(posted October 2017; updated October 2018)

Between 1 June 2017 and 5 April 2018, Yury DMITRIEV was on trial in Petrozavodsk charged under Article 242.2 of the Russian Federation Criminal Code (“Use of a minor for the purposes of preparing pornography”) and Article 135 (“Perverted acts without the use of force against a minor”). For details of these laws and the penalties they carry, see below.

The charges relate to photographs Dmitriev took of his foster daughter Natasha, in a naked state, between the ages of three and seven. He denied the charges. (See Accusations of Child Sexual Abuse in Russia.) Later, Dmitriev was additionally charged, under Article 226 with “Stealing or Possession of Arms, Ammunition” etc.

See Yury Dmitriev is a political prisoner (Memorial HRC), 28 June 2017

DMITRIEV, a pensioner (b. 1956), was held in custody at Detention Centre No 1 in Petrozavodsk for over a year before being released on 27 January 2018 on condition that he did not leave the city of Petrozavodsk.

After his renewed arrest in June 2018, DMITRIEV  was charged additionally, see below, under Article 132, Part 4 (b),”Violent actions of a sexual character”. (This was the law under which 66-year-old Sergei KOLTYRIN, director of the Medvezhyegorsk district museum, was prosecuted and convicted in 2019.)

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THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Article 242.2

USING A MINOR FOR THE PURPOSE OF MAKING PORNOGRAPHIC MATERIALS OR OBJECTS

An article added to the 1996 Criminal Code by Federal Law No. 14-FZ of 29 February  2012

Part 1. Making photos, films or videotapes showing a minor for the purpose of making and/or distributing pornographic materials or objects, or attracting a minor as a performer in an entertainment of pornographic nature by a person who has reached eighteen years of age –

shall be punishable by deprivation of liberty for a term of three to ten years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to fifteen years.

Part 2. The same deeds made:

a) in respect of two or more persons;
b) by a group of persons by previous concert or by an organised group;
c) in respect of a person who has not reached fourteen years of age;
d) through the use of information-telecommunication networks (including Internet) –

shall be punishable by deprivation of liberty for a term of eight to fifteen years with or without deprivation of the right to hold definite offices or to engage in definite activities for a term of up to twenty years or with restriction of liberty for a term of up to two years or without such.

Article 132

VIOLENT ACTIONS OF A SEXUAL CHARACTER

1. Pederasty, lesbianism or other actions of sexual character with the use of violence or with a threat thereof with respect to a male (female) victim or to other persons or with the use of the helpless state of the victim –
shall be punishable with deprivation of freedom for a term of three to six years.

4. The acts stipulated by Parts one or two of this Article if they:
   a) have entailed, by negligence, the death of the male (female) victim;
   b) have been committed with respect to a person who has not reached the age of
   fourteen years — shall be punishable with deprivation of freedom for a term of twelve to twenty years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a term of up to twenty years and with restriction of liberty for a term of up to two years.

Article 135

DEPRAVED ACTIONS

Federal Law No. 14-FZ of 29 February 2012 amended part 1 of this Article to read as follows:

1. The commission of lecherous actions without using violence by a person who has reached eighteen years of age in respect of a person who has not reached sixteen years of age and sexual maturity –

shall be punishable by obligatory labour for a term of up to 480 hours, or by restriction of liberty for a term of up to three years, or by compulsory labour for a term of up to five years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up three years, or by deprivation of liberty for a term of up to three years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to ten years.

(Part 2 of Article 135 concerns the same offence against a person who has reached twelve years of age; points 3 & 4 concern the offences defined in points 1 and 2, as committed by two or more people.)

Federal Law No. 14-FZ of 29 February 2012 amended part 4 of this Article to read as follows:

1. The acts stipulated by Parts One, Two or Three of this Article committed by a group of persons in preliminary collusion or by an organised group —

shall be punishable by deprivation of freedom for a term of seven to fifteen years with or without deprivation of the right to hold certain posts or to be engaged in a certain activity for a period of up to twenty years and with restriction of liberty for a term of up to two years or without such.

Article 226

Stealing or Possession of Arms, Ammunition, Explosives, and Explosive Devices

Part 1 — Stealing or possession of firearms, their components, ammunition, explosives, or explosive devices shall be punishable by deprivation of liberty for a term of three to seven years. […]

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ACCUSATIONS OF CHILD SEXUAL ABUSE IN RUSSIA

In a number of articles the journalist Maria Eismont covered the investigation of allegations of child sexual abuse in Russia and their prosecution. The failure to clearly define the crime or the evidence required to secure a safe conviction has repeatedly led, she demonstrates, to unjust or doubtful convictions in a succession of cases since the 2012 law was introduced.