Leokadia Frenkel: How to Defeat Russia’s Ruling Party in Your Own Neighborhood

lika-1.jpgLeokadia Frenkel talks to local residents protesting vote rigging. Photo by David Frenkel

“I Realized They Were Getting Ready to Throw the Election”: A Petersburg Woman Talks About How She Fought Three Days to Have the Real Vote Tally Confirmed
Leokadia Frenkel is a member of the election commission in Petersburg’s Vladimirsky Municipal District, where not a single United Russia candidate was elected
Sofia Volyanova
TJournal
September 12, 2019

Three days after Russia’s nationwide election day on September 8, the results of the municipal district council races in Petersburg had not been officially announced. In four districts where ruling United Russia party candidates did not win a majority of seats on the councils, the election commissions postponed their final meetings. In the Vladimirsky Municipal District, all the ruling party’s candidates had lost, according to preliminary vote tallies. The Yabloko Party had won twelve seats, while five seats had gone to independent candidates, and three seats to A Just Russia.

At some of the polling stations where opposition candidates were leading, election officials decided to recount the votes. As a consequence, United Russia candidates suddenly took the lead, while independent candidates were robbed of critical votes.

Leokadia Frenkel, a voting member of the Vladimirsky Municipal District Election Commission, told TJournal how she and the winning candidates prevented such vote rigging in her own district. She was forced to sleep in the district council building and was assaulted by the election commission’s deputy chairwoman, who attempted to lock Frenkel in an office.

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On election day, I arrived at the Central District administration building, where our municipal district election commission is located, at seven in the morning. We invalidated ballots, then I got the papers I had to take to the different polling stations and I delivered them. I communicated with the polling station election commissions and monitored what was happening. At eight in the evening, I returned to the Central District building, where we invalidated the rest of the ballots that needed invalidating.

We did not receive a single complaint during the voting and the vote counts. Everything was completely fair and square. I had no complaints with the commission chair.

“The polling station election commission chairs will go with me, and we will enter the results into GAS [automated state elections system],” she said.

But then, during the night, someone told us all the election commission chairs had been sent home and no one had entered their vote tallies into GAS because it was down. We learned this completely by accident. I asked the secretary of the municipal district election commission what had happened, why the vote tallies had not been entered into GAS, and why the commission chairs had been sent home. She said something was broken, but we checked and nothing was broken. They were playing for time: they needed an excuse to do a recount. That was when we realized the fix was in and we spent the night in the administration building.

Why did I stay there? I was afraid they would convene the municipal district election commission without me. I wanted to be there and register my dissenting opinion if there was a recount.

The winning candidates slept there, too, because the ballots had been packed up and stored in the basement. They were making sure the ballots were not stolen. There were advisory and voting members of the polling station commissions who had done their jobs honestly and wanted to prevent electoral fraud.

The commission had left in the wee hours of September 9, saying it would reconvene at four in the afternoon. But it did not show up at four in the afternoon. We kept waiting, finally filing complaints with the Territorial Election Commission and the Central Election Commission.

We spent the whole day in the building. The very nice, hospital head of the Central District talked to us and gave us chairs so we would not have to lie on the floor. Our friends supplied us with food and water.

We spent over twenty fours in that building.

The head of the district communicated the City Election Commission’s decision to us and said all the chairs of the polling station election commissions would be gathering and all the final vote tallies would be entered into GAS.

When the chair of the commission showed up, she summoned all the polling station chairs. At nine in the evening, they started entering the vote tallies into GAS. The results were entered correctly: there was no vote rigging.

But the fact is that the chair of our municipal district election commission did not come and pick up the results. First, she said they were not ready, although they were ready. She was supposed to collect them and hold a final meeting of the commission to confirm the vote tally and the list of winning candidates. Many independent candidates and new people won seats on the Vladimirsky Municipal District Council. No one from United Russia was among the victors, so maybe they were angry or somehow affiliated with the municipal district council.

Leokadia Frenkel sleeping outside the office of the deputy head of the Central District

After the vote tallies were entered into the GAS, I went home and the next day I was busy with my own affairs. But the final sitting of the commission had not been held nor had the documents been collected. I telephoned the chair and asked what the matter was. So I would not worry, she said the meeting would be held and everything would be fair and square.

At nine in the morning on September 11, the candidates telephoned me and said that certain polling station commission chairs had shown up at the municipal council for some unknown purpose. So I also went to the municipal district election commission, once again asking when our final session would be held and why the paperwork, which had long been ready, had not been picked up.

The deputy chair was the only one in the office, so I asked her. I saw a paper on her desk with no date or registry number. It was a complaint, filed by United Russia candidate Igor Kartsev, who requested a recount.  I realized they were getting ready to throw the election. Instead of getting ready for the final meeting, they were grooming people affiliated with them to file complaints requesting a recount, as was happening in other municipal districts, in order to steal the victory from the independent candidates.

I took the complaint in order to photograph it when the deputy chair attacked me from behind. She tried to snatch the letter from me and destroy it.  There were many people present, including the candidates and voting members of our commission. One of them grabbed the complaint, which the deputy chair tried to snatch from me, in order to save it from destruction. He photographed it and posted it on social media.

Vladimirsky Municipal District Election Commission deputy chair attacked @likafrenk, a voting member of the commission from Yabloko, to stop her from seeing documents and complaints that would trigger a recount. The voting member managed to escape despite the fact that the deputy chair tried not to let her out, but now the deputy chair claims it was she who was attacked. She was taken away in an ambulance.

The deputy chair tried to lock me in the office and prevent from getting out by holding the door shut. There was a slight tussle: I wedged my foot in the doorway, but she tried to hit me with the door so I could not get out. When she let go of the door, I escaped. I filed a complaint with the City Election Commission, explaining that I had found a strange document. I also wrote that I was afraid, since the final commission meeting had not been held, that they were planning to throw the election.

I filed a complaint with the police about the attack and the fact that the municipal district election commission had tried to destroy the documents I had turned up. And I went to the emergency room and had the doctors there document the injury I suffered when the deputy chair hit me with the door to keep me looked in her office. I ended up with a bruise on my leg, of course.

The commission is located in the building where the municipal council has its offices. The police and an ambulance were summoned. Allegedly, either someone hit someone else or I hit someone. But I could not have hit anyone because I was on the other side of the door, in an office where there was nowhere else. Complaints were filed to the effect that I had, allegedly, absconded with certain documents, but I had not stolen them. I was in the commission office and the deputy chair would not let me out. I could not have stolen the documents.

Also, the deputy chairwoman filed a complaint that someone had hit her in the hallway or something to that effect. She also had her alleged injuries documented at the emergency room, and she was taken to hospital.

I don’t know what is going on here, but it all began when the incumbent council members got a look at the vote tallies. When they realized they had lost in all the districts, they postponed the final commission meetings and the announcements of the results. First, they put off entering the results into GAS, but when the actual, correct results were entered into the system, they tried to put off holding the final commission meetings.

Holding a recount is one way of switching out ballots and substituting them with fake ballots. But they still have to be signed by two commission members, at least. They want to switch the ballots and recount the votes. What are they fighting for? They want a majority on the council. They want to prevent the independent candidates for gaining a majority on the council and then electing their own chair.

Tomorrow is the last day when they can hold the final, wrap-up session, and now social media are reporting that, allegedly, the municipal district election commissions are going to be meeting at the Central District administration building and, allegedly, the election results will be confirmed in keeping with the vote tallies that the polling station election commissions arrived at fair and square.

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Leokadia Frenkel. Photo by David Frenkel

It is now the evening of September 11, and a rather large number of people have gathered outside the offices of the Vladimirsky Municipal District Council, including the winning independent candidates, commission members outraged by the fact that the authorities have been trying to throw the election. These people have said they will not go home because the authorities are trying to throw the election.

The winning candidates spent the whole day picketing the municipal district election commission and demanding the immediate confirmation of the results. But just now the police detained someone here. [It later transpired that a young woman conducting a solo picket protesting vote rigging had been detained. She did not have a local residence permit, so she was put into a police car, but she was released after the police checked her return tickets — TJournal.]

I came here to see what was going on. Everything is closed, but people have gathered here all the same. The candidates called local residents who signed petitions to get them on the ballot and told them the authorities were trying to steal their votes, and so these residents have also come.

The candidates are going to stand guard at the Central District administration building. As soon as they see that the chair has shown up, I will also run over there. If a recount is demanded, a report will be issued. I will send a dissenting opinion to the City Election Commission and the Central Election Commission and tell them there was vote rigging and a recount.

All the rough stuff lies ahead of us. Now, however, I don’t see anything rough happening. I see lots of young people who are determined to fight. They are proactive and positive. Of course, it would be a blow to me if everything into which we have put so much effort is declared null and void, if there is a recount and they steal the victory. But we plan to fight.

I have only positive thoughts. I did not expect the opposition to win, but win they did in all the districts. This is the first time when people who deserve to win have won. In this sense, it was fair and square. There was nothing like this in past elections. Nobody wanted to vote. Suddenly young people the candidates, their friends and their aidesappeared on the scene, and it’s great. I have seen another world, a world of young people.

Translated by the Russian Reader

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Spooky Knowledge and the Russian Police State

gabyshevOpposition shaman Alexander Gabyshev was detained while walking to Moscow to exorcise Vladimir Putin. Photo courtesy of yakutia.info

Superstitious Democracy
Pavel Aptekar
Vedomosti
September 20, 2019

The arrest and possible criminal prosecution of self-declared shaman Alexander Gabyshev, who was en route to Moscow to exorcise Vladimir Putin, whom the shaman had dubbed a demon, is less a consequence of Gabyshev’s involvement in protest rallies and more the outcome of a serious attitude toward superstitions and occult practices on the part of high government officials and the security forces.

On Thursday, Gabyshev’s traveling companions reported that security services officers, armed with machine guns and billy clubs, had raided their tent camp on the border between Buryatia and Irkutsk region, where the shaman was spending the night. The siloviki detained Gabyshev and spirited him away on a police bus that took off towards Ulan-Ude.

In the afternoon, the Buryatia Interior Ministry reported, without naming a name [sic], that Gabyshev had been detained by order of a police investigator on suspicion of his having committed a crime in Yakutia, and he would be extradited to Yakutsk. According to sources cited by news agencies and TV Rain, Gabyshev could be charged with extremism.

Gabyshev’s trek to Moscow had already been marred by the arrest of his traveling companions, which partly sparked the unrest in Ulan-Ude that led to a protest rally at which protesters demanded a recount of the recent mayoral election in the city and generated a tactical alliance between shamanists and the Communists.

In our age of smartphones and supercomputers, the attempt to exorcise demons from the Kremlin seems like a joke, just like the possible charge of extremism against Gabyshev: it transpires that occult rituals are regarded as real threats to the Russian state.

We should not be surprised by this, however. Many of our fellow Russians have lost faith in the rational foundations of the world order and the state system. The paucity of scientific explanations in Russian society has been compensated by superstitions and conspiracy theories, which are broadcast by national TV channels, among others.

But that is only half the problem. Such explanations of reality and occult methods are widespread among the highest ranks of the security services, that is, among people who have the ear of the country’s leaders. Cheka officers were intensely interested in occultism in the 1920s and 1930s, an interest shared, later, by the NKVD and the Nazi secret services.

In post-Soviet Russia, arcane practices were promoted by the late General Georgy Rogozin, who served as deputy chief of the president’s security service.

“There are powerful techniques that reveal psychotronics. This is the science of controlling the brain. […] In order to see the trajectory of a person’s life, their ups and downs, it is enough to know when they were born,” Rogozin told Komsomolskaya Pravda in an interview.

In December 2006, General Boris Ratnikov of the Federal Protective Service (FSO) told Rossiiskaya Gazeta that the secret services had tapped into the subconscious of US Secretary of State Madeleine Albright and detected a “pathological hatred of Slavs” and dreams of controlling Russia. In 2015, Security Council Secretary Nikolai Patrushev reproduced this as Albright’s “statement” that Siberia and the Far East did not belong to Russia.

We can only guess what threats the current security forces were able to “scan” (concoct, that is) in Gabyshev’s subconscious.

Translated by the Russian Reader

The Real State of Russia Today

fullsizeoutput_215fRussia is a great place for pipelines, dirt, weeds, and skyscrapers, but it is hell on its people. Photo by the Russian Reader

Natalia Vvedenskaya
Facebook
September 17, 2019

Some of my friends say the regime will collapse soon, while others argue it is only picking up a head of steam. It occurred to me yesterday that we mistakenly use the word “regime” when talking about the processes taking place in our midst. A regime can last a very long time, and crackdowns, no matter how ridiculous or chaotic, are not symptoms of its demise.

Since ancient times, the state has had only two fundamental functions: defending borders and administering justice (making laws). Everything else—medical care, education, pensions, and bike lanes—is a recent superstructure. Political regimes can be different, from totalitarian to democratic, and they can forego treating people when they are ill, teaching them, and paying them pensions while still maintaining stability. But it must perform the basic functions; otherwise, it stops being a state.

In Russia, on the contrary, one of these foundations has been completely destroyed over the past decades. I am not talking about crackdowns. There has never been any justice either for so-called dissidents or people who randomly fall victim to the state apparatus. People understood this in the Soviet Union, and they understand it now: you fight the law, and the law whacks you upside the head. The majority of Russians do not dispute the state’s right to crack down on the opposition or meddle in the affairs of other countries.

I am talking, instead, about ordinary life and everyday justice, about what we find in the Code of Hammurabi, the Law of the Twelve Tables, and Yaroslav’s Law—about the promises the state makes to citizens, about the fact that you cannot just be beaten, robbed, and wrongfully accused for no reason at all.

And what about Russia? What should we think when, for example, as a friend told me, a youth gang orders food deliveries and then beats up and robs the delivery people, and they have been running this scam for nearly a year, but the police simply refuse to do anything about it? When a person cannot find protection from his bully of neighbor, who shoots at his windows? When you go to court because traffic cops confiscated your driving license for no reason and then solicited a bribe to give it back to you, and the trial drags on for a year and a half? When you even win the case but the time you spent on it was worth much more in monetary terms than the bribe itself?

I made a point of giving more or less innocuous examples. Any of us knows several such stories. What is the point of doing public opinion polls and asking people whether they trust Putin? Ask people whether they trust the Russian courts and Russian law enforcement agencies. Their answer will show you the depths of the disaster. The Russian state has forfeited its basic function, and so we are slowly returning to the state of nature. Scattered tribes roam the landscape, and whether you are safe or not depends on the biceps of your fellow tribesmen. Strong communities can defend their members, while loners and weaklings die off.

The current outrage at the prison sentence handed down to an actor is not about crackdowns, but about the degradation of the state’s basic functions. This protest will only grow because the state has been vanishing before our eyes. All that remains are armed men who have monopolized power. What will be next? No one knows.

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Andrey Tchabovsky
Facebook
September 17, 2019

Our Motherland

We returned from a conference in Kyzyl (Tuva).

Two Germans, a respected professor, and his wife and colleague, had supplied the event with its international credentials. For over twenty years, they have invested both their money and their labor in research in Tuva. They had become fans of the place. They had made friends. They were friends to numerous local zoologists and zoologists from other parts of Russia. The professor is an honorary member of the Russian Theriological Society, an affiliate of the Russian Academy of Sciences. For the conference, they minted very nice commemorative medals, paying for them with their own money, to present to their respected Russian colleagues.

Local officials of the Russian Ministry of Science and Higher Education did not let them into the conference at the university and deleted their papers from the conference program. They were not even allowed into the building, all because of Kotyukov’s decree about interactions with foreign scientists. It is clear the decree can and should be roundly ignored regardless of whether it is legitimate or not. It is equally clear that many people will not ignore it because of the stupid need to stay on the safe side and, so, the decree will do what it was meant to do.

It is an utterly shameful disgrace.

Thanks to Natalia Vvedenskaya for her permission to translate and publish her remarks. Thanks to Victoria Andreyeva for bringing Andrey Tchabovsky’s remarks to my attention. Translated by the Russian Reader

Hand It Over

moscow highway serviceMoscow’s streets are, apparently, reserved for planet-killing traffic jams and idiotic displays of state power, like this parade of trucks by the Moscow Highway Service. Yesterday, another of the city’s municipal agencies, which are run as profit-making “state enterprises,” Moscow City Transport, won a 1.2 million-ruble lawsuit against opposition leaders and independent city council candidates for the losses it incurred, allegedly, during the July 27 protest rally in support of independent candidates barred from running in the September 8 elections. A raft of other frivolous lawsuits against the opposition is coming down the pike by way of punishing them for their persistence and their tactical victory this past Sunday. Photo courtesy of the Moscow Highway Service

Hand It Over: Court Awards Moscow City Transport 1.2 Million Rubles in Suit Against Opposition Politicians
Maria Litvinova
Kommersant
September 11, 2019

Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, and Vladimir Milov must jointly pay Moscow City Transport (Mosgortrans) 1.2 million rubles [approx. $18,000] for the losses it incurred due to traffic stoppages during the “unauthorized” protest rally on July 27 in Moscow. Such was the ruling made on Tuesday by the Koptevo District Court on the lawsuit brought by Moscow City Transport. The defendants were unsuccessful in their attempt to demand financial documents showing the losses. They argued that public transport was poorly organized and also pointed out the large-scaled public events held by the mayor’s office in the downtown area.

Moscow City Transport filed a suit against Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, Georgy Alburov, and Vladimir Milov, who were involved, allegedly, in organizing the July 27 protest rally dedicated to the course of the Moscow City Duma election campaign [sic]. The plaintiff claimed that public transport ground to a halt on several streets due to the blocking of roads by people who took part in the “unauthorized” event and the company incurred losses. Moscow City Transport sought 1.2 million rubles in damages from the members of the opposition.

The hearing at the Koptevo District Court was attended by legal counsel for the defendants, including Alexander Pomazuyev (Sobol and Stepanov), Oksana Oparenko and Sergei Badamshin (Solovyov), Vadim Prokhorov (Yashin), and Andrei Tamurka (Galyamina), as well as Vladimir Milov, who was barred from running in the elections, and his lawyer Valentina Frolova. Navalny and Zhdanov neither attended the hearing nor sent their lawyers. Moscow City Transport’s lawyers refused to give their names to reporters.

Judge Vera Petrova opened the hearing by rejecting a number of motions made by the defendants. In particular, the opposition politicians had asked for a financial report from Moscow City Transport for July 2019 showing the losses, as well as the logbooks of its bus drivers. According to Pomazuyev, it was impossible to substantiate Moscow City Transport’s calculations and corroborate the alleged losses.

The defendants had also moved to have officers of the Russian National Guard and the Interior Ministry, who, they claimed, had blocked roads, named as co-defendants, but the court turned them down.

The defense argued that when it refused to examine key documents the court had taken the plaintiff’s side. Its subsequent motion, asking for the judge to recuse herself, was also denied.

During the trial, one of the plaintiff’s lawyers admitted there had been traffic congestion in different parts of Moscow on July 27 but was unable to explain why the protest rally was the reason for the lawsuit.

Moscow City Transport had identified the persons liable for its losses on the grounds that they had already been convicted on administrative charges for their involvement in the “unauthorized” rally and they had published posts on social media encouraged people to turn out for the event.

The defendants and their lawyers wondered why they had been singled out given the fact that numerous people had either been detained at the protest rally or posted about it on social media.

“There were endless numbers of people on the internet who encouraged people to come out for the event,” a lawyer for the plaintiff conceded, “but we chose to sue these people.”

The lawyers for the defense rejected the claim their clients had encouraged people to block streets. They presented the court with a list of the streets traveled by the buses that, allegedly, got stuck in traffic due to the protest rally in downtown Moscow. For example, Bus No. 137 travels from Belovezhskaya Street to Kyiv Station without going through downtown.

Milov told the court that the documents presented by the plaintiff pointed to “traffic congestion,” not the “blocking of roads.”

“Because of traffic jams, it took me two and a half hours to get here today. Moscow City Transport should sue the Moscow mayor’s office for its poor job of regulating traffic,” he said.

“Moscow City Transport handles the sale of transport tickets in ticket offices around the city,” he said. “Passengers put down their money and decide for themselves when to use the tickets they buy. So, you do not incur losses when buses are stuck in traffic but make money hand over fist.”

The defense argued that the Moscow mayor’s office regularly blocked roads in order to hold city-sponsored events, but Moscow City Transport had never once sued the mayor’s office for losses.

Moscow City Transport’s lawyers countered that the mayor’s office always compensated them for losses.

“If you had compensated us, we would have no claim against you,” one of them said.

Frolova reminded the court of the “burden of responsibility” borne by the public authorities.

“How are the rights of people who enjoy dumplings and pancakes [a reference to the festivals regularly organized downtown by the mayor’s office—Kommersant] any different from the rights of people who are voicing their civic stance?” she asked.

The defendants insisted on the political nature of the court case, arguing it had to do with the elections to the Moscow City Duma.

“The elections are over, people voiced their opinion, let’s get back to the law,” Badamshin said to the judge.

“The court has ruled in favor of the plaintiff,” said Judge Vera Petrova, putting an end to the arguments.

The court rejected the suit in relation to one of the co-defendants, Georgy Alburov. The money will be recovered from all the other co-defendants jointly and severally.

Several other private firms, state-owned companies, and state agencies plan to seek compensation from the opposition, in particular, the Moscow Highway Service, the Moscow subway, the taxi service, the staffing company Ancor, the car rental company Fly Auto and, as transpired yesterday, the Moscow Prosecutor’s Office.

Translated by the Russian Reader

School Daze

olimpiada_po_himii(21)Moscow schoolchildren were smart enough to win the All-Russian Chemistry Olympiad in 2017, but the Moscow police department thinks they are not smart enough to know and speak their own minds when it comes to politics. Photo courtesy of Mos.ru, the official website of the Moscow mayor’s office

Policewoman Tells Moscow Schoolchildren “You Are Kaput” and Threatens Criminal Charges If They Attend Protest Rallies
Mediazona
September 6, 2019

​On condition of anonymity, a pupil at a school in Moscow has told Mediazona that today, during a lesson, a woman in a police uniform who identified herself as an inspector for minors came to his class. She threatened the schoolchildren with criminal charges if they attended protest rallies and said they would be unable to go to university.

Our source recorded the policewoman’s monologue on his telephone.

“As you know, protest rallies have been going on here in Moscow. People who attend them face administrative charges for this and then criminal charges. When people say they just happened to be in the same place, it makes no impression on me. I just put them on the watch list, and they get visits not only from beat cops but also from detectives,” she says at the beginning of her speech.

The policewoman then says she plans to put children on the watch list without bothering to figure out what happened.

“I do not care whether you there or not there, whether you went to a rally or were on a ‘stroll,’ whether you were just going to the toilet or not. I am going to put you on the watch list and that is that: you are kaput,” she says.

On a second recording, made in a parallel class at the same school, the policewoman goes into more detail about the dangers of being placed on the watch list of the police’s commission for the affairs of minors.

“When you are put on the watch list you can forget about your future and your plans for the future because you will not be able to get into any university. I am not talking about not being able to buy cigarettes or [inaudible] on a park bench. This is really serious. [. . .] I think your parents could also have a rough time at work. And basically, it is no fun being on the watch list, something everyone finds out later. Because we alert everyone that their employee’s child has been put on the watch list for this reason and that,” she says.

The school’s deputy headmaster then addresses the pupils.

“The main thing you have to understand is that the people who try to get you involved in this are just manipulating you. They could not care less about your civic stance. You are just numbers to them. They count you up and say that a hundred people, a thousand people came out for the rally. During the war, people like this were called ‘cannon fodder,'” he says.

“Remember that every so-called stroll in quotation marks—because, unfortunately, all children say they were strolling there—can bounce back on you in the sense that your entire educational trajectory and all your plans can be ruined very bitterly. We just worked together to try and save a pupil in the eleventh form after this situation because he was planning to go to a higher education institution connected with the law enforcement authorities. A lawyer was hired to defend him and he managed to get the charges dropped because the kid really had participated in so many academic competitions that it played a decisive role. But I would not wish what he went through on anyone. So don’t do it. Be smart and realize that the money they [inaudible] will later turn into tears of blood shed by your parents in the form of heavy fines,” he says.

According to our anonymous source, the preventive talks took place in the ninth and tenth forms at his school. He speculated they had probably taken place in other forms, too.

Translated by the Russian Reader

Three Years in Prison for Touching a Policeman’s Helmet

fullscreen-1qel
Kirill Zhukov was sentenced to three years in prison for touching a Russian National Guardsman’s helmet. Photo by Yevgeny Razumny. Courtesy of Vedomosti

Number of Guilty Verdicts in the Moscow Case Reaches Five
Anastasia Kornya and Svetlana Bocharova
Vedomosti
September 5, 2019

On July 27, 2019, during an “unauthorized” rally in support of independent candidates to the Moscow City Duma, Kirill Zhukhov raised the visor of a helmet worn by a Russian National Guardsman. Yesterday, September 4, he was found guilty of violence towards a government official, as punishable under Article 318.1 of the Russian Criminal, and sentenced to three years in a medium-security prison colony. The verdict said that Zhukov, acting intentionally and fully aware he was dealing with a government official who was performing his duties, struck him a single blow to the head with his left hand in an attempt to tear off the helmet, causing the victim physical pain.

State investigators conducted a special forensic test establishing, allegedly, that even a slight, upward blow with the hand to the helmet’s visor causes the head to tilt back and the strap to make full contact with the skin in the chin area [sic].

Zhukhov, on the contrary, tried to prove he had only waved his hand in front of the guardsman’s visor since he wanted to draw his attention to a woman injured during the rally. But the court reacted to his testimony “critically.” As the judge explained, Zhukhov’s purpose in testifying in this way had been to mitigate the severity of his crime.

On Wednesday, the Meshchansky District Court sentenced Yevgeny Kovalenko to three and a half years in a medium-security prison colony. He was found guilty of violence against two law enforcement officers. Allegedly, he pushed one of the officers and threw a garbage can at the other.

“Fully cognizant that the man before him, Tereshchenko, was performing his duties, [Kovalenko] pushed him on the right side of the torso with both hands, causing him to lose balance and fall from the height of his own height [sic] on the granite steps and experience physical pain,” the verdict stated.

Continuing to act with criminal intent, Kovalenko grabbed National Guardsman Maxim Saliyev by the body armor with both hands, abruptly pulling him and dragging him towards himself and thus causing him physical pain. After Tereshchenko pushed Kovalenko away, Kovalenko grabbed a trash receptacle and threw it at the guardsmen, hitting Saliyev in the lower back. According to the verdict, the guardsman experienced not only physical pain when falling but also emotional suffering since, at that moment, he remembered he had to perform his duties [sic].

During the trial, Kovalenko explained he had not intended any harm. He had only tried to frighten off policemen who were beating up protesters. However, the judge said the court was skeptical of his claims. They were refuted by the evidence in the case file and were an attempt to avoid punishment.

“The court notes the consistent and purposeful nature of the defendant’s actions, testifying to his criminal intent to employ violence,” the verdict stated.

The judge emphasized that arguments about police misconduct could not be considered during the trial and were not evidence of the defendant’s innocence.

Kovalenko’s defense counsel Mansur Gilmanov pointed out that the crime with which his client had been charged was a crime against the normal functioning of government. It thus followed that beating up peaceful protesters was one way in which the government normally functioned, he argued.

Svetlana Bayturina, Zhukov’s lawyer, called the sentence handed down to her client unprecedentedly severe: usually, such cases had resulted in fines for defendants or, at most, suspended sentences. The speed with which the case was investigated and tried was also unprecedented: the investigation took three days; the trial, one. Bayturina promised the defense would appeal the verdict and intended to take the case all the way to the European Court of Human Rights in Strasbourg.

This was the second “judgment day” for arrested protesters. The day before, blogger Vladislav Sinitsa was sentenced to five years in prison for posting a tweet the prosecution had described as a call to harm the children of law enforcement officers. Technician Ivan Podkopayev was sentenced to three years in prison for spraying pepper spray in the direction Russian National Guardsmen, while businessman Danila Beglets was sentenced to two years in prison for grabbing a policeman’s arm. Their cases were tried under the special procedure: neither man denied his guilt.

Gilmanov noted there was no significant difference between the sentences given to defendants who made deals with the prosecution and those handed down to defendants who pleaded not guilty. This testified to the fact the verdicts were political. The sentences were decided by more senior officials and legal nuances did not matter much, he argued.

Protesters arrested and charged under Article 318.1 after a similar “unauthorized” rally in Moscow on March 26, 2017, were given much lighter prison sentences, between eight months and two and a half years. For example, Stanislav Zimovets, convicted of throwing a brick that hit a riot police commander in the back, was sentenced to two years and six months in prison, while Dmitry Krepkin, who kicked a riot policemen’s hip or his billy club, was sentenced to eighteen months in prison. Only Andrei Kosykh, convicted of punching one policeman’s helmet and kicking another policeman in the neck and lower jaw, was sentenced to three years and eight months in prison, but he was convicted under Article 318.2, which covers violence that could result in death or grievous bodily harm.

The sentences in the so-called Moscow case have been roughly the same as those handed out in the Bolotnaya Square Case in 2012, only this time the protesters had not resisted law enforcement officers at all, political commentator Alexei Makarkin noted. According to him, the sentences in the current cases were dictated by the new rules of the game.

“Whereas before if someone hit a policemen in the teeth and damaged the enamel, he would do hard time, now people are getting similar, slightly shorter sentences for lifting the visors on riot policemen’s helmets, while people who grabbed a policemen by the arms are getting two years in prison,” Makarkin said.

In the Bolotnaya Square Case, the official charges looked more serious, Makarkin argues. The confrontation on the square was much rougher. In some ways, it harked back to the 1990s, when people fought with policemen without incurring such long sentences, he noted.

“The Bolotnaya Square Case marked a new phase. We realized the state had made it a rule that if you raised your hand against a police officer, you would go to jail. If a policeman raised a hand against you, he would be commended,” Makarkin said.

This time, the security forces also wanted to punish a certain number of people, but they failed to put together a new Bolotnaya Square case.

“So they decided anyone who had raised their hand and somehow touched a policeman should go to jail. But since they failed to dig up anything serious, they chose from what they had to work with,” Makarkin said.

Translated by the Russian Reader

Max Stropov: The Cop’s Sacred Body

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Max Stropov
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September 3, 2019

The trials in the so-called Moscow case, in which protesters have been charged with violence against “law enforcement officers” and sentenced to hard time in prison for touching policemen or Russian National Guardsmen, are yet another vivid illustration that violence is not even remotely the issue. The case more resembles lèse-majesté, “doing wrong to majesty,” a modern form of the crime of offending the dignity of sacred authority.

One of the most immediate and common incarnations of this power in the Russian Federation is the Cop’s Body, which has been endowed with more and more mana and has become increasingly taboo. Since the center of power is a void, the ring surrounding the center, the annulus, the sphincter—which, in fact, is the Cop’s Body—has increasingly gained weight. (The numbers of policemen and other “law enforcement officers” in the Russian Federation have been multiplying.)

The Cop’s Body is impersonal, non-individual, and plural. When they are cracking down on demonstrations, law enforcement’s so-called foot soldiers behave like a herd of animals or a swarm of insects. Their faces are concealed. As Putin’s press secretary Dmitry Peskov has argued, they are not citizens.

“In the line of duty,” when “enforcing the law,” their body is transformed into the law’s body. We could also argue, on the contrary, that the law itself is abstract. It means nothing. It acquires reality and efficacy only in the Cop’s Body, which also has no direct connection with the identities of the policeman who constitute it.

Attempts to out and name otherwise anonymous riot cops encounter such resistance not because the cops could get killed, but because they violate the sacredness of their Body.

As for the “physical” and “emotional” trauma they suffer, allegedly, when protesters throw paper cups at them, this trauma is purely symbolic since non-individual, plural, and impersonal power also suffers.

Generally, then, the Cop’s Body does not suffer nor, probably, does it ever die.

Such is the theology of the police. This summer, it would even seem Russian cops have surpassed Russian priests in their sacredness.

Thanks to Max Stropov for his permission to translate and publish this text. Image courtesy of Max Stropov. Translated by the Russian Reader