Two Years Hard Time for Grabbing a Policeman by the Arm

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Prisoners of the Article 212 Case
Facebook
September 3, 2019

Yet another guilty verdict and yet another hefty prison sentence.

A court has found Danila Beglets guilty and sentenced him to two years in a medium-security penal colony. Beglets was accused of grabbing a policeman by the arm when the latter was detaining protesters.

Beglets has two small children. He is a businessman and the only breadwinner in his family.

Photo of Danila Beglets and his family courtesy of Prisons of the Article 212 Case. Translated by the Russian Reader

P.S. Ivan Podkopayev, another defendant in the Article 2012 case, was found guilty earlier today. He was sentenced to three years in a penal colony for, allegedly, spraying pepper spray in the direction of police officers.

P.P.S. Not all the news from the Article 212 Case was bad. Criminal charges against defendants Daniil Konon, Sergei Abanichev, Vladislav Barabanov, and Valery Kostenok were dropped today.

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

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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.

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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.

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

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

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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.

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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.

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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.

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

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

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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.

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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

“What Is This, the Gestapo?” University Student Yegor Zhukov Charged with Rioting in Moscow

Higher School of Economics Student Yegor Zhukov Arrested in Riot Investigation
Andrei Karev
Novaya Gazeta
August 2, 2019

Moscow’s Presna District Court has remanded in custody yet another person charged in the riot investigation launched after the July 27 protest rally in Moscow: 21-year-old Yegor Zhukov, a candidate for the Moscow City Duma, video blogger, and student at the Higher School of Economics.

content_______2Yegor Zhukov in court. Photo by Vlad Dokshin. Courtesy of Novaya Gazeta

Judge Alexander Avdotyina granted a motion made by the case investigator and remanded Zhukov in custody until September 27.

The hearing began with a motion from Zhukov’s defense lawyer, Daniil Berman. He asked the court to call a recess and give his client a bottle of water.

“He has not had a drop of water since two in the morning and has not slept since yesterday,” Berman claimed.

The judge, however, refused to uphold the motion, explaining that giving Zhukov a bottle of water was against the rules.

“What is this, the Gestapo?” Zhukov’s outraged mother wondered aloud.

Her son has been charged with involvement in rioting, punishable under Article 212.2 of the Russian Criminal Code. Zhukov has completely denied his guilt and refused to give testimony to investigators. According to the case investigator, if Zhukov were at large, he could hinder the investigation, present a flight risk, and pressure witnesses.

He argued that Zhukov’s guilt was borne out by evidence gathered during the investigation.

“Zhukov could destroy evidence in the case and communicate information learned during the investigation to other suspects,” explained the investigator from the Russian Investigative Committee.

The prosecutor seconded the investigator’s arguments.

Zhukov asked the court to impose pretrial restrictions that did not involve imprisoning him.

content_______3Yegor Zhukov in court. Photo by Vlad Dokshin. Courtesy of Novaya Gazeta

Berman argued there were no grounds for remanding Zhukov in custody. There had been no criminal wrongdoing on Zhukov’s part, and investigators had not presented any specific evidence. Berman motioned the court not to impose pretrial restrictions that would involve isolating his client from society, asking it instead to place Zhukov under house arrest or release him on bail or on his own recognizance.

“There have been lies at each stage of the criminal investigation. It seems as if the case file has been hastily thrown together: it is a collection of commonplaces. What are the charges? What exactly did my client do? The case investigators should at least pretend to be upholding the law. It is outrageous they asked the court to uphold this motion. Why should a student and Muscovite be remanded in custody?” Berman exclaimed.

He added that Zhukov’s parents were willing to post one million rubles [$15,320] in bail.

Earlier, it transpired Valeria Kasamara, vice-rector at the Higher School of Economics and candidate for the Moscow City Duma in Borough No. 45, had agreed to stand surety for Zhukov.

“I request Yegor Zhukov not be remanded in custody. He is my student. He has always been distinguished by his curiosity and high academic performance. I know him personally and can vouch for his good character,” reads the document, posted on Telegram by Pavel Chikov, head of the Agora International Human Rights Group.

Higher School of Economics students, alumni, and faculty have published an open letter demanding the university’s administrators officially voice their support for Zhukov. According to the letter’s authors, the HSE administration should personally make official statements supporting Zhukov, stand surety for him in court, and appeal to all public authorities to explain the grounds for the criminal charges against him.

“The charges against Yegor are charges against the entire university and each member of the university community. The university teaches us to think critically, speak freely, and ask questions. The Higher School of Economics does not have the moral right to turn its back when a member of its community faces three to eight years in prison for speaking freely and asking the right questions,” it says in the letter.

The Investigative Committee has consolidated separate charges of rioting (punishable under Article 212 of the Russian Criminal Code) and violence against police officers (punishable under Article 318 of the Russian Criminal Code) into a single criminal investigation of the “unauthorized” protest rally in Moscow on July 27. According to Chikov, 84 investigators have been assigned to the case.

Earlier on Friday, the court remanded Alexei Minyaylo, Samariddin Radzhabov, Ivan Podkopayev, and Kirill Zhukov in custody. Yevgeny Kovalenko had already been remanded in custody as part of the same investigation.

Thanks to Dmitry Kalugin for the heads-up. Translated by the Russian Reader

Alexei Gaskarov: “If the Way to Freedom in This Country Runs through Prison, We Are Ready to Go”

The verdicts on the second group of defendants in the Bolotnaya Square case will be announced in Zamoskvoretsky Court in Moscow on August 18. The prosecutor asked the court to sentence Alexander Margolin and Alexei Gaskarov to four years in prison; Ilya Gushchin, to three years and three months in prison; and Elena Kokhtareva, to three years and three months suspended, with four years of probation. All four defendants have been accused under Article 212 Part 2 (involvement in rioting) and Article 318 Part 1 (use of non-threatening violence against a public official) of the Russian Federal Criminal Code.

On August 4, 28-year-old antifascist Alexei Gaskarov made his closing statement in court. This is the complete text of his speech.

gaskarov-Feldman-3-600x400Alexei Gaskarov

The so-called Bolotnaya Square case has been symbolic in the sense that through it the public sees how the authorities interact with the opposition, with those people whose viewpoint differs from the general line.

The first thing I wanted to talk about is something that was not addressed in the trial, but which I think is important: why on May 6, [2012,] despite everything, so many people decided to be involved in certain events, rather than simply stand another two or three hours in queues, and ultimately did not permit themselves to be beaten with impunity.

The May 6 demonstration was the seventh major event staged by the opposition [during the 2011–2012 fair elections protest movement]. Whereas earlier, before December 2011, a few thousand people attended protest rallies I had witnessed, when you-know-who said the idea of rotating governments was not the best thing for Russia, the core group of protesters increased significantly. And these people did not go organize riots, but went to observe elections in order to understand and record the way the political processes that occur in our country are legitimated.

kohtareva-11-600x400Elena Kohtareva

Everything fell into place on December 4[, 2011, when parliamentary elections were held in Russia]. Despite the fact that the institution of elections had been destroyed much earlier, the large group of people who went to the polls as observers saw how the legitimacy of the current government was shaped. I myself was an observer at those elections, and what we saw was quite straightforward. Indeed, it is a strange situation when you are trying to find at least one person among your acquaintances who would say they voted for United Russia. In fact, such people did not exist: there was no mass support for the government. When they tried to counter the Bolotnaya Square protests with an event on Poklonnaya Hill in support of the current government, they could not gather more than a thousand people.

This subject itself was extremely important, but unfortunately it was not sufficiently popular with the authorities. Fair elections are still the only legal way of changing the political system, and once it has been changed, you can solve social and economic problems. A huge number of people took to the streets. There was almost no reaction on the part of the authorities. The protests were peaceful, the protesters were numerous, and it was obvious the demands they made and the problems they talked about were real, but instead we saw only a reluctance to engage in dialogue and, at some point, flagrant mockery.

A lot of people now do not like what thuggish characters in Ukraine are calling people from Southeast Ukraine. But here in Russia the same thing happened: when people came out on Bolotnaya Square, the country’s president called them Bandar-log and made many other unflattering comparisons. We were told we amounted to only one percent, that only one hundred thousand people in a city of ten million came out to protest, that it meant nothing at all. But later, when they actually allowed a fair poll, as happened during the [September 2013] mayoral election in Moscow, it turned out it was not one percent, but forty percent, a significant segment of society. And I would like to say that we should be glad on the whole that the events on Bolotnaya Square happened as they did.

In all developed democratic countries, protest rallies, the opportunity to express points of view that differ from that of the authorities, generate political competition, which enables countries to find the best way of developing. By the way, certain problems in the Russian economy began precisely in the third quarter of 2012, because it is impossible to build a stable economic and social system when you completely demotivate and exclude such an essential part of society. And it was obvious that this part of society was essential.

The first signal that comes from our case: does the right to protest, which exists in all developed countries, exist at all in Russia? As we see now, Russia has been deprived of this right.

And the second signal, which it is impossible to ignore: has the rule of law survived in Russia? Individuals must be protected from the actions of the authorities not only by a system of checks and balances but also by the possibility of appealing directly to the law in the way in which it is worded. I think this can be seen in our case. There is Article 212 of the Criminal Code: it may be poorly worded, but it is worded the way it is. And it is wrong, I think, to raise such obvious questions at the trial stage, because the law is worded quite clearly. We read a lot of commentaries to the Criminal Code and nowhere did we find that the corpus delicti of “rioting” could be defined alternatively, based on the evidence listed in the charges. Nevertheless, this has been consistently ignored. Even in those decisions entered into the case file, this subject was roundly rejected.

In and of itself, the rule of law is the most important of the institutions that protect the rights of individuals from the state. And, of course, we cannot ignore the selective application of the law to citizens. I realize that Russian law is not based on precedent, but it is impossible not to notice that if, for example, you are a nationalist, block roads, and set fire to shops, but refrain from speaking out against the actions of the authorities, you are only guilty of disorderly conduct. If you go to protest rallies where people shout, “Putin is a thief!” you are, accordingly, liable to serious criminal charges.

guschin-Feldman-3-600x400Ilya Gushchin

There is one last point following from our case to which I would also like to draw attention. I think a signal is being sent: if you are loyal to the authorities, you will enjoy the most favorable conditions; if you are disloyal, you will go to jail. This concerns the evaluation of the actions of demonstrators and the actions of police. It is too obvious that not all the police behaved as they should have behaved. I understand this was not specifically the matter in dispute in our case, but not a single criminal case has been opened against the police. Practically speaking, they have tried to turn the police into a caste of untouchables as part of our case. When there was a public debate on the Bolotnaya Square case, the same phrase always came up: “You cannot hit police.” Even in our group of thirty people charged in the Bolotnaya Square case, only three people actually struck police officers. And yet the whole complexity of this situation was primitivized through a single phrase: “You cannot hit police.”

margolin-svoboda.org-3-600x400Alexander Margolin

But it seems to me this way of posing the question dismisses and completely destroys any criticism of the government. We cannot forget that many terrible things have happened in our country (for example, during the Great Terror [under Stalin in 1937-38]), that people in uniform committed all these crimes, and everything they did was legal for all intents and purposes. But now they tell us there should be no critical rethinking of this situation, that it is necessary to stupidly obey the thesis that was endlessly repeated during discussion of our case.

The main thing I would like say, your honor, is that I really would not want it to happen that, after our trial, speaking of the law as an expression of the principle of justice became a sign of bad taste. I would hope that our trial did not pursue any other political objectives that have been imposed on it, that have been set for it—and all that is in the case files—but that we be judged for the things we really did. But if, in this country, the way to freedom runs through prison, we are ready to go. That is all.

Originally published, in Russian, at Grani.ruPhotos courtesy of Bolotnoedelo.info.

Afterword (copied from People and Nature‘s first publication of this translation)

On July 24, two other defendants in the Bolotnaya Square case, the left-wing activists Sergei Udaltsov and Leonid Razvozzhayev, were each sentenced to four and a half years in prison on charges arising from the May 6 demonstration. Supporters of Alexei Gaskarov and the other three defendants being sentenced this month fear similarly harsh penalties on August 18.

Solidarity makes a difference in such cases. While the Russian government claims to be championing “antifascism” in Ukraine, it is sending antifascists and other oppositionists in Russia to jail for long periods. The more support for these activists from antifascists internationally, the better.

Please copy and republish this article; demonstrate or protest however you can; write to the Russian embassy; and look on the Free Alexei Gaskarov site and the May 6 Committee site.

Update. On August 18, Alexei Gaskarov and Alexander Margolin were sentenced to three and half years in prison; Ilya Gushchin, to two and a half years; and Elena Kokhtareva, to a suspended sentence of three years and three months including three years’ probation.