Leonid Volkov: The List

list-2.jpegA screenshot of Rosfinmonitoring’s list of “extremists” (5 August 2018)

Leonid Volkov
Facebook
August 3, 2018

I hadn’t come across this subject before, but it’s completely hellish. It has to do with the conveyor belt of arrests in Barnaul of people who posted memes on social networks. By the by, you read that each of these people, who has been charged with “extremism” for posting funny pictures on VK, is placed on Rosfinmonitoring’s list of people who are, allegedly, accomplices to terrorists.

The list is no joke at all. All your bank accounts and bank cards are blocked, and you cannot open new accounts and get new bank cards. No one can transfer money to you. You cannot be employed anywhere. You cannot take out more than 10,000 rubles [approx. 136 euros] in cash per month from own bank account, so go ahead and live high on the hog.

The kicker is that people are placed on the list without a court order. So, you are charged with a crime and you wind up on the list.

I took a glance at the list: there are 8,507 people on it. Eight thousand five hundred and seven people.* The list really does include “5203. Motuznaya, Maria Sergeyevna, born 26.8.1994, Barnaul, Altai Territory.” Maria Motuznaya is the young woman who broke the story about the Center “E” officers and their informers in Altai Territory.

Of course, Rosfinmonitoring could definitely not care less about the laws on personal information. While you are tortured and fined, they quietly hang you out to dry on their list.

By the way, the list is called the “List of Persons about Whom There is Information of Their Involvement in Extremism or Terrorism,” and its URL is even more telling: http://www.fedsfm.ru/documents/terrorists-catalog-portal-act. So, a state agency, Rosfinmonitoring, labels 8,507 people “terrorists” just like that. It is obvious the majority of them have been placed on the list in the absence of a court ruling, because even when you take into account all the “terrorists” the FSB has dreamt up, actual terrorist cases have probably not amounted to a tenth of this number.

If you’ve been added to the list, there’s no going back. The web page containing the list also features a list of people who have been removed from the list: there are fourten such people.  I don’t know whether this is the number of people who have been removed from the list since it was established or over the last year. In any case, it is less than 0.2% of 8,507.

It’s probably no coincidence the number of acquittals in Russian courts is roughly the same percentage.

Anyone can end up on the list merely for posting a meme. There is no investigation, no trial, no explanations. Wham! Just like that you’re a “terrorist,” a lowlife excluded from modern society.

It’s a horrible thing.

* Since Mr. Volkov wrote this post, two days ago, Rosfinmonitoring seems to have added another nine people to the list.

Leonid Volkov is project manager at Navalny’s Team. Thanks to Yevegnia Litvinova for the heads-up. Translated by the Russian Reader

You’ve Lost Control Again

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Black Lists and Total Monitoring: Agora’s New Report on the Surveillance of Russians
A person’s life is utterly transparent to the secret services
Damir Gainutdinov
Republic
August 22, 2017

The Agora International Human Rights Group has released a report entitled “Russia under Surveillance 2017: How the Authorities Are Setting Up a Total System for Monitoring Citizens.” Damir Gainutdinov, the report’s co-author, discusses its key points. The Russian state has been harvesting an unprecedented amount of information about its citizens and wants to collect other kinds of information. It maintains a system of black lists that categorize different types of citizens and has been engaged in a relentless assault on internet anonymity. (You can read the full report in Russian.)

In recent years, Russia has been assembling a complex system for monitoring grassroots activists, reporters, and members of the opposition, a system that encompasses at least several thousand people. Under the pretext of public safety, and fighting extremism and terrorism, the security forces have been monitoring people’s movements around the country and when they cross national borders, wiretapping their phone conversations, intercepting their SMS and email messages, staking them out and surveilling them with audio and video equipment, and analyzing and systematizing biometric information. They have made vigorous use of illegal methods, for example, hacking internet accounts.

The key problem is the absolute lack of control over the state’s invasion of our private lives. The courts rubber stamp decisions taken by the security services. There is almost no chance of successfully challenging the decisions in court. Hence, over the past ten years, the courts have on average approved 98.35% of motions by the state to limit a person’s privacy of correspondence. The upshot is that any law-abiding resident of Russia is now constantly exposed to the risk of arbitrary access to her private life through the internet, mobile telephones, video surveillance, random contacts with the police, when using money, pubic transportation, and driving her car, and applying for a job at a number of workplaces, as well as traveling abroad, carrying weapons, and exercising her other rights.

Privacy and the presumption of innocence are meaningless, and the intensity of the interference has been constantly increasing. The number of requests to eavesdrop on telephone conversations and intercept correspondence have alone more than tripled since 2007.  A person is faced with a choice: either accept total surveillance as a given or look for ways of guarding her privacy. The state, however, regards the latter as illegal, the attempt to hide something criminal.

Complusory Biometrics
The Russian authorities have been vigorously engaged in gathering biometric information: fingerprints, DNA samples, and photographs. By law, this can be done without the individual’s consent if it is a matter of national security, for example. Aside from voluntary fingerprinting (anyone can go to a police and submit his fingerprints), the procedure is obligatory for a large number of people ranging from security services officers to people applying to work as private detectives, from suspects in criminal cases to people who have only committed administrative offenses if there is no other way to identify them, from large numbers of foreigners to stateless persons. Since 2015, anyone over the age of twelve who applies for a biometric foreign travel passport must also submit prints of two fingers. Meaning that, currently, we are talking about at least 25 million people. [Russia’s current population is approximately 143 million.]

Despite the clear list of grounds for compulsory biometric registration, there are regular reports of patently illegal attempts to fingerprint, photograph, and do saliva swipes for DNA tests. Participants of public events such as protest rallies, political activists, and reporters have been the victims of these attempts.

For example, on March 23, 2017, in Moscow, police detained supporters of Alexei Navalny who were handing out stickers in support of his campaign to be allowed to run in the 2018 presidential elections. The detainees were all taken to the Arbat Police Precinct for “preventive” discussions, during which the information in their internal passports was copied and they were fingerprinted. In another incident, which took place on April 6, 2017, at a market in Simferopol, around fifty people of “non-Slavic appearance” were detained, allegedly, because they were mixed up with Crimean Tatar activists in Crimea. Lawyer Edem Semedlyaev said all the detainees were forcibly fingerprinted, photographed, and swabbed for DNA samples.

Video Surveillance
As of 2015, the so-called Secure City complex has begun to be installed in all regions. Secure City is an extensive system of video surveillance and facial recognition. In Moscow alone, 184.6 billion rubles [approx. 2.6 billion euros] have been allocated on implementating the program until 2019. As of 2016, 86.3% of residential neighborhoods in Moscow were covered by CCTV systems. 128,590 cameras had been installed, 98,000 of them in stairwells. The Secure City video archive is stored for five days, and direct access to the recordings is enjoyed not only by the Interior Ministry [i.e., the police] but also by other state agencies.

Under the pretext of getting ready for international sports events, the authorities have improved their surveillance capacities. Sports complexes are equipped with CCTV systems featuring facial recognition functions, even in towns not hosting sporting events. Moscow’s railway stations have been expanding the areas covered by cameras that identify faces and record car license numbers. The Russian government has issued a decree ordering local authorities to draw up lists of places where more than fifty people can gather. They all must be equipped with CCTV systems. The recordings will be stored for thirty days.

Special systems for identifying people have been used at authorized public events [i.e., permitted protest rallies]. For example, officials have admitted they could have identified absolutely everyone who passed through the inspection line on June 12 on Sakharov Avenue.

Tracking Movements
When you buy a ticket, stay at a hotel or use public-access Wi-Fi in Russia, you are informing the regime about your whereabouts.

When you have anything to with with almost any form of long-distance public transportation, the authorities will at very least learn your name, date of birth, type and number of identity card, sex, nationality, departure and destination points, route, and other information using a round-the-clock interactive system.

The practice of scanning passports is widespread in hotels, since management is obliged to inform the Interior Ministry about the registration of guests within twenty-four hours.

The information obtained is sufficient to determine the whereabouts of a person of interest at any moment. The information is used, among other things, to track the movements of activists and human rights workers, and exert pressure on them. This was how Agora lawyer Alexander Popkov was followed when he arrived in one of the regional centers of Krasnodar Territory to take part in the trial of a police officer accused of rape and murder. Arrivign at the train station, Popkov was swiftly met by police investigators, who immediately informed him he was listed in a Russian Interior Ministry database, and so they wanted to know his purpose for visiting the city. The policemen knew his route and means of transportation, his place of residence, and the particulars of his documents.

Eight Years of Administrative Supervision
In May 2017, the use of administrative supervision for persons released from imprisonment increased. A court has ordered that an acknowledged political prisoner, Tatar activist Rafis Kashapov, will be placed under administrative supervision for eight years after being released from prison. In 2015, Kashapov was sentenced to three years in a prison colony for publishing texts critical of Russia’s actions in Ukraine. Now, after he is released, Kashapov must register with the police within three days, inform them of all his travel plans and changes of places of residence and work, and report to a police station to give testimony when required by the police. Police officers can conduct individual preventive work with him, ask his employer about his behavior, freely enter his house, and forbid him from making short trips even, for example, when a relative dies.

In addition to administration supervision, which is on the record, there is also clandestine surveillance. Formally, putting someone on preventive registration is part of the beat cop’s routine work. In practice, it has turned into a means for surveilling “suspicious” people, which includes not only ex-cons and registered drug addicts but also people who have committed crimes against public safety at mass events [i.e., committed minor or wholly fictitious infractions at protest rallies], as well as members of “informal youth organizations.”

Lists of the Disloyal
Aside from putting people on preventive registration, the Russian authorities maintain a number of different lists and databases, chockablock with “unreliable” people and organizations. If you end up on one of these lists, you are guaranteed increased attention from law enforcement, including constant checks, detentions, and inspections. Here are only a few of these lists.

Rosfinmonitoring (Federal Financial Monitoring Service) publishes a list of organizations and peoples involved, allegedly, in extremism or terrorism. The list includes the names, dates and places of the birth of the people, and the relevant information about the organizations. A court order banning an organization or sentencing someone for a crime is not required for inclusion on the list. The list features not only people convicted of terrorism but also people suspected of terrorism. It suffices that a prosecutor or the Justice Ministry has suspended an organization’s work or brought charges or declared someone a suspect in the commission of one or more of twenty-two crimes listed in the Criminal Code, including the most “popular” anti-“extremist” crimes. Currently, the list includes 7,558 Russian citizens, 411 foreign nationals, and 182 organizations.

Inclusion in the list means the state has total control of your financial transactions and disposal of your property. All transactions to which a person on Rosfinmonitoring’s list is a party are subject to mandatory control by banks. If they fail to exercise this control, they will be punished by the Russian Central Bank. By default, all transactions are frozen, but you can spend 10,000 rubles per month per family member [approx. 143 euros]  from the wages you earn, and you can also spend the welfare payments you receive. It often happens that people placed on the list discover it after the fact, when they call the bank to find out why a transaction has not been completed.

Of course, there is also the list of NGOs declared “foreign agents,” which the Justice Ministry requires to submit additional reporting on property, expenditures, and management. The Justice Ministry also keeps lists of “undesirable” and “extremist” organizations (currently, there are 11 and 61 of these organizations, respectively). When they are accorded this status, the authorities are obliged to identify their rank-and-file members. When it is a matter of large organizations, thousands and, sometimes, hundreds of thousands of people find themselves targets of surveillance. Thus, in the wake of the banning and forced closure of the Jehovah’s Witnesses in Russia in 2017, up to 150,000 of its followers in Russia face the prospect of criminal investigations and criminal prosecutions.

Groups that used to be on the periphery of public life, for example, football fans, have also faced increased attention from the authorities. After a law was amended in 2016, the Interior Ministry began publishing lists of people banned from attending sporting events. The listed included 319 names at the the end of July.

Schoolchildren are yet another group that has faced increased police surveillance. Thus, in the Education Ministry’s recommendations on criminal subcultures [sic], schoolteachers are practically delegated the role of police investigators vis-à-vis minors. They are obliged to divulge information to the police about the private lives of their pupils and their families. This means that the children are entered into the record and put in various police databases.

The Attack on Anonymity
In 2016, the authorities launched a vigorous campaign against anonymity on the internet. The so-called Yarovaya anti-terrorist package of amendments to existing laws could have supplied the secret services with unsupervised access to all communication among users if it were not for the resistance of some providers and standard end-to-end encryption. The Yarovaya package continued the policy of nationalizing and deanonymizing the Runet, which could provide full control over the information flows inside Russia.

The next steps were the laws on messengers and anonymizers, signed by the president on July 30, 2017. The first law, in particular, stipulates the obligatory identification of users by mobile telephone numbers. The second law is essentially an attempt to establish total control over anonymizers and VPNs.

In August 2017, the Communications Ministry published draft requirements for internet providers, as listed in the register of information distribution companies. The draft includes a list of information that must be accessible to the FSB (Federal Security Service): the date and time the user was registered, and the latest update of the registration form; nickname, date of birth, address, full name, passport particulars, other identity documents, languages spoken, information about relatives, and accounts with other providers; the receipt, sending, and processing of messages, images, and sounds; recipients of messenges; financial transactions, including payees, amounts paid, currency, goods and services paid for; and client programs and geolocation information, among other things. Providers are required to store and transmit to the security services not only sent and received messages, but draft messages as well.

And yet public opinion polls show the majority of Russians are not terribbly worried about maintaining privacy for the time being. [Russian opinion polls are worthless as measures of real opinion—TRR.] For activists, reporters, and members of the opposition, however, the refusal of internet companies to cooperate with the authorities and the capacity to withstand hacking are the only guarantees of their security.

Without access to encrypted correspondence, the Russian state, apparently has had to resort to the services of hackers. Thus, on October 11, 2016, Google and Yandex warned several dozen activists, reporters, and NGO employees about an attempt by “pro-government hackers” to hack their accounts.

The Burden of Information
Despite establishing legal grounds for harvesting information about nearly everyone in Russia, there is a huge amount of evidence the regime is technologically and financially incapable of gathering, storing, and qualitatively processing it.

The most obvious example of this is, perhaps, the Yarovaya package itself. During an economic crisis, the authorities are clearly not willing to incur the huge expenses required to implement the entire range of e-surveillance of the populace, which, according to various estimates, could cost from 130 billion rubles [approx. 1.86 billion euros] to 10 trillion rubles [approx. 143 billion euros]. Consequently, the duties of collecting and saving traffic have been sloughed off onto the telecoms and internet providers, who are likewise not at all happy about such a “gift” and have already begun to raise their rates. Meaning that the surveilled themselves have been asked to pay for the ability of the secret services to read their correspondence and view their personal photographs, to pay a kind of “shadowing” tax. Meanwhile, since more than half the world’s internet traffic is already transmitted in encrypted form, the regime, even though it has access to exabytes of user correspondence, has been forced to demand that providers supply them with encryption keys.

Aware of its limited resources, the Russian state has focused on more diligent work with specific groups. Hence, the enthusiasm over different types of black lists, as well as the delegation of surveillance duties to telecoms, internet providers, banks, and transportation companies. On the one hand, they have access to the information; on the other hand, they depend on the state, make their money from government contracts or receive their licenses and permits from the state.

The authorities are willing to chuck the black lists, which have proved ineffective, just as they gave up on the bloggers register. This would enable them to focus resources on various risk groups. When necessary, they could include people of special interest in the groups while surveilling the populace as a whole.

Consequently, the security departments of many commercial organizations have been ratting on their clients to the security forces, headmasters have been forced to gather dirt on schoolchildren, and internet providers to monitor the traffic of users. Even as it stores this growing mountain of information on Russians, the authorities care little for their safety. Increasingly, user data has become publicly accessible, often deliberately.

Damir Gainutdinov is a legal analyst at Agora. Photo and translation by the Russian Reader

No Poet Is Illegal, No Poem Is Extremist

Poet Alexander Byvshev. Photo courtesy of OVD Info
Poet Alexander Byvshev. Photo courtesy of OVD Info

New Criminal Charges Filed against Ex-Schoolteacher Alexander Byvshev
OVD Info
January 17, 2017

On January 17, 2017, police searched the house of ex-schoolteacher Alexander Byvshev in the village of Kromy, Oryol Region. During the search, law enforcement officers confiscated a computer and other information storage devices. After the search, the suspect was interrogated at the local office of the Russian Investigative Committee.

As Alexander Podrabinek wrote on his Facebook page, Byvshev has again been charged under Criminal Code Article 282 (inciting enmity or hostility, as well as humiliation of human dignity). The charges were filed in connection with Byvshev’s poem “On the Independence of Ukraine,” which was published in February 2015 in several Ukrainian periodicals. As Byvshev himself noted, the poem is a “polemical response” to Joseph Brodsky’s eponymous poem.

On July 13, 2015, the Kromy District Court found Byvshev guilty of inciting ethnic hatred (Criminal Code Article 282.1) and sentenced him to 300 hours of compulsory labor for writing poems supporting Ukraine. He was also forbidden to work as a schoolteacher for two years. In autumn 2014, after one of Byvshev’s poems was declared extremist, Rosfinmonitoring placed Byvshev on its list of terrorists and extremists, and his bank accounts were blocked.

Translated by the Russian Reader

Police Officers Are a “Social Group” in Russia

Activist Tsvetkova Sentenced to Year of Corrective Labor for Leaflet about Police 
Grani.ru
May 31, 2016

Elizaveta Tsvetkova. Photo on her personal page on Vkontakte
Elizaveta Tsvetkova. Photo from her personal page on Vkontakte

Taganrog City Court Judge Georgy Serebryanikov sentenced 31-year-old local resident Elizaveta Tsvetkova to a year of corrective labor for disseminating leaflets criticizing the police, reports Caucasian Knot. As published on the court’s website, the verdict stipulates that fifteen percent of Tsvetkova’s wages will be docked by the state for a year. The activist has also been charged 6,000 rubles in court costs.

Serebryanikov found the defendant guilty under Criminal Code Article 281.2 (incitement of hatred or enmity toward the social group “police officers”), which stipulates a maximum punishment of four years in a penal colony.

During closing arguments on May 16, Taganrog Deputy Chief Prosecutor Vadim Dikaryov asked that Tsetkova be sentenced to one year in a work-release colony. Serebryanikov thus imposed a lighter sentence than was requested by the prosecution.

The activist, however, pleaded not guilty. During her closing statement, on May 27, she stressed she had protested the illegal actions of law enforcement officers. She reminded Judge Serebryanikov of high-profile criminal cases against policemen, including the cases of Major Denis Yevsyukov and the Dalny police station in Kazan.

Lawyer Yuri Chupilkin had also asked the court to acquit his client.

Initially, the reading of the verdict in Tsvetkova’s trial had been scheduled for May 30. However, an hour before the scheduled hearing, the activist was called and informed it would be postponed. The reasons for the delay were not explained to the defendant.

It is unclear whether Tsvetkova would appeal the verdict.

Charges were filed against the activist in January 2015. According to investigators, Tsvetkova downloaded a leaflet criticizing the police from the Vkontakte social network, printed it out, and the day before Law Enforcement Officers Day, in November 2014, posted it at public transport stops and on street lamps.

The investigation was completed in August 2015. However, in September, the acting Taganrog city prosecutor uncovered numerous legal violations in the investigation, refused to confirm the indictment, and sent the case back to the Russian Investigative Committee. The indictment was confirmed the second time round, in November.

However, investigators ignored a sociological forensic study, carried out by Professor Vladimir Kozyrkov at Nizhny Novgorod University. Professor Kozyrkov rejected claims that police officers constitute a social group.

At preliminary hearings in December, Chupilkin insisted on striking a number of pieces of evidence from consideration, in particular, studies done by the regional interior ministry. Judge Serebryanikov, however, rejected the defense’s motions.

The hearing on the merits began on January 15, 2016. During the April 20 hearing, Viktor Chernous, a sociology professor at Southern Federal University in Rostov-on-Don, subpoenaed as an expert witness, also testified that police officers were not a social group, and consequently there had been nothing criminally culpable in the actions imputed to the defendant.

In turn, Elizaveta Koltunova, an assistant professor of linguistics at Nizhny Novgorod University, who was subpoenaed as an expert witness, noted that she could find nothing extremist about the leaflet that had led to the charges filed against Tsvetkova.

Rosfinmonitoring has included Tsvetkova in its list of terrorists and extremists and blocked her bank account.

* * *

An excerpt from the closing statement of activist Elizaveta Tsvetkova (Taganrog) at her trial on charges of extremism, May 27, 2016:

I still think that escapades like my own, the case in Stavropol involving the [alleged] offense to the feelings of religious believers, and other cases, have caused no real harm, but the outcome is that our law enforcement system acquires the image of a satrap for some reason. In addition, people are distracted from real dangers such as identifying terrorists. Perhaps I am an overly sensitive person, but it seems to me that one cannot remain indifferent after such high-profile cases as that of Major Yevsyukov, who gunned down civilians in a supermarket, and the case of torture at the Dalny police station, where a man died. These cases would cause anyone to have a negative attitude towards the illegal actions of police officers. I remain convinced that cases of bribery, torture, and murder must be stopped. People should not be afraid of police officers who break the law and engage in rough justice, but should put a stop to their actions, report their illegal activists, and publicly criticize police officers. Only then we will live in a country under the rule of law and be able to improve life in Russia. Cliquishness and special privileges are always abnormal and generally unfair, especially when it comes to such questions. A divided society cannot function normally. We must realize that if people are be unable to stand up for their rights in any area, if they are forced to put up with lawlessness in policing, housing, and health care, we will never live in a civilized, well-developed country.

Translated by the Russian Reader

The Case of Ekaterina Vologzheninova: Watch What You “Like”

Click on the Button and Get a Sentence
Latest “Extremist” Reposting Case Goes to Court
Margarita Alyokhina
October 14, 2015
Novye Izvestia

Ekaterina Vologzheninova
Ekaterina Vologzheninova

The first hearing on the merits of the criminal case against Ekaterina Vologzheninova, who has been accused of extremism for reposts she made on the social network VKontakte, will take place on October 27. In addition to distributing “inflammatory” matter (consisting, in fact, of pictures and poems, supporting Ukraine, that are freely available on the Web), the 46-year-old single mother [from Yekaterinburg] has been accused of associating with “undesirable persons,” which included activists from Memorial and International Amnesty.

Vologzheninova has been charged under Article 282.1 of the Russian Federal Criminal Code (“incitement of hatred or enmity, as well as humiliation of human dignity”). The authorities began pursuing Vologzheninova after she shared several items on VKontakte. These items, we should note, have not been included in the Federal List of Extremist Materials.

Experts from the SOVA Information and Analysis Center have commented on the case against Vologzheninova on their website.

“The poem ‘Katsaps,’ whose main idea is that Ukraine’s ethnic Russians will defend it from Russia, contains accusations that the Russian authorities have attacked Ukraine, but there are no aggressive appeals in it. As for the poster, it obviously calls on Ukrainian citizens to defend the country from occupation.”

As usual, the preliminary hearing in the case was held in closed chambers.

“The prosecutor read out the indictment. But she read it out in an interesting way, omitting the most absurd paragraphs,” Vologzheninova’s attorney Roman Kachanov told Novye Izvestia.

During the hearing, the defense moved to send the case back to the prosecutor’s office, since, according to Kachanov, the indictment did not meet the requirements of the law. It did not make clear what the charges were.

“The conclusion states that [Vologzheninova] committed acts aimed at inciting hatred and enmity on the basis of race, ethnicity, and origin. As for race and origin, we did not understand that at all. But as for ethnicity, the indictment turns on the social group ‘Russians,’ although in the items at issue, ethnic Russians, on the contrary, are assessed positively; it is argued that it is wrong to oppose Russians to Ukrainians. In one text, Russians fighting in the Armed Forces of Ukraine are mentioned proudly,” Kachanov told Novye Izvestia.

According to Kachanov, the indictment accuses Vologzheninova of inciting hatred toward the social group “Moscow occupier” [sic]. It also features the phrase “ethnic hatred and enmity toward the public authorities.”

Earlier, during the investigation, Vologzheninova had also been reproached for associating with “undesirable persons,” human rights activists from Memorial and Amnesty International.

“Formally, such charges were not brought against her, because there is no such crime. At the very end of the investigation, however, [Vologzheninova was interrogated] by a FSB field officer by the name of Khudenkikh. And he, apparently wanting to generate a negative psychological atmosphere, accused her of having dealings with Memorial, which is a ‘foreign agent,’ and with Open Russia, which is funded from the west,” Kachanov told Novye Izvestia.

According to him, on the eve of the court hearing, it transpired that Vologzheninova’s bankcard had been blocked.

“The situation is this. By law, if a person is suspected of extremist or terrorist activities, his or her name is put on Rosfinmonitoring’s black list. A court sentence is not needed for this. But it does not always happen this way. I know people convicted of extremist crimes who have continue to have use of their bank accounts,” the lawyer explained.

According to him, a person who goes on the Rosfinmonitoring list stays there practically in perpetuity. For example, the slain terrorists Shamil Basayev and Salman Raduyev are still on it. And since the list is openly accessible, for “extremists” like Vologzheninova it is an additional humiliation. As Novye Izvestia ascertained, Ekaterina Vologzheninova is indeed listed among terrorists and extremists on Rosfinmonitoring’s website.

Svetlana Mochalova, a linguist with the FSB’s crime lab in Sverdlovsk Region, performed the forensic examination in the case. As Novye Izvestia reported earlier, a whole string of verdicts in controversial “extremism” cases in the Urals have been based on her findings. Among them is the verdict in the case of Pervouralsk resident Elvira Sultanakhmetova, who was sentenced to 120 hours of community service for calling on Muslims not to celebrate New Year’s because it was, in her opinion, a pagan holiday. Mochalova identified “incitement of hatred and enmity towards persons who do not celebrate New Year’s, whose customs and festivals are manifestations of a lack of faith” [sic] in what Sultanakhmetova had written. In 2010, Mochalova found “statements calling for social strife and the violent overthrow of the Russian Federation’s constitutional order an integrity” in the article “Patriotism as a Diagnosis,” written by the attorney Stanislav Markelov, who had been murdered [by Russian neo-Nazis] a year earlier. The article was examined as part of the proceedings against civic activist and Tyumen State University lecturer Andrei Kutuzov. He was prosecuted for, allegedly, handing out leaflets calling for an end to political crackdowns. According to Mochalova, these leaflets incited hatred against the authorities and aroused social discord. Mochalova refused to reveal her examination procedure to the court on that occasion, claiming that it was marked “for official use only.”

In July, teacher Alexander Byvshev, who had posted a pro-Ukrainian poem on a social network (unlike Vologzheninova Byvshev had written the poem himself), was sentenced to 300 hours of community service in the Oryol Region. Sentences for “likes” and reposts have practically become the norm this year. Thus, on September 28, Chelyabinsk blogger Konstantin Zharinov, who had reposted material from the banned Right Sector, was found guilty and immediately pardoned. On September 15, Krasnodar activist Sergei Titarenko was fined 100,000 rubles [approx. 1,400 euros] for reposting a political post. On September 17, the Lenin District Court in Cheboksary sentenced Parnas opposition party activist Dmitry Semyonov [and immediately pardoned] for reposting a caricature of Dmitry Medvedev.

Translated by the Russian Reader. Photo courtesy of Radio Svoboda

__________

A Currenttime.tv report about the criminal case at Yekaterinburg resident Ekaterina Vologzheninova, accused under Article 282 of the Russian Federal Criminal Code of inciting ethnic hatred and enmity against the Russian public authorities, residents of Southeast Ukraine who do not support modern Ukraine’s political course, volunteers from Russia fighting on the side of the Donetsk People’s Republic, and other absurd things. Posted on October 17, 2015. Thanks to Sergey Chernov for the heads-up

The “Gay Terrorist Underground” in Khabarovsk: The Case of Andrei Marchenko

Prosecutor Requests Two Years in Open Penal Settlement for Khabarovsk Blogger Marchenko
September 28, 2015
Grani.Ru

Prosecutor Olesya Demina has asked Khabarovsk’s Industrial District Court to sentence blogger and LGBT activist Andrei Marchenko to two years in an open penal settlement, as reported by Grani.Ru’s correspondent from the courtroom. Marchenko has been accused of extremism for posts he made on Facebook.

andrei marchenko
Andrei Marchenko outside of Industrial District Court in Khabarovsk. Photo by Alla Viktorova. Courtesy of Grani.Ru

During closing arguments, defense attorney Natalya Gladych drew the court’s attention to Marchenko’s positive character references, as well as the findings of a psychologist, who concluded that the defendant’s only purpose had been to draw attention to himself and to his position on the war in the east of Ukraine.

“Two years in an open penal settlement is an excessively severe punishment given that the evidence presented by the prosecution is insufficient. The prosecutor speaks of Marchenko as an out-and-out extremist, although the man was simply expressing his opinion. The harsh form in which he delivered it was due only to heightened emotionality,” said Gladych.

On Monday, the defendant was to make his closing statement, but Judge Galina Nikolayeva unexpectedly adjourned until Wednesday, September 30, when Marchenko will deliver his closing statement and the judge will return a verdict.

“I did not expect that the prosecution would request real prison time. There is not a single injured party in the case. There is only the one sentence on Facebook, which did not lead to any real consequences. And for this the representative of the state machine asks the court to sentence me to real prison time,” Marchenko commented to Grani.ru after the hearing.

Marchenko has pleaded not guilty and hopes for an acquittal.

On June 8, 2014, Trinity Sunday, Marchenko published a post on Facebook dealing with the events in the east of Ukraine.

“Impale all the terrorists!!!!!!!!” he wrote. “Kill all of them!! Blood Sunday! Free Ukraine from the fascist Russian terrorists on Trinity Sunday!”

The post was made visible only to Marchenko’s friends in the social network. Nevertheless, it was this publication that led to the blogger’s prosecution.

On August 28, 2014, FSB officers carried out a search at Marchenko’s home during which they seized all his office equipment and mobile phones. The following day, the blogger was charged at regional FSB headquarters under Article 280, Part 1 of the Criminal Code (public incitement to extremism)

andrei marchenko-2
Andrei Marchenko. Photo courtesy of amurburg.ru

A week before the raid, the blogger had also been summoned to regional FSB headquarters. There he was shown screenshots of a certain site according to which Marchenko and another Khabarovsk LGBT activist, Alexander Yermoshkin, were the founders and masterminds of a “gay terrorist underground” that were pursuing the goal of organizing an “orange revolution” in Khabarovsk. As Marchenko noted, the FSB investigator was “utterly serious.” Marchenko was then asked why he did not like “Novorossiya.” He was told that his numerous posts in support of Ukraine and criticizing the Kremlin were the reason for the FSB’s concern.

On September 11, 2014, another five phrases from Marchenko’s summertime posts were sent off for forensic examination.

“Including phrases in support of Poroshenko and phrases about the fact that prices are higher but Crimea is ours,” wrote the blogger.

Two weeks later, it transpired that Rosfinmonitoring had placed Marchenko on its list of terrorists and extremists. However, the blogger kept his bank accounts only for withdrawing money he earned through official freelance bureaus from the WebMoney system. For many years, these earnings had been Marchenko’s only source of income. Thus, Rosfinmonitoring’s decision left the activist penniless.

“Now I don’t even have money for groceries,” wrote Marchenko.

The blogger expressed bewilderment at his inclusion in the list, noting that the court had not yet deemed him either a terrorist or an extremist.

On December 30, 2014, final charges were filed against Marchenko.

Translated by the Russian Reader

NB. Grani.Ru, the opposition news and commentary website that published this article about Andrei Marchenko’s plight is itself banned in Russia as “extremist” and can only be viewed there through VPNs, anonymizers, and mirror sites.

Update. According to an article on the news website Vostok-Media, on October 1, 2015, the Industrial District Court in Khabarovsk found Andrei Marchenko guilty as charged and sentenced him to a fine of 100,000 rubles, but immediately amnestied him as part of a general amnesty celebrating the seventieth anniversary of victory in the Second World War.

Andrei Marchenko celebrating his virtual victory in court. Photo courtesy of Vostok-Media
Andrei Marchenko celebrating his virtual victory in court. Photo courtesy of Vostok-Media