The Three-Year Revenge
The appeals hearing in the Network Case is over. The sentences are the same: from six to eighteen years in prison
October 20, 2020
The Network Case […] has been going on for exactly three years. Today, we can say that the case has come to an end: an appeals court has upheld the convictions of all the defendants [in the Penza portion of the case, not the Petersburg portion], who face six to eighteen years in prison. In the coming days and weeks, they will be transported to penal colonies to serve their sentences, while their lawyers file complaints with the Russian Court of Cassation and the European Court of Human Rights in Strasbourg. Novaya Gazeta recalls how one of the most dramatic and unjust cases of the 2010s unfolded.
The Maltsev/Artpodgotovka Case […] had just exploded on the front pages, and the World Cup and the presidential election were on the horizon. The circumstances were perfect for the special services to uncover a “terrorist plot” and impress their superiors. A year and and a half earlier, an ambitious FSB colonel, Sergei Sizov, took charge of the agency’s Penza office: it is believed that he launched the Network Case. Now a lieutenant-general, Sizov currently heads the agency’s Chelyabinsk regional office. Soon after he was assigned to Chelyabinsk, news broke of the so-called Chelyabinsk Case, which is quite reminiscent of the Network Case.
The arrests in Penza began on October 18, 2017. Yegor Zorin was the first to be taken. He had drugs on him, allegedly, but now that we know how investigators handled the evidence in the case, this circumstance is in doubt. Zorin was pressured into cooperating with the authorities, giving evidence about a certain organization, to which he and his friend Ilya Shakursky belonged, allegedly. Shakursky is a well-known anti-fascist activist, organizer of charitable and environmental campaigns, and musician. The authorities had long had their eyes on him and were so interested that they sicked a provocateur on him. This provocateur, Vladislav Gresko-Dobrovolsky, would later be a secret witness for the prosecution at the trial.
Dmitry Pchelintsev, Andrei Chernov, Vasily Kuksov and, a bit later, Arman Sagynbayev are arrested. The young men are beaten and threatened during their arrests. Although weapons were found, allegedly, on Kuksov, Shakursky, and Pchelintsev, no traces of the accused or their body tissues are detected on the weapons.
Everything is held against them: the books they read (including Tolstoy), a staged airsoft video, shot two years earlier; their correspondence on messengers; and hikes in the forest that involved practicing survival skills and first aid. But what matters most is their own testimony, obtained under torture, something that no one except the prosecutor’s office doubts anymore. The conclusion: the accused are a “terrorist community” that was planning to seize power and enact regime change.
Rumors reach Moscow that anarchists and antifascists have been disappearing in Penza. Their arrests are really like abductions: a person disappears, and that is it. Alexei Polikhovich, a correspondent with OVD Info and an anarchist who recently served time in the Bolotnaya Square Case, travels to Penza. He learns about what has happened, including the torture, but the relatives of the detainees ask him not to publish the information. The general sentiment at the time was not to make a fuss: things would only get worse, and most importantly, the torture would resume. Consequently, the information is published only in January, after the arrests in Petersburg of Viktor Filinkov, Igor Shishkin, and Yuli Boyarshinov as part of the same case.
Yana Teplitskaya and Katya Kosarevskaya, members of the Petersburg Public Monitoring Commission, find Filinkov in the Crosses Prison, recording “numerous traces of burns from a stun gun on the entire surface of [his] right thigh, a hematoma on [his] right ankle, [and] burns from a stun gun in [his] chest area.” There were more than thirty such signs of injury. Filinkov claims he was tortured. Slightly later, Pchelintsev and Shakursky would claim they were tortured. Doctors confirm that Shishkin suffered a fracture in the lower wall of his eye socket, as well as numerous bruises and abrasions.
Pchelintsev: “When I was tortured with electrical shocks, my mouth was full of ‘crushed teeth’ due to the fact I gritted my teeth since the pain was strong, and I tore the frenulum of my tongue. My mouth was full of blood, and at some point one of my torturers stuck my sock in my mouth.”
The case attracts attention.
A banner bearing the inscription “The FSB is the main terrorist” is hung on the fence of the FSB building in Chelyabinsk “in solidarity with repressed anarchists all over the country.” The people who hung the banner are detained and, according to them, tortured. They are charged with disorderly conduct. Six months later, the charges are dropped due to lack of evidence. It is in Chelyabinsk that investigators use the phrase “damage to the FSB’s reputation” for the first time. The phrase is the key to the entire process. Subsequently, the security forces would take revenge against those who publicized instances of torture and procedural violations. People who supported the accused would sometimes be punished: they would face criminal charges and threats to their lives. The motive of revenge is clearly legible in all the actions taken by investigators, in the stance adopted by the prosecutors and the judges, and in the verdict itself.
Gradually, information about the Network Case is published in the media, first as brief news items, then as full-fledged articles in independent publications. By the end of April, everyone is writing about the case. The solidarity campaign becomes massive, and the case gains notoriety. At the same time, the NTV propaganda film Dangerous Network is broadcast: in terms of genre, it resembles other such film, including Anatomy of a Protest and 13 Friends of the Junta. It attacks not only the accused, making them look like bin Laden-scale terrorists , but also the human rights defenders and activists who support them and thus, allegedly, betray Russian interests. Dangerous Network was the first of many similar “documentaries” and articles on the case.
The first solidarity rallies and concerts are held in May. The parents of the defendants create the Parents Network, an association aimed at protecting their children, and ask for help from federal human rights ombudswoman Tatyana Moskalkova. Consequently, the torture stops, but no one thinks to close the case.
In July, there are new arrests in the case: Penza residents Mikhail Kulkov and Maxim Ivankin are arrested. At the same time, in July, during a session of the UN Committee Against Torture, the Russian delegation is asked about the Network Case. The delegation ignores the question.
An unauthorized “people’s meeting” in support of the defendants in the Network and New Greatness cases takes place outside FSB headquarters on Lubyanka Square in Moscow. Similar protests are held in Petersburg, Penza, Novosibirsk, Rostov-on-Don, and Irkutsk. Among those detained after the protest in Moscow is activist Konstantin Kotov. A week later, 77-year-old human rights activist Lev Ponomaryov is fined and sentenced to 25 days of administrative arrest for calling for the meeting. Ponomaryov comments, “This is the FSB’s revenge.” The gatherings on Lubyanka against torture and crackdowns would continue in 2019.
In Arkhangelsk, 17-year-old anarchist Mikhail Zhlobitsky blows himself up at the local offices of the FSB. Shortly before the blast, a message appears on the Telegram channel Rebel Talk [Rech’ buntovshchika]: “Since the FSB fabricates cases and tortures people, I decided to go for it.” There is no indication of a specific case, but the phrase “fabricates cases and tortures” suggests the Network Case.
At a meeting of the Human Rights Council, journalist Nikolai Svanidze and council chair Mikhail Fedotov tell Putin about the provocations in the New Greatness Case and the torture in the Network Case. “This is the first time I’ve heard about it,” Putin says, promising to “sort it out.” Fedotov also appealed to FSB director Nikolai Bortnikov, but none of the internal investigations into the Network Case revealed any wrongdoing by law enforcement officers. The reason is simple: law enforcement agencies investigate themselves, and complaints of torture and other wrongdoing are sent down the chain of command to the local level—to those guilty of torture and other crimes.
Moscow State University graduate student Azat Miftakhov is detained by police. At the police department, he slashes his wrists—to avoid torture, as he explains to his lawyer. According to one theory, Miftakhov has been detained in an attempt to “uncover” the Network’s “Moscow cell.”
Azat Miftakhov. Photo: Victoria Odissonova/Novaya Gazeta
A petition is posted on Change.org demanding that the Network Case be dropped and that the allegations of torture be investigated. It is signed by rock musician Andrey Makarevich, actress Liya Akhedzhakova, writer Lyudmila Ulitskaya, actress Natalya Fateyeva, animator Garri Bardin, and many others.
On April 8, by decision of the Moscow District Military Court, the FSB places the Network on its list of “terrorist” organizations. It bothers no one that the guilt of the defendants in the case has not yet been proven in court.
The case is brought to trial: the [Penza] trial will last until February 10, 2020. At the trial, the prosecution’s witnesses will recant their earlier statements, which they claim were given either under duress or misrepresented. The prosecution still has confessions made under torture, the testimony of secret witnesses, and physical evidence, including internet correspondence and computer files that were altered after they were confiscated, weapons of unknown origin, and a conclusion by FSB experts that the defendants constituted a group, and Pchelintsev was their leader. This is enough to persuade the court to sentence the seven Penza defendants to 86 years in prison in total: Pchelintsev is sentenced to 18 years; Shakursky, to 16; Chernov, to 14; Ivankin, to 13; Kulkov, to 10; Kuksov, to 9; and Sagynbayev, to 6.
Penza Network defendants during the reading of the verdict. Photo: Victoria Odissonova/Novaya Gazeta
There is unprecedented public outrage at the verdict and the prison sentences requested by the prosecutor. Hundreds of open letters and appeals—from musicians, poets, cinematographers, book publishers, artists, teachers, and municipal councilors—are published. For the first time in Russia, the practice of torture by the special services is openly and massively condemned. The verdict is called an attempt to intimidate the Russian people. The public demands a review of the Network Case and an investigation of the claims of torture. People stand in a huge queue on Moscow’s Lubyanka Square to take turns doing solo pickets.
Journalist Nikolai Solodnikov, holding a placard that reads, “I demand an investigation of the torture in the Network Case.” Photo: Svetlana Vidanova/Novaya Gazeta
But a week later, the wave of indignation is shot down. Meduza publishes a controversial article, “Four Went In, Only Two Returned,” in which a certain Alexei Poltavets confesses to a double murder that he committed, allegedly, with defendants in the Network Case. There had long been rumors about the so-called Ryazan Case—the murders of Artyom Dorofeyev and Ekaterina Levchenko in the woods near Ryazan—within the activist community, but the story had never surfaced, because there was no evidence. There is no evidence now, either: the Network’s involvement in the murder is not corroborated by anything other than the claims made by Poltavets. Poltavets himself is in Kiev, and no formal murder charges are made against the Network. But it is enough to discredit the solidarity campaign. Now, in the eyes of society, those who take the side of the Network Case defendants are defending murderers. Public outrage fades, and the verdict remains the same.
In Petersburg, Filinkov and Boyarshinov are sentenced to seven years and five and a half years in prison, respectively. Shishkin made a deal with the investigation and was sentenced to three and a half years in prison in 2019.
Viktor Filinkov and Yuli Boyarshinov. Photo: David Frenkel/Mediazona
Putin signs a decree awarding Sergei Sizov the rank of lieutenant general. Other Russia activists are arrested in Chelyabinsk. The so-called Chelyabinsk Case begins.
The appeals hearing in the Network Case has begun. It is held in the closed city of Vlasikha near Moscow, with a video link from Penza. The issue now is not torture, but the lack of evidence for the verdict. And indeed, from the point of view of any lawyer, the verdict look quite odd. It is not the verdict of an independent court, but a rewrite of excerpts from the case file and the indictment, a sloppy collection of unconfirmed facts and unreliable expertise. The verdict is reminiscent of the famous line from the 1979 Soviet TV miniseries The Meeting Place Cannot Be Changed: “He’s going to prison! I said so.”
The appeal hearing ends and the verdict is upheld. The authorities have enacted their revenge. The defense concludes that there is no more justice in Russia.
Translated by the Russian Reader. Please read my previous posts on the Network Case, and go to Rupression.com to find out how you can show your solidarity with the defendants in the case.