Amendments to the law on state secrets which are considered
by the State Duma in the second reading today will considerably
toughen the law as compared to the first reading. Deleting
the words "to the detriment of security" in Article
275 and replacing them by "against the security"
in Article 276 further broadens the scope and types of treason
and espionage. Form now on an assumed intention to commit
a crime rather than a crime itself will be punishable.
The draft prepared for the second reading still bans aid
not only a foreign state or organisation, but also international
organisations, and the draft law does not rule out responsibility
for assistance even to such organisations where the Russian
Federation officially participates.
The amendments prepared for the second reading broaden the
possibilities for avoiding the ban on a double punishment
of an offense. In addition, in paragraph "d" of
Part 2 of Article 283-1 it is proposed to consider spread
of secret information, not only illegal obtaining of information
constituting a state secret as an aggravation of an offence.
The amendments submitted for the second reading have not
changed the nature of the law: it contradicts to the international
law and constitutional principles of the criminal law that
stress that a broad interpretation of the norms on responsibility
for the crimes, as well as the double conviction for the same
offense, are inadmissible.
Charges may be brought now against any person or organisation
whose activities seem dangerous for the secret services. Punishment
envisaged by the draft law for links with an international
non-governmental organisation, rendering of “financial, material,
technical, consultative or other assistance” spread of information
in the Internet which can later be recognized as a state secret
by the intelligence, toughening of punishment for violations
take us back into the period of mass reprisals and resemble
Stalin's methods of dealing with political opponents and lead
to the formation of a new "iron curtain."
Any person - an ordinary public activist or a federal level
official who may arise discontent – may get under the sanctions
of the new law. Russian special services are interested in
obtaining a legal basis for the arrests of the dissenting.
Adoption of this draft law represents another manifestation
of totalitarian tendencies in the Russian politics.
We demand that the State Duma should rejected the amendments
to the law on state secrets.
Sergei Mitrokhin,
YABLOKO Chairman
See also:
Human
Rights
YABLOKO
Against Broadening of Proxies of Secret Services
Overcoming
Stalin’s Legacy
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