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Reference ID | Created | Released | Classification | Origin |
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06MOSCOW8148 | 2006-07-31 15:47 | 2011-08-30 01:44 | CONFIDENTIAL | Embassy Moscow |
VZCZCXYZ0004 RR RUEHWEB DE RUEHMO #8148/01 2121547 ZNY CCCCC ZZH R 311547Z JUL 06 FM AMEMBASSY MOSCOW TO RUEHC/SECSTATE WASHDC 9738 INFO RUCNCIS/CIS COLLECTIVE RUEHXD/MOSCOW POLITICAL COLLECTIVE
C O N F I D E N T I A L MOSCOW 008148 SIPDIS SIPDIS E.O. 12958: DECL: 07/27/2016 TAGS: PGOV PHUM RS SUBJECT: EXTREMISM LAW SIGNED BY PUTIN REF: MOSCOW 7666 Classified By: A/POL Colin Cleary. Reasons 1.4b and d. ¶1. (C) SUMMARY. As expected, President Putin signed into law July 28 amendments to legislation "On Countering Extremism," despite concerns among many that the law may restrict legitimate criticism of the government. As noted in reftel, the revised law expands the definition of extremist activity to include public slander of a government official or his family, as well as public statements justifying or excusing terrorism. Supporters of the law argue that it will allow authorities to combat racist and nationalist groups more effectively. Critics counter that it could be used to stifle politically sensitive NGOs and opposition political parties during the 2007-2008 election cycle. In light of the vague terms used in the law to define "extremism," much will depend on how it is implemented. END SUMMARY. . --------------------------------------------- ------ BILL PASSED RAPIDLY ... BUT NOT WITHOUT SOME DEBATE --------------------------------------------- ------ ¶2. (SBU) The bill was passed more quickly than usual -- the State Duma approved the amendments July 8, and the upper chamber Federation Council endorsed them July 14. The bill will go into effect 90 days after President Putin's signature -- on October 28. The legislation enjoyed broad support among United Russia (YR) and other pro-government forces. Twenty-seven members of the Public Chamber called for similar legislation barring "extremists" from elections shortly before the amendments were introduced in the Duma. Also, the heads of 13 Russian regions (11 of which are members of the YR executive committee) issued a letter in support of the amendments during the week of June 18, just days before the Duma was scheduled to vote on them. ¶3. (SBU) Supporters of the law, such as pro-Kremlin political analyst Sergey Markov, said the law will help prevent extremist political parties from exploiting public resentment against unpopular reforms for their own ends, such as last year's well-publicized street demonstrations against the monetization of some social benefits. Also, Human Rights Watch (HRW) Deputy Director Sasha Petrov told us that human rights groups in St. Petersburg believed the new amendments can be used more effectively to combat worsening xenophobia in St. Petersburg where Article 282 of the Criminal Code (incitement of ethnic or religious hatred) generally has been ineffectual in prosecuting skinheads. Vladimir Pligin, Chairman of the State Duma Committee on Constitutional Legislation and Government Building, commented to the media that any ambiguities in the law would be resolved in court. He said the court system was capable of distinguishing extremist activity from normal criticism of authorities. Deputy Chairman of the State Duma Vyacheslav Volodin also defended the law, saying that "Nazis came to power in Germany by means of democratic procedures -- they won elections ... And members of the Hamas movement, known not only for extremist statements but also for acts of terrorism, came to power in Palestine by a democratic procedure as well." ¶4. (SBU) However, some members of the Federation Council (upper house) expressed concern that the legislation might restrict legitimate freedom of speech and limit the right of citizens to participate in elections. Chairman of the Regional Policy Committee Rafgat Altynbayev told the media that Federation Council members demanded a condition for passing the bill -- that the Constitutional Law and Information Policy Committees would draft further amendments to the law and submit them to the State Duma this autumn. The Information Policy Committee, although it recommended passing the bill, observed that some points "defining extremist activity, such as 'public defamation', 'the use of violence or the threat of violence', and 'attempts on the lives of state officials or community leaders' were not conducive to ensuring equal rights and liberties for all citizens of Russia." Federation Council Speaker Sergey Mironov agreed, saying "I also believe this law should be more specific." . ----------------------------------- CRITICS SPAN THE POLITICAL SPECTRUM ----------------------------------- ¶5. (C) Mikhail Gorbachev, generally supportive of Putin and his administration, called on the President in an interview with Rossisskaya Gazeta to veto the legislation, warning that a law which offers such a broad definition of extremism could be used to pressure opposition and curtail dissent. The Russian Union of Journalists also appealed to Putin to veto the legislation, which it called "senseless if applied in good faith" and "extremely dangerous if abused." The new legislation would "encroach on freedom of expression," undermining Putin's remarks at the World Newspaper Congress in Moscow in June that freedom of expression was a "value guaranteed in the Constitution." Chairman of the Central Electoral Commission Aleksandr Veshnyakov said to us and in several media interviews that support for the legislation defied logic and went too far, to the extent that even legitimate criticism of the government could be labeled extremist and lead to a ban on an entire party or individual candidate. He added Russia already had sufficient laws intended to check extremist behavior and surmised that the Duma had pushed through the legislation without proper legal review. ¶6. (C) Yuriy Dzhibladze, President of the Center for the Development of Democracy and Human Rights, told us that the law might result in increased self-censorship in the media as criticism of government officials might be interpreted as slander. Protesters, demonstrators, and youth groups could be charged with extremism for resisting arrest, thus limiting freedom of assembly, he added. Human Rights Watch Director Allison Gill worried that if HRW wrote, for example, an article on the ideology of Chechen fighters, it could be accused under the law of condoning extremism. Open Russia head Irina Yasina expressed similar concern to us that "any individual could be subjected to prosecution if they dared to express dissatisfaction with the authorities." Deputy Human Rights Ombudsman Georgiy Kunadze told us that the Duma was attentive to what Putin wanted it to do. The Duma thought the President wanted a more restrictive extremism law, so they delivered it quickly. . ------- COMMENT ------- ¶7. (C) The reaction to the newly signed extremism law is reminiscent of the widespread criticism that greeted the passage of the NGO bill that Putin signed into law in April. In both instances, how the enabling regulations are implemented is the key issue. In light of the vague language used in the extremism law to define its terms, much will depend on interpretation by federal and local authorities. The new law supplements the government's arsenal of legal tools already available for use against hard-core extremists but, interpreted broadly, has the potential to undermine legitimate dissent and political dialogue. RUSSELL
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