Banning Groups that don’t Exist Extremely Useful Tactic for Moscow, ‘Department One’ Says

Paul Goble

            Staunton, July 24 – Two years ago, a Russian court banned what it called the International LGBT Movement. Last year, one canned the Anti-Russian Separatist Movement. Now, Russia’s Supreme Court has outlawed the International Satanism Movement. None of these groups exists, but despite that, such bans are extremely useful for the Kremlin, the Department One human rights organization says. 

            Most obviously, because there is no real defendant, there is almost no chance of appealing the decision given that Russian courts rarely allow anyone but the original defendant in a case to dispute it in court, the human rights organization’s lawyers say. But there are many other all-too-real consequences of banning a non-existent group (dept.one/memo/satanizm/).

            “Once a group is banned as extremist in Russia, the impact is far-reaching,” Department One says. “Its activities are outlawed entirely; [and] any involvement in or facilitation of its work becomes a criminal offense, as does organizing or participating in public events on its behalf.” Moreover, “anyone linked to an extremist group is barred from running for office at any level.”

            The Department One analysts say that in addition, “the Russian authorities could not begin targeting public figures, artists and musicians, especially those critical of the government or the war in Ukraine in an effort to create an atmosphere of fear.” Such charges could be laid one month from now when the court ruling goes into effect.

            Maksim Olenichev, a lawyer for the rights group, points to an even larger consequence of this latest ruling: It marks yet another erosion of legal clarity around what the state considers forbidden. By law, the symbols of an ‘extremist’ organization must be specified in its charge rather than in a court ruling.”

            “But because no such organization as ‘the International Satanism Movement’ actually exists, there are no founding documents. That allows the courts to specify what these are even though such an action violates Russian law, the lawyer continues. And until the decision is published – it hasn’t been as yet – “there’s no way to know what’s actually prohibited.”

            That means that the police and the FSB can decide on their own what is extremist, a pattern that suggests the Kremlin may have Russian courts ban ever more non-existent extremist groups to give Russian officials virtually unlimited power to act as they and their Kremlin masters see fit, regardless of the law.