The boundary of the castle: how the authorities propose to fight terrorism

The Chairman of the Duma Committee on security Irina Yarovaya and Chairman of the defense Committee of the Federation Council Victor Ozerov has made on Thursday in the state Duma a package of anti-terrorist bills.

These changes were prepared after the terrorist attack on Board an A321 aircraft in Egypt in October last year, and a series of terrorist attacks in Paris on 14 November. November 20, the joint meeting of the state Duma and the Federation Council, which discussed the need to tighten anti-terrorist legislation. Still the bill was under consideration of the security Council, said the interlocutors RBC in the safety Committee.

Prosecution abroad

The criminal code introduces a new article — “an Act of international terrorism”. As such, the authors of the bill believe commit abroad crimes suffered by the citizens of Russia. The attack is recognized international if its purpose were “violations of the peaceful coexistence of Nations and peoples,” or working “against the interests of Russia”.

Such actions are proposed to punish by imprisonment for the term from 15 to 20 years with restriction of liberty for a term up to two years or by life imprisonment.

The fight against terrorism inside the country now falls within the competence of the FSB. Amendments that extend the fight against terrorism on foreign territory, “the FSB favorable because it gives them the right to engage in the fight against terrorism at the international level — as was the case with the military during the operation in Syria”, said the expert in the field of security, chief editor of the portal Agentura.ru Alexander Soldatov.

“To turn these amendments will not only FSB, but also of the TFR,” says Soldatov.

The deputies proposed amendments to the Criminal procedure code (CPC), in which the investigation outside Russia will also be allowed to employees of the Investigative Committee (vdcs).

These amendments formalize the practice of criminal investigators of the past two years. In early June 2014 RCDS announced the creation of a specialized Department on investigation of crimes of international character against civilians committed on the territory of Ukraine. The office was established in the midst of the fighting in the South-East of Ukraine. The most famous case against a foreign citizen accused of a crime on the territory of another state, is the case of the Ukrainian pilots Hope Savchenko. In the summer of 2014 she was charged with transfer of coordinates of the Russian journalists of VGTRK military. A Russian court sentenced her to 22 years in prison.

The practice of conviction of aliens for terrorist crimes against the citizens of the country and has long been used widely around the world, including in European countries and the USA. In Britain, the Libyan citizen Abdel BaseT al-Megrahi in 2001 was found guilty in the bombings of the aircraft of the American company PanAm 21 December 1988 that resulted in the deaths of 270 people, and sentenced to life imprisonment (the Lockerbie case). Quite often this measure has been used against Russian citizens. So, in the USA at the end of 2015 to life imprisonment and 30 years in prison was sentenced 55-year-old citizen of Russia Irek Khamidullin. According to the US Department of justice, he fought on the side of the Taliban in Afghanistan and in 2009 participated in the attack on American and Afghan military.

A ban on travel

As a measure against terrorism, the deputies proposed to expand the list of grounds for banning a Russian citizen to leave the country. Now the law on the procedure of exit and entry into Russia temporarily restricts the exit in eight cases, among which access to classified information, military service and the FSB, non-enforcement of judgments and bankruptcy.

The new bill proposes to limit travel of five years for persons who had been declared an official warning about the inadmissibility of actions creating conditions for committing crimes under articles of terrorism, hostage-taking, hijacking or seizure of aircraft or trains, as well as for the planning, preparation, unleashing or prosecution of aggressive war, use of prohibited means and methods of warfare, genocide and an act of international terrorism.

Caution is insufficient grounds for prohibition, says member of the constitutional Committee of the state Duma of the Communist Vadim Soloviev. Otherwise, he said, authorities will be able “to make any opposition figure of the terrorist and extremist”.

Restriction on leaving will affect those who have unexpunged or outstanding conviction for the Commission of crimes, “associated with terrorist activities”, under articles “encroachment on life state or the public figure”, “violent seizure of power or forcible retention of power”, “armed rebellion”, “the attack on persons or establishment which use the international protection”. This list also includes “crimes of an extremist nature”, it follows from the text of the bill. Specific extremist article, which will limit travel, are not specified.

Some of the “extremist” articles, for example, was sentenced to two years in colony-settlement Daria Polyudova. At the end of 2015, she received a sentence for the repost someone else’s messages and the publication of his text in “Vkontakte”. If the bill is passed, it will not be able to leave Russia within three years after his release.

Russia stay put

Ukraine

From March 1, citizens of Russia with internal passports ceased to start up on the territory of Ukraine, entry was possible only on presentation of a passport. Ukraine has banned the entry of all men with Russian citizenship aged between 16 to 60 years. The omission of this category of persons is only possible by decision of the head of the border detachment after inspection and only in emergency situations. In addition, since 25 October, Russia cut air links with Ukraine by banning there domestic airlines direct and transit flights. Earlier similar measures declared Ukraine.

Security forces

In February 2015 it became known that the Minister of internal Affairs Vladimir Kolokoltsev has established a special procedure, according to which any visit of police officers abroad may be made only with the written permission of the head of territorial body of the MIA, Deputy Minister or the Minister himself. In the fall of 2015 learned about letters of recommendation in regional emergency management and the Federal customs service, in which the management agencies strongly encouraged its employees to limit travel more than a hundred countries with which the U.S. has an extradition Treaty. Such recommendations are expressed in practice in the seizure of passports, which are now stored in the vaults direct the heads of various departments, told the interlocutors of RBC in law enforcement bodies.

Debtors

More than 1.4 million Russians during the first nine months of 2015 could not travel abroad because of outstanding debts for the sum more than 10 thousand rubles, said in October at a press conference the head of the Federal bailiff service (FSSP) Arthur Parfenchikov.

Turkey and Egypt

In 2015 were not available for the most popular resorts in Turkey and Egypt. The share of these countries accounted for 57% of Russia “organized tourists”, said Vice-President of the Association of tour operators of Russia Dmitry Gorin. According to him, the annual number of tourists from Russia is 10 million tourists, 5.7 million of whom preferred to rest in Egypt and Turkey. The ban on Charter flights to Turkey, President Vladimir Putin introduced on 28 November, four days after a Turkish fighter jet shot down a Russian su-24 that participated in the military operation in Syria. In Egypt banned all flights. Such measures were adopted after the terrorist attack in the skies over the Sinai Peninsula, when due to a bomb explosion onboard the liner of the Russian airline “Kogalymavia” killed 224 people.

Deprivation of citizenship

Deputies suggest to expand the list of grounds on which it is possible to cancel the decision on assignment of the Russian nationality.

Under current law, to cancel the decision to grant Russian citizenship only if you have filed false documents.

The bill introduces several grounds. People will be deprived of Russian citizenship, if he’s convicted for terrorism or hostage-taking, endangering the life of a state or public figure, violent seizure of power, armed rebellion, diversion, public appeals to extremist activities, as well as the implementation of actions aimed at violation of territorial integrity of the country.

Deprived of citizenship and for the “extremist” article: excitation of hatred or enmity, the organisation of extremist community and “promoting extremist activity”.

The member of the constitutional Committee of the state Duma Vladimir Ponevejsky supports the proposals of colleagues. “Those who discredit Russia, to deliver a weapon against her, cannot be citizens of Russia”, — said United Russia.

Person cannot be deprived of citizenship if “he has no other citizenship or guarantees of its acquisition” specified in the bill. Referred to in the amendments are not talking about those who received Russian citizenship at birth, explained RBC a source in the constitutional Committee. Lawyer Krasnov sure that the proposed order does not violate anyone’s rights, since the person will remain the citizenship of their country. “Such an approach would violate the ancient principle that no one may be punished twice for the same crime — does not accept the lawyer Igor Trunov. — If the person has already been punished by a court, why would it punish and citizenship?”

The introduction of the CTO regime

The bill proposes to expand the number of cases in which is introduced the counterterrorist operation (CTO). Now WHO is declared to prevent a terrorist attack. The amendment States specifically that the regime for the prevention and detection of crime under article “hostage-taking”, “stealing of a vessel air or water transport or railway rolling stock”, “encroachment on life state or the public figure”, “violent seizure of power”, “armed rebellion” and “the attack on persons or establishment which use the international protection” (article 206, 211, 277-279, 360 of the criminal code).

In the framework of the counter-terrorism operation, the authorities have the right to listen to telephone conversations, to limit the effect of mobile operators and to regulate the movement of citizens. The troops used in the WHO can enter any building.

The provision of data

Proposed in the bill amendments to the law “On communications” specify, what information operators should share with law enforcement. According to the document within three years the company must keep and provide to the public authorities by the subscribers calls and sent messages. The MPs also want to oblige the companies to disclose their contents as well as images, sounds, or “other communications” user.

Storage of information about subscribers and the services they received in three years is not the new normal, she spelled out, for example, the government decree from 2005. The procedure for the storage and provision of information by operators is still governed by by-laws, said the representative of “Megaphone” Yulia Dorokhina. “The bill does not apply to messengers and other online communication services, many of which use encryption,” he added Dorokhina.

Criminal responsibility from 14 years

Articles on a number of deputies suggested to lower to 14 years the minimum age of responsibility. Criminal responsibility from 14 years to come for the training in order to carry out terrorist activities, participation in a terrorist community. From this age will be fully responsible for the attempt on the life of the statesman and the participation in mass riots.

Lawyer Nikolai Krasnov fears that such a rate reduction of age of criminal responsibility can extend to the entire criminal code. “It’s already too much, so we begin EN masse to the children to plant. Here are those who involve children in crimes, can and should be severely punished,” — said the lawyer. “Severe punishment will not correct the kids, but zone of them will make hardened criminals”, — the lawyer Lyudmila Aivar.

Tougher penalties

The most extensive changes in the bill — increasing the sentences for a series of items.

Deputies propose to amend the minimum period stipulated for the attack: instead of eight years imprisonment the bill introduces a penalty of ten years imprisonment. For a period of 15 to 20 years is proposed to punish for aiding in the attack.

For participation in the activities of a terrorist organisation the penalty is increased twice, instead of the period from five to ten years in the bill refers to the period from 10 to 20 years of imprisonment.

Raises the minimum punishment for organization of illegal armed formation: the establishment of such a grouping is proposed to punish by at least ten years (now eight years), but participation in the formation for eight years (now five years).

Also in the criminal code introduced article 205.6 “failure to report a crime”. It provides till three years of imprisonment if the citizen does not reported to law enforcement agencies about the impending crimes of the “terrorist” articles. Another new article — “Promoting extremist activity”.

For public appeals to terrorist activity with use of mass media introduces a minimum penalty of five years imprisonment. Now the lower bound in the Penal code are not spelled out. Also the punishment not only for the use of the media, but also for the use of “electronic or information-telecommunication networks, including the Internet”, said bill.

Tightened liability for “extremist” articles. For the “incitement of hatred or enmity, and humiliation of human dignity” (article 282 of the criminal code) it is proposed to introduce a maximum penalty of five years imprisonment (now to four years). The same term, but as a minimum, the bill provided for “the organization of extremist community”.

Terrorists or those who are recruiting people in a terrorist organization, deserve a more severe punishment, noted in a conversation with RBC the President of the Association of veterans of anti-terror units “alpha” Sergey Goncharov. “However, if the martyrs are to die for their faith, probably, and the death penalty, and criminal penalty was a little worried about them, because the main decision — to say goodbye to the life they have already adopted” — said Goncharov.