Yashar Shikhametov: 11 Years in Maximum Security for “Kitchen Conversations”

Yashar Shikhametov

⚡️ Another sentence: 11 years in a maximum security penal colony for a 52-year-old cook from Crimea

Today, the Southern District Military Court [of Russia] announced the verdict in the trial of Yashar Shikhametov, a Crimean Tatar, a cook from Sevastopol, and a political prisoner. He was charged with membership of the Islamist political party Hizb ut-Tahrir, which has been banned in Russia since 2003. In Ukraine and most countries of the world, however, the organization operates without any restrictions in terms of national legislation.

According to the case file, the accused had no weapons, explosives, or ammunition, did not plan to commit a terrorist act and did not call on others to carry out terrorist acts. There is no evidence that he was planning to overthrow the constitutional order of the Russian Federation and seize power. The case materials contain audio recordings on which religion and politics are discussed. In fact, this was the only evidence presented by investigators, along with the testimony of secret witnesses, which cannot be corroborated.

Shikhametov was was arrested on 17 February 2021, and then spent over a year and a half in a pre-trial detention center, where he suffered from many ailments. In July of the same year, his case was submitted to the military court of Rostov-on-Don. The trial of the case on the merits took place over the course of twenty-four hearings.

On August 14, 2022, Prosecutor Sergei Aidinov asked the court to sentence Shikhametov to eleven years of imprisonment in a maximum security penal colony, with the first four years of the sentence to be served in a closed prison.

The verdict issued by the Russian court today gave the prosecutor exactly what he had asked.

At yesterday’s court hearing, the political prisoner complained of feeling unwell. When the court suggested that he take part in the closing arguments, Shikhametov insisted on the need for a recess.

The court turned down the defense’s request to declare a recess.

Judge Alexei Magomadov deemed Shekhametov’s inability to take part in the closing arguments as a voluntary refusal to testify, despite the fact that the defendant had written a twenty-one-page-long closing statement for the hearing. He also turned down [defense] lawyer Alexei Larin’s request to postpone the hearing.

“Did we have a choice in 2014? I will tell you that it’s all true. Ethnically, we are Crimean Tatars; we are Muslim in terms of religion and culture, and we are citizens of Ukraine. Is this proof of my guilt? We do not hide, we do not hide it, but we declare it directly and everywhere. Is that a crime? But the FSB investigator cooks up this whole [case] with remarks made around the kitchen table, and by tormenting people and intimidating them with searches,” Shikhametov wrote in the [closing statement], which he was unable to deliver in court.

Source: Mumine Saliyeva, Facebook, 9 September. Photo courtesy of Crimean Solidarity. Thanks to Natalia Sivohina for the link. Translated by the Russian Reader


Shikhametov is from Orlinoye on the outskirts of occupied Sevastopol.  He earlier appeared as a defence witness in the political trial of Enver Seitosmanov, which may have been the reason that the Russian FSB turned their attention to him.  They added him, six years after the earlier arrests in 2015, to Russia’s first conveyor belt ‘trial’ of Crimean Muslims on charges of involvement in Hizb ut-Tahrir. The latter is a peaceful, transnational Muslim organization which is legal in Ukraine, and which is not known to have committed any acts of terrorism anywhere in the world.  Russia’s prosecutions, under ‘terrorism’ legislation, are based solely on an extremely secretive Russian Supreme Court ruling from February 2003, which declared the organization ‘terrorist’ without providing any grounds or explanation. Russia is increasingly using these charges as a weapon against Crimean Tatar civic activists and journalists, with men who have committed no recognizable crime being sentenced to up to 20 years’ imprisonment. The charges are a favourite with the FSB and their decision to arrest any particular person is a near 100% guarantee that their victim will be imprisoned and receive a huge sentence.

Shikhametov was charged under Article 205.5 § 2 of Russia’s criminal code with ‘involvement’ in a Hizb ut-Tahrir group.  This was seemingly the same fictitious ‘group’ which the FSB claimed that Ruslan Zeytullaev had ‘organized’ (a more serious charge) and that Ferat Saifullaev, Yury Primov and Rustem Vaitov were supposed to have been members of. Russia was still ‘testing the ground’ (and international reaction) in that case and all of the men initially received much lower sentences than required by legislation. The prosecution (or, more likely, the FSB) challenged the sentence against Zeytullaev until they got a 15-year sentence but did not appeal against the other three sentences (more details here). One difference now is that the prosecution almost invariably adds the charge (under Article 278) of trying to overthrow the Russian state. This charge is even more nonsensical, as not one of the men has ever been found to have any weapons, but does enable them to increase the sentence.

Both the earlier ‘trials’ and that against Shikhametov were, as the latter said, based on ‘conversations in the kitchen’ on religious and political subjects. These were sent to FSB-loyal ‘experts’ (from the Kazan Inter-Regional Centre for Analysis and Assessments) who provide the opinion demanded of them.

Russia’s FSB have, however, discovered that such prosecutions do not go to plan, primarily because of committed lawyers who insist on demonstrating the flawed nature of both the charges and the alleged ‘evidence’.  Although the convictions remain essentially predetermined, the men’s lawyers, as well as the important Crimean Solidarity human rights initiative, provide important publicity about the shocking methods used to fabricate huge sentences.

Armed and masked enforcement officers burst into Shikhametov’s home on 17 February 2021 and carried out ‘a search’, before taking the father of three away and imprisoning him. As in all such cases, lawyers were illegally prevented from being present. The officers claimed to have found three ‘prohibited religious books’. The books, which did not have any fingerprints on them, were in a cupboard holding coats and shoes which was a place, as Shikhametov himself told the court, that no practising Muslim would hold religious literature.

During one of the hearings, Shikhametov stated that he considered the real criminals to be those who planted ‘prohibited books’ in his home. Typically, the only outcome of this was that Shikhametov himself was removed from the courtroom. Shikhametov has been open in calling those involved in this prosecution and others “accomplices and criminals” and this was not the only time he was removed from the courtroom.

In July 2021, the FSB carried out an armed search and interrogation of Ferat Saifullayev (who had been released after serving his sentence).They threatened “to come back and find prohibited literature” if he did not give false testimony against Yashar Shikhametov.  During this interrogation, he was neither informed of his rights, nor told what his status (suspect, witness, etc.) was. Saifullayev signed the document thrust in front of him, but later stated publicly that he had only done so because of the pressure and threats against him. He insisted that this supposed ‘testimony’ should be excluded as having been obtained with infringements of the law and issued a formal complaint to the FSB in Sevastopol, naming senior ‘investigator’ Yury Andreyev. 

Prosecutor Sergei Aidinov was never able to explain how Shikhametov, working as a café chef was supposed to have ‘carried out ideological work’ or what such ‘work’ was.

All of this was ignored by presiding judge Alexei Magamadov, together with Kirill Krivtsov and V.Y. Tsybulik who actively took the side of the prosecution. Such bias was seen here, as in all other political trials of Crimean Tatars and other Ukrainians, in the use of ‘secret witnesses’. The only real ‘evidence’ in this ‘trial’ came from people whose identity was not known, and whose supposed testimony could not be verified. In all these trials, the judges invariably disallow questions aimed at demonstrating that the person is lying and that he does not in fact even know the defendant.  

Please write to Yashar Shikhametov! 

He will almost certainly remain imprisoned in Rostov until his appeal hearing. Letters tell him that he is not forgotten and send an important message to Moscow that their persecution of Crimean Tatars and other Ukrainian political prisoners is under scrutiny.

Letters need to be in Russian, and on ‘safe’ subjects. If that is a problem, use the sample letter below (copying it by hand), perhaps adding a picture or photo. Do add a return address so that the men can answer.

The addresses below can be written in either Russian or in English transcription. The particular addressee’s name and year of birth need to be given.

Sample letter

Привет,

Желаю Вам здоровья, мужества и терпения, надеюсь на скорое освобождение. Простите, что мало пишу – мне трудно писать по-русски, но мы все о Вас помним.

[Hi.  I wish you good health, courage and patience and hope that you will soon be released.  I’m sorry that this letter is short – it’s hard for me to write in Russian., but you are not forgotten.] 

Address

344022, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1

Шихаметову, Яшару Рустемовичу, г.р. 1970

[In English:  344022 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Shikhametov, Yashar Rustemovich, b. 1970 ]

Source: Halya Coynash, “Crimean Tatar sentenced by ‘accomplices and criminals’ to 11 years in Russian captivity,” 9 September 2022, Kharkiv Human Rights Protection Group

“Goszakaz”: Crimean Tatar Activists Sentenced to Monstrous Prison Terms by Russian Occupation Regime


Reading of the sentence on 16.09.2020. The men are each wearing one letter each of the word ГОСЗАКАЗ (“commissioned by the state”). Photo by Crimean Solidarity. Courtesy of khpg.org

Acquittal and monstrous sentences in Russia’s offensive against Crimean Tatar civic journalists & activists
Kharkiv Human Rights Protection Group
Halya Coynash
September 17, 2020

In the last decades of the Soviet regime, dissidents received 7-10-year sentences for so-called ‘anti-Soviet agitation and propaganda’. Modern Russia, persecuting Ukrainian citizens on illegally occupied territory for their religious beliefs and political views, is doubling such sentences. Seven Crimean Tatar civic journalists and activists have received sentences of up to 19 years, without any crime. Justice had not been expected from a Russian court, however absurd the charges and flawed the ‘trial’, so the only – wonderful – surprise was the acquittal of Crimean Solidarity civic journalist and photographer Ernes Ametov. If Russia was hoping, in this way, to prove that these are real ‘trials’ before independent courts, there is no chance. All eight men have long been recognized as political prisoners, and all should have been acquitted.

The sentences passed on 16 September by judges Rizvan Zubairov (presiding); Roman Saprunov; and Maxim Nikitin from the Southern District Military Court in Rostov (Russia) were all lower than those demanded by the prosecutor Yevgeny Kolpikov, but still shocking.

Crimean Solidarity civic journalist Marlen (Suleyman) Asanov: 19 years

Crimean Solidarity activist Memet Belyalov: 18 years and 18 months restriction of liberty

Crimean Solidarity civic journalist Timur Ibragimov: 17 years and 18 months restriction of liberty

Crimean Solidarity Coordinator and journalist Server Mustafayev: 14 years and 1 year restriction of liberty

Crimean Solidarity civic journalist Seiran Saliyev: 16 years and 1 year restriction of liberty

Edem Smailov (the leader of a religious community): 13 years and 1 year restriction of liberty

Crimean Solidarity volunteer Server Zekiryaev: 13 years

In Soviet times, dissidents received a term of imprisonment, then one of exile. Now they add ‘restriction of liberty’ (ban on going outside Crimea and attending events, as well as having to register with the police). In all of the above cases, the sentences are for maximum security prison colonies, although not one of the men was even accused of an actual crime. They are also sentences that Russia, as occupying state, is prohibited by international law from imposing.

The armed searches and arrests of the men in October 2017 and May 2018 were the first major offensive against Crimean Solidarity. This important civic organization arose in April 2016 in response to the mounting persecution of Crimean Tatars and other Ukrainians in occupied Crimea. The initiative not only helped political prisoners and their families, but also ensured that information was streamed onto the Internet and in other ways circulated about armed searches, arrests, disappearances and other forms of repression. Given Russia’s crushing of independent media in occupied Crimea, the work that Crimean Solidarity activists and journalists do is absolutely invaluable. It has, however, subjected them to constant harassment, including administrative prosecutions, and, when that has not stopped them, to trumped-up criminal charges.

The charges
The men were essentially accused only of ‘involvement’ in Hizb ut-Tahrir, a peaceful Muslim organization which is legal in Ukraine. In declaring all Ukrainian Muslims arrested on such charges to be political prisoners, the renowned Memorial Human Rights Centre has repeatedly pointed out that Russia is in breach of international law by applying its own legislation on occupied territory. It has, however, also noted that Russia is the only country in the world to have called Hizb ut-Tahrir ‘terrorist’ and the Russian Supreme Court did so in 2003 at a hearing which was deliberately kept secret until it was too late to lodge an appeal.

In occupied Crimea, the Russian FSB are increasingly using such prosecutions as a weapon against civic activists and journalists, particularly from Crimean Solidarity.

Initially, the FSB designated only Asanov as ‘organizer of a Hizb ut-Tahrir group’ under Article 205.5 § 1 of Russia’s criminal code. The other men were all charged with ‘involvement in such an alleged ‘group’ (Article 205.5 § 2). Then suddenly in February 2019 it was announced that Belyalov and Ibragimov were now also facing the ‘organizer’ charge.  The essentially meaningless distinction is reflected in the sentences passed on 16 September, with the difference in sentence between Timur Ibragimov as supposed ‘organizer’ only one year longer than that passed on fellow civic journalist, Seiran Saliyev (accused of being a member of the so-called Hizb ut-Tahrir cell).

All eight men were also charged (under Article 278) with ‘planning to violently seize power’. This new charge also appeared only in February 2019, with no attempt ever made to explain how the men were planning such a ‘violent seizure’. The charge only highlights the shocking cynicism of any such ‘terrorism’ charges when the only things ‘found’ when armed searches were carried out of the men’s homes were books (not even Hizb ut-Tahrir books), no weapons, no evidence of plans to commit violence. Russian prosecutors simply claim that this follows from Hizb ut-Tahrir ideology. Memorial HRC notes that the extra charge is often laid where political prisoners refuse to ‘cooperate with the investigators’. Since all the Crimean Muslims prosecuted in these cases have stated that they are political prisoners and have refused to ‘cooperate’, the extra charge is becoming standard.

‘Evidence’
The prosecution’s case was based on the testimony of Nikolai Artykbayev, a Ukrainian turncoat, now working for the Russian FSB; two secret witnesses whose identity and motives for testifying are known, and the ‘expert assessments’ of three people with no expert knowledge of the subject.

Russia is now using so-called ‘secret witnesses’ in all politically-motivated trials of Crimeans and other Ukrainians. No good reason is ever provided for concealing the alleged witnesses’ identity, and the bad reason can easily be seen in this case where their identity was understood.  Konstantin Tumarevich (who used the pseudonym ‘Remzi Ismailov’) is a Latvian citizen and fugitive from justice who could not risk being sent back to Latvia after his passport expired. It is likely that the FSB realized this back in May 2016 and have used his vulnerable position as blackmail, getting him to testify both in the earlier trial of four Crimean Tatars from Bakhchysarai, and now in this case.

There is a similar situation with Narzulayev Salakhutdin (whose testimony was under the name ‘Ivan Bekirov’).  He is from Uzbekistan and does not have legal documents.

These men gave testimony that in many places was demonstrably false, yet ‘Judge’ Zubairov constantly blocked attempts by the defendants and their lawyers to ask questions demonstrating that the men were telling lies.

As mentioned, the main ‘material evidence’ was in the form of three illicitly taped conversations in a Crimean mosque. These were supposedly understood to be ‘incriminating’ by Artykbayev, although the latter does not know Crimean Tatar (or Arabic) [or] who transcribed them. That transcript, of highly questionable accuracy, was then sent to three supposed ‘experts’: Yulia Fomina and Yelena Khazimulina, and Timur Zakhirovich Urazumetov. Without any professional competence to back their assessments, all of the three ‘found’ what the FSB was looking for.

While the judges also lack such professional competence, they did hear the testimony of Dr Yelena Novozhilova, an independent and experienced forensic linguist, who gave an absolutely damning assessment of the linguistic analysis produced by Fomina and Khazimulina.

This was only one of the many pieces of testimony that the court ignored. Zubairov actually refused to allow a number of defence witnesses to appear and used punitive measures against the defendants and their lawyers.

All such infringements of the men’s rights will be raised at appeal level, although this will also be before a Russian court, with the charges of justice being minimal.

PLEASE WRITE TO THE MEN!
They are likely to be imprisoned at the addresses below until the appeal hearing and letters tell them they are not forgotten, and show Moscow that the ‘trial’ now underway is being followed.

Letters need to be in Russian, and on ‘safe’ subjects. If that is a problem, use the sample letter below (copying it by hand), perhaps adding a picture or photo. Do add a return address so that the men can answer.

Sample letter

Привет,

Желаю Вам здоровья, мужества и терпения, надеюсь на скорое освобождение. Простите, что мало пишу – мне трудно писать по-русски, но мы все о Вас помним.

[Hi.  I wish you good health, courage and patience and hope that you will soon be released.  I’m sorry that this letter is short – it’s hard for me to write in Russian., but you are not forgotten.]

Addresses

Marlen  Asanov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Асанову, Марлену Рифатовичу, 1977 г. р

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Asanov, Marlen Rifatovich, b. 1977]

Memet Belyalov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Белялову, Мемету Решатовичу, 1989 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Belyalov, Memet Reshatovich, b. 1989]

Timur Ibragimov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Ибрагимову, Тимуру Изетовичу, 1985 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Ibragimov, Timur Izetovich, b. 1985]

Server Mustafayev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Мустафаеву,  Серверу Рустемовичу, 1986 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Mustafayev, Server Rustemovich,  b. 1986]

Seiran Saliyev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Салиеву,  Сейрану Алимовичу, 1985 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Saliyev, Seiran Alimovich, b. 1985]

Edem Smailov

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Смаилову,  Эдему Назимовичу, 1968 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Smailov, Edem Nazimovich, b. 1968]

Server Zekiryaev

344010, Россия, Ростов-на-Дону, ул. Максима Горького, 219 СИЗО-1.

Зекирьяеву, Серверу Зекиевичу, 1973 г.р.

[In English:  344010 Russian Federation, Rostov on the Don, 219 Maxim Gorky St, SIZO-1

Zekiryaev, Server Zekievich, b. 1973]

Thanks to Comrades SP and RA for the heads-up. The text has been very lightly edited for readability. || TRR

Beat the Crimean Tatars, Save Russia!

simferopolThe defendants in the Simferopol Hizb ut-Tahrir trial in Rostov-on-Don. Photo courtesy of Crimean Solidarity and Krym.Realii

Numerous Searches Underway in Crimean Tatar Homes in Connection with “Terrorism” Case, Several Men Detained
OVD Info
June 10, 2019

Police have been carrying out numerous searches in the homes of Crimean Tatars in several Crimea towns and villages. One man has been charged with organizing a terrorist organization or involvement in one. This news was reported on the Facebook page of Crimean Solidarity activist Luftiye Zudiyeva and the movement’s official Facebook page.

It is known that four people have been detained. Eldar Kantimirov was taken from the village of Zarechnoye in an unknown direction. According to activists, he was charged with organizing a terrorist organization or involvement in one (Russian Criminal Code Article 205.2). The particulars of the case, like Kantimirov’s whereabouts and his official status in the case, are still unknown. They may have to do with the religious organization Hizb ut-Tahrir, which has been declared a terrorist organization in Russia.

Riza Omerov, who lives in Belogorsk, was taken to FSB headquarters. His sister is married to Rustem Ismailov, a defendant in the Simferopol Hizb ut-Tahrir trial. Omerov has three children. His wife, who is seven months pregnant, has now gone into premature labor.

Ayder Jepparov was detained in the village of Zuya in the Belogorsk District. He was also taken to FSB headquarters.

Eskender Suleymanov was detained in Stroganovka, a village in the Simferopol District. He is the brother of Ruslan Suleymanov, a defendant in the Hizb ut-Tahrir trial. The activist was taken to FSB headquarters in Simferopol.

The homes of Ruslan Mesutov, in the village of Maly Mayak, and Lenur Halilov, chair of the religious community in the village of Izobilnoye, both located in the Alushta District, were also searched.

UPDATE. Ruslan Mesutov has been detained. Like Eldar Kantimirov, he has been accused of involvement in a terrorist organization (Russian Criminal Code Article 205.5 Part 2).

Lenur Halilov has been accused of organizing terrorist activities (Russian Criminal Code 205.5 Part 1).

Ayder Jepparov, Riza Omerov, and Eskender Suleymanov remain in police custody. It is still not known whether they have been charged as part of the criminal case.

A search has also been underway in the home of Enver Omerov, Riza Omerov’s father. FSB officers stopped his car and detained him during the night. OVD Info has been unable to ascertain whether the security forces have released him.

FSB investigator Sergei Makhnev, who has been involved in the case of the second Simferopol Hizb ut-Tahrir group, led the search. Makhnev has already stated Suleymanov’s case would be incorporated into this case.

UPDATE 2. Crimean Solidarity has reported that Riza Omerov, Enver Omerov, Ayder Jepparov, and Eskender Suleymanov were remanded in custody until August 5.

Russia has declared Hizb ut-Tahrir a terrorist organization. Its members have been charged and sentenced to long terms in prison only for gathering at people’s homes, reading religious books, and recruiting new members.

According to numerous experts, Hizb ut-Tahrir was wrongly declared a terrorist organization since its members in Russia have never advocated violence or been involved in terrorist attacks.

_________________________________________________

Rostov: Prosecutors Ask Court to Sentence Simferopol Hizb ut-Tahrir Trial Defendants to 17 Years in Prison
Krym.Realii
June 10, 2019

Our correspondent reports the prosecution in the first Simferopol Hizb Ut-Tahrir trial has asked the North Caucasus Military District Court in Rostov-on-Don to sentence the defendants to long terms in prison camps.

The prosecutor asked that Teimur Abdullayev be sentenced to 17 years, Rustem Ismailov, to 13 years, Uzeir Abdullayev and Ayder Saledinov, to 12 years, and Emil Jemadenov, to 12 years.

On October 12, 2016, five homes in Crimea were searched by police and security services. Consequently, the five men currently on trial in Rostov-on-Don were detained and charged with involvement in Hizb ut-Tahrir, an organization that was banned in Russia and Crimea, which Russia occupied in 2014.

On December 6, 2018, it transpired the five men had been transferred to a remand prison in the Russian city of Rostov-on-Don.

On February 19, 2019, a secret witness was interrogated during a hearing of the Simferopol Hizb ut-Tahrir case by the North Caucasus Military Court in Rostov-on-Don.

Hizb ut-Tahrir, an international Islamic political organization, says its mission is to unite all Muslim countries in an Islamic caliphate, but it rejects terrorism as a means of attaining their goal. They claim they have been unjustly persecuted in Russia and Crimea, which was occupied by Russia in 2014.

The Russian Supreme Court banned Hizb ut-Tahrir in 2003, placing it on a list of organizations deemed “terrorist.”

Defenders of the Crimeans convicted and arrested in the Hizb ut-Tahrir case argue they have been persecuted on religious grounds. Lawyers note that, while it has mainly been Crimean Tatars who have been persecuted by Russian law enforcement as part of the case, Ukrainian, Russians, Tajiks, Azeris, and non-Tatar Crimeans who practice Islam have also been persecuted.

International law forbids an occupying power from enforcing its own laws in occupied territory.

Translated by the Russian Reader