FSB May Have Used Neo-Nazi Provocateur to Frame Network Suspects

Russian Security Services May Have Used Agent Provocateur to Frame Up Antifascists
People and Nature
January 31, 2019

Antifascists have launched an international campaign to defend Russian activists who have been arrested, tortured in detention, and charged with terrorism-related offences in the Network case.

The Federal Security Service (FSB) claims that 11 people arrested in St Petersburg and Penza were part of an underground terrorist group seeking to sow disorder ahead of the 2018 Russian Presidential elections and the football World Cup.

Several of the detainees have described in detail how they were tortured by the FSB. For example, Viktor Filinkov described how he was tortured with an electric shocker after being detained at St. Petersburg’s Pulkovo Airport in January 2018. Filinkov stated that FSB officers put him in a minivan, and then drove him around the city while torturing him into learning a forced confession.

pan-antifaDemonstrators showing their solidarity with Network defendants on January 19, 2019, in London. Photo courtesy of People and Nature

The quasi-official St. Petersburg Public Monitoring Commission has compiled evidence of torture, and the issue was raised at a meeting of the Kremlin’s own Presidential Council for Civil Society and Human Rights. Nevertheless, preparations for what the defendants and their families describe as a show trial continue.

On 19 January, demonstrations in solidarity with the defendants were held in Moscow, St. Petersburg, Kyiv, London, and other European and North American cities. (Information on the London event here and here.)

On 17 January, defendant Igor Shishkin received three and a half years for involvement in a terrorist organization. Shishkin admitted his guilt and came to a pretrial agreement with the investigation. Most other defendants have renounced their confessions, citing the fact that they were tortured by FSB officers.

The following article, by Tatyana Likhanova of the independent Russian newspaper Novaya Gazeta, describes the use of what appears to be an agent provocateur in the Network case. This agent, who attended the same sports club as one of the case investigators in Penza, previously gave information to Ilya Shakursky, one of the defendants, and appears to have encouraged Shakursky to take radical action. We translated it with the author’s permission.

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Following the conviction of Igor Shishkin, his lawyer Dmitry Dinze published several extracts from the case materials in a Facebook post. According to the post, a certain “V.I. Kabanov (an agent who possesses audio files of conversations with members of the Network)” features on the list of witnesses who testified against the defendants.

Ilya Shakursky, one of the Penza-based defendants in the Network case, reported that this agent came into contact with the antifascists previously, in a statement made last April. Having introduced himself as “Vlad Dobrovolsky,” the agent encouraged them to take radical measures against the Russian authorities and engage in violent acts against law enforcement officials. Shakursky’s statement was given to Senior Investigator Valery Tokarev and attached to the case files. But this evidence was not verified by law enforcement.

At a recent court hearing on the extension of pretrial custody for Shakursky, the following statement by the defendant was read out by the presiding officer (the session was open to the public, and journalists made audio recordings):

In autumn 2016, I met a young man named Vlad Dobrovolsky on the VKontakte social network [a Russian network similar to Facebook]. His name and surname may not be real. He was of an average height, with short dark hair, a beard, and strong build. I can identify him. I also know that he was studying at Penza State University. Vlad had given me important information about upcoming attacks by neo-Nazis on antifascist events. According to him, he did it because of a personal grudge against the Penza Nazis.

He also told me that some neo-Nazis maintained close relations with officers from the counter-extremism department, who, in turn, do not prevent the organisation of neo-Nazi events (tournaments, meetings, concerts).

Vlad found out later that I play airsoft, and offered to give me a few training sessions on tactics. At one of his training sessions, he showed me his Wild Boar firearm.

Later, he told me that a radical neo-Nazi organisation operates in Siberia; its aim is to fight for the autonomy of Siberia. As a committed antifascist, I felt it was my duty to learn more about this organization in order to expose it later on by writing articles in the media. That is why I deliberately misled Dobrovolsky when I spoke about my views and supported his proposals. My goal was to gain his trust to learn more about the neo-Nazis.

In spite of his constant requests to meet, I rarely met Vlad. Communication with him was not a priority for me. I was busy with my studies and my personal life. At the last meeting in summer 2017, he talked about his desire to move on to radical action and try to make an explosive device. I thought he was a crazy fanatic and stopped talking to him, ignoring his calls.

In court, Shakursky clarified that the man called “Dobrovolsky” is known in Penza as a neo-Nazi.

Novaya Gazeta found a user with the same name on the Ask.fm social network. His jokes in the comments have a nationalist flavor.

Talking with relatives during breaks, Shakursky also said that he recorded conversations with Vlad on his smartphone. He also saved the correspondence with him and photographs of “Dobrovolsky” from several meetings (a friend of Shakursky’s, at his request, photographed them secretly).

pan-shakurskyIlya Shakursky

Law enforcement confiscated the smartphone and computer. According to Shakursky, the investigating officers showed his correspondence with “Dobrovolsky” to Dmitry Pchelintsev, another defendant, but this correspondence is not in the file. As for the audio recordings, they were added to the case file, but with omissions that allow the remaining phrases to be used against the defendants. The defense has no access to the original records, since Shakursky’s electronic devices remain in the possession of the investigation.

pan-pchelintsevDmitry Pchelinstev

When Ilya’s acquaintances showed a photo of “Dobrovolsky” to students at Penza university, they recognized a Penza State University student called Vlad Gresko. As Novaya Gazeta has noted, on Ask.fm, people address user wlad8 as “Gres.” Web searches revealed yet another coincidence: “Dobrovolsky” trains at the same sport club as investigator Valery Tokarev. Both appear in pictures on the zavod58_sport_club online community.

During breaks in court hearings, Shakursky also managed to report that, after one of his meetings with Vlad, a sporty-looking man came up to him on the street and tried to provoke a fight. Subsequently, after his arrest, Shakursky saw this same man in the FSB office. The man turned out to be Dmitry N., an investigating officer with the Penza branch office of the FSB.

According to Shakursky, the officer “listened to Nazi bands […] and talked to officer Shepelev about his desire to ‘shoot shavki’ [Russian neo-Nazi slang for antifascists – Novaya Gazeta]. I pretended that I did not recognize him.”

Indeed, according to Shakursky’s statement on torture, it was Captain Shepelev who subjected Shakursky to torture in an effort to force him to confess to terrorism charges. During a court session break, Shakursky said:

This man [Shepelev] participated in my torture and the torture of Dima [Dmitry Pchelintsev, another defendant]. He threatened to rape me. […] When the human rights ombudsperson [Elena Rogova] visited us, which was a while ago, when Dima and I couldn’t see each other, she asked me to draw the locations [in investigation detention] where I had been tortured. I drew them. In the office next door, Dima drew the same thing. She compared them, and it was the same place. Although I was not being kept there officially [according to the Military Investigative Commission’s investigation into the claims of torture – Novaya Gazeta].

There were three people there — Shepelev held me down, tied me up with black tape. [….] I was wearing only my underwear. He took my underwear off and said he was going to rape me.

Elena Bogatova, Shakursky’s mother, told journalists that when law enforcement searched her son’s apartment, officers went straight to a hole under the kitchen window. There, they found “an improvised explosive device camouflaged as a fire extinguisher”. When Shepelev ordered officers to look under the couch, a pistol was found.

The initial forensic test did not find any DNA or fingerprint traces belonging to Shakursky on these items. Then, after Shakursky gave a saliva sample, a second test was conducted. This test showed traces of Shakursky’s DNA on a piece of electrical tape stuck to the explosive device. But, as Elena Bogatova recalls, and photographs of the search confirm, after the device was found, it was left on the apartment floor for a period of time. Given that Shakursky had lived there for a significant period of time, there were bound to be traces of his DNA.

According to Bogatova, Captain Shepelev also tried to force her to give a “correct comment” to the television channel NTV when they interviewed her. She was advised not to deny the existence of a terrorist organization and not insist on her son’s innocence. Otherwise, Bogatova says, Shepelev threatened he would spread rumors in prison that her son was a pedophile.

■ A cash appeal to support the Network case defendants (for legal expenses and support of their families), initiated by the organizing committee for the 19 January demonstration in London, will close in nine days’ time on 8 February. It has raised more than £3000, surpassing the original target of £2000. But we are making a final push to try to hit £4000. You can see the details, and donate, here.

Thanks to Gabriel Levy for permission to republish the article. It has been edited very lightly to conform with our style guide. {TRR}

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What can you do to support the Penza and Petersburg antifascists and anarchists who have been tortured and imprisoned by the Russian Federal Security Service (FSB)?

  • Donate money to the Anarchist Black Cross via PayPal (abc-msk@riseup.net). Make sure to specify your donation is earmarked for “Rupression.”
  • Spread the word about the Network Case aka the Penza-Petersburg “terrorism” case. You can find more information about the case and in-depth articles translated into English on this website (see below), rupression.com, and openDemocracyRussia.
  • Organize solidarity events where you live to raise money and publicize the plight of the tortured Penza and Petersburg antifascists. Go to the website It’s Going Down to find printable posters and flyers you can download. You can also read more about the case there.
  • If you have the time and means to design, produce, and sell solidarity merchandise, please write to rupression@protonmail.com.
  • Write letters and postcards to the prisoners. Letters and postcards must be written in Russian or translated into Russian. You can find the addresses of the prisoners here.
  • Design a solidarity postcard that can be printed and used by others to send messages of support to the prisoners. Send your ideas to rupression@protonmail.com.
  • Write letters of support to the prisoners’ loved ones via rupression@protonmail.com.
  • Translate the articles and information at rupression.com and this website into languages other than Russian and English, and publish your translations on social media and your own websites and blogs.
  • If you know someone famous, ask them to record a solidarity video, write an op-ed piece for a mainstream newspaper or write letters to the prisoners.
  • If you know someone who is a print, internet, TV or radio journalist, encourage them to write an article or broadcast a report about the case. Write to rupression@protonmail.com or the email listed on this website, and we will be happy to arrange interviews and provide additional information.
  • It is extremely important this case break into the mainstream media both in Russia and abroad. Despite their apparent brashness, the FSB and their ilk do not like publicity. The more publicity the case receives, the safer our comrades will be in remand prison from violence at the hands of prison stooges and torture at the hands of the FSB, and the more likely the Russian authorities will be to drop the case altogether or release the defendants for time served if the case ever does go to trial.
  • Why? Because the case is a complete frame-up, based on testimony obtained under torture and mental duress. When the complaints filed by the accused reach the European Court of Human Rights in Strasbourg and are examined by actual judges, the Russian government will again be forced to pay heavy fines for its cruel mockery of justice.

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If you have not been following the Penza-Petersburg “terrorism” case and other recent cases involving frame-ups, torture, and violent intimidation by the Russian Federal Security Service (FSB) and other arms of the Russian security state, read and share the articles the Russian Reader has posted on these subjects.

Oleg Sentsov: “Catastrophically Bad”

DSCN0173Dmitry Dinze is Oleg Sentsov’s lawyer. Oleg Sentsov is the Ukrainian filmmaker and political prisoner who has been on hunger strike for eight-six days in the Polar Bear Maximum Security Penal Colony in Labytnangi, Yamalo-Nenetsk Autonomous District, Russian Federation. His only demand has been that the Kremlin release the sixty-four other Ukrainian political prisoners currently held in Russian prisons.

Late last night, Mr. Dinze, one of Russia’s best human rights and criminal defense lawyers, wrote“I’m no fan of rumors, of course. I find facts more interesting, even better, confirmed facts, but in this case the circumstances are different. According to diplomats who have been in contact with Russian officials on resolving the issue of Oleg Sentsov, they have no intention of releasing Sentsov. They are thinking his death should be a lesson to other inmates. If this is true, I don’t know what to say.”

Natalya Kaplan
Facebook
August 8, 2018

Things are not just bad, they are catastrophically bad. Oleg sent me a letter via his lawyer. He almost cannot stand up anymore. He wrote the end was near, and he was not talking about being released from prison. He asked whether anyone was still interested in his hunger strike: he is not given the letters sent to him, none of them. He said was in a news vacuum and had no idea what was happening.

The European Court of Human Rights insisted he be transferred to a civilian hospital, one close to his place of residence. Oleg refused. He said he would simply not survive the trip, and he had been bullied even more in the civilian hospital in Labytnangi, where he was hospitalized in the intensive care ward, than he had been in the prison hospital.

That’s Russia for you. I have no clue what else we can do and how we can save him. Things are really bad.

Natalya Kaplan is Oleg Sentsov’s cousin. Thanks to Yana Teplitskaya for the heads-up. Translation and photo by the Russian Reader

“He’s Lost Fifteen Kilos on the Hunger Strike”: Oleg Sentsov’s Cousin Visits Filmmaker in Prison

oleg

“Oleg has been on hunger strike for 52 days and 20 hours.”

“He Has Lost Fifteen Kilos during the Hunger Strike”: Oleg Sentsov’s Cousin Visits Filmmaker in Prison
Novaya Gazeta
July 5, 2018

Natalya Kaplan, cousin of Ukrainian filmmaker Oleg Sentsov, has visited him at the Polar Bear Penal Colony in Labytnangi, reports Gromadskoe.

“I met with Oleg. We chatted for two hours. It was a short visit. Oleg, who is 190 centimeters tall, now weighs 75 kilos. He has lost 15 kilos during the hunger strike,” said Ms. Kaplan.

According to her, Mr. Sentsov’s health is currently listed as satisfactory. His lab results are not good, but “there is nothing critical.”

“Yesterday, he felt quite sick. Today, he was fine. He came to the meeting on his own. He feels worse in the evenings. He says he now has a much easier time of it. The first three weeks of the hunger strike were the most agonizing period. He has been getting IVs now. He would not survive without them. He has no plans of ending the hunger strike. His outlook is optimistic. He believes what he is doing has a purpose. And he believes he will win,” said the filmmaker’s cousin.

Kaplan added that Sentsov has asked the public not to visit him in prison, but to visit the other political prisoners for whom he has been fighting.

Mr. Sentsov was convicted in Russia on charges of planning terrorist attacks in Crimea. He has been on hunger strike since May 14, demanding the Russian authorities release all Ukrainian political prisoners in their custody except him. Many Russian and international cultural figures and human rights activists have voiced their support for him.

In recent weeks, the Russian and Ukrainian sides have been trying to agree on a prisoner exchange and iron out a schedule of visits to penal colonies. Lyudmila Denisova, the Verkhovna Rada’s human rights ombudsman, has voiced Ukraine’s willingness to implement an exchange of twenty-three prisoners from each side.

Thanks to Dmitry Dinze and Askold Kurov for the heads-up.

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Here is what Novaya Gazeta omitted from the original article as published on the Gromadskoye website.

[…]

Natalya Kaplan told Oleg that Emir Hussein Kuku had joined his hunger strike and about the demonstrations supporting him.

“He is really grateful there have been so many rallies in his support, that people have not given up and keep on fighting. At the same time, however, he is quite disappointed very little attention has been paid to the other political prisoners. He thinks that if he alone were released, it would be a complete failure,” she said.

[…]

“In particular, he asked Ombudsman Denisova, Father Kliment, the independent doctors, and consular officials who have tried to visit him to go visit the other political prisoners, so that no one forgets them,” said Ms. Kaplan.

[…]

According to her, he has television for entertainment, and he has also been writing and editing his old diary entries. He asks that no more books be sent to him. He has lots of books as it is.

It has transpired the former so-called prosecutor of Russia-annexed Crimea, Natalia Poklonskaya, was involved in Mr. Sentsov’s illegal trial in the Russian Federation, during which he was sentenced to twenty years in prison.

On June 29, Mr. Sentsov’s attorney, Dmitry Dinze, reported Mr. Sentsov was in the prison infirmary, but his condition was stable.

Mr. Dinze also reported Russia had received two requests to pardon Mr. Sentsov.

On June 15, Ms. Denisova was not allowed to see Mr. Sentsov. Subsequently, Ms. Denisova was also not allowed to see Ukrainian political prisoner Mykola Karpyuk, imprisoned in the Russian city of Vladimir.

On June 21, the Ukrainian Embassy in Russia demanded Ms. Denisova be granted priority access to the prisons where political prisoners Oleg Sentsov, Stanislav Klykh, Alexander Kolchenko, and Vladimir Balukh have been incarcerated.

On June 21, Ukrainian President Petro Poroshenko again talked on the phone with Russian President Vladimir Putin, urging him to release the Ukrainian political prisoners.

The ambassadors of the G7 countries have expressed deep concern about the circumstances of Mr. Sentsov and the other Ukrainian political prisoners incarcerated in Russia.

On June 14, the European Parliament passed a resolution demanding the immediate release of Mr. Sentsov and the Kremlin’s other Ukrainian political prisoners.

On June 19, President Putin’s press secretary, Dmitry Peskov, said the Kremlin’s position on Mr. Sentsov had not changed after an appeal to release him was made by prominent Russian cultural figures.

Sixty-four Ukrainian political prisoners are currently being held in Russia and annexed Crimea, twenty-seven of them in Russia proper. Fifty-eight of them were either arrested in Crimea or arrested on charges involving Crimea. These numbers do not take into account the currently held in the self-proclaimed Republics of Donetsk and Luhansk.

Translated by the Russian Reader. Image courtesy of Gromadskoye

 

The Very Model of a Modern Major General

General Moskalkova and Human Rights
Igor Yakovenko’s Blog
June 29, 2018

Tatyana Moskalkova, Russia’s human rights ombudsman and a retired police major general, visited Ukrainian prisoner of conscience Oleg Sentsov on June 28, 2018, which was the forty-sixth day of his hunger strike.

“Sentsov is in good physical shape. He is up and walking. He is interested in current events and watches football on TV. He is writing a screenplay,” Major General Moskalkova reported.

The major general was joined in her visit to Sentsov by Anatoly Sak, human rights ombudsman of the Yamalo-Nenets Autonomous District and a former prosecutor. Sak’s account of the visit is like an expensive frame for Moskalkova’s humanity.

“Tatyana Nikolayevna is a wonderful woman!”

According to the Yamalo-Nenets prosecutor-cum-human rights ombudsman, this was Sentsov’s appraisal of Moskalkova.

Sak continued to “quote” Sentsov.

“Thank her very much and thank you for not forgetting me!”

According to the local human rights ombudsman, Sentsov’s heart was brimming over with love for his jailers, while if you believe Moskalkova, the Polar Bear Concentration Camp, situated north of the Arctic Circle, is the perfect vacation spot, especially if you combine your stay there with a long hunger strike.

Lyudmila Denisova, Ukraine’s human rights ombudsman, did not believe her colleague. Worse, she refused to recognize her as a colleague.

“I don’t believe that ombudsman, and I can’t bring himself to call her a human rights ombudsman,” Denisov said.

She explained why.

“We flew there on the same plane. Then she rode past me in a motorcade as I stood on the roadside trying to figure out what was happening. She does not pick up her phone, she does not respond in any way. That is why I do not believe any of Moskalkova’s statements.”

The Russian jailers, whose ranks undoubtedly include Moskalkova and Sak, did not let Denisova see Sentsov. The refusal was delivered with the trademark bullying for which the Russian bureaucracy has always had a flare, especially its policemen and jailers. The prison guards told Denisova “no one had forbidden anything,” meaning her meeting with Sentsov. At the same time, none of the prison staff would accept her written application to visit the inmate. As described above, Moskalkova, who had flown there on the same plane as Denisova, subsequently flatly refused to acknowledge her presence. Keep in mind that prior to the trip they had conducted lengthy negotiations on visiting inmates.

All of the ferocity and, simultaneously, the absurdity of Putinist Russia has been concentrated in the Sentsov Affair. The man was forcibly made a Russian national, and he has not been turned over to Ukraine on these ground. A police major general who is in charge of defending human rights claims a man who has been on hunger strike for forty-six days feels fine. The Ukrainian human rights ombudsman is not allowed to see a citizen of her country, and yet the guards claim no one has forbid her to do anything.

The chances of saving Sentsov are fewer with each passing day. International pressure must be ratcheted up to a fundamentally different level than where it is currently. Putin must be made to feel that Sentsov’s death would lead to unacceptable losses for him personally.

It is now a matter of days.

Thanks to Dmitry Dinze for the heads-up. Oleg Sentsov is now in the fiftieth day of his hunger strike. Translated by the Russian Reader

The Conscience of Petersburg, The Conscience of Ukraine

osipova-sentsov-nevsky-1 june 2018Artist Yelena Osipova, protesting on the corner of Nevsky Prospect and Malaya Sadovaya in Petersburg four hours ago. Her placard reads, “2018, the 21st century. A filmmaker gets twenty years [in prison] for dissidence. Oleg Sentsov is on hunger strike. He demands the release of sixty-four Ukrainians from Russian prisons. Save him. Don’t be silent.” Photo by Yekaterina Bogach

UPDATE. Yelena Osipova was detained by police two hours later. Grigory Mikhnov-Voytenko captured the arrest on video. Thanks to Comrade Nastia for the heads-up. 

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Fears grow for hunger-striking Ukrainian film director Sentsov
AFP
June 1, 2018

Fears grew on Thursday for the health of Ukrainian film director Oleg Sentsov who has declared a hunger strike in a Russian prison, with a politician who spoke to him via video link saying he appeared unwell and warning “this could end badly.”

The 41-year-old went on hunger strike on May 14, demanding that Moscow release all its Ukrainian political prisoners as Russia prepares to host the 2018 World Cup next month.

Sentsov, a pro-Ukrainian activist and documentary director, was detained in Crimea in 2014 after Russia annexed the peninsula. He was accused of masterminding arson attacks.

Sentsov, who denied the allegations, is serving a 20-year sentence after being convicted on terrorism charges.

Politician and media star Ksenia Sobchak said she spoke to Sentsov in a video call on Thursday and tried to persuade him to halt his hunger strike but he refused.

“I am horrified because I understand that he looks like a man who will go all the way,” she told liberal radio Echo of Moscow.

“And, honestly speaking, this frightened me,” she said, adding that her mother, Lyudmila Narusova, [a member of the Federation Council], helped organize the call to Sentsov’s prison.

“I have a feeling that this hunger strike will end badly,” she said.

“He is very pale, very thin,” she said, adding that his teeth have begun to crumble.

On Monday, Russia’s prison service said Sentsov agreed to “receive supportive therapy,” without providing further details.

The prison service said his condition was “satisfactory.”

Sentsov’s lawyer Dmitry Dinze said on Thursday he had no recent contact with his client but was going to visit him on Monday.

He said the director was stable, but confirmed Sentsov had lost two teeth.

“The climate does not agree with him,” he said, adding that there was no dentist in his prison so teeth have to be pulled out.

Top opposition leader Alexei Navalny, who is serving a 30-day sentence over organising an illegal protest, called on President Vladimir Putin to release more than 60 “Ukrainian political prisoners” including Sentsov.

“His feat, and his sacrifice, and his death will put him on a par with Bobby Sands, (Anatoly) Marchenko, and other titans of humankind,” he wrote on his blog, adding Putin should want to avoid this.

Irish nationalist Sands died in prison in 1981 after 66 days on hunger strike, while Soviet dissident Anatoly Marchenko died in prison in 1986 after a three-month-long hunger strike for the release of Soviet prisoners of conscience.

Vladimir Balukh: Rough Justice in Russian-Occupied Crimea

The Balukh Trial: Testimony of Prosecution’s Witnesses Diverges
Grani.Ru
May 15, 2018

The testimony of the prosecution’s witnesses diverged during the latest hearing in the third trial of the Crimean Ukrainian political activist Vladimir Balukh, who allegedly assaulted Valery Tkachenko, warden of the Interior Ministry’s Temporary Detention Facility in the Razdolnoye District, reports the news website Krym.Realii.

93616

Duty officer Mikhail Shubin claimed Balukh wanted to attack Tkachenko, but the guards holding the political prisoner stopped him from doing it. At the same time, Shubin claimed Balukh had “taunted” the warden.

Meanwhile, the facility’s deputy warden, Dmitry Karpunov, testified he did not see the conflict itself. He could only report Tkachenko had entered Balukh’s cell, whence an “intense conversation” was audible, and then the warden exited the cell stained with some kind of liquid.

Karpunov said there had been no attack. Balukh had not committted any violations of prison regulations, not counting his refusal to put his hands behind his back.

The Crimean Human Rights Group reports a total of five witnesses were questioned during Tuesday’s hearing. Aside from Shubin and Karpunov, they included temporary detention facility staffers Seyran Mambetov, duty officer Sergei Tishin, and technician Alexander Konovalov, who extracted the recordings from the CCTV cameras. The Crimean Solidarity Facebook page identifies Konovalov as Balukh’s aquaintance.

Our correspondent reports that, during his testimony, Major Mambetov said, “We are not the Gestapo. We don’t assault people. We police officers do not offend anyone, and we treat all convicts the same.”

The next hearing was scheduled for Wednesday, March 16.

Balukh went on hunger strike on March 19, 2018. May 15 was thus the fifty-eighth day of his protest against the unjust verdict in his previous trial, in which he was convicted of illegally possessing ammunition. On Tuesday, the Crimean Human Rights Group published a letter from Baluch, in which the political prisoner wrote that, on the twenty-fifth day of his hunger strike, his social defender, Archbishop Kliment of the Simferopol and Crimean Ukrainian Orthodox Church of the Kyiv Patriarchate, urged him to moderate his hunger strike. Whereas earlier Balukh had consumed only water and tea, after his conversation with Kliment he drank two glasses of oatmeal kissel and ate fifty to seventy grams of dried breadcrumbs everyday, and added honey to his tea.

Balukh made the decision, he wrote, “To rule out the possibility of forced feeding and the use of medical means of life support I have not authorized, and also to avoid causing irreparable grief to my loved ones.”

Earlier, Balukh’s common-law wife Natalya had pointed out her husband suffered from liver disease, and it was unacceptable for him to go on hunger strike.

93614.jpgVladimir Balukh and his attorneys Olga Dinze and Taras Omelchenko, May 15, 2018. Photo by Alexandra Yefimenko. Courtesy of Grani.Ru

The hearing on the merits of Baluch’s third trial began April 2. Tatyana Pyrkalo, chair of the Razdolnoye District Court, which is controlled by Russia, has presided over the trial. Aside from Archbishop Kliment, Balukh is defended by three professional lawyers, Dmitry Dinze, Olga Dinze, and Taras Omelchenko. Ms. Dinze and Mr. Omelchenko were present at Tuesday’s hearing.

The 47-year-old Balukh, a farmer from the village of Serebryanka in the Razdolnoye District, has beeen charged under Article 321 Part 2 of the Russian Criminal Code (non-threatening violence against a penitentiary officer during performance of his duties), which is punishable by a maximum of five years in a penal colony. According to the prosecution, on August 11, 2017, during morning rounds of the cells at the Razdolnoye Temporary Detention Facility, where Balukh had been transferred from a remand prison while he attended his second trial, Balukh struck Warden Tkachenko in the stomach with his elbow while they were in the hallway, after which he went into his cell, grabbed a bottle of detergent, and struck the policeman on the arm.

Actually, Tkachenko himself assaulted Balukh, insulted his ethnicity, and swore at him. Moreover, these actions were captured by CCTV cameras. We also know the warden had verbally assaulted Balukh prior to the incident. Balukh was framed on the new charges after his defense lawyers filed a complaint against Warden Tkachenko with the police.

During the pretrial investigation, conducted by N. Bondarenko, an official with the Razdolnoye Interregional Department of the Russian Investigative Committee, Warden Tkachenko refused to report to a face-to-face confrontation with Balukh, although Russian law does not provide this right to victims.

Until today, only two hearings had been held in the case. Warden Tkachenko took the witness stand at the second hearing, on April 11.

As defense lawyer Dmitry Dinze noted after the hearing, “The funniest thing about the whole case is that the so-called victim has not evinced any get-up-and-go. The criminal charges did not interest him at all. He was ordered to file a report and draw up all the papers in order to get the case opened. Personally, he has no material and emotional gripes against my client. It transpires the Razdolnoye District Police Department had a stake in cooking up more criminal charges against Balukh.”

In December 2013, during the early weeks of the Revolution of Dignity, Balukh hung the red and black flag of the Ukrainian Insurgent Army (UPA) above his home in the village of Serebryanka. After awhile, the flag was surreptitiously torn down at night, and the farmer replaced it with the Ukrainian national flag. After Crimea was occupied, Balukh did not apply for Russian citizenship.

Balukh was convicted for the first time in 2016 and sentenced to 320 hours of community service for, allegedly, offending a government official, as stipulated by Article 319 of the Russian Criminal Code. The “victim” in this case was Lieutenant Yevgeny Baranov, a field officer with the Center for Extremism Prevention (Center “E”), who was involved in searching Balukh’s home in November 2015.

Balukh faced trumped-up charges for the second time after he attached a sign inscribed “Heaven’s Hundred Heroes Street, 18″ on his house. He was jailed in a remand prison, where he was imprisoned for nearly a year before he was transferred to house arrest. He was returned to the remand prison after his conviction on the second set of charges. Balukh was charged under Article 222 Part 1 (illegal trafficking of ammunitition) and Article 222.1 Part 1 (illegal trafficking of explosives) after police planted gunshells and TNT blocks in his home during a routine search. Earlier this year, Balukh was sentenced to three years and five months in an open penal colony.

Translated by the Russian Reader

The Strange Investigation of a Strange Terrorist Attack

The Strange Investigation of a Strange Terrorist Attack
Leonid Martynyuk
Radio Svoboda
February 3, 2018

The investigation of the April 2017 terrorist attack in the Petersburg subway continues. We have assembled thirteen facts that provoke questions and leave us bewildered.

Last year witnessed two major terrorist attacks in Russia’s so-called second capital: in the subway in April, and in a Perekrostok supermarket in late December. They claimed 16 lives and injured another 126 people. In addition, in December, two weeks before the New Year, a joint operation by the Russian Federal Security Service (FSB) and the Interior Ministry apprehended seven persons who, according to the security services, were planning a whole series of terrorist attacks in Petersburg, including a blast in Kazan Cathedral. According to the same sources, the CIA had assisted the Russian security services in uncovering the terrorists and their plans.

On December 17, “Vladimir Putin thanked Donald Trump for the intelligence shared by the CIA, which had assisted in detaining terrorists planning blasts in Petersburg’s Kazan Cathedral and other sites in the city. The intelligence received from the CIA was enough to track down and apprehend the criminals.”

Given the fact that last year no similar terrorist attacks or attempted terrorist attacks took place anywhere else in Russia, the activeness of terrorists in Petersburg was especially shocking. Why was Petersburg chosen by terrorists as the only target? However, the security services should first answer not this question, which is, perhaps, rhetorical, but questions about the ongoing investigation and its findings. While little time has passed since the December terrorist attack, and there has been little news about its investigation, it has been nearly nine months since the April attack in the Petersburg subway, and so we can sum up and analyze the available information.

Thus, on April 3, 2017, at 2:33 p.m., a terrorist attack occurred in the Petersburg subway that left 16 people dead and 49 people hospitalized. From the very first minutes, reports about the attack contradicted each other.

1. Fake Terrorists

The first person whom the media, citing law enforcement agencies, named as the possible terrorist was Ilyas Nikitin, a truck driver from Bashkortostan, who was returning home that day from St. Petersburg’s central mosque.

fontanka+fake

“A photo of the man whom the CID are seeking in connection with the blast.” Screenshot from the Twitter account of popular Petersburg news website Fontanka.ru

A few hours later, however, Nikitin himself went to the police to prove his innocence. He had planned to fly from Moscow’s Vnukovo Airport to Orenburg. He had gone through the security check, but the flight crew of the Rossiya Airlines plane refused to let him board the plane due to the protests of frightened fellow passengers, who had “identified” him from his photograph in the press.

In the early hours of April 4, the media, citing the security services, identified Maxim Arishev, who was “in the epicenter of the blast in the subway car” and “could be the alleged suicide bomber.” cit

“Channel Five has published photos of the person who allegedly planted the second bomb at Ploshchad Vosstaniya.” Screenshot from Twitter account of the Conflict Intelligence Team (CIT)

Arishev was identified as a “22-year-old Kazakhstani national.” An hour later, the Conflict Intelligence Team (CIT), a group of investigators, published a message stating Arishev was a victim of the terrorist attack, not the man who carried it out. cit2

“We have concluded that Maxim Aryshev [sic] was among the victims of the terrorist attack, not a suicide bomber.” Screenshot from Twitter account of the Conflict Intelligence Team (CIT)

The third and final hypothesis as to the perpetrator’s identity during the immediate aftermath of the attack was that it was 22-year-old Russian national Akbarjon Jalilov, who also died in the blast. The Investigative Committee’s guess was based on genetic evidence and CCTV footage.

Фотография Акбаржона Джалилова на его страничке в

A photograph of Akbarjon Jalilov on his page on the Russian social media website Odnoklassniki (“Classmates”)

 

Djalilov’s neighbors in Osh, Kyrgyzstan, where he lived until 2011, described his family as secular.

“His family is not religious. Akbarjon did not pray five times a day or grow a beard. On the contrary, he liked wearing ripped bluejeans. He knew Russian well.”

2. Reports of Two Blasts

In the first hour after the terrorist attack, Russian media reported that two blasts had occurred. They cited what they regarded as very reliable, informed sources: the Emergency Situations Ministry, the Investigative Committee, and the National Anti-Terrorist Committee.

An hour later, the concept had changed, and the Russian security services informed the public through the media there had been one blast, while a second explosive device, planted at the Ploshchad Vosstaniya subway station, had been disarmed in time.

The news chronicle of the terrorist attack in the Petersburg subway is still available on the internet news site Lenta.ru, which is now absolutely loyal to the regime.

Between 3:12 p.m. and 3:44 p.m., that is, over thirty minutes, Lenta.ru published several reports that two explosive devices had exploded at two subway stations.

3:12 p.m.: “There were two blasts. They thundered at Sennaya Ploshchad and Tekhnologicheskii Institut stations.”

3:17 p.m.: “Putin has been informed of the explosions in the Petersburg subway.”

3:44 p.m: The media report that “all stations of the Petersburg subway have been closed due to the blasts.”

After 3:49 p.m., only one blast is mentioned in every single one of Lenta.ru‘s dispatches.

3:49 p.m.: “The number of victims of the blast in the Petersburg subway has grown to thirty, reports Interfax.”

But at 3:55 p.m. Lenta.ru publishes a report of a second unexploded bomb.

3:55 p.m.: “Fontanka.ru reports that another, unexploded bomb has been found at the Ploshchad Vosstaniya station.”

The media’s interpreters of information supplied by the Investigative Committee and Emergency Situations Ministry were offered the following explanation of the false report of two blasts at two stations.

“The explosion occurred on the stretch of track between Petersburg subway stations Sennaya Ploshchad and Teknologicheskii Institut. At the time of the explosion, the subway train had only set out from Sennaya Ploshchad, but it did not stop, braking only at Tekhnologicheskii Institut. Therefore, reports of a bomb exploding arrived from both stations. At one station, the explosion and smoke were seen, while the exploded subway car, and the injured and the dead were seen at the second station.”

But this account contradicts reports about the time of the explosion.

“The explosion occurred at 2:40 p.m. in the third car of an electric train traveling on the Petersburg subway’s Blue Line. It happened a few minutes after the train had left Sennaya Ploshchad for Tekhnologicheskii Institut.”

The average speed of a train traveling in the Petersburg subway is 40 kilometers an hour. The train left Sennaya Ploshchad and had been traveling a few minutes before an explosion occurred in one of the cars. Let us assume that train had been under speed for a minimum of two minutes, and during the first minute the train traveled slowly due to the need to pick up speed. During the second minute, the train was already traveling at around 30 kilometers an hour. In one minute, an object moving at a speed of 30 kilometers an hour travels half a kilometer.

This means that at the time of the explosion the train was at least half a kilometer from the departure station. Most likely, however, the train was much farther than half a kilometer from Sennaya Ploshchad. Eyewitnesses reported that the “train was flying along” when the explosion occurred, that is, it was traveling at a good speed.

As TV Rain reported, “According to eyewitnesses, the explosion in the car occurred on the approach to Tekhnologicheskii Institut.”

Under the circumstances, the smoke seen by eyewitnesses, and the noise of the blast, which could be heard at Sennaya Ploshchad, could not have been perceived by witnesses and, much less, by Emergency Situations Ministry and Investigative Committee officers as a “blast at Sennaya Ploshchad station.” It could be identified, for example, as an “explosion in the tunnel” or “smoke on the stretch of track between the stations.”

Another explanation is that reporters mixed everything up. The Emergency Situations Ministry and Investigative Committee never reported an explosion at Sennaya Ploshchad subway station. This hypothesis is easily refuted by the stories filed by news agencies and TV channels, for example, the Federal News Agency. They clearly show that, within an hour of the blast, there were emergency vehicles, firefighters, Emergency Situations Ministry officers, seventeen ambulance brigades, and even an medevac helicopter outside the station. The entrance to the station was cordoned off, and police herded passersby away from the station.

У станции метро Outside Sennaya Ploshchad subway station, April 3, 2017

Questions arise in this regard. How could professionals from the security services, whom many media quoted, confuse an explosion and a disarmed bomb? How could the Investigative Committee and Emergency Situations Ministry have known there should have been two explosions?

3. Confusion about the Time When the Explosive Device Was Found at Ploshchad Vosstaniya Station

The first report that an explosive device had been discovered at Ploshchad Vosstaniya station was filed at 2:21 p.m. on Motor Vehicle Accidents and Emergencies | Saint Petersburg | Peter Online | SPB, a popular page on the VK social network. (It has 800,000 subscribers.)

“A bag has been left at Ploshchad Vosstaniya subway. An inspector with a sniffing device has arrived. No police. The area has not been cordoned off.”

The post was read 509,000 times.

The post was published at 2:21 p.m, but a photograph was uploaded to VK even earlier, at 2:06 p.m. Reporters from the local business daily Delovoi Peterburg called the man who had taken the picture, Denis Chebykin, and asked him to check the exact time on his telephone when he snapped the photo.

“At 2:01 p.m. At any rate, my telephone displays more or less the right time,” he told them.

But in its official report, sent to all media, the FSB’s Petersburg and Leningrad Region Office said the bomb in the Ploshchad Vosstaniya subway station was found fifty-nine minutes later.

“Around 3:00 p.m., a homemade explosive device armed with projectiles was found in the Ploshchad Vosstaniya subway station. The device was promptly disarmed by explosives experts.”

Why did the Federal Security Service (FSB) not want to tell the truth: that the explosive device at Ploshchad Vosstaniya had been discovered at least 32 minutes before the explosion in the train headed to Tekhnologicheskii Institut? Are the security services concealing their own sluggishness?

4. Who Disarmed the Second Bomb?

The media supplied two completely different accounts of who prevented the second explosion. According to the account given at 12:10 p.m., April 4, on the website of Zvezda, the Defense Ministry’s TV channel, the bomb was disarmed by a Russian National Guard officer who happened to be in the subway at the time, was quite familiar with the particular type of explosive device, and thus quickly disarmed the bomb. This was also reported by Ren TV and Moskovsky Komsomolets newspaper.

Another account emerged later, after three o’clock on the afternoon of April 5.

“The explosive device in the Ploshchad Vosstaniya station of the Petersburg subway was defused by officers of the engineering and technical branch of the Russian National Guard’s riot police (OMON).”

The same day, April 5, NTV, known for its close ties to the Russian security services, aired a special report, in which a riot policeman, identified in the captions as “Maxim, senior explosives engineer,” says the riot police (OMON) discovered a black bag, containing a explosive device, which he and his colleagues defused.

The second account of how the bomb was defused was heavily spun by the media, while the original account, of the Russian National Guard officer who happened to be in the subway and defused the bomb, was dropped after April 4.

5. The Terrorist Attack Happened after Massive Opposition Protests 

Eight days before the terrorist attack in the Petersburg subway, on March 26, 2017, one of the biggest protest rallies in the past five years took place in Moscow. The protesters, who had not coordinated the event with the mayor’s office, demanded the authorities respond to the charges made against Prime Minister Dmitry Medvedev in the Anti-Corruption Foundation’s investigative report “Don’t Call Him Dimon.”

The protest led to numerous arrests. According to official sources, over 600 people were packed into paddy wagons. Human rights defenders claim that over a thousand people were apprehended. Protests took place not only in Moscow but also in other Russian cities. A total of between 32,359 and 92,861 people [sic] took to the streets nationwide on March 26, 2017, and between 1,666 and 1,805 people were detained.

The terrorist attack took place in Petersburg on April 3. The very next day, President Putin’s office recommended that regional governments hold rallies against terrorism on April 8. In keeping with the Kremlin’s instructions, all political parties represented in the Russian parliament were involved in the rallies, which were held in major cities nationwide.

“The governors are getting called and told to make everyone go to the rallies,” a source close to the Kremlin told the newspaper Kommersant.

This information was also confirmed by a source in United Russia, the country’s ruling party.

6. Islamic State Did Not Claim Responsibility for the Terrorist Attack

At the outset of the investigation, the FSB claimed Jalilov had been a member of an Islamic State commando group. At first, it made this claim anonymously.

“According to Kommersant‘s trustworthy source, the security services knew an attack was planned in Petersburg, but their intelligence was incomplete. It was provided by a Russian national who had collaborated with Islamic State, an organization banned in our country, and detained after returning from Syria. The man knew several members of a commando group dispatched to Russia.”

Subsequently, its claims were more specific.

“The terrorist attack in Petersburg was carried out by an Islamic State suicide bomber. […] FSB officers […] found out he had entered Russia via Turkey in 2014. Currently, the security services have been in contact with their colleagues in neighboring countries to find out the exact itinerary of Jalilov’s journey, but they are certain he visited Syria or, rather, Islamic State-controlled Syria.”

More than eight months have passed since the terrorist attack, but Islamic State never did claim responsibility for the explosion in the Petersburg subway, although Islamic State militants had claimed responsibility for a terrorist attack that happened ten days before the Petersburg attack: an attack on a Russian military base in Chechnya. The attack occurred in the early hours of March 24, 2017, leaving six Russian servicemen dead.

Islamic State also claimed responsibility for a terrorist attack carried out less than twenty-four hours after the attack in Petersburg: the murder of two policemen in Astrakhan in the early hours of April 4, 2017.

7. An Unknown Group Claimed Responsibility for the Terrorist Attack Only Three Weeks Later

On April 25, 2017, Russian and international media reported that an unknown group calling itself Katibat al-Imam Shamil, allegedly linked to Al Qaeda, had claimed responsibility for the attack in the Petersburg subway twenty-two days after the attack. However, there is no information about the group in public sources, and experts have never heard of it.

The long period of time that elapsed between the terrorist attack and this “confession” also raises doubts that the statement was really made by Islamic fundamentalists, rather than by people passing themselves off as Islamists.

8. The Terrorist’s Suspected Accomplices Kept a Bomb in Their Home for Two Days after the Attack

On the morning of April 6, 2017, FSB and Interiory Ministry officers detained six men in Petersburg, claiming they had been involved in the terrorist attack. All the detainees lived in a flat on Tovarishchesky Avenue, where, according to police investigators, a homemade explosive device was discovered during a search. It was similar in design to the devices used by the terrorist in the subway. Investigators had located the suspects by studying telephone calls made by Akbarjon Jalilov.

Let us assume that the suspects really were accomplices in planning the terrorist attack. In that case, it transpires that two days after the attack they were keeping an explosive device in their home. Moreover, they made no attempt to leave Petersburg, knowing that investigators would check people the suspected terrorist had called, and so they would definitely track them down. Meaning that either the arrested men are quite stupid people or, as they have claimed themselves, the FSB planted the bomb in their flat.

9. The Accused Were Provided with State-Appointed Defense Attorneys Who Worked for the Prosecution

A total of ten people were arrested as part of the terrorist attack investigation in Petersburg. All of them were provided with state-appointed attorneys, who have a very bad reputation among human rights activists in Russia. Many of them perform their duties in such a way that no prosecutor is necessary. Meaning they do not need his help to send their defendants to prison faraway and for a long time. This has been borne out in full in the Petersburg terrorist attack case.

Thus, on April 7, 2017, the court considered a motion, made by investigators and supported by the prosecutor, to remand Mahamadusuf Mirzaalimov in custody. The accused plainly stated he did not want to go to a remand prison.

“I object to the investigation’s motion to remand me in custody. I never saw this explosive device,” he said in the courtroom.

However, the defendant’s position was not supported by his lawyer, Nina Vilkina, who left the question of custody to the court’s discretion. Consequently, the court remanded Mirzaalimov in custody until June 2, 2018.

6Mahamadusuf Mirzaalimov. Photo by Sergei Mihailichenko. Courtesy of Fontanka.ru

During suspect Abror Azimov’s remand hearing, which took place on April 18, 2017, in Moscow’s Basmanny District Court, his state-appointed defense lawyer cheerfully reported to the judge, “He pleads guilty in fully.”

The lawyere made this statement before the investigation was completed and before any trial had taken place.

The father of the accused brothers Abror and Akram Azimov would later say about the state-appointed lawyers, “These lawyers do not call me and do not say anything. They hide everything. It was only from the press I heard my sons had been detained.”

10. Police Reports and Videos of the Azimovs’ Detention Were Falsified

Since mid April 2017, investigators have regarded brothers Abror and Akram Azimov as the principal suspects in the Petersburg terrorist attack.

According to a statement issued by the FSB, Akram Azimov was detained in New Moscow on April 19. A RGD-5 combat grenade was allegedly found on his person when he was apprehended.

Акрам и Аброр Азимовы с отцом Ахролом. Фото со страницы Ахрола Азимова в ФейсбукеAkram and Abror Azimov, and their father Ahrol Azimov. Photo taken from Ahrol Azimov’s Facebook page

 

According to Akram Azimov’s mother Vazira Azimova, law enforcement officers snatched her son from a hospital in Osh, Kyrgyzstan, on April 15, the day after he had undergone an operation, and took him to an undisclosed location. The video recording released by the FSB on April 19, in which Akram Azimov is detained at a bus stop in New Moscow, was staged, she claims.

“He had no money for a ticket. He did not have his passport. It was obviously staged. I want justice,” Vazira Azimova said in a statement.

Akram’s father Ahrol Azimov provided RBC with a photo of his son’s boarding pass for an S7 flight from Domodedovo Airport in Moscow to Osh, Kyrgyzstan, on March 27, 2017. The senior Azimov is convinced his son could not have traveled to Russia on his own: when he was hospitalized he had no money with him to buy a ticket.

The fact that Akram Azimov was snatched from a hospital in Osh by officers of the Kyrgyzstan State Committee for National Security (GKNB) on April 15, 2017, has been confirmed in writing by Zina Karimova, head doctor of the Hosiyat Clinic, a private facility, and Sanzharbek Tohtashev, the attending physician.

According to lawyer Anna Stavitskaya, illegal detentions are a common practice in the CIS countries.

“The security services in a number of post-Soviet countries cheerfully cooperate with the FSB when it comes to ‘unofficial’ exchanges of detainees. Practically speaking, it is often a matter of kidnapping. In my practice, there have been several cases when people were apprehended in Russia. The issue of whether to extradite them to Uzbekistan or Tajikistan, for example, was being decided, but the European Court of Human Rights forbade extradition. As soon as the people were released from custody, they were kidnapped with the assistance of the Russian security services and transported to these foreign countries. In this case, it is the other way round.”

Akram Azimov was transported by FSB officers from Kyrgyzstan to Moscow, where, his lawyer Olga Dinze claims, he was held for four days in an illegal prison, after which the FSB staged his apprehension.

“On April 19, the suspect, wearing a blindfold, was taken somewhere in a vehicle. He was told how to behave. He should sit with his hands in his pockets and keep quiet. The ‘officers’ would come up to him and take him to a car. This was the same staged video we all would see later on the internet. After his apprehension was staged, he was placed in the car. His hands were cuffed behind his back and a grenade was placed in his hand. He was ordered to squeeze it so he would leave his fingerprints on it.”

Something similar happened to Akram’s brother Abror Azimov. He was apprehended by FSB officers on April 4. After thirteen days in a secret FSB prison, he was apprehended a second time, for the video cameras, on April 17.

 

Abror Azimov claims that on April 17 he was taken from his cell, and a hood was pulled over his head and wrapped round with adhesive tape. His capture was then staged. Afterwards, he was put in a car, forced to leave fingerprints on a Makarov pistol, and taken to an investigator, who had already printed out his interrogation transcript.

Before Abror Azimov was officially apprehended on April 17, the house where he lived in Lesnoi Gorodok, Moscow Region, was searched. Investigators carried out the search without a judge’s warrant due to the urgency of the matter, as they explained. It was during this search that the Makarov pistol was allegedly found.

11. The Azimov Brothers Were Tortured After They Were Apprehended

The Azimov brothers were apprehended twice: first with no cameras present, and then for the cameras, so that FSB officers would have several days to illegally interrogate the accused men. The Azimovs claim they were tortured during these interrogations.

According to Olga Dinze, Akram Azimov’s attorney, her client was tortured with electrical shocks.

“He was brutally tortured. He was standing practically naked on a concrete floor. He was not fed or given any water. He was forced to memorize the testimony he would later give to the investigator. When he would give the wrong answer, they would shock him with an electrical current, counting to ten. Periodically, he fainted. He would be brought back to his senses and the torture would resume. The torture not only involved memorizing his testimony but also threats of violence against his wife and children. They threatened to rape his wife. Since Akram knows of such cases in his homeland, he took the threats seriously.”

After he was tortured, Akram Azimov was taken to the Russian Federal Investigative Committee, where he was interrogated in the presence of a state-appointed defense attorney. The FSB officers who had earlier tortured him told him what answers to give, but his state-appointed counsel said nothing, allowing the FSB officers and the investigator to coerce Azimov mentally.

The circumstances faced by the second accused man, Abror Azimov, have been similar. His defense attorney said his client was apprehended and jailed in a secret prison, where he was repeatedly tortured with electric shocks, dunked in water, humiliated in every possible way, and subjected to mental coercion. FSB officers spent two weeks forcing him to admit involvement in terrorist activities.

On April 18, 2017, during his custody hearing, Abror Azimov’s testimony was confused. At first, he stated he was not involved in the explosion, but after an Investigative Committee officer reminded him that he had earlier signed a confession, Azimov said, “I’m involved in this, but not directly.” When the judge asked whether the suspect wanted the court to assign non-custodial pretrial restrictions, Azimov answered in the negative. The question is what kind of person, if he has not been subjected beforehand to physical and mental coercion (torture and threats), would voluntarily agree to be jailed?

12. Their Lawyers Were Not Admitted to the Azimov Brothers

According to lawyers Olga and Dmitry Dinze, they could not begin defending the Azimov brothers for over a week.

“We could not start working on this criminal case, because neither the remand prison nor the investigator would let us see our clients, using whatever trick they could.”

The investigators from the Investigative Committee ignored the lawyers’ calls and conducted the investigation only in the presence of the state-appointed lawyers.

Investigators thus had nearly a month after the official arrest to pressure the accused without being distracted by the legitimate requests of real lawyers.

The Azimov brothers’ problems did not end with the refusal of authorities to let their lawyers see their clients. Since late June, according to their father, the Azimovs have been paid visits by FSB officers who have demanded they renounce their defense lawyers and employ the services of state-appointed lawyers.

13. The Justice Ministry Has Been Pressuring Olga Dinze, Akram Azimov’s Lawyer

On August 3, 2017, officials of Lefortovo Remand Prison in Moscow detained Olga Dinze, Akram Azimov’s lawyer, for three hours, demanding she hand over the notes she received from Azimov concerning the case of the terrorist attack in the Petersburg subway.

The prison wardens wanted to get their hands on documents Azimov had given to his lawyer. The wardens suggested Olga Dinze could sit in a cell for awhile, while her client was threatened with time in a punishment cell. According to Dinze, she had not done anything illegal. Before the visit, guards had searched Azimov and not found anything that could not be taken out of the prison.

In November 2017, the Justice Ministry requested Olga Dinze be barred from the case due to the conflict over obtaining her client’s written testimony. Ramil Akhmetgaliyev, a lawyer with the Agora International Human Rights Group, believes this was obvious coercion of the lawyer.

“Correspondence is one thing, but communication with your lawyer, including written communication, is something else altogether. Usually, the guards do not have a problem with it, but the FSB got involved. They are trying to establish total control over the accused.”

The current Russian regime, conceived in September 1999 amidst the smoke from the exploded residential buildings in Buynaksk, Moscow, and Volgodonsk, has a bad reputation when it comes to terrorist attacks. Any doubts, as a rule, are chalked up by independent observers as strikes against the authorities.

Taken separately, each of these thirteen points cannot serve as proof that the account of the explosion in the Petersburg subway on April 3, 2017, offered by state investigators, is falsified. Taken together, however, these facts do generate serious suspicions.

Translated by the Russian Reader

The Singer Not the Song

Yakovlev
Boris Yakovlev. Screenshot from YouTube video

Pskov Region Singer-Songwriter Boris Yakovlev Charged with Calls for Extremism
Grani.ru
April 20, 2017

The FSB’s Pskov Region office has charged Boris Yakovlev, a 44-year-old resident of Dno, under Article 280.2 of the Russian Federal Criminal Code (public calls for extremism using the internet). Grani.ru was informed about the case by lawyer Dmitry Dinze, who is representing the musician.

Yakovlev is known for his original songs, which he posts on his YouTube channel.

“Yakovlev has denied his guilt and refused to testify, since the defense needs to analyze the evidence on which the charges are based,” said Dinze. “In addition, a forensic examination of the digital media seized from Yakovlev’s home has now been ordered, and in the near future, the court will order and perform a linguistic forensic examination. The forensic experts are being chosen. The defendant has been released on his own recognizance.”

Besides the recorded songs posted on YouTube, the FSB alleges that between June 20 and June 29, 2016, Yakovlev posted on his personal page on the social network Vkontakte five pieces of writing in which he outlined his ideas about the situation and events in Russia. The texts in question begin with the words “About elections,” “We have already gone over our limit on revolutions,” “Above the dwarf’s head,” “I find it curious,” and “Reading the newswire.”

On March 20, 2017, Senior Lieutenant A. Filippov, a detective in the First Branch of the Department for Protecting the Constitutional Order and Combating Terrorism in the FSB’s Pskov Region office, filed a crime report. He claimed there was evidence of a crime in Yakovlev’s published texts: public calls for extremism on the internet.

In a specially conducted study, Andrei Pominov, an associate professor in education and psychology at Bashkir State University’s Sibai Institute, wrote that Yakovlev’s texts “contain psychological and linguistic means aimed at inducing an unspecified group of persons to carry out extremist actions aimed at forcibly changing the existing state system or seizing power.”

Consequently, Captain of Justice I. Karpenkov, senior investigator in the Investigative Department of the FSB’s Pskov Region office, filed criminal charges against Yakovlev.

Boris Yakovlev, “Confession of an Enemy of the People”

On March 16, Judge Yevgeny Naydenov of Moscow’s Presna District Court fined rapper David Nuriyev (aka Ptakha) 200,000 rubles [approx. 3,300 euros] in an extremism case. Ptakha was found guilty of violating Article 282.1 of the Criminal Code  (inciting hatred or enmity toward a group of people united on the grounds that they “assisted law enforcement agencies in locating and apprehending criminals”). The “social group” in the case was the Anti-Dealer Movement, founded by Dmitry Nosov, an ex-LDPR MP and former professional judoka.

The prosecutor had asked the defendant be given a suspended sentence of one and a half years. The musician fully acknowledged his guilt and apologized to Anti-Dealer. The case was tried under a special procedure. The trial consisted of a single hearing.

_______________________________

Boris Yakovlev, “I Want to Be There at the Hour”

I want to be there at the hour
When the millions of nationalist riffraff
Howl as one:
We were opposed! We knew everything!

We pretended deliberately.
You understand: work and kids.
But deep down we resisted.
We don’t want Crimea, please note.

We realized he was a murderer.
We don’t want war and death.
We really love Ukrainians.
We’re innocent, believe us!

We don’t want Lugansk and Donbass.
It’s the first we’ve heard about the “Russian world.”
Standing in line for rotten meat,
That’s what the mouse people will whisper.

I want to look in the eyes of the followers,
Those Pharisees of the mob,
In whom honor and conscience are vestiges,
And who have an ass instead of a head.

Translated by the Russian Reader. A huge thanks to Comrade Koganzon for the heads-up

“The Trial: The State of Russia vs Oleg Sentsov” (Panel Discussion, Berlinale 2017)

Panelists: Agnieszka Holland (Director), Askold Kurov (Director), Mike Downey (Producer), Dmitry Dinze (Lawyer of Oleg Sentsov), Natalya Kaplan (Cousin of Oleg Sentsov), Sylvia Schreiber (Translator)

Thanks to Alexei Markov for the heads-up

___________________________

oleg-sentsov
Oleg Sentsov. Courtesy of Berlin Film Festival

Berlin Film Review: ‘The Trial: The State of Russia vs Oleg Sentsov’
Owen Gleiberman
Variety
February 11, 2017

A documentary about the Ukranian filmmaker imprisoned for his support of Crimean independence is a scrappy testament to the true nature of the Vladimir Putin regime.

It has to rank as one of Donald Trump’s most shocking statements — which is really saying something. Asked by the Fox News host Bill O’Reilly how he could respect Russian President Vladimir Putin, whom O’Reilly characterized as a “killer,” Trump replied, “There are a lot of killers. Boy, you think our country’s so innocent?” Over the last year, Trump has presented himself as a racist, a bully, a manhandler of women, a mocker of the disabled, and a loony-tunes conspiracy theorist. But whoever thought he’d come off sounding like the second coming of Noam Chomsky? The notion that the United States government routinely engages in “killer” behavior commensurate with that of what Russia does is, of course, a left-wing idea. (Just ask Oliver Stone, another Putin apologist who should know better.) But Trump put a new spin on it: Whatever the motivation (his desire to tilt the axis of global power against China? Burying those rumored water-sports videos?), he was so intent to claim that his new BFF Vladimir is, you know…not so bad that he was willing to hijack 50 years of radical academic moral relativism by reducing it to a Trump sound bite.

All of which makes me wish that Trump would sit down and watch “The Trial: The State of Russia vs Oleg Sentsov,” a documentary that just premiered at the Berlin Film Festival. It’s a peek into how the Russian state actually operates, and though it raises more questions than it answers, it leaves you with a shuddering chill. The central figure, Oleg Sentsov, is a Ukrainian writer and filmmaker known for his 2011 movie “Gamer.” In Russia, it made him a directorial star, but during the 2014 Crimean crisis he became part of the AutoMaidan movement, devoted to keeping Ukraine — and, specifically, Crimea — independent of Russia. He delivered food and supplies to Ukrainian servicemen, but on May 11, 2014, he was arrested and charged with organizing a terrorist cell, plotting terrorist attacks, and trafficking in illegal arms. He was held indefinitely and is now serving a 34-year prison sentence in Siberia. (The movie ends with clips of that Siberian prison. Have you ever seen Siberia? It looks like … Siberia.)

We’re shown footage of Sentsov in TV interviews during his moment of indie-film fame and then, a few years later, speaking from behind bars in the courtroom (yes, there’s a jail cell in court). Tall and husky, with dark cropped hair, popping eyes, and a grin of goofy optimism, he’s the father of two teenagers, and if you were looking for someone to play him in a movie, it might be Bradley Cooper; he has that kind of rubbery resilience. A number of noted directors — Wim Wenders, Agnieszka Holland — show up to testify to his status as a filmmaker.

In “The Trial,” Sentsov embraces his role as a political prisoner, yet the movie reveals what the stakes are: When he talks to his daughter on the phone, we see the price paid by any dissident — not just the personal agony of incarceration, but the ripped bonds of family. Sentsov was subjected to torture in prison, all to produce a confession to activities that never happened. (He didn’t confess.) The reason “The Trial” is a valuable document, even though it’s not an especially good movie, goes right back to Putin. It was Sentsov’s status as an art-house celebrity that made him a target in Russia. The regime arrested many “terrorists,” but he was held up as an example to the elite, intellectual class. The message was: If we can do this to him, we can do it you. The real terrorism came from the government, a way of driving fear into those who might speak out.

Russia swims in a daily ice bath of fake news (and real-news clampdown), which is why documentaries have been some of the only vehicles for revealing Vladimir Putin’s thug tactics. Ten years ago, the barely seen film “Poisoned by Polonium: The Litvinenko File” was the first inquiry to amass serious data suggesting that what Bill O’Reilly said about Putin is true. In “The Trial,” we see extended clips of Putin addressing the Sentsov case (a member of the Russian Parliament bows and scrapes before Putin so nervously it’s like seeing an outtake from “The Godfather, Part II”), but Putin, in public, is no glowering fascist. He comes off as impeccably civilized and almost geekishly seductive. He makes you want to be his friend. That, of course, is his version of smoke and mirrors.

Directed and shot by Askold Kurov, a Russian filmmaker as brave as his subject, “The Trial” is a thrown-together movie that doesn’t have much of an arc. It’s 75 minutes long, and to be brutally honest, I would have been just as happy watching Sentsov’s story compressed into a “60 Minutes” segment. Yet whatever its flaws, a movie like this one is necessary. It speaks the truth about the Russian regime — the truth that’s buried by Putin, and now buried by our own president, who only dreams that he could do the same thing to his enemies. More than ever, global film culture needs every documentary that lets you stare into the face of oppression with eyes wide open.

Berlin Film Review: ‘The Trial: The State of Russia vs Oleg Sentsov’
Reviewed at Cinemaxx (Berlin Film Festival), February 10, 2017. Running time: 75 min.

Production
A Ceská televise, Prag production in cooperation with the Polish Film Institute.

Crew
Producers: Max Tuula, Maria Gavrilova, Dariusz Jablonski, Izabela Wójcik, Violetta Kaminska.

Crew
Director: Askold Kurov. Oren Moverman. Camera (color, widescreen): Kurov. Editor: Michal Leszczylowski.

With
Oleg Sentsov, Vladimir Putin, Agnieszka Holland, Wim Wenders.

Don’t Film That or You’ll Go to Jail (Russia’s Diggers’ Law)

A digger wandering in a passageway under Moscow in 2012
A digger wandering in a passageway under Moscow in 2012

Pavel Chikov
Don’t Film That! You’ll Go to Jail
Snob.ru
May 4, 2016

A new trend has emerged in Russia that is a logical sequel to the state’s policy of intimidation. Diggers, roofers, base jumpers, bloggers, and other curious folk who like going to places and, especially, filming places not everyone goes and films are under threat of investigation and prosecution. Law enforcement’s arsenal includes heavy fines, arrest, and criminal charges for disseminating state secrets, followed by up to eight years in prison.

In late April, activist Yan Katelevsky was jailed for twelve days after videotaping outside the Ramenskoye police station in Moscow. He wanted to broach the topic, on his YouTube channel, of how policemen illegally park their police vehicles and personal vehicles, but it transpired he had been filming a “sensitive facility” and had “resisted the lawful order of a police officer” when he refused to stop filming.

A few days earlier, Meshchansky District Court in Moscow sent digger Gennady Nefedov to a pre-trial detention facility for “contacts with the media” (!) and with other defendants in his criminal case. Nearly a year and a half ago, Nefedov and five other guys had wandered into an underground passage in the Moscow subway in downtown Moscow. They were initially fined for “trespassing on a secured, restricted site” (Article 20.17 of the Russian Federal Administrative Offenses Code). A year later, they were detained and charged with “illegally obtaining and disseminating information constituting a state secret” (Article 283.1 of the Russian Federal Criminal Code).

Article 20.17 of the Administrative Offenses Code demands special attention. As they say, keep your eyes on the ball. On the first working day of 2016, Russia’s official government newspaper Rossiiskaya Gazeta published a largely unnoticed article bearing the prophetic headline “Freeze! It’s 15 Days for You: If You Sneak into a High-Security Site, You’ll Go to Jail.” Its topic was something its author dubbed the “diggers’ law,” meaning a set of amendments to the Criminal Code and Administrative Offenses Code that have considerably stiffened the punishments for trespassing on restricted-access areas. The fine has been raised from 300 rubles to 200,000 rubles (i.e., 666 times), and punishment now includes confiscation of “the weapon [sic] used in the commission of the offense, including photo and video equipment.” In addition, fifteen days in jail has been stipulated as possible punishment “as long as the act does not contain evidence of a criminal offense.” In the worst case, diggers, roofers, base jumpers, and bloggers can face the above-mentioned Article 283.1 and eight years in prison.

It is noteworthy that one of the people who drafted the diggers’ law was Tatyana Moskalkova, who would become Russia’s human rights ombudsman a few months later. In the same article in Rossiiskaya Gazeta, the author complains that diggers and “just plain thugs” are not spooked by restrictions, but unnamed sources in law enforcement explain to him that fifteen days in jail is not a soft punishment “but, so to speak, a mere makeweight to a whole passel of other criminal charges [including] disseminating state secrets, resisting arrest, theft, and property damage.”

No sooner said than done. In 2016, a schoolgirl who took a stroll on the roof of the Mariinsky Place, home of the Saint Petersburg Legislative Assembly, roofers and just plain tipsy young people who climbed the TV towers in Tver and Arzamas, respectively, and schoolchildren in Astrakhan who decided to take a selfie at the airport next to a TU-134 passenger jet and jumped the fence to do it have all been written up for “trespassing on restricted-access sites.” And these are just the incidents that have been reported in the media.

Thus, the Russian Federal Interior Ministry’s Inter-Municipal Directorate for Closed Jurisdictions at Important and Sensitive Sites in the Moscow Region (the Vlasikha Inter-Municipal Directorate of the Russian Federal Interior Ministry) has reported that from April 12 to April 19 of this year, it had uncovered six incidents of “trespassing a secured, restricted-access site.” If such statistics are being recorded, it usually means there is an order from the higher-ups to push up the numbers.

For example, according to his attorney, Vitaly Cherkasov, Petersburg digger Andrei Pyzh has already been charged with six administrative violations, including two for trespassing on secured sites: Engineering Design Bureau Center JSC and the Naval Academy’s experimental model basin.

The climax so far has been the case of the Moscow diggers. The authorities have followed the classic pattern for implementing their plans. Laws are amended right before a big holiday. They are tested out at the local level, and then a landmark, high-profile criminal case is staged to teach everyone else a lesson. Because even if you have been fined for the administrative offense of trespassing on a restricted site, it is far from certain that FSB officers will not burst into your home a year later and charge you with criminal violations such as “Illegal Entry into a Secured Site” (Article 215.4, amended December 30, 2015; punishable by up to four years in a penal colony) or “Illegal Acquisition and Dissemination of Information Constituting a State Secret” (Russian Federal Criminal Code Article 283.1). No one will pay any mind to the fact that “dissemination,” as in the case of the Moscow diggers, amounted to reposting a photograph of the Moscow underground on the VKontakte social network, and that the “state secret” was something the accused would have no way of knowing by definition, since they had no physical access to it and were not privy to it. Moreover, it will sound like a legal travesty in such cases when prosecutors argue there were no signs of high treason and espionage (Articles 275 and 276 of the Criminal Code, each punishable by twenty years in a penal colony) in the actions of the accused. Meaning the creative scope, range, and freedom that law enforcement can exercise in such cases will be complete and unconditional.

Lawyer Dmitry Dinze said that a colleague told him the story of his client while they were waiting in line at the Lefortovo pre-trial detention facility in Moscow. The client had been arrested for photographing clearings in the woods near Bryansk and charged with treason.  It turned out the place was an abandoned military airfield.

Also, considering how investigators and prosecutors juggle articles of the Criminal Code, various forms of “daching” and investigations involving drones and video cameras will be at risk.  It is safe to say that the case of the Moscow diggers is the first harbinger and, unfortunately, it clearly won’t be the last.

A new element in the establishment of a police state has thus been born. There is a clear understanding in law enforcement that orders have come down to suppress attempts at photographing and filming special facilities and sites, moreover, in the broadest sense of these words, and posting what you have shot on the web. This is probably due to the latest secret report on a study of the Internet and the popular video hosting websites and social networks where such matter is usually posted. Under the guise of prudent counter-terrorism and maintaining public safety, the authorities have apparently ratcheted up the requirements for guarding sensitive facilities. True, so far, it seems, they are more inclined to use the traditional methods of intimidation and arrest. What is sad is that they deem even a vacant parking lot outside a police station a “sensitive” facility.

Pavel Chikov is chair of Agora, an association of Russian human rights lawyers and activists that was ordered shut down by a court in Tatarstan in February 2016. Translated by the Russian Reader. Photo courtesy of Russian Beyond the Headlines, from a now-hilarious article entitled “Moscow diggers reveal secrets of the underground world.” Oh well, goodbye to all that.