Prosecution Witness in Brinikh Case Recants

Valery Brinikh

Prosecution Witness in Brinikh Case Recants
Grani.ru
March 24, 2016

77-year-old Mugdin Guchetl, a witness for the prosecution in the extremist case against environmentalist Valery Brinikh, recanted from the testimony identified as his in the case file during a court hearing in Maykop City Court in Adygea, as reported by the international human rights group Agora, who cited Brinikh’s defense attorney Alexander Popkov.

In testimony signed “Guchetl,” given during the investigation, it states that Brinikh has insulted not only the witness but the entire Adyghe people with his article “The Silence of the Lambs.” During the trial, however, the witness said he had not read the article, that he had not been in Adygeisk for around five years (although according to the interrogation report he was questioned in Adygeisk), that he had not given testimony to a police investigator, and that he had not signed the interrogation report.

Presiding Judge Vitaly Galagan pressed Guchetl, telling him that if he did not acknowledge his own signature, he would be summoned to court again. The defense protested the judge’s actions and filed a motion for a handwriting analysis to be performed.

The article “The Silence of the Lambs” was published on the website For Krasnodar! in September 2014. It recounts the environmental problems caused by Kievo-Zhuraki Agribusiness JSC, a large pig-breeding facility in Adygea’s Teuchezhsk District. The company was founded by Vyacheslav Derev, Karachay-Cherkessia’s representative in the Federation Council.

The article contains the following passage: “But who or what has forced the Adyghe to breathe manure-polluted air and swim in ponds poisoned by sewage? Nothing but cowardice and a lack of self-esteem.”

On December 17, 2014, Maykop City Court ruled that “The Silence of the Lambs” was extremist. On March 20, 2015, the Adygea Supreme Court reaffirmed the lower court’s decision. In their rulings, the courts claimed the author of the article had insulted ethnic Adyghe, accusing them of cowardice. On January 12, 2016, Brinikh submitted a written petition to Maykop City Court asking it to reexamine its ruling in the light of new circumstances, but on January 21, Judge Irina Ramazanov refused to consider the petition.

The environmentalist had been charged under Articles 33.5 and 282.1 of the Criminal Code (complicity in inciting hatred and enmity) as he was accused of having help to disseminate the article. Subsequently, Major Konstantin Kustov, senior major case investigator at the regional headquarters of the Russian Federal Investigative Committee, recharged the environmentalist, removing Article 33.5 from the charges and accusing the biologist of having authored “The Silence of the Lambs.”

Defense attorney Popkov has noted that over the past year the Investigative Committee has ordered five forensic examinations in the case. However, the lawyer stressed that data from a wiretap of Brinikh’s telephone, conducted by the Federal Security Service (FSB) a few months before “The Silence of the Lambs” was published, has been subjected to a phonological forensic analysis.

Hearing of the case on the merits began on January 26, 2016. Popkov had insisted on sending the case back to the prosecutor’s office, pointing out that a number of pieces of evidence had been falsified, but Judge Galagan rejected his appeal.

During the February 9 hearing of the case, one of the ethnic Adyghes who was questioned refuted the charges against the defendant.

“The environmentalist’s article caused no enmity,” he said. “On the contrary, Brinikh has help the Adyghes fight for the environment.”

Translated by the Russian Reader. Photo courtesy of 8772.ru. See my previous posts on Valery Brinikh and the case against him.

“Congratulate Me, I’m a Foreign Agent” (Dront Ecological Center, Nizhny Novgorod)

Congratulate Me, I’m a Foreign Agent
pippilotta-v-r.livejournal.com
May 14, 2015

It was to be expected, of course, and we all knew quite well approximately what would be written in the Ministry of Justice’s certificate of inspection, but for some reason it was unexpected all the same. Like a knife in the back.

Dront’s certificate of inspection was brought to our offices on Tuesday. I felt very bad about it all day. Plus, there was a lampoon on a stupid Nizhny Novgorod site (which I will not advertise here, of course) in which I was targeted personally. I even recalled the favorite joke of my youth, which I haven’t recalled for over ten years.

Piglet comes to Winnie the Pooh’s house and sees that the whole place is filled with blood. The bear is lying on the floor, his stomach ripped open, his guts hanging from the chandelier.

Piglet anxiously asks, “Winnie, Winnie, do you feel bad?

“Do I feel bad? Do I feel bad? Yes, it’s curtains for me!”

Because the problem is not the obvious disadvantages of this status, which we will legally challenge, of course. The problem is “faith in humanity.”

For an evening I lost my faith in humanity.

What has to be going through a person’s head to seek proof of “political activity” amongst people who protect nature on behalf of all citizens, and hence them as well? What kind of person do you have to be, for example, to classify money paid to do an analysis of a proposal to raise the level of the Cheboksary Reservoir as foreign financing, since the money came from the WWF (the Russian office of WWF, by the way)? I just hope that those three beauties from the Ministry of Justice who inspected us live somewhere in the Leninsky District, and their houses will be flooded when the reservoir rises.

Oh, to find out where they live and never to stand up for that corner of the city again. Let them build all the auto service centers and waste incineration plants right there!

And why do so-called patriots (we were inspected at the behest of the National Liberation Movement) so hate the natural environment in their own country? On the other hand, they love power in all forms. This phenomenon, incidentally, has haunted me for a while. So some people have decided they are “Russian patriots,” and what do they do? That’s right, they set out to spoil the lives of people trying to do something good for their country. I still remember those young men, “Russian patriots,” who six years ago tried to attack me, a pregnant Russian woman, just because my female friends and I were coming back from a protest rally against a nuclear power plant. Of course, there are different views on atomic energy, and debates can be very emotional, but it’s a matter for debate, damn it, not a matter for a fist fight. And they would have attacked us, and maybe even stabbed us with something, but we ran and got on a bus, and the driver closed the door on them. One young man with wicked eyes kept banging his fists against the windows, spewing out his anger and hatred. Roman Zykov, that wasn’t you, by chance? And now you’ve grown up and become an informer?

During its April 17, 2015, broadcast, the NNTV program Itogi nedeli aired a segment on the “foreign agent” case against Nizhny Novgorod’s Dront Ecological Center. The segment begins at the 1:40 mark, with the presenter explaining that the Ministry of Justice launched its audit of Dront after receiving a complaint from Roman Zykov of the National Liberation Organization (NOD). Zykov is interviewed on camera beginning at the 5:25 mark. He is identified as NOD’s “information officer.”

To be honest, I don’t understand any of this. I can’t get my head around it. I don’t believe there are people who really are happy, for example, if a highway or an asphalt plant is built near their home in place of a forest. People can be indifferent to environmental topics or indulge in pessimism because “everything has been decided, nothing can be changed.” I have seen this many times. But for people sincerely to desire the deterioration of their habitat, that I can not imagine. And I don’t understand how it can be called “patriotism.”

Well, the heck with them, the informants.

So the certificate of inspection was delivered to us. Here it is, this wonderful document. Of course, we have proven to be “foreign agents”: the law interprets the concept as broadly as possible. The inspectors had to prove a quite simple theorem: that we have foreign money (we can check off that box), and that we are engaged in political activity, that is, that we haven’t exactly been sitting on our asses but have been doing something. (Here we could check off a hundred boxes if we so desired.)

And the law does not require a logical connection between these parts of the theorem. It matters not a squat that the money was for one thing, and something else was deemed “political activity.”

Damn, when I was in university, “politics” meant being involved in the struggle for power. Nowadays, if you say it would be good idea to amend a law, you’re already a nasty political intriguer. And even if you praise a law, you’re an intriguer as well, because it is none of your damn business to evaluate laws.

You might think that all Russian environmental legislation is absolutely perfect: that it was handed down to us in the sacred tablets, and each word was cast in gold. This, to put it mildly, is not true. Moreover, these laws are constantly amended and changed, meaning the authorities are aware of their imperfections. It suffices to mention the new law on waste management. It was completely turned inside out and redrafted. I don’t really understand why we should stop criticizing  laws.

The whole business with foreign money is also ridiculous.

After all, it doesn’t matter to the inspectors that the funds have been earmarked, for studying turtles, for example. (And, in fact, protection of animals is not deemed political activity, and that is stipulated in the law.) Or for seminars on sustainable development. Or for a public impact assessment of the proposal to raise the level of the Cheboksary Reservoir. No one except the WWF provided any money for this—no state agencies, no legislators, no businessmen—although the entire Nizhny Novgorod Region rose up as one against the proposal.

And it doesn’t matter that all these funds were not only earmarked but were quite small sums (less than one percent of our annual budget) and could not significantly have impacted our operations. We would have criticized the same laws even without this money. But who is interested in logic if you just have to tick off some boxes?

In short, the young female inspectors proved the theorem to their own satisfaction. But I just don’t have the heart to call them lawyers, because, for example, they don’t distinguish between federal and municipal (i.e., local) government. (Maybe employees of the Ministry of Justice don’t necessarily have to have a law degree?) Apparently, the way they see it, all power is sacred and should be beyond criticism.

Well, my depression has passed. It has been nice to see that many people support us and have stood up for us. It has been nice to read your kind words.

P.S. I will not approve any vicious comments, if they show up.

Translated by the Russian Reader. You can see the list of Russian NGOs included in the registry of “foreign agents” (as of May 15, 2015) here. This list is constantly updated, apparently.