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

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Torture (The Case of Pavel Zlomnov)

mediazona-van
Illustration for Mediazona by Maria Tolstova. Courtesy of Mediazona

Man Who Said He Was Tortured by FSB Released from Remand Prison and Immediately Rearrested on New Charges 
Mediazona
January 31, 2019

Petersburg resident Pavel Zlomnov, who claimed he had been tortured by FSB officers, was released on his own recognizance on charges of arms trafficking (Article 222 of the Russian Criminal Code) and immediately detained on new charges, his brother Mikhail has informed Mediazona.

Zlomnov is suspected of having violated Article 205.1 Part 1 of the Russian Criminal Code: “public calls for terrorism, vindication or promotion of terrorism.”

“Today, he was released on his own recognizance in the old case that kept him in Remand Prison No. 6 for a year and was immediately detained as part of a new case,” said Mikhail Zlomnov.

According to the written order to institute legal proceedings, a copy of which Mediazona has in its possession, on October 31, 2018, Zlomnov, who was in Remand Prison No. 6, called the person who caused the explosion in the FSB’s Arkhangelsk office [sic] a “real hero of the people.” According to investigators, he also “publicly made appeals recognizing the ideology of violence, including appeals that were poetic in terms of their rhetorical structure [sic].”

The case is being investigated by the FSB.

Mikhail Zlomnov said that investigators have once again requested that his brother be remanded in custody. His custody hearing will take place on January 31.

Zlmonov was initially detained on January 31, 2018, on charges of arms trafficking. Zlomnov’s family reported that, when he was detained, FSB officers “jumped up and down on him, injuring his kidneys, head, and arm.”

Roman Grozdov, another defendant in the case, also reported being tortured.

Mediazona published a detailed account of the case in August 2018.

In late January of this year, Pavel Zlomnov’s brother Mikhail and their father Andrei, who are lawyers, were charged with insulting FSB investigator Dmitry Sablin, per Article 319 of the Russian Criminal Code, which makes publicly insulting officials a criminal offense.

Translated by the Russian Reader