Ivan Lyubshin at the Kaluga city limits on the eve of his trial. Photo courtesy of Radio Svoboda
Court Sentences Kaluga Resident to Five Years and Two Months in Prison for Comment on Bombing at FSB Office
March 5, 2020
The Second Military District Court, sitting in Kaluga, has sentenced Kaluga resident Ivan Lyubshin to five years and two months in a medium security penal colony for violating Article 205.2.2 of the Russian Criminal Code, which criminalizes “exoneration of terrorism,” for posting a comment on the VK social network about the 2018 suicide bombing at the Arkhangelsk office of the Federal Security Service (FSB). Pavel Chikov, head of the human rights group Agora, reported the verdict on his Telegram channel.
The prosecutor had asked the court to sentence Lyubshin to six years and one month in prison. According to Chikov, Lyubshin and his defense lawyer, Tatyana Molokanova, had insisted on an acquittal. It took the judge two hours to return the verdict.
“I called [Arkhangelsk teenage suicide bomber Mikhail] Zhlobitsky ‘hero of the week, at least,” meaning that he was the hero of the news. This was stretched to make it seems I’d meant he was a hero in general,” the accused said in January of this year.
Lyubshin later deleted the social media comment.
The court examined all witnesses and evidence in the case over a single day, March 4, without Lyubshin present. He told OVD Info that he was on sick leave, and had a doctor’s appointment that day, so he was forced to miss the court hearing.
The prosecution asked that the hearing be postponed until March 14 and Lyubshin’s attendance be assured through compulsory delivery of his person to the court. The defense asked for the same postponement, but objected to the prosecution’s motion for compulsory delivery.
Presiding Judge Alexei Grinev asked for a note from Lyubshin’s doctors to the effect that the defendant was physically unable to attend the court hearing. The doctors refused to give Lyubshin such a note, explaining that such notes were issued only at the court’s request.
The court ruled that the defendant has thus failed to appeared and postponed the hearing of the case until March 5. Lyubshin reported that the court also ruled that he be forcibly delivered to the hearing.
Lyubshin also reported that the FSB officers who were witnesses in his case left in the same car as the prosecutor after the hearing. In addition, one FSB officer, another witness in the case, tried to ask the doctors for details about Lyubshin’s illness. However, they only confirmed that Lyubshin was under their care.
In October 2019, Lyubshin was placed under house arrest on charges of “exonerating terrorism.” He claimed then that FSB officers who interrogated him had tortured him, but the Russian Investigative Committee declined to launch a criminal case against the security service officers in question. In late December 2019, Lyubshin was released on his own recognizance. In March 2019, after the partial decriminalization of Article 282 of the Criminal Code, the court dismissed incitement of hatred charges against Lyubshin for posts on VK. In November 2017, he was found guilty of inciting hatred (Article 282.1) and “exonerating Nazism” (Article 354.1.2) for posts on VK. He was sentenced to pay a fine of 400,000 rubles. Lyubshin was also accused of distributing pornography, but the court acquitted him.
Ivan Lyubshin is the latest in a growing list of Russians prosecuted or facing prosecution for allegedly “exonerating” the suicide bomber Mikhail Zhlobitsky on social media or in the traditional media. Lyubshin has joined the ranks of Svetlana Prokopieva, Anton Ammosov, Pavel Zlomnov, Nadezhda Romasenko, Alexander Dovydenko, Galina Gorina, Alexander Sokolov, Yekaterina Muranova, 15-year-old Moscow schoolboy Kirill, and Vyacheslav Lukichev. On March 5, OVD Info reported that Oleg Nemtsev, a trucker in Arkhangelsk Region, had been charged with the same “crime.” Translated by the Russian Reader