Hand It Over

moscow highway serviceMoscow’s streets are, apparently, reserved for planet-killing traffic jams and idiotic displays of state power, like this parade of trucks by the Moscow Highway Service. Yesterday, another of the city’s municipal agencies, which are run as profit-making “state enterprises,” Moscow City Transport, won a 1.2 million-ruble lawsuit against opposition leaders and independent city council candidates for the losses it incurred, allegedly, during the July 27 protest rally in support of independent candidates barred from running in the September 8 elections. A raft of other frivolous lawsuits against the opposition is coming down the pike by way of punishing them for their persistence and their tactical victory this past Sunday. Photo courtesy of the Moscow Highway Service

Hand It Over: Court Awards Moscow City Transport 1.2 Million Rubles in Suit Against Opposition Politicians
Maria Litvinova
Kommersant
September 11, 2019

Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, and Vladimir Milov must jointly pay Moscow City Transport (Mosgortrans) 1.2 million rubles [approx. $18,000] for the losses it incurred due to traffic stoppages during the “unauthorized” protest rally on July 27 in Moscow. Such was the ruling made on Tuesday by the Koptevo District Court on the lawsuit brought by Moscow City Transport. The defendants were unsuccessful in their attempt to demand financial documents showing the losses. They argued that public transport was poorly organized and also pointed out the large-scaled public events held by the mayor’s office in the downtown area.

Moscow City Transport filed a suit against Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, Georgy Alburov, and Vladimir Milov, who were involved, allegedly, in organizing the July 27 protest rally dedicated to the course of the Moscow City Duma election campaign [sic]. The plaintiff claimed that public transport ground to a halt on several streets due to the blocking of roads by people who took part in the “unauthorized” event and the company incurred losses. Moscow City Transport sought 1.2 million rubles in damages from the members of the opposition.

The hearing at the Koptevo District Court was attended by legal counsel for the defendants, including Alexander Pomazuyev (Sobol and Stepanov), Oksana Oparenko and Sergei Badamshin (Solovyov), Vadim Prokhorov (Yashin), and Andrei Tamurka (Galyamina), as well as Vladimir Milov, who was barred from running in the elections, and his lawyer Valentina Frolova. Navalny and Zhdanov neither attended the hearing nor sent their lawyers. Moscow City Transport’s lawyers refused to give their names to reporters.

Judge Vera Petrova opened the hearing by rejecting a number of motions made by the defendants. In particular, the opposition politicians had asked for a financial report from Moscow City Transport for July 2019 showing the losses, as well as the logbooks of its bus drivers. According to Pomazuyev, it was impossible to substantiate Moscow City Transport’s calculations and corroborate the alleged losses.

The defendants had also moved to have officers of the Russian National Guard and the Interior Ministry, who, they claimed, had blocked roads, named as co-defendants, but the court turned them down.

The defense argued that when it refused to examine key documents the court had taken the plaintiff’s side. Its subsequent motion, asking for the judge to recuse herself, was also denied.

During the trial, one of the plaintiff’s lawyers admitted there had been traffic congestion in different parts of Moscow on July 27 but was unable to explain why the protest rally was the reason for the lawsuit.

Moscow City Transport had identified the persons liable for its losses on the grounds that they had already been convicted on administrative charges for their involvement in the “unauthorized” rally and they had published posts on social media encouraged people to turn out for the event.

The defendants and their lawyers wondered why they had been singled out given the fact that numerous people had either been detained at the protest rally or posted about it on social media.

“There were endless numbers of people on the internet who encouraged people to come out for the event,” a lawyer for the plaintiff conceded, “but we chose to sue these people.”

The lawyers for the defense rejected the claim their clients had encouraged people to block streets. They presented the court with a list of the streets traveled by the buses that, allegedly, got stuck in traffic due to the protest rally in downtown Moscow. For example, Bus No. 137 travels from Belovezhskaya Street to Kyiv Station without going through downtown.

Milov told the court that the documents presented by the plaintiff pointed to “traffic congestion,” not the “blocking of roads.”

“Because of traffic jams, it took me two and a half hours to get here today. Moscow City Transport should sue the Moscow mayor’s office for its poor job of regulating traffic,” he said.

“Moscow City Transport handles the sale of transport tickets in ticket offices around the city,” he said. “Passengers put down their money and decide for themselves when to use the tickets they buy. So, you do not incur losses when buses are stuck in traffic but make money hand over fist.”

The defense argued that the Moscow mayor’s office regularly blocked roads in order to hold city-sponsored events, but Moscow City Transport had never once sued the mayor’s office for losses.

Moscow City Transport’s lawyers countered that the mayor’s office always compensated them for losses.

“If you had compensated us, we would have no claim against you,” one of them said.

Frolova reminded the court of the “burden of responsibility” borne by the public authorities.

“How are the rights of people who enjoy dumplings and pancakes [a reference to the festivals regularly organized downtown by the mayor’s office—Kommersant] any different from the rights of people who are voicing their civic stance?” she asked.

The defendants insisted on the political nature of the court case, arguing it had to do with the elections to the Moscow City Duma.

“The elections are over, people voiced their opinion, let’s get back to the law,” Badamshin said to the judge.

“The court has ruled in favor of the plaintiff,” said Judge Vera Petrova, putting an end to the arguments.

The court rejected the suit in relation to one of the co-defendants, Georgy Alburov. The money will be recovered from all the other co-defendants jointly and severally.

Several other private firms, state-owned companies, and state agencies plan to seek compensation from the opposition, in particular, the Moscow Highway Service, the Moscow subway, the taxi service, the staffing company Ancor, the car rental company Fly Auto and, as transpired yesterday, the Moscow Prosecutor’s Office.

Translated by the Russian Reader

Is Smart Voting So Smart?

votesmart

Experts Disagree on Effectiveness of Smart Voting: Some Candidates Recommended by Navalny Could Win, But the Strategy Has Split the Opposition
Yelena Mukhametshina and Svetlana Bocharova
Vedomosti
September 4, 2019

On Tuesday, politician Alexei Navalny published on his website a list of candidates running in the elections to the Moscow City Duma, scheduled for this Sunday, September 8, whom he has recommended for “smart” voters. They are invited to visit the website and enter their home address to see the name of the recommended candidate in their voting district.

The list covers all forty-five voting districts in Moscow and includes thirty-three Communist Party candidates, five candidates from A Just Russia, all three Yabloko Party candidates who have been allowed to stand in the elections, and one independent candidate.

In particular, in District 5, where ex-MP Dmitry Gudkov was not allowed to stand, Navalny has recommended voting for Anastasia Udaltsova (Communist Party). In District 37, where the Yabloko candidate, Elena Rusakova, was disqualified, he urged voters to cast their ballots for Nikolai Gubenko (Communist Party), the Moscow City Duma’s incumbent deputy chair. In District 43, where Lyubov Sobol, a lawyer at Navalny’s Anti-Corruption Foundation, was not allowed to run, he advised people to vote for Yabloko candidate Sergei Mitrokhin. Finally, in District 45, where Ilya Yashin, head of the Krasnoselsky Municipal District Council was disqualified, Navalny has recommended supporting Magomet Yandiyev from A Just Russia.

The smart voting strategy argues that opposition-minded Muscovites should vote in a consolidated manner for the recommended candidates in order to prevent as many covert and overt United Russia party candidates and other pro-regime candidates from being seated in the City Duma as possible. The idea is to seat forty-five different MPs in the City Duma.

As Navalny explained, “Five or six will be okay, one to three will be just great, and the rest won’t be from United Russia, at least.”

All of United Russia’s candidates and candidates supported by the mayor’s office are running as independents in the current elections. As our sources close to the mayor’s office and the party explained to us earlier, this was due to United Russia’s low popularity ratings in the capital.

On Tuesday, TV Rain quoted Valery Rashkin, leader of the Moscow branch of the Communist Party, as saying they intended to welcome Navalny’s call to vote for Communists in most of Moscow’s voting districts. When he was asked how the party’s national leadership would react, Rashkin said the Moscow branch was independent.

Political scientist Yevgeny Minchenko pointed out there were candidates in Navalny’s list who already had a good chance of winning. It was doubtful, he argued, whether Navalny’s recommendations would have a direct, large-scale impact on their vote tallies.

“The number of activists who are willing to respond to Navalny’s recommendations is not great,” Minchenko said.

In addition, there was the question of how to measure the effectiveness of the recommendations since it would be impossible to establish reliably why people voted the way they did, argued Mincheko.

The situation was a delicate one for the Communists, he noted.

“They have been trying to tune Navalny out any way they can,” he said.

Since the Communists were stronger electorally than Navalny, it was more advantageous to him to enlist them as his ad hoc allies.

Minchenko did not expect the regime to crack down on the candidates recommended by Navalny.

Judging by the attention rank-and-file voters have been paying to the current showdown, according to Levada Center polls, smart voting could prove to be the kingmaker in most voting districts, political scientist Abbas Gallyamov argued.

“People are wound up, not so much because of the refusal to register opposition candidates, but because of the aggressive actions of the security forces. The percentage of voters who show up to the polls as a way of voicing their protest will be quite high,” he said.

Many of the candidates supported by Navalny were not at loggerheads with the regime, but neither were they “regime people,” Gallyamov added.

“As soon as they feel they have the backing of real voters, especially protest voters, they will quickly become self-sufficient and the authorities will have to negotiate with each of them,” he said.

Smart voting had split the opposition, separating its more radical members from the moderates, noted political scientist Alexei Makarkin.

“The more radical politicians have the same principle: the worse things are, the better. If a Stalinist ends up in the Moscow City Duma, that would be okay, too. In reality, however, such people are usually quickly co-opted by the regime,” he said.

Besides, Makarkin said, Dmitry Gudkov and Mikhail Khodorkovsky had published their own lists of recommended candidates.

“Smart voting has not helped consolidate the opposition. It has generated more conflict among people whose relations were already far from sunny,” he said.

In addition, there were problems with specific candidates recommended by Navalny. For example, his list included Leonid Zyuganov, grandson of regime loyalist and Communist Party leader Gennady Zyuganov, said Makarkin.

Navalny’s recommendations would not do the Communist Party any harm, nor did Makarkin anticipate crackdowns against the party members on his list.

Image courtesy of Back in River City. Translated by the Russian Reader

Five Time’s the Charm

yashinIlya Yashin is not the only unregistered candidate for the Moscow City Duma against whom the tactic of consecutive arrests has been used. Photo by Yevgeny Razumny. Courtesy of Vedomosti

Yashin Breaks Record for Numbers of Arrests: Moscow Test Drives New Method of Combating Activists
Anastasia Kornya
Vedomosti
August 30, 2019

On Thursday, Ilya Yashin, head of the Krasnoselsky Municipal District Council in Moscow, was sentenced to his fifth consecutive jail sentence of ten days for an administrative violation. The Tverskaya District Court found him guilty of calling on the public to attend an August 3 “unauthorized” protest rally in support of the independent candidates barred from running in the September 8 elections to the Moscow City Duma.

Yashin has been in police custody since July 29. He has been detained every time he left the special detention center after serving his latest sentence. Police have taken him to court, where he has faced fresh charges of holding an “unauthorized” protest or calling on the public to attend one and then been sentenced to jail again. The municipal district councilman has thus been in detention almost continuously for thirty-two days, while the total time he has spent in jail this summer is forty-one days. This considerably exceeds the maximum allowable sentence of thirty days, as stipulated by the Criminal Procedures Code.

Yashin is scheduled to be released on September 7, but there is no guarantee he will not go to jail again.

Yashin’s lawyer Vadim Prokhorov told the court that the prosecution of the councilman was tantamount to a political reprisal. Formally, he noted, one arrest can follow another without violating the law. The problem was that the courts could make one wrongful ruling after another. Prokhorov saw no point in amending the laws, which are quite logical on this point.

“It would be like treating cancer with aspirin,” he said. “We have to change the whole judicial system.”

Ilya Yashin is not the only unregistered candidate for the Moscow City Duma against whom the tactic of consecutive arrests has been used. Former MP Dmitry Gudkov was sentenced to thirty days in jail on July 30, but several days before his scheduled release he was sentenced to another ten days in jail for calling on people to attend the July 27 protest rally. Yulia Galyamina has been convicted of three administrative offenses and sentenced to ten days in jail twice and fifteen days once; she is still in police custody. Konstantin Yankauskas has been arrested and sentenced to seven, ten, and nine days in jail, respectively; like Yashin, he was detained by police after leaving the special detention center. Oleg Stepanov has been sentenced consecutively to eight and fifteen days in jail; Ivan Zhdanov, to ten and fifteen days in jail.

The authorities are unwilling to charge the protest leaders with felonies and remand them in custody, but they clearly do not want to see them at large, said Alexei Glukhov, head of the project Defense of Protest. He noted that the current tactic of arresting opposition leaders multiple times is something novel: in the entire history of the protest movement [sic], no one had ever been arrested more than two times in a row.

Glukhov warned that the tactic was quite dangerous. Courtesy of the Russian Supreme Court, which in the recent past has ruled that violating the deadline for filing charges (legally, the authorities have two days to do this) did not preclude filing charges later, any person who attends a protest rally has the sword of Damocles hanging over their head for a year after the rally.  The authorities can arrest them at any time, for example, by claiming they had only just established their identities.

Glukhov pointed out that, in its review of the government’s draft project for a new Criminal Procedures Code, the Presidential Council on Human Rights had drawn attention to the fact that the one-year statute of limitations in such cases was not justified and could be misused.

Translated by the Russian Reader

Ilya Yashin: Life in a Russian Jail

yashinIlya Yashin. Photo courtesy of his Facebook page

Ilya Yashin Rearrested After Three Stints in Jail
Radio Svoboda
August 18, 2019

Opposition politician Ilya Yashin was rearrested on Sunday after he left the special detention center in Moscow where he had been jailed for an administrative offense. He posted a video of his arrest on his Twitter account.

In the video, a police officer tells Yashin he has been detained “for encouraging [people to attend] ‘unauthorized’ protest rallies on July 18 and 19.” Apparently, he meant the gatherings on Trubnaya Square in support of the independent candidates attempting to stand in the September 8 elections to the Moscow City Duma. Unlike the protest rallies on July 27 and August 3, the July 18 and 19 rallies were not dispersed by police.

Over the last month, Yashin has been jailed three times after being charged and convicted of various administrative offenses having to do with “unauthorized” grassroots rallies. He had been in jail since July 29.

One of the unregistered candidates in the Moscow City Duma elections, Yashin took part in a series of protest rallies against the Moscow City Elections Commission’s refusal to put independent candidates on the ballot and encouraged people to attend the protests.

Earlier, Konstantin Yankauskas and Yulia Galyamina, also unregistered independent candidates for the Moscow City Duma, were similarly detained immediately after leaving jail and sentenced to new terms in police custody. A court had also ordered Ivan Zhdanov’s rearrest, but when he left the special detention center, no police escort was waiting for him. Consequently, he went home.

Ilya Yashin
Facebook

August 17, 2019

The police brass is quite unhappy. How did it happen I was jailed and locked in a cell but things I wrote were posted on social media and I was quoted in the media? The brass does not get that you can send a text to the outside world with a lawyer. The brass imagines it is surrounded by treachery and betrayal.

What if there were supporters of the opposition in the police? Maybe they were providing me with access to the internet? After my letter to [Russian Central Elections Commission Chair] Ella Pamfilova was published, clearly paranoid new rules were issued at the special detention center.

The fact is that prisoners have the right to use their own telephones fifteen minutes a day. They cannot be used to access the internet or send texts, only to make calls. Until recently, the wardens were not very strict about enforcing this rule. But now there were new orders.

In order for me to make a call, the special detention center’s warden personally escorts me every day from my cell to his office, where he keeps my telephone locked in a safe, separate from all the other phones. He sits down at his desk, hands me the phone, and sets his stopwatch to fifteen minutes: the rules are strictly followed. Simultaneously, the duty officer stands opposite me brandishing a video recorder on his chest. I am thus able to convey my greetings to the Interior Ministry’s head office in Moscow.

I wave to the camera and say, “Hey, boss!” like [Yuri] Shevchuk [in the 1992 DDT song “Motherland”].

The boss smiles.

The Detention Center
They say you are curious about how things are organized here in jail. It’s really interesting, huh? Let me tell you about it.

The cell where I have lived for the past three weeks is seven meters by four meters large. There are three cots lined up in a row, a small wooden table, and a bench. There are double bars on the window.

The bathroom—a washbasin and a hole in the floor used as a toilet—is in the corner. When Nemtsov was jailed for the first time, he offered the warden to pay for making conditions in the jail more humane and, at least, install toilets.

“It won’t work, Boris Yefimovich,” the warden replied. “The leadership values things like corruption.”

The most disgusting thing is that the bathroom is not at all shielded from the living space. Prisoners usually hang a sheet around it to fence off the space.

Meals are served in the cafeteria, where prisoners who have agreed to work in the kitchen hand out food in plastic containers. In return, they get informal perks such as more telephone time and more frequent showers.

There is an exercise yard in the special detention center, a small space fenced off with concrete slabs and decorated with barbed wire. It is covered from above by bars.

And, of course, all the rooms are equipped with video cameras. Your every move is broadcast to monitors in the duty room. A prisoner’s entire everyday life is a reality show.

Conditions
Between seven and eight in the morning, the metal door wakes you up with an unpleasant creak. The duty officer comes into the cell and orders you to get up. The inmates trudge to the cafeteria, where they get their rations of porridge.

Accompanied by his entourage, the warden inspects ten cells or so. This is the morning inspection, during which personal belongings are searched. Then groups of prisoners are taken to make phone calls and exercise in the yard, which lasts for no more than an hour a day.

Lunch is followed by free time, dinner, and lights out. During the day, you are allowed to read, write, and listen to the radio. TV sets are not allowed in the cells, unlike remand prisons for people charged with criminal offenses. Backgammon and checkers are available to the inmates, however.

You also have the right to see your loved ones. It does not matter, though, how many days you have been sentenced to jail. Whether you are in for five days or thirty days, you get only one visit and it lasts no more than an hour. So, I have been luckier than Navalny and [VladimirMilov, whom the court immediately sentenced to thirty days in jail. I have been sentenced to ten days at a time, and each new sentence comes with another family visit. Not bad, right?

On Sundays, the prisoners take showers. You wonder why this happens so infrequently? No one will tell you why. It is the way things are. One of the guys asked a police officer whether the special detention center had a separate shower for staff.

“Of course,” the sergeant said, surprised. “We are on duty for three days straight. You think we are going to go home dirty after our shifts? Are we not human beings or what?”

What about us? Are we not human beings?

Daily Life
When you are admitted to the special detention center, they confiscate all the “extras,” including your shoelaces, belt, and chains. The idea is that these items could be dangerous to you and your cellmates.

Care packages containing food, cigarettes, books, and newspapers are allowed. But the guards give food items a good shakedown. Candy must be removed from wrappers, while fruit and bread are poked with a knife. What are they looking for? A nail file that you will use to make your escape? It’s a mystery. Packages of sliced meat and cheese are opened.

The way they inspect newspapers and magazines is the funniest thing. If the duty officer notices any marks and underlining, he refuses to let the periodical through.

“The brass thinks encrypted messages can be sent this way,” said an officer, shrugging.

I thought was he was joking, but I was wrong.

Experienced inmates know how to make tea in the cells and share their skills with the newbies. They use big five-liter mineral water bottles. During trips to the cafeteria, they hand them over to the chow servers, who fill them with boiling water. The bottles shrink but they generally retain their shape. Back in the cells, the bottles are wrapped in blankets and stuffed in plastic bags. You end up with a homemade thermos that keeps the water piping hot for a fairly long time.

***

Oleg Stepanov, the coordinator of Navalny’s Moscow campaign headquarters, lies in the cot next to mine reading the autobiographies of early twentieth-century Russian revolutionaries.

He laughs.

“Listen to this,” he says, reading an excerpt aloud.

“I immediately liked the prison. Everything there was businesslike, as befitted the capital. We were led to our cell. The comrade marching next to me was merry as if he were going to a welcome occasion. He elbowed me and wondered whether we would be put in the same cell.  We were put in a common cell with two fellow Socialist Revolutionaries we knew. It resembled a student party more than a prison. There were books, notebooks in which we recorded our thoughts, slices of sausage laid out on a wooden table, mugs of tea, laughter, jokes, discussions, and games of chess.”

Nemtsov was right. In Russia, you have to live a long time for something to happen.

Thanks to Yevgenia Litvinova for posting the second text. Translated by the Russian Reader

Stanislava Novgorodtseva: Portraits of Angry Muscovites

“The Regime Has No Feedback from the Populace”: What Are People Saying Who Support the Candidates Barred from the Moscow City Duma Elections?
Photographer Stanislava Novgorodtseva took photos of angry Muscovites, trying to find out what it was they wanted
July 27, 2019

3a28b76117eb6539c85008b98b8c8159Viktor, 21, student and programmer. “Ideally, I would like to see all the candidates who were illegally barred put on the ballot and the Moscow City Duma dissolved, respectively. That would make sense to all of us.”

mikhailMikhail, 23, web developer. “I came here to support Ilya Yashin, a candidate in Borough No. 45, which includes the Krasnoselsky and Meshchansky Districts. He is currently detained by the police. My big hope is that at least one election in this country is legitimate.”

vadimVadim, 61, retired doctor. “I wanted to hear the barred candidates speak and support them, and defend our rights, which have been violated. A criminal offense has been committed and we must get to the bottom of it.”

ilyaIlya, 21, artist. “First of all, I would like to stop the lawlessness directed at the populace, the continuing poverty, arrests, and prison sentences. We need to see justice done and hold fair elections so the so-called government stops pushing us around. Because a country is not a bunch of people but a nation.”

klaraKlara, 75, retired engineer and metallurgist. “We came specially to defend our candidate, Yulia Galyamina. She is a decent person, she lectures at two universities. What were the police’s grounds for searching her home? A huge number of people have supported her, but she has been barred from running.”

marinaMarina, 56, psychology lecturer. “We basically cannot change anything at the moment. We are merely showing them we exist because it is impossible to change anything now. But everything will change after a while. When they see we are here, they take us into account.”

Yulia, 42, chief accountant. “I am here to get the candidates who met the legal requirements onto the ballot. We want to see an end to the manipulations, violations, and planting of drugs on people. We just want the laws to be obeyed. I want to be able to go to court and defend my rights.”

Andrei, 43, technical consultant. “It is the only thing left to us: we cannot do anything else. If we stay at home and ‘strike,’ we could die and no one would care. People have to take to the streets around the world. Otherwise, if you are not seen you are not heard. The prosecutor’s offices, courts, and police do not do their jobs. All the state agencies send formal replies or do not respond at all when you complain to them.”

Vera, 56, oil geologist. “We have a problem with infill construction, but our candidate, Elena Rusakova, has been barred from running. We are absolutely certain the signatures [on the petitions supporting Rusakov’s candidacy], are genuine: we signed them ourselves and helped her collect them. We have come to voice our protest.”

Natalya, 62, manager. “We lived in a nice green neighborhood. I was apolitical, but suddenly we were surrounded by construction sites, fences, sidewalks, and paving stones. They have been expropriating green spaces and cutting down trees. Candidates willing to fight against this are barred from holding political office. My mom is 94 years old. She survived the Siege of Leningrad. She does not leave the house anymore, but she told me I definitely had to come to this rally. Otherwise, she said, my children would live in a police state.”

Alexander, 44, activist: “I filed a complaint with the European Court of Human Rights because my building has slated for [Moscow Mayor Sobyanin’s massive residential building] renovation. That is one of the reasons I came. But Sobyanin and his stooges in the Moscow City Duma are bad guys not only because of the renovation program. They have been robbing and disfiguring the city. We came out to show the authorities what we think, although we have been accused of wanting violent regime change. This is not true.”

Anatoly, 48, programmer: “I came to the rally as part of a social experiment. I am not much interested in showdowns over who gets on the city council. I have more grudges against the current regime than everyone else here combined, but people are fighting for cosmetic changes. Even if [independent] candidates get on the ballot, I don’t believe improvements will follow. The regime has no feedback from the populace, but I don’t think protest rallies can solve the problem.”

Translated by the Russian Reader

Russian Opposition Hit with New Wave of Searches and Arrests

Russian Opposition Hit with New Wave of Searches and Arrests
Yelena Mukhametshina
Vedomosti
July 25, 2019

On Wednesday evening, Moscow’s Simonovsky District Court jailed politician Alexei Navalny for thirty days for calling on Muscovites to go to the mayor’s office this weekend to protest irregularities in the upcoming elections to the Moscow City Duma. Law enforcement agencies simultaneously launched a dragnet against the Russian opposition. Investigators searched the homes of ex-MP Dmitry Gudkov, his colleague Alexander Solovyov, Ivan Zhdanov, director of Navalny’s Anti-Corruption Foundation (FBK), and municipal council member Nikolai Balandin.

The search in Gudkov’s home lasted around two hours. Investigators confiscated the politician’s computers, smartphone, and all portable electronic storage devices. Gudkov’s press secretary Alexei Obukhov said the search warrant mentioned the confiscation of all computer discs [sic] in connection with the protest rallies and pickets outside the Moscow City Elections Commission on July 14, 15, and 18. Identified as a witness in a criminal investigation, Gudkov was given a summons to an interrogation at the Main Investigative Department of the Investigative Committee’s Moscow office on Thursday morning. Navalny’s colleague Leonid Volkov reported that, after his home was searched, Zhdanov was taken immediately to the Main Investigative Department.

gudkovPolice searching Dmitry Gudkov’s apartment. Courtesy of Dmitry Gudkov’s Telegram channel and Vedomosti

FBK lawyer Lyubov Sobol, municipal district council member Yulia Galyamina, and ex-MP Gennady Gudkov have also been summoned to interrogations on Thursday morning.

“Would that they went after criminals this way. They are just scumbags!” Gudkov, Sr., wrote in an emotional post on his Twitter page after receiving a phone call from an Investigative Committee investigator.

On Wednesday afternoon, the Main Investigative Committee reported it had launched a criminal investigation into the protest rally that was held outside the Moscow City Elections Commission on July 14 by opposition candidates to the Moscow City Duma under Article 141 of the Russian Criminal Code, which criminalizes the “obstruction of voting rights or the work of electoral commissions.” In July 2019,  the Main Investigative Office writes, members of a particular movement organized illegal and unauthorized rallies and pickets outside the Moscow City Elections Commission in order to exert pressure on members of the election commissions and obstruct their work. People who attended the rallies threatened election commissions members with violence, the Main Investigative Offices reports. It did not specify which part of Article 141, in its view, had been violated. It could choose to indict people under Article 141.2, which carries a maximum punishment of five years in prison.

The protests out the Moscow City Elections Commission were sparked when district election commissions found flaws, allegedly, in the signature sheets of people intending to run as independent candidates in the September 8 elections to the Moscow City Duma. The flawed signature sheets, allegedly, disqualified them as candidates, and the local election commissions refused to register them. Among the disqualified candidates were municipal district council members Ilya Yashin, Konstantin Yankauksas, Anastasia Bryukhanova, Galyamina, and Dmitry Gudkov; Navalny’s colleagues Sobol and Zhdanov; and Yabloko Party members Elena Rusakova, Kirill Goncharov, and Sergei Mitrokhin.

All last week, the opposition kept up its protests, which had not been vetted by the mayor’s office, on Trubnaya Square. On Saturday, an estimated 22,500 people attended an authorized protest rally on Sakharov Avenue. During the rally, Navalny told the crowd that if all the independent candidates were not registered in the coming week, people should go to the mayor’s office on July 27.

On Wednesday afternoon, opposition politicians told Vedomosti they were prepared to rally outside the mayor’s office on Saturday.

“The criminal investigation is obviously an attempt to intimidate us. We want to run in the elections, but they refuse to put us on the ballot. Now they say they have launched a criminal investigation. We will keep defending our rights,” said Yashin.

Galyamina also believes the authorities are trying to intimidate the opposition.

“On July 14, [Moscow City Elections Commission chair Valentin] Gorbunov was at his dacha, and the commission was closed for business. It is unclear whose work we could have obstructed,” she said.

Gorbunov told Vedomosti that he was not at the commission’s offices on July 14, but that during election campaigns the commission’s working groups and members work weekends as well.

“Time is short and we have to wind things up,” he said.

Gorbunov learned about the criminal investigation from the press. He had no idea who had filed the complaint.

“I believe people need to act within the law. [Central Elections Commission chair Ella] Pamfilova said that rallies were not a form of political campaigning, that people had to work within the bounds of the law. I can only say that the rally outside the Moscow City Elections Commission was not authorized, but it is up to law enforcement agencies to comment on criminal liability for what happened,” he said.

However, on July 14, Gorbunov had told Vedomosti the commission was closed on Sundays.

“They [the opposition] might as well have gone to some factory that was closed on Sunday,” he said then.

The criminal investigation is probably meant by the security forces as a way to intimidate protesters, argues a person close to the mayor’s office. This source said it was clear police would detain people who attempted to attend an unauthorized rally on July 27.

According to court statistics, people have been charged and convicted of violating Article 141 extremely rarely. In the last ten years, the most “fruitful” years were 2009 and 2011, when fifteen and eleven people, respectively, were charged and convicted of violating the article.

In 2009, six people were indicted under Article 141 due to numerous abuses in the mayoral election in Derbent. In 2011, Andrei Ruchkin, head of the Engels District in Saratov Region, was charged under Article 141.3 for meddling with the work of the local election commission. In 2018, members of the Yabloko Party in Pskov were charged under Article 141 for encouraging voters to spoil their ballots in the gubernatorial election, but the charges were dropped for lack of evidence.

Criminal Code Article 141 is peculiar it is mainly employees of the executive branch who obstruct the exercise of voting rights and the work of election commissions, but they are almost never charged with violating the law, explains Andrei Buzin, co-chair of Golos, a Russian NGO that defends voting rights and monitors elections.

“It was not considered kosher to file criminal charges, and so several years ago a similar article was inserted into the Administrative Violations Code. Several election observers were charged under this law,” he said.

Buzin argues that the situation has been turned upside down.

“The protesters were defending voting rights, so it would truer to say that it has been the election commissions that have been obstructing citizens,” he said.

“There is almost no case law for Article 141. It is hard to say who could be charged with violating the law. We have had no experience with it,” said Pavel Chikov, head of the Agora International Human Rights Group. “There was an incident in the Moscow Region. Candidates were assaulted, but we were not able to get criminal charges filed.”

Now the article was being used to punish political “crimes,” he argued.

“It is a variation of the Bolotnaya Square case of 2012, only somewhat lighter. The defendants in that case were charged with rioting,” he said.

Chikov added that we should probably expect more arrests in the wake of the searches.

Translated by the Russian Reader

“Anti-Americanism”

There are eleven Russian words in this poster for the April 29 St. Petersburg Craft Event at Art Play SPb, and twenty-one English words. Photo by the Russian Reader

Oh, how they hate the United States!

My boon companion was just chatting with a neighbor lady, a woman who has lived in our building her whole life and makes the best salt pickles I have ever tasted.

As it happens, our neighbor is friendly with a member of our municipal district council.

If you follow the news from Russia closely, you would know that the beleaguered united opposition, led by Dmitry Gudkov, made significant inroads in Moscow’s municipal district councils during the last elections to these entities. One of the people thus elected, the young, well-known liberal politician Ilya Yashin, has now announced plans to challenge the incumbent, Sergei Sobyanin, during the next Moscow mayoral election.

In reality, municipal district councils are the lowest rung on the political totem poll in Russia. They have very little power and are perpetually too underfunded to do the work they are supposed to do.

However, since Russia’s ruling party, United Russia, is power hungry and paranoid, they try and stack the lowly municipal district councils with their own members.

God knows what could happen otherwise.

The municipal district council member with whom our neighbor is friendly is one such United Russia Party placeholder.

“And she’s a real louse,” my boon companion would add.

The councilwoman recently got back from a trip to the United States. It turns out her daughter and son-in-law have lived there for a long time. They have a big, beautiful house in Silicon Valley.

The councilwoman told all this to our neighbor lady, explaining how much she had enjoyed the trip and how much she liked the United States.

“Why did she have to tell ME this?” the neighbor lady asked my boon companion, “Why couldn’t she have told someone else?”

Remember this little story the next time you see Foreign Minister Lavrov or President Putin or the Russian Ambassador to the United Nations or Russian Foreign Ministry spokeswoman Maria Zakharova huffing and puffing and blowing America’s house down.

Everything they say is meant for domestic consumption only. They don’t really hate the United States. They just need a Big Enemy to occupy the minds of the Russian people, to distract them from their own more serious crimes and misdemeanors.

The con seems to be working so far. // TRR

msmomovladimirskyokrug.jpgOur humble municipal district newspaper, as published by our municipal district council. This is the one of two spots in our municipal where I know one can read it. Maybe there are more, but otherwise the newspaper is not distributed to the municipal districts’s residents, because the less they know about our municipal district’s business, the better, I guess. Photo by the Russian Reader