Ivan Pavlov: Ripping Up the Russian Constitution

Vladimir_Putin_with_Boris_Yeltsin-Russian-Constitution
“Before leaving the Kremlin, the first Russian president handed over a copy of the Russian constitution, used to swear in the head of state, and the Presidential Emblem to Mr Putin as a symbolic gesture.” “Boris Yeltsin handed over power to Acting President Vladimir Putin in the Kremlin,” December 31, 1999, kremlin.ru

Article 6

1. The citizenship of the Russian Federation shall be acquired and terminated according to federal law; it shall be one and equal, irrespective of the grounds of acquisition.

2. Every citizen of the Russian Federation shall enjoy in its territory all the rights and freedoms and bear equal duties provided for by the Constitution of the Russian Federation.

3. A citizen of the Russian Federation may not be deprived of his or her citizenship or of the right to change it.
—The Constitution of the Russian Federation, “Chapter 1: The Fundamentals of the Constitutional System”

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The Constitution Does Not Count: How the Duma Has Planned to Strip Russians of Citizenship
Ivan Pavlov
RBC
June 22, 2016

Anti-terrorism legislation is a legal grey zone in any country. The balance between protecting public security and preserving civil rights is elusive and unsteady. However, Russian MPs, already inclined to shoot from the hip, have surpassed themselves this time by having a go at no less than the foundations of the Russian Federation’s constitutional system.

One of the measures included in the packet of “anti-terrorist” amendments tabled by a group of MPs led by Irina Yarovaya (which should be adopted in its second reading on June 24) would strip Russians of their citizenship. This punishment would be meted out for terrorist and extremist crimes, joining the civil service in other countries, and working with international organizations in which Russia is not involved.

This list, I am sure, will expand as a matter of political necessity.

Previously, a person could waive his or her citizenship only on their own behest by making a written statement. Now the actions listed above have been made equivalent to this personal initiative. The relevant amendments, if adopted, would be incorporated into the law “On Citizenship.”

Depriving a person of his or her citizenship is banned by Chapter 1, Article 6 of the Russian Constitution. Chapter 1 is entitled “The Fundamentals of the Constitutional System,” meaning the ban is among our country’s most basic laws. A Constitutional Convention would have to be called to amend them. Trying to push through a initiative like this via ordinary legislative procedure looks surprisingly brazen even amid the Sixth Duma’s other legislative feats.

The wording of the bill merits special attention.

“Citizenship of the Russian Federation is terminated on the basis […] of the person’s freely declared intent, as expressed in the commission of acts stipulated by this Federal Law.”

The rationale of legislators is extremely farfetched in this case. The point is not to comply with the Basic Law but to come up with a way of bypassing the mandatory prohibition established by the Constitution.

To get a sense of how crooked this end-around would be, imagine similar wording for bypassing the moratorium on the death penalty: “The person’s voluntary departure from life on the basis of his freely declared intent, as expressed in the commission of certain acts.” This is a case when Lenin’s adage (“technically correct, but basically mockery”) applies.

Against this backdrop, the possibilities for interpreting the proposed rule broadly do not appear so dramatic, but they do exist, and they are dangerous.

“Renunciation of Russian Federation citizenship, as expressed in the commission of acts, is not allowed if the Russian Federation citizen has no other citizenship and no guarantees of obtaining it.”

What would be meant by these guarantees in practice? Anything whatsoever: relatives or even just contacts abroad, employment in foreign organizations, etc. We end up with yet another legal cudgel against “foreign agents” and the “fifth column.”

“Work in international organizations (associations) in whose activities the Russian Federation is not involved, without the consent of the authorities, unless otherwise stipulated by an international treaty of the Russian Federation”: this language provides unprecedented scope for stripping undesirables of Russian citizenship.

It is not just a matter of NGOs, although employees of Amnesty International, Greenpeace, and similar organizations risk being the first to be run over by this steamroller. Any commercial company can be construed as an international organization: all that matters is that its operations extend to several countries.

The new legislative initiative is another step toward isolating Russia from the rest of the world.

Ivan Pavlov is an attorney at law and director of Team 29. Translated by the Russian Reader

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The Toponymic Commission

 Социалистическая улица. Первоначально — Кабинетская (с 1776 по 1822 год). Название дано по Кабинетскому двору
“Socialist Street. Originally called Cabinet Street (from 1776 to 1822). Named after the Cabinet Court [sic].” Source: Partizaning, Facebook, November 19, 2015

Actually, the apparently much reviled Socialist Street was named Cabinet Street from 1784 to 1821. From 1821 to October 1918, it was named Ivan (?) Street (Ivanovskaya ulitsa), allegedly, after St. John the Baptist Church, which Wikipedia claims was located on the street itself (at No. 7). However, the redoubtable website Citywalls.ru says the church at this address was called the Church of the Transfiguration.  Another source (K.S. Gorbachevich and E.P. Khablo, Pochemu tak nazvany? Leningrad: Lenizdat, 1985, p. 357) asserts the street was so called (Ivan is the Russian equivalent of John) because it “led” to the church of that name. The only extant St. John the Baptist Churches in modern-day Petersburg are the renowned Chesme Church at 12 Lensoviet Street, whose official name is, indeed, the Church of the Nativity of St. John the Baptist. But it is located approximately eight kilometers to the south of Socialist Street. An identically named church on Stone Island is nearly as far away: it is seven kilometers to the north of Socialist Street.

The former Leningrad Food Industry Workers House of Culture, now the State Hermitage Hotel. Pravda Street, 10, Petersburg, October 20, 2015. Photo by the Russian Reader
The former Leningrad Food Industry Workers House of Culture, now the State Hermitage Hotel. Pravda Street, 10, Petersburg, October 20, 2015. Photo by the Russian Reader

This is not to mention the fact that most Petersburgers with more than a passing interest in krayevedenie (local lore and history) would know it was the current Pravda Street, which intersects Socialist Street and is so named because the first issue of the newspaper Pravda was run off the presses there in 1912, that long bore the name Cabinet Street, from 1822 to 1921. The street was called that because the quarter was inhabited, among others, by clerks from His Imperial Majesty’s Cabinet, the agency in charge of the Russian imperial family’s personal property and other matters from 1704 to 1917.

Pravda Street, 3. October 20, 2015. Photo by the Russian Reader
Pravda Street, 3. October 20, 2015. Photo by the Russian Reader

His Imperial Majesty’s Cabinet was headquartered in the imposing neoclassical building, on the corner of Nevsky Prospect and the Fontanka Embankment, built in the early nineteenth century by Giacomo Quarenghi and Luigi Rusca. The funny thing is that most locals, if asked, would probably identify the building as part of nearby Anichkov Palace, which originally housed His Imperial Majesty’s Cabinet and then, years later, served as the residence of the future Alexander III and his family. In Soviet times, the Anichkov Place became the Young Pioneers Palace, but is now known as the Palace of Youth Creativity. TRR

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On the Question of Renaming
Sergei Babushkin
babs71.livejournal.com
November 9, 2015

Recently, there has been a vigorous public discussion of renaming Voykov subway station in Moscow, just as earlier, the renaming of Bela Kun Street in Petersburg was discussed. I will add my own five kopecks to the topic.

The arguments of those who support renaming the station can be summarized as follows. Pyotr Voykov was a terrorist involved in the murder of the royal family and basically a bad man. Opponents of the renaming argue, on the contrary, that the charges leveled against Voykov are exaggerated, to put it mildly. Apparently, Voykov did not take part in the murder of the royal family personally (except that, along with other members of the Ural Soviet, he was party to the decision to execute them), and many other charges are based on articles published in the yellow press. (You can find the particulars here.) However, in my view, even if all the allegations against Voykov were valid, the station should not be renamed. Why not?

On the one hand, toponymy is just as much as inalienable part of our history as folk songs, architectural landmarks, literature, music, and all the rest. Attempts to change place names many years after they emerged only because our attitude to historical figures has changed are just as much acts of vandalism as demolishing landmarks and destroying historic buildings. In my view, this species of vandalism is much more shameful than the similar renamings committed by the Bolsheviks. At least the Bolsheviks were consistent. They demolished historical landmarks because they wanted to start with a clean slate. Nowadays, on the contrary, the restoration of history is advocated, but the methods used to “restore” this history are Bolshevik and anti-historical.

On the other hand, condemnation of the Bolsheviks is an attempt to judge figures of the past in terms of today’s standards. Such an approach, again, is anti-historical, and this pretext can be used to call for demolition of monuments to any historical figure. Let us condemn Peter the Great for killing his son and the numerous fatalities incurred during implementation of his projects, many of which, in all honesty, the country did not need. Let us condemn Catherine the Great for carrying out a coup and murdering her husband. Let us condemn Alexander I for complicity in the plot to kill his father. Sound good? Moreover, many of Voykov’s opponents say he murdered innocent children. However, the monarchical system was organized in such a way that these same innocent children might have presented a direct threat to their political foes, since they could have served as a standard around which monarchist forces could have rallied. Let us recall that the rule of the Romanovs began with the hanging of three-year-old Ivashka Voryonok (Ivan Dmitryevich), son of Marina Mniszech. But he was no more to blame (and no less to blame) than the Tsarevich Alexei.

In addition, the current situation is also marked by flagrant hypocrisy. There is a lot of talk in Russia nowadays about national reconciliation. However, for some reason, reconciliation takes the form of dismantling monuments and changing place names associated with revolutionaries, while the cult of their opponents (primarily, the “innocent martyr and holy tsar” Nicholas II, who bore direct responsibility for the country’s downfall) is assiduously propagated. Excuse me, but I cannot call that anything other than a scam.

Translated by the Russian Reader

Busts of the Tsetsarevich Alexei, Emperor Nicholas II, and Empress Alexandra, all identified as "holy martyrs," outside the Theotokos of Tikhvin Church, Petrograd, April 25, 2015. Photo by the Russian Reader

Busts of the “Holy Martyr” Tsarevich Alexei, “Holy Tsar and Martyr” Nicholas II, and “Holy Tsaritsa and Martyr” Alexandra, outside the Theotokos of Tikhvin Church, Petersburg, April 25, 2015. Photo by the Russian Reader 

What Russia Means to Me

Fyodor Vasilyev, The Thaw, 1871. Oil on canvas, 107 x 53.5 cm. Image courtesy of Wikiart
Fyodor Vasilyev, The Thaw, 1871. Oil on canvas, 107 x 53.5 cm. Image courtesy of Wikiart

A Circus, Psychopaths, and a Great Power: We Found Out What You Associate Russia With 
Guberniya Daily (Petrozavodsk)
June 14, 2016

On Friday [June 10], on the eve of Russia Day, we asked what you associate our country with. We suggested more or less decent answers and waited for the results to roll in. Ultimately, we learned that many of you associate our country with “a circus,” “psychopaths,” and “corruption.” And also with Putin. We got the impression that the respondents lived in different countries: some had it all bad, while others, on the contrary, had it all good. That is why a serious discussion, numbering over a hundred comments, broke out below the survey. So let us have a look at what many people associate Russia with.

First, the results of the survey:

opros
“I associate Russia with . . .” Putin: 204 votes, 22%; Bears, balalaikas, and vodka, of course: 125 votes, 13.5%; The tricolor, the double-headed eagle, and other symbols: 70 votes, 7.5%; Souvenirs: matryoshka dolls, Gzhel ceramics, Khokhloma tableware, etc: 43 votes, 4.6%; Stern men in uniform: 38 votes, 4.1%; The ballet, the theater, and the arts generally: 41 votes, 4.4%; Birch trees: 117 votes, 12.6%; actor Sergei Bezrukov and birch trees: 48 votes, 5.2%; Women wearing hats inside: 36 votes, 3.9%; My answer is not listed here; I’ll write it in the comments: 206 votes, 22.4%. A total of 928 people voted on June 10, 2016

As you can see, the answer “Putin” came in first place, “Bears, balalaikas, and vodka,” second, and “Birch trees,” third. It was in the comments that things got complicated.

Here are just a few of your answers (the original spelling and punctuation have been preserved):

I would like to associate it with birch trees. But, alas, I associate  it with Krushchev-era blocks of flats [khrushchovki] and Brezhnev-era blocks of flats [brezhnevki] ))

With a complete lack of prospects for a decent life.

Brezhnevki. Photo courtesy of Guberniya Daily
Brezhnevki. Photo courtesy of Guberniya Daily

A country where happiness is forever in the future.

Where can I answer “with a total f–ing mess”?

With beautiful girls

With bad roads and a country where it is extremely hard to find a good job (even with a university degree)

The Motherland, just the Motherland

With a slave mentality, neo-feudalism, the lack of a future, vatniks,* and a huge ego trip about its “greatness”

Recently, only with “seagulls,” cellos, and Panama hats . . .**

alas, I feel like splitting from here like Peter the Pig, a typical post-Soviet space with khrushchovki and rutted roads and yards that have not been repaired since Soviet times

With psychopaths.(

With people who work and earn less than a living wage.

With corruption, drunkenness, and parasitism . . .

Motherland, history, childhood,  family . . .

Minus all the sarcasm and crap written [here]. MOTHERLAND to me is MOM, CHILDHOOD AS A YOUNG PIONEER, THE COMMUNIST YOUTH LEAGUE, BIRCH TREES AND LAKES, SAYING FAREWELL TO KINDERGARTEN IN THE VILLAGE OF SNEZHNOYE, AND THE SIMPLE PRIDE THAT I AM A RUSSIAN

With a strong country!!! And Putin. 

Strange that nearly everyone answers in the present tense.=) Or is that how we should answer? Then,  apparently, I didn’t understand the question.  The country is ancient and large, with a difficult destiny and history. Loving the Motherland . . . in my view you love it no matter who rules it. True, then your love manifests itself differently at different times. What you cannot take away from it is the natural beauty and the people . . . The people in this country are still good. The times are often complicated. But you can get through them by looking at the beauty of nature and the spiritual beauty of people.=) Something like that.

To answer simply and cornily, Russia is the place where I learned to walk and talk. But to answer the question from the viewpoint of a person who is a citizen of Planet Earth: Russia is a multiethnic, multi-party country. It has become the rage in Russia to say what one thinks about Putin, about world politics and foreign policy. I am afraid it will soon become a ritual, like the morning conversation about the weather among the English.

Kickbacks and dog and pony shows.

With the permafrost.

With poverty

* vatnik = “Russian patriot and nationalist (An outspoken follower of Putin, who aims to compensate his meaningless life by glorifying the motherland. This insulting term derives from the name of an iconic Soviet padded uniform jacket issued during WWII.” Source: Multitran.ru

** A reference to Russian Prosecutor General Yuri Chaika (his surname means “seagull” in Russian), recently reappointed to another five-year term despite substantial allegations of corruptions against him and his family, and cellist Sergei Roldugin, implicated as Putin’s bagman in the Panama Files.

Translated by the Russian Reader. Thanks to Comrade VZ for the heads-up

Anna Karpova: The Unstable Prisoner, the Exclusion Zone, and Infinity

Alexei Gaskarov and Anna Karpova. Photo courtesy of Anna Karpova and PRI
Alexei Gaskarov and Anna Karpova. Photo courtesy of Anna Karpova and PRI

Anna Karpova
The Unstable Prisoner, the Exclusion Zone, and Infinity
Snob.ru
June 18, 2016

“Gaskarov has had reprimands both at the pretrial detention facility and the penal colony. There have been commendations, too. He works hard, studies well, and runs economics seminars for the inmates. But now he gets reprimands, then he gets commendations He is unstable somehow, unstable.”

Lieutenant Colonel Plaksin (I now always pay attention to such things) stared at the table. He was trying to explain to the judge why the wardens of the penal colony were opposed to paroling my husband.

I remember how I was invited to the studios of TV Rain the day the second wave of Bolotnaya Square defendants was sentenced to talk about we would do next. I put on a brave face and said the heck with the sentence. We would get everyone out on parole. But who knew Plaksin would be staring at the table?

There really is an outstanding reprimand in convict Gaskarov’s personal file: for not greeting an employee of the prison administration. When the judge was reading out the report on this terrible incident, I got goosebumps myself. Was this the man I had married?!

In short, the request for parole was denied.

The handful of people to whom the Bolotnaya Square case still matters send us rays of supports and remind us that, in the worst circumstances, we have a little less than four and a half months to wait.  They assure me the time can be done “standing on one leg.” It is nothing compared to the three years already served.

But that is not how it works.

Maybe I have been playing Fallout 3 (a video game about life on earth after a nuclear war) way too much, but I will say this. The trials and hearings, the pretrial detention facilities, and the penal colonies are like exclusion zones, places with elevated radiation levels that (I will tell you a secret) poison and destroy the individual. The more time you spend there, the worse the consequences are. Everyone involved in the process is irradiated. The prisoner and his family have it the worst of all, of course. Friends, acquaintances, and sympathizers are also affected, albeit on a lesser scale. The impact of the “radiation” does not end when the sentence ends.

The radiation sickness caused by the Russian penitentiary system can manifest itself in very different ways. For example, when it is quite hard to admit your absolute helplessness before court and prison functionaries, you might think there was “that one piece of paper” that could have fixed everything, but you fools did not bother about it. The thought eats into your brains and prevents you from working, sleeping, and communicating with each other. Worst of all, you look for someone to blame. Who messed up? The lawyer? The prisoner? His wife? His parents? The incident then comes up in every stressful situation, most likely, after release as well. The gulf between what prisoners have gone through and what their families went through fighting on the outside can be bridged only by the most patient and wisest. The former will never fully understand what it was like for the latter, and vice versa.

Each week spent there, behind the penal colony’s dilapidated fence, means the risk of sustaining all the major injuries and traumas that will make themselves felt in the most unexpected situations for a long time to come. Not to mention the fact that if you suddenly have the most ordinary appendicitis on the inside, you are probably a goner.

When I am asked whether everything is okay, whether there have been problems at the penal colony, it is enough for everyone to hear that my husband has not been transferred to maxim security, and that neither the wardens nor the inmates have been messing with him, but that amounts to only ten percent of possible problems. The other ninety percent have to do with how inmates and their families digest what has happened to their lives. And it not the done thing to talk about it, but an additional four and a half months feel like an infinity and keep on poisoning the lives of those who wait.

This means there is no “only” when we are talking about the remainder of a prison sentence. And it means we must fight for every month of freedom, even for a single month. By the way, that is how it is going to be with us.

Translated by the Russian Reader

On a Rope

c2e84d7025108ab8de16bf579854f5c7

Artem Kravchenko
Facebook
January 22, 2015 • Razvilka, Moscow Region

Re: words and deeds

My elder brother has a wife and four children, aged almost zero to nine years old. Boy-girl-boy-girl.

In this situation, of course, overall carelessness means that all six of them are stepping on each other’s toes, running around, jumping, being late getting somewhere, losing socks, toys, passports, and so on and so forth.

I don’t know exactly in what terms the youngest part of the family reflects on these difficulties (and whether they do reflect on them), but the eldest part of the family, it goes without saying, periodically tends to resort to dramatic statements on the matter.

For example, the mother of the family took a shine to a remarking, “It’s time to lather the rope!”

You can utter this phrase exhaustedly and phlegmatically. Or, on the contrary, belt it out while wringing your hands. Or stress each word strictly and disapprovingly. Basically, there are plenty of fine options.

But, as we all know well, “We cannot predict / How our words will resound” (Tyutchev).

Eventually, after a while my three-year-old nephew showed up and said, “Mom, I lathered you a rope.”

He pulled out a fairly long piece of twine, solicitously adding, “With good antibacterial soap.”

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Current Time
June 17, 2016

Community volunteers in Novosibirsk have spent a grant from the mayor’s office to organize a Zarnitsa [Soviet-era children’s war game] for children with disabilities. The goal was to adapt the children to life and integrate them into society. This is an interesting way of doing it.

[Subtitles]

The Novosibirsk authorities organized a Zarnitsa game for orphans and children with disabilities.

“And smile!”

“Put down the pistol.”

“There will be live fire. We are going to be firing, and we will be fired on.”

[Sign on left:] “Red Army warrior! The lair of the fascist beast lies ahead.”

“This is a war game, which the young generation needs nowadays.”

The game was meant to help the child adapt to life.

Translated by the Russian Reader. Photo courtesy of fakty.ictv.ua

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Alexei Gaskarov Denied Parole

Alexei Gaskarov on Bolotnaya Square, Moscow, May 6, 2012
Alexei Gaskarov on Bolotnaya Square, Moscow, May 6, 2012

Alexei Gaskarov Denied Parole
Grani.ru
June 17, 2016

Novomoskovsk City Court in Tula Region has denied Bolotnaya Square case convict Alexei Gaskarov’s request of parole, Gaskarov’s wife Anna Karpova [sicreported on Snob.ru.

“Novomoskovsk City Court Judge Irina Sapronova turned down the request. The spokesman for the penal colony also testified against the request, because Gaskarov had been reprimanded for not greeting a penal colony employee in March,” wrote Karpova.

According to Karpova, the penal colony gave Gaskarov a negative character report. The report noted that the convict had been issued two disciplinary reprimands in solitary confinement and two in the colony for violating the daily routine and not greeting wardens.

And yet the report states that Gaskarov has not violated the internal code of conduct or the terms of his sentence, has been working at the colony and taking part in social activities, has qualified as an electrician, and has been studying to be a welder. Gaskarov has received two commendations for hard work and good behavior. He is polite with the wardens, neat, has a positive effect on new inmates, attends events, and has no outstanding writs of enforcement, the report states.

Gaskarov was arrested in late April 2013. On August 18, 2014, Judge Natalia Susina of the Zamoskvorechye District Court in Moscow sentenced the activist to three and a half years in a medium-security penitentiary facility under Criminal Code Articles 212 (involvement in rioting) and 318.1 (use of non-threatening violence against a state official).

Gaskarov was found guilty of tugging police officer Pavel Bulychev’s arm and police officer Igor Ibatulin’s leg. Gaskarov claimed he tugged Bulychev’s arm to break a police chain that was causing the crowd to stampede. He attempted to pull Ibatulina away from a detainee lying on the ground.

Gaskarov himself was severely beaten at Bolotnaya Square on May 6, 2012, sustaining lacerations to his head. And yet the Russian Investigative Committee refused to file criminal charges in response to his complaint.

On November 27, 2014, a panel of judges at the Moscow City Court (with Tatyana Dodonova acting as reporting judge) left the antifascist’s verdict unchanged.

On June 24, 2015, Novomoskovsk City Court Judge Elena Gorlatova denied Gaskarov parole, citing an outstanding reprimand he received while still in custody at Pretrial Detention Facility No. 5 in Moscow.

Alexei Gaskarov was born in 1985 in Zhukovsky, Moscow Region. A graduate of the Government Finance Academy, he worked at the Institute of Sociology of the Russian Academy of Sciences. In 2010, he was arrested and charged during an investigation of the campaign to defend the Khimki Forest but was acquitted the same year.

Translated by the Russian Reader. No thanks to anyone for letting one of Russia’s finest young men rot in prison for the crime of acting like a decent human being in a horrible situation deliberately provoked by the police. Photo courtesy of bolotnoedelo.info. Read my previous reports on Alexei Gaskarov’s case and the futile efforts to free him.

Valery Brinikh: Report from His Extremism Trial

The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016
The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016

Valery Brinikh
Facebook
June 18, 2016

Hello!

The latest hearing in my criminal case took place in Maykop from 11 a.m. to 4 p.m. on June 17 of this year. This time, the prosecution’s last two witnesses were finally questioned, albeit by a videoconference link with the Soviet District Court in Krasnodar. Vyacheslav Potapov and Vitaly Isayenko were supposed to answer questions about the operations of the website For Krasnodar, on which the article “The Silence of the Lambs” was posted.

It seemed to me that Sergei Shvetsov, senior deputy prosecutor of the Republic of Adygea, was not prepared to examine the witnesses today and the questions he asked them sounded like childish prattle. Even the judge noted this and advised the public prosecutor to concentrate. Ultimately, however, the second public prosecutor, Inessa Orlova from the Maykop City Prosecutor’s Office, took the microphone from Shvetsov and asked the witnesses specific questions.

I was personally interested in Isayenko’s responses to two sets of questions, first, about the circumstances of his interrogation on December 12, 2014. On that day, after the search [at his house], he was brought from Krasnodar to Maykop and interrogated until evening. It was night when they sent him back home to Krasnodar. As Isayenko, who suffers from Type 1 Diabetes, explained, he spent almost half a day at the Republic of Adygea Investigation Department with no food and, much more dangerously, with no insulin. They gave him only water. And yet they interrogated him intensively, trying to squeeze testimony against me and Vyacheslav Potapov, editor of the website For Krasnodar, from him. I was being interrogated in the next room, and I could hear Senior Investigator Kirill Kustov screaming at him. The stress he underwent and the long period he endured without food and insulin landed Vitaly Isayenko in the hospital the day after his return from Maykop. His diabetes flared up and he suffered from other ailments.

I was also interested in Isayenko’s comments, as a computer specialist, on certain statements in the inspection report on the computers seized at Isayenko’s house, an inspection carried out by Senior Investigator Kustov on the night of December 12, 2014. In particular, the report states that three processors were discovered in one of the computers. Isayenko explained there had been only one processor in the computer. He did not know nothing about any other processors.

In general, the witnesses said nothing new. They only confirmed what was already contained in the minutes of their interrogations.

Valery Brinink (left) and his attorney,
Valery Brinink (left) and his attorney, Andrei Sabinin. Maykop City Court, June 17, 2016

After the witnesses were examined, my attorney, Andrei Sabinin, attempted to request that Elizaveta Koltunova, a linguist from Nizhny Novgorod, be examined via videoconference, but the prosecutors objected, and Judge Vitaly Galagan did their bidding. Our request to examine the linguist by videoconferencing was rejected. According to the defense, this stance on the part of the prosecution and the court contradicts the adversarial nature of judicial proceedings and the principle of the equality of arms.

Much more unexpected and even amusing was the procedural action, which took place after lunch, of obtaining handwriting samples and a signature from prosecution witness Mugdin Mossovich Guchetl, a resident of the village of Gabukay. Everything would have been alright if the witness had simply produced his signature in silence, but instead he recalled another circumstance that I think gave the prosecutors a slight shock. Guchetl recalled that in February of last year, when Investigator A.S. Rudenko of the Investigative Department of the Republican Investigative Committee’s Teuchezsky District office took Guchetl’s written testimony, he asked him to sign blank sheets of paper, because, as Rudenko explained, allegedly, he would later type out Guchetl’s handwritten testimony on the computer, but he needed the signatures right away so he would not have to make a return trip to Adygeisk.

The investigator thus clearly violated the procedure for processing interrogation reports, a procedure strictly regulated by criminal procedural laws. At the same time, the investigator committed forgery by inserting things Guchetl did not say into the report. Today, after reading the interrogation report, which is part of the criminal case file, Guchetl categorically stated he did not say to the investigator what was written in the penultimate paragraph of his printed testimony, which reads as follows: “I want to clarify that I strongly disagree with the contents of the article entitled ‘The Silence of the Lambs,’ because I think the article has defamed my honor and dignity as an Adyghe, as well as insulting all Muslims. The article compares us to pigs and cowards, and claims we have no sense of self-esteem.”

Basically, it was for the sake of this passage that the investigator obtained Guchetl’s testimony. In fact, the investigator could have written something even rougher on Guchetl’s behalf, because he already his signatures on blank interrogation report forms.

Finally, I made a motion to rule the Teuchezhsky District Council an illegitimate injured party in my case, since it did not satisfy the grounds set out in Article 42 of the Russian Federal Criminal Procedure Code. When the prosecutors objected as usual, spouting platitudes about the proper recognition of the local authorities as an injured party, we demanded the prosecution present legal grounds for its stance. We were quite curious to find out how exactly the district council had been injured, if, as they themselves have said, the article had caused moral injury to the residents of the Teuchezhsky District.

The prosecutors drew a blank and requested a time-out until the next hearing, at which they promised to provide a written justification for their objection. That suited us just fine, as it did the judge, who postponed consideration of our motion until next time.

The next court hearing is scheduled for June 24.

Translated by the Russian Reader. Photos courtesy of Valery Brinikh. Please read my previous posts on his case.