Hand It Over

moscow highway serviceMoscow’s streets are, apparently, reserved for planet-killing traffic jams and idiotic displays of state power, like this parade of trucks by the Moscow Highway Service. Yesterday, another of the city’s municipal agencies, which are run as profit-making “state enterprises,” Moscow City Transport, won a 1.2 million-ruble lawsuit against opposition leaders and independent city council candidates for the losses it incurred, allegedly, during the July 27 protest rally in support of independent candidates barred from running in the September 8 elections. A raft of other frivolous lawsuits against the opposition is coming down the pike by way of punishing them for their persistence and their tactical victory this past Sunday. Photo courtesy of the Moscow Highway Service

Hand It Over: Court Awards Moscow City Transport 1.2 Million Rubles in Suit Against Opposition Politicians
Maria Litvinova
Kommersant
September 11, 2019

Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, and Vladimir Milov must jointly pay Moscow City Transport (Mosgortrans) 1.2 million rubles [approx. $18,000] for the losses it incurred due to traffic stoppages during the “unauthorized” protest rally on July 27 in Moscow. Such was the ruling made on Tuesday by the Koptevo District Court on the lawsuit brought by Moscow City Transport. The defendants were unsuccessful in their attempt to demand financial documents showing the losses. They argued that public transport was poorly organized and also pointed out the large-scaled public events held by the mayor’s office in the downtown area.

Moscow City Transport filed a suit against Alexei Navalny, Lyubov Sobol, Ivan Zhdanov, Yulia Galyamina, Ilya Yashin, Alexander Solovyov, Oleg Stepanov, Georgy Alburov, and Vladimir Milov, who were involved, allegedly, in organizing the July 27 protest rally dedicated to the course of the Moscow City Duma election campaign [sic]. The plaintiff claimed that public transport ground to a halt on several streets due to the blocking of roads by people who took part in the “unauthorized” event and the company incurred losses. Moscow City Transport sought 1.2 million rubles in damages from the members of the opposition.

The hearing at the Koptevo District Court was attended by legal counsel for the defendants, including Alexander Pomazuyev (Sobol and Stepanov), Oksana Oparenko and Sergei Badamshin (Solovyov), Vadim Prokhorov (Yashin), and Andrei Tamurka (Galyamina), as well as Vladimir Milov, who was barred from running in the elections, and his lawyer Valentina Frolova. Navalny and Zhdanov neither attended the hearing nor sent their lawyers. Moscow City Transport’s lawyers refused to give their names to reporters.

Judge Vera Petrova opened the hearing by rejecting a number of motions made by the defendants. In particular, the opposition politicians had asked for a financial report from Moscow City Transport for July 2019 showing the losses, as well as the logbooks of its bus drivers. According to Pomazuyev, it was impossible to substantiate Moscow City Transport’s calculations and corroborate the alleged losses.

The defendants had also moved to have officers of the Russian National Guard and the Interior Ministry, who, they claimed, had blocked roads, named as co-defendants, but the court turned them down.

The defense argued that when it refused to examine key documents the court had taken the plaintiff’s side. Its subsequent motion, asking for the judge to recuse herself, was also denied.

During the trial, one of the plaintiff’s lawyers admitted there had been traffic congestion in different parts of Moscow on July 27 but was unable to explain why the protest rally was the reason for the lawsuit.

Moscow City Transport had identified the persons liable for its losses on the grounds that they had already been convicted on administrative charges for their involvement in the “unauthorized” rally and they had published posts on social media encouraged people to turn out for the event.

The defendants and their lawyers wondered why they had been singled out given the fact that numerous people had either been detained at the protest rally or posted about it on social media.

“There were endless numbers of people on the internet who encouraged people to come out for the event,” a lawyer for the plaintiff conceded, “but we chose to sue these people.”

The lawyers for the defense rejected the claim their clients had encouraged people to block streets. They presented the court with a list of the streets traveled by the buses that, allegedly, got stuck in traffic due to the protest rally in downtown Moscow. For example, Bus No. 137 travels from Belovezhskaya Street to Kyiv Station without going through downtown.

Milov told the court that the documents presented by the plaintiff pointed to “traffic congestion,” not the “blocking of roads.”

“Because of traffic jams, it took me two and a half hours to get here today. Moscow City Transport should sue the Moscow mayor’s office for its poor job of regulating traffic,” he said.

“Moscow City Transport handles the sale of transport tickets in ticket offices around the city,” he said. “Passengers put down their money and decide for themselves when to use the tickets they buy. So, you do not incur losses when buses are stuck in traffic but make money hand over fist.”

The defense argued that the Moscow mayor’s office regularly blocked roads in order to hold city-sponsored events, but Moscow City Transport had never once sued the mayor’s office for losses.

Moscow City Transport’s lawyers countered that the mayor’s office always compensated them for losses.

“If you had compensated us, we would have no claim against you,” one of them said.

Frolova reminded the court of the “burden of responsibility” borne by the public authorities.

“How are the rights of people who enjoy dumplings and pancakes [a reference to the festivals regularly organized downtown by the mayor’s office—Kommersant] any different from the rights of people who are voicing their civic stance?” she asked.

The defendants insisted on the political nature of the court case, arguing it had to do with the elections to the Moscow City Duma.

“The elections are over, people voiced their opinion, let’s get back to the law,” Badamshin said to the judge.

“The court has ruled in favor of the plaintiff,” said Judge Vera Petrova, putting an end to the arguments.

The court rejected the suit in relation to one of the co-defendants, Georgy Alburov. The money will be recovered from all the other co-defendants jointly and severally.

Several other private firms, state-owned companies, and state agencies plan to seek compensation from the opposition, in particular, the Moscow Highway Service, the Moscow subway, the taxi service, the staffing company Ancor, the car rental company Fly Auto and, as transpired yesterday, the Moscow Prosecutor’s Office.

Translated by the Russian Reader

Five Time’s the Charm

yashinIlya Yashin is not the only unregistered candidate for the Moscow City Duma against whom the tactic of consecutive arrests has been used. Photo by Yevgeny Razumny. Courtesy of Vedomosti

Yashin Breaks Record for Numbers of Arrests: Moscow Test Drives New Method of Combating Activists
Anastasia Kornya
Vedomosti
August 30, 2019

On Thursday, Ilya Yashin, head of the Krasnoselsky Municipal District Council in Moscow, was sentenced to his fifth consecutive jail sentence of ten days for an administrative violation. The Tverskaya District Court found him guilty of calling on the public to attend an August 3 “unauthorized” protest rally in support of the independent candidates barred from running in the September 8 elections to the Moscow City Duma.

Yashin has been in police custody since July 29. He has been detained every time he left the special detention center after serving his latest sentence. Police have taken him to court, where he has faced fresh charges of holding an “unauthorized” protest or calling on the public to attend one and then been sentenced to jail again. The municipal district councilman has thus been in detention almost continuously for thirty-two days, while the total time he has spent in jail this summer is forty-one days. This considerably exceeds the maximum allowable sentence of thirty days, as stipulated by the Criminal Procedures Code.

Yashin is scheduled to be released on September 7, but there is no guarantee he will not go to jail again.

Yashin’s lawyer Vadim Prokhorov told the court that the prosecution of the councilman was tantamount to a political reprisal. Formally, he noted, one arrest can follow another without violating the law. The problem was that the courts could make one wrongful ruling after another. Prokhorov saw no point in amending the laws, which are quite logical on this point.

“It would be like treating cancer with aspirin,” he said. “We have to change the whole judicial system.”

Ilya Yashin is not the only unregistered candidate for the Moscow City Duma against whom the tactic of consecutive arrests has been used. Former MP Dmitry Gudkov was sentenced to thirty days in jail on July 30, but several days before his scheduled release he was sentenced to another ten days in jail for calling on people to attend the July 27 protest rally. Yulia Galyamina has been convicted of three administrative offenses and sentenced to ten days in jail twice and fifteen days once; she is still in police custody. Konstantin Yankauskas has been arrested and sentenced to seven, ten, and nine days in jail, respectively; like Yashin, he was detained by police after leaving the special detention center. Oleg Stepanov has been sentenced consecutively to eight and fifteen days in jail; Ivan Zhdanov, to ten and fifteen days in jail.

The authorities are unwilling to charge the protest leaders with felonies and remand them in custody, but they clearly do not want to see them at large, said Alexei Glukhov, head of the project Defense of Protest. He noted that the current tactic of arresting opposition leaders multiple times is something novel: in the entire history of the protest movement [sic], no one had ever been arrested more than two times in a row.

Glukhov warned that the tactic was quite dangerous. Courtesy of the Russian Supreme Court, which in the recent past has ruled that violating the deadline for filing charges (legally, the authorities have two days to do this) did not preclude filing charges later, any person who attends a protest rally has the sword of Damocles hanging over their head for a year after the rally.  The authorities can arrest them at any time, for example, by claiming they had only just established their identities.

Glukhov pointed out that, in its review of the government’s draft project for a new Criminal Procedures Code, the Presidential Council on Human Rights had drawn attention to the fact that the one-year statute of limitations in such cases was not justified and could be misused.

Translated by the Russian Reader