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Saturday, December 3, 2016

Constitutional law can be equated to extremism


Hamovnichesky court of Moscow on the night of Thursday have once again extended the arrest of the journalist of RBC Alexander Sokolov and his followers Valery Parfenov and Cyril Barabash. Detained members of the initiative group for the referendum “For responsible government” (igpr “ZOV”) are from the beginning of the investigation into “extremist”. Thus the ideologist of the group — Yuri Mukhin — the court released under house arrest in August last year. Why leader has mitigated the measure of restraint, and the rank and file are kept in SIZO “Matrosskaya Tishina” almost a year, tried to figure out the “MK”.


photo: Mikhail Kovalev

“Extremist” criminal case under part 1 of article 282.2 of the criminal code “Organization of activity of public Association which is liquidated by the court because of the ongoing extremist activities (up to 8 years of imprisonment) was initiated due to the movement “army of the will of the people.” In 2010, the activities of AVN were banned by the Moscow city court, but, according to investigators, Mukhin and his associates formally renamed the movement the initiative group for the referendum “For the responsible authority”.

The resolution emphasizes that the movement set itself the same goal: conduct of referendum on amending the Constitution, providing for direct responsibility of higher authorities to the people; propaganda of the idea of adoption of Law “About the President and members of the Federal Assembly of the Russian Federation the Russian people”. Thus, according to the investigation, members of the movement realized that “the true aim of destabilizing the political situation”.

The document was released almost a year ago — why the investigation dragged on for such a long period? “Questioned a very large number of witnesses, more than 50 people in the regions was conducted several examinations, — has explained “MK” lawyer Alexander Sokolov Dmitry Dinze. — Invited linguists and psychologists, conducted a comparative analysis of the documents of the MSA and PGR “the CALL”.

Yuri Mukhin in conversation with “MK” has expressed the opinion that the investigation was delayed due to the fact that “to accuse us remains nothing”. Writer-publicist, 1995-2009 editor of newspaper “Duel”, which was closed for “calls to extremist activities”, according to Dinze, is under house arrest simply because he agreed to testify in the investigation, and the other defendants have refused, referring on 51-Ju article of the Constitution. According to Mukhin, he said, intervening in the organization of the referendum, the investigation falls under the 141-th article of the criminal code — “Obstructing the exercise of electoral rights” and the court considered it a partial admission of guilt. In addition, to avoid arrest he was helped by the credibility and protection of human rights defenders, including Ella Pamfilova, who at the time was still the Ombudsman (appeal to the court Pamfilova sent for all defendants).

Another interesting point in this case — Sokolov, Parfenov and Barabashu repeatedly denied relief under the standard reasons: to escape, to exert pressure on witnesses and to impede the investigation. It turns out that the logic of the court of the ideology of the movement under house arrest to put pressure on witnesses can’t and others can.

The defendants insist that it did nothing illegal. The reason for the criminal case, according to Mukhin, was the fact that the Centre for combating extremism “nothing to do”. “Maybe it is related to the political situation, he assumed in conversation with “MK”. But this order is executed very illiterate. How can you say that the referendum is extremism?”

Alexander Sokolov has connected criminal prosecution with the job of the journalist shortly before his arrest, he spent several high-profile corruption investigations.

Questions for business a lot. It was included in the report of Information-analytical center “Sova” on the application of anti-extremist legislation. It is said that even the ban of the MSA in 2010 was illegal: the reason was a leaflet with the slogan: “You chose — you be the judge!”, therefore unlawful and a new case.

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