Prosecutor Asks for Life in Prison for Four Defendants in Petersburg Show Trial

KMO_158163_00033_1Shohista Karimova. Photo courtesy of Fontanka.ru

Court Asked to Sentence Some Defendants in Petersburg Subway Bombing Case to Life in Prison
Mediazona
November 18, 2019

The prosecutor has asked the court to sentence some of the defendants in the 2017 Petersburg subway bombing case to life in prison, our correspondent has reported from the courtroom.

The prosecutor [Nadezhda Tikhonova] asked the court to sentence Akram Azimov, Abror Azimov, Ibrahimjon Ermatov, and Muhamadusup Ermatov to life imprisonment in a high-security penal colony and fines of one million rubles [approximately 14,000 euros] each. She asked the court to sentence Sodik Ortikov to 28 years in a maximum-security penal colony and a fine of one million rubles. She requested sentences of 27 years in a maxium-security penal colony and fines of one million rubles each for Mahamadusuf Mirzaalimov, Azamjon Mahmudov, Seifulla Hakimov, Bahrom Ergashev, and Dilmurod Muidinov.

Defendant Shohista Karimova had a nervous breakdown during the hearing, which led to a thirty-minute recess. After the recess, Karimova refused to return to the courtroom, screaming and resisting attempts to make her move. Consequently, the hearing was postponed until tomorrow.

Convening in Petersburg, the Moscow District Military Court began hearing the case on April 2, 2019. All the defendants pleaded not guilty, and four of them said they had been brutally tortured. On April 17, 2017, an explosion occurred on a subway train traveling between the stations Sennaya Ploshchad and Tekhnologichesky Institut. Sixteen people were killed, and another fifty [sic] people were injured.

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Yana Teplitskaya
Facebook
November 18, 2019

Today, the state prosecutor announced her wishes in the Petersburg subway bombing case: life imprisonment for four of the defendants (the Azimov brothers and the Ermatov brothers), and between 27 and 28 years in prison for all the other defendants, except Shohista Karimova. (The prosecutor will request a sentence for her tomorrow.)

And she asked that all the defendants be fined a million rubles each.

Most likely, the sentences handed down by the court will not differ greatly from the prosecution’s wishes. (Maybe the more uproar there is now, the greater the difference will be.)

Most likely, the verdict will be upheld on appeal.

Most likely, someday this case (like hundreds of others) will be reviewed, and the convicted defendants exonerated.

I’d like to live to see the day when that happens. And for the accused and their loved ones to live to see it, too.

http://3apr2017.tilda.ws/#court

Translated by the Russian Reader. Please read my previous posts on the terrorist attack, the case against its alleged planners, its roots in the Islamophobia that has infected Russia under Putin, and the shocking lack of local and international solidarity with the thirteen defendants in the case:

Yana Teplitskaya: Can Torture Be Endured?

buch stele“We shall never forget the memory of the heroes who fell in battle to liberate humanity from the yoke of fascism.” A nearly effaced Soviet war memorial in Berlin-Buch, June 1, 2019. Photo by the Russian Reader

Yana Teplitskaya
Facebook
June 1, 2019

In a recent radio broadcast, Ekaterina Schulman talked about torture in the Network case. She told listeners what she thought people should do if they were tortured by the FSB. They should do everything they are told to do, remember exactly what happened to them, and go public with the story of their torture.

“If you are subjected to physical force, say everything they want you to say. Don’t try and be a hero under any circumstances. That is not the task at hand. The task at hand is to remember as much as possible of what happened to you and tell people about it. You can recant your testimony in court. You can tell your defense lawyer what happened to you. The task at hand is to publicize what happened. It is the only tool you have at your disposal,” she said.

I was quite surprised by this way of stating the matter. It is hard to remember, but a year and half ago or so I used to give the same advice myself. Nowadays, on the contrary, I don’t think it is very good advice. It could even be harmful. I would argue it is based on several misapprehensions.

1. Torture Cannot Be Endured

This is not necessarily true. The Tosno policemen tasered by FSB officers did not confess. Nor did Pavel Zlomnov sign a confession.

Sometimes, torturers give up torturing their victims for some reason. This what happened to Dilmurod Muidinov, a defendant in the Petersburg subway bombing case.

Sometimes, torture can be endured. Sometimes, it cannot.

It’s also not clear what it is meant by the word “endure.” The accounts I read suggest people always attempt to conceal something from their torturers even when they have given in, as it were. In fact, they try and reduce the potential harm of the words they are made to say when they are being tortured. They fight over the wording of their “confessions” and barter over it as much as they are able.

I don’t know what happened during Igor Shishkin’s 24-hour interrogation, but I am certain it would not have lasted so long if Igor had just signed the statement the FSB field officers wanted him to sign.

Dmitry Pchelintsev has spoken at length about how he tried to change the wording of his statement, given under duress, when talking to the FSB investigator, how he spun his initial statement.

The FSB often tortures people in one place and interrogates them for the first time in another place. When they are tortured, people agree to sign anything whatsoever. During the first interrogation, however, they try and deny their guilt. At this point, it is sometimes enough for the investigator and state-appointed defense counsel to make it clear to a person they are on the same side as the torturers, and for field officers to suggest they will torture the person again in order to persuade them to give in.

Sometimes, this works: this was what happened to Viktor Filinkov and Akram Azimov. Sometimes, it doesn’t, as in the case of Sergei Laslov and Ilya Shchukin, the Tosno policemen.

2. You can recant the testimony you signed under torture

No, you cannot! Of course, you can try and prove you were tortured, which is almost impossible in practice. But the statement you signed stays in the case file all the same. The court can deem it proof of your guilt and the guilt of the people against whom you were forced to testify, even if you recant your testimony.

Nor it is clear where you will find a lawyer who, after hearing your account of being tortured, will take all the necessary legal steps to make your going public pay off. Ilya Shakursky, for example, told his lawyer that he had been tortured, but it was pointless.

3. Publicity is your savior

This is not obviously the case.

If you don’t talk publicly about being tortured, you will get a lighter sentence. If you talk about it publicly, you can be charged with new crimes, as happened in the cases of Pavel Zlomnov and Igor Salikov. You can be charged under more serious paragraphs of the Criminal Code for the same crimes, as in the case of Network defendants Ilya Shakursky and Dmitry Pchelintsev. You can be tortured again, as happened to Pchelintsev. You can be threatened, as happened to Viktor Filinkov. Your loved ones can be threatened and intimidated, as happened to Zlomnov and the Azimov brothers.

The arsenal the torturers have at their disposal is endless.

Nor it is guaranteed you will draw attention to your case by going public. Or, at any rate, that you will draw enough attention to your case to shut down the legal nihilism unleashed against you.

An example of this is the Petersburg subway bombing investigation and trial, which have taken place in nearly total media and public silence, despite public statements by three of the defendants that they were tortured in a secret FSB prison.

Translated by the Russian Reader