The Network Trials: Pinning the “Code” on the Defendants

filinkov-boyarshinovPetersburg Network Trial Defendants Viktor Filinkov and Yuli Boyarshinov. Photo by Alexander Koryakov. Courtesy of Kommersant

Prosecution Tries to Pin “Code” on Network Defendants
Anna Pushkarskaya
Kommersant
May 21, 2019

The Volga District Military Court rejected the defense’s motion to send the Penza segment of the so-called Network case back to prosecutors. The prosecution has alleged the defendants established the Network (an organization now officially banned in the Russian Federation), a “terrorist community” of anarchists, in order to overthrow the regime.

Today in Penza the prosecution will begin presenting its case against the seven defendants.

This stage of the trial has been completed in Petersburg, where Viktor Filinkov and Yuli Boyarshinov are on trial for their alleged involvement in the community. Their defense attorneys have moved to disallow key pieces of evidence in the prosecution’s case and summon Penza FSB investigator Valery Tokarev and Petersburg FSB field officer Konstantin Bondarev to the stand. The two FSB officers have been accused by the defendants of torturing them with electrical shocks. The Moscow District Military Court, which is hearing the case in Petersburg, postponed its consideration of these motions until June 4.

The trial in Penza began later than the trial in Petersburg. During the second hearing in Penza, on May 15, after the indictment was read aloud, the defense moved to send the case back to the prosecutor’s office for further investigation. It argued the case had been carelessly patched together, and some of the evidence had been obtained under pain of torture. It was nearly impossible to mount a coherent defense against such an “absurd, vague, and inconsistent” indictment, they said.

Prosecutor Sergei Semerenko argued the trial should proceed, although he refused to rule out the possibility the indictment would ultimately be withdrawn and resubmitted on less serious charges.

The judges reacted to this turn of event unexpectedly. They withdrew to chambers and never returned to the courtroom. A court clerk eventually told the lawyers, waiting for a ruling on their motion, the hearing was adjourned, after which armed guards led the defendants away.

The next day it transpired the trial would resume on May 21.

In the Penza trial, Dmitry Pchelintsev and Ilya Shakursky have been charged with running the Network terrorist community. They face twenty years in prison if convicted. Arman Sagynbayev, Vasily Kuksov, Andrei Chernov, Mikhail Kulkov, and Maxim Ivankin have been charged with involvement in the alleged community. They face ten years in prison if convicted.

A number of the defendants have also been indicted on other charges, including weapons possession and drug trafficking.

In Petersburg, Viktor Filinkov and Yuli Boyarshinov also face charges of involvement in the alleged community. Boyarshinov has also been charged with possession of gunpowder.

Filinkov has claimed he was tortured and denies his guilt. Boyarshinov has complained of torture-like conditions in remand prison but has confessed his guilt.

The subject of torture also came during when a witness in the trial, Igor Shishkin, was questioned. Mr. Shishkin has already been convicted on charges of involvement with the alleged Network as part of a plea agreement with investigators. Members of the Petersburg Public Monitoring Commission found the most serious injuries on his body after he was initially detained and questioned by the FSB in January 2018.

When Mr. Shishkin was asked whether unacceptably violent methods had been used on him and whether had testified voluntarily, he smiled and replied, “The military investigator carried out a brilliant investigation: nothing of the sort was found.”

The Moscow Military District Court finished its examination of the evidence in Petersburg on May 17 after holding a video conference with witnesses in Penza, including the defendants on trial there. All the witnesses testified they had not seen Viktor Filinkov at training sessions in the woods.

However, Mr. Pchelinitsev and Mr. Sagynbayev testified they had not been questioned about the Petersburg case. The transcript of this interrogation had been copied from testimony they gave to FSB investigator Valery Tokarev in Penza while they were tortured. They later withdrew their testimony.

Mr. Filinkov, who worked as a programmer before his arrest, also claimed investigators had falsely interpreted physical evidence seized during searches and reached the wrong conclusions during their investigation.

In particular, he claimed he had not “zigzagged” around Petersburg on the day before his arrest before discarding the hard drives FSB field agents later found in a trash bin. The images and photos on the drives, which had been entered into evidence, were of the kind one would find in the possession of any punk. They had been produced by his wife Alexandra Askyonova as a teenager.

Ms. Aksyonova was granted political asylum in Finland last week.

Mr. Filinkov made a point of noting that Petersburg field officer Konstantin Bondarev, who had compiled the case file on him, should be charged with torture.

Ultimately, the court agreed to summon Mr. Tokarev and Mr. Bondarev to the witness stand, but so far they have failed to appear at the hearings.

The key evidence of the alleged anarchist community’s terrorist inclinations are two documents, seized from two of the Penza defendants: the so-called Code, which outlines the Network’s alleged goals and organizational structure, and the minutes of an interregional “congress” held in a Petersburg flat in 2017, featuring responses from the movement’s alleged cells to socio-political issues.

The FSB has claimed the cells were armed units. The minutes contain neither the names nor the pseudonyms of the respondents.

When Vladimir Putin discussed the Network case with the Presidential Human Rights Council, he referred to a report drafted for him; the report claimed that “founding and programmatic documents had been seized from the terrorist community.”

However, the defendants and witnesses have denied the existence of the documents, claiming they only held discussions during their meetings but did not ratify or sign documents.

Mr. Shishkin, who made a plea agreement with investigators, corroborated this.

Prosecutor Ekaterina Kachurina asked him, “Why did you become interested in anarchist ideology?”

“And why did you become a prosecutor?” he replied, explaining anarchism was interesting to him.

Mr. Pchelintsev said there had been no “congress,” only “a seminar by consensus.”

Vitaly Cherkasov, Mr. Filinikov’s defense attorney, said in court there was every reason to believe “an unlimited number of Petersburg and Penza FSB officials had illegal access over a lengthy period of time” to the hard drive and laptop on which the files containing the “Code” and the “Minutes” had, allegedly, been discovered, due to improprieties in the secure storage and unsealing of the physical evidence.

Mr. Boyarshinov’s assistant defense attorney, Olga Krivonos, moved to have the court declare the documents inadmissible as evidence, along with the FSB’s linguistic forensic investigation, which concluded the “Code” was a “set of instructions outlining the basic organizational principles of a network of combat units capable of resisting the current powers that be.”

The court has adjourned until June 4.

Translated by the Russian Reader. You can read more about the Network case and stories related to the case here.

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Network Trial Begins in Petersburg

filinkov and boyarshinov-komm.jpgNetwork case defendants Viktor Filinkov and Yuli Boyarshinov in the cage at court yesterday. Filinkov (left) wears a sweatshirt emblazoned with the slogan, “Your taser can’t kill our ideas.” Photo by Alexander Koryakov. Courtesy of Kommersant

The Defendants Were Assigned Roles: Network Trial Gets Underway in Petersburg
Anna Pushkarskaya
Kommersant
April 9, 2019

The court trial in the case of the “anarchist terrorist community” Network got underway in St. Petersburg. Viktor Filinkov, a 24-year-old programmer, and Yuli Boyarshinov, a 27-year-old industrial climber, have been charged with involvement in Network. Federation Council member Lyudmila Narusova, who attended the hearing, pointed out the “ability to throw grenades,” which the prosecution included in the evidence against the defendants, was taught officially to members of the patriotic youth movement Yunarmiya.

“This case has nothing to do with the rule of law,” Narusova noted.

Filinkov and Boyarshinov’s case is being tried in St. Petersburg by the Moscow District Military Court. In January, the same court sentenced Igor Shishkin, who made a deal with case investigators, to three and a half years in prison. Subsequently, the FSB placed Network on the Russian federal list of banned organizations.

The courtroom could not accommodate everyone who wanted to attended the trial. Narusova and ex-State Duma member and civil rights activist Yuli Rybakov were in the gallery.

The defendants were applauded by the gallery as armed guards led them into the courtroom.

During the investigation, Filinkov and three young men in Penza also charged in the case publicly stated they had been tortured with electrical shocks. Boyarshinov claimed conditions in the remand prison were tantamount to torture. Both men have filed complaints with the European Court of Human Rights (ECHR) in Strasbourg.

Lawyer Vitaly Cherkasov motioned the court to let his defendant, Filinkov, sit beside him during the hearing, rather than in the cage, since he had no criminal record or history of conflicts with the law.

The presence in the courtroom of riot police, regular police, and court bailiffs, as well as Cherkasov’s mention of international norms, how things were done at the EHCR, and Prime Minister Dmitry Medvedev’s order to his underlings to explore options for banning the use of the cage in Russian courtrooms made no impression on the court. Both defendants were kept in the cage for the entire hearing.

According to the indictment, the so-called anarchist terrorist community was established no later than May 2015 by Dmitry Pchelintsev (who was arrested in Penza) and an unidentified person. They recruited the seven defendants in the case who have been investigated by the FSB’s Penza office. After cementing the group, they are alleged to have “assigned roles among themselves and explored ways of committing crimes” in order to overthrow the regime. According to the prosecution, to accomplish this objective, they planned on “establishing combat groups and recruiting individuals who shared their anarchist ideology.”

The FSB’s Petersburg office has claimed the defendants were among these recruits. Filinkov has been accused of volunteering to be the group’s “radioman,” while Boyarshinov was, allegedly, their “sapper.”

After the indictment had been read, Judge Roman Muranov asked the defendants whether they understood it.

“No,” Filinkov replied.

The prosecution claims Filinkov promised to “familiarize himself with the community’s charter, employ a pseudonym, data encryption software,  and conspiratorial methods, and acquire and improve [his] combat skills.”

In addition, Filinkov was supposed to have “supplied members with communications devices,” taught them encryption, “recruited other individuals, discussed and planned crimes during meetings, attended classes on tactics, reconnaissance, sabotage, and combat, and the use of weapons and explosive devices, and acquired the knowledge necessary in extreme circumstances and combat conditions.”

“When the time came to shift to active operations for accomplishing the objective part of the crimes [sic],” Filinkov, allegedly, agreed to “mobilize and be ready to achieve the terrorist community’s objectives.”

“I don’t understand the source of these letters, nor how the indictment could be a fiction, rather than something emerging from the evidence,” said Filinkov.

After hearing similar charges made against him, Boyarshinkov said he admitted his guilt and was willing to testify before the examination of evidence.

After the hearing, MP Narusova said the incidents of combat training, as described in the indictment, had nothing to do with the law.

“The Yunarmiya officially engages in combat training under the patronage of Defense Minister Sergei Shoigu. Children are taught to throw grenades, and they learn combat tactics. Ask Shoigu why the entire Yunarmiya is busy learning combat skills?” Narusova wondered.

“A fellow Federation Council member recently said children should be able to throw grenades,” Narusova continued.

She referred to a recent statement by Federation Council member Viktor Bondarev, who had proposed reinstating basic combat training in Russian schools. He claimed to be outraged children did not know how to throw grenades and were afraid of machine guns.

Ms. Narusova said she was drafting a law bill that would criminalize torture. She also said planned to get to the bottom of the Network case.

“This case has nothing to do with the rule of law,” Narusova noted.

In their testimony, the defendants insisted they were learning the alleged skills as a matter of self-defense, given the numbers of antifascists murdered in different parts of Russia in recent years.

In particular, Filinkov mentioned the murders of Timur Kacharava, Stanislav Markelov, and Anastasia Baburova. He reported that, during his studies at Omsk University, he and his friends had been attacked by “right-wing radicals, neo-Nazis, and fascists,” including provocateurs who, he alleged, had ties with law enforcement agencies.

According to Filinkov, the assailants in these clashes had been armed with “blades and stun guns.”

After the investigation was completed, the headmaster of the school Filinkov attended submitted a glowing letter of recommendation. The letter claims the defendant had always shown respect for the law, and was friendly, conscientious, and responsible. He had been an excellent student and won a prize at an academic astronomy competition at Baikonur.

Kommersant will be following the trial’s progress.

Translated by the Russian Reader

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What can you do to support the Penza and Petersburg antifascists and anarchists who have been tortured and imprisoned by the Russian Federal Security Service (FSB)?

  • Donate money to the Anarchist Black Cross via PayPal (abc-msk@riseup.net). Make sure to specify 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 printable posters and flyers you can download. You can also read more about the case there.
  • If you have the time and means to design, produce, and sell solidarity merchandise, 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 can find the addresses of the prisoners here.
  • Design a solidarity postcard that can be printed 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 examined by actual judges, the Russian government will again 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 recent cases involving frame-ups, torture, and violent intimidation by the Russian Federal Security Service (FSB) and other arms of the Russian security state, read and share the articles the Russian Reader has posted on these subjects.

Monetizing Russia’s Migration Maze?

DSCN5633.jpg“Help is like hell, only it’s help.”

Punishment Minus Expulsion
Interior Ministry Develops Individual Approach to Migrant Workers
Anna Pushkarskaya
Kommersant
April 27, 2018

The Russian Interior Ministry has published draft amendments to the Administrative Offenses Code that would permit judges not to expel people from Russia who violated immigration regulations by allow them to take into account mitigating circumstances and substitute monetary fines for expulsion. The individual approach has already been enshrined in several articles of the Administrative Offenses Code by decision of the Russian Constitutional Court, but the police are willing to make it the “general rule for the assignment of administrative penalties.” Meanwhile, the Russian Justice Ministry has reported to the Council of Europe on measures it has taken in response to the complaints of stateless persons, although the rulings of the European Court of Human Rights (EHCR) and the Russian Constitutional Court on these cases have not yet been implemented, experts have noted.

The draft amendments to the Administrative Offenses Code, which would give judges the ability to replace administrative punishment with less harsh penalties, depending on the specific circumstances of the case, have been posted by the Interior Ministry for public discussion until May 4. The police drafted them on the basis of a February 17, 2016, ruling by the Constitutional Court. The ruling was rendered in the case of Moldovan national Mihai Țurcan, who was expelled from Russia for failing to notify the Federal Migration Service he was registered in Moscow Region. (This requirement is stipulated by Article 18.8 Part 3 of the Administrative Offenses Code, and it also applies to stays in Moscow, St. Petersburg, and Leningrad Region.)

Expulsion entails a five-year ban on entering the Russian Federation and reapplying for a residence permit. Courts did not consider the complainant’s work experience and payment of taxes as grounds for mitigating his punishment. The Constitutional Court ruled that these immigration regulations were unconstitutional and obliged legislators to individualize penalties for single violations of the controversial regulation by taking into account the length of an alien’s stay in the country, whether or not s/he has family in Russia, payment of taxes, and law-abiding behavior. Since December 2016, Article 18.8 Part 3 has allowed authorities to avoid explusion except in cases in which the documents confirming the alien’s right to stay have been lost or are lacking. In April 2017, the Constitutional Court’s approach was enshrined in the “General Rules for the Assignment of Administrative Penalties” (Article 4.1 of the Administrative Offenses Code), which deals with violations at official sporting events, for which foreign fans can get off, under mitigating circumstances, with a fine of 40,000 to 50,000 rubles and a ban on visiting stadiums for a period of one to seven years.

In October 2017, First Deputy Prime Minister Igor Shuvalov instructed authorities to extend the approach to all cases of compulsory explusion. If the court concludes that expulsion is an excessive stricture on the right to a private life and is disproportionate to the objectives of administrative penalties, it can be substituted by a fine of 40,000 to 50,000 rubles [approx. 530 euros to 660 euros]. Courts may already opt not to order expulsion in accordance with the clarifications issued by the Russian Supreme Court and Russian Constitutional Court, but now the factors courts should take into account are supposed to be incorporated in the wording of the law, noted lawyer Sergei Golubok. Lawyer Olga Tseitlina told Kommersant the draft amendments are quite important, because courts have, in practice, ignored marital status and other vital circumstances.

At the same time, the Russian Justice Ministry has sent a letter to the Council of Europe’s Committee of Ministers, asking it to recognize that the EHCR’s rulings on complaints filed by stateless persons have been implemented. The virtually indefinite detention of complainants in special Russian Interior Ministry facilities on the basis of rulings by Russian courts and the conditions of their detention in custody were ruled violations of the European Convention on Human Rights. The Justice Ministry reported that compensation had been paid to the complainants. They are now no longer subject to expulsion and deportation, and can “fix their migration status.” Moreover, the State Duma has passed, in their first reading, the admendments to the Administrative Offenses Code drafted by the Interior Ministry to settle the problem, the Justice Ministry reported four years after the ECHR issued its ruling. The Justice Ministry referred to the Constitutional Court’s ruling in the Mskhiladze case. In May 2017, the court also ordered that the Administrative Offenses Code be amended.

The ruling has not been implemented, noted Golubok and Tseitlin, who represented Mr. Mskhiladze. The ECHR’s decision in the case of another of Tseitlina’s clients, Roman Kim, has not been implemented, either, she told Kommersant.

“He has no legal status and de facto cannot apply for [Russian] citizenship or a [Russian] residence permit, since he cannot expunge his conviction due to his unemployment, but he is unemployed because legally no one can hire him,” said Tseitlina.

She stressed the general measures required by the ECHR and the Constitutional Court have not been implemented, either, since no changes have been made to Russian federal laws.

Thanks to anatrrra for the heads-up. Translation and photo by the Russian Reader