Prosecution Witness in Brinikh Case Recants

Valery Brinikh

Prosecution Witness in Brinikh Case Recants
Grani.ru
March 24, 2016

77-year-old Mugdin Guchetl, a witness for the prosecution in the extremist case against environmentalist Valery Brinikh, recanted from the testimony identified as his in the case file during a court hearing in Maykop City Court in Adygea, as reported by the international human rights group Agora, who cited Brinikh’s defense attorney Alexander Popkov.

In testimony signed “Guchetl,” given during the investigation, it states that Brinikh has insulted not only the witness but the entire Adyghe people with his article “The Silence of the Lambs.” During the trial, however, the witness said he had not read the article, that he had not been in Adygeisk for around five years (although according to the interrogation report he was questioned in Adygeisk), that he had not given testimony to a police investigator, and that he had not signed the interrogation report.

Presiding Judge Vitaly Galagan pressed Guchetl, telling him that if he did not acknowledge his own signature, he would be summoned to court again. The defense protested the judge’s actions and filed a motion for a handwriting analysis to be performed.

The article “The Silence of the Lambs” was published on the website For Krasnodar! in September 2014. It recounts the environmental problems caused by Kievo-Zhuraki Agribusiness JSC, a large pig-breeding facility in Adygea’s Teuchezhsk District. The company was founded by Vyacheslav Derev, Karachay-Cherkessia’s representative in the Federation Council.

The article contains the following passage: “But who or what has forced the Adyghe to breathe manure-polluted air and swim in ponds poisoned by sewage? Nothing but cowardice and a lack of self-esteem.”

On December 17, 2014, Maykop City Court ruled that “The Silence of the Lambs” was extremist. On March 20, 2015, the Adygea Supreme Court reaffirmed the lower court’s decision. In their rulings, the courts claimed the author of the article had insulted ethnic Adyghe, accusing them of cowardice. On January 12, 2016, Brinikh submitted a written petition to Maykop City Court asking it to reexamine its ruling in the light of new circumstances, but on January 21, Judge Irina Ramazanov refused to consider the petition.

The environmentalist had been charged under Articles 33.5 and 282.1 of the Criminal Code (complicity in inciting hatred and enmity) as he was accused of having help to disseminate the article. Subsequently, Major Konstantin Kustov, senior major case investigator at the regional headquarters of the Russian Federal Investigative Committee, recharged the environmentalist, removing Article 33.5 from the charges and accusing the biologist of having authored “The Silence of the Lambs.”

Defense attorney Popkov has noted that over the past year the Investigative Committee has ordered five forensic examinations in the case. However, the lawyer stressed that data from a wiretap of Brinikh’s telephone, conducted by the Federal Security Service (FSB) a few months before “The Silence of the Lambs” was published, has been subjected to a phonological forensic analysis.

Hearing of the case on the merits began on January 26, 2016. Popkov had insisted on sending the case back to the prosecutor’s office, pointing out that a number of pieces of evidence had been falsified, but Judge Galagan rejected his appeal.

During the February 9 hearing of the case, one of the ethnic Adyghes who was questioned refuted the charges against the defendant.

“The environmentalist’s article caused no enmity,” he said. “On the contrary, Brinikh has help the Adyghes fight for the environment.”

Translated by the Russian Reader. Photo courtesy of 8772.ru. See my previous posts on Valery Brinikh and the case against him.

The Strange Trial of Valery Brinikh

Judge Refuses to Return Case of Environmentalist Accused of Extremism to Prosecutor
OVDInfo.org
January 26, 2016

Maykop City Court has refused to return the case of environmentalist Valery Brinikh, accused of inciting hatred against the Adyghe people, to the prosecutor’s office for further investigation. This happened on January 26 at the first hearing in Brinikh’s trial. Lawyer Alexander Popkov, Brinikh’s defense attorney, told OVD Info that the reason for the motion to return the case to the prosecutor were the violations of criminal procedural law that have surfaced during the case. According to Popkov, the case files which the police investigator allowed them to examine did not match the case files submitted to the court.

Valery Brinikh
Valery Brinikh

“The dates of the inspection protocols of the items seized during the search [of Brinikh’s home] have been changed,” Popkov explained.

According to him, during the investigation, he and his client discovered that the inspection protocols  had been drawn up before the items were confiscated. After they pointed this out, protocols that were formally drawn up later than Brinikh and Popkov reviewed them were submitted to the court.

Brinikh told OVD Info that the court had refused to admit two defenders to the case: retired judge Oleg Alexeev and Zaurbiya Chundyshko (an ethnic Adyghe), chair of the Maykop grassroots organization Adhyge Khase. The presiding judge has refused to call to the stand the witnesses and experts whom Brinikh and his attorney had asked to testify, including the people who performed the computer and linguistic forensic examinations during the investigation. The defense has a number of questions for them.

According to police investigators, in the fall of 2014, Valery Brinikh produced a piece of extremist matter: the article “The Silence of the Lambs,” which dealt with the environmental problems cause by a hog farming facility in Adygea’s Teuchezhsky District. It was founded by Vyacheslav Derev, the Federation Council member for Karachaevo-Cherkessia.

Translated by the Russian Reader. Photo courtesy of Cogita.ru

Please read my previous posts on the Brinikh case:

It’s Dangerous to Quote Voltaire: The Case of Valery Brinikh, Part 3

It’s Dangerous to Quote Voltaire
ovdinfo.org
January 10, 2015

Valery Brinikh
Adygean Environmentalist Valery Brinikh

In Adygea, Valery Brinikh, chair of the regional branch of the All-Russian Society for Nature Conversation (VOOP), has been charged with aiding and abetting extremist activity and subjected to travel restrictions. According to investigators, Brinikh “aided unidentified persons in disseminating information aimed at abasing the dignity of a person or group of persons on the basis of ethnicity and origin by creating extremist material.” Abasement of dignity charges (Russian Federal Criminal Code Article 282.1) were filed in December 2014. They were occasioned by publication of the article “The Silence of the Lambs” on the website For Krasnodar! The article details the environmental damaged caused to Adygea’s Teuchezhsky District by pollution from an industrial pig-breeding facility. The company that runs the facility, Kiev0-Zhuraki Agrobusiness JSC, was founded by Vyacheslav Derev, who represents Karachay-Cherkessia in the Federation Council, Russia’s upper house of parliament.

Several days after the charges were filed, the article was deemed extremist. According to Brinikh’s defense attorney, Alexander Popkov, the [next-to-last] sentence in the article, which quotes Voltaire’s argument that God helps those battalions that shoot best, could have been the main reason it was deemed extremist.

“The word ‘shoot’ is forbidden; it is an awful word. ‘Battalions’ is also an awful word. And Voltaire was a freethinker,” Popkov says ironically.

Brinikh was for a long time officially regarded as a suspect in the case. According to Popkov, investigators have no proof that it was his client who wrote the article, but they claim he aided “persons unknown” in disseminating it.

The indictment does not make clear exactly whose dignity was abased by the article. Popkov recounts that, initially, investigators said that Brinikh “had offended public officials.” Ethnic motives were also discussed.

In the written petition, filed by the Adygea Prosecutor’s Office, asking the court to deem the article extremist, it says that “according to the findings of the linguistic analysis carried out by the Main Directorate of Internal Affairs in Krasnodar Krai (No. 17/7-119i, dated September 15, 2014), the text of the article ‘The Silence of the Lambs’ contains statements negatively evaluating a group of persons, united on the basis of ethnicity, the Adyghe (identified in the text as ‘cowards,’ ‘persons who lack self-esteem,’ and ‘lambs’).”

The article’s authors complains about the passivity of the local populace, who refuse to defend their own interests.

Popkov notes Brinikh would not have wanted to humiliate the Adyghe.

“On the contrary,” says Popkov, “he advocated for them and visited them.”

The prosecutor’s petition also claims the article contains “statements that could be understood to incite ethnic Adyghe to take actions, probably involving violence, against a group of persons, i.e., the local authorities.”

According to Popkov, Brinikh’s aiding and abetting persons unknown “is supposedly confirmed by a phonoscopic examination: he allegedly spoke by telephone about posting the article on the Web.”

However, since the article was posted on the Web before criminal charges were filed and before it was declared extremist, it follows that Brinikh’s telephone was bugged before these events took place.

“The question arises: on what basis were they bugging him?” asks Popkov.

Translated by the Russian Reader

Editor’s Note. The following day, January 11, ovdinfo.org reported that Valery Brinikh’s trial on the above-mentioned charges would begin in Maykop City Court on January 19.

Please read my previous posts on the Brinikh case: