Valery Brinikh: The District Council Has Left for the Front

"The district committee is closed. Everyone has gone to the front." Image courtesy of Valery Brinikh
“The district committee is closed. Everyone has left for the front.” Image courtesy of Valery Brinikh

Valery Brinikh
Facebook
July 5, 2016

Hello!

Yesterday, the latest hearing in my court case took place. It began at 2:15 p.m.

First, Judge Vitaly Galagan read out the findings of the forensic handwriting analysis of signatures made, allegedly, by Mugdin Guchetl, a prosecution witness from the village of Gabukay, who testified at the hearing before last that he had not signed the written record of the testimony he gave to the police investigator. Instead, at the investigator’s request, he had signed blank sheets of paper in the right places. As expected, the signatures were deemed authentic, although there had been the possibility the investigator had forged not only the interrogation records but also the signatures of witnesses.

The judge then returned to my deferred motion to rule the Teuchezhsky District Council an illegitimate injured party. We had requested the prosecution present written grounds for its legal position, as the prosecutors had objected to granting my motion, arguing that the Teuchezhsky District Council was a legitimate injured party.

The prosecution outdid itself, submitting in writing not only its own objections to granting the motion but also those of the so-called injured party. Surprisingly, the arguments made by district council head Khachmamuk and state prosecutors Shvetsov and Orlova were identical down to the details. Someone probably guided their hands from on high as they scribbled away. But, as the saying goes, paper cannot blush.

The point of their objections was so simple and straightforward that it was completely untethered from the case, leading the reader off into the boundless expanses of the fight against terrorism and extremism.

It transpires that “the leading role in the fighting terrorism and extremism has been assigned to the district council,” while my article “has provoked extremist sentiments in society and has had a negative impact on the work of the Teuchezhsky District Council in preventing extremism.”

Talk about the perpetrator blaming the victim, and without establishing any causal link between my article “The Silence of the Lambs” and the work of the Teuchezhsky District Council in preventing terrorism and extremism!

Attempting to demonstrate the absence of logic and common sense in the objections raised by the injured party and the prosecutors, I reminded the court that the case files contained the January 22, 2015, ruling by the Maykop City Court, which has entered into force, rejecting the Teuchezhsky District Council’s lawsuit against me, in my capacity as author of the article “The Silence of the Lambs,” by way of defending its professional reputation. I also pointed out that the article contains no criticism of the Teuchezhsky District Council’s work in general (it is not even mentioned in the article) nor, in particular, of its work in the field of extremism prevention.

In addition, the district council’s authority extends only to events that have occurred within the district itself, while the article was published on the World Wide Web. The events covered in the article (the actions of the Kievo-Zhuraki Agrobusiness hog breeding facility, the inaction of authorities at all levels in dealing with the Teuchezhsky District’s environmental problems, and my meetings with local residents) in no way touch on the Teuchezhsky District Council’s authority in combating terrorism and extremism.

After hearing all this, Judge Vitaly Galagan smiled cutely and retired to chambers at 2:50 p.m. As it turned out, he spent two and a half long hours in there. What could he have been doing all that time? It would be one thing if at least he had been consulting with smart folk on how to reasonably reject my motion. I realize it is illegal, but rehashing arguments that have nothing whatsoever to do with our case as grounds for rejecting my motion is not only illegal but also stupid. Basically, as they say in such instances, the mountain has brought forth a mouse.

According to the prosecution and Judge Galagan, who concurred with their arguments, the article “The Silence of the Lambs,” which I wrote in Maykop and published on the Internet, somehow diminished the vigilant work of the Teuchezhsky District Council in preventing extremism in the Teuchezhsky District, thus damaging the council’s professional reputation. In such cases, the saying goes, children are awfully sensitive. The district’s principle extremism preventer has been turned into a crybaby. Or, on the contrary, has the prosecution designated it the crybaby given the lack of actual injured parties?

As I listened to the prosecution’s counterarguments, I realized why our local councils take such bad care of local residents, why they take such bad care of roads, hot and cold running water, medical care and education, why everything is so bad: because our local authorities have bigger fish to fry. They have all left for the front to combat terrorism and extremism, and until they defeat the hydra of counter-revolution, the people will just have to suffer. And anyone who moans and groans and criticizes the authorities can be charged with violating Article 282 of the Russian Federal Criminal Code.

I want to give one more piece of sage advice to Russian judges. Lubricate the hinges of the doors to your chambers. Otherwise, the damn things squeak, and those of us sitting in the courtroom get all kinds of funny ideas about the secrecy of judicial deliberations being violated. Is their secrecy being violated, or is it just a draught of wind playing tricks with the door?

The next round in this exercise in umpiring is scheduled for today, July 5, at 10:00 a.m.

Translated by the Russian Reader. Read all my previous posts on Valery Brinikh’s extremism case.

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Valery Brinikh: Report from His Extremism Trial

The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016
The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016

Valery Brinikh
Facebook
June 18, 2016

Hello!

The latest hearing in my criminal case took place in Maykop from 11 a.m. to 4 p.m. on June 17 of this year. This time, the prosecution’s last two witnesses were finally questioned, albeit by a videoconference link with the Soviet District Court in Krasnodar. Vyacheslav Potapov and Vitaly Isayenko were supposed to answer questions about the operations of the website For Krasnodar, on which the article “The Silence of the Lambs” was posted.

It seemed to me that Sergei Shvetsov, senior deputy prosecutor of the Republic of Adygea, was not prepared to examine the witnesses today and the questions he asked them sounded like childish prattle. Even the judge noted this and advised the public prosecutor to concentrate. Ultimately, however, the second public prosecutor, Inessa Orlova from the Maykop City Prosecutor’s Office, took the microphone from Shvetsov and asked the witnesses specific questions.

I was personally interested in Isayenko’s responses to two sets of questions, first, about the circumstances of his interrogation on December 12, 2014. On that day, after the search [at his house], he was brought from Krasnodar to Maykop and interrogated until evening. It was night when they sent him back home to Krasnodar. As Isayenko, who suffers from Type 1 Diabetes, explained, he spent almost half a day at the Republic of Adygea Investigation Department with no food and, much more dangerously, with no insulin. They gave him only water. And yet they interrogated him intensively, trying to squeeze testimony against me and Vyacheslav Potapov, editor of the website For Krasnodar, from him. I was being interrogated in the next room, and I could hear Senior Investigator Kirill Kustov screaming at him. The stress he underwent and the long period he endured without food and insulin landed Vitaly Isayenko in the hospital the day after his return from Maykop. His diabetes flared up and he suffered from other ailments.

I was also interested in Isayenko’s comments, as a computer specialist, on certain statements in the inspection report on the computers seized at Isayenko’s house, an inspection carried out by Senior Investigator Kustov on the night of December 12, 2014. In particular, the report states that three processors were discovered in one of the computers. Isayenko explained there had been only one processor in the computer. He did not know nothing about any other processors.

In general, the witnesses said nothing new. They only confirmed what was already contained in the minutes of their interrogations.

Valery Brinink (left) and his attorney,
Valery Brinink (left) and his attorney, Andrei Sabinin. Maykop City Court, June 17, 2016

After the witnesses were examined, my attorney, Andrei Sabinin, attempted to request that Elizaveta Koltunova, a linguist from Nizhny Novgorod, be examined via videoconference, but the prosecutors objected, and Judge Vitaly Galagan did their bidding. Our request to examine the linguist by videoconferencing was rejected. According to the defense, this stance on the part of the prosecution and the court contradicts the adversarial nature of judicial proceedings and the principle of the equality of arms.

Much more unexpected and even amusing was the procedural action, which took place after lunch, of obtaining handwriting samples and a signature from prosecution witness Mugdin Mossovich Guchetl, a resident of the village of Gabukay. Everything would have been alright if the witness had simply produced his signature in silence, but instead he recalled another circumstance that I think gave the prosecutors a slight shock. Guchetl recalled that in February of last year, when Investigator A.S. Rudenko of the Investigative Department of the Republican Investigative Committee’s Teuchezsky District office took Guchetl’s written testimony, he asked him to sign blank sheets of paper, because, as Rudenko explained, allegedly, he would later type out Guchetl’s handwritten testimony on the computer, but he needed the signatures right away so he would not have to make a return trip to Adygeisk.

The investigator thus clearly violated the procedure for processing interrogation reports, a procedure strictly regulated by criminal procedural laws. At the same time, the investigator committed forgery by inserting things Guchetl did not say into the report. Today, after reading the interrogation report, which is part of the criminal case file, Guchetl categorically stated he did not say to the investigator what was written in the penultimate paragraph of his printed testimony, which reads as follows: “I want to clarify that I strongly disagree with the contents of the article entitled ‘The Silence of the Lambs,’ because I think the article has defamed my honor and dignity as an Adyghe, as well as insulting all Muslims. The article compares us to pigs and cowards, and claims we have no sense of self-esteem.”

Basically, it was for the sake of this passage that the investigator obtained Guchetl’s testimony. In fact, the investigator could have written something even rougher on Guchetl’s behalf, because he already his signatures on blank interrogation report forms.

Finally, I made a motion to rule the Teuchezhsky District Council an illegitimate injured party in my case, since it did not satisfy the grounds set out in Article 42 of the Russian Federal Criminal Procedure Code. When the prosecutors objected as usual, spouting platitudes about the proper recognition of the local authorities as an injured party, we demanded the prosecution present legal grounds for its stance. We were quite curious to find out how exactly the district council had been injured, if, as they themselves have said, the article had caused moral injury to the residents of the Teuchezhsky District.

The prosecutors drew a blank and requested a time-out until the next hearing, at which they promised to provide a written justification for their objection. That suited us just fine, as it did the judge, who postponed consideration of our motion until next time.

The next court hearing is scheduled for June 24.

Translated by the Russian Reader. Photos courtesy of Valery Brinikh. Please read my previous posts on his case.