General Bastrykin Teaches a Lesson in Democracy

This is the mouse, this is the cat.
This is the watch tower, this is the camp.
And this is Time that, on the sly,
Sentences Mom and Dad to die.

source

Participants of the national Miss Russia 2016 beauty pageant on the stage of the Barvikha Luxury Village concert hall. Courtesy of Sputnik/Iliya Pitalev
Participants of the national Miss Russia 2016 beauty pageant on the stage of the Barvikha Luxury Village concert hall. Courtesy of Sputnik/Iliya Pitalev

Greg Yudin
Facebook
April 18, 2018

I really like it when a big man in uniform speaks out with fanfare on perennial topics like the structure of society. You think it’s funny they all get Ph.D.s, but they really do consider themselves major theorists and are always willing to teach lessons in wisdom in their spare time. An entire genre has even emerged in Russian newspapers: lessons in political philosophy by generals.

For example, in today’s issue of Kommersant, General Bastrykin casually gives readers an unexpected lesson in democracy.

“For democracy or people power is nothing other than the power of the people itself, realized in its interests. It is possible to achieve these interests only by means of the common good, and not through the absolute freedom and arbitrary will of individual members of society,” he writes.

It must be admitted that this is the pure, unadulterated truth. We might rejoice that democracy in Russia has found a new supporter.

Then, however, Bastrykin the democrat’s argument takes an unexpected turn. He proposes setting things up so that he, Bastrykin, would decide himself what information should be considered extremist, and would limit Internet access without a court order! In addition, he would also decide in which cases providers are obliged to provide him with the personal information of their clients.

There are lots of other tasty tidbits in his article, including innovative tactics for fighting terrorism by confiscating property, but that does not concern us here.

So somebody comes and says, Now I am going to decide who is an extremist and who can read what. You will also be informing me everyone’s personal information. If this is not “absolute freedom and the arbitrary will of an individual member of society,” then what else would you call it?

I am going to have to upset Mr. Bastrykin. Democracy is, in fact, people power. Therefore, the main objective of democratic governance has been and will be preventing the usurpation of power, not defending the people from the machinations of external foes, not hunting down traitors, not surveilling unreliables, but combating usurpers. And so democracy’s main enemy is the guy who comes out and says he is going to decide who the extremists are round here.

The problem with these scholarly generals is that the only form of social organization they are capable of conceiving is the prison camp. And so whether they write about democracy, traditional values or economic progress, the same speech in defense of the prison camp always comes out.

* * * * *

“It’s time to erect an effective barrier against the information war”
Alexander Bastrykin, chair of the Russian Federal Investigative Committee, on methods of combating extremism in Russia 
Kommersant
April 18, 2016

Chair of the Russian Federal Investigative Committee, general of justice of the Russian Federation, doctor of juridical sciences, Professor Alexander Bastrykin, special to Vlast magazine, on the ways and methods of combating extremism in Russia 

In  2015, the Russian Federation witnessed negative trends in criminal extremism and terrorism.

1,329 extremist crimes were recorded, which was 28.5% higher than in 2014 (1,034 crimes). A growth in this type of crime was noted in fifty-six regions of the Russian Federation.

The numbers of such crimes as public calls to extremist activity (Russian Federal Criminal Code Article 280) and inciting hatred or hostility, and humiliation of human dignity has soared by nearly forty percent in comparison with 2014.

The crime of organizing an extremist organization was recorded 42 times (+2,4%).

A significant increase (+36.3%) in terrorist crimes committed in the Russian Federation has been noted. A total of 1,538 such crimes was recorded in 2015 (as opposed to 1,128 in 2014).

Seventy such crimes were prevented at the stage of planning or during the attempt. 133 terrorist crimes were committed with the help of the Internet network.

A particularly difficult situation has been observed in the North Caucasus Federal District, which accounts for the bulk of terrorist crimes: 1,168 crimes or 75.9% of all such crimes (leading to an increase of 32.3%). (In 2014, 883 such crimes were committed.)

Both external (geopolitical) and domestic political factors have contributed to the growth of this type of crime.

Over the past decade, Russia and a number of other countries have been living through a so-called hybrid war, unleashed by the US and its allies. The war has been conducted on various fronts, political, economic, informational, and legal. In recent years, it has moved into a new phase of open confrontation.

Professor Bastrykin
Professor Bastrykin

The main elements of economic pressure have been commercial and financial sanctions, dumping wars on the hydrocarbons market, and currency wars. Skillfully manipulating the huge number of dollars in circulation, the States have brought down the national currencies of developing countries. Russian organizations have had their access to channels of external long-term financing blocked, channels that formed the basis of investment for developing the real (productive) sectors of the economy. It is noteworthy that restrictions on the movement of financing have not affected short-term financing, which currently has been widedly employed to exert speculative pressure on our national currency. In many respects, the outcome of these measures has been the deep devaluation of the ruble, falling real incomes, a decline in industrial production, and economic recession. There has been a budget deficit and ensuing consequences in the form of cuts in expenditures, as well as an increasing fiscal burden to raise revenues.

Unfortunately, international law and the justice based on it have increasingly become tools of this war.

Obvious examples are the decisions in the Yukos cases, the decision in the murder case of former FSB officer Alexander Litvinenko, the report of the Security Council of Netherlands on the investigation into the crash of Malaysian Airlines Flight 17, the FBI’s investigation of the legitimacy of awarding the right to hold the World Cup to Russia and Qatar in 2018 and 2022, and the extradition of our citizens Victor Bout and Konstanin Yaroshenko to the US and their sentencing to long terms of imprisonment.

However, the information war has caused the most devastating effects. By supporting radical Islamists and other radical ideological tendencies, the US has completely destabilized the situation in the Middle East. The effects of artificially initiated coups, revolutions, and crises in this region are still being experienced by Europe, overrun by mobs of refugees who profess qualitatively alien sociocultural traditions and have displaced the local population. Islamic State, the Al-Nusra Front, Al Qaida, and other terrorist organizations involved in the armed conflict in the Syrian Arab Republic have also been an effect of this policy. Manpower for replenishing these organizations are recruited all over the world, including in Russia.

More than a thousand Russian citizens have gone to the Syrian Arab Republic to participate in the armed conflict. 469 criminal cases have been filed against these persons. 135 of them have been killed in armed clashes with Syrian government troops.

The main channels of entry for Russian citizens into areas of heightened terrorist activity have been Turkey and Egypt, where they travel both directly and through third countries (Georgia, Azerbaijan, Belarus, Ukraine, Moldova) under the pretext of holidaymaking, receiving theological education, doing business, etc.

The main technique of the information war is the manipulation of an ideology that a particular social group finds congenial by radicalizing it. It is clear that the system of religious, ethnocultural, and confessional values is the segment of social existence that defines the most significant feature of any nation (ethnic group) and other such social groups as self-identification. Many of these values were shaped,  preserved, and passed from generation to generation for centuries. Therefore, no nation is willing to give up its identity. Perhaps it is the only universal value it is willing to defend with arms and, as they say, until the last drop of blood is spilled.

Aware of the devastating effect of conflicts based on ethnic hatred, the US has bet on this informational element. At the current level of understanding of the issue, it is clear that the subversion of the Soviet Union’s ideological foundations, which were based on the principle of the brotherhood of nations, was also initiated from the outside and based on methods of ethnic strife. It was no accident that in the early 1990s numerous ethnic conflicts (Nagorno-Karabakh, Georgia-Abkhazia, Ossetia-Ingushetia, Transnistria) broke almost simultaneously. At this time, the first mass rallies of nationalist-minded citizens took place in Kiev. In addition, the subversion of state power was carried out by means of anti-Soviet agitation and financing of the political opposition in Latvia, Lithuania, Estonia, Georgia, and other countries.

Of course, in the minds of the local populace, those events were then regarded as local conflicts. However, it is now completely obvious that all these clashes were elements of the initial, as-yet-hidden phase of the information war.

Undoubtedly, the informational-ideological “weapon” will be deployed in the future. This is evidenced by the increase in US government spending on programs for the so-called development of democratic institutions in countries bordering on Russia and in the Central Asian states. The true meaning of these assets becomes clear from the name of this budget item, “Countering Russian aggression through public diplomacy and foreign aid programs, and the creation of stable government in Europe.”

About 4.3 billion dollars have been allocated under his item in 2017, and around a billion dollars will go to programs for the so-called fight against corruption and supporting democracy in countries neighboring Russia.

Funds already received under this program have been spent by by various non-governmental organizations under the guise of promoting education, developing civil society, and other seemingly useful purposes. The outcome has been the incitement of anti-Russian moods in neighboring countries, the shaping of the pro-American and pro-western so-called non-systemic opposition in Russia, and the spread of inter-confessional and political extremism within our country.

Recent events in Nagorno-Karabakh witness to the repeated attempts of forces opposed to Russia to undermine the peace between the Armenian and Azerbaijani peoples and establish yet another hotbed of war on Russian’s borders.

It seems it is time to erect an effective barrier against this information war. We need a tough, appropriate, and balanced response. This is especially relevant in light of the upcoming elections and the possible risks presented by the stepping up of efforts by destabilizing political forces. Enough of playing at pseudo-democracy and following pseudo-liberal values. For democracy or people power is nothing other than the power of the people itself, realized in its interests. It is possible to achieve these interests only by means of the common good, and not through the absolute freedom and arbitrary will of individual members of society.

The following measures can be proposed to counter extremism.

It is extremely important to establish a concept of state ideological policy. Its basic element could be a national idea that would genuinely unite Russia’s unified multinational people. The concept could stipulate specific long-term and medium-term measures, aimed at the ideological education of our younger generation. Conscious resistance to radical religious and other ideologies could knock out the foundations on which current extremist ideologies are constructed. With this protection in place, even the most generous outside financing of destabilizing the situation in Russia will prove useless.

It is also important that youth are regarded by terrorist groups as a natural reserve. From this it follows that everything must be done to seize the initiative, to include young people at risk in the development and implementation of programs for countering armed extremism.

It seems appropriate for the supervisory and regulatory authorities to organize a wide-ranging and detailed verification of the compliance with federal legislation of all religious, ethnocultural, and youth organizations, suspected of engaging in banned extremist activity.

Using the know-how of the Northern Caucasus, we should organize specific and narrowly targeted preventive work with members of informal youth associations in order to adopt measures aimed at procuring information about negative processes underway in the youth milieu and identifying the ideologues and leaders of radical organizations who involved young people in extremist activity.

The positive know-how of the Republic of Ingushetia is also worthy of support. They have established a military-patriotic club that unites the children of law enforcement officers who were killed in the line of duty and children of neutralized members of the bandit underground, which facilitates their rapprochement and shapes an atmosphere of mutual understanding among them.

The proposed concept sees it as expedient to define the limits of censoring the global Internet network in Russia, since at present this problem is causing a heated debate in the light of the stepping up of efforts by advocates of the right to the free receipt and dissemination of information. Interesting in this sense is the know-how of foreign states, opposing the US and its allies. Due to unprecedented pressure from information, they have taken steps to restrict foreign media in order to protect the national information space. Thus, for example, on March 10, 2016, China’s Ministry of Industry and Information Technology  introduced a ban on electronic media fully or partly owned by foreign residents. These media will no longer be able to disseminate information through the Internet and, in the best case, by means of print publications. Chinese media will cooperate with foreign online media only with the permission of the ministry. Only Chinese nationals will be able to work in the management of national media. Online media servers can be located only in the People’s Republic of China.

It seems this know-how could be employed in Russia to a reasonable extent.

Internet providers must be furnished with a integrated set of rules for storing the personal information of their clients and users in the right amount in the event that such information is required when investigating cyber security violations.

In public places (libraries, schools, and other educational institutions) with access to the World Wide Web, filters restricting access to sites containing extremist content should be established.

In addition, it seems appropriate to stipulate an extrajudicial (administrative) procedure for including information in the federal list of extremist content and blocking the domain names of sites that disseminate extremist and radical nationalist information. However, if the proprietors of this information do not consider it extremist, they can appeal the relevant actions of the authorized government agencies in court and prove their innocence there. This procedure will enable a faster and more effective response to the promotion of extremism on the Internet. It is necessary to step up work on introducing modern technology for the effective monitoring of the radio waves and the Internet.

It is necessary to expand the range of criminal law measures to stop the illegal actions of terrorist organizations committed on the Internet network involving recruiting. To this end, we should consider the criminalization of possessing such materials, collecting them or uploading them from a computer. Modern evidence technologies make it possible to present to the court and confirm technical elements of intercourse on social networks that testify to the connections between the accused and the relevant electronic messages.

To expose the real aims and intentions of Islamic extremists and establish the insolvency of their theoretical approaches, which contradict the realities of the modern world and the fundamental interests of Islamic countries, it would seem useful for the State Duma to regularly hold special hearings involving experts from the Federal Security Service (FSB), eminent Islamic scholars and authorities, and scholars of Islam. The hearings should be widely covered in the press.

Particular attention should be paid to the migration process. Migrants are often targets of espionage recruiting and radicalization. Many of them have overstayed their limit in Russia, dropping out of the sight of law enforcement. We must analyze the regulatory acts governing the presence of foreign nationals and persons without citizenship in the Russian Federation. Based on our analysis, we should take additional measures for improving the legislation.

It is necessary to improve the work of precinct police with foreign nationals in the realm of monitoring compliance with the established rules of residence in Russia (monitoring of persons letting and renting residential premises in the precinct, and obtaining information about the nature of these persons’ employment). The internal affairs departments of agencies should exclude possible corruption here. Full use of the public’s assistance should be made.

Certain features of extremist activity have taken shape in the Crimea Federal District, where attempts have been made to mold anti-Russian moods, by means of falsifying historical facts and distorting the interpretation of modern events, and call into question the outcome of the referendum on Crimea’s accession to the Russian Federation. This act of the legal expression of the Crimean population’s popular will has become an integral part of Russian constitutionalism. Considering the place of this act in the hierarchal system of values of Russian state and society, it is certainly in need of special legal protection, including by means of criminal legal coercion.

It should be noted that criminalizing the denial or falsification of historical events of particular importance to a state and society is a widespread practice. For example, in many countries, including Russia, criminal punishment is stipulated for promoting fascism. France and a number of other countries have introduced criminal liability for denying the Armenian genocide. The State Duma of the Russian Federal Assembly is considering a similar law bill, No. 938567-6 (“On Criminalization of Public Denial of the Genocide of the Armenian People in Western Armenia and Ottoman Turkey in 1915-1922”). In Israel, it is a crime to deny the Holocaust.

In view of the above, it seems necessary to supplement the notion of extremist activity (extremism) contained in the federal law “On Countering Extremist Activity” with such a manifestation as denial of the outcome of a national referendum. It is necessary to decisively counteract the deliberate falsification of the history of our state. In this connection, we might also propose that Russian Federal Criminal Code Article 280 (public calls for extremist activity) include an additional stipulation, which would qualify the falsification of historical facts and events as a call for extremist activity.

In addition to countering the ideological component of the information war being waged against Russia, it is important to step up efforts to combat financial support for this activity, including tightening control over cross-border capital flows. As experience has shown, terrorism is often financed by virtual cryptocurrency, which has no central issuer, no single point of transactional control, and features anonymous payments. In addition, as a result of their wide dissemination, these currencies can displace legal money from the market, which threatens the state’s financial stability. It is therefore suggested that criminal liability be introduced for the illegal issuance and circulation of cryptocurrency and other money substitutes.

We should also review social security legislation concerning the close relatives of persons involved in terrorism, entitlement to survivor’s pensions, and other benefits. A person who is going to commit such crimes should know that in the event of death not only will he be buried in an unmarked grave but he will also deprive his loved ones of support from the state.

Another measure that would contribute to the effective fight against extremism, terrorism, and other dangerous criminal manifestations is confiscation of property as a form of criminal punishment. As we know, the relevant legislative proposals have been prepared and are in need of speedy legislative implementation. Unfortunately, this process has been unduly delayed.

No less important is improvement of the legal mechanism of international cooperation among law enforcement and other state bodies empowered to counter terrorism and extremism.

Russian law regulates only the procedure for submitting an international request for legal assistance, whereas international acts in this field stipulate the possibility of closer integration, including the establishment of international investigative teams. Such cooperation would help in cases where Russian investigative authorities need to perform a number of investigative procedures or even perform a preliminary investigation in a foreign country and that country has agreed to provide such assistance. This gap became apparent during investigation of the armed conflict between Georgia and South Ossetia in 2008 and the terrorist act committed on board the Russian Airbus 321 over the Sinai Peninsula.

Translated by the Island of Misfit Toys. Thanks to Greg Yudin for his courage.

5 thoughts on “General Bastrykin Teaches a Lesson in Democracy

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