Mikhail Kosenko’s Appeal Hearing Is Tomorrow, March 13

On March 13, Mikhail Kosenko’s sentence will be appealed in Moscow City Court. Mikhail [who was declared a prisoner of conscience by Amnesty International] was one of the Bolotnaya Square defendants, and he was sentenced [in October 2013] to compulsory treatment in a psychiatric hospital. His case was originally tried separately from that of the other defendants because of a disability. But his story really should be treated separately: it is so simple and straightforward, as if it were staged on purpose to make clear to anyone, even a child, that in Russia a struggle is underway not between two groups of people who hold different views on the country’s future, but between people and monsters.

Mikhail’s trial lasted almost a year. During this time, Zamoskvoretsky District Court Judge Ludmila Moskalenko did not permit Mikhail a single family visit, although she knew that Mikhail’s mother was ill and her health was deteriorating. And when his mother died in September without having seen her son again, Moskalenko refused to let Mikhail attend the funeral. Mikhail found out about all this, about his mother’s death and the fact he could not say goodbye to her, in a cell in Butyrka Prison from a REN-TV news report.

During the trial, defense attorneys presented videos and photographs showing that Mikhail did not even come close to police officer Alexander Kazmin, whom he allegedly kicked and hit, tearing off his ammo pouch. Four eyewitnesses corroborated that Kosenko had not touched the “victim.” When Kazmin himself testified at the trial, he was unable to identify Kosenko as the man who had assaulted him and refused to perjure himself. “I’m not Russian trash,” he said.

On October 8, 2013, Judge Moskalenko found Mikhail Kosenko guilty and sentenced him to compulsory treatment in a psychiatric hospital. His treatment could last indefinitely. If, by analogy with the old Soviet Union, we imagine that the Chekists [i.e., the Putin regime] will stay in power another fifty to sixty years, then there is every chance Mikhail will never get out of the madhouse. But even if he gets out in ten years or three years, the consequences could be irreversible. Mikhail really does have a [mild] mental illness and problems with communicating, but anyone who followed the trial over the last year would have come away convinced that Kosenko is an absolutely sane, reasonable and intelligent man. At the very least, read his statement in court.

“Palace” psychiatry is quite capable of turning this man into a vegetable, all because, two years ago, a certain man had his inauguration spoiled and took offense. On March 13 at 10 a.m. in Room 334 of the Moscow City Court (8 Bogorodsky val) we can try to prevent it from happening. Let’s try! Mikhail’s sister, nephew, and cat Musya (whom he took in from the streets), are waiting for him to come home.

Source: Facebook

Photo courtesy of Dmitry Borko and Amnesty International

“Decent People Rub Prince Lemon the Wrong Way”: Sasha Dukhanina’s Closing Statement at the Bolotnaya Square Trial

Alexandra Naumova (née Dukhanina, usually referred to as Sasha Dukhanina), born 1993, was the first person to be arrested in the Bolotnaya Square case, launched by the Russian authorities after a sanctioned opposition march in downtown Moscow on May 6, 2012, the day before President Putin’s re-inauguration, ended in clashes with police. Dukhanina-Naumova was detained at the Occupy Arbat protest camp in Moscow in late May 2012 and has been under house arrest since that time.

Dukhanina-Naumova and her co-defendants Sergei Krivov, Alexei Polikhovich, Artyom Savyolov, Denis Lutskevich, Andrei Barabanov, Stepan Zimin and Yaroslav Belousov are charged with involvement in mass riots and assaulting police officers. At the January 22, 2014, hearing in the case, prosecutors asked the presiding judge, Natalya Nikishina, to sentence each of them to between five and six years in prison.

Dukhanina-Naumova is specifically accused of throwing chunks of asphalt, one of which, allegedly, struck a police officer, slightly bruising him, and splashing a soft drink (kvass) from a liter-size bottle.

A photograph of a riot cop dragging Dukhanina-Naumova away by the neck on May 6, 2012, taken by famed opposition blogger and photographer Rustem Adagamov (aka Drugoi), himself now in exile, has become, perhaps, the most famous image of the “riots” that took place in Moscow that day. Many opposition activists and independent observers have claimed that what happened was in fact a provocation on the part of the authorities aimed at demoralizing the opposition and selectively punishing those who had tried to spoil Putin’s repeat “coronation” by publicly protesting.

Before her arrest, Dukhanina-Naumova was a student at Moscow State University, where she majored in translation and interpretation. An anarchist, she had been involved in such causes as the defense of the Tsagovsky Forest, near Moscow, and Food Not Bombs.

On December 19, 2013, four other defendants in the case, Maria Baronova, Vladimir Akimenkov, Nikolai Kavkazsky and Leonid Kovyazin, were released under an “amnesty” that has been regarded by many as a gesture meant to defuse domestic and foreign criticism of the Putin regime’s concerted attacks on human and civil rights, NGOs, gays and lesbians, migrant workers, and opposition activists.

In any case, this amnesty did not fool the several thousand people who marched in Moscow on February 2, 2014, demanding the release of Dukhanina-Naumova and the other Bolotnaya Square defendants.

Dukhanina-Naumova made the closing statement, below, during the final hearing in the trial, on February 5, 2014, in Moscow.

After Dukhanina-Naumova and her co-defendants had finished making their closing statements, Judge Nikishina announced she would read out the verdict in the trial on February 21, 2014. This is two days before the end of the Sochi Olympics, President Putin’s wildly expensive showcase of his personal triumph over man, nature, and budgetary common sense.

__________

Closing Statement by Alexandra Dukhanina-Naumova at the Bolotnaya Square Trial, Zamoskovoretsky District Court, Moscow, February 5, 2014

At first I thought that this whole trial was a crazy mistake, the result of some mix-up. Now, after hearing the prosecutor’s speeches, and considering the length of the prison terms they are asking for us [Bolotnaya Square defendants], I’m starting to see that what the authorities want is revenge. They want revenge because we were there and saw how things really were. We witnessed who instigated the stampede, how people were beaten, and the unjustified violence. They are getting revenge on us for not bowing down to them and repenting for our nonexistent crimes, neither during interrogations nor here, in the courtroom. They are also avenging me for not helping them further their lies, for refusing to answer their questions.

These are serious crimes that carry a penalty of six years in a penal colony. There is no one else who has earned such a severe punishment, just us. They’re afraid of the real criminals—they imprison the strangers who get in their way while they wouldn’t lift a finger against their own. It is up to you, Your Honor, to decide whether to pay for furthering their happiness—promotions, stars, and medals—with our lives.

Why six years? What are these “no fewer than eight targeted throws” I supposedly dealt? Where did they come from? Whom was I aiming at and whom did I hit? Eight different police officers? Or did I hit the two men they’ve painted as the victims eight times? If so, how many times did I hit each of them? Where are the answers to these questions? Isn’t it up to them to describe the attack in detail and prove their case before putting me in prison? After all, this isn’t fun and games; it’s six years of my life at stake. Otherwise, it isn’t even lies, but mendacious demagoguery unsupported by facts, a game played with a human life in the balance. And if they had 188 videos and not eight, would they allege that there were 188 throws?

You’ve seen the two riot police officers who were my so-called victims. Each one of them is two or three times my size, and on top of that, they were in body armor. One of them felt nothing, and the second one was not injured by me at all and has no grievances. Is this the “rioting” and “violence” that have earned me six years of incarceration?

I almost forgot about the kvass. The bottle alone gets me five years, and the eight targeted blows get me the last one. At least let them say so, that way at least I’ll know the price of kvass. They should also tell me where my “mass rioting” ends and my “violence toward the authorities” begins. What’s the difference between the two? I still haven’t understood the charges against me: what did I burn? What pogroms? What destruction of public property? What does any of this have to do with me? What did I blow up? What did I set on fire? What did I destroy? Whom did I conspire with? What’s the evidence? Am I getting four years in accordance with Article 212 just for being there? Is my mere presence at what began as a peaceful demonstration the “rioting” that I was involved in? All I did was show up.

Take a look at these people. They’re not murderers, thieves or con artists. Putting us all in prison is not only unjust, it’s criminal.

Many people have given me the opportunity to repent, apologize, say what the investigators want me to say, but you know, I don’t find it necessary to repent, let alone apologize, to these people. In our country, it’s widely accepted that they are absolutely untouchable despite the well-known cases of their involvement in drug trafficking, prostitution, and rape. Just a few days ago, that happened in the Lipetsk Region.

The narrative of the charges pinned on us isn’t just funny; it is absurd and based solely on the testimony of the riot police officers. What does this mean, that if a person has epaulettes they’re a priori honest and holy?

Your Honor, in the course of the past eight months of this trial, you’ve received such substantial evidence of our innocence that if you send us all to the camps, you will be ruining our lives and futures for nothing.

Is the government really so determined to make an example of us that it is willing to take this step? Letting a pencil pusher, rapist or policeman off for [inaudible] is a matter of course: they’re untouchable, one of your own. We, on the other hand, can handle a prison term. Who are we, after all, we’re not even rich? For some reason, I am convinced that even in prison I will still be more free than any of them because my conscience will be clear, while those who remain on the outside continuing their so-called protection of law, order, and freedom will live in an unbreakable cage with their accomplices.

I can admit to making a mistake. If I were truthfully presented with facts and it were demonstrated to me that I had done something illegal, I would confess to it. However, no one has done any such thing: all I’ve witnessed are lies and brute force. You can suffocate someone with force, drag them [inaudible] and all of this has already been done to me. But lies and violence can’t prove anything. Thus, no one has proven my guilt. I am sure that I am right and that I am innocent.

I’d like to close with a quotation from Gianni Rodari’s Cipollino:

“My poor father! They’ve thrown you in the pen with thieves and bandits.”

“Hey now, son,” his father tenderly interrupted him. “Prison is chock full of honest people!”

“Why are they in prison? What have they done wrong?”

“Absolutely nothing, son. That’s why they’re in here. Decent people rub Prince Lemon the wrong way.”

“So getting in prison is a great honor?” he asked.

“That’s how it seems. Prisons are built for people who steal and kill, but in Prince Lemon’s kingdom, it’s all topsy-turvy. The thieves and murderers are in his palace, while honest citizens fill the prisons.”

Translated by Bela Shayevich. Originally published, in Russian, on Grani.Ru. Photograph of Alexandra Dukhanina-Naumova courtesy of Dmitry Bortko

A Muted Joy: Who Got Left Out of Putin’s Amnesty

Lenta.Ru
December 19, 2013
A Muted Joy
Four Defendants in the Bolotnaya Square Case Amnestied

The amnesty passed yesterday by the State Duma has enabled charges against four defendants in the Bolotnaya Square case to be dropped. Today, December 19, opposition activist Vladimir Akimenkov and journalist Leonid Kovyazin, who had been held in a remand prison for over a year, were released. Human rights activist Nikolai Kavkazsky was released from house arrest, and charges were likewise dropped against Maria Baronova, who had been under travel restrictions. Our correspondent went to the hearing at the Nikulinsky District Court in Moscow to see how the “prisoners of Bolotnaya” were freed.

Lawyers and journalists waited for the hearing to begin in a small, five-table cafe on the first floor of the Nikulinsky District Court. It had been known since yesterday evening that motions to amnesty four defendants in the Bolotnaya Square case—Maria Baronova, Vladimir Akimenkov, Nikolai Kavkazsky and Leonid Kovyazin—would be filed today. The four had been charged under sections 2 and 3 of Article 212 of the Criminal Code (participating in rioting and incitement to riot). Yesterday, the State Duma amended the president’s amnesty bill, extending it not only those convicted of such crimes but also to suspects and defendants charged under this article. However, the hearing had already been delayed by two hours and the people in the cafe were nervous.

Someone suggested the motions would not be accepted until Vladimir Putin’s press conference was over, because Judge Natalya Nikishina was waiting for a go-ahead from the Kremlin. Someone else claimed that traffic jams were to blame: because of them, the defendants had not been delivered to the court on time.

“In our difficult times, any delay gives rise to conspiracy theories,” lawyer Sergei Badamshin said by way of summing up.

When asked whether the four defendants would be released, lawyer Vadim Klyuvgant answered quite cautiously.

“It often happens that courts like to drag things out until the verdict. In Russia, the authorities don’t like letting people go. Today, I heard that some lady from the Federal Penitentiary Service said that for Nadya [Tolokonnikova] to be amnestied they would need a paper from child protection services saying that Nadya had not been deprived of her parental rights. Can you imagine? What grounds do they have for suspecting her of this? Her daughter has a birth certificate in which Nadya is identified as the mother. But in Russia, if they don’t want to let someone go, they always come up with an excuse.”

Dmitry Agranovsky, Vladimir Akimenkov’s lawyer, was categorical.

“I prepared the draft amendments to the amnesty bill along with MPs from the Communist Party. We ensured that the cases against people eligible for amnesty who have been charged under Article 212 would be dropped not after the verdict, but at the stage where they are currently are. From a legal perspective, Akimenkov should be released today, end of story. Since yesterday, there has no longer been any need for his detention. His complaint has already been filed with the European Court of Human Rights, and if he’s kept in the remand prison even for a day after the amnesty bill is published, that will be tantamount to a real abuse of power, since they are no legal grounds for detaining him. He should be released in the courtroom.”

Agranovsky recited [the final stanza of Pushkin’s poem “Deep in Siberian mines”] with expression.

“The heavy fetters will fall, / The jails will crumble. And freedom / Will joyfully hail you at the entrance, / And brothers will give you back your swords.”

Lawyer Alexei Vetrentsev, who was representing defendant Leonid Kovyazin, did not think his client would be released today.

“I think Leonid will be released from the remand prison only tomorrow. There’ll be paperwork at the prison, and he’ll have to gather his things.”

The expression on Vetrentsev’s face was extremely sad.

“For us, the amnesty is a good decision, but I feel embarrassed before the others. It is inhuman to carry out an amnesty this way, releasing some people while others are left in jail.”

Nine other people were to appear with his client in the cage for defendants at the Nikulinsky District Court. Only two of them, Kovyazin and Akimenkov, were supposed to be released. Baronova, the mother of a young child, had been under travel restrictions, while Kavkazsky had been under house arrest.

“I’m ashamed, but I’m glad, and that’s an objective feeling,” said Baronova. “You can feel as guilty as you like because the others aren’t being let out, but now for the first time in two years I can leave the country for at least a few days. I’m looking here at names of banks that give consumer loans for the New Year holidays, so I can go to Berlin.”

(Left to right) Sergei Krivov, Stepan Zimin, Denis Lutskevich, Andrei Barabanov and Artyom Savyolov. Photo: Gennady Gulyaev/Kommersant

Anatoly, grandfather of anarchist Alexei Polikhovich, another defendant, sat motionless not far from Baronova. Anatoly’s grandson was first charged under “amnestied” Article 212, for involvement in rioting. But after a press conference last year in which President Vladimir Putin spoke out strongly against people who had [allegedly] assaulted police officers, Article 318 (“use of violence that does not endanger human life or health […] against a representative of the authority”), the standard charge, was added to the charges against Polikhovich. Riot police officer Igor Tarasov had then suddenly remembered that at the May 6, 2012, rally, Polikhovich had “hit him in the wrist, causing severe pain.”

Immediately after the defendants were brought into the courtroom, the four lawyers moved to have their clients released in connection with the amnesty decree published yesterday in [official government newspaper] Rossiiskaya Gazeta. The appeals were wholly supported by the prosecution. Judge Natalya Nikishina then asked whether the appeals were supported by the remaining defendants not covered by the amnesty—that is, Polikhovich, Alexandra Dukhanina, Denis Lutskevich, Stepan Zimin, Sergei Krivov, Andrei Barabanov, Yaroslav Belousov and Artyom Savyolov.

Polikhovich replied by chuckling ironically a few times, but the other defendants unanimously seconded the appeals. Stella Anton, Denis Lutskevich’s mother, wept loudly. Twenty minutes later, Judge Nikishina returned to the courtroom and read out her decision: to grant the motions and dismiss the criminal charges.

The first to exit the courtroom was Leonid Kovyazin. His wife Yevgenia threw her arms around him.

“The guys aren’t getting out, and that’s bad,” said Kovyazin, now free. “My joy is severely muted for this reason.”

When asked what conditions had been like for him in the Butyrka remand prison, Kovyazin answered calmly.

“At first, I had conflicts in the remand prison. Then I got used to it: the only tough thing was the waiting. Other than that, the people in prison, who are mostly there on drugs charges, are often quite outstanding. Incidentally, I was surprised it wasn’t only young people who used drugs: there were fortysomething men in jail with me who told me how they had got hooked on heroin on their birthdays. Basically, I can’t say anything good about jail: any term of imprisonment means stress, unhappiness and a few years deducted from your life. For example, it is physically painful to ride in the paddy wagon: it is very cold in winter, and extremely hot in summer.”

Kovyazin had been accused of overturning portable toilets that had been set up in Bolotnaya Square during last year’s May 6 rally, which ended in massive clashes between protesters and police. Kovyazin was frank about his actions that day.

“I had gone to the square to shoot video for the Vyatsk Observer newspaper, but then I lost my cool. When I saw the case materials, the video shot from above, I noticed that at the moment [when police dispersed the rally] only around fifty people remained in the square, but the police were on both sides. I had shot scenes of people being beaten by the police, but then I had put away the camera and yet was unable to leave. Perhaps that was my mistake: the camera distances you from what’s happening, but when you’re involved in the events, it’s different.”

Kovyazin did not deny that he had pushed the toilet stalls.

“It was an emotional decision. After the fact you can discuss it at length and reflect on it, but when you see [people being beaten] . . . I was caught up in the action. Later, when the task force came to arrest me, I said to my brother, ‘See you in five years.’ Fortunately, that hasn’t come to pass.”

After a pause, Leonid continued.

“If I could play it back, I would do what I did, only I would have gone without the camera. As Vova [Vladimir Akimenkov] joked to me, ‘When you get out, the journalists are going to slap you first, then shake your hand.’ Because that kind of involvement is, of course, a violation of professional journalistic ethics. But I don’t believe I was involved in rioting.”

“There was no rioting in the square,” asserted Nikolai Kavkazsky, one of the amnestied defendants and a lawyer with the human rights organization Civil Assistance. “It is obvious to everyone that on May 6 there was a sanctioned march and rally that the authorities wanted to disrupt. People who went to that rally are now on trial, but not the policemen who actually violated the law, which prohibits dispersing rallies. What happened to me, for example? I saw a police officer hitting some unknown people with a truncheon. He was beating them severely, you might say. I went up to the police officer and wanted to say to him, ‘Why are you violating the law on police conduct? Why are you beating citizens?” But I didn’t manage to say anything. He raised his truncheon. I wanted to cover myself with hands, but the blow landed on my arm, and to protect myself from this police officer, I lifted my leg. That was it.”

Kavkazsky was arrested on July 25, 2012, when he left his home to buy new pants. (He never did buy those pants.) Later, in the remand prison, he found that the hardest thing to endure was being cut off from the familiar, everyday world.

“When you’re cut off from the phone and Internet, from interacting with your usual circle of people, you feel completely isolated. That’s the scariest thing. And there’s not knowing. Conditions in prisons are horrible: they’re not meant to observe human rights but to violate them. Everything is forbidden there. Why do they forbid you from listening to music you want to listen to? Why can’t you put duvets on your blankets? Why can’t you eat the food you like?”

Kavkazsky spent nearly a year in the remand prison. He was switched to house arrest only in August of this year because endocrine disorders he suffers from had flared up while he was in custody.

Vladimir Akimenkov, an activist with the now-routed Left Front, was also released from the remand prison on Thursday. At first, he had wanted to turn down the amnesty.

“It’s a Byzantine decision: they’re planning to release some and not others. I don’t understand how I’m better than the others, why guys who have become real comrades to me, people with serious health problems, including fathers and men separated from their other halves, have to be in prison.”

His lawyer convinced Akimenkov to sign the appeal. He did not consider himself guilty.

“I did none of the things I’ve been charged with. I was not involved in a riot that, incidentally, did not happen.”

Akimenkov looked out the window and rubbed his wrists.

“I find it strange to go outside, strange to feel my hands without handcuffs on them. But after I find a job, I’ll be going to the Bolotnaya Square trial, making care packages, giving money and doing everything possible to ensure there is not a single political prisoner in this country.”

In the very near future, Akimenkov plans to attend another trial, that of Left Front coordinator Sergei Udaltsov, accused of organizing the “riot” in downtown Moscow a year and a half ago. The court has yet to begin examining the charges against him.

Svetlana Reiter

NB. The original article features a four-minute video of the December 19 court hearing and its aftermath.