A “Political Hit Job” in Petersburg

vishnevskyBoris Vishnevsky. Photo courtesy of Deutsche Welle

Petersburg City Councilman Boris Vishnevsky Accuses Prigozhin Media of Slander
Deutsche Welle
November 14, 2019

On Friday, November 14, Boris Vishnevsky, a Yabloko Party deputy in the St. Petersburg Legislative Assembly, filed a complaint with the Primorsky District Internal Affairs Department, requesting it open a criminal slander investigation into articles published by Patriot media holding company, whose board of trustees is headed by businessman Yevgeny Prigozhin, as reported by Vishnevsky himself on his Facebook page.

Novaya Gazeta has reported that, beginning on November 7, Patriot’s media outlets have been running stories claiming that, in his capacity as a professor at the Herzen Russian State Pedagogical University (RGPU), Vishnevsky had sexually harassed first-year female students.

The basis of the charges is, allegedly, an email from a young woman named Kristina, who identified herself as an RGPU alumna and claimed Vishensky harassed her and other female first-year students in 2014.

On November 12, the national TV channel Rossiya 24 told viewers there had been “widespread complaints” against Vishnevsky, and students had been holding solo pickets against him outside the Legislative Assembly.

Meanwhile, RGPU has issued a press release. It stated there were no first-year students named Kristina enrolled at the university in 2014, Vishnevsky had never taught courses to first-year students there, and no allegations of sexual harassment had ever been made against him.

Vishnevsky has called the scandal an obvious “political hit job.”

“This is the regime’s revenge for my political activities and political stance, for exposing fraud involving the city budget and utilities rates, for fighting to save the city, for defending political prisoners, and for Yabloko’s victories in the municipal district council elections in the Central District,” he wrote.

Translated by the Russian Reader

Two Babushkas

yemelyanovValentina Fyodorovna and Tamara Andreyevna, the great-grandmother and grandmother of Vladimir Yemelyanov, recently charged in the so-called Moscow case. Photo courtesy of Current Time

The Two Grandmothers of a Prisoner in the Moscow Case: How Vladimir Yemelyanov’s Family Gets On
Yevgenia Kotlyar
Current Time
October 18, 2019

Tamara Andreyevna, the grandmother of a new defendant in the so-called Moscow case, Vladimir Yemelyanov, comes home from the hospital.  She shows me her grandson’s room, which police searched on October 14. They arrived early, at 5:30 in the morning.

The woman cries.

“We just didn’t expect any of this. It would be another if he had behaved like a hooligan or something,” she says.

Tamara Andreyevna shows me her grandson’s desk, books, and game console. She says the security forces were looking for leaflets but only confiscated his personal diary.

“They came in here. The guards stood out there, while those guys turned this entire desk upside down. They rifled through everything. They were looking for leaflets or something else but found nothing. They wanted to confiscate the computer, but then changed their minds,” she recounts.

Vladimir was taken away after the search. On October 16, a court remanded him in custody for, allegedly, grabbing a Russian National Guardsman. In this footage, Yemelyanov, who is wearing a pink t-shirt, tries to pull a Russian National Guardsman away from the people at whom he is swinging his baton.

Vladimir lived in a modest apartment in the Moscow suburb of Mytishchi with his grandmother, Tamara Andreyevna, aged 74, and his great-grandmother, Valentina Fyodorovna, aged 92. The women say Vova helped them around the house by buying groceries and peeling potatoes. In his free time, he played computer games.

“He’s very secretive. He’s shy about telling you things. Other people tell you everything, but not him. He’s quiet, he kept everything to himself. He worked every day. I don’t know about his work, I didn’t ask him where he worked. He gave us money for the bills and food, he wasn’t a dependant,” says Tamara Andreyevna.

According to her, she raised her grandson from birth because his mother abandoned him in the maternity hospital. They didn’t know the father.

She shows me old photographs.

“Here’s Vovka when he was little,” she says. “She had him out of wedlock. He’s a half-breed, a Turk.”

Vova was a quiet young man. He finished eleven grades at school, then went to a vocational college, but then dropped out of university, she says. Tamara Andreyevna knew nothing about his going to protest rallies, although they occasionally spoke about politics.

“I didn’t even know there was a rally. I don’t watch the news, I’m not interested, but he went looking for the truth. I told him, ‘Vova, you won’t prove anything to anyone.’ He always upset about how people lived. On that count he was fair. Only no one has any use for this,’ says Tamara Andreyevna.

The family is uneasy with Vladimir at home: his great-grandmother is deaf, has poor eyesight, and has a hard time walking. When Tamara Andreyevna was in the hospital, she lost her medicine.

“Tamara, my eye medicine fell in there. I pulled everything out, but I can’t get in there,” the old woman complains.

Vladimir Yemelyanov faces up to five years in prison. He has been charging with assaulting a police officer. He pleaded not guilty.

“I think I cheered Grandma up. I said, ‘Mom, they said he’ll be in there until December 14, for two months.’ She said, ‘Oh, yeah? I’ll probably live to see the day.’ I bawled the whole way home,” Tamara Andreyevna says.

Vova’s great-grandmother, Valentina Fyodorovna, is certain her great-grandson will come home on December 14 when his two months in remand prison is over.

Thanks to Dmitry Kalugin for the heads-up. Translated by the Russian Reader

“Free Everyone!”: Five More Men Arrested and Charged in Moscow Case

What We Know About the New Defendants in the Moscow Case: Basmanny District Court Remands Four of Them in Custody for Two Months
Vedomosti
October 16, 2019

mosdelo-1Andrei Barshay, 21 years old, a student at Moscow Aviation Institute. Volunteer teacher at the institute’s physics and math magnet school. Pleaded not guilty to charges of using force against a police officer. Investigators claim Barshay ran at a Russian National Guardsman and pushed him in the back, causing him pain, during the July 27 protest rally in Moscow. Photo by Yevgeny Feldman. Courtesy of Vedomosti. 

mosdelo-2Vladimir Yemelyanov, 27 years old. Lives in Mytishchi and works as a store merchandiser. Pleaded not guilty to charges of using force against a police officer. Until his arrest, he took care of his 74-year-old grandmother and 91-year-old great-grandmother. Investigators claim he grabbed a Russian National Guardsman by the uniform and pulled him over, making it impossible for him to move and causing him physical pain. Photo by Andrei Vasiliev. Courtesy of TASS and Vedomosti

mosdelo-3Maxim Martintsov, 27 years old, laboratory worker. Pleaded not guilty to charges of using force against a police officer. Lives in Moscow but family lives in Bryansk Region. Until his arrest, he financially supported his elderly grandmother and grandfather. Investigators claim that, during the July 27 protest rally, he was on Rozhdestvenka Street, where he and Yegor Lesnykh attacked a Russian National Guardsman and threw him on the pavement. Photo by Andrei Vasiliev. Courtesy of TASS and Vedomosti

mosdelo=4Yegor Lesnykh, 34 years old, native of Volzhsky, lives in Moscow. Works as a self-employed renovator. Pleaded not guilty to charges of using force against a police officer. Investigators claim that, during the July 27 protest rally, he and Maxim Martintsov threw a Russian National Guardsman on the pavement. In addition, Lesnykh, allegedly, kicked another law enforcement officer in the lower right part of his back. Photo by Andrei Vasiliev. Courtesy of TASS and Vedomosti

mosdelo-5Alexander Mylnikov, 34 years old. Lives in the South Butovo district of Moscow, and is employed as a courier. Pleaded not guilty. Investigators asked the court to put Mylnikov under house arrest. The father of three young children, he supports them and his spouse. Investigators claim that, during the July 27 protest rally, he, Yegor Lesnykh, and Maxim Martintsov threw a riot policeman on the ground. Photo by Andrei Vasiliev. Courtesy of TASS and Vedomosti

Translated by the Russian Reader. Please read my previous posts on the 2019 Russian regional elections and the fallout from them, including the ongoing crackdowns against opposition politicians and rank-and-file protesters.

 

Piglet

piglet“Should we go and search someone’s home, Piglet?” Cartoon by Sergey Elkin

New Wave of Police Searches Targets Allies of Opposition Leader Navalny Across Russia
Moscow Times
October 15, 2019

Police searched the homes of opposition leader Alexei Navalny’s supporters in at least 12 Russian cities overnight following mass raids last month, the police-monitoring website OVD Info reported Tuesday.

News of the latest wave of early-morning home searches came from cities including Yekaterinburg, Krasnodar in the south, and Arkhangelsk in the north. Police carried out more than 200 raids against Navalny allies across Russia last month as part of a criminal money-laundering investigation into his Anti-Corruption Foundation (FBK).

“This is a new wave of searches concerning the case of alleged money laundering by FBK employees,” the foundation’s director Ivan Zhdanov told Russia’s Ekho Moskvy radio station.

Russia’s Investigative Committee later confirmed it carried out searches across 30 Russian regions as part of its money-laundering investigation into the FBK.

The Justice Ministry blacklisted FBK last week under Russia’s 2012 “foreign agent” law that imposes crippling auditing and reporting requirements on groups listed. Navalny and his allies maintain that they receive funding solely through Russian donations, but the ministry said that the FBK had received donations from the US and Spain.

Navalny has called that move and others, including the jailing of several protesters, part of a coordinated and trumped-up campaign to stifle the anti-Kremlin opposition’s activities.

On Tuesday, investigators said they had seized documents and other items during their searches. Several of Navalny’s supporters had been taken in for questioning, they said.

The FBK’s video investigations accusing officials of corruption have riled Russia’s elite. The authorities froze bank accounts associated with Navalny in August as part of the money-laundering investigation that he says is trumped up.

Navalny and his allies led political protests this summer over a local election in Moscow that grew into the biggest sustained protest movement in the Russian capital in years, peaking at around 60,000 people before appearing to lose steam.

Vladislav Barabanov: Anarchism and Center “E”

e9efc978d793898ae4de6e727570e6caVladislav Barabanov during a rally on September 29, 2019, on Sakharov Avenue in Moscow in support of suspects and defendants in the Moscow case, the Anti-Corruption Foundation (FBK) case, and Russia’s political prisoners. Photo by Sergei Bobylev. Courtesy of TASS and Republic

Police Detectives Created YouTube Channel Where They Uploaded Video of “Rioting”: Vladislav Barabanov, Former Suspect in Moscow Case, on Center “E” and Anarchism
Margarita Zhuravlyova
Republic
October 17, 2019

The Russian Investigative Committee has stepped up the investigation of the so-called Moscow case: five people were detained on October 14 and 15 and charged with assaulting police officers. In total, twenty-six people have been investigated as part of the case, which was launched in the wake of protests this past summer in Moscow; only six of them have gone free. One of them is Vladislav Barabanov, an anarchist from Nizhny Novgorod. He made a special trip to Moscow for the July 27 protest rally, was arrested on August 3 and charged with involvement in rioting, and was released from remand prison in early September. In an interview with Republic, he recounted how a video entitled “Our Attempt to Overthrow the Government” found its way into the evidence against him, how his jailers hinted he might be tortured, and what he talked about with Center “E” officers.

Prosecution
The wording of the charges against me was vague: “group of individuals,” “sprayed tear gas,” “destroyed property,” and so on. In my case file, however, there were two screenshots from a video that was uploaded, I am certain, by the very same police detectives who were involved in cooking up the criminal case against me. They created a channel on YouTube, calling it “Yegor Zhukov” [Yegor Zhukov, who has been charged in the Moscow Case and is currently under house arrest, is a student at the Higher School of Economics—Republic] and uploading a video entitled “Our Attempt to Overthrow the Government.” That was how this recording and two screenshots, in which I am seen marching in front of a crowd and waving my hand, were entered into the evidence. But I did not “coordinate” any riots.

The first alarm bell was at the detention center: someone from the Investigative Committee came there, wanting to interrogate me as a witness. Then I was detained as I was leaving the detention center, making it clear they would try to pin criminal charges on me. But I couldn’t imagine what would happen next and that so many people would be charged. I thought I would be the only one to face these charges.

Given the psychological pressure they applied in the investigative department, it was hard at first. There were these guards there, for example, who talked on the phone with someone and asked, “Where do we keep the gas masks?” I understand perfectly well how gas masks are used during interrogations. They are put on people’s heads as a way of forcing them to testify. Cigarette smoke can be blown into them or the air can be turned off so a person loses consciousness.

I had the support of family members and my comrades, who met me at the detention center after I did time there for administrative offenses. When they saw me being put into a police cruiser and driven away, they blocked the road and tried not to let it get through. They formed a human chain, but the police pushed them aside. Right at that moment, an officer from Center “E” (Center for Extremism Prevention) was sitting next to me in the car and videotaping everything. He wouldn’t let me contact anyone or take out my mobile phone, threatening to confiscate it.

Center “E”
Center “E” was intensely interested me back in Nizhny Novgorod, too. On September 9, 2018, we held an “unauthorized” protest march against the government’s raising the retirement age. Afterward, there was a wave of arrests, with the police detaining some people in their homes, and others at work. I was detained at a presentation of the almanac moloko plus. I think they knew me, because I was politically active in Nizhny Novgorod, doing solo pickets and helping organize events.

I didn’t say anything to Center “E” officers without a lawyer present. I was detained along with a comrade. He was released, but I was charged with involvement in an “unauthorized” event that had caused disruption to public transport and impeded pedestrians. They had a file with my name on it in which they rifled through papers. One of the Center “E” officers was really curious about what anarchists had in common with Navalny’s supporters. They were worried opposition forces were consolidating.

Anarchists
Since I was young, I guess, I have had a yearning for justice. I followed the Bolotnaya Square Case and all the events of 2011–2013. I was between fourteen and sixteen then. The first protest rally I ever attended was in Nizhny Novgorod on March 26, 2017, my birthday. Due to my age, I was not involved in the events of 2011–2013, but comrades say that rally, which took place after Alexei Navalny published his investigation of the corruption schemes in which Dmitry Medvedev was involved, drew a much bigger crowd. It was a really cool, very significant event: there had never been anything like it in Nizhny.

I didn’t go to protest rallies before that, although I was interested in politics. This was due to my personal rethinking of effective methods of struggle. First, there was the ideological aspect: perhaps I didn’t see any points of contact among the opposition. Second, I rejected public activism.

If we talk about the anarchist milieu and why I now call myself a libertarian socialist [libertarian socialism is a political philosophy focused on resisting authoritarian coercion and social hierarchy—Republic] the fact of the matter is that there are lots of stereotypes around the notion of anarchists, who are either imagined as subculture types with as subculture types with mohawk haircuts and the letter A on their backs, screaming “Anarchy is the mother of order,” or people in masks whose only thought is torching, blowing up, smashing, and destroying things, meaning anarchists are equated with terrorists.

As for methods, some anarchists consider it more effective to put up leaflets and stickers, do graffiti, and hang banners on the street—as long as no one sees them. Their public activism begins and ends there. But when they are confronted with crackdowns, they take to the public arena all the same, because only a huge public outcry can defend people from persecution.

I think that, if you want to promote your political ideas you have to be as public about it as possible. This will help you get around the stereotypes attached to the notion of anarchism and recruit people to your side.

I see anarchism as the endpoint in society’s evolution. It is what happens when people realize they are capable of solving their problems without recourse to any representatives whatsoever, when they realize they can organize themselves and their own lives. When the concept of centralization goes away, people won’t need power over each other.

Translated by the Russian Reader

Leokadia Frenkel: How to Defeat Russia’s Ruling Party in Your Own Neighborhood

lika-1.jpgLeokadia Frenkel talks to local residents protesting vote rigging. Photo by David Frenkel

“I Realized They Were Getting Ready to Throw the Election”: A Petersburg Woman Talks About How She Fought Three Days to Have the Real Vote Tally Confirmed
Leokadia Frenkel is a member of the election commission in Petersburg’s Vladimirsky Municipal District, where not a single United Russia candidate was elected
Sofia Volyanova
TJournal
September 12, 2019

Three days after Russia’s nationwide election day on September 8, the results of the municipal district council races in Petersburg had not been officially announced. In four districts where ruling United Russia party candidates did not win a majority of seats on the councils, the election commissions postponed their final meetings. In the Vladimirsky Municipal District, all the ruling party’s candidates had lost, according to preliminary vote tallies. The Yabloko Party had won twelve seats, while five seats had gone to independent candidates, and three seats to A Just Russia.

At some of the polling stations where opposition candidates were leading, election officials decided to recount the votes. As a consequence, United Russia candidates suddenly took the lead, while independent candidates were robbed of critical votes.

Leokadia Frenkel, a voting member of the Vladimirsky Municipal District Election Commission, told TJournal how she and the winning candidates prevented such vote rigging in her own district. She was forced to sleep in the district council building and was assaulted by the election commission’s deputy chairwoman, who attempted to lock Frenkel in an office.

__________________________________________________

On election day, I arrived at the Central District administration building, where our municipal district election commission is located, at seven in the morning. We invalidated ballots, then I got the papers I had to take to the different polling stations and I delivered them. I communicated with the polling station election commissions and monitored what was happening. At eight in the evening, I returned to the Central District building, where we invalidated the rest of the ballots that needed invalidating.

We did not receive a single complaint during the voting and the vote counts. Everything was completely fair and square. I had no complaints with the commission chair.

“The polling station election commission chairs will go with me, and we will enter the results into GAS [automated state elections system],” she said.

But then, during the night, someone told us all the election commission chairs had been sent home and no one had entered their vote tallies into GAS because it was down. We learned this completely by accident. I asked the secretary of the municipal district election commission what had happened, why the vote tallies had not been entered into GAS, and why the commission chairs had been sent home. She said something was broken, but we checked and nothing was broken. They were playing for time: they needed an excuse to do a recount. That was when we realized the fix was in and we spent the night in the administration building.

Why did I stay there? I was afraid they would convene the municipal district election commission without me. I wanted to be there and register my dissenting opinion if there was a recount.

The winning candidates slept there, too, because the ballots had been packed up and stored in the basement. They were making sure the ballots were not stolen. There were advisory and voting members of the polling station commissions who had done their jobs honestly and wanted to prevent electoral fraud.

The commission had left in the wee hours of September 9, saying it would reconvene at four in the afternoon. But it did not show up at four in the afternoon. We kept waiting, finally filing complaints with the Territorial Election Commission and the Central Election Commission.

We spent the whole day in the building. The very nice, hospital head of the Central District talked to us and gave us chairs so we would not have to lie on the floor. Our friends supplied us with food and water.

We spent over twenty fours in that building.

The head of the district communicated the City Election Commission’s decision to us and said all the chairs of the polling station election commissions would be gathering and all the final vote tallies would be entered into GAS.

When the chair of the commission showed up, she summoned all the polling station chairs. At nine in the evening, they started entering the vote tallies into GAS. The results were entered correctly: there was no vote rigging.

But the fact is that the chair of our municipal district election commission did not come and pick up the results. First, she said they were not ready, although they were ready. She was supposed to collect them and hold a final meeting of the commission to confirm the vote tally and the list of winning candidates. Many independent candidates and new people won seats on the Vladimirsky Municipal District Council. No one from United Russia was among the victors, so maybe they were angry or somehow affiliated with the municipal district council.

Leokadia Frenkel sleeping outside the office of the deputy head of the Central District

After the vote tallies were entered into the GAS, I went home and the next day I was busy with my own affairs. But the final sitting of the commission had not been held nor had the documents been collected. I telephoned the chair and asked what the matter was. So I would not worry, she said the meeting would be held and everything would be fair and square.

At nine in the morning on September 11, the candidates telephoned me and said that certain polling station commission chairs had shown up at the municipal council for some unknown purpose. So I also went to the municipal district election commission, once again asking when our final session would be held and why the paperwork, which had long been ready, had not been picked up.

The deputy chair was the only one in the office, so I asked her. I saw a paper on her desk with no date or registry number. It was a complaint, filed by United Russia candidate Igor Kartsev, who requested a recount.  I realized they were getting ready to throw the election. Instead of getting ready for the final meeting, they were grooming people affiliated with them to file complaints requesting a recount, as was happening in other municipal districts, in order to steal the victory from the independent candidates.

I took the complaint in order to photograph it when the deputy chair attacked me from behind. She tried to snatch the letter from me and destroy it.  There were many people present, including the candidates and voting members of our commission. One of them grabbed the complaint, which the deputy chair tried to snatch from me, in order to save it from destruction. He photographed it and posted it on social media.

Vladimirsky Municipal District Election Commission deputy chair attacked @likafrenk, a voting member of the commission from Yabloko, to stop her from seeing documents and complaints that would trigger a recount. The voting member managed to escape despite the fact that the deputy chair tried not to let her out, but now the deputy chair claims it was she who was attacked. She was taken away in an ambulance.

The deputy chair tried to lock me in the office and prevent from getting out by holding the door shut. There was a slight tussle: I wedged my foot in the doorway, but she tried to hit me with the door so I could not get out. When she let go of the door, I escaped. I filed a complaint with the City Election Commission, explaining that I had found a strange document. I also wrote that I was afraid, since the final commission meeting had not been held, that they were planning to throw the election.

I filed a complaint with the police about the attack and the fact that the municipal district election commission had tried to destroy the documents I had turned up. And I went to the emergency room and had the doctors there document the injury I suffered when the deputy chair hit me with the door to keep me looked in her office. I ended up with a bruise on my leg, of course.

The commission is located in the building where the municipal council has its offices. The police and an ambulance were summoned. Allegedly, either someone hit someone else or I hit someone. But I could not have hit anyone because I was on the other side of the door, in an office where there was nowhere else. Complaints were filed to the effect that I had, allegedly, absconded with certain documents, but I had not stolen them. I was in the commission office and the deputy chair would not let me out. I could not have stolen the documents.

Also, the deputy chairwoman filed a complaint that someone had hit her in the hallway or something to that effect. She also had her alleged injuries documented at the emergency room, and she was taken to hospital.

I don’t know what is going on here, but it all began when the incumbent council members got a look at the vote tallies. When they realized they had lost in all the districts, they postponed the final commission meetings and the announcements of the results. First, they put off entering the results into GAS, but when the actual, correct results were entered into the system, they tried to put off holding the final commission meetings.

Holding a recount is one way of switching out ballots and substituting them with fake ballots. But they still have to be signed by two commission members, at least. They want to switch the ballots and recount the votes. What are they fighting for? They want a majority on the council. They want to prevent the independent candidates for gaining a majority on the council and then electing their own chair.

Tomorrow is the last day when they can hold the final, wrap-up session, and now social media are reporting that, allegedly, the municipal district election commissions are going to be meeting at the Central District administration building and, allegedly, the election results will be confirmed in keeping with the vote tallies that the polling station election commissions arrived at fair and square.

lika-3.jpg
Leokadia Frenkel. Photo by David Frenkel

It is now the evening of September 11, and a rather large number of people have gathered outside the offices of the Vladimirsky Municipal District Council, including the winning independent candidates, commission members outraged by the fact that the authorities have been trying to throw the election. These people have said they will not go home because the authorities are trying to throw the election.

The winning candidates spent the whole day picketing the municipal district election commission and demanding the immediate confirmation of the results. But just now the police detained someone here. [It later transpired that a young woman conducting a solo picket protesting vote rigging had been detained. She did not have a local residence permit, so she was put into a police car, but she was released after the police checked her return tickets — TJournal.]

I came here to see what was going on. Everything is closed, but people have gathered here all the same. The candidates called local residents who signed petitions to get them on the ballot and told them the authorities were trying to steal their votes, and so these residents have also come.

The candidates are going to stand guard at the Central District administration building. As soon as they see that the chair has shown up, I will also run over there. If a recount is demanded, a report will be issued. I will send a dissenting opinion to the City Election Commission and the Central Election Commission and tell them there was vote rigging and a recount.

All the rough stuff lies ahead of us. Now, however, I don’t see anything rough happening. I see lots of young people who are determined to fight. They are proactive and positive. Of course, it would be a blow to me if everything into which we have put so much effort is declared null and void, if there is a recount and they steal the victory. But we plan to fight.

I have only positive thoughts. I did not expect the opposition to win, but win they did in all the districts. This is the first time when people who deserve to win have won. In this sense, it was fair and square. There was nothing like this in past elections. Nobody wanted to vote. Suddenly young people the candidates, their friends and their aidesappeared on the scene, and it’s great. I have seen another world, a world of young people.

Translated by the Russian Reader

Hand It Over

moscow highway serviceMoscow’s streets are, apparently, reserved for planet-killing traffic jams and idiotic displays of state power, like this parade of trucks by the Moscow Highway Service. Yesterday, another of the city’s municipal agencies, which are run as profit-making “state enterprises,” Moscow City Transport, won a 1.2 million-ruble lawsuit against opposition leaders and independent city council candidates for the losses it incurred, allegedly, during the July 27 protest rally in support of independent candidates barred from running in the September 8 elections. A raft of other frivolous lawsuits against the opposition is coming down the pike by way of punishing them for their persistence and their tactical victory this past Sunday. Photo courtesy of the Moscow Highway Service

Hand It Over: Court Awards Moscow City Transport 1.2 Million Rubles in Suit Against Opposition Politicians
Maria Litvinova
Kommersant
September 11, 2019

Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, and Vladimir Milov must jointly pay Moscow City Transport (Mosgortrans) 1.2 million rubles [approx. $18,000] for the losses it incurred due to traffic stoppages during the “unauthorized” protest rally on July 27 in Moscow. Such was the ruling made on Tuesday by the Koptevo District Court on the lawsuit brought by Moscow City Transport. The defendants were unsuccessful in their attempt to demand financial documents showing the losses. They argued that public transport was poorly organized and also pointed out the large-scaled public events held by the mayor’s office in the downtown area.

Moscow City Transport filed a suit against Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, Georgy Alburov, and Vladimir Milov, who were involved, allegedly, in organizing the July 27 protest rally dedicated to the course of the Moscow City Duma election campaign [sic]. The plaintiff claimed that public transport ground to a halt on several streets due to the blocking of roads by people who took part in the “unauthorized” event and the company incurred losses. Moscow City Transport sought 1.2 million rubles in damages from the members of the opposition.

The hearing at the Koptevo District Court was attended by legal counsel for the defendants, including Alexander Pomazuyev (Sobol and Stepanov), Oksana Oparenko and Sergei Badamshin (Solovyov), Vadim Prokhorov (Yashin), and Andrei Tamurka (Galyamina), as well as Vladimir Milov, who was barred from running in the elections, and his lawyer Valentina Frolova. Navalny and Zhdanov neither attended the hearing nor sent their lawyers. Moscow City Transport’s lawyers refused to give their names to reporters.

Judge Vera Petrova opened the hearing by rejecting a number of motions made by the defendants. In particular, the opposition politicians had asked for a financial report from Moscow City Transport for July 2019 showing the losses, as well as the logbooks of its bus drivers. According to Pomazuyev, it was impossible to substantiate Moscow City Transport’s calculations and corroborate the alleged losses.

The defendants had also moved to have officers of the Russian National Guard and the Interior Ministry, who, they claimed, had blocked roads, named as co-defendants, but the court turned them down.

The defense argued that when it refused to examine key documents the court had taken the plaintiff’s side. Its subsequent motion, asking for the judge to recuse herself, was also denied.

During the trial, one of the plaintiff’s lawyers admitted there had been traffic congestion in different parts of Moscow on July 27 but was unable to explain why the protest rally was the reason for the lawsuit.

Moscow City Transport had identified the persons liable for its losses on the grounds that they had already been convicted on administrative charges for their involvement in the “unauthorized” rally and they had published posts on social media encouraged people to turn out for the event.

The defendants and their lawyers wondered why they had been singled out given the fact that numerous people had either been detained at the protest rally or posted about it on social media.

“There were endless numbers of people on the internet who encouraged people to come out for the event,” a lawyer for the plaintiff conceded, “but we chose to sue these people.”

The lawyers for the defense rejected the claim their clients had encouraged people to block streets. They presented the court with a list of the streets traveled by the buses that, allegedly, got stuck in traffic due to the protest rally in downtown Moscow. For example, Bus No. 137 travels from Belovezhskaya Street to Kyiv Station without going through downtown.

Milov told the court that the documents presented by the plaintiff pointed to “traffic congestion,” not the “blocking of roads.”

“Because of traffic jams, it took me two and a half hours to get here today. Moscow City Transport should sue the Moscow mayor’s office for its poor job of regulating traffic,” he said.

“Moscow City Transport handles the sale of transport tickets in ticket offices around the city,” he said. “Passengers put down their money and decide for themselves when to use the tickets they buy. So, you do not incur losses when buses are stuck in traffic but make money hand over fist.”

The defense argued that the Moscow mayor’s office regularly blocked roads in order to hold city-sponsored events, but Moscow City Transport had never once sued the mayor’s office for losses.

Moscow City Transport’s lawyers countered that the mayor’s office always compensated them for losses.

“If you had compensated us, we would have no claim against you,” one of them said.

Frolova reminded the court of the “burden of responsibility” borne by the public authorities.

“How are the rights of people who enjoy dumplings and pancakes [a reference to the festivals regularly organized downtown by the mayor’s office—Kommersant] any different from the rights of people who are voicing their civic stance?” she asked.

The defendants insisted on the political nature of the court case, arguing it had to do with the elections to the Moscow City Duma.

“The elections are over, people voiced their opinion, let’s get back to the law,” Badamshin said to the judge.

“The court has ruled in favor of the plaintiff,” said Judge Vera Petrova, putting an end to the arguments.

The court rejected the suit in relation to one of the co-defendants, Georgy Alburov. The money will be recovered from all the other co-defendants jointly and severally.

Several other private firms, state-owned companies, and state agencies plan to seek compensation from the opposition, in particular, the Moscow Highway Service, the Moscow subway, the taxi service, the staffing company Ancor, the car rental company Fly Auto and, as transpired yesterday, the Moscow Prosecutor’s Office.

Translated by the Russian Reader