“Memorial” Considers the Criminal Case Against Komarova and
Kharlamova to be Illegal and Politically Motivated
Olga Komarova and Tatyana Kharlamova were charged under the Article
282.2 (taking part in activities of extremist organizations) of the
Criminal Code of the Russian Federation (CCRF), in connection with
their participation in a peaceful demonstration that took place in
the hall of the Russian Ministry of Foreign Affairs (MFA) on July
2, 2008.
On January-February 2012 it became clear that the criminal
prosecution would go ahead. At that time the prescription for the
minor offense allegedly committed by Komarova and Kharlamova ran
already out in July 2010. The pretext to continue the proceedings
was that the defendants were allegedly on wanted list and were
hiding from the investigation. Meanwhile, the decision to put them
on the wanted list was signed by the investigator after the
expiration of the limitation period. During the time they were
allegedly on wanted list, the police repeatedly detained the
defendants at public events. Furthermore they did not receive any
court notification and one of the defendants was living at the
address she was registered at. The continuation of the criminal
prosecution is clearly illegal.
In our view, on the whole the criminal case against Komarova and
Kharlamova under the Article 282.2 of the CCRF does not have any
real basis. Their participation in the demonstration in the MFA does
not prove that they are members of the banned National Bolshevik
Party (NBP): the demonstrators themselves deny it. The symbols and
the denomination of the group that took part in the demonstration
were similar to the symbols and denomination of the NBP but by no
means identical. Moreover, the banning of the NBP was carried out in
a obvious violation of the law.
The Human Rights Center “Memorial” qualifies as vicious the practice
of prosecuting under the Article 282.2, which charges people simply
with participation in organizations' activities no matter if the
accused committed any offenses.
The Center “E” (the Counter Extremism department of the Ministry of
Interior) was involved in the persecution of Komarova and
Kharlamova. The persecution is only linked to their civic activity
and not to criminal offenses. They are solely charged with alleged
participation in the NBP. The case is part of the larger illegal
repression of activists of the former NBP and the party “Another
Russia” and proves the political character of the persecution of
Komarova and Kharlamova.
The Human Rights Center “Memorial” considers the persecution of
Kharlamova and Komarova illegal and politically motivated and calls
for its immediate interruption.
Get more information on political prisoners Komarova and and
Kharlamova at:
http://www.memo.ru/d/3402.html (in Russian).
See the list of persons recognized as political prisoners by the
HRC “Memorial” at :
http://www.memo.ru/section/list/id/121/rubric3/256 (in Russian).
April 18, 2012