Krasnodar Environmentalist Diana Smirnova Detained by Police in Act of Revenge by Relatives of Kremlin Insider and Russian Latifundist Alexander Tkachov

Diana Smirnova, Defender of the Woodlands in the Lenin’s Farm District of Krasnodar, Detained: Police Crackdown Continues
Ecological Watch on the North Caucasus
August 25, 2018

Diana-Smirnova-2 Diana Smirnova

Last night, in the Lenin’s Farm district of Krasnodar, police raided the home of yet another defender of the district’s forest belt, clear-cut in July of this year at the behest of the Coastal Noncommercial Dacha Association, owned by Nikolai Tkachov and Anastasia Krattli, relatives of former Krasnodar Territory Governor and former Russian Federal Agriculture Minister Alexander Tkachov.

Mastyaeva.previewAnzhelika Mastyayeva, after she allegedly “assaulted” a logger in July 2018.

The police had previously filed trumped-up charges against environmentalist Anzhelika Mastyayeva, claiming she had assaulted a logger. Prior to this, they had detained Mastyayeva without any legal grounds and held her for six hours in the lock-up at a police station.

This time,  the police targeted Diana Smirnova, who had also vigorously defended the forest belt from the Tkachov family’s loggers and had testified at Mastyayeva’s court hearing.

At seven in the evening yesterday, two policemen arrived at Smirnova’s home. One of the officers was beat cop Alexander Sergiyenko, who had cooked up the case against Mastyayeva. The policemen asked Smirnova to come to the station with them for questioning regarding an allegedly unpaid fine. They assured here they would bring her back home in short order. However, Smirnova had no idea about any outstanding fines, since she had not been convicted of any administrative offenses.

Smirnova’s three-year-old daughter cried when her mother was driven away, but this did not stop the policemen.

However, instead of questioning Smirnova about the nonexistent unpaid fine, they took her from the Lenin’s Farm district to Karasunsky District Police Precinct at 205 Stavropol Street in Krasnodar and arrested. Smirnova was jailed overnight in the precinct’s detention facility. She was told she would be jailed until her court hearing.

An EWNC activist was able to phone the front desk of the Karasunsky District Police Precinct at +7 (861) 231-7071. He received confirmation Smirnova had been detained and charged with violating Article 20.25 of the Russian Federal Administrative Offenses Code (“Evasion of an  Administrative Punishment”), although a search of the database of enforcement proceedings showed Smirnova had no outstanding fines.

Andrey Rudomakha, EWNC coordinator, had this to say about the incident.

“The people who run the Coastal Noncommercial Dacha Association are extremely vindictive. It was not enough they did not give a damn about the law, the wishes of local residents, and the deal they made with Krasnodar city hall, and cut down the forest belt. Now they have been harassing people who had the moxie to defend their own environment, since the forest belt that was cut down was the only green area near their homes.

2018-07-13_Lenina-Rubka_DSC03466.preview

“However, judging by the actions taken against Mastyayeva and Smirnova, who were charged with administrative offenses out of the blue by the beat cop Sergiyenko, the police are being used as a tool of revenge. The police used a special trick in their lawless raids on the homes of Mastyayeva and Smirnova. The former was arrested on a Saturday, while the latter was arrested on a Friday evening, times of the week when  it is extremely hard to find defense lawyers. Why arrest a very young woman and mother of a small child late in the evening and jail her overnight in the pretrial holding tank, even if it were true she hadn’t paid a fine? The only point of all this is to intimidate the locals, to discourage them from wanting to defend their rights,” Rudomakha said.

Read more articles on ENWC’s website about the destruction of the woodlands in Lenin’s Farm (in Russian). For more information on the case of Diana Smirnova, call Anzhelika Mastyayeva, member of the Lenin’s Farm residents pressure group,  at  +7 (965) 470-8444, or Police Inspector Alexander Sergiyenko, who detained Diana Smirnova, at +7 (999) 437-3516.

Thanks to Andrey Rudomakha for the heads-up. Photos courtesy of EWNC. Translated by the Russian Reader

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This realtor’s video about the charms of Lenin’s Farm makes it clear why sharks like the Tkachov family have sunk their teeth into the neighborhood.

How the Partisans of Suna Have Spooked Karelian Officials

Everyone shall have the right to [a] favourable environment, reliable information about its state and […] restitution of damage inflicted on his health and property by ecological transgressions.
Article 42, Constitution of the Russian Federation

How the Partisans of Suna Have Spooked Karelian Officials
Valery Potashov
Bilberry (Muistoi.ru)
February 7, 2017

The so-called partisans of Suna, defenders of Suna Forest. Photo courtesy of Inna Kondrakova

It seems the Presidential Human Rights Council’s visit to Karelia, scheduled for February 8, has frightened the republic’s authorities so much that they have made every possible effort, if not to disrupt the council members’ meeting with the defenders of Suna Forest, who for several years running have been trying to assert their constitutional right to a healthy environment, then, at least, to discredit their better-known activists. Several days before the HRC’s on-site meeting, Karelian news websites loyal to the republic’s leadership published articles, written under pseudonyms, meant to persuade the council members that the conflict over Suna Forest had been “sparked” not by the pensioners from the village of Suna, who are opposed to clear-cutting to make way for a sand and gravel quarry in a forest where villagers have traditionally harvested mushrooms, berries, and medicinal herbs. And during a February 6 meeting with members of the Karelian Legislative Assembly, Alexander Hudilainen, head of the republic, stated outright it was not the village’s pensioners who were standing watch in the forest in winter, but young people whom someone had supposedly “stimulated.”

Alexander Hudilainen, head of the Republic of Karelia meets with members of the republic’s parliament. Photo courtesy of gov.karelia.ru

Actually, we could expect nothing else from the current governor of Karelia. Several years ago, when a grassroots campaign calling for his resignation kicked off in the republic, Mr. Hudilainen saw the machinations of “foreign special services” in the mass protests of the Karelian people. However, when a resident of the town of Kondopoga phoned the governor live on Russian Public Television (OTR) and asked him what solution he saw to the issue of Suna Forest, Hudilainen promised to “sort out” the situation.

“We will not allow the environment and the residents to be hurt,” the head of Karelia told the entire country.

A question about the Suna Forest “spoiled” the mood of Alexander Hudilainen, head of the Republic of Karelia, during a live broadcast of the program “Otrazhenie” (“Reflection”) on Russian Public Televisioin (OTR).

In the intervening two and a half months, however, neither Mr. Hudilainen nor anyone from his inner circle has found the time to visit the Suna Forest and see for themselves who exactly is standing watc in the minus thirty degree cold in a tent to stop the clear-cutting of a forest the village’s old-timers call their “provider” and “papa forest.” Moreover, when it transpired that members of the Presidential Human Rights Council planned to meet with the defenders of Suna Forest, Karelian officials attempted to move the meeting to the administration building of the Jänišpuoli Rural Settlement, which includes the village of Suna. But the so-called partisans of Suna insisted council members come to the forest and see what the village’s pensioners have been defending.

“Why should we meet in the administration building? We have been standing vigil in the forest for over six months, in the rain and the frost, and we will stay here until the bitter end,” said pensioner Tatyana Romakhina, one of Suna Forest’s most vigorous defenders.

Tatyana Romakhina. Photo courtesy of Alexei Vladimirov

Romakhina also told Bilberry that the day before she had got a call from the Kondopoga District police department, and a man who identified himself as Captain Viktor Korshakov had cautioned the old-age pensioner against unauthorized protest actions during the visit by the Presidential Human Rights Council. Romakhina regarded the phone call as yet another attempt to put pressure on the defenders of Suna Forest, noting the partisans of Suna had long been ready for anything.

Translated by the Russian Reader. Thanks to Comrade Koganzon for the heads-up

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Residents of the Village of Suna Address President Vladimir Putin (October 2016)

Yevgeniya Chirikova and Nadezhda Kutepova: Open Letter to Dr. Jill Stein

Yevgenia Chirikova
Yevgenia Chirikova

Yevgeniya Chirikova
Facebook
September 6, 2016

Open Letter to Dr. Jill Stein, 2016 Green Party Candidate for President of the United States

Dear Dr. Stein,

We are writing to you in the spirit of green values and principles, which include fighting for a sustainable future, defending the environment and human rights, and engaging in international solidarity. We are also writing to you as eco-activists, women and mothers.

In November of this year, you will face an important challenge which will have an impact all over the world, even far from the US. As Russian eco-activists, we are following the US presidential election with curiosity and fear. Curiosity for your democratic system and fear for the impact that the result of this election could have on our lives and the lives of our children.

As environmentalists and human rights defenders, we often support Green candidates all over the world when they run in local, national or continental elections. However, we are asking ourselves if we can support your candidacy for the Presidency of the United States of America. We have carefully read your program and your website, and we have to admit that we are deeply shocked by the position you expressed during your visit to Moscow and your meeting with Mr. Vladimir Putin.

During the last few years, the Russian authorities have continued the destruction of the rich and unique Russian environment. The Kremlin is heavily contributing to global climate change and the destruction of global biodiversity by overexploiting Russian natural resources and promoting unsafe nuclear energy. The corruption and anti-democratic behavior of the current Russian government have also led to negative impacts on Russia’s unique forests and natural heritage. Russian eco-activists and human rights defenders are also facing an increasingly repressive system which was constructed under Putin’s regime. The list of the victims of this system is unfortunately becoming longer and longer. Russian environmentalist Yevgeny Vitishko spent 22 months in prison for a non-violent action. Journalist Mikhail Beketov was violently attacked in 2008, suffered serious injuries, and died in 2013. Our personal cases are also symbolic: because of our activism, and in order to protect our children, we were both forced to leave Russia and to seek political asylum in the European Union.

Nadezha Kutepova
Nadezha Kutepova

After your visit to Moscow and your meeting with Vladimir Putin you said that “the world deserve[s] a new commitment to collaborative dialogue between our governments to avert disastrous wars for geopolitical domination, destruction of the climate, and cascading injustices that promote violence and terrorism.” We agree with you. But how can this new “collaborative dialogue” be possible when Mr. Putin has deliberately built a system based on corruption, injustice, falsification of elections, and violation of human rights and international law? How is it possible to have a discussion with Mr. Putin and not mention, not even once, the fate of Russian political prisoners or the attacks against Russian journalists, artists, and environmentalists? Is it fair to speak with him about “geopolitics” and not mention new Russian laws against freedom of speech, restrictions on NGOs and activists or the shameful law that forbids “homosexual propaganda”?

By silencing Putin’s crimes you are silencing our struggle. By shaking his hand and failing to criticize his regime you become his accomplice. By forgetting what international solidarity means you are insulting the Russian environmental movement.

Dr. Stein, you still have several weeks before the election in order to clarify your position on the anti-democratic and anti-environmental elements of Putin’s regime. We sincerely hope that our voices will be heard and that our questions will not go unanswered.

Best regards,
Yevgeniya Chirikova
Nadezhda Kutepova

Yevgeniya Chirikova is a Russian environmental activist who gained renown as one of the leaders of the fight to save the Khimki Forest, outside of Moscow. She currently lives in Estonia. Nadezhda Kutepova, an anti-nuclear activist from the small town of Ozyorsk in the Urals and founder of the NGO Planet of Hopes, was forced to flee the country last year with her four children after being accused on state TV of “espionage.” Photos courtesy of East West Blog and RFE/RL, respectively. NB. This letter was very lightly edited to make it more readable. TRR

Chop It All Down!

Chop It All Down! Molotov Cocktails versus Woodland Defenders in the Town of Zhukovsky
Maria Klimova
Mediazona
July 13, 2016

Photo by Fyodor Karpov

Over the past month, several environmentalists in the Moscow Region town of Zhukovsky fighting against the illegal logging of trees to make way for construction have suffered at the hands of persons unknown. Two of them have had their cars set on fire and burned, while a female activist had a Molotov cocktail thrown at her windows. Municipal authorities see no reason to worry yet, although the victims are certain someone has been trying to intimidate them.

Around four o’clock in the morning on June 15, a Molotov cocktail was tossed at the windows of the flat occupied by Zhukovsky activist Olga Deyeva, who lives on the first storey of a block of flats. Hearing a bang, which set off the alarms of cars parked in the yard, she looked out the window and saw shards of glass on the pavement. What turned out to be a broken bottle was wrapped in electrical tape and a thick layer of solvent-soaked cloth. According to police summoned to the scene by Deyeva, the persons unknown had failed to ignite the cloth, which had been soaked in a flammable liquid. According to Deyeva, the assailants had aimed at her window but had missed, and the bottle had hit the window frame.

A week and a half later, on June 27, a Ford Focus owned by Mikhail Yuritsin, an environmentalist and member of the grassroots organization Lyubimy Gorod (Beloved City), was torched and burned. According to Yuritsin, he heard the loud sound of glass being broken at around three in the morning, looked out the window, and saw his car burst into flames. Yuritsin was unable to extinguish the fire, and the car was completely destroyed. Cars parked next to it were mildly damaged, as firefighters arrived quickly on the scene.

In addition, a car used Svetlana Bezlepkina, a Yabloko Party member who sits on the Zhukovsky city council, was torched in the early hours of July 7.  Although the car was registered to the council member’s sister-in-law, Bezlepkina often used it herself.

“Yes, I have used the car. I used it for business when I needed, and everyone knew it. You couldn’t think of anything more cynical: my brother and sister-in-law had their wedding that day. After celebrating at a cafe, they came home and parked the car, and during the night it was torched. Then the police showed up, took our testimony, and that was all. They didn’t really take a hard look at anything. On the other hand, what do you expect from a police force who back in the day guarded loggers chopping down a forest,” said Bezlepkina.

A suspicious incident happened the same day to Fyodor Karpov, leader of the Yabloko Party’s Zhukovsky branch. Persons unknown torched an abandoned car, which had recently been left outside the gate to his garage.

Karpov related the sequence of events.

“The abandoned car drifted around the yard for two weeks, and then it ended up in front of my gate. I gently shoved it away from the gate, but on a day I was attending a court hearing on illegal construction in the forest, it was torched.”

Except Karpov, all the victims are plaintiffs in a lawsuit against Zhukovsky city hall and businesswoman Irina Gorodnova, who has been given permission to build a consumer services center on Nizhegorodskaya Street and a children’s center on Semashko Street. Both lots slated for construction are located on woodlands in the city limits.

Local residents began vigorously fighting to save their woodlands in 2012, when the authorities announced the construction of an access road from the M5 Ural Highway that would pass through the Tsagov Forest. When workers began clear-cutting a twelve-hectare site, grassroots protests erupted throughtout the city, and activists set up a camp in the woods, later dispersed by private security guards. The protesters proposed several alternate routes for the road. Several months later, Sergei Shoigu, who had recently been appointed governor of Moscow Region, intervened in the conflict. He criticized the actions of the Zhukovsky authorities and spoke of the need for dialogue with the public, but his statements had no impact on the situation. The access road to the city was built through the forest.

1109928 02.05.2012 Плакат в лагере защитников Цаговского леса в Жуковском. Гражданские активисты-экологи протестуют против вырубки леса для строительства новой трассы. Артем Житенев/РИА Новости
A placard in the camp of people defending the Tsagov Forest in Zhukovsky, May 2, 2012. The placard reads, “Occupiers! Get the hell out of Zhukovsky.” Photo: Artyom Zhitenyov/RIA Novosti

A year after the conflict over clear-cutting in the Tsagov Forest broke out, Alexander Bobovnikov, mayor of the city, lost his post. He resigned after a meeting with Andrei Vorobyov, who had succeeded Shoigu as governor of Moscow Region. Andrei Voytyuk was elected to Bobovnikov’s post. In 2013, protests against logging in Zhukovsky broke out again when it transpired that municipal authorities had issued long-term leases to woodland lots. 5,000 square meters of woodland were allocated for construction of a consumer services center on Nizhegorodskaya Street, while another lot measuring 6,000 square meters was allocated for construction of a leisure center in the woods near the railroad station. Activists entered into a prolonged legal battle with city hall and the potential developer.

“According to the documents, in 2010, Natalya Lebedeva, head of Stimul-K, Ltd., obtained preliminary permission to rent the lot. But Lebedeva herself claims she never came to Zhukovsky in 2010, and signed no rental agreement. In 2012, she decided to get rid of the company and she transferred it to another person so he would close it. But he failed to do this and, apparently, used the company. Later, the lot was transferred to Gorodnova,” explains Olga Deyeva.

According to Deyeva, permission to lease the lot had been issued, apparently, by Stanislav Suknov, Bobovnikov’s deputy, who served as acting mayor of Zhukovsky for a couple of months in 2013.

“We have been trying to prove in court there was no preliminary agreement to rent the land. The paperwork was drawn up after the fact so as not to violate the city’s General Development Plan, adopted in 2012,” explains Deyeva.

The right to rent the woodland lots now belongs to businesswoman Irina Gorodnova. Zhukovsky activists are afraid municipal authorities might try and bypass the 2012 General Development Plan and rezone the woodland lots to permit construction of residential buildings and shopping centers on them. That, ultimately, was what happened to the lot on Nizhegorodskaya Street. Without holding public hearings and without involving city council members, the Zhukovsky City Court rezoned the area from recreational use to residential use and thus suitable for redevelopment. Immediately after obtaining the construction permit, Gorodnova also obtained a permit from municipal authorities to fell deadwood. According to Deyeva, however, workers cut down healthy pine trees while clearing the deadwood.

“When this came to light, Gorodnova batted her eyes and said, ‘I don’t know how it happened. I was abroad at the time.’ Policemen guarded the logging process. Ultimately, the ‘illegal’ loggers were not located and punished, but the story made such a big splash that Gorodnova was unable to open the consumer services center she had built on the lot. On the basis of this violation, the municipal authorities went to court and terminated the lease on the land,” says Deyeva.

Now it was Gorodnova’s turn to go to court. She demanded the court recognize her ownership of the consumer services center, and in October 2015, Zhukovsky City Court granted her claim. Activists asked city hall to appeal the decisions, but the local authorities failed to do this.

“City hall was not about to challenge the ruling. They could not even explain why. So now we have been handling the litigation ourselves,” explains city council member Bezlepkina.

The appeal hearing has been scheduled for July 25.

The status of the second woodland lot, on which Gorodnova’s company had planned to build a leisure center, has not yet changed. It is still zoned for recreational uses, where it is forbidden to erect any structures.

In February 2015, however, activists discovered large round holes in the bark of pine trees on the site of a planned clear cutting. The holes had been presumably made with a drill. A total of seventy-eight trees had been damaged in this way. Local residents marked each of the trees with green paint and photographed them, subsequently filing a complaint with the police. After an inspection was carried out, police refused to open a misdemeanor investigation. Staff at the Zhukovsky municipal environmental and land management technologies department had assured police there was no danger of the trees weakening and dying. Many of the damaged pine trees that once grew on the lot slated for development have now indeed died. The forest’s defenders believe they were damaged deliberately. Developers thus decided to get rid of trees that were preventing them from launching construction.

According to Valentin Ponomar, who has been representing Gorodnova’s interests in court, the land plot rented for construction of the leisure center is now not being used by anyone in any way.

“The lease runs out soon, in 2017. During this time, the city has to issue a construction permit. There is no permit at present, just as there are no plans to build the children’s center,” Ponomar explained to Mediazona.

According to Ponomar, without such permission, the development company cannot commence construction in a green belt zone. Moreover, city authorities cannot issue such a permit due to the land plot’s status. Ponomor was unable to explain why his client concluded an agreement with the city on such conditions.

In an interview with Mediazona, Zhukovsky Mayor Andrei Voytyuk said he was unaware of the arsons of the urban activists’ cars, although he had heard about the Molotov cocktail thrown at Deyeva’s window.

“I’ll tell you this. If they had wanted to set fire to her, they would have done it,” the mayor commented on the incident.

He expressed his willingness to meet with the urban activists victimized by criminals.

“They can meet and talk with me if they wish, but so far no one has reached out to me,” said Voytyuk.

Bezlepkina is certain the torching of the cars will never be investigated.

“Now it is a matter of intimidation, but no one knows how far it might go. Our families are fearful. They have asked us not to attend the court hearings. They are afraid they might be in danger,” says the city council member.

The case of the Molotov cocktail tossed at Deyeva’s window has been assigned to the local beat cop.

“I went to see him, but, apparently, they are not planning to make any complicated moves in this connection. There was no damage either to my health or my flat. So I wouldn’t rule out the police will be working in keeping with the principle ‘No body, no case,” Deyeva admits.

Translated by the Russian Reader

Valery Brinikh: A Surprise Witness

George Orwell, writer: "The further a society drifts from the truth the more it will hate those who speak it."
“George Orwell, writer: ‘The further a society drifts from the truth the more it will hate those who speak it.'” Image from Valery Brinikh’s Facebook page

Valery Brinikh
Facebook
June 25, 2016

Hello!

The latest hearing in my criminal trial took place on June 24, but it was no run-of-the-mill hearing. When, last week, the court turned down defense attorney Andrei Sabinin’s motion to examine a linguistics expert from the beautiful beyond via videoconferencing (although, literally right before this, two prosecution witnesses from Krasnodar had been examined in this manner), neither the prosecutors nor the judge suspected that soon they would have the honor of gazing at this linguistics expert in person. We provided them with this pleasure.

The linguistics expert smashed the so-called findings of official state expert Sergei Fedyayev to smithereens. She immediately pointed out that Fedyayev had violated the fundamental methodological principles of forensic examinations for identifying signs of extremism. First, such forensic examinations should be comprehensive, involving not only a linguist but also a psychologist and, better yet, a sociologist or political scientist (if social groups are at issue). By definition, a linguist cannot cope with all these tasks alone. Nor did linguistic expert Fedyayev cope with his task. His analysis of the article “The Silence of the Lambs” skids on the sharp turns like a Volga car. Hence the large number of mistakes and simple linguistic blunders he made, producing findings that were not only at odds with the principles of linguistics but also with common sense.

During her testimony, our expert pointed to a number of instances where Fedyayev clearly went beyond his competence as a linguist by giving legal evaluations of individual passages in “The Silence of the Lambs” and thus infringing on the court’s realm of responsibility. In addition, his findings contain a definition of the concept of a “group,” something only a sociologist or political scientist is competent to define. The Russian Supreme Court has directly ruled it is inadmissible to define the authorities (state officials) as a “social group.” But what does the Russian Supreme Court mean to Fedyayev when the Adygea Supreme Court is dealing the cards? Fedyayev’s analysis also contains probabilistic conclusions (i.e., dealing with the realm of possibility), which are inadmissible in a linguistic forensic examination.

Apologizing to the judge for infringing on legal issues, our expert noted that the article does not oppose one group to another, one nation to another, and that there is no evidence of incitement to enmity and hatred on ethnic and other grounds in the text.

Our expert also testified that lexical-semantic and lexical-stylistic methods should be used in analyzing the text, while the huge number of other methods listed by Fedyayev either were not employed or were superfluous. In particular, by not using conceptual analysis, Fedyayev was led to erroneous conclusions.

The overall conclusion of the linguistics expert we called to the stand in Maykop City Court yesterday was that the article “The Silence of the Lambs” was highly critical and chockablock with negative assessments of the authorities and the hog breeding business, but there was nothing in the article that could interpreted as inciting enmity and hatred. In particular, she pointed out to the court that the words “Adyghe” and “Adygean” are encountered in different contexts in the article, testifying to the fact that the author distinguishes between the notions, using them in the article to denote different things. While the word “Adyghe” clearly refers to an ethnicity, “Adygean” has several meanings, one of them being a resident of Adygea, without reference to his or her ethnicity, as in krasnodarets, sochinets, stavropolets, and so on. [That is, the Russian terms for residents of Krasnodar, Sochi, and Stavropol, respectively.—TRR.]

What mattered to me was our expert’s answer to the question of whether it was possible, having received an unfamiliar text in the morning, to carry out a forensic examination of it by the evening of the same day and discover grounds for suspecting the text of extremism by using linguistic methods. My question was prompted by the fact that on September 15, 2014, Fedyayev, at the request of the FSB’s regional office in the Republic of Adygea, conducted a linguistic examination of the article “The Silence of the Lambs” in ten hours, and his memorandum to this effect (not even an expert opinion) was the grounds for the Maykop City Court (Judge Irina Ramazanova, presiding) ruling that the article was extremist. Later, on the basis of the very same memorandum, whipped up in a single workday, the very same Fedyayev wrote up the expert findings that served as the basis for my indictment on criminal charges.

The conclusion of the expert we called to the stand was unequivocal: it would be impossible. Sometimes, explained the expert, who is a past master at linguistic and comprehensive forensic examinations, analysis of a single sentence might take three hours. So, personally, she takes two weeks to perform such examinations.

In general, the testimony or, rather, the lecture by the linguistics expert we called to the stand was so thorough that neither the judge nor the prosecutors could think of anything substantive to ask her. Thus, by presenting critical reviews of Fedyayev’s forensic examination, we have drawn a thick line under it, making it completely impossible for it to be used as evidence for the prosecution in the criminal case against me.

The next hearing has been scheduled for 2:15 p.m. on July 4. Most likely, we will file a motion to have the forensic examination redone, asking this time for a comprehensive, rather than linguistic, examination.

Translated by the Russian Reader. Please read my previous posts on the extremism case against Adygean environmentalist Valery Brinikh.

Image courtesy of Twitter
Image courtesy of Twitter

Valery Brinikh: Report from His Extremism Trial

The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016
The extremism trial against environmentalist Valery Brinikh in session. Maykop City Court, June 17, 2016

Valery Brinikh
Facebook
June 18, 2016

Hello!

The latest hearing in my criminal case took place in Maykop from 11 a.m. to 4 p.m. on June 17 of this year. This time, the prosecution’s last two witnesses were finally questioned, albeit by a videoconference link with the Soviet District Court in Krasnodar. Vyacheslav Potapov and Vitaly Isayenko were supposed to answer questions about the operations of the website For Krasnodar, on which the article “The Silence of the Lambs” was posted.

It seemed to me that Sergei Shvetsov, senior deputy prosecutor of the Republic of Adygea, was not prepared to examine the witnesses today and the questions he asked them sounded like childish prattle. Even the judge noted this and advised the public prosecutor to concentrate. Ultimately, however, the second public prosecutor, Inessa Orlova from the Maykop City Prosecutor’s Office, took the microphone from Shvetsov and asked the witnesses specific questions.

I was personally interested in Isayenko’s responses to two sets of questions, first, about the circumstances of his interrogation on December 12, 2014. On that day, after the search [at his house], he was brought from Krasnodar to Maykop and interrogated until evening. It was night when they sent him back home to Krasnodar. As Isayenko, who suffers from Type 1 Diabetes, explained, he spent almost half a day at the Republic of Adygea Investigation Department with no food and, much more dangerously, with no insulin. They gave him only water. And yet they interrogated him intensively, trying to squeeze testimony against me and Vyacheslav Potapov, editor of the website For Krasnodar, from him. I was being interrogated in the next room, and I could hear Senior Investigator Kirill Kustov screaming at him. The stress he underwent and the long period he endured without food and insulin landed Vitaly Isayenko in the hospital the day after his return from Maykop. His diabetes flared up and he suffered from other ailments.

I was also interested in Isayenko’s comments, as a computer specialist, on certain statements in the inspection report on the computers seized at Isayenko’s house, an inspection carried out by Senior Investigator Kustov on the night of December 12, 2014. In particular, the report states that three processors were discovered in one of the computers. Isayenko explained there had been only one processor in the computer. He did not know nothing about any other processors.

In general, the witnesses said nothing new. They only confirmed what was already contained in the minutes of their interrogations.

Valery Brinink (left) and his attorney,
Valery Brinink (left) and his attorney, Andrei Sabinin. Maykop City Court, June 17, 2016

After the witnesses were examined, my attorney, Andrei Sabinin, attempted to request that Elizaveta Koltunova, a linguist from Nizhny Novgorod, be examined via videoconference, but the prosecutors objected, and Judge Vitaly Galagan did their bidding. Our request to examine the linguist by videoconferencing was rejected. According to the defense, this stance on the part of the prosecution and the court contradicts the adversarial nature of judicial proceedings and the principle of the equality of arms.

Much more unexpected and even amusing was the procedural action, which took place after lunch, of obtaining handwriting samples and a signature from prosecution witness Mugdin Mossovich Guchetl, a resident of the village of Gabukay. Everything would have been alright if the witness had simply produced his signature in silence, but instead he recalled another circumstance that I think gave the prosecutors a slight shock. Guchetl recalled that in February of last year, when Investigator A.S. Rudenko of the Investigative Department of the Republican Investigative Committee’s Teuchezsky District office took Guchetl’s written testimony, he asked him to sign blank sheets of paper, because, as Rudenko explained, allegedly, he would later type out Guchetl’s handwritten testimony on the computer, but he needed the signatures right away so he would not have to make a return trip to Adygeisk.

The investigator thus clearly violated the procedure for processing interrogation reports, a procedure strictly regulated by criminal procedural laws. At the same time, the investigator committed forgery by inserting things Guchetl did not say into the report. Today, after reading the interrogation report, which is part of the criminal case file, Guchetl categorically stated he did not say to the investigator what was written in the penultimate paragraph of his printed testimony, which reads as follows: “I want to clarify that I strongly disagree with the contents of the article entitled ‘The Silence of the Lambs,’ because I think the article has defamed my honor and dignity as an Adyghe, as well as insulting all Muslims. The article compares us to pigs and cowards, and claims we have no sense of self-esteem.”

Basically, it was for the sake of this passage that the investigator obtained Guchetl’s testimony. In fact, the investigator could have written something even rougher on Guchetl’s behalf, because he already his signatures on blank interrogation report forms.

Finally, I made a motion to rule the Teuchezhsky District Council an illegitimate injured party in my case, since it did not satisfy the grounds set out in Article 42 of the Russian Federal Criminal Procedure Code. When the prosecutors objected as usual, spouting platitudes about the proper recognition of the local authorities as an injured party, we demanded the prosecution present legal grounds for its stance. We were quite curious to find out how exactly the district council had been injured, if, as they themselves have said, the article had caused moral injury to the residents of the Teuchezhsky District.

The prosecutors drew a blank and requested a time-out until the next hearing, at which they promised to provide a written justification for their objection. That suited us just fine, as it did the judge, who postponed consideration of our motion until next time.

The next court hearing is scheduled for June 24.

Translated by the Russian Reader. Photos courtesy of Valery Brinikh. Please read my previous posts on his case.