“Young People Gathered to Voice a Silent Reproach”: Dmitry Borisov’s Closing Statement in Court
February 21, 2018
Dmitry Borisov. Photo by Irina Yatsenko. Courtesy of OVD Info
Moscow’s Tverskoy District Court is scheduled to pass sentence on Dmitry Borisov at twelve noon on February 22. Borisov is a defendant in the so-called March 26 Case, involving various “forceful actions,” allegedly taken by protesters against policemen and Russian National Guardsmen on Pushkin Square during a March 26, 2017, rally inspired by Don’t Call Him Dimon, a video exposé posted on YouTube on March 2, 2017, by anti-corruption activist and would-be presidential candidate Alexei Navalny. The video accused Russian prime minister and former president Dmitry Medvedev of wide-ranging corruption. The prosecution has asked the judge to sentence Borisov to three years in prison.
The court heard the defense’s and prosecution’s closing arguments, as well as Borisov’s closing statement on February 20. According to our count, forty-six people came to the hearing to support Borisov, many of them wearing t-shirts emblazoned with his picture. Prosecutor Larisa Sergunyayeva rattled off her closing argument, a printed text that she read out to the court. During her speech, activist Ildar Dadin called her a few rude names. Dadin was removed from the courtroom, but Sergunyayeva did not slow down her rapid-fire delivery.
According to Sergunyayeva, the testimony given by policemen was believable, while the testimony of protesters could not be trusted because they had a stake in the case’s outcome. Borisov’s malicious intent was allegedly proven by the discovery of a chat session on Telegram chat on his elephone in which he had written about planning to go to the rally with friends. Many positive character references were made on Borisov’s behalf, and he had no criminal record, but if the prosecutor has her way, he will spend three years behind bars for violating Article 318 Part 1 of the Russian Criminal Code, which stipulates a maximum punishment of five years in prison.*
Borisov’s attorneys, Ilya Novikov and Nikolai Fomin, spoke for about an hour and a half. They explained Borisov had been standing calmly at the rally when, for no apparent reason, police seized his friend and dragged him to the paddy wagon. Borisov grabbed his friend. The police knocked Borisov to the ground and beat him. Four of them dragged him to the paddy wagon. The lawyers explained the prosecution’s claim Borisov had wrested a leg free from one of the policemen carrying him and kicked him in the helmet was untenable, since the policeman who had testified he had seen this was located somewhere where he could not have seen the incident. They also argued the policemen who were witnesses in the case had perjured themselves when discussing the administrative charges also filed in connection with the events of March 26, 2017. They argued that if Borisov really had kicked the policeman’s helmet, he probably would have broken his visor, because Moscow police are currently outfitted with extremely poor-quality helmets. Finally, the defense pointed out the alleged victim did not immediately file charges. He did so two months later, apparently under pressure from Investigative Committee detectives Alexander Uranov and Rustam Gabdulin, notorious for their involvement in the Bolotnaya Square case. They handled the investigation of the March 26, 2017, case in exactly the same manner.
The defense attorneys predicted the court would hand down the worst sentence possible.
OVD Info has published Dmitry Borisov’s closing statement in court, below. The transcript may contain a few mistakes, because the accused spoke softly.
Dmitry Borisov: Closing Statement in Court
Your honor, the lawyers spoke very professionally, for which I am quite grateful. I did not use violence against police officers, nor did I intend to do so, because, at very least, it would have been senseless to do so. I had been captured by four policemen and was in a vertical position. All I could see was the sky.
I honestly do not understand why for nine months running I have been traveling to interrogations and court hearings not from home, but in trucks in which fifteen people sit in a three meter square cage. After sitting in this cage for seven hours, they faint and have to urinate in bottles, because the truck is parked in the garage of the Moscow City Court.
I also do not understand why I have spent many hours in the so-called assembly cells at the remand prison, that is, halfway between my cell and the trip to court. These cells are sixteen meters square, and fifty men, all of them smoking, are crammed into them. That is more than three persons per square meter. Try and imagine three men smoking in a one square meter space. Try and imagine how they feel. These cells are so filthy many people would not believe such a thing was possible in the capital of our mighty country. I do not want that to sound too sarcastic. I love my country, and that is a partial explanation of why I was in Pushkin Square on March 26. There are people who say you can judge a city by the cleanliness of its toilets. If you saw the toilet in the assembly cell you would think you were in a village on the outskirts of a godforsaken banana republic.
As for the cells in Butyrka Prison, they are scruffy, filthy dungeons with a view, for example, of an unimaginably dirty brick wall. That is the view in my cell. There is no heat. We have a single radiator in our cell, but it does not work. The ventilation consists of nine tiny holes, although the cell houses twenty-eight smokers.
My lawyers have spoken about how the case was politically motivated from the get-go. The actions of the investigators and their assistants were aimed from the very outset at proving my guilt. Although Ilya Novikov has spoken about it, I would like to mention the photograph of eight defendants in the Bolotnaya Square case that proudly hangs above Investigator Uranov’s desk, with the sentences they received written below each defendant in increasing order. If I am not mistaken, the longest sentence was four years. Apparently, Mr. Uranov is especially proud of this picture. I personally witnessed him getting on the internet and searching for news about how he had apprehended “enemies of the people.” He was upset when he discovered his name spelled incorrectly in one article. I cannot remember whether his first name is Alexei or Alexander, but it was written incorrectly in the internet. He was quite adamant on this point.
As for the case itself, my guilt consists only in the fact I tried to prevent my friend from being abducted. In the opinion of some people, he was in the wrong place at the wrong time on March 26 in Pushkin Square. I am convinced it is wrong to grab people in the center of our country’s capital as if they were animals and drag them to a paddy wagon without identifying yourself and explaining the charges, even if you are wearing a security services uniform.
And that day more than a thousand people were detained.
They were detained not for holding an unauthorized rally, but for making a silent reproach. It took me a long time to find the right word to express what happened there. Young people gathered there to voice a silent reproach, to force the authorities to think a little.
We did not gather to engage in bloody revolution, but to remind the authorities it is worth giving things some thought. Otherwise, their actions really will lead to hungry bloody riots. Therefore, I ask you to exonerate me. I am not guilty of anything. I have been in jail for nearly eight and a half months for no reason at all.
* “Use of violence that does not endanger human life or health, or threats to use violence against a representative of the authorit[ies], or his relatives, in connection with the discharge [of] his official duties, shall be punishable by a fine in the amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to five years.” Source: The Criminal Code of the Russian Federation
OVD Info reported that on February 22, 2018, the Tverskoy District Court found Dmitry Borisov guilty as charged and sentenced him to one year in a medium-security penal colony.
Translated by the Russian Reader