Dirty Linen

burdenkoBurdenko Neurosurgery Institute in Moscow. Photo courtesy of TASS and  Current Time

Moscow Doctor Summoned to Prosecutor’s Office over Interview on Shortage of Protective Equipment
OVD Info
April 7, 2020

The Agora International Human Rights Group has reported on the Telegram channel Coronavirus Legal Aid Headquarters that the Tverskaya Inter-District Prosecutor’s Office has launched a probe of the Burdenko Neurosurgery Institute.

The probe was prompted by a interview, published on the website Current Time, in which Vsevolod Shurkhay, a neurosurgeon at the institute, said that doctors lacked personal protection equipment. As part of the probe, Shurkhay himself was summoned to the prosecutor’s office for questioning.

Entitled “One Mercury Thermometer for Forty People, and House Calls Without Protection: Russian Doctors Talk About Lack of Protection Against Coronavirus,” the article was published on March 24.  In the interview, Shurkhay discusses the shortage of face respirators for doctors in his department and UV lamps for air purification. In addition, according to Shurkhay, doctors in the department were asked to take their own temperature and issued a single mercury thermometer for forty employees.

According to Current Time, Shurkhay sent a written request to institute management, asking them to solve the problem, but they advised him not to “escalate” the situation. It was then that the doctor contacted supervisory bodies and journalists.

According to Agora’s legal aid headquarters, on March 25, Shurkhay was asked by the institute’s head physician to give a written explanation for the Current Time article. The human rights organization writes that Shurkhay was given to understand he could be dismissed for washing the institute’s “dirty linen” in public and reproached for immediately contacting the media.

Translated by the Russian Reader. You can read all my posts about the coronavirus epidemic in Russia here.

Ivan Lyubshin: Five Years in Prison for a Social Media Comment

 

lyubshinIvan Lyubshin at the Kaluga city limits on the eve of his trial. Photo courtesy of Radio Svoboda

Court Sentences Kaluga Resident to Five Years and Two Months in Prison for Comment on Bombing at FSB Office
OVD Info
March 5, 2020

The Second Military District Court, sitting in Kaluga, has sentenced Kaluga resident Ivan Lyubshin to five years and two months in a medium security penal colony for violating Article 205.2.2 of the Russian Criminal Code, which criminalizes “exoneration of terrorism,” for posting a comment on the VK social network about the 2018 suicide bombing at the Arkhangelsk office of the Federal Security Service (FSB). Pavel Chikov, head of the human rights group Agora, reported the verdict on his Telegram channel.

The prosecutor had asked the court to sentence Lyubshin to six years and one month in prison. According to Chikov, Lyubshin and his defense lawyer, Tatyana Molokanova, had insisted on an acquittal. It took the judge two hours to return the verdict.

“I called [Arkhangelsk teenage suicide bomber Mikhail] Zhlobitsky ‘hero of the week, at least,” meaning that he was the hero of the news. This was stretched to make it seems I’d meant he was a hero in general,” the accused said in January of this year.

Lyubshin later deleted the social media comment.

The court examined all witnesses and evidence in the case over a single day, March 4, without Lyubshin present. He told OVD Info that he was on sick leave, and had a doctor’s appointment that day, so he was forced to miss the court hearing.

The prosecution asked that the hearing be postponed until March 14 and Lyubshin’s attendance be assured through compulsory delivery of his person to the court. The defense asked for the same postponement, but objected to the prosecution’s motion for compulsory delivery.

Presiding Judge Alexei Grinev asked for a note from Lyubshin’s doctors to the effect that the defendant was physically unable to attend the court hearing. The doctors refused to give Lyubshin such a note, explaining that such notes were issued only at the court’s request.

The court ruled that the defendant has thus failed to appeared and postponed the hearing of the case until March 5. Lyubshin reported that the court also ruled that he be forcibly delivered to the hearing.

Lyubshin also reported that the FSB officers who were witnesses in his case left in the same car as the prosecutor after the hearing. In addition, one FSB officer, another witness in the case, tried to ask the doctors for details about Lyubshin’s illness. However, they only confirmed that Lyubshin was under their care.

In October 2019, Lyubshin was placed under house arrest on charges of “exonerating terrorism.” He claimed then that FSB officers who interrogated him had tortured him, but the Russian Investigative Committee declined to launch a criminal case against the security service officers in question. In late December 2019, Lyubshin was released on his own recognizance. In March 2019, after the partial decriminalization of Article 282 of the Criminal Code, the court dismissed incitement of hatred charges against Lyubshin for posts on VK.  In November 2017, he was found guilty of inciting hatred (Article 282.1) and “exonerating Nazism” (Article 354.1.2) for posts on VK. He was sentenced to pay a fine of 400,000 rubles.  Lyubshin was also accused of distributing pornography, but the court acquitted him.

Ivan Lyubshin is the latest in a growing list of Russians prosecuted or facing prosecution for allegedly “exonerating” the suicide bomber Mikhail Zhlobitsky on social media or in the traditional media. Lyubshin has joined the ranks of Svetlana Prokopieva, Anton Ammosov, Pavel Zlomnov, Nadezhda Romasenko, Alexander Dovydenko, Galina Gorina, Alexander Sokolov, Yekaterina Muranova, 15-year-old Moscow schoolboy Kirill, and Vyacheslav Lukichev. On March 5, OVD Info reported that Oleg Nemtsev, a trucker in Arkhangelsk Region, had been charged with the same “crime.” Translated by the Russian Reader

Russian Opposition Hit with New Wave of Searches and Arrests

Russian Opposition Hit with New Wave of Searches and Arrests
Yelena Mukhametshina
Vedomosti
July 25, 2019

On Wednesday evening, Moscow’s Simonovsky District Court jailed politician Alexei Navalny for thirty days for calling on Muscovites to go to the mayor’s office this weekend to protest irregularities in the upcoming elections to the Moscow City Duma. Law enforcement agencies simultaneously launched a dragnet against the Russian opposition. Investigators searched the homes of ex-MP Dmitry Gudkov, his colleague Alexander Solovyov, Ivan Zhdanov, director of Navalny’s Anti-Corruption Foundation (FBK), and municipal council member Nikolai Balandin.

The search in Gudkov’s home lasted around two hours. Investigators confiscated the politician’s computers, smartphone, and all portable electronic storage devices. Gudkov’s press secretary Alexei Obukhov said the search warrant mentioned the confiscation of all computer discs [sic] in connection with the protest rallies and pickets outside the Moscow City Elections Commission on July 14, 15, and 18. Identified as a witness in a criminal investigation, Gudkov was given a summons to an interrogation at the Main Investigative Department of the Investigative Committee’s Moscow office on Thursday morning. Navalny’s colleague Leonid Volkov reported that, after his home was searched, Zhdanov was taken immediately to the Main Investigative Department.

gudkovPolice searching Dmitry Gudkov’s apartment. Courtesy of Dmitry Gudkov’s Telegram channel and Vedomosti

FBK lawyer Lyubov Sobol, municipal district council member Yulia Galyamina, and ex-MP Gennady Gudkov have also been summoned to interrogations on Thursday morning.

“Would that they went after criminals this way. They are just scumbags!” Gudkov, Sr., wrote in an emotional post on his Twitter page after receiving a phone call from an Investigative Committee investigator.

On Wednesday afternoon, the Main Investigative Committee reported it had launched a criminal investigation into the protest rally that was held outside the Moscow City Elections Commission on July 14 by opposition candidates to the Moscow City Duma under Article 141 of the Russian Criminal Code, which criminalizes the “obstruction of voting rights or the work of electoral commissions.” In July 2019,  the Main Investigative Office writes, members of a particular movement organized illegal and unauthorized rallies and pickets outside the Moscow City Elections Commission in order to exert pressure on members of the election commissions and obstruct their work. People who attended the rallies threatened election commissions members with violence, the Main Investigative Offices reports. It did not specify which part of Article 141, in its view, had been violated. It could choose to indict people under Article 141.2, which carries a maximum punishment of five years in prison.

The protests out the Moscow City Elections Commission were sparked when district election commissions found flaws, allegedly, in the signature sheets of people intending to run as independent candidates in the September 8 elections to the Moscow City Duma. The flawed signature sheets, allegedly, disqualified them as candidates, and the local election commissions refused to register them. Among the disqualified candidates were municipal district council members Ilya Yashin, Konstantin Yankauksas, Anastasia Bryukhanova, Galyamina, and Dmitry Gudkov; Navalny’s colleagues Sobol and Zhdanov; and Yabloko Party members Elena Rusakova, Kirill Goncharov, and Sergei Mitrokhin.

All last week, the opposition kept up its protests, which had not been vetted by the mayor’s office, on Trubnaya Square. On Saturday, an estimated 22,500 people attended an authorized protest rally on Sakharov Avenue. During the rally, Navalny told the crowd that if all the independent candidates were not registered in the coming week, people should go to the mayor’s office on July 27.

On Wednesday afternoon, opposition politicians told Vedomosti they were prepared to rally outside the mayor’s office on Saturday.

“The criminal investigation is obviously an attempt to intimidate us. We want to run in the elections, but they refuse to put us on the ballot. Now they say they have launched a criminal investigation. We will keep defending our rights,” said Yashin.

Galyamina also believes the authorities are trying to intimidate the opposition.

“On July 14, [Moscow City Elections Commission chair Valentin] Gorbunov was at his dacha, and the commission was closed for business. It is unclear whose work we could have obstructed,” she said.

Gorbunov told Vedomosti that he was not at the commission’s offices on July 14, but that during election campaigns the commission’s working groups and members work weekends as well.

“Time is short and we have to wind things up,” he said.

Gorbunov learned about the criminal investigation from the press. He had no idea who had filed the complaint.

“I believe people need to act within the law. [Central Elections Commission chair Ella] Pamfilova said that rallies were not a form of political campaigning, that people had to work within the bounds of the law. I can only say that the rally outside the Moscow City Elections Commission was not authorized, but it is up to law enforcement agencies to comment on criminal liability for what happened,” he said.

However, on July 14, Gorbunov had told Vedomosti the commission was closed on Sundays.

“They [the opposition] might as well have gone to some factory that was closed on Sunday,” he said then.

The criminal investigation is probably meant by the security forces as a way to intimidate protesters, argues a person close to the mayor’s office. This source said it was clear police would detain people who attempted to attend an unauthorized rally on July 27.

According to court statistics, people have been charged and convicted of violating Article 141 extremely rarely. In the last ten years, the most “fruitful” years were 2009 and 2011, when fifteen and eleven people, respectively, were charged and convicted of violating the article.

In 2009, six people were indicted under Article 141 due to numerous abuses in the mayoral election in Derbent. In 2011, Andrei Ruchkin, head of the Engels District in Saratov Region, was charged under Article 141.3 for meddling with the work of the local election commission. In 2018, members of the Yabloko Party in Pskov were charged under Article 141 for encouraging voters to spoil their ballots in the gubernatorial election, but the charges were dropped for lack of evidence.

Criminal Code Article 141 is peculiar it is mainly employees of the executive branch who obstruct the exercise of voting rights and the work of election commissions, but they are almost never charged with violating the law, explains Andrei Buzin, co-chair of Golos, a Russian NGO that defends voting rights and monitors elections.

“It was not considered kosher to file criminal charges, and so several years ago a similar article was inserted into the Administrative Violations Code. Several election observers were charged under this law,” he said.

Buzin argues that the situation has been turned upside down.

“The protesters were defending voting rights, so it would truer to say that it has been the election commissions that have been obstructing citizens,” he said.

“There is almost no case law for Article 141. It is hard to say who could be charged with violating the law. We have had no experience with it,” said Pavel Chikov, head of the Agora International Human Rights Group. “There was an incident in the Moscow Region. Candidates were assaulted, but we were not able to get criminal charges filed.”

Now the article was being used to punish political “crimes,” he argued.

“It is a variation of the Bolotnaya Square case of 2012, only somewhat lighter. The defendants in that case were charged with rioting,” he said.

Chikov added that we should probably expect more arrests in the wake of the searches.

Translated by the Russian Reader

Ivan Ovsyannikov: How Russia’s New Laws on Disrespecting the Authorities and Fake News Will Play Out

markischer bunny

Russia: How Will the Laws on Disrespecting the Authorities and Fake News Play Out?
Ivan Ovsyannikov
Eurasianet
March 26, 2019

Six months after easing punishments for speaking out on the internet, Vladimir Putin has signed laws that would restrict freedom of speech in Russia, argue civil rights activists.

People who are deemed to have disrespectfully criticized the Russian authorities and disseminated fake news face blocked websites and stiff fines.

The new laws do not explain how to distinguish ordinary criticism of the authorities from disrespectful criticism, and fake news from honest mistakes or the truth, in cases in which the authorities have decided to declare it fake. Defining disrespect and unreliable information has been left to the discretion of the authorities.

How the New Laws Are Worded
According to Russian Federal Law No. FZ-30 and Russian Federal Law No. FZ-31, which have amended the previous law “On Information, Information Technology, and Information Security” (Russian Federal Law No. FZ-149, dated July 27, 2006), people who disseminate “unreliable socially significant information in the guise of reliable news” could be fined, under the corresponding amendments to the Russian Federal Administrative Offenses Code, between 30,000 rubles and one million rubles, while people who voice their “flagrant disrespect” for society, the state, its authorities, and its symbols “improperly” could be fined between 30,000 rubles and 300,000 rubles.

On March 18, 2019, Putin signed the corresponding law bills, as previously passed by the State Duma and the Federation Council, into law.

Russia’s federal communications watchdog Roskomnadzor now has the power to restrict access to a website that has published “false” or “disrespectful” claims, according to law enforcement agencies, without a court’s sanction.

Both law bills were tabled in the Russian parliament by Andrei Klishas, who formally represents Krasnoyarsk Territory in the Federation Council, the parliament’s nominal upper house. Klishas had previously coauthored law bills on making the Runet autonomous, on stiffening punishments for advocating separatism, on breaking rules for holding political rallies, on desecrating the national anthem, and on declaring media outlets “foreign agents.”

klishasAndrei Klishas, a member of the Russian Federation Council for Krasnoyarsk Territory. Photo courtesy of Ilya Pitalev/RIA Novosti and RBC

The Russian Government Will Be Able to Pinpoint and Block Bad News
Despite the prohibitive bent of MP Klishas’s lawmaking, he heads United Russia’s “liberal platform,” stressing that his law bills are not attempted crackdowns. When discussing the law criminalizing disrespect for the state and society, Klishas pointed to European precedents.

“The rules existing in Europe say you can criticize the authorities as much as you like and demand their resignation. […] But when you communicate with the authorities, you should show respect, because they did not appear out of the blue. They are the outcome of people’s choices,” Klishas told Znak.com in an interview published in February 2019.*

As for the law on so-called fake news, MP Klishas stressed only people who distributed knowingly false information that engendered panic and endangered society had to fear prosecution, not reporters and bloggers who made honest mistakes, he told the website.

Klishas’s stance is not shared by the Russian Presidential Council for Civil Society and Human Rights, which described his law bills as unacceptable, anti-constitutional, and a threat to the public.

“The way in which these innumerable, insane law bills are tabled reveals a simple desire to curry favor with the regime. They generate a sense of legal uncertainty. First, swearing was criminalized. Then ‘extremism’ and ‘foreign agents’ were targeted. Now fake news and ‘disrespect for the authorities’ have been added to the list. Give the well-known practice of selectively charging and convicting people for these crimes, no one knows what might get them in trouble,” says journalist and presidential human rights council member Leonid Nikitinsky.

The law on fake news does not stipulate how real news should be differentiated from counterfeits, which makes the law a bogeyman, argues Nikitinsky. The authorities can use it to trip up undesirable journalists and silence unwanted news.

Nikitinsky notes that, while Russian state propaganda is chockablock with fake news, it is is independent media that are primarily at risk of being penalized for violating the new law.

New Prohibitions Make Up for Easing of Old Bans
Pavel Chikov, head of the Agora International Human Rights Group, argues the penalties for disrespecting the authorities and fake news are meant to compensate for the partial decriminalization, in November of last year, of “extremist” statements published on the internet.

After first-time convictions for public incitement to hatred or enmity (Russian Federal Criminal Code Article 282 Part 1) were reclassified as administrative offenses, Russian police lost part of their workload. Under the so-called quota system, in which law enforcers are evaluated according to the number of crimes they have solved, the introduction of new offenses in the Administrative Offenses Code can generate new possibilities for fudging the statistics on cleared cases and conviction rates.

On the other hand, the amended law appears “liberal” only when compared with its earlier redaction, which stipulated a maximum of five years in prison for careless statements on the internet.

Improper Does Not Mean “Obscene”
If the law against fake news would probably be applied selectively, administrative charges of disrespect for the authorities and society could be a large-scale phenomenon within a few years, argues Alexander Verkhovsky, head of the SOVA Information and Analysis Center.

“People are punished five times more often under the ‘anti-extremism’ articles in the Administrative Offenses Code than under the corresponding articles in the Criminal Code. The partial decriminalization of Criminal Code Article 282 shifts the proportion even more heavily toward administrative punishments. The introduction of new articles in the Administrative Offenses Code means there will be fewer criminal prosecutions and many more administrative prosecutions,” Verkhovsky predicts.

Last year’s easing of anti-extremist laws was justified by the fact that the mechanical application of Article 282 had produced a proliferation of inmates who had no relation to extremist groups. The administrative prosecution of “disrespect for the authorities” could also balloon into a crackdown against rank-and-file Russians.

“It is difficult to predict the extent to which such cases will be politically motivated,” says Verkhovsky.

Prosecuting people of disrespect for the authorities is complicated by the lack of clarity over what can be said and what cannot. According to Roskomnadzor’s official clarification, which was not issued in connection with the new law, “four well-known words (kh.., p…., e…., and b….), as well as the words and expressions derived from them,” are considered obscene.**

Verkhovsky stresses, however, that improper does not mean obscene. The new law does not define what it means by “improperly.”

Nikitinsky agrees.

“You can arbitrarily call anything improper,” he says.

The Authorities Are More Sensitive to Criticism 
According to Chikov, the passage of Klishas’s law bills is the regime’s knee-jerk reaction to its dwindling popularity. After the pension reform of summer and autumn 2018, the ratings of Russia’s supreme executive and legislative authorities took a severe hit. Also, according to a poll done by VTsIOM, a year after the last presidential election, in March 2018, Putin is trusted by 33.4% of Russians, a drop of 21.9% from March 2018.

For example, in March 2018, a court in Naberezhnye Chelny sentenced activist Karim Yamadayev to twenty-eight days in jail for erecting a fake headstone for President Putin by way protesting the law bill that would create a “sovereign” Runet, if passed into law.

putin doa“Vladimir Vladimirovich Putin, 1952–2019.” Image courtesy of BBC Russian Service

In summer of 2018, Petersburg activist Varya Mikhaylova was fined 160,000 rubles for publicly displaying the picture 9 Stages of the Supreme Leader’s Decomposition, which also depicts Putin, during the city’s annual May Day march. Despite the fact the march itself was legal, the picture had not been vetted by the police. As Mikhaylova admits, she was completely surprised when she was detained, since she has a poor sense of the line between what is acceptable and what is forbidden.

The Kremlin is likely to use the new laws to crack down on its most audacious critics.

varyaVarya Mikhaylova (center, with megaphone), carrying {rodina}’s 9 Stages of the Supreme Leader’s Decomposition as she marched with the Party of the Dead bloc in last year’s May Day demo in Petersburg. Photo by Elena Lukyanova. Courtesy of Novaya Gazeta

_________________________

* Members of the Federation Council are not “chosen by people” in the sense of free and fair elections, but appointed by President Putin via highly stage-managed “elections” in the legislatures and parliaments of the Russian regions they only nominally represent. Aided and abetted by lazy journalists and political spin doctors, the thoroughly non-elected members of the Federation Council, whose only function is to rubber-stamp destructive law bills like the two described in the article, have taken to calling themselves “senators” in recent years, although Russia has no senate or senators. TRR

** I.e., khui (“dick”), pizda (“cunt”), ebat‘ (“fuck”), bliad‘ (“bitch”), all of which are indeed incredibly productive roots in colloquial Russian. TRR

Ivan Ovsyannikov is a member of the Russian Socialist Movement (RSD) and a trade union organizer. Lead photo and translation by the Russian Reader. All other photos featured in the translation were selected by me and were not included in the original article, as published on Eurasianet.

Unionized Independent Russian Truckers Persecuted by Putin Regime

Opponents of Plato Road Tolls System Complain to European Court of Human Rights They Have Been Victims of Political Persecution
Their Organization Was Earlier Ruled a “Foreign Agent”
Anastasia Kornya
Vedomosti
December 26, 2018

The Association of Russian Carriers (OPR), an organization of independent truck drivers  the Russian Justice Ministry placed on its list of “foreign agents” late last year, has filed a complaint with the European Court of Human Rights (EHCR) in Strasbourg, claiming its right to freedom of association had been violated and it had been subjected to political persecution, in violation of Article 11 and Article 18 of the European Convention on Human Rights, as reported by Alexei Glukhov, a lawyer with the Agora International Human Rights Group who represents the OPR in Strasbourg.

The OPR emerged during the campaign for the rights of truckers that kicked off after the Plato road tolls payment system went online in November 2015. The OPR brought together independent truck owners and truck drivers. In June 2017, it announced it was planning to nominate its chair, Andrei Bazhutin, as a candidate for the Russian presidency. Shortly thereafter, the Justice Ministry launched an audit of the OPR, resulting in its being ruled a “foreign agent.” The ministry cited four donations from private individuals in Germany, totaling 3,620 euros, as evidence of “foreign financing.”

In a report on its oversight of the work of “foreign agent” NGOs in 2017, the Justice Ministry claimed the OPR had engaged in “political activity” by “organizing and holding  events calling for the resignation of the Russian federal government.” In June of this year, the Krasnogvardeisky District Court in Petersburg fined the OPR 400,000 rubles [approx. $5,755] for failing to voluntarily [sic] register itself as a “foreign agent.”

The complaint says the OPR has been a nuisance to the Putin regime since the organization has led the campaign against the Plato road tolls payment system, which ultimately benefits businessmen closely allied with the Kremlin. The truckers are certain it was their grassroots activism that caused the authorities to persecute them. The fine leveled against the OPR not only was far in excess of the foreign donations it received but has also financially ruined the organization.

Glukhov points out the ECHR has received several dozen complaints from Russian NGOs labeled “foreign agents” by the Russian government, but the court has not yet ruled on Russia’s “foreign agent” law and its application in practice. However, the court has communicated the facts of the first large group of cases to the Russian authorities, while a second group of cases was nearing completion, meaning that a ruling on complaints filed by Russian “foreign agent” NGOs could be expected next year, argues Glukhov. The OPR’s complaint is part of a third wave of complaints filed in Strasbourg. As they await the court’s ruling, Russian NGOs continue to suffer from the harsh law.

Everyone has the right to complain to the EHCR, but the Russian Justice Ministry begins to work with a complaint [sic] only after the court has communicated its consent to hear the case, says Andrei Fyodorov, head of the office of Russia’s representative to the EHCR.

Lawyer Dmitry Agranovsky says the EHCR has rarely ruled that Article 18 of the European Convention has been violated. Recently, however, in response to a complaint filed by opposition politician Alexei Navalny, the court ruled Russia had violated Article 18. The ruling was a precedent of sorts. Agranovsky has the sense that, before the Navalny case, the court’s Grand Chamber had postponed other cases in which Article 18 had been invoked, but now it had worked out a common set of rules that could be applied in other cases as well. On the other hand, there was a risk Article 18 would be devalued, Agranovsky warns [sic].

______________________

[Three] Years of Plato: How Russian Authorities Forced Truckers to Pay Road Tolls

fullscreen-118c.jpg[Three] years ago, on November 15, 2015, Russian authorities launched the Plato system (“Plato” is an acronym for “payment for a ton” in Russian) to collect tolls from owners of heavy-duty trucks traveling on federal highways. The authorities claimed their goal was to compensate for the damage the trucks caused to roads. It was decided the toll would be applied to owners of trucks weighing over twelve tons. Photo courtesy of Maxim Stulov/Vedomosti and RBC 

fullscreen-12pmThe right to develop and implement Plato was awarded to RT Invest Transport Systems without tendering. The company is owned on a parity basis by Igor Rotenberg and RT Invest, which is 25.01% owned by Rostec and 74.99% owned by Andrei Shipelov’s firm Tsaritsyn Capital LLC. The Russian government agreed to pay Plato’s developer and operator 10.6 billion rubles [approx. $153 million at current exchange rates] annually.  Photo of Igor Rotenberg courtesy of Nikolai Galkin/TASS and RBC 

fullscreen-123u.jpgOpposition politician Alexei Navalny and Anti-Corruption Foundation (FBK) lawyer Ivan Zhdanov asked that the courts declare the government’s agreement with RT Invest Transport Systems null and void. Their lawsuit was rejected first by the Moscow Court of Arbitration, and later by the Russian Constitutional Court. Photo of Alexei Navalny courtesy of Yevgeny Razumny/Vedomosti and RBC 

fullscreen-12do Truckers in forty Russian regions protested against Plato in November 2016. They demanded Plato be turned off, a three-year moratorium imposed on its use, and the system be tested for at least a year. Photo by Yevgeny Yegorov/Vedomosti and RBC

fullscreen-12suWhen Plato was launched in November 2015, truck drivers paid 1.53 rubles a kilometer. Four months later, the authorities planned to double the toll, but after negotiations with truckers they made concessions, reducing the toll increase to 25%. Since April 15, 2017, the authorities have charged trucks 1.91 rubles a kilometer. Photo courtesy of Sergei Nikolayev/Vedomosti and RBC 

fullscreen-12d8However, even the discounted [sic] toll increase did not sit well with all truckers [sic]. On March 27, 2016, the OPR went on what it called an indefinite nationwide strike. Truckers protested the toll increases and demanded fairness and transparency at weight stations. Photo by Yevgeny Razumny/Vedomosti and RBC. [The slogans read, “Down with Plato!!! It’s Rotenberg’s Feeding Trough” and “We’re Against Toll Roads.”

fullscreen-12jxIn October 2017, the government approved a bill increasing fines for nonpayment of Plato tolls from 5,000 rubles to 20,000 rubles. If passed, the law would make it possible to charge drivers for violations that occurred six months earlier. The new rules were set to take effect in 2018. Photo of Dmitry Medvedev courtesy of Dmitry Astakhov/TASS and RBC 

fullscreen-1ghbPlato’s database has registered 921,000 vehicles weighing over twelve tons. According to the Russian Transport Ministry, during its first two years of operation, Plato raised 37 billion rubles for the Federal Roads Fund. In the autumn of 2017, the government selected three projects that would be financed by the monies raised by Plato: a fourth bridge in Novosibirsk and bypasses around the cities of Chusovoy (Perm Territory) and Khabarovsky. Photo courtesy of Georgy Shpikalov/PhotoXPress and RBC

fullscreen-11h3.jpgVehicles that transport people are exempt from Plato tolls, as are emergency vehicles, including vehicles used by firefighters, police, ambulance services, emergency services, and the military traffic police. Vehicles used to transport military equipment are also exempt from the toll. Photo courtesy of Gleb Garanich/Reuters and RBC

 

Petersburg Court Bailiffs Attack Reporter at Network Case Hearing

Mediazona’s Petersburg Correspondent Accused of Disobeying Court Bailiffs
Mediazona
June 19, 2018

David Frenkel, a Mediazona correspondent, has informed us that bailiffs at Petersburg’s Dzerzhinsky District Court have cited him for violating Article 17.3 of the Administrative Code (“failure to comply with the orders of a judge or court bailiff”).

Frenkel attended the custody extension hearing of Penza-Petersburg “terrorism” case suspect Viktor Filinkov. Journalists and the public were not admitted to the courtroom during the hearing and the judge’s ruling. When the hearing was over, and Filinkov was escorted from the courtroom, the public, around forty people, applauded him.

It was then that court clerk Yelena Krasotkina, outraged the public supported the prisoner, ordered the bailiffs to detain Frenkel, who at the time was standing in the corridor and not applauding.

Yekaterina Kosarevskya, a member of the Petersburg Public Monitoring Commission, said she heard Krasotkina say to the bailiffs, “Write somebody up for something.”

One of the bailiffs suggested detaining Frenkel. Ten minutes later, another bailiff threatened to detain Kosarevskaya.

When the bailiffs detained Frenkel, they broke his glasses. They claimed he screamed.

The bailiffs cited him Frenkel for violating Adminstrative Code Article 17.3 Part 2 (“Failure to obey the lawful request of a court bailiff for establishing order in the court and stopping actions violating court rules”).

Frenkel sent a photo of the citation to his Mediazona colleagues: he was unable to read it, since a bailiff, surnamed Vikulov, had broken his glasses. The citation claimed Frenkel “made noise, clapped, shouted, and urged the crowd to take illegal actions.”

Frenkel was then taken to the 78th Police Precinct. The policemen swore when they found out why Frenkel had been brought to the police station. He was released after approximately fifteen minutes.

Viktor Filinkov’s term in remand prison was extended four months, until October 22, 2018.

When Frenkel was escorted from the corridor, it transpired the bailiffs had run out of blank arrest sheets.

Around forty people had gathered before the hearing in the second-floor corridor of the courthouse. They included the parents of Yuli Boyarshinov, another suspect in the Penza-Petersburg “terrorism” case, whose remand to police custody was extended later in the day. No member of the public was able to attend the hearing. Before escorting Filinkov from the holding cell, the guards and bailiffs ordered the public to go down to the first floor. They claimed their request had to do with “safely escorting” their prisoner.

The members of the public were reluctant to leave the second floor. Court clerk Yelena Krasotkina emerged from the office of the Dzerzhinsky District Court’s presiding judge. Krasotkina announced the decision to hold both hearings in closed chambers had been made earlier and ordered the public to leave the courthouse.

View image on TwitterView image on TwitterDavid Frenkel (@merr1k): “I get the sense the brass has taken the Dzerzhinsky District Court to task, and so they are avoiding the use of force. They are swearing and getting mad, but they’re putting up with us. 11: 12 a.m., July 19, 2018.”

The bailiffs placed a bench at the entrance of the corridor to courtroom, forbidding members of the public from going around the bench. Krasotkina reprimanded the bailiffs, complaining , “They’re all still here,” meaning the members of the public. Armed guards in masks escorted Filinkov into the courtroom as this was happening.

Inside the Dzerzhinsky District Court, June 19, 2018. Photo by David Frenkel. Courtesy of Mediazona  

Members of the public and the bailiffs argued with each other. A man who was possibly in charge of the armed guard joined them. He warned the public they would not be admitted to the courtroom to hear the judge’s ruling in the cases of Filinkov and Boyarshinov.

“How is that?” asked a member of the public.

“Well, if the judge permits it, the public gets in. If the judge doesn’t, they don’t,” replied the man.

“How do we find that out?” asked perplexed members of the public.

“When the hearing is over, they’ll come out and tell you,” he concluded.

Krasotkina periodically emerged from the presiding judge’s office, taking a photograph of the members of the public on one such occasion.

Filinkov’s defense counsel, Vitaly Cherkasov, a lawyer with the Agora International Human Rights Group, then emerged from the courtroom, telling the crowd the defense had asked the judge to transfer Filinkov to house arrest.

Finally, after the court had rendered its ruling, Frenkel was detained by the bailiffs.

Armed guards escort Viktor Filinkov at the Dzerzhinsky District Court. Photo by David Frenkel. Courtesy of Mediazona 

This was not the first time a member of the press has been cited for violating Article 17.3 at the Dzerzhinsky District Court. On March 22, 2018, bailiff Ivan Lozovsky cited journalist Sasha Bogino for violating the administrative law. He ordered her to stop “live streaming,” although the Mediazona correspondent was sitting in the courtroom with her laptop open and not filming anything. In late May, a court ordered Bogino to pay a fine of 500 rubles.

Filinkov and Boyarshinov have been in police custody since January of this year. On June 18, 2018, the Dzherzhinsky District court extended the term in custody of the third Petersburg suspect in the Penza-Petersburg “terrorism” case, Igor Shishkin. Another six young men are in police custody in Penza as suspects in the same case.

According to the Russian Federal Security Service (FSB), the members of the alleged “terrorist community” known as “The Network” had planned “to stir up the popular masses in order to destabilize the political circumstances” in Russia on the eve of March’s presidential election and the 2018 FIFA World Cup, which is currently underway. In addition, on June 15, 2018, it transpired that three new charges had been added to the case.

Three of the suspects, who have been charged with violating Article 205.4 of the Russian Criminal Code (“involvement in a terrorist community”), Viktor Filinkov, Ilya Shakursky, and Dmitry Pchelintsev, have claimed they were tortured into confessing after they were detained by FSB field officers. In addition, Alexei Poltavets, an acquaintance of the suspects, has claimed he was tortured into testifying against them.

The Russian Investigative Committee has so far refused to refuse to file abuse of authority charges against any FSB officers. In the case of Ilya Kapustin, who was tortured during his interrogation by the FSB as a witness, the Investigative Committee decided Kapustin’s taser burns were “consistent with injuries caused by skin diseases or insect bites.”

The suspects’ loved ones have formed a Parents Network. In April 2018, the group held a press conference in Moscow.

Translated by the Russian Reader

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What can you do to support the Penza and Petersburg antifascists and anarchists tortured and imprisoned by the FSB?

  • Donate money to the Anarchist Black Cross via PayPal (abc-msk@riseup.net). Make sure to specify that your donation is earmarked for “Rupression.”
  • Spread the word about The Network Case aka the Penza-Petersburg “terrorism” case. You can find more information about the case and in-depth articles translated into English on this website (see below), rupression.com, and openDemocracyRussia.
  • Organize solidarity events where you live to raise money and publicize the plight of the tortured Penza and Petersburg antifascists. Go to the website It’s Going Down to find downloadable, printable posters and flyers. You can also read more about the case there.
  • If you have the time and means to design, produce, and sell solidarity merchandize, please write to rupression@protonmail.com.
  • Write letters and postcards to the prisoners. Letters and postcards must be written in Russian or translated into Russian. You canfind the addresses of the prisoners here.
  • Design a solidarity postcard that can be printed out and used by others to send messages of support to the prisoners. Send your ideas to rupression@protonmail.com.
  • Write letters of support to the prisoners’ loved ones via rupression@protonmail.com.
  • Translate the articles and information at rupression.com and this website into languages other than Russian and English, and publish your translations on social media and your own websites and blogs.
  • If you know someone famous, ask them to record a solidarity video, write an op-ed piece for a mainstream newspaper or write letters to the prisoners.
  • If you know someone who is a print, internet, TV or radio journalist, encourage them to write an article or broadcast a report about the case. Write to rupression@protonmail.com or the email listed on this website, and we will be happy to arrange interviews and provide additional information.
  • It is extremely important this case break into the mainstream media both in Russia and abroad. Despite their apparent brashness, the FSB and their ilk do not like publicity. The more publicity the case receives, the safer our comrades will be in remand prison from violence at the hands of prison stooges and torture at the hands of the FSB, and the more likely the Russian authorities will be to drop the case altogether or release the defendants for time served if the case ever does go to trial.
  • Why? Because the case is a complete frame-up, based on testimony obtained under torture and mental duress. When the complaints filed by the accused reach the European Court of Human Rights in Strasbourg and are reviewed, the Russian government will be forced to pay heavy fines for its cruel mockery of justice.

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If you have not been following the Penza-Petersburg “terrorism” case and other cases involving frame-ups, torture, and violent intimidation by the Russian Federal Security Service (FSB) and other arms of the Russian police state, read and repost the recent articles the Russian Reader has translated and published on these subjects.

The Policemen’s Ball

DSCN6837At €2.50, the official licensed sticker album of the 2018 World Cup is a steal. Russian officials also plan to steal the civil rights of their own citizens during the month-long tournament. Photo by the Russian Reader

Restrictions on Movement and Freedom of Assembly during the 2018 FIFA World Cup
Denis Shedov and Natalya Kovylyayeva
OVD Info
May 25, 2018

Russia welcomes the 2018 FIFA World Cup with Presidential Decree No. 202, which places restrictions on the movements of people and the staging of public rallies in cities hosting the matches. According to the decree, “enhanced safety measures” will be enforced from May 25 until July 25 (although the first match, between Russia and Saudi Arabia, will not be played until June 14). Denis Shedov and Natalya Kovylyayeva studied the decree specially for OVD Info.*

The restrictions will be introduced on May 25, 2018. They will be enforced in the cities and regions hosting 2018 World Cup matches: Moscow, Petersburg, Volgograd Region, Sverdlovsk Region, Nizhny Novgorod Region, Samara Region, Rostov Region, Kaliningrad Region, Krasnodar Territory, the Republic of Tatarstan, and the Republic of Mordovia.  Additionally, the decree also applies to certain neighboring regions where, in particular,  competing teams will be accommodated: Moscow Region, Leningrad Region, Kaluga Region, Voronezh Region, Stavropol Territory, and the Republic of Chechnya.

It is worth noting Decree No. 202 applies absolutely to everyone who is located in the regions listed during the period the decree is in force. In this light, OVD Info felt it was vital to discuss these changes.

Monitored and Restricted Areas
The decree introduces “monitored and restricted areas,” which will either be entirely off limits to people or will have restricted access. These areas include training grounds (including at other stadiums), team headquarters, hotels where teams and referees are staying, cargo inspection points, the broadcast center at Crocus Expo in Moscow, fan festival venues, press centers, and parking lots for special transport. You will be able to enter these “monitored areas” only after security guards have conducted a thorough inspection of all your belongings.

In addition, there will be special pedestrian security zones, so-called last miles, consisting of areas of one to two kilometers in radius around the stadiums where the matches will be held. Aside from World Cup transport, only residents of nearby buildings, equipped with special passes, will have access to these zones. To obtain the passes you need your internal passport and the papers for your car and your flat. Information about these zones has been posted on the official municipal websites of the cities hosting matches and published in local periodicals.

  • During the 2014 Winter Olympics in Sochi, the city was off limits to cars from other cities, i.e., cars not registered in Sochi, with the exception of vehicles owned by the secret services and vehicles that had received accreditation as municipal maintenance and 2014 Winter Olympics support vehicles. Vehicles registered in Sochi were restricted from traveling in “monitored areas.” 

Mandatory Registration for Everyone
Upon arrival in a city, you must register with the local immigration authorities within three days. This rules applies to everyone except those who are registered to live permanently in the particular city. Additionally, special rules for registering domiciles and temporary stays will be introduced in the cities where World Cup matches are scheduled.

Russian nationals and foreign nationals must register with the police within 72 hours of arriving. Usually, during “normal” times, Russian nationals have the right to spend up to 90 days in another Russian region without registering, while foreign nationals have seven days to register. Decree No. 202 specifies that the party hosting the visitor, i.e., the hotel, spa, holiday home, etc., must notify the proper authorities of the arrival of foreign nationals within 24 hours, as stipulated by Russian federal law.

Immigration authorities in the regions mentioned in the decree will be open for business daily during the World Cup, including weekends and holidays. There are several ways of registering your stay in another city:

  • Submitting an application to the management of the hotel, hostel, camping ground or youth hostel where you are staying, or the management company, proprietor or landlord, if you are staying in a private flat.
  • Reporting to the local immigration authorities yourself.

Foreign nationals must personally present their papers to the regional office of the Interior Ministry (i.e., the police) or a multi-service center, or their official hosts must do it for them. It is forbidden to register via the post office or a government services website.

Arriving foreign nationals are obliged to provide notification of their arrival, a copy of their identity card (e.g., passport or either ID), a copy of their Russian visa, and a copy of their migration card. This rule applies to all foreign nationals, regardless of their nationality and status in Russia. If the host party is a legal entity, this organization must supply the authorities with a complete set of documents.

Private individuals who act as hosts need only present their Russian internal passports, proving they are permanent residents, a copy of their passports, and a copy of their ownership deed to the dwellings where they will house foreign nationals.

If these rules are violated, Russian nationals will be obliged to pay an administrative fine. In Moscow and Petersburg, the fine will range from three to five thousand rubles, while in the regions it will range from two to three thousand rubles. Foreign nationals who violate these rules can be expelled from Russia.

Restrictions on Freedom of Assembly
According to the decree, from May 25 to July 25, 2018, assemblies, rallies, demonstrations, marches, and pickets that have nothing to do with the 2018 FIFA World Cup can be held only in places, along routes, and at times approved by the authorities. The authorities can also determine the number of attendees and the duration of the event.

Decree No. 202 was first enforced during last year’s Confederations Cup, also hosted by Russia. A large number of activists involved in group protests and solo pickets were apprehended at that time. Some of the people detained during solo pickets were subjected to “explanatory discussions” by the police, while others were written up for violating the rules for holding public events and fined as much as 20,000 rubles.

  • In May 2017, five activists from the local headquarters of opposition leader Alexei Navalny were detained for setting up a campaign booth on the main square in Kazan. Law enforcement said the action had not been authorized by the authorities. All the detainees were sentenced to ten to twelve days in jail, as well as 35 hours of community service.
  • During the Navalny-inspired anti-corruption rallies that took place in a number of cities on June 12, 2017, including Petersburg, Moscow, and Sochi, police detained protesters on the basis of Paragraph 11 of the decree, as paraphrased above. Although in Krasnodar, where the rally against corruption had been authorized, no one was apprehended, despite the special security regime.
  • During the protest rally “Farewell to the Communications Ministry,” in Moscow in June 2017, a teenager was detained when he tried to leave flowers outside the ministry due to restrictions on freedom of speech in Russia, including the possible blockage of the Telegram messenger service. The arresting officer cited the presidential decree restricting rallies during the Confederations Cup and the 2018 World Cup when he detained the boy. The teenager was taken into a police station for questioning before being released.
  • In mid-June 2017, fifteen people holding solo pickets against Moscow’s massive “renovation” program were detained outside the entrance to the State Duma.
  • Several activists who held solo pickets in support of mathematician Dmitry Bogatov and demanded an end to the prosecution of nationalist Dmitry Demushkin were detained on June 24, 2017, in Moscow.
  • Solidarity Party activist Mikhail Lashkevich was detained on July 4, 2017, while holding a solo picket demanding the people behind opposition leader Boris Nemtsov’s assassination be found. The police admitted he had a right to carry out a solo picket and released him from Basmanny Police Precinct in Moscow without writing him up. Subsequently, Roman Petrishchev, another Solidarity Party activist, was detained for a solo picket.
  • In early July 2017, five activists of Protest Moscow were detained in different parts of the city while they held solo pickets against censorship. All of them were charged with violating the rules for holding public events, punishable under Article 20.2 Part 5 of the Administrative Offenses Code.
  • On July 5, 2017, the well-known democracy activist Ildar Dadin was detained during a solo picket outside FSB headquarters in Moscow, since his protest had not been authorized by law enforcement. On July 7, 2017, the Meshchansky District Court found him guilty of violating the “rules of solo pickets” and fined him 20,000 rubles.

In May 2017, Alexander Pomazuyev, a lawyer with Navalny’s Anti-Corruption Foundation (FBK) asked that Paragraph 11 of the decree be declared null and void in a suit he filed with the Russian Supreme Court. Pomazuyev claimed he had been denied the right to hold a solo picket. He also argued the presidential decree infringed on civil liberties guaranteed by the Russian Constitution, including the right to free speech and freedom of assembly. The court threw out Pomazuyev’s suit, thus rubber-stamping the restrictions on rallies and pickets during the Confederations Cup and the 2018 FIFA World Cup.

In February 2018, organizers of the Boris Nemtsov Memorial March in Nizhny Novgorod wrote an open letter to FIFA president Gianni Infantino asking him to protect freedom of assembly in Russia in the run-up to the World Cup. The football functionary did not react to the letter, apparently.

“Although the decree restricts certain rights only from May 25 to July 25, 2018, even the smallest pickets have been turned down by the authorities on the grounds of the terrorist threat,” the march organizers wrote on their Facebook page.

Commentary by Lawyer and Human Rights Activist Alexander Peredruk
Yes, Presidential Decree No. 202, dated May 9, 2017, definitely violates people’s constitutionally guaranteed rights to freedom of assembly in Russia.

If you want to hold a public rally from May 25 to July 25, 2018, at a venue of your choosing, there is no guarantee you will pull it off. The authorities could turn you down on the grounds the venue you have chosen was not vetted by the Interior Ministry and the FSB. 

As last year showed, when several applications to hold rallies were filed simultaneously, the authorities would reject all the applications. However, when the applications were filed, the authorities had not yet determined what venues could be used. They drew up a list of permissible venues only after looking over the first applications. It was thus a “complete coincidence” that the venues indicated in the applications that were submitted to the local authorities were not on the list of permissible venues. 

In other words, the rejections were perfunctory and practically groundless. The authorities were not interested in conducting a proportionality test, in striking a balance between public and private interests.

In addition, questions are raised about the legitimacy of the division between public sporting events, which are permitted during this period, and public political events, which are virtually banned. Russian citizens are thus subject to discrimination.

During the 2014 Winter Olympics in Sochi, a local man, David Hakim, was detained while holding a solo picket in defense of the convicted environmentalist Yevgeny Vitishko. (Hakim was jailed for four days for his “crime.”) Agora used his case to challenge the president’s Olympic decree in the Russian Constitutional Court. However, the court refused to examine whether the decree complied with the Constitution, since it had expired by the time the complaint was examined. 

* If you are worried about how Presidential Decree No. 202 will affect foreign fans traveling to Russia for the World Cup, you shouldn’t be. They are required to purchase special “fan IDs” that will exempt them from most if not all of the decree’s strictures. // TRR

Denis Shedov is a lawyer with the Memorial Human Rights Center in Moscow. Natalya Kovylyayeva is a journalist. Translated by the Russian Reader