Nadiya Savchenko: Closing Statement in Court

"Russia is dead, although it seems to be alive. But Nadiya can be saved." Demonstrator at International Women's Day rally on the Field on Mars, Petrograd, March 8, 2016. Photo by and courtesy of Sergey Chernov
“Russia is dead, although it seems to be alive. But Nadiya [Nadezhda] can be saved.” Demonstrator at International Women’s Day rally on the Field on Mars, Petrograd, March 8, 2016. Photo by and courtesy of Sergey Chernov

Nadiya Savchenko: Closing Statement in Court

I accept neither guilt, nor the verdict, nor the Russian court. In the case of a guilty verdict there will be no appeal. I want the whole democratic civilized world to realize that Russia is a third-world country, with a totalitarian regime and a petty tyrant-dictator, where human rights and international law are spat upon.

It is an absurd situation when those who abduct people subject them to torture then act as if they have a right to judge them! How can one talk about a fair trial? In Russia, there are no trials or investigations, only a farce played out by Kremlin puppets. And I find it superfluous to waste time in my life participating in it!

And so there will be no appeal, but this is what will happen: After the verdict I will continue my hunger strike for 10 more days, until the verdict comes into force, and this is regardless of the translation [of the verdict] into Ukrainian, because they can drag that out for a long time, too. In 10 days I will begin a dry hunger strike [refusing both food and water], and then Russia will have no more than 10 days to return me to Ukraine, where they abducted me! And I don’t care how they justify it! I have heard that [Ukrainian President] Petro Oleksiyovych Poroshenko is quite adept at diplomacy. I hope his diplomatic skills will suffice to reach agreement in Russia with a certain idiot; after all, he promised my mother that I would be home in time for the May holidays of 2015.

And while they are bargaining over me, my life will be draining away and Russia will return me to Ukraine in any case: it will return me, dead or alive!

Throughout these 10 days, day and night, my sister will be standing at the jail gates, and she will wait and see whether they release me or not. And if you put her in jail, my mother will come and take her place. She is 77, will you put her in jail, too? In that case my friend will take her place, and after her, Ukrainian after Ukrainian! And remember: you can’t shove everybody in here. And while my compatriots are standing there, simple, honest, and decent Russians living in nearby homes will bring them hot tea, sandwiches, and warm blankets, because each one of them understands that tomorrow their child could be in my place, in this prison of all peoples called Russia!

That is how Maidans (revolutions) start! Do you need that?! You fear it like the plague! So it is better for the Kremlin to return me to Ukraine as soon as possible, and alive!

And those in the world with democratic values ought to learn their history lessons before it’s too late and remember that there was a time when Europe was tolerant toward Hitler, and America wasn’t decisive enough, and this led to World War II. Putin is a tyrant with imperial manners and a Napoleon and Hitler complex put together. The [Russian] bear doesn’t understand human language, he understands only the language of force. Therefore, unless we become more decisive and determine the right priorities on time, we will soon have World War III.

And I, as a politician now, won’t shake Russia’s hand in the political arena. It is not right to extend a hand to someone who kept you in handcuffs and your people in chains. But every time I make a political decision, I will always think how it would affect ordinary people, both in Ukraine and Russia. Because in Russia, in spite of everything, there are many honest, kind, and decent people.

Demonstrator at International Women's Day rally on the Field on Mars, Petrograd, March 8, 2016. Photo by and courtesy of Vadim Lurie
Demonstrator at International Women’s Day rally on the Field on Mars, Petrograd, March 8, 2016. Photo by and courtesy of Vadim F. Lurie

Alexander Kolchenko and Oleg Sentsov Are Hostages

On Kolchenko and Sentsov’s Sentences
August 26, 2015
www.shiitman.ninja

179003Alexander Kolchenko and Oleg Sentsov

It is important to realize that the sentences that Kolchenko and Sentsov received are a fiction.

No one actually takes the charges against them seriously.

Even the most loyal Putinists do not take the charges seriously. What terrorism? What does the Right Sector have to do with any of this?

Kolchenko and Sentsov are hostages. Their being held in a Russian prison is an act of intimidation directed at the Crimeans who stayed home but could have fought back. Their being held in prison is an act of intimidation directed against all the people of Ukraine and those Russian citizens who could have supported them.

The trial was a fiction. The verdict is a fiction. That is why I reacted without emotion to the sentences, although I understand the shock felt by many comrades, among whom there are close friends of both Kolchenko and Sentsov. Twenty years and ten years in prison? The Russian judges could have give them sentences of forty years and twenty-five years. Or given both of them life sentences. Or given them each six months in prison, then retried the case. Or they could have not announced the verdict at all, but just laughed and made faces. Or mannequins dressed in judicial robes could have replaced the judges. Nobody would have noticed the difference.

Kolchenko and Sentsov are in prison as long as the Russian Federation is ruled by Putin’s repressive, aggressive authoritarian regime. They cannot be freed using lawyer’s tricks. They cannot be freed via “diplomatic channels.” They can be freed only by defeating Putinist Russia. Or if it “defeats” itself by choking on its own rage and madness.

And when that happens, it will not matter a whit what numbers have been written in Kolchenko and Sentsov’s sentences. It doesn’t matter what the judges whip up in Savchenko’s sentence. The release of the hostages does not depend on the actions of lawyers. It depends on politicans and military men. And, in part, on the price of petroleum.

As soon as the “Russian bear,” who has turned out to be a rabid rat, finally kicks the bucket, all the regime’s hostages will be freed.

Translated by The Russian Reader. As is nearly always the case, my opinions might not coincide entirely with those expressed by the authors whose texts I translate and post here. But it has been strange to read the angry reactions of leftist progressive Russian comrades to this particular text given the almost total lack of any visible, public solidarity with Sentsov and Kolchenko on their part.

I won’t even go into the haziness they and many other “ordinary” “apolitical” Russian citizens experience when figuring out who to blame for the whole mess in Ukraine. But this is the privilege all imperialist, metropolitan peoples enjoy: pretending not to know or understand what is being done in their name somewhere else in the world.

_________

Russia’s Sentsov–Kolchenko case “an absolutely Stalinist trial”
Halya Coynash
August 21, 2015
khpg.org

The prosecutor has demanded 23 years for Ukrainian film director Oleg Sentsov, and 12 years for civic activist Oleksandr Kolchenko in a case with no crime and where all evidence was obtained through torture. Russian human rights activist Zoya Svetova likens this to Stalinist repression, not a court trial.

Svetova has seen a huge number of trials over the last 15 years, but nothing like the “absolutely insane hearing” on Aug 19. She can’t remember a case where, with no elements of a crime, or criminal (terrorist) acts, the prosecutor should be seriously demanding 23-year and 12-year sentences. This, the fact that everybody expects the court on August 25 to convict two innocent men, and much more, she says, is reminiscent of Stalinist repressions where people were arrested for nothing.

Sentsov is charged with leading a ‘terrorist organization,’ Kolchenko of taking part in it and involvement in one specific firebomb attack on a pro-Russian organization active in helping Russia seize control of Crimea in 2014.  There is no evidence that an organization even existed, and the only specific charge against Kolchenko is one that has not previously been classified by any Russian court as ‘terrorism.’

“The prosecutor is demanding 23 and 12 years for people accused of crimes they didn’t commit. Today Sentsov and Kolchenko’s lawyers clearly demonstrated that there are no elements of a crime in this case, nor any criminal act. On August 19, 2015, I saw a totally Stalinist trial. Three judges were sitting there, a real ‘troika,’ with cold, virtually dead eyes who were listening to the prosecutor and the lawyers,” Svetova writes here.

Another of the disturbingly Stalinist features of this case has been the fixation on some demonized organization, in this case the far-right and nationalist Right Sector. Russia has constantly exaggerated this organization’s role in both Euromaidan and subsequent events in Ukraine.  There was even a Russian media attempt on the night of the Ukrainian presidential elections on May 25, 2014, to claim distortion of the election result after the Right Sector candidate gained a pitiful 0.9% of the votes. It was therefore no surprise that five days after those elections, the FSB should have claimed that it had uncovered a supposed Right Sector ‘terrorist plot.’  It has never produced any evidence at all, nor did any of the witnesses for the prosecution even demonstrate a clear understanding of what the Right Sector is, although they were all convinced it was dangerous, etc.  There is nothing to link Sentsov, the left-wing and anarchist Kolchenko or Gennady Afanasyev with the far-right organization. In court on Wednesday, the prosecutor Oleg Tkachenko changed their story, saying that Sentsov and Kolchenko are not accused of membership in Right Sector, but of having “taken on the ideology of this organization as a guide for action.” What this means remains a mystery since the court has not demonstrated any interest in seeking clarification on this subject or with respect to the numerous other discrepancies in the prosecution’s case.

At the final hearing on Wednesday, the defence demolished all of the charges against the two men, then Dmitry Dinze, Sentsov’s lawyer, read out the account given by Gennady Afanasyev of how he had been tortured to get him to testify against Sentsov.

As reported, Afanasyev and Oleksy Chirniy were arrested at the same time as Sentsov and Kolchenko.  Their ‘confessions’ and testimony are literally all that the charges against Sentsov are based on. It is therefore of critical importance that Afanasyev retracted his testimony on July 31, stating that it had been given under duress.  He then spoke for the first time to a lawyer not provided by the investigators and gave a detailed account of the torture applied immediately after his arrest, and also the pressure placed on him to repeat this testimony in court. As well as threats against him, a FSB officer who appeared at the prison warned him that his mother “could have an accident” if he didn’t cooperate.

All of this information was read to the court. The judges simply looked down and did not react in any way, and the prosecutor continued to demand 23 and 12 years.  It should be stressed that the details in Afanasyev’s account fully coincide with those given by Sentsov, and Chirniy is also known to have told the Ukrainian consul that he had been forced to ‘confess.’

Unlike the players in this modern-day show trial, the renowned Memorial Human Rights Centre has taken Afanasyev’s account seriously.  On August 19, it issued a statement recognizing Afanasyev as a political prisoner and warning of the danger he is now in. This follows a similar statement and damning assessment of the ‘trial’ of Sentsov and Kolchenko.

Sentsov’s final statement was, as all previous statements, courageous and moving. So too was Kolchenko’s, who spoke of the fact that the court had heard about the use of threats and torture by the FSB against Sentsov and Afanasyev.

“It’s interesting that people using such methods to obtain testimony have no qualms about accusing us of terrorism.”

He called the charges against them fabricated and politically motivated, and said that this trial, like those against Nadiya Savchenko, the Bolotnaya Square protester, and others are aimed at extending the life of the current regime.

“Yet throwing us in prison, this regime speeds up its end, and those people who still yesterday believed in law and order, today, watching such trials, have lost that faith. And tomorrow or the day after tomorrow, those people who are part of the 86 percent [supposedly supporting President Vladimir Putin – HC] will overturn this authoritarian regime.”

Kolchenko noted that, in the letter read out to the court, Afanasyev said that the FSB officer had told him that the day he gave testimony in court would be the most important day in his life.

“Seemingly, Afanasyev took those words to heart and interpreted them in his own way. I was very taken with this great and powerful act of his.”

Gennady Afanasyev is in danger; Oleg Sentsov and Oleksandr Kolchenko are facing long sentences on preposterous charges.  And Russia is descending into a frightening Soviet tradition in which people are tortured for ‘confessions’ with neither the prosecutor nor the judges even batting an eyelid when this is demonstrated to the world.

Please write to all three men!

The website of the Solidarity Committee with the Crimean Hostages will try to get messages to them.

solidarityua.info

In the first box, write one of the following names one at a time:

Олег Сенцов (Oleg Sentsov)

Олександр Кольченко (Oleksandr Kolchenko)

Геннадий Афанасьев  (Gennady Afanasyev)

Then in the next box, write your name.

The next box asks for a telephone number if you wish to give it. An email address is, however, needed (the fourth box).

Finally, in the fifth box, write your message.

The key aim is to ensure that all three men know that they are not forgotten. The following would be quite sufficient (if you do write in Russian, please avoid anything controversial or overly political).

Мы восхищаемся Вашим мужеством и надеемся на Ваше скорое освобождение.

Спасибо, что нашли в себе силы остаться честным с самим собой.

Держитесь!

(We admire your courage and hope for your speedy release. Thank you for finding the strength to remain true to yourself. The last word is a word of support, like “take care!”)

The question under the last box asks whether you are on social networks: yes, no, in that order (or leave it blank)

Then hit SEND.

Thanks to Comrade SP for the heads-up. I have lightly edited the text to make it more readable.

Alexander Kolchenko: Closing Statement in Court

“By throwing us in prison, the regime is hastening its end”
Closing statement by anarchist Alexander Kolchenko, accused of terrorism
August 19, 2015
kasparov.ru

I deny the charges of terrorism. This criminal case was fabricated and politically motivated. This is borne out by the fact that a criminal arson case was filed only ten days after the arson itself under [Russian Federal Criminal Code] Article 167 (“Intentional damage and destruction of property by means of arson”) and was changed to a terrorism case only on May 13, after [Gennady] Afanasiev and [Alexei] Chirniy were detained, and the necessary testimony had been obtained from them.

1438171138-7230-sentsov-i-kolchenkoOleg Sentsov and Alexander Kolchenko

As regards the wording used by the investigation and the prosecution [in their formal charges against Kolchenko], it is really remarkable: “[The accused] committed accessory to arson in order to destabilize the authorities of the Republic of Crimea with the aim of influencing the decisions of Russian Federation authorities on the withdrawal of the Republic of Crimea from [the Russian Federation].”

In keeping with the prosecution’s line of thinking, if you use contraceptives, your objective is destabilizing the demographic situation in the country and the country’s defensive capabilities as a whole. If you criticize an official, you do this in order to undermine your country’s image in the international arena.

The list of such assertions is potentially endless.

During the trial itself, we had the chance to hear about the use of threats and torture against [Oleg] Sentsov and Afanasiev by FSB officers.

Interestingly enough, the people who use such methods to obtain testimony do not hesitate to accuse us of terrorism.

The Bolotnaya Square trial in several acts, the trial of Alexei Sutuga, the trial of Ilya Romanov, our trial, and the trial of [Nadiya] Savchenko all have the aim of extending this regime’s time in power. But, by throwing us in prison, this regime hastens its end, and people who only yesterday believed in law and order, are today losing this faith as they observe such trials. And tomorrow or the day after tomorrow, these people, who are part of that selfsame eighty-six percent [of Russians, who, allegedly, according to Russian pollsters, support Putin] will demolish this authoritarian regime.

I also want to note that in Afanasiev’s affidavit [a letter that he wrote from Remand Prison No. 4 in Rostov-on-Don and which defense attorney Dmitry Dinze read aloud during closing arguments—Kasparov.ru], it says that an FSB officer told Afanasiev that the day when he testified in court would be the most important day of his life. Apparently, Afanasiev took these words to heart, and in his own way. I was amazed by this gutsy, strong deed of his.

I would also like to thank those who have supported Oleg and me.

I agree with the arguments of our attorney. I consider them reasonable and fair, and I will not ask the court for anything.

____________

On August 19, 2015, the Russian prosecutor asked a military court to sentence Alexander Kolchenko to twelve years in prison, and his co-defendant, filmmaker Oleg Sentsov, to twenty-three years in prison. The verdict is scheduled to be read out in Rostov-on-Don, where the trial has been taking place, on August 25.

Read more about the Sentsov-Kolchenko case:

Translated by The Russian Reader. Photo courtesy of Unian.net