Five Crimean Tatars Sentenced to as Long as 17 Years in Prison in Rostov-on-Don

800px-Flag_of_the_Crimean_Tatar_people.svgThe Crimean Tatar national flag. Courtesy of Wikipedia

Five Crimean Tatars Sentenced to as Many as 17 Years in Prison in Rostov-on-Don
Anton Naumlyuk
Radio Svoboda
June 18, 2019

The North Caucasus Military Court in Rostov-on-Don has rendered a verdict in the Simferopol Hizb ut-Tahrir trial.

Five Crimean Tatars were detained after searches of their homes in October 2016. They were charged with involvement in Hizb ut-Tahrir, an organization that has been banned in Russia. One of the five defendants, Teimur Abdullayev, was also charged with organizing cells for the organization in Simferopol.

During closing arguments, the prosecution has asked the court to sentence the defendants to between 11 and 17 years in prison. However, except for Abdullayev, who was sentenced to 17 years in a maximum-security prison camp, the other four defendants were given longer sentences than the prosecutor had requested. Uzeir Abdullayev was sentenced to 13 years in prison. Emil Jemandenov and Ayder Saledinov were sentenced to 12 years in prison, while Rustem Ismailov was sentenced to 14 years in prison.

The convicted men had pleaded innocent to the charges. Their defense team plans to appeal the verdict.

“We are not terrorists. We have not committed any crimes,” Uzeir Abdullayev said in his closing statement. “I would also like to say that the criminal case [against us] was a frame-up, a fabrication. The secret witness alone was proof of that—and he was proof of our innocence. […] I thus want to show that human rights are violated in Russia and you violate your own Constitution.”

Nearly 70 individuals have been arrested in Crimea, occupied by Russia since 2014, as part of the criminal investigation into Hizb ut-Tahrir, an organization that is not illegal in Ukraine and most European countries. Most of the suspects and defendants in the case, include the Crimean Muslims convicted today, have been declared political prisoners by the International Memorial Society, an alliance of human rights organizations headquartered in Moscow.

Translated by the Russian Reader

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Beat the Crimean Tatars, Save Russia!

simferopolThe defendants in the Simferopol Hizb ut-Tahrir trial in Rostov-on-Don. Photo courtesy of Crimean Solidarity and Krym.Realii

Numerous Searches Underway in Crimean Tatar Homes in Connection with “Terrorism” Case, Several Men Detained
OVD Info
June 10, 2019

Police have been carrying out numerous searches in the homes of Crimean Tatars in several Crimea towns and villages. One man has been charged with organizing a terrorist organization or involvement in one. This news was reported on the Facebook page of Crimean Solidarity activist Luftiye Zudiyeva and the movement’s official Facebook page.

It is known that four people have been detained. Eldar Kantimirov was taken from the village of Zarechnoye in an unknown direction. According to activists, he was charged with organizing a terrorist organization or involvement in one (Russian Criminal Code Article 205.2). The particulars of the case, like Kantimirov’s whereabouts and his official status in the case, are still unknown. They may have to do with the religious organization Hizb ut-Tahrir, which has been declared a terrorist organization in Russia.

Riza Omerov, who lives in Belogorsk, was taken to FSB headquarters. His sister is married to Rustem Ismailov, a defendant in the Simferopol Hizb ut-Tahrir trial. Omerov has three children. His wife, who is seven months pregnant, has now gone into premature labor.

Ayder Jepparov was detained in the village of Zuya in the Belogorsk District. He was also taken to FSB headquarters.

Eskender Suleymanov was detained in Stroganovka, a village in the Simferopol District. He is the brother of Ruslan Suleymanov, a defendant in the Hizb ut-Tahrir trial. The activist was taken to FSB headquarters in Simferopol.

The homes of Ruslan Mesutov, in the village of Maly Mayak, and Lenur Halilov, chair of the religious community in the village of Izobilnoye, both located in the Alushta District, were also searched.

UPDATE. Ruslan Mesutov has been detained. Like Eldar Kantimirov, he has been accused of involvement in a terrorist organization (Russian Criminal Code Article 205.5 Part 2).

Lenur Halilov has been accused of organizing terrorist activities (Russian Criminal Code 205.5 Part 1).

Ayder Jepparov, Riza Omerov, and Eskender Suleymanov remain in police custody. It is still not known whether they have been charged as part of the criminal case.

A search has also been underway in the home of Enver Omerov, Riza Omerov’s father. FSB officers stopped his car and detained him during the night. OVD Info has been unable to ascertain whether the security forces have released him.

FSB investigator Sergei Makhnev, who has been involved in the case of the second Simferopol Hizb ut-Tahrir group, led the search. Makhnev has already stated Suleymanov’s case would be incorporated into this case.

UPDATE 2. Crimean Solidarity has reported that Riza Omerov, Enver Omerov, Ayder Jepparov, and Eskender Suleymanov were remanded in custody until August 5.

Russia has declared Hizb ut-Tahrir a terrorist organization. Its members have been charged and sentenced to long terms in prison only for gathering at people’s homes, reading religious books, and recruiting new members.

According to numerous experts, Hizb ut-Tahrir was wrongly declared a terrorist organization since its members in Russia have never advocated violence or been involved in terrorist attacks.

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Rostov: Prosecutors Ask Court to Sentence Simferopol Hizb ut-Tahrir Trial Defendants to 17 Years in Prison
Krym.Realii
June 10, 2019

Our correspondent reports the prosecution in the first Simferopol Hizb Ut-Tahrir trial has asked the North Caucasus Military District Court in Rostov-on-Don to sentence the defendants to long terms in prison camps.

The prosecutor asked that Teimur Abdullayev be sentenced to 17 years, Rustem Ismailov, to 13 years, Uzeir Abdullayev and Ayder Saledinov, to 12 years, and Emil Jemadenov, to 12 years.

On October 12, 2016, five homes in Crimea were searched by police and security services. Consequently, the five men currently on trial in Rostov-on-Don were detained and charged with involvement in Hizb ut-Tahrir, an organization that was banned in Russia and Crimea, which Russia occupied in 2014.

On December 6, 2018, it transpired the five men had been transferred to a remand prison in the Russian city of Rostov-on-Don.

On February 19, 2019, a secret witness was interrogated during a hearing of the Simferopol Hizb ut-Tahrir case by the North Caucasus Military Court in Rostov-on-Don.

Hizb ut-Tahrir, an international Islamic political organization, says its mission is to unite all Muslim countries in an Islamic caliphate, but it rejects terrorism as a means of attaining their goal. They claim they have been unjustly persecuted in Russia and Crimea, which was occupied by Russia in 2014.

The Russian Supreme Court banned Hizb ut-Tahrir in 2003, placing it on a list of organizations deemed “terrorist.”

Defenders of the Crimeans convicted and arrested in the Hizb ut-Tahrir case argue they have been persecuted on religious grounds. Lawyers note that, while it has mainly been Crimean Tatars who have been persecuted by Russian law enforcement as part of the case, Ukrainian, Russians, Tajiks, Azeris, and non-Tatar Crimeans who practice Islam have also been persecuted.

International law forbids an occupying power from enforcing its own laws in occupied territory.

Translated by the Russian Reader

Vocalese (The Network Trials)

DSCN0045Viktor Filinkov (left) and Yuli Boyarshinov (right) in the dock at the Network trial in Petersburg, discussing matters with their defense lawyers. Photo courtesy of Zaks.ru

Petersburg Defendants in Network Case Remanded in Custody till September 11
Zaks.ru
June 4, 2019

On Tuesday, June 4, a panel of judges from the Moscow Military District Court, presiding at a circuit hearing in Petersburg, extended the remand in custody of anarchists Viktor Filinkov and Yuli Boyarshinov, defendants in the trial of the so-called Network terrorist community, until September 11.

The defendants’ previous remand in custody would have expired on June 11. The prosecution insisted it be extended. The defendants asked to release them on house arrest. Filinkov and Boyarshinov have been imprisoned for nearly a year and a half.

Earlier in the hearing, the court granted a motion, made by Filinkov’s defense counsel, Vitaly Cherkasov, to order a phonoscopic forensic examination of an audio recording in the case files containing, allegedly, a conversation between the Petersburg defendants.

As part of the forensic examination, FSB Captain Maxim Volkov recorded their voices in the courtroom. They were told to say anything they liked in the microphone.

Filinkov spoke for around eleven minutes about what happened during the early days after he was detained by the FSB, including  the electrical shock torture to which he had previously accused the FSB officers who detained him of subjecting him.

Boyarshinov recounted the time he had spent in remand prison, his loved ones, and his passion for traveling.

The trials of the Network defendants have been taking place simultaneously in Petersburg and Penza.

There are nine defendants in the dock. They have been charged with establishing a terrorist organization that, allegedly, wanted to carry out terrorist attacks against officials and security services officers. They also, allegedly, planned to overthrow the government.

On the contrary, the defendants claim they practiced airsoft together and discussed anarchist ideas, but had no plans to commit any crimes whatsoever.

Translated by the Russian Reader

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They took a dynamo out of a bag and put it on the table. All the agents were wearing balaclavas and medical gloves.

They strapped my hands behind my back, I was only in my underpants, they strapped my legs to the bench with tape. One agent, Alexander, stripped the wires with a craft knife and attached them to my toes. They didn’t ask any questions, they simply started cranking the dynamo.

I felt electric currents in my legs up to the knees. It feels like you are being skinned alive, but when it stops, it’s as if nothing happened at all. There’s no pain when the electricity stops.

Well, it’s impossible to endure this. They hit me [with electric shocks] maybe about five times without asking any questions, probably, to stun me or something like that. Then they told me: if you haven’t figured it out, you are in the hands of the FSB, we are not going to play games, you will have to answer our questions now. The answers “no”, “I don’t know”, “I don’t remember” are wrong answers.

Excerpt from Network defendant Dmitry Pchelintsev’s testimony at the Penza Network trial, as published by People and Nature on June 4, 2019. Read the rest of Pchelintsev’s nearly unbearable story there.

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

Network Trial Begins in Petersburg

filinkov and boyarshinov-komm.jpgNetwork case defendants Viktor Filinkov and Yuli Boyarshinov in the cage at court yesterday. Filinkov (left) wears a sweatshirt emblazoned with the slogan, “Your taser can’t kill our ideas.” Photo by Alexander Koryakov. Courtesy of Kommersant

The Defendants Were Assigned Roles: Network Trial Gets Underway in Petersburg
Anna Pushkarskaya
Kommersant
April 9, 2019

The court trial in the case of the “anarchist terrorist community” Network got underway in St. Petersburg. Viktor Filinkov, a 24-year-old programmer, and Yuli Boyarshinov, a 27-year-old industrial climber, have been charged with involvement in Network. Federation Council member Lyudmila Narusova, who attended the hearing, pointed out the “ability to throw grenades,” which the prosecution included in the evidence against the defendants, was taught officially to members of the patriotic youth movement Yunarmiya.

“This case has nothing to do with the rule of law,” Narusova noted.

Filinkov and Boyarshinov’s case is being tried in St. Petersburg by the Moscow District Military Court. In January, the same court sentenced Igor Shishkin, who made a deal with case investigators, to three and a half years in prison. Subsequently, the FSB placed Network on the Russian federal list of banned organizations.

The courtroom could not accommodate everyone who wanted to attended the trial. Narusova and ex-State Duma member and civil rights activist Yuli Rybakov were in the gallery.

The defendants were applauded by the gallery as armed guards led them into the courtroom.

During the investigation, Filinkov and three young men in Penza also charged in the case publicly stated they had been tortured with electrical shocks. Boyarshinov claimed conditions in the remand prison were tantamount to torture. Both men have filed complaints with the European Court of Human Rights (ECHR) in Strasbourg.

Lawyer Vitaly Cherkasov motioned the court to let his defendant, Filinkov, sit beside him during the hearing, rather than in the cage, since he had no criminal record or history of conflicts with the law.

The presence in the courtroom of riot police, regular police, and court bailiffs, as well as Cherkasov’s mention of international norms, how things were done at the EHCR, and Prime Minister Dmitry Medvedev’s order to his underlings to explore options for banning the use of the cage in Russian courtrooms made no impression on the court. Both defendants were kept in the cage for the entire hearing.

According to the indictment, the so-called anarchist terrorist community was established no later than May 2015 by Dmitry Pchelintsev (who was arrested in Penza) and an unidentified person. They recruited the seven defendants in the case who have been investigated by the FSB’s Penza office. After cementing the group, they are alleged to have “assigned roles among themselves and explored ways of committing crimes” in order to overthrow the regime. According to the prosecution, to accomplish this objective, they planned on “establishing combat groups and recruiting individuals who shared their anarchist ideology.”

The FSB’s Petersburg office has claimed the defendants were among these recruits. Filinkov has been accused of volunteering to be the group’s “radioman,” while Boyarshinov was, allegedly, their “sapper.”

After the indictment had been read, Judge Roman Muranov asked the defendants whether they understood it.

“No,” Filinkov replied.

The prosecution claims Filinkov promised to “familiarize himself with the community’s charter, employ a pseudonym, data encryption software,  and conspiratorial methods, and acquire and improve [his] combat skills.”

In addition, Filinkov was supposed to have “supplied members with communications devices,” taught them encryption, “recruited other individuals, discussed and planned crimes during meetings, attended classes on tactics, reconnaissance, sabotage, and combat, and the use of weapons and explosive devices, and acquired the knowledge necessary in extreme circumstances and combat conditions.”

“When the time came to shift to active operations for accomplishing the objective part of the crimes [sic],” Filinkov, allegedly, agreed to “mobilize and be ready to achieve the terrorist community’s objectives.”

“I don’t understand the source of these letters, nor how the indictment could be a fiction, rather than something emerging from the evidence,” said Filinkov.

After hearing similar charges made against him, Boyarshinkov said he admitted his guilt and was willing to testify before the examination of evidence.

After the hearing, MP Narusova said the incidents of combat training, as described in the indictment, had nothing to do with the law.

“The Yunarmiya officially engages in combat training under the patronage of Defense Minister Sergei Shoigu. Children are taught to throw grenades, and they learn combat tactics. Ask Shoigu why the entire Yunarmiya is busy learning combat skills?” Narusova wondered.

“A fellow Federation Council member recently said children should be able to throw grenades,” Narusova continued.

She referred to a recent statement by Federation Council member Viktor Bondarev, who had proposed reinstating basic combat training in Russian schools. He claimed to be outraged children did not know how to throw grenades and were afraid of machine guns.

Ms. Narusova said she was drafting a law bill that would criminalize torture. She also said planned to get to the bottom of the Network case.

“This case has nothing to do with the rule of law,” Narusova noted.

In their testimony, the defendants insisted they were learning the alleged skills as a matter of self-defense, given the numbers of antifascists murdered in different parts of Russia in recent years.

In particular, Filinkov mentioned the murders of Timur Kacharava, Stanislav Markelov, and Anastasia Baburova. He reported that, during his studies at Omsk University, he and his friends had been attacked by “right-wing radicals, neo-Nazis, and fascists,” including provocateurs who, he alleged, had ties with law enforcement agencies.

According to Filinkov, the assailants in these clashes had been armed with “blades and stun guns.”

After the investigation was completed, the headmaster of the school Filinkov attended submitted a glowing letter of recommendation. The letter claims the defendant had always shown respect for the law, and was friendly, conscientious, and responsible. He had been an excellent student and won a prize at an academic astronomy competition at Baikonur.

Kommersant will be following the trial’s progress.

Translated by the Russian Reader

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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.

Only a 100% Conviction Rate Would Do, But We’ll Settle for 99.49%

bogatry

Bastrykin: Low Number of Acquittals Shows Quality of Investigative Committee’s Work
Mediazona
March 1, 2019

Alexander Bastrykin, head of the Russian Investigative Committee, explained the low percentage of acquittals in cases handles by his agency’s officers as the outcome of their consistent, high-quality work, reports TASS.

“In 2018, 516 people were acquitted out of the thousands of criminal cases submitted to the courts [by the Investigative Committee.] This amounts to .51% of the number of cases investigated. In 2017, [the Investigative Committee] submitted 128,000 criminal cases to the courts. There were acquittals in 534 of them, which amounts to .42%,” Bastrykin said at a staff meeting to discuss the Investigative Committee’s work over the past year.

[Bastrykin] added that, in the European countries, every fifth verdict was an acquittal.

“The figures in Europe are stable: a 20% acquittal rate. And they’re proud of those results,” Bastrykin noted.

Photo and translation by the Russian Reader

Contempt for Russia’s Kangaroo Courts May Soon Be Criminalized

kangaroo

Imposing Punishment for Belittling the Judiciary Proposed in Russia
Znak.com
February 28, 2019

Viktor Momotov, head of the Russian Federal Council of Judges, has said criminal punishments for “holding the justice system in contempt” should be introduced in Russia. He meant instances when public opinion was manipulated or the judiciary’s authority was belittled in order to exert pressure on courts.

“Obviously, there is a need to submit to public discussion the issue of criminal penalties for holding the justice system in contempt. We are ready to join this discussion, including in connection with the legislation, currently under consideration, that would criminalize contempt for government institutions,” Momotov said, according to Interfax.

Mamotov recalled that, in the Anglo-Saxon legal system, contempt of court [skandalizatsiya pravosudiya] referred to any action or published information meant to belittle a judge’s authority or affect his decision.

A striking example of this would be “indiscriminate and baseless criticism that undermined public confidence in the administration of justice,” Mamotov said.

In Europe, people who commit such violations are fined and even face prison terms.

According to Momotov, there are currently no such penalties in Russia, and so judges were “basically defenseless in the face of the lies spread by unscrupulous media.”

Thanks to the Angry Defender for the heads-up. Image courtesy of Owlcation.com. Translated by the Russian Reader