NEW EXTREMISM LAW: MORE OF THE SAME CONSTRAINTS

UNCLAS SECTION 01 OF 02 MOSCOW 003363 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL PINR RS SUBJECT: NEW EXTREMISM LAW: MORE OF THE SAME CONSTRAINTS MOSCOW 00003363 001.2 OF 002 ¶1. (SBU) Summary: On July 6, in response to President Putin's December 2006 "Presidential Instruction" to combat extremism, the Duma resuscitated and passed a heavily re-drafted extremism law, over the opposition of minority political parties and concerns of some in the majority. The amendments, expected to be approved by the Federation Council on July 11: -- expand the definition of extremist activity to include political or ideological hatred or hatred connected to a social group; -- require media to identify groups that have been banned or liquidated by the GOR, as such, whenever there is a reference to them; -- allow printers or publishers who distribute extremist material to be fined; and, -- allow law enforcement bodies to wiretap those suspected of extremist activity. Just Russia and the Communist Party (KPRF) fear that the amendments will chill political speech during the upcoming December Duma election campaign and are wary about the wiretapping provisions. Human rights groups condemn amendments, but note that they will not meaningfully change the status quo. Although the law will undoubtedly go on to be approved by the Federation Council on July 11, its practical effect may be minimal on "extremist" activities. In enacting this legislation, the GOR will signal again its intent to investigate aggressively "extremists," who - in practice - are disproportionately members of the political opposition or liberal press. End summary. -------------- The Amendments -------------- ¶2. (U) This is the second set of amendments that the Duma has passed in response to President Putin's December 2006 Instruction to combat extremism. The first set, approved in April 2007, substantially increased prison sentences for violations. This second set passed its first reading on May 16; among other things, it would have increased prison sentences for extremist behavior and widened the definition of extremism. While supporting Duma deputies stated that the amendments clarified the definition of "extremism", many observers feared that it was specifically aimed at supporters and organizers of the "Marches of Dissent." ¶3. (U) Negotiations leading up to the second, and most critical, reading, however, ran into opposition from minority political parties. Not all GOR institutions were supportive either. In noting the broadness of the definition of "extremism," FSB representative Sergey Kundelchuk rhetorically wondered how the international community might react. Even the Federation Council committee charged with overseeing legislative efforts against extremist activity expressed doubt about the effectiveness of the proposed legislation, suggesting that a combination of a "new ideology" for Russia and citizen education would be more useful than essentially replicating laws that already exist. On June 29, consideration of the amendments for the second reading was deferred until, according to a member of the drafting committee, a "much later" date. ¶4. (U) Then, on July 4, the legislation was abruptly introduced for its second reading and was approved (321 for, 45 against). The amendments passed quickly through the third reading on July 6 (311 for, 90 against),in a vote that reflected an uncommon level of dissent in the current Duma. The amendments expand the definition of extremist activity to include political or ideological hatred or hatred connected to a social group; require media to identify groups that have been banned or liquidated by the GOR, as such, at every reference; allow printers or publishers who distribute extremist material to be fined; and, allow law enforcement bodies to eavesdrop on those suspected of extremist activity. -------------- Opposition Parties Unhappy -------------- ¶5. (SBU) The KPRF has consistently opposed the legislation, concerned that it will be used to attack political speech. KPRF Duma Deputy Viktor Ilyukhin called the legislation an attempt to gag all speech and predicted unfettered MOSCOW 00003363 002.2 OF 002 wiretapping. Just Russia Duma Deputy Gennadiy Gudkov, arguing that the law could be absurdly extended to jail those who criticize bureaucrats, also concluded that the amendments would remove all limits on wiretapping. -------------- Human Rights Groups Unimpressed -------------- ¶6. (SBU) Moscow Helsinki Group Chairwoman Lyudmila Alekseyeva told us July 5 that while there was nothing positive about the amendments, she believed them superfluous, given existing legislation, and criticized the vagueness of the definition of "extremism." SOVA's Aleksandr Verkhovskiy cautioned us that he had not read the final legislation, but did not see it providing the GOR with any extra leverage against NGOs, pointing out that the GOR already has enough. -------------- Comment -------------- ¶7. (SBU) Since the amendments fulfill a Presidential Instruction, they will undoubtedly be passed by the Federation Council on July 11 and signed into law. The amendments are less significant for their substance, than for the message the GOR has reinforced of its intent to investigate aggressively "extremists," who to date have been disproportionately the liberal opposition and journalists critical of the GOR. BURNS