Petersburg’s Kangaroo Courts

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Court bailiff posting a notice outside courthouse in downtown Petersburg. Courtesy of Novaya Gazeta

Petersburg Observers
Facebook
June 20, 2017

On June 13 and 14, 2017, emergency courts, expressly forbidden by the Russian Constitution, were set in motion in St. Petersburg.

What were the peculiarities of the court hearings that took place on June 13–14, 2017, in St. Petersburg?

The unprecedented scale. On June 13 and 14, 2017, 943 administrative cases were heard by 123 judges in sixteen of St. Petersburg’s twenty-two district courts. The defendants had been charged with violating Article 19.3, Part 1 (“Disobeying the lawful order or demand of a policeman, military serviceman, penal system officer or Russian National Guard member in connection with the performance of their duties to protect public order and ensure public safety, as well as obstructing the performance of their official duties”) and Article 20.2, Part 5 (“Violation, by a participant of a public event, of the established procedure for holding a meeting, rally, demonstration, procession or picket”) of the Russian Federal Administrative Offenses Code (KoAP). The overwhelming majority of those detained on the Field of Mars on June 12, 2017, were simultaneously charged with both offenses, regardless of the circumstances of their arrests.

The unprecedented speed with which cases were heard: zero minutes (eleven district courts), one minute (seven district courts),  etc.

The unprecedented numbers of cases heard by individual courts in a single twenty-four-hour period: 95 (Kalinin District Court), 106 (Krasnoye Selo District Court), 110 (Frunze District Court).

Violation of territorial jurisdiction. All the administrative cases should have been heard by the Dzerzhinsky District Court, in whose jurisdiction the Field of Mars is located. At the request of the persons charged with administrative offenses, their cases could also have been transferred to the courts in the districts where they are registered as residebts. In the event, the detainees were bused from police precincts to sixteen district courts. Their cases were assigned to judges regardless of territorial jurisdiction.

Violation of the right to a defense. No more than a quarter of the defendants enjoyed the services of a lawyer or public defender. Some judges rejected appeals for adjournment so that defendants would be able to secure defense counsel. Some judges gave defendants a ridiculously short amount of time to secure defense counsel. Defense attorneys and public defenders were physically unable to get into the majority of the courthouses, especially after six o’clock in the evening.

Violation of the right to a public trial. Information about the court hearings on June 13–14, 2017, was posted on the courts’ official websites only several days after the hearings themselves.  People who might have wanted to attend the hearings had no way of finding out what cases were being heard, nor when or where they were being heard. Judges’ rulings have not been published in full. Currently, only 26 of the 943 rulings, which have already taken force, have been published on the courts’ websites.

Violation of the principle of adversarial proceedings. There were no prosecutors or police officers present at any of the hearings, and the judges essentially acted as prosecutors.

Night courts are forbidden. But even on official court websites the starting times of hearings are listed well past midnight, e.g., 12:23 a.m. (Krasnoye Selo District Court), 12:45 a.m. (Kalinin District Court), 5:00 a.m. (Kolpino District Court), 5:20 a.m. (Frunze District Court).

Despite the violations, listed above, the St. Petersburg City Court has rejected all appeals filed, moreover, in the very same fashion as the district courts. This means the people who organized and launched the conveyor belt of emergency justice in St. Petersburg have direct control not only of the police and the Russian National Guard but also the of district and city courts.

P.S. The mass trials that occurred on June 13–14, 2017, in St. Petersburg, differed from extreme justice only in the sense that they were executed by regular judicial entities, rather than by specially instituted extraordinary courts with distinct powers.

Translated by the Russian Reader

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Are you wondering how you might react to this nastiness, especially if you live far from Petersburg? Here’s one simple suggestion. FIFA’s Confederations Cup is currently underway at four venues in Russia (Kazan, Moscow, Sochi, and St. Petersburg). Take a gander at the match schedule and the list of corporate sponsors (which includes Adidas, Coca-Cola, Visa, McDonalds, and Bud). Give them a call or send them an email saying that, because of the way the Russian leadership treats its own people when it comes to the freedoms of speech and assembly, and the right to a fair trial, you won’t be buying their products anymore, since they make common cause with flagrant tyrants.

You can also get in touch with the TV channels broadcasting the Confederations Cup matches in your city or country and tell them you won’t be watching the matches and why you won’t be watching them.

These are simple ways to show your solidarity with the six hundred and sixty some people who were arrested on Petersburg’s Field of Mars for no good reason on Russia Day, a national holiday celebrating the country’s independence from the Sovet Union, and then put through the kangaroo courts, as described above and elsewhere.

These are also effective ways of showing the Russian leadership, who set great store by their power to win bids to host major global sporting events like the Winter Olympics and the Football World Cup that we are not impressed by their prowess, especially when our Russian sisters and brothers live in conditions of such rampant unfreedom and poverty. TRR

No Protest Is Illegal

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Anti-corruption protester detained on Tverskaya Street in Moscow, June 12, 2017. Photo courtesy of Mayorova.net and Irina Taubinskaya

Below, you will find a brief, eyewitness account of the rough custom to which people detained at the anti-corruption protest rally on the Field of Mars in Petersburg on June 12, 2017, have been subjected by police as the have been slowly “processed,” sometimes with no legal representation and in gross violation of their rights as detainees, by the police and courts.

The Russian “legal and law enforcement” systems are shambles, for the simple reason they don’t exist at all. They are fictions.

What does exist is the supreme will of the blood monkey who answered questions all day yesterday on TV or something like that, and the lesser wills of his cronies and satraps.

Those exist.

So when asking the question of who exactly ordered the arrests of the six hundred and fifty some arrestees of June 12, 2017, and the harsh sentences of five to fifteen days in the hoosegow and fines of up to 15,000 rubles most of them were handed by the city’s district courts (again, in conditions where many of them were dehumanized constantly, despite the best efforts of Petersburg’s wonderful Aid to Detainees Group and other volunteers and well-wishers to support them) you need look no farther than the head blood monkey in the Kremlin and his precious “power vertical.” They are the ones who gave the orders to treat the protesters this way, not anyone on the ground.

I was irked to hear the BBC’s Moscow correspondent refer, the other day, to the concurrent protests on Tverskaya, in Moscow, where a similarly large number of people were arrested, as “illegal.” Setting aside for a second the rights to free assembly and free speech enjoyed by all Russian citizens, as enshrined in the 1993 Russian Federal Constitution, the Petersburg authorities several years ago designated the Field of Mars as the city’s “Hyde Park,” the place where city dwellers could go, supposedly, to air their grievances without making a special application to the authorities. (This need to apply for permits is itself a mostly unconstitutional practice, backed, of course, by the country’s kangaroo higher courts, who are also a part of its so-called telephone justice system).

In reality, Petersburg authorities have let their so-called Hyde Park be used the way it was intended only when the numbers of protesters or their particular grievances have not been threatening enough, although, of course, police are still always on hand to photograph, videotape, and ID the protesters, and even copy down the slogans on their placards, which they immediately radio to their superiors. Just in case, you know, and to make sure the protesters know the state is monitoring them

When, on the other hand, the topics raised and/or numbers of protesters have not been to the liking of the powers that be, local or otherwise, Petersburg’s “Hyde Park” has instantly been deemed yet another no-go zone, the protests declared “illegal,” and the protesters and, sometimes, the counter-protesters, dragged off into paddy wagons and taken to police precincs.

Sometimes, the protesters are merely held in police custody for a few hours or overnight, and then released scot-free. But when the regime wants to teach them a lesson about how much freedom they really have in the world’s largest “sovereign democracy,” they get the book thrown at them, as we have seen over the past several days in Petersburg. That is, for one and the same legal/illegal act, either nothing will happen to you or your life will be scuttled for two weeks or a month (as in the case of “ringleaders” like Alexei Navalny, who was arrested at the door to his block of flats before he could get to the “illegal” protest and sentenced to thirty days in the slammer), and your already meager finances will have a nice dent put into them.

So, if I were a BBC or other foreign correspondent, I wouldn’t be so quick to dub any protest in Putinist Russia “illegal.” That’s tantamount to saying that the police and courts have the right to do with Russians detained for real or imaginary offenses what they will.

It’s also an admission on the part of these foreign correspondents that, in the case of the protesters, they don’t understand the offenses are wholly imaginary, i.e., trumped-up, that they are, in fact, a little bit of the ultra-violence, meted out in smallish doses to discourage the kids from coming out again. TRR

* * * * *

16% of the St. Petersburg Public Monitoring Commission
Facebook
June 15, 2017

I am deciphering my conversations with arrestees:

“We were driven to the courthouse in handcuffs, and tied to each other. We arrived, they untied us, and took us upstairs to the courtroom. We had no defense counsel. The court sentenced us to five days in jail and a fine. We were driven back to the police precinct, where we cuffed to chairs and each other. (The cuffs immediately caused pain to the second person.) The guy with the keys to the handcuffs went off somewhere. We were cuffed for two and a half hours. We asked to go to the toilet, to uncuff us, but our requests were ignored. This happened next to the cells. The cells were not locked.

“Then they uncuffed us from the chair, cuffed us to each other, put us in a van, and took us to [the temporary detention center at] Zakharyevskaya Street, 6.”

This incident occurred on June 13, at the 78th Police Precinct, in St. Petersburg’s Central District

Translated by the Russian Reader. Thanks to Jenya Kulakova for the heads-up on the link and Sasha Feldberg for the photo.

Their Day in Court

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Detained protesters at a police precinct in Petersburg. Photo copyright Andrey Kalikh and courtesy of the Aid to Detainees Group in Petersburg and Fontanka.ru

This is not the first time (nor probably the last time) that activist Varya Mikkhaylova has been featured on this website.  Below, she and Andrey Kalikh describe their experiences in police custody and court after being detained by riot police along with 656 other protesters during an anti-corruption rally held on the Field of Mars in Petersburg on June 12, Russia Day. TRR

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Varya Mikhaylova
Facebook
June 14, 2017

Almost everyone in our precinct has had their court hearing and been convicted. Nearly everyone who tried to file appeals and not plead guilty was given the maximum sentence: up to fourteen days in jail + fines of 10,000 rubles and greater. Those who plead guilty and make no attempt to defend themselves get off easier: one of them got three days in jail. The only person in our precinct who got off without a jail term was the husband of a pregnant woman.

In this regard, everyone’s mood is dominated by legal nihilism. They have been chewing out the human rights activists, who they say have only made things worse. Apparently, that is the real objective of all these hearings.

By the by, there are truly random people among the detainees in our precinct, but they are more aggressive towards people like me than to the authorities. They give the protesters and human rights activists hell, and ask why we’re dissatisfied. (After thirty hours in police custody, there in other word for this than Stockholm syndrome.) [One person who commented on the original post, in Russian, suggested that these “random people” were, in fact, police provocateurs and spies. Planting them in the cells of political prisoners and dissidents had been a common practice under the Soviets—TRR.]

One of these random detainees is a lawyer. He came down on everyone harder than anyone else, saying we should withdraw our appeals and refuse legal assistance. What irony: he has a master’s degree in law.

Before they are sent to the detention center, the police forcibly take everyone’s fingerprints, although this is against the law.

We are in a decent precinct. The conditions are terribly unsanitary and crowded, but the staff treat us like human beings. They let us charge our telephones, let us have smoke breakes, and sometimes even take us to the can, where there is an actual toilet, not a stinky hole in the floor. On the other hand, among themselves they talk about how everyone who protested on the Field of Mars did it because they had been promised 5,000 rubles.

Yesterday, we spent the night in the cells. There were sixteen bodies and six beds, but we had mattresses, pillows, and bed linens even. Today, non-political prisoners were brought to the cells. (When one of them refused to remove his crucifix, four officers threw him on the floor, cuffed him, and forcibly removed the crucifix. Another of these prisoners is obviously in a bad way. He beats the walls, scratches the window until he bleeds, and screams. He wet himself in his cell, but no one has any intention of taking him to hospital.) So we spend the night sitting in the corridor.

Me and one other young man have still not been taken to court for our hearings.

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Andrey Kalikh
Facebook
Saint Petersburg, Russia
June 14, 2017

St. Petersburg’s Frunzensky District Court is the apotheosis of evil. The hearings began at eleven p.m. One, apparently very angry judge is handling the cases. Everyone is being sentenced to ten to fifteen days in jail, plus they are fined ten thousand to fifteen thousand rubles. We fearfully await the sentence he will give our friend the father with four children.

People are kept on the bus before the hearings. They are exhausted, the conditions are tortuous, and something has to be done about this court. It is monstrous.

UPDATE. Our dad with four children emerged from the courthouse at two in the morning. He had been fined 10,700 rubles [approx. 167 euros]. He said that of the 106 people who had been sentenced at that point, only six had got off with fines. Everyone else had been sentenced to five to fifteen days in jail, plus had been fined ten thousand to fifteen thousand rubles.

Translated by the Russian Reader. Thanks to Comrade SK and Andrey Kalikh for the heads-up

Happy Russia Day 2017

Office of the Guidance Counselor, Saint Petersburg State University of Film and Television
VK
9:11 p.m., June 9, 2017

Dear students,

June 12 is a public holiday, Russian Sovereignty Day [sic]. Certain people have been trying to use our national holiday to destabilize the situation in the country. Alexei Navalny has called for Russians to take to the streets of their cities in protest against the current regime.

The administration of Saint Petersburg State University of Film and Television asks you to approach the question of involvement in such events responsibly, not to yield to such calls and other provocative proposals whose objective is inveigle young people in unauthorized mass actions and marches aimed at destabilizing public order, calls and proposals that are transmitted via social networks and other sources of information. We cannot let these people achieve their political ambitions illegally.

Thanks to Comrade VS for the heads-up

happy russia day
“⚡️Gas sprayed on Pushkinskaya Square. Police in gas masks. If you smell gas, wet t-shirts and breathe through them. #12june.”

Alexandra Krylenkova
Facebook
June 12, 2017

So, 658 people were detained [in Petersburg]. Minors whose parents were able to come and get them and people with disabilities have been released. Nearly everyone else will spend the night in jail.

There will be court hearings tomorrow. Everyone who can make it should come. The hearings will take place at the Dzerzhinsky District Court [in downtown Petersburg]. The first detainees are scheduled to arrive at the court at 9:30 a.m. Considering the number of detainees, we will probably be there into the night.

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Field of Mars, Petersburg, June 12, 2017. Photo courtesy of Alexandra Polukeyeva/Rosbalt

Alexei Gaskarov
I was invited to speak at the rally on Sakharov Avenue. I planned to talk about why it was important to support the anti-corruption campaign despite our political differences. In short, in order to put a stop to reaction, dissenters need to be represented on a massive scale, so the elites would not even think about just trampling them or not noticing them.  Everyone has the same goal right now: resurrecting political freedoms. The contradictions among people are secondary. Considering the scale of protests nationwide, things turned out quite well. You can see that people have stopped fearing crackdowns, and that intimidation no longer works. In Moscow, switching the rally to a stroll down Tverskaya was an absolutely apt response to the Kremlin’s behavior. Everyone who wanted to avoid arrest had the chance to do that. There were downsides as well, but given the colossal confrontation, they don’t seem important.

Ilya Budraitskis
Of course, one cannot help but welcome today’s protests on a nationwide scale. We are witnessing the continuing rise of a new protest movement that emerged on March 26. This movement is indivisible from Alexei Navalny’s presidential campaign and owes both its virtues and weaker aspects to that campaign. Despite the fact that Navalny’s campaign could have launched a broad grassroots movement, on the contrary, it has been built like a personalistic, vertical political machine in which decisions made by a narrow group of experts and approved by the leader are mandatory for the rank-and-file. This raises the majority’s political consciousness to the degree necessary at each specific moment of the campaign. The leader’s political strategy, his objectives, and the meaning of decisions are not up for discussion. Navalny must be believed like a charismatic CEO. What matters is that he is personally honest and “he has a plan.” On the eve of the protest rally, authorized for June 12 in Moscow, the rank-and-file found out a new particular in the plan: everyone had to go to an unauthorized protest march, which would predictably end in arrests and criminal charges along the lines of the March 26 protests. The rationale of the organizers is understandable. They have to pull out all the stops to keep the campaign moving at a fever pitch, keep it in the public eye, and use the threat of riots to pressure the Kremlin. Moreover, this radicalization in the media reduces the complicated picture presented by Russian society to a simple confrontation: the thieves in the Kremlin versus the honest leader who has united the nation. This set-up renders all forms of public self-organization and all social movements secondary and insignificant, and their real interest ultimately boils down to making Navalny president. However, even Navalny’s most dedicated supporters should pause to think today, the day after June 12. Would his campaign be weakened if it were opened up to internal criticism, if horizontal discussions of his political program and strategy were made possible, and the political machine, now steered by a few people, turned into a real coalition, where differences did not get in people’s way but helped them agree on common goals?

Anna Ivanova
“Sakharov Avenue is out,” Navalny said in his morning video message.

Navalny’s adviser Leonid Volkov put it more democratically.

“The hypocritical scum who dreamed up the ‘opposition rally on Sakharov’ will fry on a separate frying pan.”

The rally on Sakharov happened anyway. It was mainly attended by opponents of Moscow’s new law on the large-scale renovation of residential buildings: urban activists and residents of the buildings slated for demolition, as well as defrauded investors in residential building projects, foreign currency mortgage holders, and other victims of the construction sector. Many fewer of them came out, however, than on May 14, even considering that some of the outraged Muscovite anti-renovation protesters followed Navalny over to Tverskaya. Protests rise and ebb like the sea, and this time round the excitement was muted. These people—old women, families with children, old men—were not suitable for getting arrested at an unauthorized protest. Although they realize that Moscow’s problems are merely one logical outcome of the Russian political system, they are in no hurry to support Navalny and other inveterate oppositionists, for what is at stake are their housing and property, not supreme civil liberties.

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“Day of Russian Cops” on Tverskaya in Moscow, June 12, 2017

Meanwhile, on Tverskaya, young folks realized that A.C.A.B. Around 700 people were detained in Moscow, and the social networks were flooded with even more photographs of derring-do amidst the so-called cosmonauts [riot cops]. The ultimate damage from the protest might be acknowledged only over time, when we know whether there will be new criminal cases, and if there are, what charges are laid against the protesters. But everyone loves looking at riot porn (and being involved in it), although this hobby devastates and dulls the senses as much as watching ordinary porn. This is the danger of protests “for all things good,” of protests focused on a certain political agenda or figure: neither fat nor thin, neither old nor young, neither socialist nor nationalist, but generally sweet and better than the old protest rallies. In this case, protest risks degenerating into a social order in which everything is decided by Sturm und Drang. Not the worse prospect, some would argue, but others would argue it would be a disaster. But whether you like it or not, “Russia has thousands of young people dreaming of revolution,” for the time abstractly encapsulated in the slogan “Dimon must answer for his actions,” and they have been taking to the streets.

Two worlds did not in fact meet in Moscow today. One world is the world of people who are mostly old, people whose property is threatened with eminent domain and who imagine politics as a way of building an urban environment. The second world is the world of bold young people (and their slightly older idols), who are hellbent on regime change. It would not be a bad thing if these worlds met and acted in concert. This is the only way for a democratic politics to emerge from this.

Source: openleft.ru

happy russia day-3
“A crossword in reverse. USMANOV, DACHA, DUCKIE. You provide the clues.”

Carine Clement
Facebook
June 13, 2017

Notes from the field (the Field of Mars). Putting aside emotions:
1. It’s true there were lots of young people. And they are not afraid of anything.
2. There were many young families, who are likewise not afraid for their children.
3. “We’re fed up” is the key phrase.
4. There were slogans about healthcare, infrastructure, and pension. Well, and about corruption, too.
5. The out-of-town students came out because “it is wrong to drive the regions into a pit like this.”
6. There was a sense of support and public acceptance.
7) The people who came out were true patriots genuinely worried about the country’s future.
8) A spirit of freedom . . .

Photos courtesy of Protestnaya Moskva, Rosbalt, anatrrra, and Vadim F. Lurie. Translated by the Russian Reader

P.S. On the Six O’Clocks News last night, BBC Radio 4’s Moscow correspondent had the temerity to refer to yesterday’s protest march on Tverskaya as “illegal.” Is this the new tariff for keeping one’s press accreditation under Putin’s perpetual reign? TRR

They Jump on Anything That Moves, Part 2: The Arrest of Dmitry Trubitsyn

Alyona Rydannykh
Facebook
June 9, 2017

The Trial and the 1990s have arrived in Akademgorodok. It’s awful and dishonest and scary. All of Akademgorodok, including the polite employees at the courthouse, are on the side of common sense and Dima’s side. Everyone knows everyone else in our town, and if people in a place like that say someone has a perfect reputation, they really mean perfect.

How awful.

Image may contain: 1 person
Dmitry Trubitsyn

Mikhail Amelkin
Facebook
June 9, 2017

The police searched Tion yesterday. They detained Dima Trubitsyn, the company’s founder and inspiration.

This is a continuation of the hullabaloo over registering medical equipment. All the recommendations were implemented, but now the case has shifted to different plane, and Dima is personally at risk.

I’ve known Dima since school. He’s a fine honest man with a crystal clean reputation. He has done a lot not only for the company’s employees but also for education, for schoolchildren and university students, for the consumers of our products, and for the economy as a whole.  He has always said he would prove it was possible and necessary to run a successful tech company in Russia, to support the country and the economy with actions, not words. He has never been involved in politics, believing one shouldn’t whinge and complain, but get up and do it.

I realize the law enforcement agencies play the game by their own rules. Professional lawyers are now working on the defense. I would be flummoxed if Dima were remanded into police custody during the investigation. From my point of view, that would be overdoing it. Dima is not a villain: I believe that with all my heart. Jail is too severe a measure of restraint for such an honest man, a man willing to prove his case with his visor open and standing up straight.

How can you help? By reposting this message and voicing your support for Dima in the comments to the repost. Tell us about Dima as you know him. Show that you care, that you are concerned about the situation and are keeping an eye on it.

What WON’T help is screaming, chewing out the authorities, and guessing and surmising why what happened has happened. I would ask you not to do this out of respect for Dima, who never engaged in such jawboning himself.

What is it stake is not the company, but a specific man’s life, a man who has not wronged anyone. I just ask you to support him on the personal level. He’s a good man. He’s never lived for himself, and, even as he has been locked up in the pretrial detention facility, he has been planning to make the world a better place.

Tion Smart Microclimate
Faceboook
June 9, 2017

We wish to inform you that on June 8, Tion’s offices in Novosibirsk, Berdsk, and Moscow were searched by law enforcement in connection with a case involving the sale of medical products that, allegedly, do not meet safety requirements.

Tion works in strict compliance with the laws of the Russian Federation. We regard the present circumstances as unjustified pressure on a transparent, law-abiding company, since all the equipment we sell has the necessary permits.

The current grievances are rooted in the past, when there were inaccuracies in registration certificates due to imperfections in legislation. The inaccuracies were corrected on a routine basis and in close cooperation with the relevant government agencies. The selectivity of the investigative bodies raises obvious suspicions that this is a deliberate campaign against a market leader.

The decision to take the company’s director general into police custody is unjustified and aimed at hindering the company’s work. Such actions were typical in the 1990s.

Nevertheless, it is business as usual at Tion. We have been fulfilling our obligations to our employees, contractors, and clients. The company’s non-medical businesses have not be affected.

We will defend our position in accordance with established procedure and are confident of success.

Ilya Beterov

Facebook
June 10, 2017

Briefly about Dima for those who don’t know about him and the whole situation. We studied at university together. Then he went into business, and I stayed in science and became a lecturer. Our paths almost never crossed for several years. Then I started taking my students to see his company, to show them a beautiful, modern production facility, built from scratch by an ordinary man. Basically, it was a paradigm of success in the innovative economy, which was all the rage back then. The atmosphere of enthusiasm, youth, and dynamism was also impressive. Later, more and more new educational projects sprang up around Dima, and the company built its own lab for researching aerosols, expanded its ties with the physics department, and established a foundation for supporting students at physics and maths magnet schools. Accordingly, Dima has a rare reputation in our day and age, and because of it I am taking his side without knowing all the particulars of the present case. He and I diverged in terms of political views. I believed that doing business in Russia without protection from the criminal world or the authorities was madness, but Dima was an optimist. Actually, this optimism has two sides. On the one hand, a production facility like that would have been impossible without it. On the other hand, I can easily imagine the carelessness with paperwork that is common in Russia did not bypass the company and served as the peg on which to hang the present case. At the same time, I’m confident Dima was never involved in falsifying descriptions of equipment. Despite my thoroughgoing skepticism, I didn’t anticipate he would be the first of us to come under attack. I learned about the attack against him a year ago, and I believe it is coming from fairly serious criminal and oligarchic organizations. The name and surname of the person who ordered the attack can be easily found. But then a simple question arises. Maybe we should stop hypocritically arguing that Russia needs a competitive economy, technological clusters, innovation, financing from the business world, and other nonsense? There are people with influence. If the production of something has to be set up, give them the assignment, and they will hire specialists and get the job done. But the chatter about innovation and competitiveness has to be stopped once and for all.

Novosibirsk Entrepreneur Detained over Bacteria
RBC
June 9, 2017

The head of one of the oldest residents of Akademgorodok Technopark, Aeroservis LLC’s Dmitry Trubitsyn, has been detained by investigating authorities over charges he sold defective air purifiers.

According to police investigators, Aeroservis (Tion Group of Companies) received permission in 2011 to manufacture the TION-A and TION-V air purifiers, which eliminate bacteria and viruses.

Later, investigators claim that Trubitsyn “had the idea of producing and selling the air purifiers in violation of established standards in order to reduce production costs and maximize profits from their sale.”

They allege that the suspect built and sold air purifiers lacking the necessary components for air purification.

“As a result, during the specified period, the rigged equipment was delivered to clinics in over one hundred cities and towns in Russia. Yet the proceeds from the sale of each air purifier ranged from 45,000 to 98,000 rubles,” the investigators write in their statement to the press.

Tion has said it regards the situation as “unjustified pressure on a transparent, law-abiding company, since all the equipment we sell has the necessary permits.”

According to the company, the charges made by the investigative authorities have to do with the past, “when there were inaccuracies in registration certificates due to imperfections in legislation.”

They say the inaccuracies were corrected when they were brought to light, but “the selectivity of the investigative bodies raises obvious suspicions this is a deliberate campaign against a market leader.”

“The decision to take the company’s director general into police custody is unjustified and aimed at hindering the company’s work. Such actions were typical in the 1990s.”

The company likewise said it was conducting business as usual.

Charges have been filed under Article 238.1, Part 2, Paragraph a, of the Russian Federal Criminal Code: the production and sale of unregistered medical devices on a large scale. The crime is punishable by a prison sentence of five to eight years and a fine of one million to three million rubles.

Dmitry Trubitsyn, a 35-year-old Novosibirsk entrepreneur, founded the Tion Group of Companies.

Founded in Novosibirsk, Tion designs, produces, and sells modern air purifiers. Production takes place at the Berdsk Electromechanical Plant and in China, while design is done at the Akademgorodok Technopark.

Alexei Okunev
Facebook
June 9, 2017

The company that custom-ordered the criminal investigation, Potok (“Stream) does not use “UV, ozone, HEPA filters, and photocatalysis” in its air purifiers. They don’t even use “chemical substances.” This is called “space-age technology” and will be delivered to hospitals and maternity hospitals.

Oksana Trubitsyna
Facebook
June 11, 2017

Friends, thank you so much for your support.

The criminal case against Dmitry Trubitsyn and the police searches at the company are unprecedented coercion against a successful, law-abiding business.

Unfortunately, it is not only we who are under attack but also the very possibility of establishing successful tech companies in Russia. This cannot be tolerated.

Tion is a transparent company. Tion’s equipment is effective and safe. Dmitry Trubitsyn has not broken the law.

We will prove it in court.

We are not entirely certain of the reasons for what has been happening to us. We assume the law enforcement agencies are being used as a tool by competitors. Alas, market competition in Russia can assume such ugly shapes.

What is happening now with Tion?
– Dmitry Trubitsyn and his lawyers are deciding what steps to take next to defend themselves.
– We have appealed to the ombudsman for the defense of entrepreneurs’ rights.
– Tion’s management seeks to ensure the company’s smooth operation. After the weekend, everyone will come to work and keep working on projects.
– Tion has been closely interacting with the media. We are preparing answers to the flood of negativity that has washed over us and defending our reputation.

What can you do?
– Pass all your ideas, thoughts, and useful contacts on to the Tion employees you know. We will review everything and contact you if necessary.
– Write a letter to the President of the Russian Federation via the official website letters.kremlin.ru. Unlike the well-known website Change.org, the Kremlin is required by law to reply to your letters. A large number of letters could raise the issue to the very highest level.

What can do harm to the cause?
– Uncoordinated communication with the media and, especially, with television can misshape perceptions of the situation badly. It will be harder and harder for us to fight back.
– Involving various politicians and public figures. The situation facing Tion is a matter of (harsh and unacceptable) relations within the market. Interacting with political forces automatically strips us of part of our support and forces us to deal with irrelevant issues. It will complicate our lives.

Frequently Asked Questions

What are the accusations against Tion?

Law enforcement is attempting to accuse us of manufacturing low-quality medical equipment by citing the outcomes of a study allegedly done by one of Rosdravnadzor’s expert review centers. [Rozdravnadzor is the Russian Federal Service for the Oversight of Public Health and Social Development—TRR.] The substantive part of the expert review is lacking: technical tests were not conducted by any experts.

Special attention should be paid to the fact we were able to receive the findings of the “expert review” only two months after our competitors had been using them with a vengeance.

Is it true that Tion’s products are dangerous to your health?

Our products are safe, as confirmed by dozens of independent examinations. Many of these examinations can be be easily accessed on our official website.

Why, then, have investigators concluded your equipment is dangerous?

Conclusions on the danger of using the equipment are based on a mismatch between the mass of the air purifier, as indicated in the instruction manual, and the mass, as indicated in the registration file.

The accusation is without substance. It is bureaucratic and very far from the truth.

Is it true that Tion’s products were initially equipped with photocatalytic filters, but at some point the company stopped using them?

Yes, it is true. Photocatalytic filters facilitate the removal of molecular pollutants (i.e., those in a gaseous state, unlike dust and microorganisms). In Tion’s products, this function is still performed by a catalytic adsorption filter, which handles molecular pollutants just as well as photocatalytic filters.

Is it true that Tion got rid of the photocatalytic filter covertly?

No, it’s not true. Tion’s website describes its air purification technology in detail. It doesn’t involve photocatalysis.

Police investigators claim that, after the photocatalytic filters were removed, Tion’s products ceased to eliminate viruses and bacteria. Is this true?

No, it’s not true. Viruses and bacteria are eliminated by HEPA filtration. Moreover, the captured microorganisms are additionally deactivated by ozone, which is subsequently destroyed by the catalytic adsorption filter.

Tion’s photocatalytic filter-less products passed all the necessary certifications and were registered for medical use. Roszdravnadzor had no complaints.

Moreover, certain competitors never used photocatalysis in their equipment, which in no way kept them from obtaining permits.

Is it true that Tion specifically removed the photocatalytic filter in order to save money and increase its profits?

Yes, it’s true, and it’s a good thing. Only perverted logic can lead one to the conclusions which police investigators have reached.

Photocatalytic filters are not obligatory for effective purification. Tion’s design makes it possible to achieve the necessary level of decontamination without resorting to photocatalysis, which has been proven by multiple independent studies.

Business should make a profit. Reducing costs is an absolutely legal and reasonable means of increasing profits. Introducing new, more effective, and cheaper technologies is one way to reduce costs without reducing the quality of products. Designing, popularizing, and making new, more efficient technologies cheaper is the Tion way.

Tion’s profits are spent on designing new products and on charity and social projects that you all know about. This is not to mention the fact we pay taxes and salaries.

Is it true that Tion founder Dmitry Trubitsyn made a front man director instead of him?

No, it is not true. As the company grew and new investors came on board, its structure became more complicated. At the moment of his arrest, Dmitry Trubitsyn was the director general of Tion Holding Company JSC, to which the other legal entities in the Tion Group of Companies belong as subsidiaries, for example, Aeroservis LLC, which is the subject of the criminal investigation.

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A huge thanks to Alyonna Rydannykh for the heads-up and supplying me with all the Facebook posts and articles used in this collage reportage. Translated by the Russian Reader. This is latest in an occasional series of posts on the regime’s apparent hostility toward medium and small businesses and traders. You can read the previous post in the series here. TRR

Maria Eismont: The Dmitriev Case Is the Most Important Thing Happening in Russia Right Now

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Yuri Dmitriev. Photo courtesy of the Kharkiv Human Rights Protection Group

The Yuri Dmitriev Case
The Accused Should Be Nominated for a State Prize
Maria Eismont
Vedomosti
June 8, 2017

“A person cannot disappear without a trace. People differ from butterflies in the sense that people have memory,” the man with long grey hair and long grey beard said onscreen.

The presentation of books of remembrance for those shot during the Great Terror in Karelia packed the screening room at the Gulag History Museum in Moscow: people even sat on the stairways. The editor of the books, Karelian historian and search specialist Yuri Dmitriev, from Memorial, was the man talking onscreen. He has spent the last six months in a pretrial detention center, absurdly charged with the crime of producing pornography.

Dmitriev sent his greetings and gratitude from prison, not so much for the kind words said about him, as for acknowledgement of his life’s work. Memorial’s historians all concur it is unique. No other region in Russia has such a complete compendium of the names of those who were shot as Karelia does. As his colleagues argue, Dmitriev succeeded in turning the figures of those who perished during the Great Terror into memorial lists complete with names, biographies, and burial sites.

The speakers occasionally slipped into the past tense, but immediately corrected themselves. Dmitriev is still alive, and we must believe he will soon be released, find the execution site of the other two Solovki “quotas” [political prisoners at the Solovki concentration camp who were transported to three different sites outside the camp in 1937–1938 to be shot and buried in secret—TRR], and present the next book of remembrance. This powerlessness, these slips of the tongue, and the trembling voices fully convey the horror of a time when the days when people were shot are long past but people still fall victim to political repression.

The Yuri Dmitriev case is, perhaps, the most important thing happening in Russia right now, first of all, because a patriot who for decades had, bit by bit, resurrected thousands of names of this country’s citizens from official oblivion, citizens murdered cruelly and senselessly in the state’s name, has himself been subjected to persecution. “The introduction to the list of terror victims will be brief: may they live in our memories forever,” writes Dmitriev in the foreword to one of his compendiums, The Motherland Remembers Them, a book in which the names are listed not in alphabetical order, but under the names of the villages where the victims lived before their arrests. “The moral of the story is also brief: remember! As is my advice: take care of each other.” Now there is a Russian national idea for you. The author of these books of remembrance should be nominated for a state prize and a government grant to keep on with his work.

There is another important thing about the Dmitriev case: the charge his persecutors chose for him. He was not charged with “extremism” or “separatism,” which have been commonplace in politically motivated cases, but with child pornography and depraved actions towards a minor. The charges not only guarantee a long sentence and promise the accused problems in prison but also challenge the public to support him. “What if something really did happen?” Dmitriev’s friends and relatives acknowledge that while those who doubt Dmitriev or are willing to countenance the charges are an overwhelming minority, such people do exist, and some of them are “decent” people.

The number of “pedophilia” cases, based on controversial, contradictory, clearly flimsy evidence and flagrantly unprofessional forensic examinations, has been growing for several years. Recently, I attended a similar event in Naro-Fominsk, seventy kilometers southwest of Moscow. It was also a memorial evening for a living person who had been incarcerated on charges of depravity against a child, actions the man could not have committed, according to witnesses who were nearby when the crime was alleged to have occurred. Dozens of people had come to remember what a good male nurse Zhenya had been. Then they corrected themselves: not had been, but is and will continue to be. Then they cried.

“Pedophilia” cases have long been custom-ordered to rid oneself of rivals and used to pad police conviction statistics, but now they have been put to use in political cases.

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

Put Yourself in Someone Else’s Shoes

Lyubov Moseyeva-Helier
A Korean Adventure in Kaluga
7X7
April 28, 2017

Whew!

Now, after a ten-hour marathon, I can sum up the results.

My son, a member of Kaluga Prisons Public Monitoring Commission No. 3, found a North Korean national in Correctional Colony No. 5 in Sukhinichi in late March 2017.

My son tried to speak with Kim in Russian and English, but Kim understood neither. According to the assistant director of the Russian Federal Penitentiary Service’s Kaluga office, who was present during the meeting, Kim “only shook his head like a Chinese bobblehead.”

The North Korean is the first such inmate who, after he is returned to his country of origin, faces life in a work camp or the death penalty.

In North Korea, inmates are rehabilitated through starvation. They are given one cup of rice daily.

First, I consulted with human rights activist Svetlana Gannushkina. She replied that, in her opinion, Kim faced threats to his life and health in North Korea.

Then I contacted the UNHCR. I informed them that Kim, a North Korean national, had never once been provided with an interpreter during his two and a half years at the Kaluga Correctional Colony. The state of his health was thus unclear, nor was it clear what he wanted himself: to return to his country or move to a safe place.

I posted information about the case on Facebook, asking for a heads-up from Kaluga human rights activists. Kaluga attorney Elvira Davydova read my plea to help the North Korean and decided to help, working the case pro bono.

I signed a contract with Elvira Davydova, a young, vigorous attorney, to defend Kim’s interests for a purely nominal sum of money (I couldn’t afford to spend any more money on the North Korean out of my old-age pension), and the lawyer went to work.

The UNHCR assigned Kim a Korean interpreter.

The lawyer and I made a deal with the assistant director of the Russian Federal Penitentiary Service’s Kaluga office that when the Korean was released, Kaluga prison officials would help Kim get in contact with the UNHCR interpreter.

Unfortunately, this did not happen, although this was to be expected from the Russian Federal Penitentiary Service’s Kaluga office.

At twelve noon, the Russian Federal Penitentiary Service’s Kaluga office handed Kim over to the Kaluga police and the Migration Authority.

I thought Kim would be transferred to the regional center and formally charged with violating Article 18.8 of the Russian Federal Code of Administrative Offenses. (“Violation by a foreign citizen or stateless person of the rules of entry into the Russian Federation or of residence in the Russian Federation.”)

From noon to three p.m., the attorney looked for her client at the Migration Authority’s building, which is way outside the city.

But Kim had been moved to an “alternative jurisdiction.” He was transported to another district, which has a prison for foreigners, a so-called temporary detention center for foreign citizens. The lawyer was unable to go there.

But the lawyer phoned the Dzerzhinsky District Court and found out the name of the federal judge. She asked to speak to him, but was turned down. Moreover, she was told that “Kim already [had] a representative.” Is a Migration Authority official acting as his representative?

The lawyer will make a request to the district court to find out whether a ruling to deport Kim has been issued, and whether Kim had an interpreter with him in court.

The lawyer talked with the guards who escorted Kim, but the Migration Authority officer refused to let Kim talk on the phone with the UNHCR interpreter.

Moreover, someone called the UNHCR and said that he (that someone) would now be handling all contacts with Kim. Apparently, our opponents from the security forces haven’t been dozing, either.

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This is what the prison for foreigners in the Dzerzhinsky District looks like nowadays. It used to be a village school. Photo courtesy of Lyubov Moseyeva-Helier/7X7

Today, the lawyer filed complaints against the Migration Authority for preventing her from meeting with her client, although they knew Ms. Davydova was Kim’s attorney, and against the on-duty prosecutor.

Ms. Davydova also filed a request with the police to meet with Kim at the temporary detention center for foreign citizens on May 3, 2017.

In the future, we’ll have to go through the same business with the court bailiffs in Kaluga.

Today’s human rights marathon has identified several pressure points, showing that, when it comes to human rights, something is rotten in the state of Denmark known as Kaluga Region.

1. It is impossible to file a complaint in the chancellery at the Migration Authority, whose building is located in the distant outskirts of the regional center. They simply do not accept complaints. To file a complaint, migrants must travel to the Russian Federal Interior Ministry’s Kaluga Region office, which is ten kilometers away, in downtown Kaluga.

2. It is difficult to find anything in the Migration Authority’s building. There is no one to ask for information. Not all the doors have signs on them, and there are no listed working hours for the departments.

3. The lawyer had to wait a long time in the Russian Federal Interior Ministry’s Kaluga Region office for her complaint to be registered and to be issued a receipt.

4. In the Kaluga District Court, it is impossible for a lawyer to learn the name of the on-duty judge who handles administrative violation alleged to have been committed by foreigners.

5. A violation of Article 9, Part 6 of the Russian Advocate’s Professional Code of Ethics was committed in the temporary detention center for foreigner. (“Imposing one’s assistance on individuals and retaining them as clients through the use of personal connections with judicial and law enforcement officers, by promising a favorable resolution of a case, and through other underhanded methods.”)

40436_profileLyubov Moseyeva-Helier is a legal adviser for the Kaluga regional grassroots movement For Human Rights, an expert for the Russian grassroots movement For Human Rights, a lead expert for the project Russian Public Monitoring Commissions: A New Generation, and a voting member of Kaluga Polling Station Commission No. 1139.

Originally published at helier59.livejournal.com on April 28, 2017. Translated by the Russian Reader. Thanks to Comrade Koganzon for the heads-up