A/HRC/23/34/Add.1 are under surveillance by the Federal Anti-Extremist Centre or local anti-extremism police. The Special Rapporteur received testimonies that some artists and art activists have received threats, including death threats, and that artists and their supporters have been subjected to violence by non-State actors, in particular by people allegedly having personal connections with the Federal Anti-Extremism Centre and/or members of paramilitary-type organizations. 78. Cases of prosecutions under article 282 brought to the attention of the Special Rapporteur include the cases of the curators of the 2007 exhibition “Forbidden Art”, Andrei Erofeev, former head of the department for contemporary art at the State Tretiakov Gallery, and Yury Samorudov, former director of the Sakharov Museum; and Avdey Ter-Oganian, who, after being granted political asylum abroad, encountered difficulties in 2010 in having his work sent from the Russian Federation to the Louvre in France. Oleg Mavromati, another recognized artist also granted political asylum abroad, is under federal investigation under article 282.28 79. Cases of prosecutions under article 213 include the case of two members of the provocative Voina art collective in 2010. The Special Rapporteur notes that the Voina group won the prestigious State Innovation Art Award in 2011 for another performance, and appreciates the fact that the Russian authorities respected the decision of the award jury.29 During the Special Rapporteur‟s visit, the case of the punk band Pussy Riot was widely debated. Three of the band members were convicted under article 213 in August 2012 to a two-year term of imprisonment, although one of them was subsequently given a suspended sentence with a two-year probation period. 80. Fulfilling the right to participate in cultural life requires that people enjoy the freedoms necessary to create and contribute to cultural meanings and manifestations in a continuously developing manner. The right to artistic freedom is protected by article 19 of the International Covenant on Civil and Political Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights, as well as article 44 of the Federal Constitution. The Special Rapporteur stresses that art and other kinds of creative expression may include religious, social or political content, and be used as a means to provoke social responses. This includes opening debates and challenging religious symbols as well as dominant values through the medium of artistic expression. 81. The Special Rapporteur understands that some of the artworks or expressions referred to above are provocative, but emphasizes the need to comply with human rights standards regarding possible limitations to freedom of expression. 82. In particular, as underlined by the Special Rapporteur on the protection of the right to freedom of opinion and expression, it is important to clearly distinguish between (a) expression that constitutes an offence under international law and can be prosecuted criminally; (b) expression that is not criminally punishable but may justify a restriction and a civil suit; and (c) expression that does not give rise to criminal or civil sanctions, but still raises concerns in terms of tolerance, civility and respect for others.30 83. Advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited by law. The sole purpose of these restrictions, however, must be to protect individuals from hostility, discrimination or 28 29 30 16 See also France 24, “Censored Russian artist threatens to boycott Louvre exhibition”, 10 May 2010. Available from http://observers.france24.com/content/20101005-russian-artist-threatens-boycottlouvre-exhibition-after-censorship-Avdey-Ter-Oganian. See Sturdee (see footnote 27). A/66/290, para. 18.