A lawyer from Primorsky Krai opened a criminal case for a repost in Telegram


Dmitry Tretyakov

A criminal case was filed against a resident of Primorsky Territory for repost in the Telegram messenger. It is also the first criminal case in Russia for extremism in the Telegram, says the human rights activist of Open Russia, Valentina Degtyarenko, in her telegram “My name is Valya.”

A 31-year-old lawyer, Dmitri Tretyakov, is suspected of calling extremism by reposting someone else's message, the VK community said, “Navalny Team | Vladivostok . The investigation obtained evidence that, on June 13, 2017, Tretyakov made a repost to the open Vladivostok telegram channel for 600 people of a message from the channel of a famous journalist, war correspondent Arkady Babchenko. The law enforcement agencies have no complaints about this post to the author himself, to which Arkady now lives abroad and is not accessible to Russian justice.

In the description of the instructions on how to properly rally, linguists studied such words as “gas masks”, “fires”, “spend the night” and “fight”, human rights activists from the organization “Open Russia” provide details of the process. "The experts came to the conclusion that Tretyakov" completely agree "with the record due to the accompanying comment."

Repost recording Dmitry Tretyakov accompanied by a short message "I agree." This note was enough to initiate a criminal case under part 2 of Article 280 of the Criminal Code (public calls for extremist activities committed using the media or the Internet).

The examination found in the repost "signs of motivation in the form of a call for violent and destructive, destructive actions", and among these actions are indicated "protest rallies".

FSB officers detained Tretyakov on the morning of March 14, 2018, that is, almost a year after the ill-fated repost (they opened a criminal case in January 2018). “At 8 o'clock, FSB officers in the Primorsky Territory came to his apartment in Spassk-Dalniy with a search on suspicion of committing an extremist crime. A laptop and a mobile phone were confiscated from Dmitry, and he himself was detained and transported to Vladivostok, where on March 16 in the Frunzensky district court, the investigation raised the question of electing a preventive measure, ”MBH Media reports .

When Dmitriy was brought to Vladivostok, the employees offered to admit his guilt - and then they promised to release him before the trial. But he refused. After that, the court established for the detainee a two-month period of detention in the SIZO.

The lawyer filed an appeal. On April 3, a court hearing was held in the court of appeal, as a result of which the measure of restraint did not change. The activist will remain in the SIZO while the investigation is underway. In accordance with Part 2 of Art. 280 of the Criminal Code faces up to five years in prison.

“The pursuit of posts in Telegram is a new invention of law enforcement agencies, they have not practiced this before ... We have found a professional lawyer for Dmitry, who we hope will be able to prove his innocence,” the above-mentioned Vladivostok community said in a statement. The term of arrest - until May 13.

Arkady Babchenko, whose post was the reason for the arrest of a lawyer in the Primorsky Territory, in his Telegram channel compared Tretyakov's arrest for a repost with the Soviet era. He wrote that if "they used to imprison Solzhenitsyn for samizdat for the underground distribution," and now they imprison him for the underground distribution of his posts. Babchenko also believes that this is something new in the practice of law enforcement agencies: “Of course, you expect such things. Getting ready. But when this happens, it always happens unexpectedly. And you stand like a log on the head shaken. ”

Perhaps this is generally the first criminal case in Russia for a repost in Telegram. Earlier, there were cases of criminal prosecution for the repost of Vkontakte users, and in 2017, supporters of the “Artpodgotovka” social and political organization, banned in Russia, were detained for appeals to mass riots and terrorism via Telegram.

During the four years of the existence of Article 280 (calls for extremist activity), the number of convicts for it is only increasing, writes MBH Media. So, in December 2015, Kuban activist Daria Polyudova was convicted under this article for two years in a penal colony settlement for reporting on VKontakte. In December 2015, the court sentenced the video blogger Vadim Tyumentsev to 5 years in a penal colony for posting two videos on YouTube. In 2016, Ekaterina Vologzheninova from Yekaterinburg was convicted. She received 320 hours of compulsory work. At the same time, her account had only four subscribers. There were other cases of criminal cases for repost in social networks, writes "Fontanka".



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Source: https://habr.com/ru/post/411507/


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