The Singer Not the Song

Yakovlev
Boris Yakovlev. Screenshot from YouTube video

Pskov Region Singer-Songwriter Boris Yakovlev Charged with Calls for Extremism
Grani.ru
April 20, 2017

The FSB’s Pskov Region office has charged Boris Yakovlev, a 44-year-old resident of Dno, under Article 280.2 of the Russian Federal Criminal Code (public calls for extremism using the internet). Grani.ru was informed about the case by lawyer Dmitry Dinze, who is representing the musician.

Yakovlev is known for his original songs, which he posts on his YouTube channel.

“Yakovlev has denied his guilt and refused to testify, since the defense needs to analyze the evidence on which the charges are based,” said Dinze. “In addition, a forensic examination of the digital media seized from Yakovlev’s home has now been ordered, and in the near future, the court will order and perform a linguistic forensic examination. The forensic experts are being chosen. The defendant has been released on his own recognizance.”

Besides the recorded songs posted on YouTube, the FSB alleges that between June 20 and June 29, 2016, Yakovlev posted on his personal page on the social network Vkontakte five pieces of writing in which he outlined his ideas about the situation and events in Russia. The texts in question begin with the words “About elections,” “We have already gone over our limit on revolutions,” “Above the dwarf’s head,” “I find it curious,” and “Reading the newswire.”

On March 20, 2017, Senior Lieutenant A. Filippov, a detective in the First Branch of the Department for Protecting the Constitutional Order and Combating Terrorism in the FSB’s Pskov Region office, filed a crime report. He claimed there was evidence of a crime in Yakovlev’s published texts: public calls for extremism on the internet.

In a specially conducted study, Andrei Pominov, an associate professor in education and psychology at Bashkir State University’s Sibai Institute, wrote that Yakovlev’s texts “contain psychological and linguistic means aimed at inducing an unspecified group of persons to carry out extremist actions aimed at forcibly changing the existing state system or seizing power.”

Consequently, Captain of Justice I. Karpenkov, senior investigator in the Investigative Department of the FSB’s Pskov Region office, filed criminal charges against Yakovlev.

Boris Yakovlev, “Confession of an Enemy of the People”

On March 16, Judge Yevgeny Naydenov of Moscow’s Presna District Court fined rapper David Nuriyev (aka Ptakha) 200,000 rubles [approx. 3,300 euros] in an extremism case. Ptakha was found guilty of violating Article 282.1 of the Criminal Code  (inciting hatred or enmity toward a group of people united on the grounds that they “assisted law enforcement agencies in locating and apprehending criminals”). The “social group” in the case was the Anti-Dealer Movement, founded by Dmitry Nosov, an ex-LDPR MP and former professional judoka.

The prosecutor had asked the defendant be given a suspended sentence of one and a half years. The musician fully acknowledged his guilt and apologized to Anti-Dealer. The case was tried under a special procedure. The trial consisted of a single hearing.

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Boris Yakovlev, “I Want to Be There at the Hour”

I want to be there at the hour
When the millions of nationalist riffraff
Howl as one:
We were opposed! We knew everything!

We pretended deliberately.
You understand: work and kids.
But deep down we resisted.
We don’t want Crimea, please note.

We realized he was a murderer.
We don’t want war and death.
We really love Ukrainians.
We’re innocent, believe us!

We don’t want Lugansk and Donbass.
It’s the first we’ve heard about the “Russian world.”
Standing in line for rotten meat,
That’s what the mouse people will whisper.

I want to look in the eyes of the followers,
Those Pharisees of the mob,
In whom honor and conscience are vestiges,
And who have an ass instead of a head.

Translated by the Russian Reader. A huge thanks to Comrade Koganzon for the heads-up

The Case of Ekaterina Vologzheninova: Watch What You “Like”

Click on the Button and Get a Sentence
Latest “Extremist” Reposting Case Goes to Court
Margarita Alyokhina
October 14, 2015
Novye Izvestia

Ekaterina Vologzheninova
Ekaterina Vologzheninova

The first hearing on the merits of the criminal case against Ekaterina Vologzheninova, who has been accused of extremism for reposts she made on the social network VKontakte, will take place on October 27. In addition to distributing “inflammatory” matter (consisting, in fact, of pictures and poems, supporting Ukraine, that are freely available on the Web), the 46-year-old single mother [from Yekaterinburg] has been accused of associating with “undesirable persons,” which included activists from Memorial and International Amnesty.

Vologzheninova has been charged under Article 282.1 of the Russian Federal Criminal Code (“incitement of hatred or enmity, as well as humiliation of human dignity”). The authorities began pursuing Vologzheninova after she shared several items on VKontakte. These items, we should note, have not been included in the Federal List of Extremist Materials.

Experts from the SOVA Information and Analysis Center have commented on the case against Vologzheninova on their website.

“The poem ‘Katsaps,’ whose main idea is that Ukraine’s ethnic Russians will defend it from Russia, contains accusations that the Russian authorities have attacked Ukraine, but there are no aggressive appeals in it. As for the poster, it obviously calls on Ukrainian citizens to defend the country from occupation.”

As usual, the preliminary hearing in the case was held in closed chambers.

“The prosecutor read out the indictment. But she read it out in an interesting way, omitting the most absurd paragraphs,” Vologzheninova’s attorney Roman Kachanov told Novye Izvestia.

During the hearing, the defense moved to send the case back to the prosecutor’s office, since, according to Kachanov, the indictment did not meet the requirements of the law. It did not make clear what the charges were.

“The conclusion states that [Vologzheninova] committed acts aimed at inciting hatred and enmity on the basis of race, ethnicity, and origin. As for race and origin, we did not understand that at all. But as for ethnicity, the indictment turns on the social group ‘Russians,’ although in the items at issue, ethnic Russians, on the contrary, are assessed positively; it is argued that it is wrong to oppose Russians to Ukrainians. In one text, Russians fighting in the Armed Forces of Ukraine are mentioned proudly,” Kachanov told Novye Izvestia.

According to Kachanov, the indictment accuses Vologzheninova of inciting hatred toward the social group “Moscow occupier” [sic]. It also features the phrase “ethnic hatred and enmity toward the public authorities.”

Earlier, during the investigation, Vologzheninova had also been reproached for associating with “undesirable persons,” human rights activists from Memorial and Amnesty International.

“Formally, such charges were not brought against her, because there is no such crime. At the very end of the investigation, however, [Vologzheninova was interrogated] by a FSB field officer by the name of Khudenkikh. And he, apparently wanting to generate a negative psychological atmosphere, accused her of having dealings with Memorial, which is a ‘foreign agent,’ and with Open Russia, which is funded from the west,” Kachanov told Novye Izvestia.

According to him, on the eve of the court hearing, it transpired that Vologzheninova’s bankcard had been blocked.

“The situation is this. By law, if a person is suspected of extremist or terrorist activities, his or her name is put on Rosfinmonitoring’s black list. A court sentence is not needed for this. But it does not always happen this way. I know people convicted of extremist crimes who have continue to have use of their bank accounts,” the lawyer explained.

According to him, a person who goes on the Rosfinmonitoring list stays there practically in perpetuity. For example, the slain terrorists Shamil Basayev and Salman Raduyev are still on it. And since the list is openly accessible, for “extremists” like Vologzheninova it is an additional humiliation. As Novye Izvestia ascertained, Ekaterina Vologzheninova is indeed listed among terrorists and extremists on Rosfinmonitoring’s website.

Svetlana Mochalova, a linguist with the FSB’s crime lab in Sverdlovsk Region, performed the forensic examination in the case. As Novye Izvestia reported earlier, a whole string of verdicts in controversial “extremism” cases in the Urals have been based on her findings. Among them is the verdict in the case of Pervouralsk resident Elvira Sultanakhmetova, who was sentenced to 120 hours of community service for calling on Muslims not to celebrate New Year’s because it was, in her opinion, a pagan holiday. Mochalova identified “incitement of hatred and enmity towards persons who do not celebrate New Year’s, whose customs and festivals are manifestations of a lack of faith” [sic] in what Sultanakhmetova had written. In 2010, Mochalova found “statements calling for social strife and the violent overthrow of the Russian Federation’s constitutional order an integrity” in the article “Patriotism as a Diagnosis,” written by the attorney Stanislav Markelov, who had been murdered [by Russian neo-Nazis] a year earlier. The article was examined as part of the proceedings against civic activist and Tyumen State University lecturer Andrei Kutuzov. He was prosecuted for, allegedly, handing out leaflets calling for an end to political crackdowns. According to Mochalova, these leaflets incited hatred against the authorities and aroused social discord. Mochalova refused to reveal her examination procedure to the court on that occasion, claiming that it was marked “for official use only.”

In July, teacher Alexander Byvshev, who had posted a pro-Ukrainian poem on a social network (unlike Vologzheninova Byvshev had written the poem himself), was sentenced to 300 hours of community service in the Oryol Region. Sentences for “likes” and reposts have practically become the norm this year. Thus, on September 28, Chelyabinsk blogger Konstantin Zharinov, who had reposted material from the banned Right Sector, was found guilty and immediately pardoned. On September 15, Krasnodar activist Sergei Titarenko was fined 100,000 rubles [approx. 1,400 euros] for reposting a political post. On September 17, the Lenin District Court in Cheboksary sentenced Parnas opposition party activist Dmitry Semyonov [and immediately pardoned] for reposting a caricature of Dmitry Medvedev.

Translated by the Russian Reader. Photo courtesy of Radio Svoboda

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A Currenttime.tv report about the criminal case at Yekaterinburg resident Ekaterina Vologzheninova, accused under Article 282 of the Russian Federal Criminal Code of inciting ethnic hatred and enmity against the Russian public authorities, residents of Southeast Ukraine who do not support modern Ukraine’s political course, volunteers from Russia fighting on the side of the Donetsk People’s Republic, and other absurd things. Posted on October 17, 2015. Thanks to Sergey Chernov for the heads-up