“Goszakaz”: Crimean Tatar Activists Sentenced to Monstrous Prison Terms by Russian Occupation Regime


Reading of the sentence on 16.09.2020. The men are each wearing one letter each of the word ГОСЗАКАЗ (“commissioned by the state”). Photo by Crimean Solidarity. Courtesy of khpg.org

Acquittal and monstrous sentences in Russia’s offensive against Crimean Tatar civic journalists & activists
Kharkiv Human Rights Protection Group
Halya Coynash
September 17, 2020

In the last decades of the Soviet regime, dissidents received 7-10-year sentences for so-called ‘anti-Soviet agitation and propaganda’. Modern Russia, persecuting Ukrainian citizens on illegally occupied territory for their religious beliefs and political views, is doubling such sentences. Seven Crimean Tatar civic journalists and activists have received sentences of up to 19 years, without any crime. Justice had not been expected from a Russian court, however absurd the charges and flawed the ‘trial’, so the only – wonderful – surprise was the acquittal of Crimean Solidarity civic journalist and photographer Ernes Ametov. If Russia was hoping, in this way, to prove that these are real ‘trials’ before independent courts, there is no chance. All eight men have long been recognized as political prisoners, and all should have been acquitted.

The sentences passed on 16 September by judges Rizvan Zubairov (presiding); Roman Saprunov; and Maxim Nikitin from the Southern District Military Court in Rostov (Russia) were all lower than those demanded by the prosecutor Yevgeny Kolpikov, but still shocking.

Crimean Solidarity civic journalist Marlen (Suleyman) Asanov: 19 years

Crimean Solidarity activist Memet Belyalov: 18 years and 18 months restriction of liberty

Crimean Solidarity civic journalist Timur Ibragimov: 17 years and 18 months restriction of liberty

Crimean Solidarity Coordinator and journalist Server Mustafayev: 14 years and 1 year restriction of liberty

Crimean Solidarity civic journalist Seiran Saliyev: 16 years and 1 year restriction of liberty

Edem Smailov (the leader of a religious community): 13 years and 1 year restriction of liberty

Crimean Solidarity volunteer Server Zekiryaev: 13 years

In Soviet times, dissidents received a term of imprisonment, then one of exile. Now they add ‘restriction of liberty’ (ban on going outside Crimea and attending events, as well as having to register with the police). In all of the above cases, the sentences are for maximum security prison colonies, although not one of the men was even accused of an actual crime. They are also sentences that Russia, as occupying state, is prohibited by international law from imposing.

The armed searches and arrests of the men in October 2017 and May 2018 were the first major offensive against Crimean Solidarity. This important civic organization arose in April 2016 in response to the mounting persecution of Crimean Tatars and other Ukrainians in occupied Crimea. The initiative not only helped political prisoners and their families, but also ensured that information was streamed onto the Internet and in other ways circulated about armed searches, arrests, disappearances and other forms of repression. Given Russia’s crushing of independent media in occupied Crimea, the work that Crimean Solidarity activists and journalists do is absolutely invaluable. It has, however, subjected them to constant harassment, including administrative prosecutions, and, when that has not stopped them, to trumped-up criminal charges.

The charges
The men were essentially accused only of ‘involvement’ in Hizb ut-Tahrir, a peaceful Muslim organization which is legal in Ukraine. In declaring all Ukrainian Muslims arrested on such charges to be political prisoners, the renowned Memorial Human Rights Centre has repeatedly pointed out that Russia is in breach of international law by applying its own legislation on occupied territory. It has, however, also noted that Russia is the only country in the world to have called Hizb ut-Tahrir ‘terrorist’ and the Russian Supreme Court did so in 2003 at a hearing which was deliberately kept secret until it was too late to lodge an appeal.

In occupied Crimea, the Russian FSB are increasingly using such prosecutions as a weapon against civic activists and journalists, particularly from Crimean Solidarity.

Initially, the FSB designated only Asanov as ‘organizer of a Hizb ut-Tahrir group’ under Article 205.5 § 1 of Russia’s criminal code. The other men were all charged with ‘involvement in such an alleged ‘group’ (Article 205.5 § 2). Then suddenly in February 2019 it was announced that Belyalov and Ibragimov were now also facing the ‘organizer’ charge.  The essentially meaningless distinction is reflected in the sentences passed on 16 September, with the difference in sentence between Timur Ibragimov as supposed ‘organizer’ only one year longer than that passed on fellow civic journalist, Seiran Saliyev (accused of being a member of the so-called Hizb ut-Tahrir cell).

All eight men were also charged (under Article 278) with ‘planning to violently seize power’. This new charge also appeared only in February 2019, with no attempt ever made to explain how the men were planning such a ‘violent seizure’. The charge only highlights the shocking cynicism of any such ‘terrorism’ charges when the only things ‘found’ when armed searches were carried out of the men’s homes were books (not even Hizb ut-Tahrir books), no weapons, no evidence of plans to commit violence. Russian prosecutors simply claim that this follows from Hizb ut-Tahrir ideology. Memorial HRC notes that the extra charge is often laid where political prisoners refuse to ‘cooperate with the investigators’. Since all the Crimean Muslims prosecuted in these cases have stated that they are political prisoners and have refused to ‘cooperate’, the extra charge is becoming standard.

‘Evidence’
The prosecution’s case was based on the testimony of Nikolai Artykbayev, a Ukrainian turncoat, now working for the Russian FSB; two secret witnesses whose identity and motives for testifying are known, and the ‘expert assessments’ of three people with no expert knowledge of the subject.

Russia is now using so-called ‘secret witnesses’ in all politically-motivated trials of Crimeans and other Ukrainians. No good reason is ever provided for concealing the alleged witnesses’ identity, and the bad reason can easily be seen in this case where their identity was understood.  Konstantin Tumarevich (who used the pseudonym ‘Remzi Ismailov’) is a Latvian citizen and fugitive from justice who could not risk being sent back to Latvia after his passport expired. It is likely that the FSB realized this back in May 2016 and have used his vulnerable position as blackmail, getting him to testify both in the earlier trial of four Crimean Tatars from Bakhchysarai, and now in this case.

There is a similar situation with Narzulayev Salakhutdin (whose testimony was under the name ‘Ivan Bekirov’).  He is from Uzbekistan and does not have legal documents.

These men gave testimony that in many places was demonstrably false, yet ‘Judge’ Zubairov constantly blocked attempts by the defendants and their lawyers to ask questions demonstrating that the men were telling lies.

As mentioned, the main ‘material evidence’ was in the form of three illicitly taped conversations in a Crimean mosque. These were supposedly understood to be ‘incriminating’ by Artykbayev, although the latter does not know Crimean Tatar (or Arabic) [or] who transcribed them. That transcript, of highly questionable accuracy, was then sent to three supposed ‘experts’: Yulia Fomina and Yelena Khazimulina, and Timur Zakhirovich Urazumetov. Without any professional competence to back their assessments, all of the three ‘found’ what the FSB was looking for.

While the judges also lack such professional competence, they did hear the testimony of Dr Yelena Novozhilova, an independent and experienced forensic linguist, who gave an absolutely damning assessment of the linguistic analysis produced by Fomina and Khazimulina.

This was only one of the many pieces of testimony that the court ignored. Zubairov actually refused to allow a number of defence witnesses to appear and used punitive measures against the defendants and their lawyers.

All such infringements of the men’s rights will be raised at appeal level, although this will also be before a Russian court, with the charges of justice being minimal.

PLEASE WRITE TO THE MEN!
They are likely to be imprisoned at the addresses below until the appeal hearing and letters tell them they are not forgotten, and show Moscow that the ‘trial’ now underway is being followed.

Letters need to be in Russian, and on ‘safe’ subjects. If that is a problem, use the sample letter below (copying it by hand), perhaps adding a picture or photo. Do add a return address so that the men can answer.

Sample letter

Привет,

Желаю Вам здоровья, мужества и терпения, надеюсь на скорое освобождение. Простите, что мало пишу – мне трудно писать по-русски, но мы все о Вас помним.

[Hi.  I wish you good health, courage and patience and hope that you will soon be released.  I’m sorry that this letter is short – it’s hard for me to write in Russian., but you are not forgotten.]

Addresses

Marlen  Asanov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Асанову, Марлену Рифатовичу, 1977 г. р

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Asanov, Marlen Rifatovich, b. 1977]

Memet Belyalov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Белялову, Мемету Решатовичу, 1989 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Belyalov, Memet Reshatovich, b. 1989]

Timur Ibragimov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Ибрагимову, Тимуру Изетовичу, 1985 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Ibragimov, Timur Izetovich, b. 1985]

Server Mustafayev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Мустафаеву,  Серверу Рустемовичу, 1986 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Mustafayev, Server Rustemovich,  b. 1986]

Seiran Saliyev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Салиеву,  Сейрану Алимовичу, 1985 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Saliyev, Seiran Alimovich, b. 1985]

Edem Smailov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Смаилову,  Эдему Назимовичу, 1968 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Smailov, Edem Nazimovich, b. 1968]

Server Zekiryaev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Зекирьяеву, Серверу Зекиевичу, 1973 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Zekiryaev, Server Zekievich, b. 1973]

Thanks to Comrades SP and RA for the heads-up. The text has been very lightly edited for readability. || TRR

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