A criminal case was initiated under article 282 Criminal Code of the RF – ” to stir up hatred or hostility” in connection with organizing and holding the exhibition “Forbidden Art-2006” at the Andrei Sakharov Museum and Public Center in March 2007. (29-JULY-08)
Written by Maria Paramonova/HRH Moscow
Links: http://hro1.org/node/2907; http://www.newsru.com/religy/08jul2008/lukin.html;
Photos: http://hro1.org/; HRH Moscow
The exhibition presented works that were not allowed by art councils or art directors to be displayed in Moscow´s art galleries and museums in 2006.
During the investigation, the director of the Center Yuri Samodurov (photo) along with the curator of the exhibition, then the head of department of the newest trends of the Tretyakov Gallery, A. Erofeev were charged. According to investigators, the exhibits of the “Forbidden Art-2006” constituted of, in particular, images of Mickey Mouse and Lenin, pornographic pictures, obscene expressions on the background of the crucifixion and other Christian symbols, which could be seen through the holes in the sheets.
The investigation has ascertained that during the exhibition, actions were committed to stir up hatred and enmity, as well as degrade the dignity of citizens on the basis of their attitude towards religion, in connection with the display of works and exhibits containing humiliating and degrading images towards Christianity and citizens professing this religion.
Reaction of the Russian Orthodox Church
The Russian Orthodox Church, Orthodox community organizations and the Congress of Jewish Religious Organizations and Associations came out with criticism of this exhibition.
According to Protopresbyter Vsevolod Chaplin, Deputy of the Department of External Church Relations of the Moscow Patriarchate, many exhibits of the “Forbidden Art-2006″ not only insulted morality and taste, reproducing obscene words and obscene scenes, but excited a hatred for Christianity and for those symbols esteemed as shrines by its followers”.
Yuri Samodurov
“I like only a few titles of these works. There are those who really don’t like them. But it amazes me that if people don’t like something, they immediately say that this is fomenting different discord: national, religious and so on. If you don’t like it,- don’t come” Yuri Samodurov said earlier, commenting on allegations against the organizers of the exhibition by the Orthodox public.
Professional Conclusion of the Independent Psychiatric Association of the Russian Federation to the report of the legal-psychological examination
The Russian Research Center for Human Rights believes that the current case against Yuri Samodurova, director of the Sakharov Centre, is political, and aims to close this platform of freethinking and unauthorized civic activity. The Independent Psychiatric Association of the Russian Federation (a member of the RRCHR) produced their professional conclusion to the report of the legal-psychological examination, which investigators plan to use as one piece of evidence in the case. The author of this examination academician Mr. Slobodchikov contends that the graphic Art used in the exhibits was dehumanizing and insulting to the feelings of believers, and was “modified in such way that the exhibits could only be seen through a small hole in the wall of their block-partition” which strengthens the effect even more, 
since it forces people to enjoy ” voyeurism” (a form of sexual deviation – a sexual satisfaction from spying on sexual acts). Specialists from the IPA showed in their conclusion, that the examination is scientifically false, its conclusions are unfounded and tendentious, and it reflects the fears and emotions of the author.
Tretyakov Gallery Leadership
A. Yerofeyev said that the investigation of the case has been completed and will soon be brought to Court. Meanwhile, last Friday the management of the Tretyakov Gallery announced its intention to appeal to the prosecutor to appoint a re-examination of the works from the exhibition “Forbidden Art-2006” to refute the investigative expertise.
Ombudsman for Human Rights of the Russian Federation believes that the question of the exhibition “Forbidden Art-2006” should not be resolved in court 
The Ombudsman for Human Rights in the Russian Federation Vladimir Lukin (photo) is sure that the question of the artistic content of the “Forbidden Art-2006” exhibition over which a criminal case was initiated should be resolved in society, rather than in Court.
“I absolutely do not have the slightest doubt that this kind of thing can be resolved through public dialogue, not through judicial decisions. Therefore, I am against the criminal case that has been initiated. I think this is wrong,” – said V. Lukin.
Human rights defenders called on Procurator to investigate if the case against Mr. Erofeev and Mr. Samodurov was fabricated
The Chairman of the Moscow Helsinki Group Lyudmila Alexeeva (photo) and the executive director of the Movement “For Human Rights” Lev Ponomarev, sent a statement to the General, Moscow and Tagansky procurators to check the order of supervision in criminal case # 402588, and to send it back to the investigation to address shortcomings, and, if necessary, initiate a case into the fabrication of charges.
The grounds for such conclusions are, above all, the following: a nearly one-year interval between the case and charge, denying Mr. Erofeev and Nr. Samodurov of their procedural rights as the accused in the most important stages of gathering evidence (examination, the questioning of witnesses) and others. Abuse in the fight against extremism, according to human rights defenders, discredits the state protection of constitutional rights.
Nobel laureate V. Ginsburg spoke in defence of the “Forbidden Art-2006”
Nobel laureate Academician Vitaly Ginzburg wrote an open letter and sent it to the Sakharov Centre. According to the scientist, prosecuting those who organize an anti-religious exhibition – meants prosecuting atheists with a Constitutional violation, which declares freedom of conscience. Mr. Ginsburg underlined that he did not protect the contents of the exhibition, which he did not see. However, this is a matter of principle.
Human Rights Watch 
The head of Human Rights Watch Europe and Central Asia offices, Holly Cartner said on Wednesday that Russian authorities must cease the prosecution of the director of the Sakharov Center Yuri Samodurov. “The Russian authorities used anti-extremist legislation to silence politicians. Now they use it to suppress the voice of the people of art and to initiate the prosecution of a well-known human rights defender” – quoted Cartner in the HRW News.
Amnesty International calls on Russian authorities to respect the right to freedom of expression
Amnesty International does not believe that the exhibits that were presented at the exhibition excited hatred. Despite the fact that artistic works can offend some audiences, this fact cannot be used as grounds for the criminal prosecution of the exhibition organizers. Amnesty International calls on the Russian authorities to stop the criminal prosecution of Mr. Samodurov and Mr. Erofeev.
The provisions of International human rights law does not permit, much less do not require restricting or suppressing freedom of expression only because a certain group of people may consider it offensive.
Documents of the case:
http://www.sakharov-center.ru/news/2007/forbidden-pollice/
