Any Internet user in Russia could face persecution for expressing their thoughts. More and more people get real dates. Sometimes it is enough likes or repost to against you has initiated a criminal case on extremism, insulting the feelings of believers or fined under the administrative code. Vulnerable all, from polydactylies to journalists, from school teachers to unemployed residents of small cities.
Show full…
Some lawyers say that the best way to avoid prosecution for “Internet articles” — self-censorship. Users urge be careful to choose expressions, hard to think before you post anything, and to avoid conflicts. However, article 29 of the RF Constitution guarantees each Russian citizen freedom of thought and expression. We will talk about how to protect this freedom.
Why is it important?
From the interest of fighters with extremism no one is immune. Here are some examples of punishments for speaking out in the network. In 2011, the inhabitant of Tatarstan have fined for nearly a screenshot of a frame from the film “American history X” about neo-Nazis (the film itself is not prohibited in Russia). In 2013 the inhabitant of Pervouralsk received 120 hours of obligatory works for the comment under the entry about the New year, where she called the holiday “an ancient Celtic ritual.” In 2015, a journalist from Smolensk fined 1000 rubles for the demonstration of Nazi symbols: the girl posted a photo of his yard during the war and overlooked the flag of Nazi Germany. In the same year, the anarchist from the city of Ivanovo was fined 100 thousand rubles for the repost account with a call to protest against the existing political regime.
This is just the tip of the iceberg. Sometimes cases are brought on very strange occasions: against speaking out about the unflattering behavior of his fellow citizens in Turkey the Russians, who wrote a poem about the President of the Russian Federation of a school teacher and comparing Russia with Venezuela blogger. Learn more about absurd against extremism in modern Russia can be read here and here. And information-analytical center “Sova” has long Chronicles “misuse of anti-extremism”.
Anti-extremist article, we must remember, it is also articles about violent hate crimes. And five years ago they gave the bulk of law enforcement. Now the main array is different kinds of statements (mainly article 280 and 282, but not only). The vast majority of sentences cannot be called illegal. Most often it is about incitement to violence and discrimination or on serious forms of racism. Although often pursued not very dangerous speech, simply because of their small audience. Wrongful convictions for statements has always been, and remain within 10% of the total weight. A lot or a little? As you look at it… there Was some deterioration associated with the war in Ukraine, but it fizzles. Of course, the proportion of sentences (whether lawful or not essentially) the statements made on the Internet is growing, and has grown already up to 90%. It is clear: first, there almost all speak and, secondly, to seek there also easier, especially in “Vkontakte”, which is easy to obtain the data of the authors.
By what law can condemn you for expressing your own opinion?
Careless is a saying in Russia provides both criminal and administrative liability. Here are the main articles.
In the Criminal code:
Article 282. Actions aimed at the incitement of hatred or enmity, and also on humiliation of dignity of a person or group of persons on grounds of sex, race, nationality, language, origin, attitude to religion, as well as affiliation to any social group, committed publicly or with use of mass media
Article 280. Public calls for extremist activities
Article 280.1. Public appeals to implementation of actions aimed at violation of territorial integrity of the Russian Federation
Article 148. Public actions, expressing obvious disrespect for society and committed to insult the religious feelings of believers
In the Code of administrative offences:
Article 20.29. Mass distribution of extremist materials (if by that time declared extremist).
What rate to apply in each specific case solves the investigator.
One of the main problems associated with these laws is the vagueness of concepts. This is especially true in the case of 148 and 280 articles of the criminal code.
When the law is formulated under a certain emergency (or suspected emergency or acute) social or political inquiry, rarely turns out well. [A draft law on insulting the feelings of believers in 2012], obviously done retroactively under the case of Pussy Riot. Turned out bad. Turned out the hybrid formulations of articles 213 and 282, it is unclear what the design of the criminal code.
Enforcement is appropriate. Article 280 to 2002 had quite a normal composition, but has been renamed “calls to extremist activities” was dependent from the ridiculous definitions of this activity in the relevant law. For example, this law can definitely say that it was planned not for repression, and in order to make life easier for law enforcement agencies and in response to the demands of society on combating extreme right. But bad design has made enforcement of election knowingly that in a few years led to the idea to use the law as a bludgeon.
As there are such things?
On a tip-off. Many criminal and administrative cases for statements online appear after denunciation. Write them “believers” whose feelings were supposedly astrobleme, professional wrestlers with dissent and just “vigilant citizens”. In this case, the Snitch gets the status “applicant” and the data included in investigation materials.
From the police. In the role of initiator of a criminal case can be militiamen. The code of criminal procedure provides for the initiation of proceedings based on a report about the discovery of a crime (article 140). In this case, even if the basis case and was based on a denunciation, to know it will not work. Theoretically it is possible for a magistrate to improve the statistics of solved myself looking at the pages in social networks, finds content that, in its opinion, may be the reason for the charges, and writes a report.
How and who decides what you posted — extremism or insulting anyone’s feelings?
The current list of recognized extremist materials available on the website of the Ministry of justice. However, sometimes you have written (quoted, posted online) is not inherently extremist material. To recognize it as such, the investigation shall make an examination. As they say in the article “Open Russia”, comes to the fact that some of the investigating authorities be “pocket experts” who are willing to confirm any charges. Thus, potentially any text or image can be recognized as hate speech or insulting the feelings of believers.
The main criterion to determine the article under which can attract for extremism — intent. Take this example: the printing order print books from the list of extremist materials. The Manager, not knowing this, takes the order, executes it printing, that is, produces extremist literature, and then stores the copies in their stock. There is an administrative offense — heads of the printing performed work and received compensation, without thinking about what they print.
Now another situation: an Internet user puts on the page the text of banned books. In itself this action did not constitute a criminal offence. The consequence should prove that the action was made intentionally, i.e. with the aim to incite hatred or enmity. To do this, gather the evidence. They can be, for example, the comment of the author in the spirit of “here’s a book that will tell you how to act” or other expressions of support for extremist in written work. In order to prove intent, investigators can explore other public statements of the suspect and an argument to use even his “like” under the comment of another person who endorsed the extremist content of the book.
What if you brought a criminal case?
Silent. The course of the preliminary investigation of “extremist” articles are not different from other criminal cases and is regulated by the CPC. If you are the defendant in this case, you must write to notify. Be sure to follow the interrogations. Remember that you have the right to refuse to give any testimony.
Be prepared to search. It is possible to search, during which you can withdraw “instruments of crime” — computers and communications equipment.
To find a lawyer. During any sledstvennyh of action is highly desirable in the presence of a lawyer. He can fix all the violations of your rights and give tips on how to act. Finding a lawyer is to attend to immediately after you are informed about the criminal case. You should not use the services of an appointed attorney. Not all of them are totally playing on the side of the investigation, but such cases are extremely common. The most common advice from such counsel — “repent, confess, Nikanor”. Is it worth it to heed these recommendations, you decide.
Initiate alternative examination. The purpose of the defence in any legal proceedings — to break the prosecution’s arguments that attempts to prove the guilt of the defendant. “Extremist” cases are no exception. One of the most important steps of protection — carrying out of alternative examination which will show the inconsistency of the document, written under the dictation of the investigation. Ideal — when the court appoints such examination on petition of attorneys and choose for her conduct unbiased experts. In this case, the judge at least would study the conclusions and will decide, after having considered all points of view.
Order alternative examination without waiting for her appointment to the court. Unfortunately, to guarantee its inclusion in the materials of the case impossible. The decision is taken by the judge, guided by their own considerations.
In recent years, the courts are extremely reluctant to take decisions in favour of defendants by “extremist” articles. And if these things cease, then, as a rule, on the formal basis — with the lapse of time. However, there have been precedents when conducting alternative expertise helped to prove the absence of crime structure. Perhaps the most striking example is a criminal case under article 282 against Chelyabinsk blogger Andrei Ermolenko. In 2011, he was accused of inciting hatred against officials. After a few months, the defense managed to achieve the termination of the case.
They found you guilty. What now?
Your technique will destroy. If the court finds you guilty of extremism, you face not only the punishment provided by corresponding article of the criminal code. Sometimes judges sentence to the destruction of “gun crime”. This happened, for example, in Yekaterinburg. Computer and mouse lost condemned under article 282 of the inhabitant of Ekaterinburg who did the repost of publications about the Ukrainian conflict.
You lose your savings and ability to obtain money through the Bank. A serious consequence is the inclusion in so-called “list of Rosfinmonitoring”. His helpers can’t do almost any banking operations on the territory of Russia, their accounts are blocked, they do not pay in full social benefits. And to fall into the “list” can be even being a suspect on the case of extremism. The act provides for the exclusion from the list of defendants against whom criminal cases and stop those who have repaid previous convictions, but out of this list can be very difficult.
How does the “Rosfinmonitoring list” and how to get out?
It is interesting that formally the list is called “List of organizations and physical persons concerning which there is information about their involvement in extremist activity or terrorism”. On the website you can find different wording:
To lose their livelihoods rather become a suspect. If you are declared a suspect, then your name simply post in a few days on the official Rosfinmonitoring website. Then data from the list the Department sends to the Central Bank of the Russian Federation. Program with an updated List automatically disperses funds to the operators and automatically blocks all your accounts.
You are not informed about the inclusion in the list. Once you just will not be able to withdraw money from an ATM.
Blocked not only Bank accounts, but in the electronic payment systems. For example, “Yandex money”, “Kiwi”. They say that it was possible to receive the money transfer via the “Mail of Russia” and WebMoney. No problem, you can use only the account of a convict in the colony or arrested. He’s tied to the account of the institution and not identified.
You can:
to receive from blocked accounts benefits and pensions;
to pay credit obligations undertaken prior to their inclusion in the List;
to pay taxes.
You may not:
to open an account;
to issue salary card;
to enter into the inheritance;
to be a policyholder;
to get through the alimony, judicial redress, the payments on insured event;
to issue a power of attorney and the majority of transactions through the notary.
About the delisting can take care of only yourself. When your criminal record is extinguished, a criminal prosecution against you has stopped, there is the legitimate possibility of delisting. Theoretically, the Ministry of internal Affairs must send a document with information about the redemption of a criminal record. However, it is best to take care of the exit list. For example, you can apply to the Federal financial monitoring service with the scan of the sentence. After that, the Agency must apply to the authority, is obliged “to provide information”. Once provided the information, the figurant of the List gets the list of delisted 1 to 2 weeks, and then completely disappear from it.
Larisa Romanova, a member of the Committee for civil rights, a former defendant in the list of Rosfinmonitoring:
No one keeps track of your criminal record, except yourself. So a quick de-Listing occurs only in those who wrote long and loud and screaming about violations of their rights by act No. 115 and the List. In General, the procedure may take from one month to one year.
Until the exculpation of a conviction, terminating a criminal case, conviction in court of death excluding from the List is impossible. The laws of the Russian Federation such possibility do not give to us. Several defendants went this way: losing to sue the Rosfinmonitoring together with the authority proposing the inclusion in the List, go through all instances, is served in the ECHR. You can apply to the constitutional court. Do not know of.
