Three Years in Prison for Touching a Policeman’s Helmet

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Kirill Zhukov was sentenced to three years in prison for touching a Russian National Guardsman’s helmet. Photo by Yevgeny Razumny. Courtesy of Vedomosti

Number of Guilty Verdicts in the Moscow Case Reaches Five
Anastasia Kornya and Svetlana Bocharova
Vedomosti
September 5, 2019

On July 27, 2019, during an “unauthorized” rally in support of independent candidates to the Moscow City Duma, Kirill Zhukhov raised the visor of a helmet worn by a Russian National Guardsman. Yesterday, September 4, he was found guilty of violence towards a government official, as punishable under Article 318.1 of the Russian Criminal, and sentenced to three years in a medium-security prison colony. The verdict said that Zhukov, acting intentionally and fully aware he was dealing with a government official who was performing his duties, struck him a single blow to the head with his left hand in an attempt to tear off the helmet, causing the victim physical pain.

State investigators conducted a special forensic test establishing, allegedly, that even a slight, upward blow with the hand to the helmet’s visor causes the head to tilt back and the strap to make full contact with the skin in the chin area [sic].

Zhukhov, on the contrary, tried to prove he had only waved his hand in front of the guardsman’s visor since he wanted to draw his attention to a woman injured during the rally. But the court reacted to his testimony “critically.” As the judge explained, Zhukhov’s purpose in testifying in this way had been to mitigate the severity of his crime.

On Wednesday, the Meshchansky District Court sentenced Yevgeny Kovalenko to three and a half years in a medium-security prison colony. He was found guilty of violence against two law enforcement officers. Allegedly, he pushed one of the officers and threw a garbage can at the other.

“Fully cognizant that the man before him, Tereshchenko, was performing his duties, [Kovalenko] pushed him on the right side of the torso with both hands, causing him to lose balance and fall from the height of his own height [sic] on the granite steps and experience physical pain,” the verdict stated.

Continuing to act with criminal intent, Kovalenko grabbed National Guardsman Maxim Saliyev by the body armor with both hands, abruptly pulling him and dragging him towards himself and thus causing him physical pain. After Tereshchenko pushed Kovalenko away, Kovalenko grabbed a trash receptacle and threw it at the guardsmen, hitting Saliyev in the lower back. According to the verdict, the guardsman experienced not only physical pain when falling but also emotional suffering since, at that moment, he remembered he had to perform his duties [sic].

During the trial, Kovalenko explained he had not intended any harm. He had only tried to frighten off policemen who were beating up protesters. However, the judge said the court was skeptical of his claims. They were refuted by the evidence in the case file and were an attempt to avoid punishment.

“The court notes the consistent and purposeful nature of the defendant’s actions, testifying to his criminal intent to employ violence,” the verdict stated.

The judge emphasized that arguments about police misconduct could not be considered during the trial and were not evidence of the defendant’s innocence.

Kovalenko’s defense counsel Mansur Gilmanov pointed out that the crime with which his client had been charged was a crime against the normal functioning of government. It thus followed that beating up peaceful protesters was one way in which the government normally functioned, he argued.

Svetlana Bayturina, Zhukov’s lawyer, called the sentence handed down to her client unprecedentedly severe: usually, such cases had resulted in fines for defendants or, at most, suspended sentences. The speed with which the case was investigated and tried was also unprecedented: the investigation took three days; the trial, one. Bayturina promised the defense would appeal the verdict and intended to take the case all the way to the European Court of Human Rights in Strasbourg.

This was the second “judgment day” for arrested protesters. The day before, blogger Vladislav Sinitsa was sentenced to five years in prison for posting a tweet the prosecution had described as a call to harm the children of law enforcement officers. Technician Ivan Podkopayev was sentenced to three years in prison for spraying pepper spray in the direction Russian National Guardsmen, while businessman Danila Beglets was sentenced to two years in prison for grabbing a policeman’s arm. Their cases were tried under the special procedure: neither man denied his guilt.

Gilmanov noted there was no significant difference between the sentences given to defendants who made deals with the prosecution and those handed down to defendants who pleaded not guilty. This testified to the fact the verdicts were political. The sentences were decided by more senior officials and legal nuances did not matter much, he argued.

Protesters arrested and charged under Article 318.1 after a similar “unauthorized” rally in Moscow on March 26, 2017, were given much lighter prison sentences, between eight months and two and a half years. For example, Stanislav Zimovets, convicted of throwing a brick that hit a riot police commander in the back, was sentenced to two years and six months in prison, while Dmitry Krepkin, who kicked a riot policemen’s hip or his billy club, was sentenced to eighteen months in prison. Only Andrei Kosykh, convicted of punching one policeman’s helmet and kicking another policeman in the neck and lower jaw, was sentenced to three years and eight months in prison, but he was convicted under Article 318.2, which covers violence that could result in death or grievous bodily harm.

The sentences in the so-called Moscow case have been roughly the same as those handed out in the Bolotnaya Square Case in 2012, only this time the protesters had not resisted law enforcement officers at all, political commentator Alexei Makarkin noted. According to him, the sentences in the current cases were dictated by the new rules of the game.

“Whereas before if someone hit a policemen in the teeth and damaged the enamel, he would do hard time, now people are getting similar, slightly shorter sentences for lifting the visors on riot policemen’s helmets, while people who grabbed a policemen by the arms are getting two years in prison,” Makarkin said.

In the Bolotnaya Square Case, the official charges looked more serious, Makarkin argues. The confrontation on the square was much rougher. In some ways, it harked back to the 1990s, when people fought with policemen without incurring such long sentences, he noted.

“The Bolotnaya Square Case marked a new phase. We realized the state had made it a rule that if you raised your hand against a police officer, you would go to jail. If a policeman raised a hand against you, he would be commended,” Makarkin said.

This time, the security forces also wanted to punish a certain number of people, but they failed to put together a new Bolotnaya Square case.

“So they decided anyone who had raised their hand and somehow touched a policeman should go to jail. But since they failed to dig up anything serious, they chose from what they had to work with,” Makarkin said.

Translated by the Russian Reader

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Two Years Hard Time for Grabbing a Policeman by the Arm

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Prisoners of the Article 212 Case
Facebook
September 3, 2019

Yet another guilty verdict and yet another hefty prison sentence.

A court has found Danila Beglets guilty and sentenced him to two years in a medium-security penal colony. Beglets was accused of grabbing a policeman by the arm when the latter was detaining protesters.

Beglets has two small children. He is a businessman and the only breadwinner in his family.

Photo of Danila Beglets and his family courtesy of Prisons of the Article 212 Case. Translated by the Russian Reader

P.S. Ivan Podkopayev, another defendant in the Article 2012 case, was found guilty earlier today. He was sentenced to three years in a penal colony for, allegedly, spraying pepper spray in the direction of police officers.

P.P.S. Not all the news from the Article 212 Case was bad. Criminal charges against defendants Daniil Konon, Sergei Abanichev, Vladislav Barabanov, and Valery Kostenok were dropped today.

Prisoners of the Article 212 Case

Our Common Cause
The criminal investigation of the “riot” on July 27, 2019, in Moscow is absurd. The frame-up has been concocted by Russian law enforcement authorities in plain view. All of the people charged in the case are innocent.

We demand that the authorities drop the case.

What Is the Article 212 Case?
On July 27, 2019, thousands of people took to the streets of Moscow to protest the invalidation by the Moscow City Elections Commission of the signatures of thousands of Muscovites in support of independent candidates for the Moscow City Duma, who were consequently barred from standing in the September 8 elections. The peaceful protest was marred when police and other security forces detained 1,373 protesters, an unprecedented number, and injured 77 protesters.

On July 30, 2019, the Russian Investigative Committee launched a criminal investigation of the events of July 27, 2019, under Article 212 of the Russian Criminal Code, which means the authorities want everyone to believe the peaceful protest was a “riot.”

At present, 13 people have been arrested in the case. All of them have been remanded in custody and faced three to eight years in prison if they are convicted as charged.

The Prisoners

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Sergei Abanichev
25, manager
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2 (“involvement in rioting”). According to investigators, Abanichev threw a tin can at a police officer on July 27.

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Vladislav Barabanov
22, grassroots activist from Nizhny Novgorod
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2. Barabanov is accused of “directing” protesters on Petrovsky Boulevard on July 27.

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Danila Beglets
27, self-employed
Arrested: August 9, 2019
Charges: Russian Criminal Code Article 212.2
Remanded in custody until October 9, 2019.

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Aydar Gubaydulin
25, graduate of the Moscow Institute of Physics and Technology
Arrested: August 9, 2019
Charges: Russian Criminal Code Article 212.2

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Yegor Zhukov
21, student, Higher School of Economics
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2. Zhukov is accused of directing the crowd on August 27 by “pointing to the right.”
Moscow’s Presna District Court remanded Zhukov in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

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Kirill Zhukov
28, studied physics, engineering, and psychology at university
Arrested: August 4, 2019
Currently jailed in Remand Prison No. 4.

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Daniil Konon
22, student, Bauman School
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2
Currently jailed in Matrosskaya Tishina Remand Prison.

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Yevgeny Kovalenko
48, railroad security guard
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2 and Article 318
On August 5, the court remanded Kovalenko in custody for two months. He and his legal counsel will appeal the ruling at a hearing scheduled to take place at Moscow City Court, Room 327, at 11:10 a.m. on August 22.

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Alexei Minyaylo
34, entrepreneur, volunteer
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2
Currently jailed in Matrosskaya Tishina Remand Prison.

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Ivan Podkopayev
25, technician
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212
Currently jailed in Matrosskaya Tishina Remand Prison.

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Samariddin Radzhabov
21, construction worker
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212, Article 30.3 (“Preparations for a crime, and attempted crimes”), Article 318.1
Remanded in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

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Sergei Fomin
36, self-employed
Arrested: August 8, 2019
Charges: Russian Criminal Code Article 212.2

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Valery Kostenok
20, student, Moscow State University of Design and Technology
Arrested: August 12, 2019
Charges: Russian Criminal Code Article 212.2. Kostenok is accused of tossing two empty plastic bottles towards the police on July 27.
Currently jailed in Remand Prison No. 5 (Vodnik).

Our job is protecting innocent people from the lawlessness of Russia’s law enforcement agencies.

Our Team
We are a pressure group, established by activists, and friends and relatives of people who were detained by police in the aftermath of grassroots protests during July and August 2019 in order to coordinate assistance to protesters charged with felonies.

Our goal is to help the people arrested in the Article 212 Case and their families and friends, publicize the criminal prosecution of the protesters, and encourage other forms of solidarity and support.

We want to make everyone recognize there was no “riot” on the streets of Moscow on July 27, 2019.

We seek the release of everyone wrongfully prosecuted by law enforcement and the courts.

We want to see human rights honored and observed.

We are:

  • Armen Aramyan, graduate student at the Higher School of Economics, editor of the independent student magazine DOXA
  • Alexandra Krylenkova, civil rights activist
  • Nikita Ponarin, student at the Higher School of Economics, grassroots activist
  • Roman Kiselyov, civil rights activist
  • Maria Chernykh, co-founder, Verstak Design Bureau

And many, many others.

How Can I Help?

  • Sign the petition on the Article 212 Case, as launched by Novaya Gazeta on Change.org.
  • People in jail are cut off from the outside world. Letters are nearly their only connection to life, so you can write letters to the prisoners. If you don’t want to write and send a paper letter, you can send an electronic letter via FSIN-Pismo and RosUznik.
  • We are recruiting volunteers and organizing the systematic delivery of care packages to each prisoner in our chat room on Telegram.
  • Attend court hearings in the case: this is a really good way to support the prisoners. We will be publishing the schedule on Facebook, VK, and Telegram, as well as on this website.
  • If you want to join the campaign and you have ideas and the energy to support the prisoners and their loved ones, write to us on our chatbot.

What About Money?
Prisoners of the Article 212 Case is a volunteer project. We realize, however, that the people jailed in remand prisons need care packages, and their families need assistance. This costs money, sometimes at short notice, and that is why we are launching a campaign fundraiser in the coming days.

Sign up for our mailing list and we will send you an email when the fundraiser is launched.

Our support of the Article 212 Case prisoners and their loved ones would be impossible without our friends from OVD Info, Moscow Helsinki Group, and Team 29.
You can contact the project team on our chatbot.
Design
Visual identity: Sergei Tidzhiev
Website: Irina Nikolaeva

Source: delo212.ru. Translated by the Russian Reader