vetoshkina.

Another lawyer , who gave a comment to Meduza on condition of anonymity, drew attention to the case number - AKPI23-990s:

Apparently, it is classified - the numbers of classified cases end with "s". That is, we will not even know the reasons why the "international LGBT public movement" is recognized as extremist.

Yes, this is more than likely, according to lawyers interviewed by Meduza. Here is what a lawyer who wished to remain anonymous says about this:

The Supreme Court interprets the concept of “participation in the activities of an extremist organization” broadly — as “the commission by a person of deliberate actions aimed at achieving the goals of an extremist organization.” In fact, after the court’s decision, any public LGBT activism can be qualified as participation in the activities of an extremist organization.

If a person publicly positions himself as an LGBT activist, the authorities may pay increased attention to him, investigate his social networks, and collect information about his activities, lawyer Max Olenichev lists:

Further developments depend on their imagination: if they connect the activities of an LGBT activist with the activities of a non-existent organization, the “international LGBT public movement,” then they will have grounds to bring him to administrative (i.e., for “demonstrating symbols”) or criminal liability. Formally, the activist’s activities are not part of the activities of the non-existent organization, the “international LGBT public movement.” However, in practice, law enforcement agencies can convince the court otherwise. Similar consequences may occur for any LGBT initiatives.

From the moment the court decision on the prohibition of the activities of an extremist organization comes into force, it is impossible to:

• participate in its activities (part 2 of article 282.2 of the Criminal Code of the Russian Federation ) - up to six years of imprisonment;
• financing “extremist” activities ( Article 282.3 of the Criminal Code of the Russian Federation ) – up to eight years’ imprisonment;
• being the organizer of such a community (part 1 of article 282.2 of the Criminal Code of the Russian Federation ) – up to 10 years of imprisonment.

In addition, if you violate one of the prohibitions, you can end up on the list of terrorists and extremists of Rosfinmonitoring, after which the person will have their bank accounts blocked and will be allowed to spend no more than 10 thousand rubles per month per family member.

We don't know for sure - it will be clear only after the first court decisions appear. But if we evaluate the judicial practice related to the "AUE movement", we can conclude that any person who talks about the rights of LGBTQ people is under threat - both publicly and in private conversations.

• On August 7, 2023, the Zheleznodorozhny District Court of Khabarovsk sentenced a 41-year-old prisoner serving his sentence in the regional correctional colony No. 3 to four years in a strict regime colony under Part 2 of Article 282.2 of the Criminal Code. According to the investigation, the convicted man, while in the correctional facility, "promoted the AUE ideology among other prisoners."
• On August 10, 2023, the Investigative Committee of the Russian Federation for the Irkutsk Region reported the initiation of a criminal case under Part 2 of Article 282.2 of the Criminal Code against a 36-year-old detainee. According to investigators, while in the regional pretrial detention center No. 5 from April to July 2023, he "promoted the activities of the banned AUE movement and explained its ideology."
• On August 7, 2023, the Investigative Committee of the Russian Federation for the Republic of Bashkortostan reported the initiation of a criminal case under Part 2 of Article 282.2 of the Criminal Code. The suspect in the pretrial detention center "conducted propaganda conversations among prisoners", produced and distributed materials with AUE symbols, "thereby promoting criminal and extremist ideology among other pretrial detainees."

"What do we see? He was holding conversations, demonstrating symbols - that means he was propagandizing. That means, part 2 of article 282.2 - participation in the activities of an extremist organization. This means that now the police will decide whether to open a case under the administrative article 6.21 of the Code of Administrative Offenses on "propaganda", or to transfer the case to the Investigative Committee of the Russian Federation to initiate a criminal case," the lawyer who helped us collect court decisions tells Meduza. Another lawyer , who asked not to be named, agrees with him:

Ordinary people rarely risk saying something that would make them “AUEshniks” — after all, it’s aimed at a completely intra-prison subculture or at a street youth subculture that exists outside. But with LGBT, everything is simpler. Any person, even if they are not an LGBT person, can say that LGBT rights are human rights. And then — whoops.

In addition, in addition to “participants” and “organizers,” the fictitious “international LGBT public movement” may also have “supporters” – these people will be restricted in their rights by the authorities.

It is quite possible that you are entering.

"Supporters," according to the authorities, are people "involved in the activities" of "extremist" organizations. That is, everyone who helped or helps such organizations with donations ("provision of funds, property assistance"), advice ("provision of advisory, organizational and methodological assistance") or in some other way ("provision of other assistance"). Involvement, the authorities believe, is also expressed in participation in actions ("implementation of goals and forms of activity") and even simply in approving comments ("expression of support through statements, including statements on the Internet").

"Supporters" may be banned for a long time from running for elections at any level - municipal, regional and federal. This has already happened to supporters of Alexei Navalny and FBK. This restriction applies to all people who were involved in the organization's activities in one way or another at least once during the year before the organization was recognized as "extremist" and banned. It is valid for three years from the date of the court's decision "to liquidate or ban the activities of an extremist or terrorist organization."

This means that those who, since the fall of 2022, have at least once expressed approval of LGBTQ individuals online, held a picket in defense of their rights, or transferred money to an LGBTQ human rights organization, may be prohibited from running for office at any level.

Most likely, yes. A lawyer who spoke to Meduza on condition of anonymity is sure that problems can arise for anyone, even if the person is not an activist, but he spoke out about the fact that gays should have equal rights with other people:

At the same time, I believe that all LGBT representatives will not have problems, of course. It is unlikely that all gays will be rounded up en masse on the streets or dragged out of their apartments in the morning. But those who show up in any public activity are at risk. And it seems to me that this is another norm that will work in a very random, pinpoint way, but will frighten everyone.

Experts from the human rights organization “Public Verdict” also write that “there are risks that some forms of declarations about one’s orientation may be recognized as recruitment or involvement in the activities [of an extremist organization].” “Any action, from wearing certain symbols to words of support for LGBT, can be interpreted as extremist actions or their justification,” confirms Eva Levenberg, criminal cases coordinator for OVD-Info.

In addition, the LGBT community will face other negative consequences. The activities of LGBT initiatives will become virtually invisible, and LGBT people will be able to receive assistance from them (for example, legal and psychological consultations, social support) only with major restrictions, says lawyer Max Olenichev:

The lawsuit, initiated by the Ministry of Justice, aims to make LGBT people invisible, to ignore their needs, to perpetuate stereotypes and prejudices in society, and to create an atmosphere of fear and violence.

It depends on what actions we are talking about.

Lawyers from the human rights organization “Public Verdict” note that the notes to Article 282.2 of the Criminal Code of the Russian Federation state:

A person who has committed a crime under this article for the first time and voluntarily ceased participation in the activities of a public or religious association or other organization in respect of which a court has made a decision that has entered into legal force on liquidation or prohibition of activities in connection with the implementation of extremist activity, shall be released from criminal liability unless his actions contain another element of a crime.

There are similar reservations in the article on financing an extremist organization. Ordinary members of an extremist community who voluntarily left it are also exempt from criminal liability. A lawyer who asked for anonymity also reminds that retroactive force of the law does not work in either the Criminal Procedure Code or the Code of Administrative Offenses.

At the same time, there are cases in law enforcement practice that do not allow us to say that there is no danger at all, for example, the case of Lilia Chanysheva. Chanysheva headed Navalny's headquarters in Ufa for four years, but by the time of her detention and arrest in November 2021, she no longer had any connection to the politician's structures. At the same time, the Kirovsky District Court of Ufa sentenced Navalny's associate to seven and a half years in prison. She was found guilty of "calls for extremism", "creation of an extremist community" using her official position, and "creation of an organization that violates the rights of citizens."

When asked whether LGBTQ activists should be wary of Chanysheva’s example, a lawyer Meduza spoke with responded as follows:

We don’t know whether Chanysheva is being persecuted for what she did before the decision to recognize Navalny’s structures as extremist came into force, or for what she did after (since we are talking about an extremist community, then probably after). No one is stopping us from applying similar logic to LGBT activists.

Unfortunately, none of this applies to posts and photographs on the Internet - they can be held liable at any time after the court decision comes into force.

Online postings are what is known as a continuing offense. The statute of limitations in this case is calculated not from the moment of publication, but from the moment when law enforcement agencies claim to have discovered the post (regardless of when they actually found it).

This means that even a repost of LGBTQ symbols made 10 years ago can result in punishment, if the police manage to record it after the Supreme Court’s decision.

For the first such "violation" there is a risk of administrative liability under Article 20.3 of the Code of Administrative Offenses , the maximum punishment is arrest for 15 days. For repeated "propaganda" or "public demonstration" within a year, one can already be brought to criminal liability under Article 282.4 of the Criminal Code of the Russian Federation , the maximum punishment is imprisonment for four years.

At the same time, it is unlikely that a person will be charged as a “participant” of a community for an old post on social networks and immediately open a criminal case against him — even if the police consider the post to be “propaganda” of something, as in the examples with AUE. The fact is that in the case of “participation,” the act must begin after the Supreme Court’s decision comes into force. However, we do not know whether the investigation can consider a post posted after the “international LGBT public movement” was recognized as extremist as “participation.” Probably, the investigation will need other signs of a crime for this — but it is difficult to judge this without having practice.

We don’t know – most likely, its list can only be compiled based on judicial practice, explains Valeria Vetoshkina.

“I have been repeating for several years now that under Article 20.3 of the Code of Administrative Offences, liability may arise (if we are talking about liability for the display of extremist symbols) for the display of only those symbols, the description of which is contained in the constituent documents of the organization in respect of which the court has made a decision that has entered into legal force on liquidation or prohibition in connection with the implementation of extremist activity (based on the provisions of the Federal Law “On Combating Extremist Activity” ),” says the lawyer.

But in practice, people are prosecuted under this article for demonstrating symbols that were not in the organizations’ charter documents (moreover, they are prosecuted even for demonstrating symbols of organizations that did not have documents at all). It is possible that a similar situation will develop with LGBTQ symbols, concludes Vetoshkina.

"When FBK was recognized as extremist, all symbols were ultimately banned: the Smart Voting emblems, and even the red exclamation mark, which was used to designate Navalny's structures," recalls the lawyer Meduza spoke with. "They even fined for the red exclamation mark used in a certain context, that is, in connection with Navalny's structures," the lawyer continues. It is possible that the situation could repeat itself with the "international LGBT public movement," he concludes.

It is not easy even now: for “propaganda of non-traditional sexual relations”, the definition of which is rather vague , the media can already be fined up to 400 thousand rubles.

After the Supreme Court's decision comes into force, it will become even more difficult: the media, bloggers and ordinary people on social networks will have to mention every time that the authorities recognized the "international public movement LGBT" as extremist and liquidated it. The fine for failure to mention the "extremist" status for legal entities is up to 50 thousand rubles, for individuals - 2.5 thousand rubles.

In addition, the law prohibits the media from distributing "extremist materials." This is considered an "abuse of freedom of the media." In Russia, there is a federal list of extremist materials, which is compiled by the Ministry of Justice based on court decisions. If any materials from the "international LGBT public movement" end up on the federal list, their distribution will be punishable by a fine of up to one million rubles or even suspension of the media outlet's activities for up to three months.

Unfortunately, there is. On September 28, the State Duma adopted in the first reading a bill on punishment for "justification and propaganda of extremism." At the same time, the Criminal Code already has Article 280 on public calls for extremism (up to five years of imprisonment). Now they want to supplement it and rename it "Public calls for extremist activity, public justification of extremism or propaganda of extremism."

What is considered "calls to extremism" now?

To know

For example, the authorities consider "extremist activity" to be a violation of the secrecy of voting, "combined with violence or the threat of its use," or (with rare exceptions) the use of Nazi paraphernalia or symbols. And also a public and "deliberately false accusation" of committing extremist crimes against the country's president. Calls for committing such crimes may well be punished.

That is, if you encourage other people to knowingly falsely claim that Vladimir Putin is a member of the “international LGBT public movement,” you may be punished.

The authorities plan to punish for “justifying” and “propaganda” of extremism in the same way as they currently punish for calls for extremist activity.

For public statements that the "ideology of extremism" is "correct, in need of support and imitation" (this is how the "justification" of extremism is described in the bill), one can get up to four years in prison. The same four years will also be threatened for "propaganda" of extremism - that is, for "dissemination of materials or information aimed at forming in a person the ideology of extremism, conviction in its attractiveness, or the idea that it is permissible to carry out extremist activity."

For both “propaganda” and “justification” of extremism on the Internet (or in the media), the possible prison term is increased to five years. Unfortunately, this may also affect people who speak out about LGBTQ.

Only after the statutory period for appeal has expired - according to the Code of Administrative Procedure of the Russian Federation, a month is given for this (even if no one appeals the decision). "First Department" writes that this will happen on January 10, 2024 .

On the eve of the trial , a group of activists and human rights defenders registered an organization called the International LGBT Public Movement and hoped to join the case as an interested party. However, on November 30, only representatives of the Ministry of Justice were allowed into the courtroom; there was no one from the "defendant" at the hearing.

Here is what one of the group’s members, human rights activist and one of the founders of the Russian LGBT Network, Igor Kochetkov, told Meduza:

We proceeded from the fact that we need to put the Supreme Court before the necessity: either to do the right thing or to admit that this case is fabricated. If they do not allow the International LGBT Movement into its own case, it means that there is no case. And it is important that people around understand this.

We wanted to do this while maximally protecting the people who are in Russia. That is why the movement today consists of five people, and all five are abroad. In this sense, we took the blow upon ourselves, in order to distract it from the others at least for a while.

At the same time, the opinions of experts interviewed by Meduza regarding this initiative were divided. Lawyer Valeria Vetoshkina considers it conceptually successful:

Of course, when there is a structure and specific individuals that can be involved, it can distract the authorities' attention. At the same time, there is a legal component: the Ministry of Justice had to file a lawsuit against a specific organization that can be identified. Now this is no longer possible, and creating a movement retroactively will not help much.

A criminal defense lawyer was skeptical about the idea:

There can be no useful initiative here. The emergence of the "International LGBT Movement" will confirm the position of the Ministry of Justice that this movement really exists. It would be interesting for interested parties to join the process, but this could not lead to the Supreme Court refusing to recognize the movement as extremist. LGBT persons who have suffered from discrimination will be able to work with international organizations (for example, the UN).

The experts at Public Verdict recommend checking your social networks for any information or symbols that the authorities may consider “seditious,” and preparing to remove them in advance—before the Supreme Court’s decision comes into force.

Here’s what else experts interviewed by Meduza advise LGBTQ individuals and activists:

• If possible, delete accounts from social networks controlled by Russian authorities;
• Do not use or keep LGBTQ symbols (for example, rainbow flags) at home;
• If you are not ready to interact with the state, lawyer Valeria Vetoshkina advises you to remove all mentions of sexual identity from social networks;
• use a VPN when sending requests for assistance or communicating on LGBT issues. “People and initiatives that have managed to leave the country have already set up their work and are ready to provide legal, psychological, emergency and social assistance to LGBT people in Russia. Do not hesitate to ask for such assistance,” says lawyer Max Olenichev.
• Psychologists from the Sfera Foundation remind us that preserving yourself is a specific task and work. Most likely, you won’t be able to do nothing and feel stable. It’s important to remember that you haven’t done anything wrong. You have the right to be yourself and feel the way you feel. In addition, it’s especially important now to take care of yourself and do what makes you happy. “You can do it — and that means you control your life and continue it no matter what,” the experts explain.
• The LGBT Resource Center has published a memo with useful recommendations on finding support during times of instability - perhaps the advice of the organization's psychologists will help you.

At the same time, lawyers and attorneys interviewed by Meduza agree that everyone should make the decision to leave the country for themselves — not everyone has the resources or desire to do so. However, every LGBTQ person in Russia will now have to regularly assess the risks — and build their life with them in mind.

Unlikely.

In some cases, this may help to avoid drawing attention to your activities. But if law enforcement agencies become interested, such a screen can easily be destroyed, explains lawyer Max Olenichev:

Unfortunately, Russian courts often use operational reports from police officers as admissible and reliable evidence. Therefore, they can describe a person's activities as an LGBT activist, attaching, for example, screenshots from social networks. At the same time, I do not urge you to panic. Everyone should assess their risks individually. If necessary, consult with relatives, colleagues, lawyers. And only then decide how to continue working or to show yourself outwardly as an LGBT person.

The fact that the authorities are going to recognize the “international LGBT public movement” as extremist, and not “LGBTQ+,” will not help either, says lawyer Valeria Vetoshkina:

On the one hand, LGBTQ+ is indeed broader than LGBT. On the other hand, no one will ever prove to the security forces that you belong to the “K+” part , and the difference between the abbreviations will be too complicated for the authorities.

Pyotr Sapozhnikov with the participation of Kirill Olgin