Tver Resident Sentenced to Two Years in Work-Release Penal Colony for Two Reposts on VKontakte Takie Dela
May 5, 2016
The Zavolzhsky District Court in Tver has sentenced mechanical engineer Andrei Bubeyev to two years and three months in a work-release penal colony for extremism and separatism, writes Kommersant.
The defendant’s lawyer, Svetlana Sidorkina, said the court delivered its verdict “on all the charges summarily and taking into account the verdict in the first criminal case.” In addition, the time Bubeyev has served in a pre-trial detention facility since May 24, 2015, will count toward completion of his sentence. According to Sidorkina, the verdict will be appealed.
The basis for the charges were two reposts Bubeyev made on the VKontakte social network. He posted the article “Crimea Is Ukraine” by writer and political activist Boris Stomakhin on his personal page and a picture of a tube of toothpaste captioned “Squeeze Russia out of you.”
The prosecution argued this was a violation of Russian Federal Criminal Code Article 280.2 (public calls for extremist activities) and Article 280.1.2 (public calls for actions aimed at violating the Russian Federation’s territorial integrity) and requested that Bubeyev be sentenced to three and a half years in prison. Bubeyev pleaded not guilty.
In August 2015, the blogger was found guilty of extremism and sentenced to nine months in a work-release penal colony for reposting similar matter and pictures.
In February 2016, a court in Yekaterinburg ordered the laptop of single mother Ekaterina Vologzheninova destroyed because she had made certain likes and reposts. Investigators claimed that in 2014 Vologzheninova posted images deemed extremist by FSB officers on a social network. The investigators did not report exactly what was in the images. According to the woman’s attorney, one of the images was a caricature in which a person resembling Vladimir Putin was hunched over a map of Donbass with a knife.
Court Sentences Yekaterinburg Resident to Community Service for Posts on Social Networks and Order Her Laptop Destroyed Mediazona
February 20, 2016
Yekaterinburg’s Zheleznodorozhnyi District Court has found single mother Ekaterina Vologzheninova guilty of inciting social hatred and enmity (Russian Criminal Code Article 282), reports Grani.ru.
The court has sentenced the woman to 320 hours of compulsory community service and ordered her laptop, which served as physical evidence in the case, destroyed.
As Grani.ru explains, the court based its verdict on the conclusion reached by a forensic linguist that Vologzheninova had incited “ethnic [sic] hatred and enmity towards volunteers from Russia” who were involved in the armed conflict in eastern Ukraine, as well as towards public officials.
Criminal charges were filed against Vologzheninova after she [re]posted Anatoly Marushkevich’s poem “Katsaps,” along with an image of a young Ukrainian woman and the caption “Death to the Moscow Occupiers,” and a caricature featuring a man resembling Vladimir Putin leaning over the Donbass holding a knife. The last post was later excluded from the evidence.
Click on the Button and Get a Sentence Latest “Extremist” Reposting Case Goes to Court
October 14, 2015 Novye Izvestia
The first hearing on the merits of the criminal case against Ekaterina Vologzheninova, who has been accused of extremism for reposts she made on the social network VKontakte, will take place on October 27. In addition to distributing “inflammatory” matter (consisting, in fact, of pictures and poems, supporting Ukraine, that are freely available on the Web), the 46-year-old single mother [from Yekaterinburg] has been accused of associating with “undesirable persons,” which included activists from Memorial and International Amnesty.
Vologzheninova has been charged under Article 282.1 of the Russian Federal Criminal Code (“incitement of hatred or enmity, as well as humiliation of human dignity”). The authorities began pursuing Vologzheninova after she shared several items on VKontakte. These items, we should note, have not been included in the Federal List of Extremist Materials.
Experts from the SOVA Information and Analysis Center have commented on the case against Vologzheninova on their website.
“The poem ‘Katsaps,’ whose main idea is that Ukraine’s ethnic Russians will defend it from Russia, contains accusations that the Russian authorities have attacked Ukraine, but there are no aggressive appeals in it. As for the poster, it obviously calls on Ukrainian citizens to defend the country from occupation.”
As usual, the preliminary hearing in the case was held in closed chambers.
“The prosecutor read out the indictment. But she read it out in an interesting way, omitting the most absurd paragraphs,” Vologzheninova’s attorney Roman Kachanov told Novye Izvestia.
During the hearing, the defense moved to send the case back to the prosecutor’s office, since, according to Kachanov, the indictment did not meet the requirements of the law. It did not make clear what the charges were.
“The conclusion states that [Vologzheninova] committed acts aimed at inciting hatred and enmity on the basis of race, ethnicity, and origin. As for race and origin, we did not understand that at all. But as for ethnicity, the indictment turns on the social group ‘Russians,’ although in the items at issue, ethnic Russians, on the contrary, are assessed positively; it is argued that it is wrong to oppose Russians to Ukrainians. In one text, Russians fighting in the Armed Forces of Ukraine are mentioned proudly,” Kachanov told Novye Izvestia.
According to Kachanov, the indictment accuses Vologzheninova of inciting hatred toward the social group “Moscow occupier” [sic]. It also features the phrase “ethnic hatred and enmity toward the public authorities.”
Earlier, during the investigation, Vologzheninova had also been reproached for associating with “undesirable persons,” human rights activists from Memorial and Amnesty International.
“Formally, such charges were not brought against her, because there is no such crime. At the very end of the investigation, however, [Vologzheninova was interrogated] by a FSB field officer by the name of Khudenkikh. And he, apparently wanting to generate a negative psychological atmosphere, accused her of having dealings with Memorial, which is a ‘foreign agent,’ and with Open Russia, which is funded from the west,” Kachanov told Novye Izvestia.
According to him, on the eve of the court hearing, it transpired that Vologzheninova’s bankcard had been blocked.
“The situation is this. By law, if a person is suspected of extremist or terrorist activities, his or her name is put on Rosfinmonitoring’s black list. A court sentence is not needed for this. But it does not always happen this way. I know people convicted of extremist crimes who have continue to have use of their bank accounts,” the lawyer explained.
According to him, a person who goes on the Rosfinmonitoring list stays there practically in perpetuity. For example, the slain terrorists Shamil Basayev and Salman Raduyev are still on it. And since the list is openly accessible, for “extremists” like Vologzheninova it is an additional humiliation. As Novye Izvestia ascertained, Ekaterina Vologzheninova is indeed listed among terrorists and extremists on Rosfinmonitoring’s website.
Svetlana Mochalova, a linguist with the FSB’s crime lab in Sverdlovsk Region, performed the forensic examination in the case. As Novye Izvestia reported earlier, a whole string of verdicts in controversial “extremism” cases in the Urals have been based on her findings. Among them is the verdict in the case of Pervouralsk resident Elvira Sultanakhmetova, who was sentenced to 120 hours of community service for calling on Muslims not to celebrate New Year’s because it was, in her opinion, a pagan holiday. Mochalova identified “incitement of hatred and enmity towards persons who do not celebrate New Year’s, whose customs and festivals are manifestations of a lack of faith” [sic] in what Sultanakhmetova had written. In 2010, Mochalova found “statements calling for social strife and the violent overthrow of the Russian Federation’s constitutional order an integrity” in the article “Patriotism as a Diagnosis,” written by the attorney Stanislav Markelov, who had been murdered [by Russian neo-Nazis] a year earlier. The article was examined as part of the proceedings against civic activist and Tyumen State University lecturer Andrei Kutuzov. He was prosecuted for, allegedly, handing out leaflets calling for an end to political crackdowns. According to Mochalova, these leaflets incited hatred against the authorities and aroused social discord. Mochalova refused to reveal her examination procedure to the court on that occasion, claiming that it was marked “for official use only.”
In July, teacher Alexander Byvshev, who had posted a pro-Ukrainian poem on a social network (unlike Vologzheninova Byvshev had written the poem himself), was sentenced to 300 hours of community service in the Oryol Region. Sentences for “likes” and reposts have practically become the norm this year. Thus, on September 28, Chelyabinsk blogger Konstantin Zharinov, who had reposted material from the banned Right Sector, was found guilty and immediately pardoned. On September 15, Krasnodar activist Sergei Titarenko was fined 100,000 rubles [approx. 1,400 euros] for reposting a political post. On September 17, the Lenin District Court in Cheboksary sentenced Parnas opposition party activist Dmitry Semyonov [and immediately pardoned] for reposting a caricature of Dmitry Medvedev.
Translated by the Russian Reader. Photo courtesy of Radio Svoboda
A Currenttime.tv report about the criminal case at Yekaterinburg resident Ekaterina Vologzheninova, accused under Article 282 of the Russian Federal Criminal Code of inciting ethnic hatred and enmity against the Russian public authorities, residents of Southeast Ukraine who do not support modern Ukraine’s political course, volunteers from Russia fighting on the side of the Donetsk People’s Republic, and other absurd things. Posted on October 17, 2015. Thanks to Sergey Chernov for the heads-up