All those whose actions are directed “against the security of the Russian Federation, including its constitutional system, sovereignty, territorial and state integrity” will become traitors and spies in the Russian Federation if the new amendments to the Criminal Code are passed.
The draft law changes the norms of the current Criminal Code according to which at present only “hostile” action threatening exclusively “the external security of the Russian Federation” is considered to be State treason.
Human rights defenders and lawyers are concerned that under the new norm, just as in Stalin’s times, anybody who dares to criticize the authorities could be labeled a spy.
The government draft law appeared in the State Duma last Friday when deputies from the “United Russia” party and LDPR (Zhirinovsky’s party) approved in its third reading amendments to the Criminal Code and Criminal Procedure restricting the powers of juries. Juries are now not allowed to examine cases connected not only with terrorism, the siege of hostages and violent seizure of power, but also with mass disturbances, sabotage, as well as with state treason and espionage.
One of the likely reasons for the amendments introduced on Friday is that they will simplify the work of the Federal Security Service [FSB] investigators. The explanatory note states that the present norm labeling treason hostile action against the external security of the country needs to be changed since it is “extremely difficult to prove” that action was indeed “hostile” which is allegedly used by the defense seeking “the release of those accused of a crime or defendants from criminal liability”.
The explanatory notes also state that “some international organizations have on several occasions made attempts to obtain information constituting a state secret.” Therefore, according to the government, the essence of state treason should be understood not as “hostile activity”, but as “acts”, including handing over a state secret to “a foreign state, international or foreign organization”.
As mentioned, the very definition of state treason has been broadened considerably, from the current “hostile action aimed at harming the external security of the Russian Federation” to the new “acts directed “against the security of the Russian Federation, including its constitutional system, sovereignty, territorial and state integrity”.
According to the Head of the Department of Law of the Moscow Physics and Technology University Boris Nadezhdin, if the draft law is passed, then “any person who spoke with a foreigner could be deemed a traitor.” Equating actions “against the constitutional system” with treason, the government names among such actions “giving financial consultative assistance .. to a foreign organization”.
More than 50 persons took part in the picket, organized by several Human rights organizations («For human rights» movement, human rights center «Memorial» and Moscow Helsinki Group, a member of the Russian Human Rights House) against jury trials abolishment and «spying articles» extension. The leader of MHG announced “Russia doesn’t need it (the law). The only one who needs it is Federal Security Service which gains power to send any undesirable person to prison.”
