Ivan Lyubshin: Five Years in Prison for a Social Media Comment

 

lyubshinIvan Lyubshin at the Kaluga city limits on the eve of his trial. Photo courtesy of Radio Svoboda

Court Sentences Kaluga Resident to Five Years and Two Months in Prison for Comment on Bombing at FSB Office
OVD Info
March 5, 2020

The Second Military District Court, sitting in Kaluga, has sentenced Kaluga resident Ivan Lyubshin to five years and two months in a medium security penal colony for violating Article 205.2.2 of the Russian Criminal Code, which criminalizes “exoneration of terrorism,” for posting a comment on the VK social network about the 2018 suicide bombing at the Arkhangelsk office of the Federal Security Service (FSB). Pavel Chikov, head of the human rights group Agora, reported the verdict on his Telegram channel.

The prosecutor had asked the court to sentence Lyubshin to six years and one month in prison. According to Chikov, Lyubshin and his defense lawyer, Tatyana Molokanova, had insisted on an acquittal. It took the judge two hours to return the verdict.

“I called [Arkhangelsk teenage suicide bomber Mikhail] Zhlobitsky ‘hero of the week, at least,” meaning that he was the hero of the news. This was stretched to make it seems I’d meant he was a hero in general,” the accused said in January of this year.

Lyubshin later deleted the social media comment.

The court examined all witnesses and evidence in the case over a single day, March 4, without Lyubshin present. He told OVD Info that he was on sick leave, and had a doctor’s appointment that day, so he was forced to miss the court hearing.

The prosecution asked that the hearing be postponed until March 14 and Lyubshin’s attendance be assured through compulsory delivery of his person to the court. The defense asked for the same postponement, but objected to the prosecution’s motion for compulsory delivery.

Presiding Judge Alexei Grinev asked for a note from Lyubshin’s doctors to the effect that the defendant was physically unable to attend the court hearing. The doctors refused to give Lyubshin such a note, explaining that such notes were issued only at the court’s request.

The court ruled that the defendant has thus failed to appeared and postponed the hearing of the case until March 5. Lyubshin reported that the court also ruled that he be forcibly delivered to the hearing.

Lyubshin also reported that the FSB officers who were witnesses in his case left in the same car as the prosecutor after the hearing. In addition, one FSB officer, another witness in the case, tried to ask the doctors for details about Lyubshin’s illness. However, they only confirmed that Lyubshin was under their care.

In October 2019, Lyubshin was placed under house arrest on charges of “exonerating terrorism.” He claimed then that FSB officers who interrogated him had tortured him, but the Russian Investigative Committee declined to launch a criminal case against the security service officers in question. In late December 2019, Lyubshin was released on his own recognizance. In March 2019, after the partial decriminalization of Article 282 of the Criminal Code, the court dismissed incitement of hatred charges against Lyubshin for posts on VK.  In November 2017, he was found guilty of inciting hatred (Article 282.1) and “exonerating Nazism” (Article 354.1.2) for posts on VK. He was sentenced to pay a fine of 400,000 rubles.  Lyubshin was also accused of distributing pornography, but the court acquitted him.

Ivan Lyubshin is the latest in a growing list of Russians prosecuted or facing prosecution for allegedly “exonerating” the suicide bomber Mikhail Zhlobitsky on social media or in the traditional media. Lyubshin has joined the ranks of Svetlana Prokopieva, Anton Ammosov, Pavel Zlomnov, Nadezhda Romasenko, Alexander Dovydenko, Galina Gorina, Alexander Sokolov, Yekaterina Muranova, 15-year-old Moscow schoolboy Kirill, and Vyacheslav Lukichev. On March 5, OVD Info reported that Oleg Nemtsev, a trucker in Arkhangelsk Region, had been charged with the same “crime.” Translated by the Russian Reader

Russia’s War on “Terrorists” and “Extremists” in Crimea and Syria

filatovPersecuted Crimean Jehovah’s Witness Sergei Filatov faces seven years in prison for “extremism.” Photo courtesy of Grati

Prosecutor Requests Seven Years in High-Security Prison for Jehovah’s Witness in Crimea
OVD Info
February 25, 2020

During closing arguments in the trial of local resident Sergei Filatov, who organized meetings of Jehovah’s Witnesses, the prosecutor asked the Dzhankoy District Court to sentence Filatov to seven years in a high-security penal colony, according to the online publication Grati, which cited Filatov himself as its source.

Filatov, who is currently free on his own recognizance, is accused of “organizing the activities of an extremist organization,” punishable under Article 282.2.1 of the Russian Federal Criminal Code. According to investigators, Filatov, as the head of a religious organization, “undermined the foundations of the constitutional system and the security of the state.” The case files include an audio recording, made by local FSB field officer Vladislav Stradetsky, in which Filatov and other believers can be heard discussing religious topics.

The prosecution claims that Filatov is a co-organizer of a Jehovah’s Witness organization called Sivash, which held gatherings and religious lectures at the defendant’s registered domicile.

The only witness at the previous hearings in Filatov’s trial was a man named Verbitsky, a computer science teacher at a rural school. In September 2019, he testified that he had gone to Jehovah’s Witness gatherings right up until the organization was banned in April 2017, and therefore was unaware of Filatov’s further actions. In November 2019, however, he changed his testimony, saying he had continued attending meetings of believers for another six months or so.

Verbitsky claimed the defendant was intimidating him, so the judge honored his request to hold the hearings in closed chambers. The website Jehovah’s Witnesses in Russia reports that the “intimidation” in question was phone calls from strangers. The defense made several requests to hold the trial in open chambers, but to no avail.

Filatov has four children, two of whom are minors. He considers the trial biased,  and the whole case an instance of religious persecution.

“The prosecutor asked the judge to sentence me to seven years for extremist activity—seven years for religious convictions, for believing in God. There was no crime, no culpability. 1951 and 1937 are coming back. They happened in Russia and here [in Crimea]: there are people among us today who were persecuted and sent into exile. This is tyranny and genocide,” Grati reports Filatov as saying after the trial.

In November 2018, the security forces raided a number of homes of Jehovah’s Witnesses in Dzhankoy. Searches were conducted at several dozen addresses, but only Filatov was detained, allegedly because police found extremist literature and manuals on psychology and recruiting in his home.

On April 20, 2017, the Russian Supreme Court declared the Administrative Center of Jehovah’s Witnesses in Russia an “extremist organization,” disbanded it, and prohibited it from operating in Russia. In August 2017, all Jehovah’s Witness organizations were placed on the official list of banned organizations, sparking a subsequent wave of criminal cases against members of the confession.

Translated by the Russian Reader

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Putin: Our Forces Stopped a Serious Threat to Russia in Syria
Asharq Al-Aswat
February 24, 2020

President Vladimir Putin has revealed a decisive Russian military attack last week to prevent Turkish-backed Syrian opposition factions from advancing towards Neirab city.

The Russian military has rooted out well-equipped terrorist groups in Syria and prevented major threats to Russia, Putin said at a gala on Defender of the Fatherland Day.

The attack was followed by intense airstrikes on militant sites in Idlib province.

Putin’s statements came in line with accusations launched by the Kremlin against Turkey on its violation of the Sochi Agreement.

According to Russian sources, the military sought to prevent Ankara from trying to impose a new fait accompli by controlling sites that have been recently occupied by the regime.

Russia “will not allow the return of the previous situation, when Idlib province and its surrounding areas were under the control of Syrian factions,” the sources added.

Putin, however, revealed on Sunday another aim for his country’s intervention in Syria.

Russia’s officers and soldiers have confidently confirmed their high professionalism and combat capabilities, the strength of spirit and their best qualities during the military operation in Syria, he said.

“They have wiped out large and well-equipped terrorist groups, thwarted major threats for our motherland at distant frontiers, and helped the Syrians save the sovereignty of their country,” he stressed, thanking all soldiers who have participated in the fight in Syria.

Putin’s remarks highlighted information circulated on Ankara supplying the Syrian factions with US mobile anti-air systems, which enabled them to shoot down two Syrian army helicopters last week.

The Ministry of Defense said these weapons could be used against Russian forces, slamming Ankara and Washington.

It said both sides “cannot predict how and when the terrorists will use these weapons.”

Putin affirmed Moscow’s intention to continue to enhance its military capabilities and provide its armed forces with the most advanced arms, including laser weapons, hypersonic systems and high-precision systems.

Court Extends Azat Miftakhov’s Term in Custody Until April

azat

“Russia needs scientists, not political prisoners. Free Azat Miftakhov!” A women picketing outside Moscow City Court on February 4, 2020. Photo courtesy of FreeAzat!

Moscow City Court Extends Mathematician Azat Miftakhov’s Term in Custody Until April 7, 2020 
OVD Info
February 4, 2020

Moscow City Court has extended the term in custody of mathematician Azat Miftakhov, charged with disorderly conduct, as reported in Novaya Gazeta‘s live blog from the hearing.

Since Miftakhov has been in remand prison for a year, further extensions of his remand in custody had to be decided in the city court rather than in a municipal district court.

According to the Telegram channel Vestnik Buri Originals, Svetlana Sidorkina, Miftakhov’s defense attorney, reported that before court hearings her client was not delivered directly from the remand prison to the court by the Federal Penitentiary Service, but for unknown reasons was driven around town in a paddy wagon.

The defense asked the court either to transfer the mathematician to house arrest or release him on bail in the amount of 1,994,000 rubles [approx. 28,500 euros], but the court sided with the prosecution and extended Maftakhov’s term in custody till April 7.

Miftakhov, a graduate student in mathematics at Moscow State University and an anarchist, was arrested as part of an investigation of a case of group disorderly conduct, as punishable under Article 213.2 of the Russian Criminal Code. Police investigators allege that on January 30, 2018, Miftakhov, Andrei Yeikin, Yelena Gorban, Alexei Kobaidze, and Svyatoslav Rechkalov broke a window in a United Russia party office and threw a smoke grenade through it. Rechkalov and Kobaidze have fled Russia, and their case is now being investigated separately. In December 2019, the Russian Interior Ministry reported that it had completed its investigation of the case of the broken window at the United Russia party office.

Miftakhov was detained on February 1, 2019. He would later tell his lawyer that he had been tortured with a screwdriver. For the next eleven days, his arrest was extended under various pretexts. OVD Info has written in detail about different aspects of Miftakhov’s arrest and published a timeline of developments in the broken window case.

Translated by the Russian Reader

18 Years in Prison for Being Tortured by the FSB

content_001_setNetwork Case defendants. Photo by Andrei Karev. Courtesy of Novaya Gazeta

Prosecutor Asks Court to Sentence Penza Network Case Defendants to Up to Eighteen Years in Prison
OVD Info
December 26, 2019

The state prosecutor has asked the Volga District Military Court to sentence the five defendants in the Penza portion of the Network Case to between six and eighteen years in prison, according to a member of the campaign to support the defendants who was present in the courtroom.

The prosecution asked the court to hand down the longest sentence to Dmitry Pchelintsev: 18 years in a maximum-security penal colony. It asked the court to sentence Ilya Shakursky to 16 years, Andrei Chernov to 14 years, Maxim Ivankin to 13 years, Mikhail Kulkov to 10, Vasily Kuksov to 9 years, and Arman Sagynbayev to 6 years. It asked that all the defendants except Kuksov and Sagynbayev be sent to maximum-security penal colonies.

The prosecutor told the court that the defendants’ accounts that they were tortured into testifying had not been corroborated.

All the defendants are accused of involvement in a “terrorist community,” punishable under Article 205.4.4 of the Russian Criminal Code. Pchelinsky and Shakursky are accused of organizing a “terrorist community,” punishable under Article 205.4. In addition, some of the defendants are accused of illegal possession of firearms (Article 222.1), illegal possession of explosives (Article 222.1.1), attempted arson or bombing with mischievous intent (Article 167.2 in combination with Article 30.3), and large-scale attempted drug trafficking (Article 228.1.4.g in combination with Article 30.3).

The criminal case against the Network “terrorist community” was launched in October 2017. According to the FSB, eleven young men in Penza and Petersburg organized the Network and were planning to overthrow the government. The defendants in the case claimed the FSB subjected them to psychological pressure, tortured them with electric shocks, beat them, and planted weapons on them. Some of the defendants recanted the confessions they made in the days following their arrests. OVD Info has reported on each of the defendants in the case in detail.

Translated by the Russian Reader

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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 police state, read and share the articles I have posted on these subjects.

Special Rapid Deployment Force Raids Jehovah’s Witness Gathering in Norilsk

tomsk raidPolice raiding Jehovah’s Witnesses in Tomsk in 2018. Photo courtesy of the website Jehovah’s Witnesses in Russia

Special Forces Raid Recreational Compound in Norilsk Where More Than 50 Jehovah’s Witnesses Were Gathered, Criminal Charges Filed
OVD Info
October 22, 2019

On October 20, the Special Rapid Deployment Force (SOBR) raided a recreational compound in Norilsk where more than fifty Jehovah’s Witnesses had gathered, later carrying out searches in some of their homes, according to a report posted the next day on the religious organization’s website. A source in law enforcement confirmed that the raid had happened, according to local news website Tayga.info.

“Masked commandos broke into the building and ordered everyone who was there to surrender their telephones and tablets,” said the report on the Jehovah’s Witness website. Some of the people were then taken away in minivans to be interrogated or have their homes searched. Witnesses noticed the Norilsk Nickel logo on some of the vans.

There is information about searches in five homes. They lasted around five hours. Police confiscated Bibles, computers, tablets, and telephones from the Jehovah’s Witnesses.

The interrogations took place at the local headquarters of the Russian Investigative Committee. The people interrogated were asked questions from a questionnaire consisting of twenty-five questions. In particular, they were asked about their affiliation with the “forbidden” faith.

According to Tayga.info’s source, criminal charges have been filed against the leader of the local Jehovah’s Witness community.

On April 20, 2017, the Russian Supreme Court declared the Administrative Center of Jehovah’s Witnesses in Russia an “extremist” organization, abolishing it and banning it from operating in Russia. In August of the same year, all local Jehovah’s Witness organizations in Russia were banned, setting off a subsequent wave of criminal cases against members of the church.

In February 2019, a court handed down the first sentence against a Jehovah’s Witness involving a long term of imprisonment: Danish national Dennis Christensen was sentenced to six years in prison. He has filed a complaint with the European Court of Human Rights in Strasbourg, which has promised to review it.

Translated by the Russian Reader

Piglet

piglet“Should we go and search someone’s home, Piglet?” Cartoon by Sergey Elkin

New Wave of Police Searches Targets Allies of Opposition Leader Navalny Across Russia
Moscow Times
October 15, 2019

Police searched the homes of opposition leader Alexei Navalny’s supporters in at least 12 Russian cities overnight following mass raids last month, the police-monitoring website OVD Info reported Tuesday.

News of the latest wave of early-morning home searches came from cities including Yekaterinburg, Krasnodar in the south, and Arkhangelsk in the north. Police carried out more than 200 raids against Navalny allies across Russia last month as part of a criminal money-laundering investigation into his Anti-Corruption Foundation (FBK).

“This is a new wave of searches concerning the case of alleged money laundering by FBK employees,” the foundation’s director Ivan Zhdanov told Russia’s Ekho Moskvy radio station.

Russia’s Investigative Committee later confirmed it carried out searches across 30 Russian regions as part of its money-laundering investigation into the FBK.

The Justice Ministry blacklisted FBK last week under Russia’s 2012 “foreign agent” law that imposes crippling auditing and reporting requirements on groups listed. Navalny and his allies maintain that they receive funding solely through Russian donations, but the ministry said that the FBK had received donations from the US and Spain.

Navalny has called that move and others, including the jailing of several protesters, part of a coordinated and trumped-up campaign to stifle the anti-Kremlin opposition’s activities.

On Tuesday, investigators said they had seized documents and other items during their searches. Several of Navalny’s supporters had been taken in for questioning, they said.

The FBK’s video investigations accusing officials of corruption have riled Russia’s elite. The authorities froze bank accounts associated with Navalny in August as part of the money-laundering investigation that he says is trumped up.

Navalny and his allies led political protests this summer over a local election in Moscow that grew into the biggest sustained protest movement in the Russian capital in years, peaking at around 60,000 people before appearing to lose steam.

Prisoners of the Article 212 Case

Our Common Cause
The criminal investigation of the “riot” on July 27, 2019, in Moscow is absurd. The frame-up has been concocted by Russian law enforcement authorities in plain view. All of the people charged in the case are innocent.

We demand that the authorities drop the case.

What Is the Article 212 Case?
On July 27, 2019, thousands of people took to the streets of Moscow to protest the invalidation by the Moscow City Elections Commission of the signatures of thousands of Muscovites in support of independent candidates for the Moscow City Duma, who were consequently barred from standing in the September 8 elections. The peaceful protest was marred when police and other security forces detained 1,373 protesters, an unprecedented number, and injured 77 protesters.

On July 30, 2019, the Russian Investigative Committee launched a criminal investigation of the events of July 27, 2019, under Article 212 of the Russian Criminal Code, which means the authorities want everyone to believe the peaceful protest was a “riot.”

At present, 13 people have been arrested in the case. All of them have been remanded in custody and faced three to eight years in prison if they are convicted as charged.

The Prisoners

212-1.JPG

Sergei Abanichev
25, manager
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2 (“involvement in rioting”). According to investigators, Abanichev threw a tin can at a police officer on July 27.

212-2

Vladislav Barabanov
22, grassroots activist from Nizhny Novgorod
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2. Barabanov is accused of “directing” protesters on Petrovsky Boulevard on July 27.

212-3

Danila Beglets
27, self-employed
Arrested: August 9, 2019
Charges: Russian Criminal Code Article 212.2
Remanded in custody until October 9, 2019.

212-4

Aydar Gubaydulin
25, graduate of the Moscow Institute of Physics and Technology
Arrested: August 9, 2019
Charges: Russian Criminal Code Article 212.2

212-5

Yegor Zhukov
21, student, Higher School of Economics
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2. Zhukov is accused of directing the crowd on August 27 by “pointing to the right.”
Moscow’s Presna District Court remanded Zhukov in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

212-6

Kirill Zhukov
28, studied physics, engineering, and psychology at university
Arrested: August 4, 2019
Currently jailed in Remand Prison No. 4.

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Daniil Konon
22, student, Bauman School
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2
Currently jailed in Matrosskaya Tishina Remand Prison.

212-8

Yevgeny Kovalenko
48, railroad security guard
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2 and Article 318
On August 5, the court remanded Kovalenko in custody for two months. He and his legal counsel will appeal the ruling at a hearing scheduled to take place at Moscow City Court, Room 327, at 11:10 a.m. on August 22.

212-9

Alexei Minyaylo
34, entrepreneur, volunteer
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2
Currently jailed in Matrosskaya Tishina Remand Prison.

212-10

Ivan Podkopayev
25, technician
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212
Currently jailed in Matrosskaya Tishina Remand Prison.

212-11

Samariddin Radzhabov
21, construction worker
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212, Article 30.3 (“Preparations for a crime, and attempted crimes”), Article 318.1
Remanded in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

212-12

Sergei Fomin
36, self-employed
Arrested: August 8, 2019
Charges: Russian Criminal Code Article 212.2

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Valery Kostenok
20, student, Moscow State University of Design and Technology
Arrested: August 12, 2019
Charges: Russian Criminal Code Article 212.2. Kostenok is accused of tossing two empty plastic bottles towards the police on July 27.
Currently jailed in Remand Prison No. 5 (Vodnik).

Our job is protecting innocent people from the lawlessness of Russia’s law enforcement agencies.

Our Team
We are a pressure group, established by activists, and friends and relatives of people who were detained by police in the aftermath of grassroots protests during July and August 2019 in order to coordinate assistance to protesters charged with felonies.

Our goal is to help the people arrested in the Article 212 Case and their families and friends, publicize the criminal prosecution of the protesters, and encourage other forms of solidarity and support.

We want to make everyone recognize there was no “riot” on the streets of Moscow on July 27, 2019.

We seek the release of everyone wrongfully prosecuted by law enforcement and the courts.

We want to see human rights honored and observed.

We are:

  • Armen Aramyan, graduate student at the Higher School of Economics, editor of the independent student magazine DOXA
  • Alexandra Krylenkova, civil rights activist
  • Nikita Ponarin, student at the Higher School of Economics, grassroots activist
  • Roman Kiselyov, civil rights activist
  • Maria Chernykh, co-founder, Verstak Design Bureau

And many, many others.

How Can I Help?

  • Sign the petition on the Article 212 Case, as launched by Novaya Gazeta on Change.org.
  • People in jail are cut off from the outside world. Letters are nearly their only connection to life, so you can write letters to the prisoners. If you don’t want to write and send a paper letter, you can send an electronic letter via FSIN-Pismo and RosUznik.
  • We are recruiting volunteers and organizing the systematic delivery of care packages to each prisoner in our chat room on Telegram.
  • Attend court hearings in the case: this is a really good way to support the prisoners. We will be publishing the schedule on Facebook, VK, and Telegram, as well as on this website.
  • If you want to join the campaign and you have ideas and the energy to support the prisoners and their loved ones, write to us on our chatbot.

What About Money?
Prisoners of the Article 212 Case is a volunteer project. We realize, however, that the people jailed in remand prisons need care packages, and their families need assistance. This costs money, sometimes at short notice, and that is why we are launching a campaign fundraiser in the coming days.

Sign up for our mailing list and we will send you an email when the fundraiser is launched.

Our support of the Article 212 Case prisoners and their loved ones would be impossible without our friends from OVD Info, Moscow Helsinki Group, and Team 29.
You can contact the project team on our chatbot.
Design
Visual identity: Sergei Tidzhiev
Website: Irina Nikolaeva

Source: delo212.ru. Translated by the Russian Reader