Petition: Drop the Criminal Investigation of a “Riot” That Never Happened

petition

Kirill Martynov
Facebook
August 5, 2019

Friends, I rarely sign petitions and I never ask other people to sign them.

Now, however, circumstances are such that we need to get as many of our fellow citizens involved in discussing the political crisis in Moscow. During this crisis, the FSB, the Russian Investigative Committee, and the police have taken direct control of civic life, bordering on a military coup.

So I would ask you to read this petition, sign it, and talk about it on social media.

It says two things.

1. Criminally prosecuting peaceful citizens for their convictions is defined as political terror.

2. Alexander Bastrykin, chair of the Investigative Committee, is asked to put an immediate end to the criminal investigation of the “riot” in Moscow on July 27 due to the fact that no such crime was committed.

To date, eight people have been arrested and remanded in custody in the case of the riot that did not happen. One suspect in the case has vanished. And this is only the beginning.

None of us is so naive as to believe Bastrykin would meet us halfway. No one has any illusions about the man. He regards the people of our country as expendable in maintaining his personal power and the power of his friends. Nevertheless, Bastrykin formally has the authority to stop this train before it reaches full speed.

We must circulate the petition to get as many people as possible to pay attention to what is happening. We also must show the authorities that society is morally, civically, and politically ready to resist.

If hundreds of thousands of us stand up to be counted, no one can say we do not exist, as they said our signatures in support of candidates standing in these elections did not exist.

___________________________

Stop the Criminal Case Against People Who Took Part in the Peaceful Protest on July 27, 2019, in Moscow
Change.org
August 5, 2019

Novaya Gazeta started this petition to Alexander Bastrykin, Chair of the Investigative Committee, and the Investigative Committee

We, citizens of Russia, demand an end to the political terror unleashed against our country’s people by law enforcement agencies.

On July 27, 2019, a peaceful rally in defense of our constitutionally guaranteed voting rights took place in Moscow. In response to the rally, the Russian Investigative Committee has launched a criminal investigation into “rioting.”

According to Article 212 of the Russian Criminal Code, riots involve violence against citizens and public officials, property damage, arson, and mayhem. However, nothing of the sort happened in Moscow on July 27, 2019.

On the contrary, voters demanded that Russia’s laws should be upheld and candidates who had previously been barred should be allowed to stand in the elections to the Moscow City Duma. The “disorderly conduct” cited by investigators cannot be defined as a “riot” either according to the letter of the law or in terms of common sense.

Despite what the Russian Constitution says, people who peacefully defended their rights have now been subjected to criminal prosecution for their beliefs.

Article 29 Part 3 of our country’s basic law states, “No one may be forced to express his views and convictions or to reject them.”

We believe the criminal investigation into rioting is being used to intimidate the people of Russia. It is tantamount to banning our voting rights.

As of August 5, peaceful protesters Sergei Abanichev, Vladislav Barabanov, Yegor Zhukov, Kirill Zhukov, Yevgeny Kovalenko, Daniil Konon, Alexei Minyaylo, Ivan Podkopayev, and Samariddin Radzhabov have been remanded in custody as part of the riot investigation for no reason whatsoever.

None of them has admitted their guilt.

We are aware of the impending arrests of our family members, friends, and colleagues.

We also know the fabricated evidence in the case is based on information extracted from telephones that were illegally confiscated from citizens detained during peaceful protests.

If the Investigative Committee uses its authority to unleash political terror against its own people, it would not go unnoticed. Massive abuse of the law for political ends would have long-term tragic consequences for our country, as evidenced by the history of the twentieth century.

Criminal prosecution cannot be a means of settling scores with political opponents. It will provoke a further escalation of the civil conflict in Russia.

On the basis of Article 24.1.1 of the Russian Federal Criminal Procedure Code, we demand the authorities drop the investigation into the “riot” in Moscow on July 27, 2019, in view of the obvious fact that no crime was committed.

Who We Are
Founded in 1993, Novaya Gazeta is a Russian newspaper known all over the world for its investigations of high-level corruption and special reports from hot spots. We have won a Pulitzer Prize and been nominated for a Nobel Prize. Our staff includes journalists Elena Milashina, Olga Bobrova, Roman Anin, Elena Kostyuchenko, Pavel Kanygin, and Ilya Azar. Yulia Latynina, Dmitry Bykov, Irina Petrovskaya, and Slava Taroshchina are among our regular contributors. In 2018, our editorial staff and friends of our newspaper launched a partnership campaign. To date, 20% of the newspaper’s expenses have been covered by personal donations from over seven thousand of its readers.

Image courtesy of Kirill Martynov and Change.org. Translated by the Russian Reader

Moscow: Where Waving Your Arms Energetically Is a Felony

barabanov.jpgVladislav Barabanov in the dock at the Presna District Court in Moscow earlier today. Photo by Elizaveta Pestova. Courtesy of Yegor Skovoroda and Mediazona

Yegor Skovoroda
Facebook
August 5, 2019

The Presna District Court has remanded three more people in custody as part of the Moscow “riot” case. It became clear during the hearings how they had warranted being charged with involvement in rioting, punishable by up to eight years in prison under Article 212.2 of the Russian Criminal Code.

Daniil Konon, 22, a student at the Bauman School, waved his arms energetically and showed people on the streets where other protesters had gone. (Ren TV has posted a video denunciation of Konon.) Thus, the Investigative Committee argued in court, Konon “coordinated” the riot, a riot that, in fact, never took place.

67517382_2194384337353952_1659775525830262784_oDaniil Konon in the dock at the Presna District Court today. Photo by Anna Kozkina. Courtesy of Yegor Skovoroda and Mediazona

Vladislav Barabanov, 22, an anarchist from Nizhny Novgorod, also, allegedly, “coordinated” the pogrom that wasn’t. However, field agents from Center “E” cited a video in which Barabanov can be seen merely standing in the midst of other demonstrators. He is not even waving his arms.

Sergei Abanichev, 25, is a manager. His girlfriend says he enjoys helping homeless animals. What was his crime? He tossed an empty paper cup from Burger King towards the cops, who were coming at the protesters from all sides. That was it.

67903104_2194384357353950_7558604397521928192_oSergei Abanichev in the dock at the Presna District Court. Photo by Dmitry Shvets. Courtesy of Yegor Skovoroda and Mediazona

I overheard a conversation in the court building. A case investigator exited the courtroom.

“It’s fine. He’ll have to suffer for a month, that’s all,” he said to the mother of one of the men who had been remanded in custody.

“Aren’t you ashamed?” a young woman from the support group asked him.

“What, me? No. Are you?” he replied.

I really do not like high-sounding words like “captives” and “hostages,” but all these people, seized at random by the police, are, in fact, hostages. The security forces took them captive only to frighten all of us.

Don’t be afraid.

Free all political prisoners!

Today, we again covered the hearings simultaneously online, meaning we had several reporters working in the court building, and several working at the office. Covering events online is a lot of work and only your donations and support make it possible. This is going to be a big case, so do not forget to donate to Mediazona.

Yegor Skovoroda is a journalist at Mediazona. Translated by the Russian Reader

Shredding the Russian Constitution in Broad Daylight

"Irina Yarovaya" tears up Russian Constitution, Petersburg, July 4, 2016. Photo: David Frenkel
Russian MP “Irina Yarovaya” shreds Russian Constitution. Downtown Petersburg, July 3, 2016. Photo: David Frenkel

“Irina Yarovaya” Shreds Russian Constitution in Downtown Petersburg
Spring Movement (Dvizhenie “Vesna”)
July 4, 2016

This past Sunday, “Irina Yarovaya” shred the Russian Constitution on Nevsky Prospect in Petersburg. The people’s deputy was joined by characters from her package of “anti-terrorist” laws, who had come to life for the occasion: a postal worker vetting packages, a secret policeman wiretapping a light-minded young lady’s telephone conversations, and an involved ordinary citizen encouraging passersby to write denunciations on their friends, neighbors, and coworkers.

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“Postal worker” vets suspicious parcels. Downtown Petersburg, July 3, 2016. Photo: David Frenkel

The activists of the Spring Movement thus attempted to draw the attention of their fellow Petersburgers to the flagrantly repressive amendments to the Russian Criminal Code, tabled by a group of MPs led by Irina Yarovaya and now approved by both houses of the Russian parliament, the State Duma and the Federation Council.

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Passerby fills out “denunciation” form. Downtown Petersburg, July 3, 2016. Photo: David Frenkel

The package of amendments will not only deal a blow to our country’s constitutional foundations but will also require huge financial subsidies during tough economic times. The screws will be tightened at our expense, at the price of impassable roads, hospitals and kindergartens that will never be built, and pension savings that the state has been confiscating once again. No scientific progress, no innovations, and no quality education are in the cards for our country: only Yarovaya and her hardcore approach to lawmaking.

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“Secret policeman” wiretaps an unsuspecting young lady’s phone conversation. Downtown Petersburg, July 3, 2016. Photo: David Frenkel

If the president signs the Yarovaya package into law, “non-informing” will be criminalized, “inducing, recruiting or otherwise involving” others in the “organization of mass disturbances” will be punishable by prison terms, punishment for “extremist” posts on the web and monitoring of personal correspondence will become harsher, and postal workers will be obliged to vigorously vet parcels for prohibited items.

Translated by the Russian Reader. All photos by David Frenkel

Smolensk: Rehearsing the Revolution

In Smolensk, Riot Police Train to Disperse Rebellions by Residents Fed Up with High Utilities Bills
Znak
April 23, 2016

In Smolensk Region, the security forces have been training to disperse unauthorized rallies of local residents fed up with high utitilies bills. As reported by the local news website Smoldaily, law enforcement units, OMON (Special Task Police Squad) units, and SOBR (Rapid Deployment Task Force) units held training exercises on the campus of the Professional Training Center in Smolensk. According to the legend of the exercises, disgruntled residents in the village of “Zvyozdny” (Starry), having received excessively high bills, took to the streets for an unauthorized rally that turned into a riot.

Initially, officials of the district administration and local beat cops tried to explain the situation to the residents and call them to order, but no arguments could pacify the raging crowd.

Ultimately, the residents threw bottles and smoke bombs at the officials and policemen. To pacify the troublemakers, the special forces spread barbed wire around the perimeter of the site and split the crowd in two before kettling them.

The instigators of the riot were taken to a police station for further investigation, while an investigative team proceeded to seize material evidence and conduct an investigation.

It is reported that senior security forces officials present at the exercises noted the high level of training of the police officers in liquidating the riot and even suggested presenting awards to the most outstanding officers.

Translated by Stinky Shoes. Video and photos courtesy of Znak and SmolDaily.

Ilya Budraitskis: “Trial”

“Trial”
Ilya Budraitskis
July 24, 2014
OpenLeft.Ru

Udaltsov: four and a half years in prison. Razvozzhayev: four and a half years in prison.

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“You were paid to come here, right?” the girl in uniform at the entrance to Moscow City Court asked out of habit. Then came the long hours of standing with sympathizers, acquaintances, and strangers listening as the sentence in the trial of Sergei Udaltsov and Leonid Razvozzhayev was read out. The Bolotnaya Square case is only two years old, but it seems a whole lifetime has passed.

Slurring the words, Judge Alexander Zamashnyuk and his henchmen took turns reading out the full version of the idiotic detective story, a puzzle whose pieces have finally fallen into place: long-cherished dreams of violent revolution, the heady atmosphere of the Movement for Fair Elections, the connection with Georgian intelligence and clandestine seminars on how Maidan was organized (then it was still the previous Maidan), the columns of “anarchists and nationalists” on May 6, 2012, in Moscow, the “riots,” with all their participants and “hallmarks.”

The absurd picture of a conspiracy, which just recently provoked laughter, now finds support and understanding in the eyes of the frightened and brutalized “new Putin majority,” who seemingly think it is nice everything ended on May 6, 2012, and that the prison sentences and frame-ups are the price that must be paid for perpetual Russian stability.

Like the other Bolotnaya Square prisoners, Sergei Udaltsov is no longer a symbol of a movement that served its purpose but something much more than that. He is a reminder that resisting, dissenting, and undermining the false unity of the people and the state continue to be historical possibilities.

Free Sergei Udaltsov and Leonid Razvozzhayev!

A Muted Joy: Who Got Left Out of Putin’s Amnesty

Lenta.Ru
December 19, 2013
A Muted Joy
Four Defendants in the Bolotnaya Square Case Amnestied

The amnesty passed yesterday by the State Duma has enabled charges against four defendants in the Bolotnaya Square case to be dropped. Today, December 19, opposition activist Vladimir Akimenkov and journalist Leonid Kovyazin, who had been held in a remand prison for over a year, were released. Human rights activist Nikolai Kavkazsky was released from house arrest, and charges were likewise dropped against Maria Baronova, who had been under travel restrictions. Our correspondent went to the hearing at the Nikulinsky District Court in Moscow to see how the “prisoners of Bolotnaya” were freed.

Lawyers and journalists waited for the hearing to begin in a small, five-table cafe on the first floor of the Nikulinsky District Court. It had been known since yesterday evening that motions to amnesty four defendants in the Bolotnaya Square case—Maria Baronova, Vladimir Akimenkov, Nikolai Kavkazsky and Leonid Kovyazin—would be filed today. The four had been charged under sections 2 and 3 of Article 212 of the Criminal Code (participating in rioting and incitement to riot). Yesterday, the State Duma amended the president’s amnesty bill, extending it not only those convicted of such crimes but also to suspects and defendants charged under this article. However, the hearing had already been delayed by two hours and the people in the cafe were nervous.

Someone suggested the motions would not be accepted until Vladimir Putin’s press conference was over, because Judge Natalya Nikishina was waiting for a go-ahead from the Kremlin. Someone else claimed that traffic jams were to blame: because of them, the defendants had not been delivered to the court on time.

“In our difficult times, any delay gives rise to conspiracy theories,” lawyer Sergei Badamshin said by way of summing up.

When asked whether the four defendants would be released, lawyer Vadim Klyuvgant answered quite cautiously.

“It often happens that courts like to drag things out until the verdict. In Russia, the authorities don’t like letting people go. Today, I heard that some lady from the Federal Penitentiary Service said that for Nadya [Tolokonnikova] to be amnestied they would need a paper from child protection services saying that Nadya had not been deprived of her parental rights. Can you imagine? What grounds do they have for suspecting her of this? Her daughter has a birth certificate in which Nadya is identified as the mother. But in Russia, if they don’t want to let someone go, they always come up with an excuse.”

Dmitry Agranovsky, Vladimir Akimenkov’s lawyer, was categorical.

“I prepared the draft amendments to the amnesty bill along with MPs from the Communist Party. We ensured that the cases against people eligible for amnesty who have been charged under Article 212 would be dropped not after the verdict, but at the stage where they are currently are. From a legal perspective, Akimenkov should be released today, end of story. Since yesterday, there has no longer been any need for his detention. His complaint has already been filed with the European Court of Human Rights, and if he’s kept in the remand prison even for a day after the amnesty bill is published, that will be tantamount to a real abuse of power, since they are no legal grounds for detaining him. He should be released in the courtroom.”

Agranovsky recited [the final stanza of Pushkin’s poem “Deep in Siberian mines”] with expression.

“The heavy fetters will fall, / The jails will crumble. And freedom / Will joyfully hail you at the entrance, / And brothers will give you back your swords.”

Lawyer Alexei Vetrentsev, who was representing defendant Leonid Kovyazin, did not think his client would be released today.

“I think Leonid will be released from the remand prison only tomorrow. There’ll be paperwork at the prison, and he’ll have to gather his things.”

The expression on Vetrentsev’s face was extremely sad.

“For us, the amnesty is a good decision, but I feel embarrassed before the others. It is inhuman to carry out an amnesty this way, releasing some people while others are left in jail.”

Nine other people were to appear with his client in the cage for defendants at the Nikulinsky District Court. Only two of them, Kovyazin and Akimenkov, were supposed to be released. Baronova, the mother of a young child, had been under travel restrictions, while Kavkazsky had been under house arrest.

“I’m ashamed, but I’m glad, and that’s an objective feeling,” said Baronova. “You can feel as guilty as you like because the others aren’t being let out, but now for the first time in two years I can leave the country for at least a few days. I’m looking here at names of banks that give consumer loans for the New Year holidays, so I can go to Berlin.”

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(Left to right) Sergei Krivov, Stepan Zimin, Denis Lutskevich, Andrei Barabanov and Artyom Savyolov. Photo: Gennady Gulyaev/Kommersant
Anatoly, grandfather of anarchist Alexei Polikhovich, another defendant, sat motionless not far from Baronova. Anatoly’s grandson was first charged under “amnestied” Article 212, for involvement in rioting. But after a press conference last year in which President Vladimir Putin spoke out strongly against people who had [allegedly] assaulted police officers, Article 318 (“use of violence that does not endanger human life or health […] against a representative of the authority”), the standard charge, was added to the charges against Polikhovich. Riot police officer Igor Tarasov had then suddenly remembered that at the May 6, 2012, rally, Polikhovich had “hit him in the wrist, causing severe pain.”
Immediately after the defendants were brought into the courtroom, the four lawyers moved to have their clients released in connection with the amnesty decree published yesterday in [official government newspaper] Rossiiskaya Gazeta. The appeals were wholly supported by the prosecution. Judge Natalya Nikishina then asked whether the appeals were supported by the remaining defendants not covered by the amnesty—that is, Polikhovich, Alexandra Dukhanina, Denis Lutskevich, Stepan Zimin, Sergei Krivov, Andrei Barabanov, Yaroslav Belousov and Artyom Savyolov.

Polikhovich replied by chuckling ironically a few times, but the other defendants unanimously seconded the appeals. Stella Anton, Denis Lutskevich’s mother, wept loudly. Twenty minutes later, Judge Nikishina returned to the courtroom and read out her decision: to grant the motions and dismiss the criminal charges.

The first to exit the courtroom was Leonid Kovyazin. His wife Yevgenia threw her arms around him.

“The guys aren’t getting out, and that’s bad,” said Kovyazin, now free. “My joy is severely muted for this reason.”

When asked what conditions had been like for him in the Butyrka remand prison, Kovyazin answered calmly.

“At first, I had conflicts in the remand prison. Then I got used to it: the only tough thing was the waiting. Other than that, the people in prison, who are mostly there on drugs charges, are often quite outstanding. Incidentally, I was surprised it wasn’t only young people who used drugs: there were fortysomething men in jail with me who told me how they had got hooked on heroin on their birthdays. Basically, I can’t say anything good about jail: any term of imprisonment means stress, unhappiness and a few years deducted from your life. For example, it is physically painful to ride in the paddy wagon: it is very cold in winter, and extremely hot in summer.”

Kovyazin had been accused of overturning portable toilets that had been set up in Bolotnaya Square during last year’s May 6 rally, which ended in massive clashes between protesters and police. Kovyazin was frank about his actions that day.

“I had gone to the square to shoot video for the Vyatsk Observer newspaper, but then I lost my cool. When I saw the case materials, the video shot from above, I noticed that at the moment [when police dispersed the rally] only around fifty people remained in the square, but the police were on both sides. I had shot scenes of people being beaten by the police, but then I had put away the camera and yet was unable to leave. Perhaps that was my mistake: the camera distances you from what’s happening, but when you’re involved in the events, it’s different.”

Kovyazin did not deny that he had pushed the toilet stalls.

“It was an emotional decision. After the fact you can discuss it at length and reflect on it, but when you see [people being beaten] . . . I was caught up in the action. Later, when the task force came to arrest me, I said to my brother, ‘See you in five years.’ Fortunately, that hasn’t come to pass.”

After a pause, Leonid continued.

“If I could play it back, I would do what I did, only I would have gone without the camera. As Vova [Vladimir Akimenkov] joked to me, ‘When you get out, the journalists are going to slap you first, then shake your hand.’ Because that kind of involvement is, of course, a violation of professional journalistic ethics. But I don’t believe I was involved in rioting.”

“There was no rioting in the square,” asserted Nikolai Kavkazsky, one of the amnestied defendants and a lawyer with the human rights organization Civil Assistance. “It is obvious to everyone that on May 6 there was a sanctioned march and rally that the authorities wanted to disrupt. People who went to that rally are now on trial, but not the policemen who actually violated the law, which prohibits dispersing rallies. What happened to me, for example? I saw a police officer hitting some unknown people with a truncheon. He was beating them severely, you might say. I went up to the police officer and wanted to say to him, ‘Why are you violating the law on police conduct? Why are you beating citizens?” But I didn’t manage to say anything. He raised his truncheon. I wanted to cover myself with hands, but the blow landed on my arm, and to protect myself from this police officer, I lifted my leg. That was it.”

Kavkazsky was arrested on July 25, 2012, when he left his home to buy new pants. (He never did buy those pants.) Later, in the remand prison, he found that the hardest thing to endure was being cut off from the familiar, everyday world.

“When you’re cut off from the phone and Internet, from interacting with your usual circle of people, you feel completely isolated. That’s the scariest thing. And there’s not knowing. Conditions in prisons are horrible: they’re not meant to observe human rights but to violate them. Everything is forbidden there. Why do they forbid you from listening to music you want to listen to? Why can’t you put duvets on your blankets? Why can’t you eat the food you like?”

Kavkazsky spent nearly a year in the remand prison. He was switched to house arrest only in August of this year because endocrine disorders he suffers from had flared up while he was in custody.

Vladimir Akimenkov, an activist with the now-routed Left Front, was also released from the remand prison on Thursday. At first, he had wanted to turn down the amnesty.

“It’s a Byzantine decision: they’re planning to release some and not others. I don’t understand how I’m better than the others, why guys who have become real comrades to me, people with serious health problems, including fathers and men separated from their other halves, have to be in prison.”

His lawyer convinced Akimenkov to sign the appeal. He did not consider himself guilty.

“I did none of the things I’ve been charged with. I was not involved in a riot that, incidentally, did not happen.”

Akimenkov looked out the window and rubbed his wrists.

“I find it strange to go outside, strange to feel my hands without handcuffs on them. But after I find a job, I’ll be going to the Bolotnaya Square trial, making care packages, giving money and doing everything possible to ensure there is not a single political prisoner in this country.”

In the very near future, Akimenkov plans to attend another trial, that of Left Front coordinator Sergei Udaltsov, accused of organizing the “riot” in downtown Moscow a year and a half ago. The court has yet to begin examining the charges against him.

Svetlana Reiter

NB. The original article features a four-minute video of the December 19 court hearing and its aftermath.

“In short, all those who traditionally cause problems for the police”

You’ll be hard pressed, for better or worse, to find much of anything in the English-language press (except, tellingly, in The Daily Mail) about this past weekend’s clashes between people defending the Rote Flora cultural center in Hamburg and the police, but the hyper-reactionary Russian mainstream media has been furiously sending out foaming-at-the-mouth dispatches to its subjugated target audience that include telltale verbal gems like this:

Здание оккупировали леворадикальные группировки, иммигранты, панки, рокеры, бездомные — в общем, все те, кто традиционно доставляет проблемы полиции.

(“The building was occupied by radical leftist groups, immigrants, punks, rockers, homeless people—in short, all those who traditionally cause problems for the police.”)

Meanwhile, at Putinist state-controlled cable network RT, the best friend of “anti-imperialist” rebuhlooshinaries the world over since 2005, you can purchase video footage of the clashes starting at fifty euros.