Come As You Are

jenya viktor yuliPublic defender Jenya Kulakova (left) photographs Network Case defendants Viktor Filinkov (center) and Yuli Boyarshinov. Courtesy of Jenya Kulakova

Jenya Kulakova
Facebook
June 21, 2020

The verdict is tomorrow June 22 at 12:00 p.m.

This is not the end, of course—neither of the struggle nor of this hell. In a sense, it is just the beginning. I really want the guys to feel tomorrow that all of us are behind them and in front of them as they head off on this stage of their lives.

Come to court if you can. The address is Kirochnaya, 35A.

(Of course, come only if your health permits, wear personal protective equipment, try to keep a distance from each other outside and inside the courthouse, and avoid coming into contact with people at risk. Damn covid!)

#NetworkCase

Translated by the Russian Reader. Learn all about the Network Case here.

The Network Trial in Petersburg: Closing Statements by Defendants

ter2-fil-joke

Network Trial defendant Viktor Filinkov tells a joke: “A programmer, a businessman, and an industrial climber planned to overthrow the government.”

The Penza Case in Petersburg: Closing Statements
Mediazona
June 18, 2020

The trial of the “Network terrorist community,” whose alleged members have been charged with violating Article 205.4.2 of the Criminal Code, is winding down in Petersburg. The Second Western Military District Court has heard the case made by the prosecution, who asked the court to sentence Viktor Filinkov and Yuli Boyarshinov to nine and six years in prison, respectively. The court has also heard the cases made by the defense teams for both defendants. Today, Filinkov and Boyarshinov made their closing statements.

10:48 a.m.
At the previous hearing, on June 17, the prosecution and the defense made their closing arguments. Prosecutor Alexander Vasilenko asked the court to sentence Filinkov to nine years in a medium security penal colony, and Boyarshinov to six years.

The defense team of Boyarshinov, who pleaded guilty, asked the court to make note of their client’s “inactive” role in the events described by the prosecution and sentence him to no more than four years and five months in prison and not impose a fine on him.

ter1-boyar lawyersA scene from the courtroom in Petersburg: Yuli Boyarshinov’s lawyers are in the foreground.

In line with their defendant, Filinkov’s defense team insisted that his guilt had not been proven by investigators, and the documents that formed the basis of the indictment against him had been falsified by FSB officers. Defense lawyer Vitaly Cherkasov reminded the court of the circumstances of the arrest of Filinkov, who spoke in detail about being tortured [by FSB officers].

11:20 a.m.
The three-judge panel [troika], led by Roman Muranov, enters the courtroom.

The court allows Filinkov to make a closing argument.

“I apologize in advance to everyone involved in the trial: I will be repeating the arguments of my defense lawyers,” he says.

Filinkov intends to “go through the indictment.” He begins by saying that none of the witnesses identified him as [the alleged Network’s] “signalman.”

“I assume this is yet another fantasy on the part of [Petersburg FSB investigator Gennady] Belyaev or [Petersburg FSB field officer Konstantin] Bondarev [who arrested and tortured Filinkov]. How I am supposed to defend myself from this?” Filinkov asks.

He says that he had not seen some of the documents in the case file before. He is probably referring to the documents identified as “The Network Code” and “Congress 2017.”

“Whom did I provide with means of communication? None of the witnesses said anything about it, and only the defense questioned the witnesses about it,” Filinkov says emotionally.

11:24 a.m.
“I didn’t vet anyone, I didn’t select anyone, I didn’t recruit anyone,” says Filinkov in response to the next charge in the indictment: that he had selected people for the “terrorist community.”

Filinkov quotes the indictment: “Filinkov, Boyarshinov, Pchelintsev, and Shishkin were directly involved in joint training sessions.” Filinkov says that Shishkov was not involved in the training sessions, and Boyarshinov participated in only two events. And in any case, they studied first aid, not capturing other people or storming buildings or shooting firearms.

11:31 a.m.
“‘Clandestine Security’—page 3 of the indictment. What did this ‘elaborate system of security’ consist of? Three methods are mentioned in the seventeen volumes of the criminal case file: aliases, PGP encryption, and Jabber,” says Filinkov.

Filinkov lists the aliases and says they were not means of conspiracy.

“‘Redhead’ [Penza Network defendant Maxim Ivankin]: I saw him, and he’s a redhead—that’s very conspiratorial. ‘Twin’: as far as know, he has a twin brother,” says Filinkov.

Filinkov moves on to PGP encryption. He explains that, in practice, the two or three keys used for such emails consist of a few “very, very large” numbers that cannot be memorized, so they are stored on the computer. Filinkov also notes that the message’s subject, sender and recipient are not encrypted—only the text of the message is encrypted.

ter3-fil-email

Viktor Filinkov gives a short primer on how email works—before the head judge cuts him off.

11:35 a.m.
Judge Muranov interrupts Filinkov.

“We don’t need a lecture about encryption programs,” he says.

The defendant tries to reply.

“The prosecutor doesn’t understand how it works—”

Another judge intervenes.

“Then you get together with him and explain it,” says the judge.

Filinkov continues.

“It provides privacy, but it doesn’t provide secrecy,” he says, now in reference to the Jabber protocol for messengers.

11:41 a.m.
“It’s built on fantasies—that’s exactly how the ‘Network terrorist community’ was created,” Filinkov continues. “And it was badly built to boot. There are incorrect dates [in the case file], and [Penza FSB investigator Vyacheslav] Shepelyov [tampered] with the [text] files.”

Filinkov recalls how he, Igor Shishkin, and Ilya Kapustin were tortured, and mentions the verdict and sentence in the Penza trial.

“I don’t understand the prosecutor’s position. I expected him to drop the charges,” Filinkov says. “He won’t look at me. I can’t expect a response from him, can I?”

11:42 a.m.
“Think a little before you speak,” Judge Muranov tells Filinkov.

“Choose your words carefully,” adds another judge.

“I don’t consider myself guilty, and I ask you to acquit me,” Filinkov concludes.

11:44 a.m.
Boyarshinov’s closing statement:

“I’ve been in jail for two and a half years now. I can’t say that this prison experience has been totally negative. Isolation has taught me to love people and freedom even more, to appreciate even more my loved ones, who have supported me all this time. So, I want to use my closing statement to thank the people who have supported me: my parents, my spouse, and all my close friends.

“I would like to underscore once more that I have never held terrorist views, neither t hen nor now. I am sorry for what I did, and I’m glad that my activities caused no actual harm to other people. I ask the court not to punish me harshly. That is all.”ter4-boyar-closingDefendant Yuli Boyarshinov’s closing statement was so short that artist Anna Tereshkina didn’t have time to finish her sketch.

11:49 a.m.
Filinkov’s closing statement:

“The nine years in prison the prosecutor has requested are probably a token of respect for what I’ve been doing. This is what occurred to me about [Yegor] Zorin’s testimony: five narcotic substances were found in his blood when he was examined, but only two narcotic substances were found on his person—MDMA and marijuana. Neither MDMA or marijuana was found in his blood, however, while the five substances that were found were other synthetic drugs. Due to my circumstances, I’ve had the opportunity to talk to drug lords, and they have told me that synthetic drugs are quickly flushed from the bloodstream, and if [Zorin] had used marijuana, it would have remained in his blood. I would guess that the FSB officers knew that Zorin was a drug user, so they planted MDMA and marijuana on his person, thinking they were popular drugs. But they guessed wrong: he was using neither the one nor the other. It’s hard to believe that he drove around for a year [with these drugs on his person] and didn’t use them, while using everything else in sight. In a situation like that, you have to have courage to turn yourself in.

“As for the other [suspects and defendants in the case] who confessed and testified—Yuli [Boyarshinov] and Igor [Shiskin]—they acted pragmatically. They didn’t believe that any other outcome was possible. I understand them.

ter5-guard

“I would like to mention everyone who has been exposed in this case. First of all were the Petersburg FSB, the Penza FSB, and the Interior Ministry [the regular police], which carried out the orders of FSB officers without hesitation, without asking any questions. Then there was the prosecutor’s office, which has only been good for giving me the runaround and bringing in a colonel [as trial prosecutor] to read aloud from a piece of paper, refuse to respond to me, and ask the court to sentence me to nine years. I don’t understand whether [the prosecutor’s office] is independent or not. What happened to the ten years I was promised? The FSB officers promised to send me down for ten years. It is unclear whose initiative this is [to sentence Filinkov to nine years]. Is the prosecutor’s office or the FSB behind it? It basically doesn’t matter.

“Then there was the Investigative Committee, whose employees sent [Filinkov’s complaints of torture] from one place to the next, losing all the evidence in the process. There were the employees of the Federal Penitentiary Service, who refused to document the injuries [suffered by Filinkov and other defendants when they were tortured by the FSB], who promised that video recordings would not be lost, but then it turned out they had been deleted. There were the courts that remanded us in custody and extended our arrests. There were the legislators who made up such laws. All of them have disgraced themselves. I don’t know what the solution to this situation is. That is all.”

11:50 a.m.
The verdict in the case will be announced at 12:00 p.m. on June 22.

ter6-kulak cherkasViktor Filinkov’s defense team: Yevgenia Kulakov and Vitaly Cherkasov

12:04 p.m.
After the hearing, Filinkov’s defense team, Vitaly Cherkasov and Yevgenia Kulakova, said that, during the closing arguments, the prosecutor cited documents that had not even been read out in court, which is forbidden by the criminal procedure code, and attributed statements to Filinkov that he had never made.

All illustrations by Anna Tereshkina, who writes, “Viktor Filinkov and Yuli Boyarshinov made their closing statements today, and before that Viktor took part in the closing arguments. His eloquent speech, which disarmed all the scoundrels, made an incredible impression. Everyone whom he listed really has disgraced themselves, and they stand before all of us dirty, confused, and unable to do anything about it.” Thanks for Ms. Tereshkina’s kind permission to reprint her drawings here. Translated by the Russian Reader

A Death Sentence for Yuri Dmitriev?

dmitriev
Yuri Dmitriev. Archive photo courtesy of 7X7

Karelian Supreme Court Refuses to Release Historian Yuri Dmitriev from Remand Prison Where Coronavirus Has Been Discovered
Denis Strelkov and Sergei Markelov
7X7
May 7, 2020

The Supreme Court of Karelia has turned down an appeal by the defense to not extend local historian and head of the Karelian branch of Memorial Yuri Dmitriev’s arrest in police custody, 7X7 has been informed by Dmitriev’s lawyer Viktor Anunfriev.

The defense had asked the court to change the pretrial restraints imposed on the 64-year-old Dmitriev because the local historian was at risk for the coronavirus infection since a couple of months ago he had suffered a severe cold. On April 30, Artur Parfenchikov, head of the Republic of Karelia, wrote on his social media page that two prisoners in Petrozavodsk Remand Prison No. 1 had been diagnosed with COVID-19.

More than 150 people, including famous actors and musicians, scientists and teachers, had signed an open letter expressing concern for the health and well-being of Dmitriev, who in the late 1990s uncovered at Sandarmokh and Krasny Bor the mass graves of Soviet citizens executed during the Great Terror of the 1930s.

In April 2018, the Petrozavodsk City Court acquitted Dmitriev on charges of producing child pornography. The charges were made after nude photos of his foster daughter were found during a police search of his house. Dmitriev claimed that he had taken the snapshots at the request of social and health services to keep track of the girl’s health. Expert witnesses at the trial testified that they did not consider the pictures pornographic. Two months later, the acquittal was overturned by the Karelian Supreme Court, and Dmitriev was charged, in addition to making the pictures, with sexual assault.

Translated by the Russian Reader

BARS: Pro-EU Monarchist Stencilers

Court Hands Down Sentences in BARS Trial: From Three to Eight Years in Prison
OVD Info
April 17, 2020

In a circuit session at the Baltic Fleet Court, the Second Western Military District Court has sentenced the defendants in the trial of the Baltic Vanguard of the Russian Resistance (BARS) to up to eight years in prison, reports Mediazona, citing attorney Mikhail Uvarov from the Agora human rights group.

barsNikolai Sentsov and Alexander Orshulevich. Photo by Oleg Zurman. Courtesy of Mediazona and OVD Info

Alexander Orshulevich was sentenced to eight years in a medium-security penal colony, while Alexander Mamayev and Igor Ivanov were sentenced to six years. Although Nikolai Sentsov was sentenced to three years in a work-release colony, he was freed in the courtroom for time served in remand prison.

Orshulevich, Mamayev, and Ivanov were found guilty of making public calls to engage in terrorist and extremist activity, punishable under Articles 205.2 and 280.1, respectively, of the Russian Criminal Code. Orshulevich was also found guilty of creating an extremist community (Article 282.1.1), and Mamayev and Ivanov were found guilty of involvement in a terrorist community (Article 282.1.2). Sentsov was charged only with possession of firearms and explosives, punishable under Articles 222.1 and 222.1.1, respectively.

The prosecutor’s office had asked for sentences between six and ten years in prison for the accused men, who denied all wrongdoing.

abars-2Alexander Mamayev and Igor Ivanov. Photo by Oleg Zurman. Courtesy of Mediazona and OVD Info

According to investigators, the members of BARS, a monarchist organization, were planning to forcibly annex Kaliningrad Region to the European Union .  To achieve their goals, according to investigators, the accused were planning to use stencils to paint extremist inscriptions on walls. The defense claimed that these stencils were planted by law enforcement officers during searches.

Initially, all four men were charged with “extremism,” but then the indictment was changed to more serious charges—organizing and being involved in a “terrorist community.”  Orshulevich was then indicted on five charges. In early April, the court reclassified the charges: three of the defendants now faced “extremist community” charges, while Sentsov faced only the possession charge.

Orshulevich, who is accused of organizing BARS, said that during the search of his flat, police put a plastic bag over his head and roughed him up.

Translated by the Russian Reader

Jenya Kulakova: A Letter from Dilmurod

dilmurod-2Dilmurod Muidinov. Photo courtesy of Regnum and Jenya Kulakova

Jenya Kulakova
Facebook
February 24, 2020

I received a Federal Penitentiary Service (FPS) Letter Service letter from Dilmurod Muidinov. (He is 22 years old, and he was sentenced to nearly the same number of years—20—for the bombing in the Petersburg subway, something he obviously had nothing to do with.) He wrote super-small on the reply form to make as much fit as possible , while the resolution of scan was very low, and so I wound up with a bunch of pixels. (Update: Lyova helped me with the image, so I’ll be able to read it, yay!)

Dilmurod is a gnarly letter writer and an interesting correspondent who has a sense of humor and a fascinating story. He has permitted me to publish his letters, so I’m going to post here his previous letter, in which he writes about how he came up with a cake recipe called “Gentle Morozov” (named after the judge who sentenced him to 20 years in maximum security), and about how he, an ethnic Uzbek, witnessed the ethnic riots in Osh in 2010, when he was 13 years old.

dilmurod-1

A scan of Dilmurod Muidinov’s letter to Jenya Kulakova. Courtesy of Jenya Kulakova

“I made a cake the other day. I turned on my imagination and made it following my own recipe, which I gave the name “Gentle Morozov.” :) Maybe I can treat you to it someday, and if I am somehow able to sell the recipe to a pastry shop, I will ask that they not change the name.”

“When I was 13 years old, we had a genocide in our city. I witnessed women, old people, and children being killed and burned only because they were from a different ethnic group, and at the age of 22 I witnessed everything that has happened to me now.”

Read his letter and write to Dilmurod or anyone else from the group of eleven people convicted for the bombing in the Petersburg subway. You can read about the case and the defendants on this website: http://3apr2017.tilda.ws. And here is information you need to send letters via the FPS Letter Service.

Remand Prison No. 5 (Arsenalka):
Кarimova, Shohista Sodikovna, born 1971 (sentenced to 20 years in prison)
Remand Prison No. 6 (Gorelovo):
Azimov, Abror Ahralovich, born 1990 (sentenced to life in prison)
Remand Prison No. 1 (Kresty):
Azimov, Akram Ahralovich, born 1998 (28 years in maximum security)
Ortikov, Sodik Zokirovich, born 1979 (22 years in maximum security)
Ermatov, Muhamadusup Bahodirovich, born 1991 (28 years in maximum security)
Ermatov, Ibrahimjon Bahodirovich, born 1993 (27 years in maximum security)
Mirzaalimov, Mahamadusuf Dilshadovich, born 1995 (20 years in maximum security)
Mahmudov, Azamjon Asadovich, born 1994 (20 years in maximum security)
Hakimov, Seifulla Vahitovich, born 1978 (19 years in maximum security)
Ergashev, Bahrom Hasilovich, born 1978 (19 years in maximum security)
Muidinov, Dilmurod Furkatovich, born 1997 (20 years in maximum security)

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

Push the Red Button

 

red button-2 “Red Button—human rights protection is always at hand. Red Button protects you from abuses of power by the authorities and quickly informs your friends, relatives, and human rights organizations about what happened. √We automatically locate the police station where you were taken. √We report the incident to the friends and relatives you selected. √We inform human rights organizations about what happened to you.” Screenshot of the Red Button website.

Yekaterinburg Police Suspect Creator of App for Detainees at Protest Rallies of Buying Drugs
Takie Dela
February 23, 2020

Police in Yekaterinburg have detained Alexander Litvreev, an IT specialist, founder of the cyber security firm Vee Security, and creator of an app for people detained at protest rallies. Litvreev’s lawyer Alexei Bushmakov reported the incident to Takie Dela.

According to Bushmakov, his client was detained on February 23 at the entrance to a hotel. Litvreev had come to Yekaterinburg on a visit, but he resides in St. Petersburg, where he was scheduled to speak at a conference in the evening. When police searched Litvreev, they allegedly found less than a gram of ecstasy.

Bushmakov refrained from drawing connections between the arrest and Litvreev’s political activism, but he did stress that the police officers who questioned Litvreev at the police station were aware of his activities and knew who he was.

“Alexander had arrived at the hotel in a car-sharing car. When he and his girlfriend got out, police officers surrounded them. His girlfriend was later questioned as a witness,” Bushmakov said.

Litvreev has been charged with violating Article 228.1 of the Russian Criminal Code (illegal acquisition of drugs) and sent to a temporary detention center until February 24, when his bail hearing will be held. According to Bushmakov, since Litvreev is not registered to live in Yekaterinburg, it is likely that he will be remanded in custody, something the defense attorney would like to avoid.

Thanks to Litvreev’s app Red Button, people detained at protest rallies can inform human rights defenders of their whereabouts.

“Red Button is the first button you’ll want to push when you’ve been illegally thrown into a paddy wagon. Human rights activists will find out immediately and try to help you,” Litvreev told Takie Dela in April 2017.

Vee Security offered users a proxy for bypassing the official blocking of the Telegram messenger service in April 2018. In 2017, Roskomnadzor requested that the Interior Ministry conduct an inquiry into whether Litvreev had organized the “simulated blocking” of websites.

Translated by the Russian Reader

“The People’s Crime”: Drug Convictions Are Filling Russia’s Prisons with Nonviolent Offenders

lebedev-dimaDima has been sentenced to 11 years in prison for a minor drugs offense. Photo by Mikhail Lebedev

Mikhail Lebedev
Facebook
February 19, 2020

THIS IS IMPORTANT! LEGAL HELP NEEDED!

It is no secret that I am now shooting a project dealing with the so-called people’s article [Article 228 of the Russian Criminal Code, which makes it a felony to possess over seven grams of a controlled substance; see the articles, below—TRR]. Among other things, I have been photographing people who were convicted under this article and interviewing them. Four months ago, I went to Novgorod to shoot Dima, who was on his own recognizance as his trial was underway. [Last] Friday, Dima, who is twenty-two, was sentenced to eleven years in a maximum-security prison.

Dima was not a dealer. He used synthetic drugs and, as often happens, he used them in the company of others. A couple of times he also used his Hydra account to buy stashes of drugs for friends and sent them photos of the stashes. At some point, the “friends” were detained, the photos Dima sent were found on their telephones, and Dima became a “drug dealer.” At most, he should have been charged with aiding and abetting, but the court refused to change the charges.

This is not a matter of right or wrong, but of whether the punishment fits the crime. Dima is guilty of using drugs and “helping” friends in such an irresponsible manner. Nowadays, however, the emergence of the Darknet and Hydra make it akin to a computer game: you can buy anything with a couple of clicks. I remember what my friends and I were like at the age of twenty-two: any of us could have been sent down like Dima. We lucked out, however, and he did not. Eleven years in prison! People get less time for rape and murder, not to mention assault and battery, domestic violence, and robbery.

We walked around Novgorod for five hours, conversing the entire time. Dima already had a different life: he had stopped using, improved his relationship with his girlfriend, and worked as a loader when possible. (Although Dima is a talented programmer, no one will hire you above the table if you are under investigation.) When he gets out of prison, society will punish him again. Among the people I have met, no one convicted under Article 228 who has served time or been put on probation can get a decent job above the table because corporate security services reject such applicants.

If any of my friends on Facebook know good lawyers in this area or foundations that help people convicted under Article 228 or have practical advice, be sure to write me and I will pass on these contacts to Dima’s girlfriend. His family is now preparing an appeal, and they need support and legal assistance.

message from xtc dealerPetersburg and other Russian cities are now chockablock with stencils and placards advertising illegal drugs like this one, which I photographed in March 2018.

The Stash and Its Master: Why Russians Are Becoming Drugs Couriers
Nataliya Zotova
BBC Russian Service
June 10, 2019

With the spread of the internet and smartphones in Russia, a whole new profession for young people has emerged—stashers (zakladchiki) aka stashmen (kladmeny), people who deliver drugs ordered on the internet to buyers. Although it is a fairly easy way for young people to make money, they could face up to twenty years in prison if they are caught.

Young people employed in the business told the BBC why they went into it, what the job involved, and whether they were afraid of getting caught.

[…]

Twenty-year-old Daniil Zhilenkov did his mandatory military service in the Russian National Guard, and when he was demobbed, he wanted to sign up again as a professional soldier. But he changed his mind when he found out that novice guardsmen made only 16,000 rubles [approx. $250] a month. He then left his hometown of Mariinsk, in Kemerovo Region, to live with his girlfriend, a university student in Krasnoyarsk. Kseniya could not contribute to their joint budget because she had to finish her studies.

Daniil found employment at the train depot (he had graduated from the railway college before going to the army), but he left the job after a month, again due to the low salary. He tried working part-time at a car wash.

“The salary was 27,000 rubles [approx. $420] a month. Our rent was 15,000, and then there were the groceries. We didn’t have enough money to cover everything,” he said.

Kseniya recalled that she bought only the cheapest products at the time.

One day, Daniil and a friend were walking down the street and saw an ad on a wall: a store was hiring couriers. Daniil found out what the store sold when came home and googled the name.

“He took the job without my knowledge. When he started going out in the evenings, I realized something was wrong. We sat down and talked. We had a huge row over it,” Kseniya recounted, explaining that she was afraid for her boyfriend.

Daniil was not afraid, however.

“I didn’t think about how to do things more safely. I couldn’t imagine the police were interested in us. It was quite the opposite, as it turned out: it is only people like us who are arrested,” he said.

Daniil and Kseniya agreed that he would not do the work for long, only until he found a better job.

“He said, ‘I’ll save up and leave,'” she recalled.

So four months passed, but one night Daniil was detained on the street by the police. He was sentenced to seven years in prison for distributing drugs.

He spoke to me on a pay phone from the penal colony in Irkutsk: he had served around two years of his seven-year sentence. Daniil wondered how old I was. I told him I was twenty-age. Daniil would be the same age when he was released.

[…]

Translated by the Russian Reader

fullsizeoutput_1ba8“Stashers wanted.” Petrograd Side, Petersburg, March 2018. Photo by the Russian Reader

A Change in Russia’s Draconian Drug Laws Could Be on the Horizon
The fiasco surrounding the case of investigative journalist Ivan Golunov is bringing the country’s controversial Article 228 into the spotlight.
Pjotr Sauer
Moscow Times
June 14, 2019

Living in a country where so-called gay propaganda is banned, Denis, 19, was happy to finally meet someone he felt a connection with on the dating app Tinder.

A few weeks after they had started chatting, the guy on the other side of the screen invited him over and asked him to bring “some weed” to relax them during their first encounter. But when Denis arrived at the address his date had given him, he was met by two policeman who began to search him.

“It turned out to be a set up, and the guy I was talking to on Tinder was a cop,” Denis told The Moscow Times.

The police presented him with a choice — pay a bribe or face being charged under the notorious Article 228 for drug-related crimes.

“They told me they would charge me with possession of 7 grams of marijuana and open a criminal case against me, even though I had much less on me. It would have been the end of my university career and possibly my future,” he said.

Possession of up to 6 grams of the drug is an administrative offense, while anything over that is a criminal offense. Denis paid the 70,000 ruble ($1,088) bribe.

Russia has the highest number of people per capita imprisoned for drug crimes in Europe. Most of them were convicted under Article 228 of the Russian Criminal Code — nicknamed “narodnaya statya” or “the people’s article” because of the large number of people imprisoned under it. In 2018 alone, around 100,000 people were jailed under the article, and a quarter of all prisoners are in jail on drug-related charges.

According to Maksim Malishev coordinator of the Andrey Rylkov Foundation NGO that aims to change Russia’s drug laws, Denis’s story is far from unique.

“We constantly hear of police either planting drugs on innocent people or increasing the amount of drugs they caught someone with in order to prosecute the person under criminal law,” he said.

Human rights lawyer Arseniy Levinson said that police and other officials fabricate cases for several reasons, including having to reach certain quotas and collecting bribes.

Last week, Russian investigative reporter Ivan Golunov was arrested and charged with drug trafficking under Article 228. The anti-corruption journalist’s detention led to a national outcry among his Russian peers and human rights activists, who said drugs found by police in his backpack and apartment were planted. On Monday, Russia’s Interior Ministry ruled to drop the charges against Golunov, admitting that there was no evidence the drugs belonged to him.

“Not everyone is as famous as Ivan Golunov, and most cases go unnoticed as they aren’t political. We have thousands and thousands of people rotting away in jail because of false charges,” said Vyacheslav Matushin, a colleague of Malishev at the Andrey Rylkov Foundation.

The Golunov case has ignited public debate about Article 228 and how it is being implemented.

“We are feeling the post-Golunov effect, and this could be a turning point in how Russians look at Article 228,” said Ella Paneyakh, a sociologist at Moscow’s Higher School of Economics.

The problem with current drug legislation is how the system is set up, said Mikhail Golichenko, a human rights lawyer specializing in drug and HIV cases.

He pointed to official state figures showing that over 80 percent of all people charged under Article 228 are convicted for the possession of drugs without the intention of selling them.

“In those cases, police have almost full oversight over the evidence that is presented to the courts and the judges need little else to make their decision.”

Golunov’s high profile case, however, might have triggered a response from the authorities. On Tuesday, the independent television station Dozhd reported that a proposal to cut sentences for drug possession unrelated to attempted sales might be passed by Russia’s State Duma before the end of the spring session.

The first hearing could be on June 20.

“I know they have been working for a while now on softening the legislation, maybe now they think they will have the support of the public to push it through,” Malishev said, adding that “it is only a tiny step in the right direction.”

Several high profile officials have also voiced their support for reform. Alexei Kudrin, the head of the Audit Chamber and a long-standing advisor of Russian President Vladimir Putin said while he “welcomed” the release of Golunov, “many others are still in jail” and called for a reform of Article 228.

Lawyers and human rights activists The Moscow Times spoke to, however, remain skeptical that new legislation will bring genuine change.

“The government might soften the laws a bit, but unless there is a fundamental shift in the way police deal with suspects, this will keep on happening,” Levinson said.

It’s also unclear if drug reform has popular support

Sociological polls indicate little public support for any kind of drug decriminalization in Russia. Levada, the country’s sole independent pollster, in 2014 showed that only 14 percent of the population would like to see soft drugs legalized.

VTsIOM, the state polling agency, showed similar numbers in 2018. But attitudes toward punishment for drug-related offenses were much more lenient among under 24s.

“There is a definite generational shift in attitudes towards drug use, young people are seeing the absurdity of the current legislation and how it is being implemented,” said Malishev, adding that his organization received a “large amount of interest and calls” following Golunov’s arrest.

Other initiatives have also sprung up to bring attention to the issues surrounding current drug legislation, including a range of t-shirts with the slogan “228” from Moscow-based fashion brand Kultrab.

“They have been a massive success, we completely sold out and had to order a new batch, people have been proud to wear them on the streets and are posting about them on social media, so the stigma seems to be going away,” said Kultrab’s founder Yegor Yeremeev.

“We have the momentum with us, suddenly everyone is talking about 228. People have realized that they too could be Golunov,” he added.

This sentiment was echoed by the editors of Russia’s three most influential newspapers — Vedomosti, Kommersant and RBC — who on Monday made history by printing identical front pages with the headline “I/We are Ivan Golunov” in support of the journalist.

RBC’s editor-in-chief, Igor Trosnikov, told The Moscow Times that Golunov being charged under Article 228 played a big role in the decision.

For Denis, change can’t come soon enough, as he said he and his friends often feel “hunted by police” in Moscow under the current laws.

“This has to end, I am sick of being scared.”

Eduard Nizamov Gets 23 Years Hard Time for Thought Crimes

nizamovEduard Nizamov. Photo courtesy of Idel.Realii (RFE/RL)

Court Sentences Kazan Resident Eduard Nizamov to 23 Years in Maximum Security for Managing Hizb ut-Tahrir
Regina Gimalova
Idel.Realii (Radio Svoboda)
February 10, 2020

Today, February 10, the Central Military District court in Yekaterinburg announced its verdict in the trial of Kazan resident Eduard Nizamov, accused of managing the Russian wing of Hizb ut-Tahrir. Nizamov was sentenced to 23 years in a maximum-security penal colony.

The Kazan resident was charged with financing terrorism (punishable under Article 205.1.1 of the Russian Federal Criminal Code), organizing terrorist activity (Article 205.5.1), and attempting to seize power illegally (Article 278.30.1). Nizamov pleaded not guilty to all of the charges. He and his defense attorney, Rifat Yakhin, consider the case a frame-up.

During the trial, the defense revealed the real identity of a secret witness who testified to investigators. The defense argued that their testimony was used to implicate Nizamov.

“This witness, whose identity was hidden under a man’s name, allegedly donated money to finance Hizb ut-Tahrir’s activities. In fact, the witness is a woman whose child goes to the same school and studies in the same class as my client’s child,” Yakhin said.

“The financing of terrorism” in question was the payment of 200,000 rubles to Nizamov. According to Yakhin, the woman acting as a hidden witness gave his client this amount because Nizamov was building her a house. He argues that the authorities “got to” the woman, whose husband was then serving time for involvement with Hizb ut-Tahrir. Investigators were unable to find this amount of money in Nizamov’s possession during the investigation.

The prosecutor asked the court to sentence Nizamov to 25 years in a penal colony and fine him 200,0000 rubles, to be paid to the state treasury. The defense asked the court to acquit Nizamov. The court sided with the prosecution, finding Nizamov guilty on all three counts and sentencing him to 23 years in a maximum-security penal colony and ordering him to pay the 200,000 rubles.

Nizamov was detained on October 10, 2018, at his home in Kazan. He was suspected of running the Russian wing of the banned Hizb ut-Tahrir organization. In September of last year, the final version of the charges against Nizamov were made public. In addition to managing the organization, he was charged with financing terrorism and planning the violent seizure of power.

Two other residents of Kazan, Ildar Akhmetzyanov and Rais Gimadeyev, were also detained on the same day as Nizamov. They were identified by authorities as “leaders” of the banned organization in Tatarstan.

All of them have pleaded not guilty to all of the charges. The maximum punishment for the crimes they are alleged to have committed is life in prison.

After his arrest, Nizamov complained that officers at the remand prison had tortured him. He also said that his cellmates had been provoking him. According to our source, Nizamov was moved to another cell after his story went public.

In 2005, Nizamov was convicted of involvement in an extremist organization, as punishable under Article 282.2.2 of the Criminal Code, and sentenced to two years’ probation.

Hizb ut-Tahrir was designated a “terrorist organization” in Russia in 2003. According to human rights activists, the decision was groundless, since there was no evidence that members of the movement had ever planned or carried out terrorist attacks. The Memorial Human Rights Center has placed Nizamov on its list of Russian political prisoners.

Thanks to Elena Zaharova for the heads-up. Translated by the Russian Reader

86 Years in Prison for 7 Defendants in Network Case

Defendants in Network Case Receive Up to 18 Years in Prison
Bumaga
February 10, 2020

The Volga District Military Court, [sitting in Penza], has [convicted and] sentenced seven defendants in the Network Case.

Dmitry Pchelintsev was sentenced to 18 years in a maximum-security penal colony. Ilya Shakursky was sentenced to 16 years in a penal colony and fined 50,000 rubles. Investigators claimed they were organizers of a “terrorist community.” Both men alleged that FSB officers had electrocuted them in order to obtain confessions.

Maxim Ivankin was given 13 years in a maximum-security penal colony, while Andrei Chernov was sentenced to 14 years, and Mikhail Kulkov, to 10 years. They were found guilty of involvement in a “terrorist community” and attempting to sell drugs.

Vasily Kuksov was sentenced to 9 years in a penal colony. He was accused of involvement in a “terrorist community” and illegal possession of a weapon. Another defendant, Arman Sagynbayev, received 6 years in prison.

The verdict handed down by the court in Penza suggests that the acquittal of the Petersburg defendants in the case is less likely, Viktor Cherkasov, the lawyer for Viktor Filinkov, a defendant in the Network Case, told Bumaga.

“It sends a message,” said Cherkasov. “It is difficult to hope [for a positive outcome], but we are still determined to protect Filinkov’s interests.”

Cherkasov said that he planned in court to point to the faked evidence in the case. He also that he would take the case to the European Court of Human Rights if Filinkov were found guilty. The next hearing in the Network Case in Petersburg should take place between February 25 and February 28.

[In October 2017 and January 2018], antifascists and anarchists were detained in Penza and Petersburg. They were accused of organizing a “terrorist community,” allegedly called “the Network.” Its alleged purpose was to “sway the popular masses for further destabilization of the political situation” in Russia.

The defendants in the case said investigators had tortured them as a way of forcing them to confess and weapons had been planted on their persons and property to further implicate them. [Some of] the arrested men had played airsoft together: this, investigators, said was proof they were planning terrorist attacks.

Investigators claim that the Petersburg defendants in the case, Filinkov and Yuli Boyarshinkov, acted as the group’s sapper and signalman, respectively. Their trial is scheduled to resume in late February.

Translated by the Russian Reader

This verdict doesn’t leave me at a loss for words. I’m just convinced there is no point in using them when everyone who could listen has made a point of tuning out people like me. If someone invited me to appear on their aptly named alternative radio program or their globe-spanning Qatar-based international TV network (as nearly happened in the past), I could talk for hours about the Network Case. But that’s not going to happen. Although if I were a betting man, I would wager that our tiresome planet’s obnoxious pillars of liberal truth—the New York Times, the Guardian, the Washington Post, and Al Jazeera, among others—will suddenly weigh in on the case after blithely ignoring it for two years, as will many if not all of the crypto-Putinist “Russia watchers” in our midst, eerily silent until now. Barring a sudden revolution, don’t imagine this is the last such case in Russia, a country that has worried so many people around the world for the last several years that they’re determined not to know anything particular about it except “Putin” and “troll factories.” And don’t imagine that a show trial just as juicy and unjust won’t be coming to a theater near you. Please don’t reprint, repost or otherwise reference this article without prefacing it with my remarks. I’d like to preempt “spontaneous” shows of “solidarity” by people who couldn’t be bothered to do anything when it would have made a difference. Despite the well-known saying, it IS a popularity contest, and seven innocent young men in Penza have lost it. [TRR]

“I Examined You from a Distance”: Journalist and Human Rights Lawyer Attacked in Grozny

84412382_3207050759323702_7873276774191202304_n“My poor head.” This was the photo that reporter Elena Milashina posted on her Facebook page after being attacked in Grozny earlier today.

Novaya Gazeta Journalist Elena Milashina and Human Rights Lawyer Marina Dubrovina Assaulted in Grozny
Mediazona
February 6, 2020

Novaya Gazeta has reported that persons unknown assaulted its correspondent Elena Milashina and human rights lawyer Marina Dubrovina in Grozny.

Milashina and Dubrovina had arrived in Grozny for the trial of blogger Islam Nukhanov, who shot a video entitled How Kadyrov and His Associates Live, Part 1. After the video was posted, Nukhanov was charged with illegal possession of weapons, punishable under Article 222 Part 1 of the Russian Criminal Code.

Novaya Gazeta writes that the assault took place in the lobby of the Continent Hotel and near the building’s entrance. Unidentified men and women beat up lawyer Marina Dubrovina.

“It was mostly women who assaulted her, punching and kicking her,” the newspaper said.

The newspaper noted that the assailants videotaped the incident.

Milashina and Dubrovina are now having their injuries documented by physicians and plan to file charges with Chechen law enforcement authorities.

84105461_3207145192647592_8637423701794488320_nHuman rights lawyer Marina Dubrovina. “We are being driven to the crime scene in a police van with its lights flashing,” writes Elena Milashina.

Milashina has just written that Musa Bekov, a neurosurgeon at the Grozny hospital [where they went], refused to examine Dubrovina carefully.

“I examined you from a distance. Everything is fine, everything will heal. Have a nice day,” Milashina quoted the doctor as saying.

______________________

Yegor Skovoroda
Facebook
February 6, 2020

It so happened that four years ago, when Kadyrov’s men attacked our van in Ingushetia, lawyer Marina Dubrovina was the first person I called and told about it —while lying on the floor of the van, its windows broken. I was beaten with sticks, first in the van, and then in a roadside ditch. Several young women next to me were beaten in the same way.

Today in Grozny, Marina Dubrovina and Elena Milashina, from Novaya Gazeta, were attacked near a hotel. I would not be surprised if the perpetrators were the same, but the man who commissions all crimes in Chechnya is Ramzan Kadyrov. Novaya writes that Marina was beaten up.

______________________

Chechen Man Who Shot Video “How Kadyrov and His Associates Live” Charged with Crime
Mediazona
December 9, 2019

Novaya Gazeta reports that Islam Nukhanov, a Chechen man who shot a video entitled How Kadyrov and His Associates Live, has been charged with a criminal offense.

According to the newspaper, Nukhanov spent most of his time outside Chechnya, but in the spring he came to the republic to apply for a free operation. It writes that Nukhanov often watched the videos of opposition blogger Tumso Abdurakhmanov.

“He frequently raised in conversation the question of how people were so filthy rich and lived in such palaces in a subsidized republic with very high unemployment,” Novaya Gazeta writes.

On October 31, Nukhanov posted a video, entitled How Kadyrov and His Associates Live, on YouTube. Shot from a car, the video features houses in a Grozny neighborhood that Novaya Gazeta calls the “Chechen Rublyovka.”

The newspaper describes the video’s contents: “The dashcam blankly records the houses on either side of the road. The driver does not utter a single word.”

According to Novaya Gazeta, the next day men in camouflage uniforms burst into Nukhanov’s house and took the young man away. It writes that the men confiscated all of his telephones, his computer and CPU, and the “ill-fated” Ford Focus whose dashcam Nukhanov used to shoot his video.

Novaya Gazeta writes that a day after the arrest Nukhanov’s father saw his son at the police station. He had been beaten up, his hand was bandaged, and his clothes were bloody and nearly torn to shreds.

Nukhanov was charged with illegal possession of weapons, as punishable under Article 222.1 of the Criminal Code. According to investigators, the young man was summoned to the police station to “verify intelligence.” Once at the station, Nukhanov allegedly behaved suspiciously, and so it was decided to search him. Police allegedly found two gun cartridges in his pocket, and when they searched his car, they also found a pistol. The young man pleaded guilty on the advice of his state-appointed lawyer.

The newspaper writes that Nukhanov spent nearly a month in the basement of the Grozny central police station. The court remanded him in custody only on November 27. After his wife hired Nukhanov a “proper” lawyer, he withdrew his confession.

Thanks to Yegor Skovoroda for the heads-up. Translated by the Russian Reader