Today, Kostya Kotov was sent down for two months. It was a temporary remand in custody, but there is a chance he could be charged with the same article in the criminal code as Ildar Dadin, meaning he could be sentenced to prison for up to five years for the sum total of administrative offenses on his record.
Kostya was always sticking up for people. He would go to courthouses and stand holding placards in their defense. If that is a crime, I don’t know what to say.
As Yana Teplitskaya wrote correctly today, the difference between Dadin and Kotov is enormous. Dadin attacked the regime, while Kotov stood up for its victims. Meaning he did what you cannot help doing if you have a shred of conscience left in you.
By coincidence, Dadin was detained today, too.
Kostya is a staunch opponent of violence: I have personally spoken with him about this. He is a calm, intelligent chap and works as a programmer. I cannot even remember him raising his voice to anyone.
And so it transpires he is a criminal and a danger to society.
This is awful, but I wanted to write about something else.
I was at Kotov’s court hearing today. The authorities took a long time getting him to the courthouse. The hearing was slated for ten, but it was around two when he was brought to the courthouse.
I went outside to have a smoke. A film crew from Channel One was hanging out there. Right then, a paddy wagon pulled up and guards led Kostya to the courtroom. I waved at him.
“Konstantin, tell us what you were arrested for?” the female reporter from Channel One yelled from right behind me.
I don’t know what answer she wanted to hear and how she imagined she would hear it. The distance between the vehicle and the entrance to the courthouse was ten meters or so. Kostya was handcuffed and under guard. Did she expect him to stop and explain to her why he had been arrested?
Someone next to me turned to her.
“For nothing,” he said.
Kotov had been taken away. I didn’t manage to finish my cigarette.
Konstantin Kotov. Photo by Adik Zubcik. Courtesy of Facebook and Mediazona
“Any Injustice Would Upset the Guy”: The Man Charged under the “Dadin” Article
Anna Kozkina, Dima Shvets, and Elizaveta Pestova Mediazona
August 13, 2019
On Wednesday, the Presna District Court will decide on custody measures for 34-year-old Konstantin Kotov, a programmer who has been charged under the rarely used Article 212.1 of the Russian Criminal Code, which makes repeated administrative violations at protest rallies a criminal offense. Mediazona tells the story of a man who had the bad luck to get involved in political activism in a period when people who attend any unauthorized public events are rampantly persecuted.
It is August 13, the middle of the workday. The weather in Moscow is fine. A fifty-something man stands outside a presidential administration building on Staraya Ploshchad, holding a placard that reads, “Konstantin Kotov is being persecuted under the criminal code for defending political prisoners. Free the defender of freedom.”
Rekubratsky says members of the group have been holding solo pickets here every weekday since September 6, 2018. Usually, the picketers demand a total exchange of Russian and Ukrainian prisoners of war, but last night their comrade the 34-year-old Moscow programmer Konstantin Kotov was detained and charged with a criminal offense. Kotov was one of the people who came up with the idea for the daily pickets and had been actively involved in them.
“We met about a year ago at pickets in support of Oleg Sentsov, who was on hunger strike at the time in support of other political prisoners. It had a big impact on many people who were strangers to political activism. But Kostya had earlier attended protest marches of some sort. I don’t know exactly which ones,” says Nikolai. “He said he had no clue who Sentsov was, but when his hunger strike kicked off and Kostya read about it on the internet, it made a very strong impression on him and so he began supporting Sentsov.”
Other activists walked up to the entrance to the presidential administration. One young man hands Rekrubratsky his written surety for Kotov: tomorrow, a court will decide on custody measures for him. The people going into the building pay no mind to the picketers.
“Life was such that ever more events and injustices happened, and Kostya could not help reacting to them. He took part in pickets and was repeatedly detained,” Rekrubratsky continues.
Nikolai Rekubratsky. Photo by Dima Shvets. Courtesy of Mediazona
Nevertheless, on Facebook, Kotov listed his place of employment as DSSL, a company that produces video surveillance systems and, in particular, facial recognition software.
“Any injustice would upset the guy. He always reacted, going to rallies and standing in pickets. His stance was always extremely peaceful,” recalls activist Anna Babicheva.
“At the Nemtsov memorial march in February, Kostya for some reason gave me his placard, which is very well designed. There are silhouettes of crosses and bombs drawn on it, and the simple slogan, ‘Say No to War.’ It is a big A1-sized placard, and I really enjoy picketing with it. It’s my favorite placard by Kostya,” says Grigory Simakov, a volunteer at the Nemtsov Bridge memorial, a member of the 14% Movement, and a participant in the total prisoner exchange pickets.
It was Kotov’s protest activism that was the reason for the criminal charges filed against him under Russian Criminal Code Article 212.1 (“repeated violation of the rules for holding rallies, marches, and pickets”).
According to the written order to institute criminal proceedings, the case is based on three occasions on which Kotov was charged with administrative offenses in the last six months, although the document refers not to three but four violations.
The first administrative case had to with calls to take part in the Moscow City Duma elections protest on July 19 on Trubnaya Square, which Kotov posted on Facebook. The Tverskoi District Court in Moscow found him guilty of organizing a public event without notifying the authorities (Article 20.2.2 of the Administrative Offenses Code) and sentenced him to ten days in jail.
Earlier, on June 12, Kotov took part in a march in defense of journalist Ivan Golunov. The Presna District Court fined him 15,000 rubles after finding Kotov guilty of hindering the movement of vehicles and pedestrians (Article 188.8.131.52 of Administrative Offenses Code).
Kotov was detained during a gathering, outside an FSB building on May 13, in support of defendants in the Network and New Greatness cases. In this instance, the Meshchansky District Court found him guilty of repeated violations of the law on rallies (Article 20.2.8 of the Administrative Offenses Code) and jailed him for five days.
On August 10, Kotov again took part in an “unauthorized” protest near Staraya Ploshchad. According to investigators, he chanted the slogans “Let them run,” “Putin is a thief,” “We are the power here,” “Down with Putin,” “All for one, and one for all,” and “Russia will be free.”
After police dispersed the protest, Kotov spent two days at the Sokolinaya Gora police precinct. On August 12, he was released under an obligation to return to the precinct for a meeting with an Investigative Committee investigator. Several hours later, he was detained again and taken to the Investigative Committee for questioning.
A screenshot from Maria Eismont’s Facebook page showing her and Konstantin Kotov after his release from a Moscow police precinct on August 12 and explaining that Kotov was “grabbed” and delivered to the Investigative Committee two hours after the photo was taken. Courtesy of Mediazona
“They attacked him from behind. They threw him on the ground and twisted his arms behind his back. Yet, at the same time, they asked, ‘Konstantin, what are your political views?’ When his personal effects were searched at the Investigative Committee, they found a copy of the Criminal Procedures Code, a copy of the Administrative Offenses Code, a booklet entitled Crimea Is Ours, a bag emblazoned with poems by a poet from Lviv, and a placard that read, ‘Let them run.'”
“Then they found his mathematical engineering honors diploma.”
“‘Attaboy!’ said the investigator,” Eismont recounted.
In the late evening, it transpired that charges had been filed against Kotov under the relatively rarely used Article 212.1 of the Russian Criminal Code. After the release of Ildar Dadin, the first person to be charged, convicted, and imprisoned under the new law, it has been used only twice: against Vyacheslav Egorov, leader of the anti-landfill protests in Kolomna, and against Andrei Borovikov, who was involved in the anti-landfill protests in Shies.
“Morning is arriving, dawn is breaking outside. Investigators put the placard they have found—’Free Ponomaryova,’ ‘Free Nastya Shevchenko,’ ‘Free political prisoners!’—on the living room floor. ‘Kostya, do you have bags to put all of this in?’ ‘I have garbage bags.’ ‘Those will do.’ There is a sewing machine. ‘Is it a Singer?’ ‘No.’ There are more placards. ‘You have a lot of this stuff,’ a field officer notes,” Eismont wrote in her description of the search.
During the search of Konstantin Kotov’s apartment. Courtesy of Maria Eismont
Kotov was formally charged on the morning of August 13.
“Unfortunately, Criminal Code Article 212.1, which had been dubbed a ‘sleeper’ article, has woken up and sprung into action. Moreover, as in the Egorov case, the formal approach to the law has been taken in Kotov’s case, despite the Constitutional Court’s well-known ruling on the matter. This means that if a person has been found by the courts to have violated Article 20.2 of the Administrative Offenses Code three times over six months, the fourth violation is treated as a criminal offense,” says Eismont. “The fact that people involved in ‘unauthorized’ protests cross the street at crosswalks doesn’t matter to anyone. The Constitutional Court ruled that only those protesters who did something dangerous were liable to criminal prosecution and punishment. The system has shown that it regards protesting without permission as a danger to itself and, thus, a crime.”
Criminalizing Protest Has Become a Tool for Combating Rallies Experts Studied Use of Law Criminalizing Violence Against Authorities
Anastasia Kornya Vedomosti
February 28, 2019
Defending Protest (Apologiya protesta), an organization that provides assistance to people detained at protest rallies, has analyzed the use of Russian Criminal Code Article 318 against people involved in protest events. Article 318 makes violence against authorities a criminal offense. Between 2009 and 2017, a total of 65,046 people were convicted on this charge. Typically, the charge has been filed against people involved in drunken brawls broken up by police units or people involved in roadside altercations with traffic police. But Article 318 has also become the primary tool for charging activists with using violence against the security forces.
There are no separate figures for protesters charged with violating Article 318, but between 2013 and 2015 the number of people convicted on such charges rose annually by 600 to 800 people before decreasing slightly. The authors of Defending Protest’s report argue this increase stemmed from a rise in the number of protests and protesters in 2012: it was on May 6, 2012, that the March of the Millions took place, leading to the show trials of the Bolotnaya Square Case. After the protests peaked in 2015, there was a cooling off period, and the number of convictions nearly returned to their 2009 levels. However, there has been a growing tendency to sentence people convicted under Article 318 to actual prison time.
The experts note that when defendants confess their guilt and are tried in special expedited trials, it should theoretically mitigate their punishments, but in reality it does not increase chances they will be sentenced to probation or other non-carceral penalties. Besides, courts in Moscow have made a point of not invoking the option, stipulated by law, of dismissing cases because the parties have been reconciled or defendants have sincerely apologized for their crimes, since, in the opinion of Moscow judges, cases cannot be dismissed in so-called double-ended crimes, crimes committed not only against the victim as such but also against law and order.
The report notes that customary Russian methods of criminal investigation and judicial procedure have now been applied to the cases of grassroots activists, including double standards in weighing evidence, the presumption that law enforcement officers tell the truth, and giving priority to testimony made by suspects prior to their trials. The experts note the charges in such cases can be trumped up easily. The key evidence in these cases is the testimony of the victim and witnesses, all of them police officers. If necessary, their statements can be coordinated and entered into the court record in literally identical form.
The flip side of the process is the inability to hold police officers criminally liable for using violence against demonstrators, says Alexei Glukhov, head of Defending Protest. If justice is served, this happens only if and when the European Court of Human Rights rules on a case, although Russian policemen and security services officers have been dispersing peaceful demonstrations and detaining grassroots activists and random bystanders with ever-greater ferocity. But nearly the only well-known case in which a Russian police officer was held criminally liable for violence against protesters was the case of Vadim Boyko, the so-called Pearl Sergeant, who hit a man over the head with a rubber truncheon at a demonstration in Petersburg in July 2010. In 2011, Sergeant Boyko was sentenced to three and half years of probation.
It is common practice to reject complaints filed by victims of police violence by claiming they are means of self-defense against the counter charges faced by the complainants. Thus, in the formal refusal to open a criminal case based on the complaint filed by lawyer Mikhail Benyash, the police investigator wrote, “M.M. Benyash’s testimony should be treated skeptically because he is thus attempting to build his own defense against criminal charges and thereby avoid prosecution.” In turn, the police officers who denied they had beaten Benyash testified he had beaten his own head against the window, door, and other parts of the car in which they abducted him, and when they dragged him out of the car, he beat his head against the pavement.
No less noteworthy were the reasons police investigators gave for refusing to open a criminal case based on a complaint filed by Danil Bolshakov and Daniil Markelov of Krasnoyarsk. Their testimony was not corroborated since Markelov was a supporter of Alexei Navalny, “who is a well-known opponent of the leadership of the Russian Federation, as headed by President V.V. Putin.”
Generally, the police crackdown has been intensifying. Lawyer Dmitry Agranovsky agreed Article 318 has been used to intimidate people.
“I would encourage everyone to compare the verdicts in the Bolotnaya Square Case, in which a demonstrator brushed away a policeman’s arm and was sentenced to three and a half years in prison, with the sentences handed down in the wake of the recent unrest in France, in which protesters have been fined or sentenced to a few months in jail at most,” he said.
In fact, Agranovsky explained, any physical contact with Russian police would result in the “offender” being charged under Article 318. Ultimately, people have become wary of attending protest rallies, although, formally speaking, Russia has signed all the relevant international conventions encouraging peaceful protest.
Agranovsky recalled that ex-Russian MP Vladimir Bessonov was stripped of the right to engage in politics after he was charged with using violence against police officers at a protest rally.
Opposition politician Dmitry Gudkov agreed the police crackdown has intensified.
“There is a desire to extinguish protests, and that is something you can only do with a stick. The powers that be have run out of carrots,” he said.
Gudkov argued all the available tools have been brought into play in order to artificially criminalize protest. For example, the so-called Ildar Dadin article in the criminal code had been revived after it was all but outlawed by the Russian Constitutional Court. The article criminalizes repeated involvement in “unauthorized” protest rallies.
At €2.50, the official licensed sticker album of the 2018 World Cup is a steal. Russian officials also plan to steal the civil rights of their own citizens during the month-long tournament. Photo by the Russian Reader
Restrictions on Movement and Freedom of Assembly during the 2018 FIFA World Cup
Denis Shedov and Natalya Kovylyayeva OVD Info
May 25, 2018
Russia welcomes the 2018 FIFA World Cup with Presidential Decree No. 202, which places restrictions on the movements of people and the staging of public rallies in cities hosting the matches. According to the decree, “enhanced safety measures” will be enforced from May 25 until July 25 (although the first match, between Russia and Saudi Arabia, will not be played until June 14). Denis Shedov and Natalya Kovylyayeva studied the decree specially for OVD Info.*
The restrictions will be introduced on May 25, 2018. They will be enforced in the cities and regions hosting 2018 World Cup matches: Moscow, Petersburg, Volgograd Region, Sverdlovsk Region, Nizhny Novgorod Region, Samara Region, Rostov Region, Kaliningrad Region, Krasnodar Territory, the Republic of Tatarstan, and the Republic of Mordovia. Additionally, the decree also applies to certain neighboring regions where, in particular, competing teams will be accommodated: Moscow Region, Leningrad Region, Kaluga Region, Voronezh Region, Stavropol Territory, and the Republic of Chechnya.
It is worth noting Decree No. 202 applies absolutely to everyone who is located in the regions listed during the period the decree is in force. In this light, OVD Info felt it was vital to discuss these changes.
Monitored and Restricted Areas
The decree introduces “monitored and restricted areas,” which will either be entirely off limits to people or will have restricted access. These areas include training grounds (including at other stadiums), team headquarters, hotels where teams and referees are staying, cargo inspection points, the broadcast center at Crocus Expo in Moscow, fan festival venues, press centers, and parking lots for special transport. You will be able to enter these “monitored areas” only after security guards have conducted a thorough inspection of all your belongings.
In addition, there will be special pedestrian security zones, so-called last miles, consisting of areas of one to two kilometers in radius around the stadiums where the matches will be held. Aside from World Cup transport, only residents of nearby buildings, equipped with special passes, will have access to these zones. To obtain the passes you need your internal passport and the papers for your car and your flat. Information about these zones has been posted on the official municipal websites of the cities hosting matches and published in local periodicals.
During the 2014 Winter Olympics in Sochi, the city was off limits to cars from other cities, i.e., cars not registered in Sochi, with the exception of vehicles owned by the secret services and vehicles that had received accreditation as municipal maintenance and 2014 Winter Olympics support vehicles. Vehicles registered in Sochi were restricted from traveling in “monitored areas.”
Mandatory Registration for Everyone
Upon arrival in a city, you must register with the local immigration authorities within three days. This rules applies to everyone except those who are registered to live permanently in the particular city. Additionally, special rules for registering domiciles and temporary stays will be introduced in the cities where World Cup matches are scheduled.
Russian nationals and foreign nationals must register with the police within 72 hours of arriving. Usually, during “normal” times, Russian nationals have the right to spend up to 90 days in another Russian region without registering, while foreign nationals have seven days to register. Decree No. 202 specifies that the party hosting the visitor, i.e., the hotel, spa, holiday home, etc., must notify the proper authorities of the arrival of foreign nationals within 24 hours, as stipulated by Russian federal law.
Immigration authorities in the regions mentioned in the decree will be open for business daily during the World Cup, including weekends and holidays. There are several ways of registering your stay in another city:
Submitting an application to the management of the hotel, hostel, camping ground or youth hostel where you are staying, or the management company, proprietor or landlord, if you are staying in a private flat.
Reporting to the local immigration authorities yourself.
Foreign nationals must personally present their papers to the regional office of the Interior Ministry (i.e., the police) or a multi-service center, or their official hosts must do it for them. It is forbidden to register via the post office or a government services website.
Arriving foreign nationals are obliged to provide notification of their arrival, a copy of their identity card (e.g., passport or either ID), a copy of their Russian visa, and a copy of their migration card. This rule applies to all foreign nationals, regardless of their nationality and status in Russia. If the host party is a legal entity, this organization must supply the authorities with a complete set of documents.
Private individuals who act as hosts need only present their Russian internal passports, proving they are permanent residents, a copy of their passports, and a copy of their ownership deed to the dwellings where they will house foreign nationals.
If these rules are violated, Russian nationals will be obliged to pay an administrative fine. In Moscow and Petersburg, the fine will range from three to five thousand rubles, while in the regions it will range from two to three thousand rubles. Foreign nationals who violate these rules can be expelled from Russia.
Restrictions on Freedom of Assembly
According to the decree, from May 25 to July 25, 2018, assemblies, rallies, demonstrations, marches, and pickets that have nothing to do with the 2018 FIFA World Cup can be held only in places, along routes, and at times approved by the authorities. The authorities can also determine the number of attendees and the duration of the event.
Decree No. 202 was first enforced during last year’s Confederations Cup, also hosted by Russia. A large number of activists involved in group protests and solo pickets were apprehended at that time. Some of the people detained during solo pickets were subjected to “explanatory discussions” by the police, while others were written up for violating the rules for holding public events and fined as much as 20,000 rubles.
In May 2017, five activists from the local headquarters of opposition leader Alexei Navalny were detained for setting up a campaign booth on the main square in Kazan. Law enforcement said the action had not been authorized by the authorities. All the detainees were sentenced to ten to twelve days in jail, as well as 35 hours of community service.
During the Navalny-inspired anti-corruption rallies that took place in a number of cities on June 12, 2017, including Petersburg, Moscow, and Sochi, police detained protesters on the basis of Paragraph 11 of the decree, as paraphrased above. Although in Krasnodar, where the rally against corruption had been authorized, no one was apprehended, despite the special security regime.
During the protest rally “Farewell to the Communications Ministry,” in Moscow in June 2017, a teenager was detained when he tried to leave flowers outside the ministry due to restrictions on freedom of speech in Russia, including the possible blockage of the Telegram messenger service. The arresting officer cited the presidential decree restricting rallies during the Confederations Cup and the 2018 World Cup when he detained the boy. The teenager was taken into a police station for questioning before being released.
In mid-June 2017, fifteen people holding solo pickets against Moscow’s massive “renovation” program were detained outside the entrance to the State Duma.
Solidarity Party activist Mikhail Lashkevich was detained on July 4, 2017, while holding a solo picket demanding the people behind opposition leader Boris Nemtsov’s assassination be found. The police admitted he had a right to carry out a solo picket and released him from Basmanny Police Precinct in Moscow without writing him up. Subsequently, Roman Petrishchev, another Solidarity Party activist, was detained for a solo picket.
In early July 2017, five activists of Protest Moscow were detained in different parts of the city while they held solo pickets against censorship. All of them were charged with violating the rules for holding public events, punishable under Article 20.2 Part 5 of the Administrative Offenses Code.
On July 5, 2017, the well-known democracy activist Ildar Dadin was detained during a solo picket outside FSB headquarters in Moscow, since his protest had not been authorized by law enforcement. On July 7, 2017, the Meshchansky District Court found him guilty of violating the “rules of solo pickets” and fined him 20,000 rubles.
In May 2017, Alexander Pomazuyev, a lawyer with Navalny’s Anti-Corruption Foundation (FBK) asked that Paragraph 11 of the decree be declared null and void in a suit he filed with the Russian Supreme Court. Pomazuyev claimed he had been denied the right to hold a solo picket. He also argued the presidential decree infringed on civil liberties guaranteed by the Russian Constitution, including the right to free speech and freedom of assembly. The court threw out Pomazuyev’s suit, thus rubber-stamping the restrictions on rallies and pickets during the Confederations Cup and the 2018 FIFA World Cup.
In February 2018, organizers of the Boris Nemtsov Memorial March in Nizhny Novgorod wrote an open letter to FIFA president Gianni Infantino asking him to protect freedom of assembly in Russia in the run-up to the World Cup. The football functionary did not react to the letter, apparently.
“Although the decree restricts certain rights only from May 25 to July 25, 2018, even the smallest pickets have been turned down by the authorities on the grounds of the terrorist threat,” the march organizers wrote on their Facebook page.
Commentary by Lawyer and Human Rights Activist Alexander Peredruk Yes, Presidential Decree No. 202, dated May 9, 2017, definitely violates people’s constitutionally guaranteed rights to freedom of assembly in Russia.
If you want to hold a public rally from May 25 to July 25, 2018, at a venue of your choosing, there is no guarantee you will pull it off. The authorities could turn you down on the grounds the venue you have chosen was not vetted by the Interior Ministry and the FSB.
As last year showed, when several applications to hold rallies were filed simultaneously, the authorities would reject all the applications. However, when the applications were filed, the authorities had not yet determined what venues could be used. They drew up a list of permissible venues only after looking over the first applications. It was thus a “complete coincidence” that the venues indicated in the applications that were submitted to the local authorities were not on the list of permissible venues.
In other words, the rejections were perfunctory and practically groundless. The authorities were not interested in conducting a proportionality test, in striking a balance between public and private interests.
In addition, questions are raised about the legitimacy of the division between public sporting events, which are permitted during this period, and public political events, which are virtually banned. Russian citizens are thus subject to discrimination.
During the 2014 Winter Olympics in Sochi, a local man, David Hakim, was detained while holding a solo picket in defense of the convicted environmentalist Yevgeny Vitishko. (Hakim was jailed for four days for his “crime.”) Agora used his case to challenge the president’s Olympic decree in the Russian Constitutional Court. However, the court refused to examine whether the decree complied with the Constitution, since it had expired by the time the complaint was examined.
* If you are worried about how Presidential Decree No. 202 will affect foreign fans traveling to Russia for the World Cup, you shouldn’t be. They are required to purchase special “fan IDs” that will exempt them from most if not all of the decree’s strictures. // TRR
Denis Shedov is a lawyer with the Memorial Human Rights Center in Moscow. Natalya Kovylyayeva is a journalist. Translated by the Russian Reader
Viktor Filinkov, Petersburg antifascist, torture victim and political prisoner
Solidarity? No, They Haven’t Heard about It The Security Services Are Using the Case of the Antifascists to Test Society: If We Keep Silent, the Torture and Arrests Will Continue
Yan Shenkman Novaya Gazeta
March 22, 2018
On Election Day, March 18, which was simultaneously Paris Commune Day and Political Prisoner Day, Theater.Doc in Moscow staged a performance entitled Torture 2018, a reading of the interrogation transcripts and diaries from the Penza-Petersburg “terrorism” case.
The case has disappeared amid the flood of political and election campaign news, so I should briefly summarize it.
In October 2017, a group of young antifascists was detained by the Russian Federal Security Service (FSB) in Penza. They were accused of organizing a terrorist community code-named The Network. They were allegedly tortured. Nearly all of them confessed to the charges, telling the FSB what the FSB wanted them to say.
Recently, for the first time in history, FSB officers admitted they used electric shockers when interrogating Petersburg antifascist Viktor Filinkov. In their telling, however, it was not torture, but a necessity: the detainee allegedly tried to escape.
The arrestees are kindred souls of Stanislav Markelov and Anastasia Baburova, murdered by neo-Nazis in downtown Moscow in January 2009. A march to honor their memory has been held on the Boulevard Ring every year since then.
Less than ten years have passed since their deaths and we are confronted by a relapse, an attack on antifascists by the Russian state.
The harsh language of the interrogation protocol is more expressive than any op-ed column. Dmitry Pchenlintsev was tortured day after day: he was hung upside down and different parts of his body were shocked with electrical current. Vasily Kuksov was badly beaten: his face was a bloody pulp, his clothes torn and blood stained. Doctors in Petersburg discovered a fracture to the lower wall of Igor Shiskin’s eye socket, as well as multiple abrasions and bruises. They noted numerous injuries, including burns from an electric shocker. FSB officers took Ilya Kapustin to the woods, tortured him with an electric shocker, and threatened to break his legs.
We heard similar reports from Chechnya and Donbass, but this is the first time something like this has occurred in the middle of Russia and on such a scale.
The young arrestees in Penza, none of whom is over thirty (the oldest is twenty-nine) played airsoft, listened to independent music, and read anarchist books, like thousands of other young people. Now, given the will, any of them can be arrested on terrorism charges.
Alexei Polikhovich, who spent three years in prison as part of the Bolotnaya Square case, and produced the performance at Theater.Doc, did not have to make up anything, no monologues or dialogues. What has happened in reality is not something you would make up.
“I was panicking,” leftist activist and former political prisoner Alexei Sutuga says, reading Viktor Filinkov’s statement aloud. “I said I didn’t understand anything, and that is when they shocked me the first time. It was unbearably painful. I screamed and my body went straight as a board. The man in the mask ordered me to shut up and stop twitching. He alternated shocks to my leg with shocks to my handcuffs. Sometimes, he shocked me in the back or the nape of the neck. It felt as if I was being slapped upside the head. When I screamed, they would clamp my mouth shut or threaten to gag me. I didn’t want to be gagged, so I tried not to scream, which wasn’t always possible.”
“It’s probably the worst thing happening now in Russia,” Polikhovich told me after the performance. “But we have no means of putting pressure on them. Complaints filed against the FSB are redirected to the FSB, meaning they are supposed to keep tabs on themselves. Naturally, they are not about to do this. The only thing that can save the guys is public pressure.”
“But for several months there were no attempts to pressure the FSB. Why?” I asked.
“Location is vital in this case,” replied Polikhovich. “There are tried and tested support methods in Petersburg and Moscow. There are independent journalists and human rights activists. There is nothing of the sort in Penza. The environment also makes a difference. The Bolotnaya Square case, in which many leftists were sent to prison, meant something to the entire liberal democratic opposition. It was a story the average Moscow reporter could understand.”
“In this case, however,” Polikhovich continued, “the accused have been charged with very serious crimes. They are not liberals. They are not Moscow activists. We have to break through the prejudice towards them.”
While Moscow was silent, brushing the case aside by mentioning it in a few lines of column inches, the case, which originated in Penza, had spread to Petersburg, then to Chelyabinsk, and finally, in March, to the capital itself. Several people were detained after a protest action in support of the Penza antifascists. (OVD Info reports that nine people were detained.)
“They put a bag over my head. Then they shocked me, constantly increasing the intensity and duration of the electric charge, and demanding I make a confession,” Moscow anarchist Svyatoslav Rechkalov, released on his own recognizance, told Novaya Gazeta.
The protests against the FSB’s use of torture in this case have mainly followed ideological lines: anarchists and antifascists have been doing the protesting. Solidarity protests have been held in Copenhagen, Toronto, Berlin, and New York. Finnish anarchists and antifascists held a demo outside the Russian embassy in Helsinki. In Stockholm, the way from the subway to the Russian embassy was hung with Filinkov’s diary and posters bearing the hashtag #stopFSBtorture.
A concert in support of the arrested antifascists was held at a small bar in Petersburg. The organizers were able to collect 42,500 rubles in donations. By way of comparison, a year ago, at a similar concert in support of Ildar Dadin, who was tortured in a Karelian penal colony, organizers collected 29,000 rubles in donations. But there no incidents at that event, while there was an incident at the Petersburg concert. Ultra-rightwing thugs burst into the bar and started a brawl.
In Moscow, the riot police or the security services would have telephoned the club’s owner and insisted he cancel the event, as happened with the anti-war Deserter Fest. In Petersburg, however, the rightists showed up.
“The situation has come to resemble the mid-noughties,” said Maxim Dinkevich, editor of the music website Sadwave, “when every other punk rock show was attacked.”
Pickets in support of the antifascists have been held both in Moscow and Petersburg, and there will probably be more pickets to come. But this story has not yet made a big splash. The public is more interested in discussing the falling out between Sobchak and Navalny, while anarchists draw a blank.
This case is not about anarchism or antifascism, however. It is about the fact that tomorrow they could come for you for any reason. Electric shockers do not discriminate.
The regime has been testing us, probing the limits of what is possible and what is not. If we keep silent now, if we do not stand up for each other, it will mean they can continue in the same vein. It is clear already that the case of the antifascists will expand. The arrests will stop being local, becoming large scale. We have no methods for pressuring law enforcement agencies that torture people, no authorities that could slap them on the wrists. The only methods we have are maximum publicity and public pressure. They are the only ways to deter the security service from making more arrests and keeping up the torture.
There is a group page on Facebook entitled Project No. 117, named for the article in the Russian Criminal Code that outlaws the use of torture. It is a clearinghouse for news about the Penza case and other anti-antifascist cases. It also features six videtaped messages in support of the arrested men, as recorded by the well-known Russian cultural figures Dmitry Bykov, Andrei Makarevich, Dmitry Shagin, Kirill Medvedev, Artyom Loskutov, and Artemy Troitsky.
I would like to believe that, in the very near future, there will be six thousand such messages, not six. Otherwise, we will be crushed one by one.
Dmitry Bykov (writer)
“Absolutely Gulag-like scenes of strangulation, beating, and abduction. Stories like this have become frighteningly more frequent. The return to the practice of torture is a relapse into the roughest, darkest period of Russian history.”
Andrei Makarevich (musician)
“If the authorities are trying to pass young antifascists off as terrorists, it begs the question of who the authorities are themselves. Have you lost your minds, guys?”
Dmitry Shagin (artist)
“I experience this as torture myself. By torturing these young men, they are torturing all of us.”
Kirill Medvedev (poet, political activist, musician)
“The Russian authorities have been posing as the most antifascist regime in the world for several years now, and yet they are cracking down on antifascists. Is this not hypocrisy?”
Artyom Loskutov (artist, political activist)
“If you arrested me and tortured me with an electric shocker, I would confession to terrorism, satansim, and anything whatsoever. And if the FSB officers were tortured, they would also confess to anything. Antifascism is not a crime, nor is anarchism a crime. But torture is a crime, a very serious crime indeed.”
Artemy Troitsky (writer, music critic and promoter)
“Torture is a sure sign the case doesn’t hold water. If they have evidence, they wouldn’t torture the suspects.”
Translated by the Russian Reader. Photo courtesy of Autonomous Action. Videos courtesy of Project No. 117 and Novaya Gazeta. If you have not heard about the Penza-Petersburg “terrorism” case, you can read the following articles and spread the word to friends, comrades, and journalists.
“Young People Gathered to Voice a Silent Reproach”: Dmitry Borisov’s Closing Statement in Court OVD Info
February 21, 2018
Dmitry Borisov. Photo by Irina Yatsenko. Courtesy of OVD Info
Moscow’s Tverskoy District Court is scheduled to pass sentence on Dmitry Borisov at twelve noon on February 22. Borisov is a defendant in the so-called March 26 Case, involving various “forceful actions,” allegedly taken by protesters against policemen and Russian National Guardsmen on Pushkin Square during a March 26, 2017, rally inspired by Don’t Call Him Dimon, a video exposé posted on YouTube on March 2, 2017, by anti-corruption activist and would-be presidential candidate Alexei Navalny. The video accused Russian prime minister and former president Dmitry Medvedev of wide-ranging corruption. The prosecution has asked the judge to sentence Borisov to three years in prison.
The court heard the defense’s and prosecution’s closing arguments, as well as Borisov’s closing statement on February 20. According to our count, forty-six people came to the hearing to support Borisov, many of them wearing t-shirts emblazoned with his picture. Prosecutor Larisa Sergunyayeva rattled off her closing argument, a printed text that she read out to the court. During her speech, activist Ildar Dadin called her a few rude names. Dadin was removed from the courtroom, but Sergunyayeva did not slow down her rapid-fire delivery.
According to Sergunyayeva, the testimony given by policemen was believable, while the testimony of protesters could not be trusted because they had a stake in the case’s outcome. Borisov’s malicious intent was allegedly proven by the discovery of a chat session on Telegram chat on his elephone in which he had written about planning to go to the rally with friends. Many positive character references were made on Borisov’s behalf, and he had no criminal record, but if the prosecutor has her way, he will spend three years behind bars for violating Article 318 Part 1 of the Russian Criminal Code, which stipulates a maximum punishment of five years in prison.*
Borisov’s attorneys, Ilya Novikov and Nikolai Fomin, spoke for about an hour and a half. They explained Borisov had been standing calmly at the rally when, for no apparent reason, police seized his friend and dragged him to the paddy wagon. Borisov grabbed his friend. The police knocked Borisov to the ground and beat him. Four of them dragged him to the paddy wagon. The lawyers explained the prosecution’s claim Borisov had wrested a leg free from one of the policemen carrying him and kicked him in the helmet was untenable, since the policeman who had testified he had seen this was located somewhere where he could not have seen the incident. They also argued the policemen who were witnesses in the case had perjured themselves when discussing the administrative charges also filed in connection with the events of March 26, 2017. They argued that if Borisov really had kicked the policeman’s helmet, he probably would have broken his visor, because Moscow police are currently outfitted with extremely poor-quality helmets. Finally, the defense pointed out the alleged victim did not immediately file charges. He did so two months later, apparently under pressure from Investigative Committee detectives Alexander Uranov and Rustam Gabdulin, notorious for their involvement in the Bolotnaya Square case. They handled the investigation of the March 26, 2017, case in exactly the same manner.
The defense attorneys predicted the court would hand down the worst sentence possible.
OVD Info has published Dmitry Borisov’s closing statement in court, below. The transcript may contain a few mistakes, because the accused spoke softly.
Dmitry Borisov: Closing Statement in Court Your honor, the lawyers spoke very professionally, for which I am quite grateful. I did not use violence against police officers, nor did I intend to do so, because, at very least, it would have been senseless to do so. I had been captured by four policemen and was in a vertical position. All I could see was the sky.
I honestly do not understand why for nine months running I have been traveling to interrogations and court hearings not from home, but in trucks in which fifteen people sit in a three meter square cage. After sitting in this cage for seven hours, they faint and have to urinate in bottles, because the truck is parked in the garage of the Moscow City Court.
I also do not understand why I have spent many hours in the so-called assembly cells at the remand prison, that is, halfway between my cell and the trip to court. These cells are sixteen meters square, and fifty men, all of them smoking, are crammed into them. That is more than three persons per square meter. Try and imagine three men smoking in a one square meter space. Try and imagine how they feel. These cells are so filthy many people would not believe such a thing was possible in the capital of our mighty country. I do not want that to sound too sarcastic. I love my country, and that is a partial explanation of why I was in Pushkin Square on March 26. There are people who say you can judge a city by the cleanliness of its toilets. If you saw the toilet in the assembly cell you would think you were in a village on the outskirts of a godforsaken banana republic.
As for the cells in Butyrka Prison, they are scruffy, filthy dungeons with a view, for example, of an unimaginably dirty brick wall. That is the view in my cell. There is no heat. We have a single radiator in our cell, but it does not work. The ventilation consists of nine tiny holes, although the cell houses twenty-eight smokers.
My lawyers have spoken about how the case was politically motivated from the get-go. The actions of the investigators and their assistants were aimed from the very outset at proving my guilt. Although Ilya Novikov has spoken about it, I would like to mention the photograph of eight defendants in the Bolotnaya Square case that proudly hangs above Investigator Uranov’s desk, with the sentences they received written below each defendant in increasing order. If I am not mistaken, the longest sentence was four years. Apparently, Mr. Uranov is especially proud of this picture. I personally witnessed him getting on the internet and searching for news about how he had apprehended “enemies of the people.” He was upset when he discovered his name spelled incorrectly in one article. I cannot remember whether his first name is Alexei or Alexander, but it was written incorrectly in the internet. He was quite adamant on this point.
As for the case itself, my guilt consists only in the fact I tried to prevent my friend from being abducted. In the opinion of some people, he was in the wrong place at the wrong time on March 26 in Pushkin Square. I am convinced it is wrong to grab people in the center of our country’s capital as if they were animals and drag them to a paddy wagon without identifying yourself and explaining the charges, even if you are wearing a security services uniform.
And that day more than a thousand people were detained.
They were detained not for holding an unauthorized rally, but for making a silent reproach. It took me a long time to find the right word to express what happened there. Young people gathered there to voice a silent reproach, to force the authorities to think a little.
We did not gather to engage in bloody revolution, but to remind the authorities it is worth giving things some thought. Otherwise, their actions really will lead to hungry bloody riots. Therefore, I ask you to exonerate me. I am not guilty of anything. I have been in jail for nearly eight and a half months for no reason at all.
* “Use of violence that does not endanger human life or health, or threats to use violence against a representative of the authorit[ies], or his relatives, in connection with the discharge [of] his official duties, shall be punishable by a fine in the amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to five years.”Source: The Criminal Code of the Russian Federation
OVD Info reported that on February 22, 2018, the Tverskoy District Court found Dmitry Borisov guilty as charged and sentenced him to one year in a medium-security penal colony.
A Managed Thaw: What the Reversal of Verdicts in the Dadin and Chudnovets Cases Means
Pavel Chikov RBC
March 6, 2017
The Kurgan Regional Court quashed the verdict against Yevgenia Chudnovets and released her from a penal colony, where she had served four months of a five-month sentence for, allegedly, disseminating child pornography on the web. The Russian Deputy Prosecutor General almost literally copied the arguments made in the appeal by Chudnovets’s attoreny. Previously, during its consideration of the appeal, the selfsame Kurgan Regional Court had refused to release Chudnovets at the request of both the prosecutor and defense attorneys. The same court then denied the appeal against the verdict. The verdict was reversed only after the Prosecutor General’s Office and the Supreme Court intervened. Now Chudnovets will have the right to compensation for the harm caused her by illegal criminal prosecution.
The Chudnovets story unfolded at the same time as the even more high-profile case of Ildar Dadin. Dadin’s case was the first criminal case filed under the newly minted law on violating the law on public rallies, the first guilty verdict handed down under the new law. Dadin was taken into custody in the courtroom. Then came the shocking sentence of three years in a medium-security penal colony for a first offense, a moderately severe offense whose underlying cause was purely political, in a case tried in Moscow under the glare of all the media. During the appeals phase, the verdict was altered slightly, and the sentence reduced a bit. But then there was the drama of Dadin’s transfer to the penal colony, his arrival in a Karelian prison camp infamous for its severe conditions, the immense scandal that erupted after he claimed he had been tortured, and the harsh reaction to these revelations by the Federal Penitentiary Service. Then Dadin was secretly transferred to a remote penal colony in Altai over a demonstratively long period, after which the Constitutional Court, in open session, ruled that the relevant article of the Criminal Code had been wrongly interpreted in Dadin’s case. After this, the Supreme Court jumped quickly into the fray, granting a writ of certiorari, aquitting Dadin, and freeing him from the penal colony.
Politically Motivated Releases
The judicial system acted with phenomenal alacrity in both the Chudnovets and Dadin cases. Chudnovets’s criminal case was literally flown round trip from Kurgan to Moscow and back. Given current realities, this could only have been possible under the so-called manual mode of governance and with authorization at the highest level.
It calls to mind the instantaneous release of Mikhail Khodorkovsky from the same Karelian prison colony in December 2013, and the same sudden early releases, under amnesty, of the Greenpeace activists, convicted in the Arctic Sunrise case, and Masha Alyokhina and Nadya Tolokonnikova, two months before their sentences were up. Of course, the record holder in this sense is the Kirov Regional Court, which in the summer of 2013 quashed Alexei Navalny’s five-year sentence in the Kirovles case.
In all these previous cases, the causes of the system’s sudden softness were self-explanatory. The thaw of December 2013 was due to the upcoming 2014 Winter Olympics in Sochi. Navalny’s pardon was clearly connected with his being able to run in the Moscow mayoral elections. It was hard not to doubt the narrowly political, tactical objectives of these targeted releases.
The latest indulgences—the sudden releases of Dadin and Chudnovets, the transfer of the last defendant in the Bolotnaya Square case, Dmitry Buchenkov, and the Yekaterinburg Pokémon catcher, Ruslan Sokolovsky, from custody in pretrial detention facilities to house arrest—have been greeted with a roar of approval from the progressive public. The liberal genie would have burst out of its bottle altogether were it not for the eleven-hour police search of the home of human rights activist Zoya Svetova in connection with the ancient Yukos case. The search was as sudden and hard to explain as the releases described above.
Federal officials have not tried to dampen the talk of a thaw. On the contrary, they have encouraged it. The president’s press secretary Dmitry Peskov, Supreme Court Chief Justice Vyacheslav Lebedev, federal human right’s ombudsman Tatyana Moskalkova, and Justice Ministry spokespeople have publicly supported decriminalizing the Criminal Code article under which Dadin was convicted.
Putting the Brakes On
Even earlier we had noticed that the number of politically motivated criminal cases had stopped increasing. Twelve years of defending grassroots activists, human rights activists, journalists, and heads of local NGOs mean we are sensitive to changes in which way the wind blows. It would be wrong to speak of an improvement. Rather, the brakes have been put on the slide into deterioration. There are still dozens of political prisoners doing time in Russia’s prisons.
Political scientists have spoken of an unloosening of the screws; lawyers, of necessary legal reforms. One way or another, it is clear these events did not began in February, and the changes have been implemented from the top, quite deliberately, but without any explanation.
Given the tactial objectives pursued in previous reversals of high-profile cases, there are serious grounds for assuming recent events are due to next year’s main political event, the presidential election.
Preparations for the election began last spring with a shakeup of the law enforcement agencies. The superfluous Migration Service and Gosnarkokontrol (Federal Agency for Drug Trafficking Control) were eliminated. A new political special forces unit, the National Guard of Russia, was established. The influence of the Investigative Committee has been sharply reduced, although from 2012 to 2016 it had been the Investigative Committee that served as the main vehicle for domestic political crackdowns.
The old framework has gradually ceased functioning. The effectiveness of show trials has waned. Leading opposition figures have grown accustomed to working with the permanent risk of criminal prosecution hanging over them. Some have left the country and thus are beyond the reach of the security forces, but they have exited politics as well. Protest rallies have not attracted big numbers for a long time, and NGOs have been demoralized by the law on “foreign agents.” The stats for cases of “extremism” are mainly padded by the online statements of web users in the provinces and “non-traditional” Muslims.
Under a Watchful Eye
The foreground is no longer occcupied by the need to intimidate and crack down on dissidents, but by information gathering and protest prevention, and that is the competence of different government bodies altogether. It is the FSB that has recently concentrated the main function of monitoring domestic politics in its hands. FSB officers have been arresting governors, generals, and heavyweight businesmen, destroying the reputations of companies and government agencies, and defending the internet from the west’s baleful influence.
Nothing adds to the work of the FSB’s units like a managed thaw. Bold public statements, new leaders and pressure groups, and planned and envisioned protest rallies immediately attract attention. The upcoming presidential election, the rollout of the campaign, and good news from the courts as spring arrives cannot help but awaken dormant civic protest. Its gradual rise will continue until its apogee in March of next year [when the presidential election is scheduled]. Information will be collected, analyzed, and sent to the relevant decision makers by the summer of 2018. And by the autumn of 2018 lawyers will again have more work than they can handle. This scenario needs to be taken into account.
There is, of course, another option: the Kremlin’s liberal signals may be addressed not to the domestic audience, but to a foreign one. Foreign policy, which has remained the president’s focus, is in a state of turbulence. Vladimir Putin is viewed by the western liberal public as a dark force threatening the world order. Sudden moves toward democratization can only add to the uncertainty and, consequently, the Kremlin can gain a tactical advantage in the game of diplomacy. Considering the fact there are lots of politicians in the world who are happy to be fooled, the ranks of the Russian president’s supporters will only swell.
Pavel Chikov is head of Agora, an international human rights group. Thanks to Comrade AK for the heads-up. Translation and photograph by the Russian Reader
Activists Picketing in Support of Ildar Dadin Detained in Moscow RBC
January 4, 2016
Police in Moscow detained six activists [Pavel Kuznetsov, Mikhail Lashkevich, Leonid Dubrovo, Tatyana Tarvid, Elena Zakharova, and Maria Ryabikova — TRR] who had been holding solo pickets in support of Ildar Dadin, according to OVD Info.
The activists had been picketing on Zhitnaya Street, where the Federal Penitentiary Service and Justice Ministry are located. Several of the picketers held placards that read, “Where is Dadin?”
The detainees were taken to Yakimanka police precinct.
Later, activist Sergei Ozhich reported on his Facebook page that all six detainees had been released. They have been charged with misdemeanors under Article 20.2.5 of the Russian Federal Administrative Offenses Code (violation of the established rules for holding assemblies, rallies, demonstrations, marches, and pickets by a participant of a public event).
In early November 2016, Dadin wrote in a letter that he had been severely beaten and threatened by the staff at the penal colony where he was imprisoned. The Federal Penitentiary Service, the Investigative Committee, the Presidential Human Rights Council, and civil rights activists took an interest in his case.
Members of the Presidential Human Rights Council recommended that the Federal Penitentiary Service transfer Dadin to another penal colony. In early December, he was transferred to another colony. Anastasia Zotova, Dadin’s wife, filed an inquiry with the Federal Penitentiary Service’s Karelian Directorate asking about his whereabouts. His whereabouts are still unknown, however. By law, the inmate should have informed a relative of his whereabouts within ten days.
Dadin is serving a sentence for violating the law on [“unauthorized” political] rallies. In December , he was sentenced to three years’ imprisonment, but a court later reduced the sentence to two and and half years. Dadin was the first person sentenced to an actual prison sentence under the new law.
Maria Eismont The Case of Ildar Dadin Why Society Has Not Ignored a Story about Torture in Prison Vedomosti
November 10, 2016
The controversy provoked by activist Ildar Dadin’s letter about the torture and abuse to which he and other prisoners have been subjected in the Segezha prison colony has been simmering for two weeks. The longer the topic of the inhumane treatment visited on people in penitentiaries occupies the media, including state TV channels, which have been forced to join the discussion of Dadin’s plight, the more likely society will be able to change things. Daily publications containing fresh testimonies about torture in Russian prisons have shown Dadin’s case is not unique. However, no controversies over violence in prisons have yet led to serious reforms of the penitentiary system or even a significant descrease in the number of “torture” colonies.
So what is different about the Dadin case? First, even Dadin’s ideological opponents have recognized him as a prisoner of conscience. Who seriously believes in the necessity of sending somone to prison for a series of peaceful solo pickets? Second, his obvious innocence in the eyes of the rank and filke attracts the attention of people unable to sympathize with criminals to torture in prisons. Third, Dadin has declared he is fighting not just for himself but for all convicts who are beaten and humiliated. He has conveyed via his lawyer that he has no wish to be transferred to another prison.
“He is convinced he has no right to be saved if he doesn’t help those who stay in the colony,” said Ksenia Kostromina, his attorney.
His conviction, bordering on obstinancy, his idealism on the verge of naïveté, and his sincere willingness to sacrifice himself to save others have made Dadin a much greater threat to the system than its consistent and predictable foes.
“Dadin and the prison wardens are two different worlds, worlds that do not understand each other. And when Dadin speaks about constitutional rights from a libertarian viewpoint, the prison wardens think they are being mocked in a sophisticated way,” Igor Kalyapin, member of the Human Rights Council, told Vedomosti.
This difference in outlooks manifested itself recently in the trial of Nizhny Novgorod policemen accused of employing violence against detainees. (Ultimately, they got off with probationary sentences.) Their defense attorney assured the court they had in fact been “fulfilling the president’s May decrees,” while the accused themselves claimed they had been “defending the Motherland.”
Yet there are reasons to regard the situation with cautious optimism. One of them is the offer made to Anna Karetnikova, the most active member of the Moscow Public Monitoring Commission’s last three rosters, to work in the Federal Penitentiary Service. The second is the unexpected encounter between activists who had gathered outside the Federal Penitentiary Service’s central office, after the publication of Dadin’s letter, with Valery Maximenko, deputy head of the service, and his public promises to meet regularly with the activists to discuss pressing issues. The third is the proposal to hold primaries for the Public Monitoring Commissions, which could result in the return of prominent human rights activists to the commissions. All this will be possible if civil society maintains its interest in the topic.
Translated by the Russian Reader. Thanks to Comrade Uvarova for the heads-up.
The other day, a friend of mine who works with kids complained to me that kids in Russia had no real heroes. Like kids most everywhere, they are in love with the wretched, hyper-commercialized Spider-Man and Harry Potter, not with homegrown heroes.
It might be a bit of a reach (because how do you explain this stuff to kids?), but from where I sit there are lots of heroes in modern Russia. Prominent among them are all the people convicted as part of the shameful sham known as the Bolotnaya Square case.
One of those heroes is Sergei Krivov, recently released after serving over four years in prison for the nonexistent crimes of being beaten over the head with a truncheon by a policeman and attempting nonviolently to prevent policemen from doing the same to other peaceable demonstrators in Moscow on May 6, 2012.
In the country I would like to live in, I would go outside and see dozens of people wearing t-shirts with Krivov’s totally ordinary but heroic face emblazoned on them. Krivov’s birthday would be a minor holiday, celebrated with a rousing march down every town’s main thoroughfare, followed by hearty little picnics, to celebrate the fact that Krivov undertook two hunger strikes, nearly dying in the attempt, in order to defend the freedom of speech and assembly in Russia.
Needless to say, Krivov’s would be a household name. Kids would read comics about the adventures of Sergei Krivov, where the hard facts would be mixed with a light helping of fantasy to make them more palatable to childish fancy.
If you have never heard of Sergei Krivov or don’t understand why he is a modern-day Russian hero, you need to read this interview with him. TRR
“It Is Not Recommended to Live in This Country”
Natalia Dzhanpoladova and Nikita Tatarsky Radio Svoboda
July 26, 2016
Yet another person convicted in the so-called Bolotnaya Square case, Sergei Krivov, a 54-year-old with a Ph.D. in physics and mathematics, has been released. Krivov was released from a prison colony in Bryansk Region, having served his sentence in full. In 2014, a court found him guilty of involvement in rioting and using force against police officers during a May 6, 2012, opposition rally on Bolotnaya Square in Moscow.
Krivov received one of the harshest sentences in the case, three years and nine months imprisonment.
His allies explained this was because the authorities avenged Krivov for the uncompromising stand he had taken throughout the trial. Krivov went on two lengthy hunger strikes. The first, to protest his arrest, lasted over forty days. During the second, he did not eat for sixty days in order to secure transcripts of the court proceedings. Krivov suffered two heart attacks during the second hunger strike.
Krivov was arrested as part of the Bolotnaya Square investigation several months after the events, in October 2012. According to police investigators, on May 6, 2012, when the crowd broke through police lines, Krivov seized a rubber truncheon from a policeman and used it to deliver several blows to police officers. Krivov himself repeatedly claimed he had been beaten by police on Bolotnaya Square, but the Investigative Committee refused to investigate his complaint.
Krivov served his sentence in two penal colonies in Bryansk Region, first at a correctional facility in Starodub. He was then transferred to a penal colony in Klintsy. The wardens put him in solitary, because they felt his life was in danger.
In an interview with Radio Svoboda, Kriov admitted his sentence might have been shorter had he “kept [his] mouth shut.” He spoke in detail about the reasons for his uncompromising stance, what happened on Bolotnaya Square, and how much Russia has changed since 2012.
The changes have been quite huge, and for the worse, although I still cannot say I have figured out what is what. I had been gradually following these changes by watching TV and reading Novaya Gazeta newspaper and New Times magazine, so they did not happen all at once for me and were not news. Nevertheless, I am perfectly aware the country as it was in 2012 and the country as it is in 2016 are two fundamentally different countries. There are far fewer freedoms, naturally, and It is nearly impossible to do anything within this framework.
Do you feel you have changed over these years?
In fact, after I got out, changed my clothes, and bathed, I had the feeling everything was as it had been. Although I did have big problems during the middle of my sentence: lots of things happened. But when it is all behind me, when I have come back to the “free” world, I cannot say I have changed. I think I am the same person I was.
Have you managed to meet with friends and relatives since your release? What are your impressions from these meetings and conversations?
Of course I have managed to meet with them. Let me put it is this way: almost no has chewed me out, except my wife, of course. In general, the feelings have been positive, because everyone has been friendly. They all congratulate me and wish me the best.
Naturally, anyone would find this pleasant. I want to say thank you to all the people who wrote me letters, held pickets, and collected money through the Internet, and to the leaders of the PARNAS Party, who paid my lawyers and sent me care packages: Boris Nemtsov, Mikhail Kasyanov, Vladimir Ryzhkov, and Ilya Yashin. In addition, Lyudmila Alexeyeva was involved. Despite her age, she attended the court hearings. A big thank-you to everyone for their support.
Last Wednesday, you also met with activists in Sokolniki Park. You mentioned you had no hope of being paroled. [In March, the court turned down Krivov’s parole application — Radio Svoboda.] Did you pin any hopes on the court in this case, that is, the trial court that heard the Bolotnaya Square case?
No. We had no chance from the get-go. What would have been the point of cooking all this up and then releasing us later? Obviously, the authorities conceived a quite definite plan, and they have been carrying it out. From my point of view, there was no reason to change anything, and nothing changed. I had been detained on misdemeanor charges several times., and I knew perfectly well how such matters were decided. There were no doubts in this case.
And yet your tactics in court were quite different from those of the other fellows. You were one of the most active participants in all the court proceedings.
Yes, I was, because I felt it could not make things any worse. That is how it happened, if you look at the sentences handed down. Naturally, my sentence would have been shorter if I had kept my mouth shut. But here, you know, six months more, six months less do not matter. Naturally, we had to defend ourselves to the hilt. After all, we did not take to the streets only to snitch on the protest movement, to put it crudely. We did not do what we did to make the court rule in our favor. It was a continuation of the protest. Pavlensky said it: court is a continuation of my protest action. For me, it was simply a continuation of the opposition’s fight. It can happen anywhere: in court, outside of court, on Bolotnaya, away from Bolotnaya. It is like a way of thinking. It is as Solzhenitsyn put it: “Not living a lie.” Every single moment you do what you think is right. The situation changes, but the individual does not change in the situation.
Were your fairly long, serious hunger strikes also a continuation of this same story?
What prompted you to do it? Do you remember what you felt when you decided there were no other methods left?
During both hunger strikes, I was perfectly aware my demands would not be met. I got carried away with the second hunger strike: let’s put it that way. But retreating? Chapayev never retreated. So the only way was forward. The main objective was to attract attention, to shake up the situation somehow. Because getting results, especially in the first case, when it was a matter of custody measures, was totally unrealistic. All I was charged with (not what I did, but what I was charged with) was causing the bruise on the back of the hand of a policeman who in fact assaulted me. The policeman’s name is Alexander Ivanovich Algunov. He completely flagrantly hit me over the head with a truncheon. I had three lumps on my head, one of which clearly visible on my temple. It was both videotaped and photographed. And there were eyewitnesses who saw everything.
But when it was matter of conducting a judicial review or investigatining this conflict… The bruise I allegedly caused the policeman was investigated by the Investigative Committee of Russia, meaning the country’s top investigative body. But what he did to me (and they believe that these actions took place at the same time) has been investigated by another committee. When I filed a written complaint against the officer, the case was not just dropped down to the municipal level, but to a neighborhood precinct, where an investigator wrote there was nothing to investigate. The bruise on the policeman’s hand was investigated by the Investigative Committee of Russia, while beating a person with a truncheon was investigated by a completely different division, the lowest on the totem pole, and it said there was nothing to investigate. I am simply a victim in the Bolotnaya Square case. But I was really visible in the video footage. I was in a confrontation with a policeman who was assaulting me. I grabbed the truncheon with which he was beating me, because at one point I nearly fainted. He hit me so hard on the head it felt like I had been hit with a sharp nail, not a truncheon.
You were not the only victim on Bolotnaya Square, and yet the authorities investigated these incidents so unfairly. How do you explain this?
In the trial documents, for example, there is this bit of evidence. There were two ambulance crews on duty on Bolotnaya Square. They kept a record of injuries in which they wrote down the names and addresses of everyone whom they examined. As far as I remember, there are forty-eight civilians in this list, who suffered something like seventeen concussions and thirteen head injuries and injuries to the soft part of the skull, meaning they had mainly been beaten on the head. There were three policemen who sought medical attention on the square. Of the forty-eight civilians, only two people were deemed injured parties by the authorities. One was hit in the back with a stone, while the other person’s trousers caught fire, and he suffered burns on his leg from a Molotov cocktail. We do not know who threw the bottle or the stone. The authorities assume it was the protesters, so only two individuals were deemed victims. The rest were not recognized as victims, because these forty-six individuals were victims of the police. Who the heck is going to investigate injuries caused by the police? That is not how things are done.
The public commission who investigated the events on Bolotnaya Square came to the conclusion it was the Moscow authorities and police who provoked the confrontation? Do you share this point of view?
I also came to the same conclusion. Only I think it was not the Moscow authorities, but the federal authorities [who provoked the conflict]. Moscow, in this case, did not have the authority to decide these questions. There were provocateurs there. I saw a man in a mask step forward, chunks of asphalt in both hands. At the time, I wondered what was so black, because I was looking into the light. At first, I thought he was throwing black earth, because the asphalt everywhere was so clean. This guy stepped forward and tossed one stone. Then he shifted a second stone [to his throwing hand] and threw the second stone. A policeman was standing there. I was standing there looking back and forth between the two. Either I should have said, “Why are you tossing stones?” or I should have gone up to the policeman and said, “Why are you just standing and watching?” The policeman saw what he did, and then turned around and walked away. The police were completely uninterested in the people who were actually throwing stones, just as the people throwing the stones knew the police were not going to do anything to them.
Yes, and the most interesting thing is the authorities alleged the protesters shouted things about attacking the Kremlin and Red Square, and overthrowing someone. I was there. I heard no such cries. There are twenty-six hours of video footage in the case file. There are no such appeals in that footage. When the police cordon fell apart, people did not run to the bridge. This is clearly visible in the footage. People who were squeezed out of the crowd ran ten or fifteen meters away, because there was a crowd behind them and the danger of being crushed. Then, at a leisurely place, these people fixed their clothes or tied their shoelaces or something, and headed towards the square. This, too, is visible in the footage. Yet the investigators continue to claim, and the courts have not refuted it, but take it as a proven fact, that people were shouting to run across the bridge somewhere and were, allegedly, trying to escape.
So it transpires the whole thing was a planned provocation. How do you explain it? What goals was the regime pursuing via this case? Has it achieved them?
It was the first [opposition] rally after the elections. All the major protest rallies had taken place between the December [parliamentary] elections and the March [presidential] election. May 6, 2012, was the eve of the presidential inauguration: the regime no longer had anything to fear. If they had used force before the elections, naturally, it could have turned against them. But there was nothing to fear after the elections, so they were going to put the heat on people and arrest them. This was followed by the adoption of a series of repressive laws and amendments to the laws on elections, and pickets and demonstrations, not to mention the fact they introduced Criminal Code Article 212.1, which they used to put away [Ildar] Dadin.
You were not detained immediately after the events of May, but around five months later. Did you follow what was happening to the guys who were arrested first? Were you afraid you might become a defendant in the case?
Of course, I followed what was happening. I went and picketed outside the Investigative Committee building. I had this routine: one evening at home with the family, the next evening I would go picketing, and so on. At first, I did not take it very seriously. Why did they take so long to arrest me? First, they checked out everyone who had been detained on Bolotnaya. Despite the fact I had been detained, there was no arrest sheet on me; I had refused to sign some of the pages. They tossed out my arrest documents, and so it turned out I had not been detained. So, apparently, this was the reason it took so long to track me down. But the problem was that I was all over the footage. Despite the fact I inflicted no blows—I would like to emphasize I inflicted no blows, and I am absolutely certain I caused no physical pain to any policeman—I did try and prevent them from assaulting other people. I used my hands to restrain the police. Afterwards, when I found footage of myself on the Internet, I thought to myself: yeah, that was me in action. My emotional sense was that I had prevented beatings without resorting to violence. But when I watched the videos, I did think I had reasons to be worried. But I decided what was the point of worrying now? I should have thought about it then.
Four years have passed, but the authorities are still prosecuting people [as part of the Bolotnaya Square case], people whose cases have not even gone to trial, for example, Dmitry Buchenkov and Maxim Panfilov. Do you think this will go on for a long time?
No, I don’t think it will go on for long. They are just running on momentum. The case is not so interesting nowadays. There are many new, interesting articles [that have been added to the Criminal Code]. The authorities can charge people to their heart’s content: for slander, for incitement to hatred. The amended laws have now given them such possibilities they can put away any person who says anything the least bit negative or critical.
Basically, the alternatives are this: either just one opposition party will be seated in the parliament or it won’t. There are also the single-mandate districts, which also helps. A party might not get its list into parliament, but someone can get into the Duma by winning a single-mandate district. I have read that [Alexei] Navalny is inclined to boycott the elections. I understand his resentment: his party was not registered, and he himself was not admitted as a candidate. But there are other parties besides his, and they are also opposition parties. I think all fourteen percent [of Russians who, according to the country’s extremely problematic opinion polls, disapprove of President Putin’s performance] definitely have to go and vote. Anyone who can do it should be an election observer, because it is not enough just to go and vote; we also have to monitor the vote. In the current circumstances, the authorities just cannot do without electoral fraud. Maybe we have few opportunities to stop the fraud, but we have to record the incidents and talk about them. Of course, it is very unpleasant the Democratic Coalition was not able to pull it together, but the law is such that for this to happen, people would have had to join another party. Unforunately, the majority was unwilling to do this. I think they should have come to an agreement whatever the conditions, but they didn’t.
As I understand it, this is part of the old conversation about attempts to unite democratic forces, which have been going on since the 1990s.
First, the law is wrong, because it does not allow electoral coalitions. Second, in my opinion, there should be no minimum barrier [for being seated in the Duma] at all. Democracy is a regime in which decisions are taken by the majority, but the problem is the majority is quite often mistaken. For example, on the stock exchange, the majority always lets the big money get away. The minority turns out to be on the money. The majority differs from minorities in the sense that there is one majority, but there can be two, three, four, five minorities, and so on. The minority has to be allowed to speak its mind, and then, perhaps, the majority will reorient itself. So there should be no barriers. The only barrier should be each physical person. The current laws, naturally, are designed to monopolize power, which is convenient to those currently in power. So they have no need of any competitors. Competitors are harassed, persecuted, and forced off the road.
As far as I know, you were educated as a physicist and worked in science for a long time. How did it happen that you switched from science to grassroots activism and began following political events? What prompted you to do this?
A profession is a profession, but one’s own opinion is something else. I first served as an elections observer in 1989. I was still working at MEPhI (Moscow Engineering Physics Institute) then. One thing did not interfere with the other, and it even helped. I left science, because salaries in the field had completely dried up, and I completely lost interest in what I was working on at the time. There was no future in it. In 1989, I was a member of an election commission for the first time. I went and found the election commission myself. It was perestroika. People had serious doubts and asked what perestroika was all about. They said perestroika would rearrange everything, but everything would be the same, [the Soviet Communist Party] would again get 99.9% of the vote, and so on. Those were the first actual elections, when Sakharov was elected [to the All-Union Congress of People’s Deputies].
What pleasantly surprised me was that there was no electoral fraud at all. In the evening, MEPhI’s Communist Party organizer came to check out the polling station, to see how we were doing. I tensed up, thinking that now they would come up with something. Nothing of the sort! I kept my eyes peeled. Everything was clean. But in 2011, when I also worked as an observer, everything was dirty, beyond dirty. It so dirty that, for example, there was an old woman, an observer from United Russia, working at our polling station. She did not get up to any tricks herself, but she would come up to us and say, “What is she doing?! Imagine the insolence!” She was referring to the woman who chaired our election commission. The old woman was indignant, her blood was boiling, but it did not go beyond that. She was already quite old, but [the electoral fraud] itself was too much for her. I was very glad a United Russia party member was outraged by our chairwoman’s behavior.
During the four years you spent in custody, how hard was it to get information about what was happening in Russia? How did you find out about events? What events during this time amazed you the most?
I was given subscriptions to Novaya Gazeta and New Times, although they only started to come regularly when I was in the penal colony. I would read these periodicals and try and watch the news. In some places, this was easier; in some places, harder. For example, the last three months, I was basically without TV, because the guys did not want to watch any news. They would turn on MUZ-TV, which would be spinning a popular music video for the hundredth time. I could not stand to listen to it. But the TV, as you know, is a biased source of information. As for events, of course, the annexation of Crimea and the war in Donbass. Incidentally, there were lots of Ukrainians in the penal colony, because the border is nearby. There was a guy in there who was himself from Russia, but his wife was from over there: he had got married in Ukraine. There was fighting in Kramatorsk. I asked him, “When were you there last?” He said, “Five years ago. Everything there was fine.” “Are Russians harassed there?” I asked. “Are you kidding?” he said, “Everyone lived in perfect peace. There were no problems at all.” Meaning no one discriminated against anyone, neither Russians nor Ukrainians. Where did this all come from? Why does the TV tell us that certain people are in danger there, that there is hostility? Russian TV has been kindling hostility between two sister nations. You cannot just go to war for their “bright future,” if everything in their country is okay. They have to say that everything there is bad.
You served your sentence in two penal colonies. Is it true that there are totally different rules depending on the colony?
The rules are different. That is why they say there are “red” colonies and “black” colonies. But those are the extremes, as it were, because the spectrum is continuous. The penal code is one thing, the laws are another, and if they were all obeyed, then it would make no difference where you did your time, but in reality the differences are fundamental. There is constant trench warfare between the convicts and the wardens over wrestling themselves more rights or forbidding more things. Figuratively speaking, for example, in one colony, the convicts march in formation, while in another they don’t. Even on this primitive level, marching in formation or not, there is constant conflict. The convicts try not to march in formation, while the wardens try to force them to march. It turns out different in every colony. And that applies to everything else.
Considering you were convicted as part of the Bolotnaya Square case, how were you treated in these colonies? Was there any talk about the fact you were basically a political prisoner?
The majority could care less. But some talked about it, especially in the pretrial detention facility, where I would come across sensible people. We would talk about who had been convicted and was doing time for no reason at all. When I was in the pretrial detention facility, it seemed there were many such prisoners. First, this was Moscow. Second, I was told, roughly speaking, that the accountants were on that floor, members of some other profession were on some other floor, and so on. Seemingly around thirty percent of the prisoners were in there for nothing. But when I got to Bryansk Region, this figure was no longer thirty percent, but much lower, somewhere between five and ten percent. A lot of guys were in for petty theft and drugs. Over a third were doing time for drugs. Realistically, a maximum of ten percent were doing time for nothing, or even five percent. As for how I was treated, well, I was repeatedly on the verge of a conflict. There were conflicts.
With the convicts or the wardens?
With both the wardens and the convicts. It is just that the wardens foist their rules on you, and the convicts foist theirs. You are a free man, and you realize you cannot abide by either set of rule.s So you don’t want to carry out either set of orders, and you start weaving and dodging. I was involved in several conflicts of that sort. My age was my salvation. Basically, there are all sorts of kids in there, and they could not bring themselves to hurt old people. Or rather, they could: I saw sixty-year-olds get beaten up in there, but it was still much more complicated. They also look at what you have been sent down for, although I cannot say it is so meaningful. But in this case it was a factor that worked in my favor; it was meaningful. I did not conceal the fact I had not assaulted any policemen, but a conviction is a conviction.
Now you are free and in Moscow. What are your plans? Do you see a future for yourself in Russia? Have you had thoughts of leaving the country?
By and large, I realize it is not recommended to live in this country. If a person has the opportunity and the desire, it is in his or interests to emigrate. But I somehow feel inherently Russian. I am afraid in any other country I would feel like an immigrant, an alien, if not like a guest worker. I cannot imagine living somewhere else. I feel it is okay to emigrate, and some people should emigrate, but I am afraid I am incapable of it.
Sergei Krivov is the twelfth person convicted in the Bolotnaya Square case to have been released from prison. A total of thirty-five people were prosecuted as part of the case. Thirteen of them were amnestied. Eight people remain in prison or under investigation.
In No Mood for Songs and Dialogues OVD Info
July 2, 2016
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Last week, Moscow courts left two suspects in the Bolotnaya Square case, Dmitry Buchenkov and Maxim Panfilov, in police custody, along with Petersburg architect Sergei Akhmetov, accused of tearing epaulettes from a policeman’s uniform during a gathering in support of Alexei Navalny and Pyotr Ofitserov. Curiously, police investigators have been unable to produce convincing evidence that Buchenkov and Akhmetov were actually at the scene of the crimes of which they have been accused.
Other Criminal Prosecutions
No less predictable was the rejection of Oleg Navalny’s petition for parole, especially considering the fact that, a week before his court hearing, he received three reprimands for poor conduct at the penal colony where he has been imprisoned.
Totally unpredictable, however, was the return to Moscow of Ildar Dadin, sentenced to two and a half years in a prison colony for “repeated violations” at public protests. Dadin had been held for over two months in a Petersburg remand prison, and it was anticipated that sooner or later he would be transferred to a penal colony. For some reason, however, this has not happened.
News came of the first criminal charges filed for “willful refusal” to obey the law on “foreign agents.” Charges were filed against Valentina Cherevatenko, chair of Women of the Don Foundation.
FSB agents raided the Mayakovsky Library in Petersburg in connection with the fact that it served as the venue for Dialogues, monthly public discussions of political topics. The project’s founder, Nikolai Solodnikov, resigned his post at the library, which will no longer host the events.
In Krasnodar, people involved in solo pickets against the policies of current Mayor Vladimir Yevlanov and in support of Communist Party MP Sergei Obukhov were assaulted, while in Kemerovo, local opposition activist Stanislav Kaliniсhenko was detained, taken to a police station, and, allegedly, beaten up by police.
Karelian village council member Vladimir Zavarkin, sentenced to a fine for calling for a referendum to decide whether the republic should secede from Russia, was stripped of his mandate.