Varya Mikhaylova: After the Protest Rally

varyaVarya Mikhaylova and her defendants. Photo courtesy of Ms. Mikhaylova’s Facebook page

Varya Mikhaylova
Facebook
September 10, 2018

Yesterday, after the protest rally, for several hours I made the rounds of different police precincts where detainees had been taken: Lenin Square, Prospekt Bolshevikov, Rybatskoye, and General Khrulov Street. It was night when I got home.

Today, I defended people who were involved in the rally and people who weren’t involved in the rally at the Primorsky District Court. I have just left the court building.

Total legal nihilism prevailed in the court. People were tried not individually, but in bunches. The judge said outright to the defendants that if they refrained from making any appeals she would go easier on them. Many defendants were not allowed to go to the bathroom all day. A police officer ate the food intended for the detainees from the 25th Police Precinct. Most of my defendants were convicted and sent off to jail for four to seven days.

But there were a number of important victories.

  1. I managed to get one defendant’s charge changed from Article 20.2 Part 8 of the Administrative Offenses Code (“repeated violation”) to Article 20.2 Part 6.1 (“involvement in an unauthorized assembly, rally, demonstration,  march or picket”). We were able to convinced the judge there were was nothing in the case file proving the repeated violation charge. Instead of fifteen to thirty days in jail or a fine of 150,000 to 300,000 rubles, he was sentenced to five days in jail.
  2. The case of another defendant was completely dismissed. However, since I was removed from the hearing, it was hardly my doing. But the defendant thinks it was crucial I told him to tell the judge about his chronic illness.
  3. The judge wrote in the sentence she handed down to ten guys that the length of their jail terms took effect today, not yesterday, when they were detained, but I convinced her to correct this mistake, and consequently they got back one day of freedom lawfully owed to them.

It went something like that. I wish all of you would go to the court hearings the day after a big protest rally at least once. Your world would never be the same again.

And the detainees are all amazing.

Translated by the Russian Reader

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“Young People Gathered to Voice a Silent Reproach”: Dmitry Borisov’s Closing Statement in Court

“Young People Gathered to Voice a Silent Reproach”: Dmitry Borisov’s Closing Statement in Court
OVD Info
February 21, 2018

Dmitry Borisov. Photo by Irina Yatsenko. Courtesy of OVD Info

Moscow’s Tverskoy District Court is scheduled to pass sentence on Dmitry Borisov at twelve noon on February 22. Borisov is a defendant in the so-called March 26 Case, involving various “forceful actions,” allegedly taken by protesters against policemen and Russian National Guardsmen on Pushkin Square during a March 26, 2017, rally inspired by Don’t Call Him Dimon, a video exposé posted on YouTube on March 2, 2017, by anti-corruption activist and would-be presidential candidate Alexei Navalny. The video accused Russian prime minister and former president Dmitry Medvedev of wide-ranging corruption. The prosecution has asked the judge to sentence Borisov to three years in prison.

The court heard the defense’s and prosecution’s closing arguments, as well as Borisov’s closing statement on February 20. According to our count, forty-six people came to the hearing to support Borisov, many of them wearing t-shirts emblazoned with his picture. Prosecutor Larisa Sergunyayeva rattled off her closing argument, a printed text that she read out to the court. During her speech, activist Ildar Dadin called her a few rude names. Dadin was removed from the courtroom, but Sergunyayeva did not slow down her rapid-fire delivery.

According to Sergunyayeva, the testimony given by policemen was believable, while the testimony of protesters could not be trusted because they had a stake in the case’s outcome. Borisov’s malicious intent was allegedly proven by the discovery of a chat session on Telegram chat on his elephone in which he had written about planning to go to the rally with friends. Many positive character references were made on Borisov’s behalf, and he had no criminal record, but if the prosecutor has her way, he will spend three years behind bars for violating Article 318 Part 1 of the Russian Criminal Code, which stipulates a maximum punishment of five years in prison.*

Borisov’s attorneys, Ilya Novikov and Nikolai Fomin, spoke for about an hour and a half. They explained Borisov had been standing calmly at the rally when, for no apparent reason, police seized his friend and dragged him to the paddy wagon. Borisov grabbed his friend. The police knocked Borisov to the ground and beat him. Four of them dragged him to the paddy wagon. The lawyers explained the prosecution’s claim Borisov had wrested a leg free from one of the policemen carrying him and kicked him in the helmet was untenable, since the policeman who had testified he had seen this was located somewhere where he could not have seen the incident. They also argued the policemen who were witnesses in the case had perjured themselves when discussing the administrative charges also filed in connection with the events of March 26, 2017. They argued that if Borisov really had kicked the policeman’s helmet, he probably would have broken his visor, because Moscow police are currently outfitted with extremely poor-quality helmets. Finally, the defense pointed out the alleged victim did not immediately file charges. He did so two months later, apparently under pressure from Investigative Committee detectives Alexander Uranov and Rustam Gabdulin, notorious for their involvement in the Bolotnaya Square case. They handled the investigation of the March 26, 2017, case in exactly the same manner.

The defense attorneys predicted the court would hand down the worst sentence possible.

OVD Info has published Dmitry Borisov’s closing statement in court, below. The transcript may contain a few mistakes, because the accused spoke softly.

Dmitry Borisov: Closing Statement in Court
Your honor, the lawyers spoke very professionally, for which I am quite grateful. I did not use violence against police officers, nor did I intend to do so, because, at very least, it would have been senseless to do so. I had been captured by four policemen and was in a vertical position. All I could see was the sky.

I honestly do not understand why for nine months running I have been traveling to interrogations and court hearings not from home, but in trucks in which fifteen people sit in a three meter square cage. After sitting in this cage for seven hours, they faint and have to urinate in bottles, because the truck is parked in the garage of the Moscow City Court.

I also do not understand why I have spent many hours in the so-called assembly cells at the remand prison, that is, halfway between my cell and the trip to court. These cells are sixteen meters square, and fifty men, all of them smoking, are crammed into them. That is more than three persons per square meter. Try and imagine three men smoking in a one square meter space. Try and imagine how they feel. These cells are so filthy many people would not believe such a thing was possible in the capital of our mighty country. I do not want that to sound too sarcastic. I love my country, and that is a partial explanation of why I was in Pushkin Square on March 26. There are people who say you can judge a city by the cleanliness of its toilets. If you saw the toilet in the assembly cell you would think you were in a village on the outskirts of a godforsaken banana republic.

As for the cells in Butyrka Prison, they are scruffy, filthy dungeons with a view, for example, of an unimaginably dirty brick wall. That is the view in my cell. There is no heat. We have a single radiator in our cell, but it does not work. The ventilation consists of nine tiny holes, although the cell houses twenty-eight smokers.

My lawyers have spoken about how the case was politically motivated from the get-go. The actions of the investigators and their assistants were aimed from the very outset at proving my guilt. Although Ilya Novikov has spoken about it, I would like to mention the photograph of eight defendants in the Bolotnaya Square case that proudly hangs above Investigator Uranov’s desk, with the sentences they received written below each defendant in increasing order. If I am not mistaken, the longest sentence was four years. Apparently, Mr. Uranov is especially proud of this picture. I personally witnessed him getting on the internet and searching for news about how he had apprehended “enemies of the people.” He was upset when he discovered his name spelled incorrectly in one article. I cannot remember whether his first name is Alexei or Alexander, but it was written incorrectly in the internet. He was quite adamant on this point.

As for the case itself, my guilt consists only in the fact I tried to prevent my friend from being abducted. In the opinion of some people, he was in the wrong place at the wrong time on March 26 in Pushkin Square. I am convinced it is wrong to grab people in the center of our country’s capital as if they were animals and drag them to a paddy wagon without identifying yourself and explaining the charges, even if you are wearing a security services uniform.

And that day more than a thousand people were detained.

They were detained not for holding an unauthorized rally, but for making a silent reproach. It took me a long time to find the right word to express what happened there. Young people gathered there to voice a silent reproach, to force the authorities to think a little.

We did not gather to engage in bloody revolution, but to remind the authorities it is worth giving things some thought. Otherwise, their actions really will lead to hungry bloody riots. Therefore, I ask you to exonerate me. I am not guilty of anything. I have been in jail for nearly eight and a half months for no reason at all.

*Use of violence that does not endanger human life or health, or threats to use violence against a representative of the authorit[ies], or his relatives, in connection with the discharge [of] his official duties, shall be punishable by a fine in the amount of 200 to 500 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of two to five months, or by arrest for a term of three to six months, or by deprivation of liberty for a term of up to five years.” Source: The Criminal Code of the Russian Federation

••••••••••

OVD Info reported that on February 22, 2018, the Tverskoy District Court found Dmitry Borisov guilty as charged and sentenced him to one year in a medium-security penal colony.

Translated by the Russian Reader

Petersburg’s Kangaroo Courts

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Court bailiff posting a notice outside courthouse in downtown Petersburg. Courtesy of Novaya Gazeta

Petersburg Observers
Facebook
June 20, 2017

On June 13 and 14, 2017, emergency courts, expressly forbidden by the Russian Constitution, were set in motion in St. Petersburg.

What were the peculiarities of the court hearings that took place on June 13–14, 2017, in St. Petersburg?

The unprecedented scale. On June 13 and 14, 2017, 943 administrative cases were heard by 123 judges in sixteen of St. Petersburg’s twenty-two district courts. The defendants had been charged with violating Article 19.3, Part 1 (“Disobeying the lawful order or demand of a policeman, military serviceman, penal system officer or Russian National Guard member in connection with the performance of their duties to protect public order and ensure public safety, as well as obstructing the performance of their official duties”) and Article 20.2, Part 5 (“Violation, by a participant of a public event, of the established procedure for holding a meeting, rally, demonstration, procession or picket”) of the Russian Federal Administrative Offenses Code (KoAP). The overwhelming majority of those detained on the Field of Mars on June 12, 2017, were simultaneously charged with both offenses, regardless of the circumstances of their arrests.

The unprecedented speed with which cases were heard: zero minutes (eleven district courts), one minute (seven district courts),  etc.

The unprecedented numbers of cases heard by individual courts in a single twenty-four-hour period: 95 (Kalinin District Court), 106 (Krasnoye Selo District Court), 110 (Frunze District Court).

Violation of territorial jurisdiction. All the administrative cases should have been heard by the Dzerzhinsky District Court, in whose jurisdiction the Field of Mars is located. At the request of the persons charged with administrative offenses, their cases could also have been transferred to the courts in the districts where they are registered as residebts. In the event, the detainees were bused from police precincts to sixteen district courts. Their cases were assigned to judges regardless of territorial jurisdiction.

Violation of the right to a defense. No more than a quarter of the defendants enjoyed the services of a lawyer or public defender. Some judges rejected appeals for adjournment so that defendants would be able to secure defense counsel. Some judges gave defendants a ridiculously short amount of time to secure defense counsel. Defense attorneys and public defenders were physically unable to get into the majority of the courthouses, especially after six o’clock in the evening.

Violation of the right to a public trial. Information about the court hearings on June 13–14, 2017, was posted on the courts’ official websites only several days after the hearings themselves.  People who might have wanted to attend the hearings had no way of finding out what cases were being heard, nor when or where they were being heard. Judges’ rulings have not been published in full. Currently, only 26 of the 943 rulings, which have already taken force, have been published on the courts’ websites.

Violation of the principle of adversarial proceedings. There were no prosecutors or police officers present at any of the hearings, and the judges essentially acted as prosecutors.

Night courts are forbidden. But even on official court websites the starting times of hearings are listed well past midnight, e.g., 12:23 a.m. (Krasnoye Selo District Court), 12:45 a.m. (Kalinin District Court), 5:00 a.m. (Kolpino District Court), 5:20 a.m. (Frunze District Court).

Despite the violations, listed above, the St. Petersburg City Court has rejected all appeals filed, moreover, in the very same fashion as the district courts. This means the people who organized and launched the conveyor belt of emergency justice in St. Petersburg have direct control not only of the police and the Russian National Guard but also the of district and city courts.

P.S. The mass trials that occurred on June 13–14, 2017, in St. Petersburg, differed from extreme justice only in the sense that they were executed by regular judicial entities, rather than by specially instituted extraordinary courts with distinct powers.

Translated by the Russian Reader

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Are you wondering how you might react to this nastiness, especially if you live far from Petersburg? Here’s one simple suggestion. FIFA’s Confederations Cup is currently underway at four venues in Russia (Kazan, Moscow, Sochi, and St. Petersburg). Take a gander at the match schedule and the list of corporate sponsors (which includes Adidas, Coca-Cola, Visa, McDonalds, and Bud). Give them a call or send them an email saying that, because of the way the Russian leadership treats its own people when it comes to the freedoms of speech and assembly, and the right to a fair trial, you won’t be buying their products anymore, since they make common cause with flagrant tyrants.

You can also get in touch with the TV channels broadcasting the Confederations Cup matches in your city or country and tell them you won’t be watching the matches and why you won’t be watching them.

These are simple ways to show your solidarity with the six hundred and sixty some people who were arrested on Petersburg’s Field of Mars for no good reason on Russia Day, a national holiday celebrating the country’s independence from the Sovet Union, and then put through the kangaroo courts, as described above and elsewhere.

These are also effective ways of showing the Russian leadership, who set great store by their power to win bids to host major global sporting events like the Winter Olympics and the Football World Cup that we are not impressed by their prowess, especially when our Russian sisters and brothers live in conditions of such rampant unfreedom and poverty. TRR