If there is a party - an article would be found
In a normal legal state, if an organization commits a terror act it is considered a terrorist one. Under authority of a court decision. And later participation in such an organization having committed a crime is considered criminal. But it is quite opposite oin Russia. An organization having committed NO terror act for all its history, having taken responsibility for NO crime of violent character, is considered terrorist bu the Supreme Court of RF. The matter is Hizb ut-Tahrir al-Islami (Islamic Party of Liberation).
On February, 14, 2003 the Supreme Court of RF having examined in camera a civil suit by the appeal of the General Prosecutor of RF has considered 15 islamic organizations as terrorist and prohibited their activity at the territory of RF. One of the organization prohibited was “Hizb ut-Tahrir” - the non-violent international islamic organization created at the Middle East in the early 1950es and standing for creating the universal islamic state - the Caliphate.
In the recent years this organization has become wide-spread in former Soviet Republics (Uzbekistan, Kazakhstan, Kyrgyzstan, Tadjikistan, Russia, Ukraine, Azerbaidjan). Full amount of its followers in the CIS countries can be estimated as several dozens thousands of people.
The decision for prohibition of this organization was grounded by the Supreme Court of RF in the following manner:
“The Islamic Party of Liberation” (“Hizb ut-Tahrir al-Islami”) is an organization aiming at elimination of non-islamic governments and establishment of islamic rule in global scale by the way of reconstruction of the “Universal Islamic Caliphate”, originally in regions with mostly Muslim population, including Russia and the CIS countries.
Main forms of its activity are: bellicose islamic propaganda combined with intolerance to other religions; active enrolment of supporters; purposeful work for sowing discord within society (first of all propagandistic with mighty financial support)”.
It was impossible to appeal against this decision under legal order as long as all the requests both from individuals (Nizhnevartovsk inhabitant Eduard Husainov) and from human rights organizations (two requests directed in 2004 by the “Civil Contribution” Committee) were rejected by the Supreme Court.
A situation emerges: the “Hizb ut-Tahrir” members may not tell lie by Islamic canons. If they are being asked about their affiliation to the organization they, like prosecuted first Christians, must answer the truth. According to the Russian laws it is enough to be charged by the Articles 282-2 (Organizing and participation in a prohibited organization) and 205-1 (Involving a person into commintment of crimes of terrorist character). But it is if the best happened! Gangsters under epaulets are known to stop at nothing when “public enemies” are concerned. Ammunition and drugs are impudently being “planted” during searches that is completely foolish: the pure Islam supporters don’t use any obfuscating compounds, even common alcohol is strictly prohibited for them.
In Tatarstan detained Almaz Khasanov, Farkhat Faizulin, Rustam Gimranov, Radik Zaripov, Shavkat Akhmedov, Tagir Nurmukhametov, Dias Rafikov, Rafael Sabitov and Azat Sabirov, aside for common for such cases Articles 282-2 and 205-1 of the Criminal Code of RF, are charged of the Article 30 part 1, Article 278 - preparation for actions directed at forced change of the constitutional order of Russia. 12 to 20 years imprisonment is prescribed thereupon. Grounds in judgments for summon as defendants by the Article 278 of the Criminal Code are notable. The FSS Tatarstan department senior investigator-criminalist K.Trofimenko has found that “…the ideology of the “Hizb ut-Tahrir” organization considers vice any forms of state structure except for the Caliphate”. That’s all, by the FSS investigator-criminalist’s opinion, it is enough to interpret the alleged paticipation in the “Hizb ut-Tahrir” activity as preparing a coup d’etat. The FSS justice major does not give any other evidence of the defendants’ striving to seize the power. So, if you consider our Russian form of state vice - prepare rusks and common tobacco for prison. 12 to 20 years imprisonment menaces you for such a non-enthusiastic way of thinking! Could you remind something of such kind from our national history?
“Hizb ut-Tahrir” seems to be the only non-underground, not hiding from anybody organization members of which are arrested and judged at large-scale in Russia at once if revealed.
If there are those who come to see you there will be somebody who comes to take you
In November 2004 the Moscow city court has found Yu.S.Kasymkhanov guilty in affiliation to the organization “Hizb ut-Tahrir” and sentenced him by the Articles 205-1 part 1, 210 part 1, 327 part 3 of the Criminal Code of RF to 8 years imprisonment, with serving his punishment in a high security penal colony. His wife A.Yu.Drozdovskaya who denied her affiliation to “Hizb ut-Tahrir” was convicted by the Articles 205-1 part 1 and 210 part 2 of the Criminal Code of RF and sentenced to 4,5 years imprisonment, with serving her punishment in a general security penal colony. According to the “Memorial” human rights centre’s information, it was the first sentence against persons convicted for their affiliation to “Hizb ut-Tahrir” which came into force at the territory of Russia. It was the first case, too, in which the Article 210 of the Criminal Code - “Creating a criminal community” - was imputed to defendants.
In December 2004 the investigation of the case of “Hizb ut-Tahrir” in Tyumen region was declared completed. In total 9 persons are being brought to responsibility, five of them are confined in custody. The charge is presented to them by the Articles 205-1 and 282-2 of the Criminal Code of RF (Information agency “Interfax”).
In late January 2005 the Tatarstan Republic Minister of Interior Asgat Safarov stated that near 50 persons had been detained in the republic by the “Hizb ut-Tahrir” case, including women. He said new arrests of suspects were not impossible (Information agency REGNUM, January, 29, 2005).
On April, 26, 2006 the Nizhnevartovsk city court has sentenced the “Hizb ut-Tahrir al-Islami” member Ismoil Nurmatov to four years and three months imprisonment. During the investigation it was found that Nurmatov had “…joined the organization and had been working in it for a long time. Brochures in a foreign language: “How the Caliphate Was Destroyed”, “Scenes of Allah’s Associates’ Life”, “Hizb ut-Tahrir Aberration”, magazines “Al-Vay”, “Conscience” and leaflets were found at the extremist’s flat”.
Three activists of the prohibited extremist organization “Hizb ut-Tahrir” were sentenced to 7 months imprisonment in Magnitogorsk. By the investigation’s information, the defendants had acquired literature of extremist character, spread leaflets among citizens, agitated and made the selection of candidates for involving into the organization activities. As ITAR-TASS agency informs, video records of subversive terrorist acts commitment at the territory of Chechnya were found at the main involved person’s place of residence, aside for religious literature.
In February 2007 four active “Hizb ut-Tahrir” militants were convicted by the Tobolsk city court, as the FSS RF Tyumen regional department press office reports. The branch leaders Alim Timkanov and Rustam Nasyrov, charged by the Article 282-2 (Organizing an extremist organization’s activities), were sentenced to two years five months and two years imprisonment in a settlement colony, respectively. Two more “Hizb ut-Tahrir” participants Arthur Nabeev and Vladislav Boykov, charged by the Article 282-2, were sentenced to one year two months and one year imprisonment in a settlement colony, respectively.
Ildar Shaikhutdinov, the “Hizb ut-Tahrir” local branch leader, was sentenced in Tataria to two years imprisonment in a settlement colony; five of his brothers-in-arms were sentenced to different terms of imprisonment.
By the court’s opinion, the prosecution managed to prove the defendants’ guilt in propaganda of a prohibited organization’s ideology as well as organizing or participation in activity of an organization having been closed up by the court for involvement in extremist activities.
The Islamic Party of Liberation branches were also subjected to debacle by the FSS in Chuvashia, Krasnoyarsk (more than 60 persons detained), Magnitogorsk; in Volga region 19 criminal cases were initiated against “Hizb ut-Tahrir” for recent three years and more than 100 persons detained.
They in particular, why?
In a number of the Middle East and CIS states (Uzbekistan) the Islamic Party of Liberation is prohibited by law. In the USA and Europe it is not. “Hizb ut-Tahrir” is a political party basing on Islam. But Islam obliges to adhere strongly to the Koran and the Prophet Mukhammad’s Sunnah. But according to the Sunnah, any forced actions from the party’s side are forbidden, otherwise they are estimated as actions contradicting the Sharia. That’s why “Hizb ut-Tahrir”, adhering to the Prophet Mukhammad’s way, prohibits forced methods of action and limits itself to Islam clarification all over the world.
After September, 11, 2001 terror acts and London explosions in 2005 a question arose before the Western countries’ authorities if “Hizb ut-Tahrir” had relations to terrorism. But, in spite of ultra-conservative pressure, the organization was considered non-related to violence. In 2005 a special report “Young Muslims and Extremism” was prepared for Tony Blair which asserted that the party was not involved in terrorism and violence.
Vitaly Ponomarev, the “Memorial society Central Asia programme director, considers “Hizb ut-Tahrir” the only mass organization among those prohibited at the post-Soviet territory. The question refers to dozens thousands of members, majority of whom fall within Uzbekistan, there are thousands of members in Tadjikistan, Kyrgyzstan, hundreds (and possibly thousands) in Kazakhstan and Russia, there are groups in Azerbaidjan and Ukraine. It appeared to be very convenient for Russian special services to include this organization as a terrorist one. When the political leadership demands once again to strengthen fight against terrorism it is always possible to show 10, 20, 100 “Hizb ut-Tahrir” members listed into operative files long ago instead of real terrorists.
Below is another famous publicist Mikhail Sitnikov’s opinion. In his article “Al-Qaeda of Russian kind” published at the web site portal-credo.ru he writes the following:
“If we try to phrase it shortly what this party looks like, it is the best thing to determine them as a community of religious idealists striving to help Muslims to return to the Islamic way of life, to create a theocratic state where all Muslims could once join.
“Hizb ut-Tahrir” sees three conditions for achieving this aim: forming a party of people believing in virtue of their aim; keeping relations with Muslims of other countries; and preaching their dogma - Islam to all others. And that is all.
There is neither “conquest of the untruthful”, nor “baptism by fire” of hated yankee and other “allies of Allah’s enemies” famous by Bin Laden’s statements. There are no training ranges, trashes, abductions and other belongings beseeming to terrorists. But there are schools and courses where Muslims of any regions teach their children, there are holy texts and literature of spiritual ethic content, there is scrupulous relation to the “Arabic Islam” period and accompanying sciences”.
In the forefront of the campaign for “Hizb ut-Tahrir” members’ criminal prosecution in Tyumen and Tobolsk the former special services officers, the Urals State University historian Vladimir Voronov has made an “expert conclusion” charging Muslims of appeals to forcible conversion to Islam. Besides, he imputed preparation of forced overthrowing of “current regimes in Muslim states” to the believers having beheld that the “specificity of the aims posed” - i.e. paradise for Muslims in the future - presupposes violent character of their implementation.
For doubts - bring to Court!
P.S. The “Memorial” center has gota prosecutor office’s caution sense of which amounts to that any expressed in public doubts in legitimacy of the decision of the Supreme Court of RF on “Hizb ut-Tahrir” and now even 17 more organizations prohibition as terrorist ones would be probably considered as “assistance to terrorist activity”.