The expansion of the article on military fakes has alarmed human rights activists.
The criminal case under the article on military fakes for a publication about the "Five-Day War" demonstrates the expansion of this article's application to other conflicts in which the Russian army participated, potentially increasing the risks of its arbitrary interpretation. Moreover, the criminal code article itself is vaguely worded, human rights activists and lawyers pointed out.
As "Caucasian Knot" reported, Dozhd* journalist Valeria Kichigina was accused of disseminating fakes about the army. One of the publications she is accused of is about the events in Bucha, the second about the presence of Russian troops in South Ossetia after the "Five-Day War" of 2008. This is the first instance of the article on fake news being used for statements unrelated to the Central Military District, and it demonstrates the expansion of the article's scope to other conflicts involving Russian military personnel.
On August 8, 2008, Russia intervened in the armed conflict between Georgia and South Ossetia, and then recognized the independence of South Ossetia and Abkhazia, according to a "Caucasian Knot" report on the "Five-Day War" of 2008.
Human rights activist Oleg Orlov** believes that the charge against the Dozhd* journalist signifies an expansion of the application of the article on fake news about the army.
"The application of this article on fake news in the army extends beyond the immediate events of the
The human rights activist does not rule out that in this form this article could be used to prosecute And for information about the brutal treatment of civilians during the first and second Chechen wars.
"This could be done retrospectively. For example, somewhere online, a 2001 article by journalist Anna Politkovskaya is still hanging around. A criminal case is being opened, of course, not against Anna Politkovskaya, but against those who still cite this article by Anna Politkovskaya. Against those who have Anna Politkovskaya's article on their website. In my opinion, this is possible," Orlov said.**
He believes that the security forces can interpret the article however they please.
"Lawyers can fight and prove otherwise." "They'll just start interpreting it any way they want, no problem," Orlov** pointed out.
Any opinion expressed about the army, even a neutral one, can be perceived as fake.
Svetlana Gannushkina, Chair of the Civic Assistance Committee**, also believes that virtually any statement about the army can be interpreted as fake.
"It's simply becoming so absurd that any opinion expressed about the army, even a neutral one, can be perceived as fake. Probably the same as the practice of applying the law on foreign agents. All these repressive articles are being expanded to completely unlimited limits. This speaks to the fear of the authorities, in my opinion. "Because when the authorities begin to fight everything, any opinion on any topic, no matter what is being said, it's as if they themselves are experiencing some kind of great discomfort," she told a "Caucasian Knot" correspondent.
Article 207.3 of the Russian Criminal Code was introduced on March 4, 2022, after the start of the Russian operation in Ukraine. This article of the Russian Criminal Code contradicts the Constitution of Russia, as well as basic principles of law, stated the Memorial Human Rights Center**. "The wording of the article does not allow us to determine in advance which statements are lawful and which are prohibited. "A citizen cannot know in advance which statements or information they make may be considered false in this context," human rights activists emphasized.
Lawyer Timofey Shirokov noted the ambiguity in the wording of the article on fake news and agreed that it could be interpreted broadly.
"This is a question of the 'execute, pardon' type. We need to understand. One could interpret this as referring to the use of armed forces abroad, or one could think that it refers only to executive authorities. In that case, any criticism of the Armed Forces could fall under the article on fake news," he told a "Caucasian Knot" correspondent.
According to the lawyer, the article on fake news in the context of the SVO should not be applied to journalists at all.
"The article contains a definition of 'dissemination of knowingly false information.'" How can a journalist be prosecuted for disseminating knowingly false information? What are the criteria? They say there's a report from the press service or a General Staff spokesman—that's absolutely true information, but anything coming from other sources is knowingly false. "And how can you prove that the journalist knew in advance that the information was false?" Shirokov concluded.
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* The Dozhd TV channel has been designated an undesirable organization and added to the register of foreign agents.
** are added to the register of foreign agents.
*** The activities of Meta (which owns Facebook, Instagram, and WhatsApp) are banned in Russia.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/420154