Week-ending 25 September 2020
Article 212.1 of the Russian Criminal Code. Repeated violation of the established procedure for organising or conducting an assembly, rally, demonstration, march or picket
Violation of the established procedure for organising or conducting an assembly, rally, demonstration, march or picket, if this act is committed repeatedly –
– is punishable by a fine of between 600,000 roubles and 1m roubles or to the amount of the convicted person’s wages or other income for a period of between two and three years, or by compulsory labour for up to four hundred and eighty hours, or by corrective labour for a period of between one and two years, or by compulsory labour for up to five years, or by imprisonment for the same period.
Note. A violation of the established procedure for organising or conducting an assembly, rally, demonstration, procession or picketing committed by a person on multiple occasions shall be deemed a violation of the established procedure for organising or conducting an assembly, rally, demonstration, march or picket if the person has previously been held administratively liable for administrative violations under Article 20.2 of the Russian Code of Administrative Offences of the Russian Federation more than twice within a period of one hundred and eighty days.
For the original Russian see here.
This week an appeal court upheld the 18-month sentence handed down for an offence under Article 212.1 of the Russian Criminal Code to Konstantin Kotov for taking part in peaceful protests. Amnesty International has declared Konstantin Kotov to be a prisoner of conscience.
RAPSI reported on the development as follows:
The Second Cassation Court of General Jurisdiction on Thursday upheld a 1.5-year sentence in penal colony given to activist Konstantin Kotov for repeated violations of a rally holding order, RAPSI was told in the court’s press office. Moscow’s Tverskoy District Court convicted and sentenced Kotov to 4 years in jail in September 2019. A month later, the Moscow City Court upheld the verdict. He filed a cassation appeal against the ruling. In early March, the Second Cassation Court of General Jurisdiction returned the case of Kotov to a lower court for reconsideration. In April, the Moscow City Court reduced a 4-year prison sentence passed on Kotov to 1.5 years. The court included in the sentence the term Kotov spent in detention from August 13, 2019 to April 20, 2020.
RAPSI also reported this week that a criminal investigation had been completed into alleged ‘repeated violations’ of the regulations regarding the holding of public rallies by Moscow municipal lawmaker Yulia Galyamina. RAPSI reported as follows:
In early July, Galyamina published on the Internet posts calling to participate in an unauthorized rally in central Moscow on July 15. However, in the last 180 days the woman was repeatedly brought to administrative liability for similar violations, according to the statement. Investigators believe that her actions have an intentional character and must be examined in accordance with Russia’s criminal legislation. In July, the city’s Tagansky District Court fined Galyamina 200,000 rubles ($2,700) for an illegal action near the Moscow Directorate of the Interior Ministry.
In other news relating to the right of public assembly, Caucasian Knot reported about events in Makhachkala, Dagestan:
After a protest action held by residents of the dwelling settlement Krasnoarmeiskoye located in a suburb of Makhachkala, 23 residents were brought to justice; many of them were fined, said one of the detainees. Another Krasnoarmeiskoye resident was detained the next day after the action; he prevented the special equipment from destroying the fence around his land plot. The “Caucasian Knot” has reported that the September 22 action against the development of the disputed land plots in Krasnoarmeiskoye resulted in clashes with the police. 27 residents of the village were detained; at least two persons were injured.