Viktor Filinkov: The Big Picture

Viktor Filinkov, political prisoner: “An idealist who takes on responsibility for the big picture”
People and Nature
July 4, 2020

While Black Lives Matter demonstrators fill the streets of cities around the world, opening a new chapter in the history of anti-racist and anti-fascist struggle, the Russian anti-fascists Viktor Filinkov and Yuli Boyarshinov are starting long jail sentences.

A St Petersburg court sentenced Filinkov to seven years, and Boyarshinov to five-and-a-half, on 22 June, on trumped-up charges of involvement in a “terrorist grouping” – the “Network”. In February, seven other defendants were jailed by a court in Penza for between six and 18 years, and last year another in St Petersburg for three-and-a-half years.

Detailed evidence that the “Network” case defendants were subjected to horrific tortures after their arrest has been published and submitted to state bodies. President Vladimir Putin last year cynically promised to look into it. Nevertheless, the defendants have been railroaded to penal colonies.

This portrait of Viktor Filinkov – who refused to admit guilt and received one of the heaviest sentences – is by Yevgeny Antonov. It was first published in Russian by the Petersburg news outlet Bumaga.

photo-2020-06-22-11-54-45
Viktor Filinkov in court. Photo by David Frenkel, Mediazona

On Monday 22 June, the 2nd Western District Military Court [in St Petersburg] announced the sentences on the Petersburg defendants in the “Network” case, Viktor Filinkov and Yuli Boyarshinov. They were found guilty of involvement in a terrorist grouping (article 205.4, part 2 of the criminal code). Filinkov was sentenced to seven years in a penal colony (standard regime). Boyarshinov got five and a half years (Yuli was also convicted of the illegal possession of explosive materials (article 222.1, part 1)).

Four days before the sentencing, Filinkov addressed the court. The 25-year old computer programmer set out the inconsistencies in the prosecutor’s case, and used diagrams to show why the PGP [Pretty Good Privacy encryption] programme would not be used by a conspiratorial terrorist group, as the prosecution had claimed.

In his closing statement, Filinkov stated that the internal affairs ministry, the prosecutor, the federal prison service, the Investigative Committee, the federal security service [FSB], the court and the legislature had worked in bad faith. He accused them of obeying orders unquestioningly and of being unwilling to investigate the case.

“The nine-year sentence that the prosecutor has asked for seems like some sort of indication of respect for everything that I have done”, Filinkov said. “All of them have disgraced themselves. I don’t know what the solution to this situation is.”

755296506252927Viktor Filinkov at work. Photo courtesy of Rupression

Viktor Filinkov was born in Petropavlovsk, in Kazakhstan. His mother worked in a jeweller’s shop; his father, who worked installing medical equipment, died when Viktor was 11; and his elder sister lived away from home.

“We waited so long for Viktor. And when he was born, he grew up loved and cared for, by grandparents, by his aunts and uncles, and by us”, Natalia Filinkova, Viktor’s mother, told Bumaga. “He hardly knew the word ‘no’. He was a good, kind child, very honest, strong-willed. Right from when he went to nursery, if he didn’t like something, he would say so straight out. He would tell anyone, to their face, what he thought. I used to ask him, ‘why so direct?’ and he would answer ‘because it’s true!’.”

According to Natalia, electronics caught her son’s imagination when he was still a child. At six, he used his sister’s computer to read up about it. At ten, he would put together robots. As a teenager, he learned programming and won computer competitions. In court, Filinkov’s colleagues from the IT company where he worked confirmed his remarkable skills as a programmer.

“He hadn’t yet started going to school, when he told me, when I grow up I’ll be professor, earn lots and lots of money and buy KAMAZ [the truck construction company], so that it can make lots of money too. He obviously thought professors are high earners”, Natalia joked.

After Viktor’s father’s death, the family had to spend less, and moved to a smaller flat, but was still free of serious financial problems. Viktor’s wife, Aleksandra Aksenova, said that he described his childhood as difficult. “He saw how his mum and his sister kept their noses to the grindstone. But still, they had no money for meal time treats. I well remember how Viktor said that, when he was a child, butter was a real treat. It was not starvation, but it was definitely poverty.”

Viktor is described as a sociable person, with dozens of friends, who loves social gatherings. According to his mother, he was a voracious reader as a teenager – of technical books from school in particular. And he would sit on the internet and play computer games.

Aleksandra Aksenova says that Viktor mentioned to her his dislike of the education system in Kazakhstan, and his frequent arguments with his school teachers. “One thing that’s striking about Viktor is that he loves a good argument. Once he has worked out his position, he is very good at defending it. But also, if it turns out he is wrong, he’s not afraid to say so.

“Although he didn’t like the way the school system worked, he was anything but stupid. With STEM subjects he was in his element. And he argued with his teachers, often because he knew more than they did.”

Viktor himself says that, as he got older, he wore his hair long, on account of which the school management “tried to put pressure on him”. Around this time, Filinkov’s anti-fascist and anarchist views took shape.

annotaciya-2020-06-22-111158Viktor Filinkov (third from left) with schoolmates in Kazakhstan. Photo courtesy of Mediazona

“At some point when Vitya was in the 9th year [i.e. at 15], he said that he had become keen on anarchism”, Natalia Filinkova remembers. “Surely he read about it on the internet, there was plenty

Viktor Filinkov (third from left) as a school pupil. Photo: zona.media

written there. This was shortly after [the lawyer, Stanislav] Markelov and [the journalist Anastasia] Baburova were killed [in Moscow]. This had a real effect on Viktor; he wanted justice.”

Viktor’s mother says, however, that they did not talk about politics. In court, she said: “He was a good example to others. At no time did he suggest that he was against the government.”

photo-2018-01-24-22-04-10Viktor Filinkov in happier times. Photo courtesy of Rupression

In 2013 Viktor finished school and moved to Omsk, [in western Siberia, in Russia] where he started studying in the faculty of information and communications technology at Omsk state university.

Viktor never graduated. After two-and-a-half years he abandoned his studies, because his mum became “seriously ill”. (Natalia asked that the diagnosis remain confidential). Filinkov started work, earning 30,000 rubles [400 euros at 2016 exchange rate] per month.

Viktor was happy to quit university, a friend from that time told Bumaga; he complained that classes were boring. This source said that Filinkov soon understood that he had hit the pay ceiling in Omsk, and thought about moving on.

Viktor’s wife recalls that at that time he began to participate in anti-fascist actions and to support human rights campaigns. In 2014-16 he stood on picket lines opposing redundancies among health workers, supported trade unions and attended demonstrations in memory of Markelov and Baburova.

By 2015 Viktor was a committed anti-fascist, an acquaintance from Omsk told Bumaga. According to them, Viktor came to these beliefs himself, without reading “ideological literature” such as the work of [Pyotr] Kropotkin or [Mikhail] Bakunin.

“We first met in 2015, when he was hanging around the university with his friends”, this source recalls. “We had interests in common – in computer technology, and sport – and became friends. There was a small circle there [in Omsk] of people who were anti-authoritarian: a milieu of young leftists, who shared a clear understanding: racism – no way, capitalism – no way.”

This friend of Filinkov’s said they were “not the sort who build communes and prepare revolution”: their main aim was to create horizontal cooperation, within which people could live side-by-side comfortably and help each other. This way of living was seen as an alternative to the state’s.

Aleksandra Aksenova, with whom Filinkov often discussed his time in Omsk, said: “He grew up in conditions of great social injustice. He also saw people’s attitudes to him, due to the fact he was a citizen of another country [Kazakhstan]. How could he not become an anti-fascist?”

Viktor himself has said that in 2016, because of the views he held, he was several times attacked by nationalists.

Both Aksenova and Filinkov’s friend from Omsk said that Viktor had come to know Aleksei Poltavets, who would later confess to the murder of an associate of the “Network” defendants in Penza. Of the other future defendants Viktor knew little, but he had heard their names, says the source in Omsk.

“It wasn’t so much about going to demonstrations or getting together in groups”, Filinkov’s Omsk friend said. “It was that we tried to live by the principles of anti-authoritarianism, anarchism, anti-fascism. And of course we spent time together: cycling, skating, playing around with Linux, trying to write [computer] programmes, listening to music, hanging out, climbing on roofs.”

5-demonstratorsPolice detain a demonstrator outside the courthouse in Petersburg where Filinkov and Boyarshinov were sentenced on June 22, 2020. Photo by David Frenkel, Mediazona

Viktor met his future wife in the summer of 2015 at an anti-fascist concert in Moscow. Aleksandra then lived in Moscow, Filinkov was just visiting. They kept in touch on line, then began talking on the phone and in mid 2016 decided to meet in Penza, midway between Omsk and St Petersburg, where Aleksandra then lived.

Aleksandra had by then got to know many anti-fascists and anarchists, including future defendants in the “network” case: she was friends with Dmitry Pchelintsev, knew Arman Sagynbaev, Igor Shishkin, Andrei Chernov and Yuli Boyarshinov, and had communicated with Ilya Shakursky. Filinkov himself said that, even by the time of the court case, he had only known some of the other defendants indirectly, or met them just once.

“My comrades got to know Vitya”, Aksenova remembers. “They grew pretty fond of him, because he knew so much about so many things. They would endlessly come to see him. ‘Vitek, help with this, help with that, my computer is broken, I need to find something, how can this be done safely?’ And he would sit and explain everything.”

Aksenova says that Filinkov grew to like Dmitry Pchelintsev, the shooting instructor and anti-fascist, who the FSB would later name as the founder of the “network” terrorist organisation. “It’s no secret to anybody that one of most well-read guys in Penza was Dmitry Pchelintsev”, Aksenova says. “He could explain his reasoning, sometimes very romanticised and sometimes loudly, but it was always interesting to talk with him.”

In court, Filinkov’s lawyer, Vitaly Cherkasov, insisted that in Penza Viktor hardly spent time with any of the others, since he was “so enchanted with his lover”.

In September 2016, Filinkov found work at a Petersburg start-up. He and Aleksandra began to live together, and then got married – partly so that Viktor could become a Russian citizen.

At the same time, Filinkov got to know Sagynbaev, and began to attend lectures on first aid. In 2017 Aksenova applied for permission to acquire a firearm: the couple then kept it in a safe in their flat.

In the same year Filinkov, along with other anti-fascists, began to visit a flat at Bogatyrsky Prospekt 22. Aksenova says: “These were meetings of friends. They discussed community projects, and how they could cooperate with each other. As was stated in court, they talked about, among other things, sociological methods of study, and how to develop a culture of discussion.”

When, at the end of 2017, Pchelintsev and other activists in Penza disappeared, Filinkov and Aleksandra tried to find out what had happened to them. Aksenova decided to travel to Kiev, and in January 2018, when it became known that the Petersburg anti-fascist Yuli Boyarshinov had been arrested, Viktor decided to fly out to join her.

Filinkov had a ticket for a Kiev flight two days after Boyarshinov was detained. He told his wife that he was leaving for the airport, but never made it to the Ukrainian capital. Aleksandra searched for her husband for two days. Later on it became clear that he had been detained by FSB officers. Filinkov said that in those days the officers tortured him with an electric shocker, in order to obtain a confession.

6-filinkov-boyarshinovFilinkov and Boyarshinov at a court hearing in 2018

Filinkov spent two-and-a-half years in an Investigative Detention Centre (SIZO). During that time he reported injuries he had sustained as a result of the torture. He was diagnosed with a ruptured spinal disc, and prescribed medicine for psychological problems that he suffered.

According to the FSB, Viktor Filinkov, together with other members of the “Network”, in 2016-18 acquired firearms and learned how to use them, and “acquired the practical means to seize a building”, with the aim of making violent change to the constitutional order. The FSB claimed that the group, in which Filinkov allegedly took part, aimed at the “armed overthrow of the state power”. In the prosecution case, Viktor was named as the signals operative.

The prosecutors argued that Filinkov spoke about being tortured in order to discredit Russia’s law enforcement agencies. As evidence, they adduced the fact that Viktor did not officially inform anyone about the torture before he met with Vitaly Cherkasov, his lawyer, on 26 January [2018]. Cherkasov asserts that his client was in a state of shock, and says that he himself saw the marks [on Filinkov] that resulted from him being beaten.

Members of the Public Monitoring Commission [a civic organisation empowered to monitor conditions in places of detention] also confirmed that there were signs of torture. But no independent medical examination was conducted. Viktor’s mother met with him only several months after his arrest: according to her, it was cold and her son wore a coat: all she saw was a scar on his chin.

When the court hearings began in Petersburg, Filinkov at practically every opportunity spoke of his innocence and rejected the prosecution’s claims. In open court he said: “All that I can say is: no, it’s not true. The burden of proof lies with the prosecution. But for two-and-a-half years, the authorities have shown their bias. They have wagged their fingers at me and said that I have to prove that I am not a camel.”

Filinkov’s work colleagues said in court that he had spoken openly with several of them about his wife’s legal possession of a firearm. He had introduced her to them as “Olga” – which the FSB claimed was a conspiratorial pseudonym. The prosecution also claimed that Filinkov’s “code name” was Gena. Viktor himself insists that people started to call him by that nickname in Omsk, because sometimes he laughed “like a hyena” [“giyena” in Russian].

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

People who know Viktor well have told Bumaga that they understand why he refused to confess, which theoretically could have reduced his sentence. (According to Vitaly Cherkasov, after arrest Filinkov was offered a three-year term [if he confessed].)

“That’s just his character. He won’t confess to something that he didn’t do”, Viktor’s mother Natalia said. “I know what he is thinking: if a person is right, why should he incriminate himself? Knowing him, I wouldn’t even dare to ask if he would think about making a deal. I couldn’t have brought myself to say it to him. Just impossible.”

Aleksandra explains her husband’s decision in terms of the “prisoner’s dilemma” in game theory. There is a choice for two sides: betray each other, or cooperate. Betrayal brings greater gains for each side, and for this reason it is assumed that rational players will choose betrayal. But if both sides turn traitor, the total winnings will be less than if they cooperate.

“When all the defendants in a fabricated trial refuse to admit their guilt, and insist on what they see as the truth, then the mathematical chance that they will all be given the maximum sentence is reduced”, Aleksandra says. “In such a case there’s a possibility that the whole case will just collapse. Because everyone will say what really happened. But in our case, things were complicated because there were only three defendants in Petersburg.”

Officially, the other Petersburg “network” defendants – Igor Shishkin and Yuli Boyarshinov – made no statements that they had been tortured. But after they were first detained, members of the Public Monitoring Commission learned that Shishkin had been diagnosed with a large number of bruises and instances of localised internal bleeding, and that the bone around his eye [the lower orbital wall] had been broken. Boyarshinov stated that FSB officers came to see him in the detention centre, and that other detainees had threatened to rape him.

In his final statement to the court, Filinkov said that he understood both Yuli Boyarshinov, who had confessed to his guilt, and Igor Shishkin, who had cooperated with the investigation (and already in 2019 been sentenced to three-and-a-half years). Viktor considers that they saw no other way out.

Aksenova concludes: “He is an idealist. An idealist who sees the need to take his place in history, who takes upon himself responsibility for the big picture.

“If there were no such idealists, then we would never have an example to follow, of how a person should act in such circumstances. Maybe it will seem to some people that Viktor’s words and actions were rash, and doomed to fail from the outset. I would not argue. But these words and actions are a necessity, for us to stand up for our ideals.” 3 July 2020.

■ Please visit the Rupression web site, to see how you can support the “Network” case prisoners.

■ For more coverage of Filinkov and Boyarshinov’s trial, and of the case, see The Russian Reader, Open Democracy Russia, and Freedom News. People & Nature has written about the case too, e.g. here, and about international solidarity events.

Thanks to People & Nature for permission to reprint this article. \\ TRR

The Network Case

DSCN5441 “Stay human”

This is a complete list of all the articles on the Network Case (aka the Penza-Petersburg “terrorism” case) and related developments that I have published on this website to date. The list will be updated and republished periodically as more articles are added. \\ TRR

[Updated: 2 August 2020]

#NetworkCase #ДелоСети

 

Yevgenia Litvinova: Stop the Crackdown in Crimea!

litvinova placard“Stalinist prison sentences. Crimean Tatars: 7, 8, 12, 12, 18, 19 years. Network Case: 6, 9, 10, 13, 14, 16, 18 years. Coming soon to a location near you!” Photo by Yevgenia Litvinova

Yevgenia Litvinova
Facebook
February 18, 2020

#StopCrackdownInCrimea #FreeCrimeanTatars

Strategy 18

Today I will go to Nevsky Prospect and do a solo picket as part of Strategy 18’s indefinite protest campaign in support of the Crimean Tatars.

My placard addresses the huge sentences handed out to people convicted of far-fetched “crimes.”

My family went through all of this once upon a time. My grandfather was arrested in 1934 and shot in 1937, while my grandmother was imprisoned for nearly 20 years in the Gulag. It is a good thing there is a moratorium on the death penalty, and the arrests have not yet become widespread. But otherwise, the same thing is happening.

In November 2019, the following Crimean Tatars—ordinary people, ordinary believers—were sentenced to monstrous terms of imprisonment:

  • Arsen Dzhepparov, 7 years in prison
  • Refat Alimov, 8 years in prison
  • Vadim Siruk, 8 years in prison
  • Emir-Usein Kuku, 12 years in prison
  • Enver Bekirov, 18 years in prison
  • Muslim Aliyev, 19 years in prison

In February 2020, the defendants in the Network Case—ordinary young men, anarchists—were sentenced to the following monstrous terms of imprisonment:

  • Arman Sagynbayev, 6 years in prison
  • Vasily Kuksov, 9 years in prison
  • Mikhail Kulkov, 10 years in prison
  • Maxim Ivankin, 13 years in prison
  • Andrei Chernov, 14 years in prison
  • Ilya Shakursky, 16 years in prison
  • Dmitry Pchelintsev, 18 years in prison

I will remind you of the famous quote: “First they came for the socialists, and I did not speak out—because I was not a socialist.” And so on.

What is happening now with the Crimean Tatars—86 of them have been arrested for being from the “wrong” ethnicity and having the “wrong” faith—tomorrow could happen to anyone.

What is happening now with the lads from the Network Case—they were convicted based on testimony obtained under torture—tomorrow could happen to anyone.

Let’s show solidarity with those who have been marked out as sacrificial victims today.

Let’s try and pull these people out of the dragon’s mouth.

When we are together, we have a chance.

Today’s Strategy 18 protest in support of the Crimean Tatars will take place on the corner of Nevsky Prospect and Malaya Sadovaya at 7 p.m.

Join us!

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]

18 Years in Prison for Being Tortured by the FSB

content_001_setNetwork Case defendants. Photo by Andrei Karev. Courtesy of Novaya Gazeta

Prosecutor Asks Court to Sentence Penza Network Case Defendants to Up to Eighteen Years in Prison
OVD Info
December 26, 2019

The state prosecutor has asked the Volga District Military Court to sentence the five defendants in the Penza portion of the Network Case to between six and eighteen years in prison, according to a member of the campaign to support the defendants who was present in the courtroom.

The prosecution asked the court to hand down the longest sentence to Dmitry Pchelintsev: 18 years in a maximum-security penal colony. It asked the court to sentence Ilya Shakursky to 16 years, Andrei Chernov to 14 years, Maxim Ivankin to 13 years, Mikhail Kulkov to 10, Vasily Kuksov to 9 years, and Arman Sagynbayev to 6 years. It asked that all the defendants except Kuksov and Sagynbayev be sent to maximum-security penal colonies.

The prosecutor told the court that the defendants’ accounts that they were tortured into testifying had not been corroborated.

All the defendants are accused of involvement in a “terrorist community,” punishable under Article 205.4.4 of the Russian Criminal Code. Pchelinsky and Shakursky are accused of organizing a “terrorist community,” punishable under Article 205.4. In addition, some of the defendants are accused of illegal possession of firearms (Article 222.1), illegal possession of explosives (Article 222.1.1), attempted arson or bombing with mischievous intent (Article 167.2 in combination with Article 30.3), and large-scale attempted drug trafficking (Article 228.1.4.g in combination with Article 30.3).

The criminal case against the Network “terrorist community” was launched in October 2017. According to the FSB, eleven young men in Penza and Petersburg organized the Network and were planning to overthrow the government. The defendants in the case claimed the FSB subjected them to psychological pressure, tortured them with electric shocks, beat them, and planted weapons on them. Some of the defendants recanted the confessions they made in the days following their arrests. OVD Info has reported on each of the defendants in the case in detail.

Translated by the Russian Reader

__________________________________________

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

Mediazona: Russian Show Trial Calendar

баршайRussian political prisoner Andrei Barshay, holding up a handmade placard reading “Free Everyone!” at his custody hearing in Moscow on October 16. Photo by Yevgeny Feldman. Courtesy of Vedomosti

Mediazona

The regime has ratcheted up its crackdown, but the numbers of people willing to help those affected by the crackdown by writing letters to prisoners, sending care packages to remand prisons, and attending court hearings have increased as well. Mediazona has been covering all the important court cases in Russia, and so we will be publishing a “Court Schedule” in which we summarize all the important court hearings in the coming week, updating it as new information is made available.

Seventh Studio Case (Retrial)
Room 409, Meshchansky District Court, Moscow
Judge Olesya Mendeleyeva
10:00 a.m, November 5

Director Kirill Serebrennikov, Culture Ministry employee Sofia Apfelbaum, and ex-Seventh Studio heads Alexei Malobrodsky and Yuri Itin have been accused of embezzling 133 million rubles allocated to the Platform theater project.

Initially, the defendants in the case were under house arrest, but later they were released on their own recognizance. In early September, the court sent the case back to the prosecutor’s office after a comprehensive forensic analysis was performed. On October 8, Moscow City Court overruled that decision, ordering a retrial in the case.

Mediazona has been covering the Seventh Studio Case.

New Greatness Case (Main Trial)
Room 219, Lyublino District Court, Moscow
Judge Alexander Maslov
2:00 p.m., November 5

Moscow’s Lyublino District Court has been hearing the case of eight members of the little-known movement New Greatness, who have been accused of involvement with an “extremist” organization, as punishable by Articles 282.1.1 and 282.1.2 of the Russian Criminal Code. The prosecution’s case is based on testimony given by a person identified as “Ruslan D.,” who is presumably an informant employed by the security services. The defense has insisted it was “Ruslan D.” who encouraged the activists to create a political organization and drafted its charter.

Four of the defendants—Ruslan Kostylenkov, Pyotr Karamzin, Vyacheslav Kryukov, and Dmitry Poletayev—have been in police custody since March 2018. At the October 17 hearing, Kostylenkov and Kryukov slashed their wrists to protest the extension of their time in remand prison.

Three defendants—Anna Pavlikova, Maria Dubovik, and Maxim Roshchin—are under house arrest. The eighth defendant, Sergei Gavrilov, has left Russia and asked for political asylum in Ukraine. He is on the wanted list.

Mediazona has been covering the New Greatness Case.

Dmitry and Olga Prokazov (Child Custody Case)
Room 520 (Appeals Wing), Moscow City Court
Judge Olga Igonina
9:20 a.m., November 6

Dmitry and Olga Prokazov went to the protest rally in Moscow on July 27 with their one-year-old son. The Moscow Prosecutor’s Office decided they had put the boy in danger and asked the court to strip the couple of their parental rights. According to Dmitry Prokazov, on July 27 they had gone only to places where they saw no threat to their child.

“We were tired and decided to go home. I asked our friend Sergei [Fomin] to join us. He agreed and we headed home together. Sergei is my best friend, my childhood friend. He’s the godfather of my eldest son and my wife’s cousin. […] At some point, I asked Sergei to carry the child, and we went to the subway together and then home,” Prokazov recalled.

On August 15, police searched the Prokazovs’ home on the basis of a criminal investigation launched by the Investigative Committee, which suspected the couple of abandonment (Article 125 of the Russian Criminal Code) and failure to perform parental duties (Article 156). Defense lawyer Maxim Pashkov said investigators had no grievances against the couple after questioning them.

In early September, the Lefortovo District Court ruled in favor of the Prokazovs, refusing to deprive them of parental custody. The prosecutor’s office appealed the decision. The hearing at Moscow City Court has been postponed twice.

Penza Case (Main Trial)
Penza Regional Court
A panel of three judges, chaired by Yuri Klubkov
11:00 a.m., November 6, 7, 8

Seven antifascists—Maxim Ivankin, Vasily Kuksov, Maxim Kulkov, Dmitry Pchelintsev, Arman Sagynbayev, Anton Chernov, and Ilya Shakursky—have been charged with founding the “terrorist community Network.” According to the FSB, the defendants were planning to “stir up the masses in order to then destabilize the political situation in the country” and organize a rebellion during the 2018 presidential election and 2018 World Football Cup. The criminal case against the men was launched in the autumn of 2017.

Pchelintsev and Shakursky have said they were tortured with electrical shocks in the basement of the Penza Remand Prison. In September 2018, Sagynbayev, who initially pleaded guilty, said he had also been tortured into testifying. Another defendant, Viktor Filinkov, an alleged member of the Network’s Petersburg cell, has also said he was tortured with an electrical shocker after the FSB detained him.

Although the case is being heard by the Volga District Military Court, the hearings have been taking place at the Penza Regional Court. Experts and witnesses are to be examined at the upcoming hearings.

Mediazona has been covering the Penza Case.

Moscow Case: Eduard Malyshevsky (Merits Hearing)
Room 356, Tverskaya District Court, Moscow
Judge Belyakov
3:30 p.m., November 6

47-year-old Eduard Malyshevsky is accused of violence against a police officer (Russian Criminal Code Article 318.1). According to investigators, after he was detained at the July 27 rally, Malyshevsky kicked out the window of a paddy wagon, which grazed a police officer as it fell to the ground. The defense claims that when Malyshevsky saw two women being beaten by police, he was outraged and pounded on the window, but did not see the police officers next to the vehicle.

After the rally, a court sentenced Malyshevsky to thirteen days in jail for disorderly conduct (Article 20.1.1 of the Administrative Offenses Code). When he was released from the detention facility, Malyshevsky went home to Khimki. A month after the rally, on August 30, he was detained by police and remanded in custody.

Moscow Case: Nikita Chirtsov (Remand Appeal)
Room 225, Moscow City Court
10:00 a.m., November 7

Chirtsov, who took part in the July 27 rally, was detained in Minsk on August 28. Local law enforcement officials explained that Chirtsov, 22, was on the wanted list in Russia on suspicion of using violence against police officers and involvement in rioting.

Chirtsov was expelled from Belarus and banned from entering the country for ten years. On the evening of August 30, he flew from Minsk to Moscow. He was met at Domodedovo Airport by a Mediazona correspondent, but no one attempted to detain Chirtsov.

Chirtsov was detained only two days later, on September 2. Investigators charged him with only one crime: violence against a police officer (Russian Criminal Code Article 318.1), to which he has pleaded not guilty. Chirtsov was remanded in custody on September 3.

Moscow Case: Vladimir Yemelyanov (Remand Appeal)
Room 225, Moscow City Court
10:15 a.m, November 7

Yemelyanov, 27, is accused of grabbing [Russian National Guardsman] Kosov by the uniform at the July 27 protest and pulling him over, making it impossible for him to move and causing him physical pain. Yemelyanov has pleaded not guilty, insisting he did nothing illegal.

A store merchandiser, Yemelyanov suffers from asthma. An orphan, he lives with his 74-year-old grandmother and 91-year-old great-grandmother. Although his grandmother went to his custody hearing, the judge did not allow the parties to question her on the stand.

“I felt civically responsible for the people against whom force was used [at the July 27 rally] and took it upon myself to stop the illegal actions of the Russian National Guardsmen. For my part, I see nothing wrong in the fact that I tried to save a person,” Yemelyanov said in court.

Yemelyanov was remanded in custody on October 16.

Moscow Case: Andrei Barshay (Remand Appeal)
Room 225, Moscow City Court
10:30 a.m., November 7

Like the other defendants in the Moscow Case, 21-year-old Andrei Barshay, a student at the Moscow Aviation Institute, is accused of violence against a police officer, as punishable by Article 318.1 of the Russian Criminal Code.

According to investigators, Barshay pushed a Russian National Guardsman in the back at the July 27 protest rally. Barshay was detained only on October 14. He came to his custody hearing with a piece of paper on which he had written the words “Free Everyone!” On October 16, the Basmanny District Court remanded him in custody for two months.

After Barshay was sent to remand prison, his lawyers reported that his cellmates, who were ex-convicts, had joked about rape in their client’s presence and tried to persuade him to make a deal with investigators. Barshay was then sent for an inpatient psychological and psychiatric examination.

“Undesirable Organization” Case: Yana Antonova
Lenin District Court, Krasnodar
Judge Vitaly Gavlovsky
12:00 p.m., November 7

Antonova, a pediatric surgeon and former Open Russia coordinator in Krasnodar, is accused of involvement in the work of an “undesirable organization,” as punishable by Article 284.1 of the Russian Criminal Code.

The pretext for the case were two posts Antonova made on Facebook and her attendance of a protest rally. In the first post, she wrote about the lack of schools in Krasnodar; in the second, she encouraged people to attend a rally in support of Anastasia Shevchenko from Rostov-on-Don, who has also been charged with involvement in an “undesirable organization.”

Thanks to Elena Zakharova for the heads-up. Translated by the Russian Reader. Please read my previous posts on the 2019 Russian regional elections and the fallout from them, including the ongoing crackdowns against opposition politicians and rank-and-file protesters.

Yana Teplitskaya: Can Torture Be Endured?

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

Yana Teplitskaya
Facebook
June 1, 2019

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

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

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

1. Torture Cannot Be Endured

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

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

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

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

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

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

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

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

2. You can recant the testimony you signed under torture

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

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

3. Publicity is your savior

This is not obviously the case.

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

The arsenal the torturers have at their disposal is endless.

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

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

Translated by the Russian Reader

The Network Trials: Pinning the “Code” on the Defendants

filinkov-boyarshinovPetersburg Network Trial Defendants Viktor Filinkov and Yuli Boyarshinov. Photo by Alexander Koryakov. Courtesy of Kommersant

Prosecution Tries to Pin “Code” on Network Defendants
Anna Pushkarskaya
Kommersant
May 21, 2019

The Volga District Military Court rejected the defense’s motion to send the Penza segment of the so-called Network case back to prosecutors. The prosecution has alleged the defendants established the Network (an organization now officially banned in the Russian Federation), a “terrorist community” of anarchists, in order to overthrow the regime.

Today in Penza the prosecution will begin presenting its case against the seven defendants.

This stage of the trial has been completed in Petersburg, where Viktor Filinkov and Yuli Boyarshinov are on trial for their alleged involvement in the community. Their defense attorneys have moved to disallow key pieces of evidence in the prosecution’s case and summon Penza FSB investigator Valery Tokarev and Petersburg FSB field officer Konstantin Bondarev to the stand. The two FSB officers have been accused by the defendants of torturing them with electrical shocks. The Moscow District Military Court, which is hearing the case in Petersburg, postponed its consideration of these motions until June 4.

The trial in Penza began later than the trial in Petersburg. During the second hearing in Penza, on May 15, after the indictment was read aloud, the defense moved to send the case back to the prosecutor’s office for further investigation. It argued the case had been carelessly patched together, and some of the evidence had been obtained under pain of torture. It was nearly impossible to mount a coherent defense against such an “absurd, vague, and inconsistent” indictment, they said.

Prosecutor Sergei Semerenko argued the trial should proceed, although he refused to rule out the possibility the indictment would ultimately be withdrawn and resubmitted on less serious charges.

The judges reacted to this turn of event unexpectedly. They withdrew to chambers and never returned to the courtroom. A court clerk eventually told the lawyers, waiting for a ruling on their motion, the hearing was adjourned, after which armed guards led the defendants away.

The next day it transpired the trial would resume on May 21.

In the Penza trial, Dmitry Pchelintsev and Ilya Shakursky have been charged with running the Network terrorist community. They face twenty years in prison if convicted. Arman Sagynbayev, Vasily Kuksov, Andrei Chernov, Mikhail Kulkov, and Maxim Ivankin have been charged with involvement in the alleged community. They face ten years in prison if convicted.

A number of the defendants have also been indicted on other charges, including weapons possession and drug trafficking.

In Petersburg, Viktor Filinkov and Yuli Boyarshinov also face charges of involvement in the alleged community. Boyarshinov has also been charged with possession of gunpowder.

Filinkov has claimed he was tortured and denies his guilt. Boyarshinov has complained of torture-like conditions in remand prison but has confessed his guilt.

The subject of torture also came during when a witness in the trial, Igor Shishkin, was questioned. Mr. Shishkin has already been convicted on charges of involvement with the alleged Network as part of a plea agreement with investigators. Members of the Petersburg Public Monitoring Commission found the most serious injuries on his body after he was initially detained and questioned by the FSB in January 2018.

When Mr. Shishkin was asked whether unacceptably violent methods had been used on him and whether had testified voluntarily, he smiled and replied, “The military investigator carried out a brilliant investigation: nothing of the sort was found.”

The Moscow Military District Court finished its examination of the evidence in Petersburg on May 17 after holding a video conference with witnesses in Penza, including the defendants on trial there. All the witnesses testified they had not seen Viktor Filinkov at training sessions in the woods.

However, Mr. Pchelinitsev and Mr. Sagynbayev testified they had not been questioned about the Petersburg case. The transcript of this interrogation had been copied from testimony they gave to FSB investigator Valery Tokarev in Penza while they were tortured. They later withdrew their testimony.

Mr. Filinkov, who worked as a programmer before his arrest, also claimed investigators had falsely interpreted physical evidence seized during searches and reached the wrong conclusions during their investigation.

In particular, he claimed he had not “zigzagged” around Petersburg on the day before his arrest before discarding the hard drives FSB field agents later found in a trash bin. The images and photos on the drives, which had been entered into evidence, were of the kind one would find in the possession of any punk. They had been produced by his wife Alexandra Askyonova as a teenager.

Ms. Aksyonova was granted political asylum in Finland last week.

Mr. Filinkov made a point of noting that Petersburg field officer Konstantin Bondarev, who had compiled the case file on him, should be charged with torture.

Ultimately, the court agreed to summon Mr. Tokarev and Mr. Bondarev to the witness stand, but so far they have failed to appear at the hearings.

The key evidence of the alleged anarchist community’s terrorist inclinations are two documents, seized from two of the Penza defendants: the so-called Code, which outlines the Network’s alleged goals and organizational structure, and the minutes of an interregional “congress” held in a Petersburg flat in 2017, featuring responses from the movement’s alleged cells to socio-political issues.

The FSB has claimed the cells were armed units. The minutes contain neither the names nor the pseudonyms of the respondents.

When Vladimir Putin discussed the Network case with the Presidential Human Rights Council, he referred to a report drafted for him; the report claimed that “founding and programmatic documents had been seized from the terrorist community.”

However, the defendants and witnesses have denied the existence of the documents, claiming they only held discussions during their meetings but did not ratify or sign documents.

Mr. Shishkin, who made a plea agreement with investigators, corroborated this.

Prosecutor Ekaterina Kachurina asked him, “Why did you become interested in anarchist ideology?”

“And why did you become a prosecutor?” he replied, explaining anarchism was interesting to him.

Mr. Pchelintsev said there had been no “congress,” only “a seminar by consensus.”

Vitaly Cherkasov, Mr. Filinikov’s defense attorney, said in court there was every reason to believe “an unlimited number of Petersburg and Penza FSB officials had illegal access over a lengthy period of time” to the hard drive and laptop on which the files containing the “Code” and the “Minutes” had, allegedly, been discovered, due to improprieties in the secure storage and unsealing of the physical evidence.

Mr. Boyarshinov’s assistant defense attorney, Olga Krivonos, moved to have the court declare the documents inadmissible as evidence, along with the FSB’s linguistic forensic investigation, which concluded the “Code” was a “set of instructions outlining the basic organizational principles of a network of combat units capable of resisting the current powers that be.”

The court has adjourned until June 4.

Translated by the Russian Reader. You can read more about the Network case and stories related to the case here.

Crossing Jordan: Day Three of the Network Trial

Jordan and Maidan: The Network Trial, Day Three
Sergei Kagermazov
OVD Info
April 11, 2019

ovd1Yuli Boyarshinov in court. Photo by David Frenkel. Courtesy of OVD Info

The left-wing radical community Network existed, but its young anarchists were training to fend off attacks by ultra-rightists when and if a coup like the one that took place in Ukraine kicked off in Russia. In any case, this was the takeaway message of the testimony given by defendant Yuli Boyarshinov. Echo of Moscow in Petersburg correspondent Sergei Kagermazov describes day three of the Network trial for OVD Info.

The Guerrilla School
The courtroom at the 224th Garrison Military Court in Petersburg is unable to accommodate everyone. Some members of the public are left standing on the far side of the metal detector. The bailiffs claim there is no room and do not let people into the hallway even.

Later, it transpires that several university students who had not heard of the case wormed their way into the courtroom. Someone asked them to attend the hearing, and so reporters from Novaya Gazeta, TASS, and Rosbalt are unable to get into the courtroom. Subsequently, one of the students was identified as a member of the local branch of United Russia’s Young Guard (Molodaya gvardiya). Fontanka.ru would write that the FSB were behind the restricted access to the courtroom.

The highlight of day three of the trial is defendant Yuli Boyarshinov’s testimony. He pleaded guilty and moved to have his case tried separately under a special procedure involving elimination of the evidence phase, but the court denied his motion.

According to Boyarshinov, he knew he was an antifascist approximately since 2009. Six years later, he met another person accused [and convicted] in the case, Igor Shishkin. Shiskin also pleaded guilty, made a deal with case investigators, and was sentenced to three and a half years in prison.

“Around 2015 or 2016, I came to think a violent coup was possible in Russia. On the internet, I learned about radical right-wing groups planing something like what happened in Ukraine in 2014,” says Boyarshinov, who speaks as if he were reading the case file aloud.

People ordinarily do no talk like this.

Boyarshinov insists he was interested only in self-defense in the event radical nationalists emerged in Russia. He learned to handle weapons at the Guerrilla Club, a place in Petersburg affiliated with the DOSAAF [Voluntary Society for Assisting the Army, Air Force and Navy]. Other suspects in the Network case, whom Boyarshinov identified as Yegor and Polina, also took instruction there. Boyarshinov cannot recall their surnames. The young people purchased mock-ups of Kalashnikov rifles and practiced with them. However,  their only goal was self-defense. Boyarshinov emphasizes the young people were not planning any attacks.

It was also then the suspect [sic] met Alexandra Aksyonova, who introduced herself as Olya. Aksyonova is the wife of another defendant in the case, Viktor Filinkov, who is being tried together with Boyarshinov. The young woman is currently in Finland, where her application for political asylum is under review. NTV has reported Aksyonova was one of the leaders of the Network and alleged she had ties with Ukrainian nationalists.

As for the Guerrilla Club, it was also a place where future Donetsk People’s Republic and Lugansk People’s Republic volunteer fighters trained, as well as the Swedes responsible for the bomb attacks in Gothenburg in 2016 and 2017. But none of these people had yet piqued the FSB’s curiosity. When Filinkov asks whether Boyarshinov knew numerous nationalists trained at the Guerrilla Club, Judge Roman Muranov disallows the question as having no bearing on the case.

Jordan 1
Boyarshinov also testifies that, in the early summer of 2016, he was invited to a meeting in the Priozersk District of Leningrad Region. The meeting was attended by Yegor, Polina, and Shishkin, as well as Anton and Pasha, Network members from Penza (the men’s real names were Maxim Ivankin and Dmitry Pchelintsev, who are two more defendants in the case), and two other people. Since the Petersburgers did not know the people from Penza, they also used pseudonyms. Boyarshinov introduced himself as Yura, Yegor as Matvei, and Shishkin as Maxim.

At the meeting, the young men from Penza showed the others a document they called “The Code.” It was a draft project for a community called the Network. Boyarshinov says “The Code”{ ran to around fifteen pages, but only a couple of pages were read aloud to him. The case file contains a document resembling “The Code,” but that is the problem: it only resembles it. Boyarshinov was able to read the entire text of “The Code” only during the pretrial investigation. The young men from Penza said [at the meeting in the Priozersk District] they wanted to encourage the cooperation of different groups involved in self-defense.

ovd2Yuli Boyarshinov in court. Photo by David Frenkel. Courtesy of OVD Info

“So, formally, I joined the Network community,” Boyarshinov admits.

Due to security considerations, it was decided to identify the Petersburg group as “Jordan 1.”

Subsequently, members of the Network would choose different specialties for themselves. Since he had studied demolition and explosives at the Guerrilla Club, Boyarshinov became the group’s sapper.

Another meeting was held in western or northwestern Moscow Region in the woods. Six people attended, including members from Moscow. A third meeting took place in the winter of 2016 at Shishkin’s mother’s dacha. There were also several meetings in the autumn of 2016.

It was at one of these meetings that Boyarshinov met Filinkov. After Boyarshinov has testified, the people in the courtroom learn that, according to the case file, the FSB was already staking out both defendants at the time.

In February 2017, another meeting was held in a rented flat in Petersburg. Shishkin did not come to the meeting, but Filinkov, the Muscovites, and Pchelintsev and Ivankin were present. It was at this meeting that what the FSB identifies as “the minutes” was left behind, finding its way into the case file.

“I cannot corroborate what is described in the minutes of the meeting: I did not take notes. But the description seems more or less accurate,” says Boyarshinov.

When he read the minutes of the meeting, he realized the Network had decided not just to learn self-defense, but to try and destroy the regime.

“I don’t believe in violence, in violence against state authorities. I am sorry I was in such a community,” Boyarshinov repents.

Boyarshinov was detained by police. He claims to have found the smoke powder [with which police apprehended him] on the the roof of a building, since he worked as an industrial climber. He found the powder interesting, since he was studying demolition and explosives. When it was reported Pchelintsev had been detained, Boyarshinov decided to throw the powder away. He left his house and was caught by police.

“Russia’s Falling Apart, We Have to Leave”
The next to testify is Stepan Prokofiev, in whose flat Filinkov lived while he was looking for a place to rent. Prokofiev’s flat was searched by the FSB after they detained Filinkov.

The defendant [Filinkov] immediately points out Prokofiev might commit perjury and slander him.

“The FSB coerced the witness,” argues Filinkov.

[On the day of the search at his flat], Prokofiev was awoken, forced to lie face down on the floor, and handcuffed. He would spend the night at a police station. When Filinkov’s defense attorney, Vitaly Cherkasov, asks whether police explained to him why spent the night at a police station, Judge Muranov disallows the question as having no bearing on the case.

ovd3At the courthouse: members of the public holding pieces of paper inscribed with the message “NTV lies.” Photo by David Frenkel. Courtesy of OVD Info

“Filinkov went to Ukraine to see his wife. When he got back, he told me he had met someone who had fought in Donbas while he was in Kyiv. Filinkov told me a couple of times that Russia was falling apart and we had to leave. He said it would happen after the [March 2018 Russian] presidential election. He would talk about leaving for Georgia or Ukraine after this happened, because it was cheaper to live there,” Prokofiev recounts.

Filinkov counters that he never mentioned talking with anyone who fought in Donbas.

Prosecutor Yekaterina Kachurina is more interested in two guns that were legally registered in Filinkov’s wife’s name. However, it follows from the testimonies of Filinkov and the witness that, for the time being, there is nothing for the prosecution to get its hooks into.  The papers for the guns were in order, and the guns were kept in a safe.

The day ends with an attack by an NTV crew on the attorneys and parents of the defendants. However, members of the pubic cover the lens of NTV’s camera with pieces of paer inscribed with the message “NTV lies” and rattle the young woman holding the microphone by peppering her with absurd questions. Meanwhile, the defense attorneys are able to escape, while the parents get into taxis and quickly quite the scene.

_____________________________________________________________________

Vitaly Cherkasov
Facebook
April 10, 2019

Today, defendant Yuli Boyarshinov, while generally admitting his guilt, did not corroborate the prosecution’s position.

The prosecution has insisted that the members of the Network terrorist community, via “direct involvement in training sessions” that took place in St. Petersburg, Leningrad Region, and Penza Region, mastered “tactical methods of seizing buildings, facilities, and individuals” in order to “forcibly capture and eliminate” state authorities and “change the constitutional order.”

When examined in court, Boyarshinov corroborated the testimony he had given during the pretrial investigation: the goal of the training sessions was to master the skills of self-defense against ultra-nationalists. Defense, not offense!

[…]

_____________________________________________________________________

He Admitted His Guilt But Did Nothing Wrong: Yuli Boyarshinov’s Testimony at Network Trial Gives Prosecution’s Case No Trump Cards
Тatyana Likhanova
Novaya Gazeta in Petersburg
April 11, 2019

The authorities decided to restrict access to the trial of the so-called terrorist community Network, which is an organization now officially banned in Russia.

The high-profile case is being heard by a circuit panel of judges from the Moscow District Military Court at the Garrison Military Court in Petersburg. The hearings have been held in a cramped courtroom with two rows of benches accommodating ten people each. It is thus out of wildly out proportion with the heightened attention paid to the case by the public and the media.

On Tuesday, journalists from several periodicals appealed to the Moscow District Military Court to provide them with normal working conditions. On Wednesday morning, the approaches to the courtroom were occupied by groups of students from the Chemical and Pharmaceutical University and Herzen University’s law school.

The former said they had been sent there by a university official responsible for military training and patriotic education, while the latter claimed they had come to witness a high-profile case they had long been following, although they could not answer a single question about what was at stake in the case.

Among those crowded around the door to the courtroom was a young man bearing a resemblance to Vlad Girmanov, secretary of the military and patriotic club at the Pharmaceutical University, as well as people who had picketed the Petersburg office of [Russian opposition politician and anti-corruption crusader] Alexei Navalny.

nip1Yuli Boyarshinov arriving at the courthouse. Photo by Elena Lukyanova. Courtesy of Novaya in Petersburg

The influx of “extras” was an excuse to limit the access of the press and the public to the trial. The bailiffs refused to let correspondents from Deutsche Welle, TASS, Fontanka.ru. Bumaga, Rosbalt, and other media outlets into the courthouse to cover the trial, as well as Petersburg Public Monitoring Commission member Yekaterina Kosarevskaya. Complaints were filed with the head of the St. Petersburg bailiff service and the chairs of the Petersburg Garrison Military Court and the Moscow District Military Court. They were asked to verify the legality of the actions taken by the bailiffs and secure a courtroom large enough to accommodate everyone interested in witnessing this high-profile case. According to Fontanka.ru, the order to restrict access to the courtroom was made by FSB officers, who thus bypassed the top officials in the Petersburg judicial system.

The hearing opened with testimony by Yuli Boyarshinov, who has pleaded guilty. He said he had been an antifascist since 2009. In the winter of 2015–2016, he concluded that riots involving violence by nationalist groups (“along the lines of the events in Ukraine in 2014”) were possible in Russia. In order to acquire self-defense skills, Boyarshinov attended a month-long course at the Guerrilla Tactical and Firearms Training Center. (Its website says it is affiliated with the DOSAAF [Voluntary Society for Assisting the Army, Air Force and Navy] and “teaches civilians survival skills in local armed conflicts, social unrest, and martial law.”) The course included instruction in handling firearms, surviving in the woods, first aid, radio communication, and mines and explosives.

Boyarshinov attended the classes with his friend Yegor and a young woman identified as Polina. In addition to lectures, training sessions were held at a shooting range near the village of Olgino, during which Boyarshinov used a mock-up of a Kalashnikov assault rifle he acquired. Alexandra Askyonova, co-defendant Viktor Filinkov’s future wife, also went to the shooting range.

In the summer of 2016, Boyarshinov was invited to a meeting with “guys from Penza who were also interested in self-defense.” The meeting took place in the woods of Leningrad Region.

“We made bonfires, discussed different social problems and issues of self-defense, and trained with dummy weapons,” he said.

The attendees used fictitious names because they did not yet trust each other. One of the four attendees would later be identified as Dmitry Pchelintsev, another as Maxim Ivankin.

According to Boyarshinov, the Penza attendees talked about a project provisionally entitled the Network, designed to unite different groups for self-defense classes.

They presented their vision of the organization in a manifest of sorts, entitled “The Network Code,” one or two pages of which were read aloud.

Boyarshinov claimed he did not take what he heard seriously, and when someone later sent him the entire text of “The Code,” he did not bother to read it from cover to cover. He read the full text, nearly twenty pages, only when he was recently reviewing the criminal investigation case file. He was unable to corroborate whether what he read was identical to what had been sent to him earlier, but he said it seemed similar.

The document also outlines possible areas for studying self-defense skills: tactician, medic, signalman, and other roles, with no reference to specific people.

“These areas correspond to the disciplines I studied during the course at the Guerrilla Center,” Boyarshinov noted.

nip2Yuli Boyarshinov’s father Nikolai in the courtroom. Photo by Elena Lukyanova. Courtesy of Novaya Gazeta in Petersburg

The second meeting that summer took place in the Moscow Region. Several young people from the capital joined the attendees of the first meeting. Boyarshinov remembered only that one of them was named Lev. There were more conversations around campfires and training sessions with dummy weapons.

In the winter of 2016–2017, the group traveled to Igor Shishkin’s mother’s dacha, spending their time in much the same way.

Boyarshinov stressed they worked only on fending off attacks during all the meetings and training sessions: they never practiced raids and assaults. Political issues were not discussed, and there was no talk of drilling for terrorist-like crimes.

Shishkin, who made a deal with case investigators, also noted the absence of violent actions during the training when he described the trip to his mother’s dacha in his testimony.

Boyarshinov corroborated that Filinkov did not attend the first two meetings. Aksyonova introduced Boyarshinov to Filinkov in the autumn of 2016. Filinkov took part in a couple of training sessions at the firing range near Olgino. One dealt with first aid and evacuating the wounded, while the second focused on fending off attacks of VIPs [sic] by employing the methods of private security companies. No knives or firearms were used during the training sessions, only dummy machine guns.

As for the group’s allegedly strict conspiratorial methods, among which case investigators identified the use of messengers and encrypted correspondence, Boyarshinov explained they had been his usual means of communication in the years prior to his involvement with the group.

The third meeting with the young men from Penza and several Muscovites took place in a rented flat in Petersburg in February and March 2017. In the case file, this meeting has been identified as a “national congress of the Network terrorist community.”

Boyarshinov, on the contrary, described a two- or three-day meeting, involving approximately a dozen people. They discussed a little of everything, from music to social, environmental and antifascist events. Filinkov was in attendance, but Boyarshinov could not remember him giving a report, showing any initiative or shouldering any responsibilities for further action.

Boyarshinov could not say who organized the meeting and who kept the minutes of the meeting. (A printed file entitled “Minutes of the Congress” was entered into physical evidence.) He could not corroborate whether Filinkov was present the entire time or whether he came and went, since he had himself had come to and gone from the meeting. As far as he could remember, “The Network Code” was also discussed.

However, some of those present said the group should prepare vigorously to fend off potential violent actions when circumstances in Russia deteriorated, while others had advocated “provoking actions themselves,” Boyarshinov recalled uncertainly.

Only after carefully reading the redaction of “The Network Code” provided to him by case investigators did Boyarshinov discover “it had been proposed to establish combat cells and target the authorities.”

“I have never espoused terrorism and I am sorry I wound up in this community,” he added.

However, Boyarshinov was unable to clarify who he believed had authored the document, how its contents were regarded by any of his current co-defendants, and whether it had been backed by someone specifically.

UPDATE
The next day, April 11, the hearing started nearly two hours late. (Allegedly, the armed escort bringing the defendants to court had got stuck in traffic, although it takes fifteen minutes to drive from the remand prison to the courthouse.)

The hearing was brief. The court heard the testimony of the two janitors who had served as official witnesses during the search of Filinkov’s place of residence. The presiding judge then announced the trial was adjourned until May 14.

One explanation for such a long adjournment is the reluctance of Petersburg investigators to wind the case up before the scandal surrounding the lead investigator in the main part of the Network case, Valery Tokarev, a senior investigator in the FSB’s Penza Region office, has been cleared up.

The previous day’s evening news broadcast on state TV channel Russia 24 featured a segment on fugitive businessman Alexei Shmatko.

Shmatko, who complained he was tortured by Tokarev, has been granted political asylum in Great Britain. (The segment starts at the fifty-minute mark.)

This was not the first time the All-Russia State Television and Radio Broadcasting Company had discussed the vicissitudes of this Penza businessman’s career. Shmatko had been on federal business ombudsman Boris Titov’s list of fugitive Russian businessmen who had voiced a desire to return home. But Tokarev’s name had never been mentioned on the air before. (Although Shmatko claims he had mentioned it during previous TV interviews.)

This time round, the presenter on state television was insistent, encouraging the businessman to dot his i’s and cross his t’s. Who had bribed him? What was the reason?

“He subjected me to torture,” Shmatko said, specifying his charges against Tokarev, “and accepted a bribe from me to release me from remand prison.”

Shmatko complained he had informed the Russian Investigative Committee about this incident in a written statement, but they “had not batted an eye.” He also assured the news presenter he was willing to return to Russia if his case were transferred to the feds, investigated thoroughly, and Senior Investigator Tokarev were arrested.

If this happened, Shmatko would return to Russia for Tokarev’s trial and testify against him.

The interview with Shmatko was chockablock with quotations from the President’s Address to the Federal Assembly on the need to criminalize illegal investigations and punish those responsible for launching them.

On April 10, Prosecutor General Yuri Chaika, speaking in the Federation Council, reported the number of corrupt FSB officers who had been outed had more than doubled. He also drew attention to “egregious cases of cruelty toward inmates.”

Three defendants in the Network case in Penza—Dmitry Pchelintsev, Ilya Shakursky, and Arman Sagynbayev—complained they had been tortured with electric shocks in an attempt to force them to incriminate themselves and others, including the Petersburg defendants.

Translated by the Russian Reader. You can find links to my previous coverage of the Network case here.

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

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

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

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

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

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

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

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

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

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

***

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

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

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

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

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

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

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

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

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

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

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

pan-shakurskyIlya Shakursky

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

pan-pchelintsevDmitry Pchelinstev

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

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

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

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

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

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

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

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

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

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

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

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

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

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