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

(disseminating information containing hidden insertions affecting the subconscious human mind)

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Yakutsk Reporter Fined for Violating Law on Freedom of Mass Information
OVD Info
July 25, 2019

The Yakutsk City Court has fined journalist Mikhail Romanov 30,000 rubles for violating Article 13.15.9 of the Administrative Offenses Code (abusing freedom of mass information), Interfax reports.

Earlier, it was reported a beat cop had charged Romanov with violating Article 13.15.1 of the Administrative Offenses Code (disseminating information containing hidden insertions affecting the subconscious human mind)

Administrative charges were filed against Yakutsk vechernii (The Evening Yakutsk) reporter Mikhail Romanov after he published an article in April about Yakutsk libertarian Anton Ammosov. Romanov’s article detailed how Ammosov, a former employee of the Northeast Federal University, was beaten by FSB officers, threatened with torture, and had his home searched for posting comments about the Network case and the suicide bombing at the FSB’s offices in Arkhangelsk.

OVD Info has published Ammosov’s story.

Romanov told OVD Info about his interrogation at a police station on July 4. He noted then that the charges against him had been filed at the FSB’s behest.

Earlier, Ammosov recounted that, in November 2018, he was suddenly detained and taken to the local FSB headquarters, where he was beaten, threatened with torture by electric shock, and interrogated after he posted comments on the website ykt.ru.

In January 2019, Ammosov learned that he had been fired from his job. After reports of Ammosov’s persecution were published, an FSB field officer who had interrogated him hinted there would be consequences for this.

Image courtesy of ResearchGate. Translated by the Russian Reader

“Lie Still, Bitch!”

ammosov-1Anton Ammosov. Courtesy of OVD Info

Beaten, Sacked and Threatened with Torture: The Story of a Man Detained for Posting Comments about the FSB
OVD Info
April 24, 2019

In November 2018, libertarian Anton Ammosov was detained in Yakutsk by FSB officers. The officers beat him in their car and threatened to torture him. Then his home was searched, he was sacked from his job, and his home was searched a second time. Ammosov had warranted this treatment only because he had commented on news stories about the Network case and the suicide bombing at FSB headquarters in Arkhangelsk in October 2018. Ammosov told OVD Info about what happened to him and how his life changed with the FSB’s advent.

I was then still employed as a systems administrator at the Ammosov Northeastern Federal University. My boss telephoned me on the evening of November 20, 2018. He told me I had to go to the personnel department at eight the following morning and bring my [internal] passport with me. I was really surprised, because the personnel department opened at nine. But my boss insisted I had to be there by eight and the matter was urgent.

The next day I arrived at the university at the scheduled time. I was seen by the deputy head of the personnel department. I wondered why he was personally handling the matter. He took my passport and left the office for five minutes. He said he had to make photocopies. He told me some rubbish about problems with the database. I realized he was doing what the FSB told him to do. I heard him talking to someone on the phone, but I did not put two and two together. I spent ten to fifteen minutes in the personnel department.

I went outside, planning to walk to the building where I worked. I had walked only a few meters when I heard a van’s side door opening. Armed, masked men threw me down on the snow.

“Lie still, bitch!” they screamed.

They beat me, cuffed my hands behind my back, and pulled my cap down to my nose. I could not see a thing. I was dragged into the van, which immediately took off.

I was placed in the front row of seats with my knees on the floor. My scarf and the cap pulled down over my face suffocated me. I was beaten on the back, kidneys, and buttocks. I was hit in the head several times, but when I screamed I was officially disabled and had glaucoma, they stopped hitting me in the head.

When I asked why I had been detained, the masked men responded by beating me harder. One of them either sat on my back or pressed it with his knee. He twisted my fingers, trying to unblock my phone, but there was no fingerprint sensor on my smartphone. The man twisted my little fingers. He said he would break them if I did not tell him the password to my telephone. Then he said they would take me straight to the right place for such things and torture me with electrical shocks by hooking me up to a generator. One of the FSB guys quoted what I had written in the comments section of the regional news website ykt.ru.

I had written there that FSB officers were cooking up criminal cases and torturing people with generators. I had written about the Network case. I wrote about the young man who had blown himself up in Arkhangelsk. There was also a news item about the FSB’s having detained someone for a post on the social network VK, and I had published an unflattering comment about them.

We drove for twenty minutes. They beat me the entire way, threatening to torture me with electrical shocks.

ammosov-2FSB headquarters in Yakutsk. Courtesy of Google Maps and OVD Info

The car stopped. They pulled me roughly to my feet and dragged me somewhere. Along the way, they constantly dropped me on the marble floor. I hit my knees on the floor several times. They also made a point of slamming my whole body against door jambs and columns. They joked about how clumsy they were. Every time they dropped me on the floor they told me to get up. When I was unable to get up on my own, they would jerk me to my feet by pulling me up by both arms. The handcuffs dug into my wrists.

I was taken into a room. I could see only the floor and my feet: the caps was pulled over my face the whole time. They stood me beside the wall while they rifled my backpack. They took the cap off and asked about the medications in my backpack. It was then I saw them: five men in sand-colored uniforms and balaclavas. They were strapping and tall, with blue eyes, meaning they were not locals. Apparently, locals are not hired by the FSB in the ethnic republics.

I was asked about the medicine before they pulled the cap back over my eyes. They said they were going to eat meat and when they returned, they would torture by shocking me using a generator. I was really afraid. I did not understand what was happening. I had not yet been told why I was detained.

An FSB field officer wearing no mask came in a while later. I gathered he was an investigator. He asked me about the password to my phone. I was standing next to the wall, the cap pulled over my eyes. I said nothing. I refused to speak to him. He said he would call in the boys in masks. They would “do their number” on me and I would talk whether I wanted or not. It was thus in my interests to give him the password; otherwise, I would  be tortured badly. I cracked and told him the password. The field officer was happy.

My hat was removed and I was sat down in a chair.

“What is happening? Why have you detained me?” I asked him.

“You know why,” the field officer replied. He said they had been watching me for a long time. They had a case file on me. He was glad to meet me in person.

I found out why I had been detained only a few hours earlier.

A major entered the office. He said someone had posted a picture containing threats against the FSB in the comments section of the website ykt.ru. They thought I had done it. I replied I had not done it. There were 20,000 students and 6,000 staff member at the university, and they all had the same IP address. I got the impression the major did not understood much about this stuff. He said the FSB surveilled WhatsApp and Telegram and read everything.

Interrogation
When they unblocked my phone, they asked me what I thought about anarchism, whether I knew Mikhail Zhlobitsky, what I thought about him, and what my political views were. They asked about Telegram and what I had been doing on the chat group Rebel Talk, whether I had been looking for allies there. They asked me what I thought about Putin, Russia, and Navalny.

I had joined the chat group out of curiosity for a day or two. I had learned about it in the news reports about the bombing in Arkhangelsk. I was on it for a while, wrote a bit, left the group, and forgot about. I did not write anything worth mentioning in the chat group.

During the interrogation. I realized I was on lists of theirs. I could have got on the lists due to the speech I gave at an anti-corruption rally in Yakutsk in June 2017.

I was in the FSB office for around eight hours. It was a room three meters by four meters, and it was not heated. I was handcuffed to the chair. I was not provided with legal counsel.

They threatened to shoot me, saying traitors like me should be executed. They were surprised by my ethnicity. They said I was the first Yakut they had detained on such charges. They threatened to leave me in the FSB’s remand prison. The field officer told me he had murdered many people. He asked me to give him an excuse to beat the crap out of me or cripple me.

ammosov-3Remand Prison No. 1 in Yakutia. FSB officers threatened to send Anton Ammosov there. Courtesy of Google Maps and OVD Info 

The masked mem threatened me when they did not like my answers to questions. They had to tell me what they wanted to hear from me. They told me my home would be searched. They would be looking for a bomb or part for making a bomb.

At around five in the evening, I was taken to another office, which had windows. I realized it was evening, because it was dark outside. The state-provided attorney came. I told him I had been beaten and threatened. He could not have cared less. He made no mention of my complaints in the papers that were drawn up. He signed them and left.

I spent approximately twelve hours at FSB headquarters, until nine in the evening. I was not fed, given anything to drink or allowed to make a phone call the entire time.  My wife had no idea what had become of me.

My wife thought I had been hit by a car or died. She called all the morgues. All my relatives searched for me, because I had never disappeared before. My wife was getting ready to go to the police when the FSB agents brought me home. My wife wept when she saw us.

They showed us a document claiming the search was conducted due to my comments on the website. They did not let us photograph the search warrant, which had been issued by a court only at five in the afternoon te same day, meaning after they detained me.

The search took two hours. They confiscated two desktop computers, my work laptop, flash drives, hard drives, a router, and telephones. They told me to buy a new telephone and SIM card right away and report to FSB headquarters at one o’clock the next day.

I was told they wanted to charge me with vindicating terrorism because I had written “Well done, kid” under a news report about the bombing in Arkhangelsk.

They found out about the comment because of what I told them during the interrogation. I had thought the whole affair had kicked off due to the remark, but it later transpired they did not know about it.

My posts on Telegram and comments to news reports were sent off for a forensic examination by linguists.

I fell asleep that day only towards morning. I did not eat at all for the next three days: I had no appetite. I went to FSB headquarters as if I were going to work. I was summoned nearly every day.

They asked me again about my political views and what anarchism was. I replied I did not support anarchism. I identified myself as a libertarian, but not a radical one. I believed the state was a necessity, but not a state like the one we had in Russia.

I was also asked about Navalny. I said I supported him.

The Beating
Because I was summoned to the FSB, I was not able to have my injuries from the beating medically certified. I made it to the emergency room only on November 23. The medics refused to document my injuries when I told him FSB officers had beaten me. They kicked me out of the emergency room, telling me they did not need any trouble. They suggested I go to the medical examiner’s office.

When I came to the medical examiner’s office, they initially agreed to document my injuries, but when they found out who had injured me, they kicked me out of the surgery and demanded a reference from the Russian Investigative Committee.

The lawyer whom my mom helped me find after what happened at the FSB suggested I go to an outpatient clinic and have my injuries documented there, but without telling them who injured me. Otherwise, they would turn me down, too. That was just what I did.

The GP, a woman, documented I had been beaten all over, suffering soft-tissue bruises on the back, the buttocks, and both knee joints. It was not certain whether my kidneys had been injured. An eye doctor prescribed drops. In the summer of 2018, I had glaucoma implant surgery. After I was beaten in the van, not allowed to put drops in my eyes at the FSB, and stood hunched over, which I am definitely not supposed to do, I had poor vision in my sick eye.

Sacking
A few days later. I learned that. on November 21, the day I was detained, FSB officers had come to my workplace at the university around two in the afternoon. They confiscated my two desktop computers and all the laptops in the office, despite the fact they were not mine. They also took three printers, one of which was out of order, routers, flash drives, and notebooks.

The videotape from university surveillance cameras showing the FSB abducting me also vanished from the university.

On December 29, university rector Yevgenia Isayevnva Mikhaylova summoned me to her office.

She asked what happened, why security services officers had come after me, and inquired about my political views. She then said I should write a resignation letter. I told here I did not want to do it. She replied it was people like me who undermined the university’s image. She disparaged Navalny every which way to Sunday. She said Putin was the best president and he should reign forever.

That is verbatim.

After I refused to resign voluntarily, Mikhaylova said she had to react to events so the FSB would see she had punished me. She suggested I quit for a while. Then she would rehire me and transfer me to a new department. I would not have minded such a transfer, by the way, but I did not trust her, of course.

ammosov-4Ammosov Northeastern Federal University. Courtesy of Google Maps and OVD Info 

When I came back to work after the New Year holidays, I learned by chance a few days later that I had been sacked in late December. A colleague had access to the university’s 1C Database. It said there I had turned in my resignation letter on December 29, that is, the day after my meeting with the rector. But that was not true.

The folks in the personnel department twisted every which way in the wind. They said I had been sacked in order to transfer me to another position. They suggested I sign a resignation letter and backdate it. I refused to do this. But then the head of the personnel department told me the FSB had called. She thought it had been a signal to sack me. It was clear, however, she had not made to decision to sack me. The rector had told her to do it.

When I told the FSB officer handling my case I was being sacked, he said he would phone the university and find out what the problem was. Subsequently, I was transferred to another department.

There I was assigned work that did not fit my specialization: I was supposed to do paperwork. I was transferred to a job I was unable to do. I was put in the coldest corner of the room and given an old computer.

I resigned two weeks later. I realized that was the whole point. Subsequently, I got a job at a technical creativity center, where I now teach robotics to children. After the new year, the FSB ceased summoning me to interrogations.

The Second Search
At six in the morning on April 2, regular police and Investigative Committee officers rang our doorbell, demanding we open it. The security forces offices showed us a search warrant issued by the Basmanny District Court in Moscow. The search’s ostensible purpose was to confiscate electronic devices that could contain correspondence with Zhlobitsky. I was an official witness in the case.

I was told I had been corresponding with Zhlobitsky on VK under the pseudonym Pyotr Vasilyev or Vasily Petrov. However, I had not been registered on VK for many years. The accusation was thus utter rubbish.

During the search, the authorities confiscated two desktop computers, a flash drive, a hard drive, and two telephones. I was then taken to the Investigative Committee for an interrogation. I was again questioned about Zhlobitsky.

A few days later, I got another phone call from the FSB field agent. He chewed me out. He said I had concealed the Investigative Committee’s visit from him. He told me I had not been sincere with the FSB. He threatened to put me on a list of politically unreliable citizens. I would be banned from employment in the state sector and sacked from my current job.

Translated by the Russian Reader