LGBT+ way

How Russians will be punished for participating in the new "extremist movement"

On November 17, the Ministry of Justice of Russia filed a lawsuit in the Supreme Court on the recognition of the "international public movement of LGBT" by an extremist organization and its ban. According to the department, “in the activities of the LGBT moves functioning in the territory of the Russian Federation, various signs and manifestations of an extremist orientation were revealed, including the excitement of social and religious growth.” The claim for the claim is scheduled for November 30.

How exactly the “LGBT move” excites social and religious discord-is not specified. It is also unknown what is meant by the "international public movement of LGBT." There is no organization with this name, therefore it is likely that the Ministry of Justice refers to all the LGBT communities. In Russia, subcultures and groups of people who do not have a single association and a clear structure have already been prohibited. For example, in 2022, Columbine (“ideology” of jokes at school) was recognized as a terrorist organization, and two years earlier the “prisoner’s way” (AUE) - extremist. The new newspaper Europe tried to figure out what awaits representatives of the LGBT community and how they can begin to pursue them.

"There is no international LGBT movement"

The experts surveyed by Novo-Europe called the minista formulations absurd.

“There is no international LGBT movement, it simply does not exist. This is some kind of organization invented by the Ministry of Justice himself. It is difficult to say what it will mean. Most likely, this is the same thing that implies different departments when they talk about some kind of movements-Childfri or Feminism, ”said Alexander Miroshnikova, spokeswoman for the crisis group SK SOS , which helps LGBTK+ people in the North Caucasus.

Presumably, the ban initiated by the Ministry of Justice will concern any information about the LGBT community and any public demonstration of relations between people, according to SOS SK.

“The demonstration of symbols regularly falls under the law on the prohibition of propaganda of LGBT, although it does not specify that some rainbow symbolism is propaganda.

Therefore, most likely, if the lawsuit is accepted and approved, then any LGBT symbolic, of course, will also become "extremist",-the human rights defenders explain.

In their opinion, on the one hand, the recognition of the “international public movement of LGBT” with an extremist organization is a logical continuation of the already adopted laws, and is more likely propaganda. “Just once again, the authorities demonstrate the correct ideological vector to society, more superior to certain moods, showing what is right and what is wrong, who is“ their own ”and who is“ strangers ”,” says Miroshnikova.

On the other hand, if the lawsuit approves, then any activities of human rights activists and lawyers related to the LGBT community, and in general, people's lives will become much more complicated, state in SOS SK.

“The protection of the LGBT community will actually become extremist activity, which means that our work will become not just more complicated, but almost impossible. All our employees will be at the risk of persecution ",

-said the press secretary of the crisis group SK SOS.

How to protect yourself?

A lawyer who asked to remain anonymous believes that it is necessary to exclude the external manifestations of LGBT. Do not keep at home, not demonstrate, not publish external paraphernalia that experts of the Ministry of Justice, the Ministry of Internal Affairs and the FSB will be able to interpret as a prohibited extremist organization related to the activities of the prohibited.

This, according to the interlocutor of Novo-Europe, can be a variety of flags and graphic images.

“The fact is that there is no single register of symbols,” the lawyer explains. - Each time, experts give an answer to this question with references to certain manuals. It can be assumed that the manuals of the definition of a particular symbols related to the activities of the LGBT are already preparing in the Ministry of Internal Affairs and in the Ministry of Justice, or maybe even ready.

A demonstration of the symbolism of an extremist organization is punished with us under Article 20.3 of the Code of Administrative Offenses as a demonstration of swastika and other similar things. At the same time, as we see from practice, for the same symbolism of the organization of Alexei Navalny, people are punished even if this symbolism appeared on pages on social networks Facebook and Instagram, which seems to be officially blocked. Blocking in no way protects against persecution.

If someone in 2003 had a rainbow flag on the page in Vkontakte, then this flag may well cause pursuit under Article 20.3 of the Code of Administrative Offenses and arrest, for example, for 10 days.

According to the lawyer, it is definitely worth checking even old posts on pages in social networks.

The interlocutor of Novaya Gazeta Europe suggests that any publications with mentioning a combination of LGBT letters will need to be accompanied by a dick: “The organization is recognized as extremist, prohibited in the Russian Federation.” He believes that this will concern not only the media, but also all citizens. Otherwise, a fine under article 13.15 of the Code of Administrative Offenses (abuse of freedom of the mass media).

- The most unpleasant thing is that until practice is formed, we will not understand how much roughly speaking, [rainbow] flags in a row forms participation in activity or propaganda. It is one thing by an accidentally placed flag, or maybe there should be three, four, five, 10 on the same page on the social network?

It is important to indicate that the filing of the claim itself does not mean its satisfaction. Satisfying the claim does not mean the entry into force of this decision. Suddenly someone appeals or the Ministry of Justice will change his mind. But after making an organization, all negative consequences occur to the register of the Ministry of Justice. Given that the department is the plaintiff, it can be assumed that entry into force and adoption in the register can occur simultaneously.

The lawyer of the “First Department” Maxim Olenichev believes that most likely on November 30, the court recognizes the extremist “LGBT International Movement”. However, what will happen next and how the solution will be implemented in practice is difficult to say, the lawyer points out.

According to him, the authorities may try to hold specific people or organizations accountable for participating in the activities of an extremist organization or a demonstration of LGBT symbolism. For the distribution of such symbols for the first time there will be administrative responsibility, and on the second - it may already be criminal, the lawyer noted.

“To people who do not participate in any movements, I think, this story will not be applied, because nevertheless, LGBT moves exist in order to make social changes. And if people participate in events that are aimed at social changes, then they are at risk. If people closed and live like LGBT people, do not call anyone to anything and do not disseminate information about LGBT, then this story is not applicable to them, ”the lawyer believes.

You cannot prohibit the subculture

By law, only a specific organization that really exists can recognize extremist, so the Ministry of Justice was obliged to indicate its name in the lawsuit. “Not just the movement, for example, for the rights of women, against abortion or for equality, but a specific organization,” Olenichev explained.

Speaking of similar decisions, the lawyer recalled the Columbine, which was recognized as a terrorist organization precisely as a movement. “However, I did not hear that they would then hold someone accountable for participating in this movement,” he said.

The lawyer, who asked to remain anonymous, noted that the most similarities of the current claim with the decision to recognize the Aue as an extremist organization.

“Then the Prosecutor General’s Office indicated that the AUE subculture is“ this is a well -structured, controlled organization of an extremist orientation. ” And "representatives of this informal association are involved in the preparation of riots, therefore their activity poses a real threat to the life and health of citizens, society and the state." Such formulations are possible in the case of LGBT community, ”says the interlocutor of Novo-Europe.

- The prosecutor's office also referred to the fact that AUE was actively "involved in adolescents whose psyche is most susceptible to destructive effects." Therefore, the ban on AUE - here, accordingly, insert LGBT - "will help to more effectively protect the interests of the younger generation and contribute to the healing of society." "

In his opinion, there is no AUE as an organization, but there is only a subspecies of a prison subculture. Therefore, law enforcement agencies had to at least somehow call this movement, since it was impossible to prohibit the subculture as a kind of abstract phenomenon.

“Therefore, the Supreme Court sided with the Prosecutor General’s Office and decided to create such a community as the international public informal organization AUE. And all the people who in one way or another support the prison subculture refuse to cooperate with the administrations, to recognize activists with international informal organizations AUE. It can be assumed that, most likely, the recognition of the “extremist organization of LGBT” will look like the same way. Despite the fact that LGBT is just an abbreviation uniting four of many possible gender assessments, ”the lawyer explained.

Speaking about the practice of prosecution of criminal cases related to the extremist organization of AUE, he noted that participation in this organization consisted of demonstrating external attributes - tattoos and conversations "with the promotion of participation in AUE activities."

How to pursue AUE and "Columbine"

Criminal prosecution with real terms may threaten under an article on the organization of the activities of an extremist organization (Article 282.2 of the Criminal Code).

In March alone, the court in Kyzyl sentenced a local resident to four years in a maximum security colony for “participating in AUE” (part 2 of article 282.2 of the Criminal Code). According to this article, in the case of AUI, they mainly persecute people who are already in conclusion.

For publications on social networks, protocols are being developed under an administrative article on promotion or public demonstration of symbols of an extremist organization (20.3 Code of Administrative Offenses). Under this article, ordinary citizens can also be persecuted, including students , artists , journalists . For example, in October of this year, in Krasnoyarsk, under an article on the demonstration of Aue's symbols, the artist Vasily elegus was fined due to the installation in the form of a non-waist with prison tattoos.

In 2021, a journalist from Yoshkar-Ola Alexei Seryogin was fined for 1,500 rubles for the post of 2019, in which the man wrote about the attack of adolescents on State Duma deputy Boris Chernoshov. Young people attacked the deputy with the shouts of Aue, an image with the symbols of the organization was attached to the post.

The fines for this article are small: for the demonstration of symbols, the maximum collection amount is 2000 rubles, for the manufacture and sale of objects with symbols - 2500 rubles.

However, attracting this article imposes some restrictions on citizens. For example, journalist Seryogin suggested that his fine was part of the “election cleaning” (the fine was scheduled in July, and the elections were held in September).

“Under the new laws ( in 2021, Russia has adopted a law prohibiting people involved in extremism, participate in the elections. - Approx. Ed. ) This article (20.3 Code of Administrative Offenses) leads to the impossibility of running for a run. This is the removal of people whom the special services considered possible leaders of public opinion with an unsystematic agenda. In my last six months, views of materials on social networks have grown. I was not going to run for any elections, but they did not know about it and decided to play for a pre -free, ”the journalist told 7x7.

In addition, in Russia, the publication of posts in social networks is considered a last crime. A fine can be assigned for a post with AUE symbols, published eight years ago, despite the fact that the movement itself was recognized as extremist only in 2020.

This is not the only case when a group of people who did not have a real structure was banned in Russia. In 2022, the “movement” “Columbine” was recognized as a terrorist organization.

In September last year, the FSB reported on the holding in 46 regions of Russia searches among 187 participants in the “movements” “Columbine” and “Maniacs. The cult of murders. "

“In 46 regions, operational-search measures and investigative actions were carried out against 187 citizens of Russia, participants in the community of the ideology of massacres administered by moderators of the Columbine terrorist movement and the Ukrainian radical group“ Maniac. Cult of the killings ”,” the report said.

That is, actually searches were carried out by subscribers of Internet Pliks. The FSB claimed that they seized cold weapons and means of communications from 30 people, in which they found correspondence "with Ukrainian ideologists of mass killings and participants in nationalist armed groups."

The head of the SOVA information and analytical center and a member of the HRC, Alexander Verkhovsky, believes that the recognition of Columbine will not lead to a decrease in the number of jokes in schools.

“This is done to tighten responsibility in relation to community participants on the Internet, where they are chatting, and not for those who go to shoot schools.

In such thematic groups, something romantic about columbiners is written mainly by teenagers. But now their chatter is regarded as an object for pedagogical activity, in extreme cases, the communities are blocked, ”says Verkhovensky.

Basically, in terrorist matters about Columbine, teenagers are really pursued. So, in Bashkiria, the 17-year-old graduate of the school was detained on suspicion of the propaganda of Columbine for the “spread of the ideology of movement in social networks”, and in Yakutia the 11th grader was sent in a pre-trial detention center in the case of public calls for terrorism for publishing a video with firing at the American school in 1999 with the words “we can repeat”.

Novyevropa did not find information about persecution for participation in the Columbine movement in open sources, that is, 205.4 of the Criminal Code. At the same time, the defendants in cases of preparing for terrorist attacks in schools are often “ turned out to ” the supporters of the Columbine.