The European court of human rights communicated (i.e. accepted) the complaint of the activist of Tatarstan Rafis Kashapov, who became the first convicted under article 280.1 of the criminal code — incitement to violate the territorial integrity of the Russian Federation.
photo: Natalia Gubernatorova
Kashapov was convicted in September 2015 and was released in December 2017: the reason for the sentence was the publication in social networks: the header of one of them was the phrase “Crimea and Ukraine will be free from the occupiers!”, the other — “Yesterday, Hitler and Danzig, today Putin and Donetsk!”, etc.
In the end, but part 2 280.1 of the criminal code, Kashapova counted and part 1 of article 282 of the criminal code — incitement of hatred towards members of a social group “state authority”.
In addition, Kashapova sentence was for two years forbidden to use social networks up to the “Live journal” (this part of the court’s decision were later reversed on appeal).
In his complaint, after he asks to recognize that the Russian authorities guilty of violating two articles of the Convention on human rights: the right to liberty and security of person (article 5 ) and the right to freedom of expression (article 10).
Now the ECHR has addressed to the Russian authorities questions about whether there were grounds for the detention of the activist’s detention to court, is not violated if the verdict for the posts of “Vkontakte” of his right to freedom of expression and whether such violation, if it occurred, justified in a democratic society.
According to the lawyer “Agora International” Damir Gainutdinova, representing the interests kashapova and today received a message from the ECHR on the communication of the complaint, that his sentence, being the first of its kind, “determined real time for Andrew Babaeva and Daria Prudovoj in the future for posts on social networks. Process kashapova also confirmed by the exceptionally low standards of proof previously established by extremist cases, total failure of the court even to evaluate the arguments of the defense, ignoring the resolution of the Plenum of the Supreme court in extremist cases, not to mention the practice of the ECHR”.
We will add that in the conclusion after a year and a half “sitting all alone”, when it is subjected to abuse by the guards, so, to him, a believer, a Muslim is constantly brought pork, prevented the namaz, etc.
The sentence itself Kashapova, in 2009, already convicted for “extremist” statements against the Christianization of the Muslims of the Volga region, Deputy head of the banned in Russia of the Crimean Tatar Mejlis Ilmi Umerov explained the failure of Russia’s attempts of establishing contacts with the Crimean Tatars through the public and the authorities of Tatarstan: it is against the background of this failure manifested itself in a sharp position kashapova, soon ended for him a prison term.
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