Zoya Svetova: Interview with Petersburg Public Monitoring Commission Members Yana Teplitskaya and Yekaterina Kosarevskaya

The Network Case: “He Was Tortured in the Woods for Six Hours to Force Him to Testify, and Then Some More So He Would Memorize the Right Wording”
Zoya Svetova
MBKh Media
April 20, 2018

Снимок-экрана-2018-04-20-в-11.19.46Viktor Filinkov. Photo by David Frenkel. Courtesy of Mediazona

The Russian Federal Investigative Committee has refused to open a criminal case in connection with a complaint filed by Viktor Filinkov, one of the young antifascists accused in The Network case [aka the Penza-Petersburg “terrorism” case—TRR], who claims that Russian Federal Security Service officers tortured him. Yana Teplitskaya and Yekaterina (“Katya”) Kosarevyskaya, members of the Petersburg Public Monitoring Commission, were the first people Filinkov told he had been tortured. Now they are under police surveillance themselves.

The human rights activists talked to Zoya Svetova about why they decided to join the Petersburg Public Monitoring Commission, what goes on in Petersburg’s remand prisons and penal colonies, and how they have been harassed by reporters from Russian TV channel NTV.

____________________

Yana, Katya, and I talk in a cafe. They have come to Moscow for a day. They have many meetings scheduled, and the young women interrupt each while discussing what they have seen in remand prisons, but mostly they discuss the young men accused in The Network case, which has shaken them. It is not every day people tell you they have been brutally tortured and you see burns on their bodies left by tasers. As for me, this is my first meeting with these young and incredibly mature human rights defenders, who are only twenty-six years old.

Why did you decide to visit prisons and police precincts?

Yana: I wanted to join the Public Monitoring Commission (PMC) as soon was it was established, but you have to be at least twenty-five years old to join, so we didn’t end up on the previous commission. But we helped train other candidates and assisted them in their work. As soon as we turned twenty-five, we submitted our applications.

What do you do for a living?

Yana: I’m a mathematician.

Are you a schoolteacher?

No, I don’t teach. I do research.

Katya: I’m also a mathematician. I work at a school, but I also do research and teach math at a university, probability theory. We met before we studied at university, and then we went to university together. And we both decided to join the PMC.

How did you find out about the PMCs and public oversight?

Katya: I read Anna Karetnikova’s LiveJournal blog, I think. (Anna Karetnikova was a member of the Moscow PMC from 2009 to 2016 — ZS.)

Yana: When we got on the PMC, we already knew what it was, because we had been involved in shaping the PMC’s previous roster. We talked about the PMC to various people and organizations, and got them together.

Katya: And we worked with them when there were large-scale detentions at protest rallies. We found out who could visit detainees in police stations.

Who nominated you to the PMC?

Yana: We lucked out. We were nominated by Azaria, an organization of mothers against narcotics. Azaria is not on the list of “foreign agents” and looks completely innocent. In reality, it is a really cool organization. They are not afraid of anyone, and they really support and help us.

Yana Teplitskaya and Yekaterina Kosarevskaya outside Penal Colony No. 5

Until you found yourselves in the middle of the scandal surrounding The Network case defendants, was your work with the PMC completely routine?

Yana: We were not admitted to police stations seven times in a row, meaning that at some point the police just stopped letting us in to do inspections. The first time they didn’t let us in, they had detained young people coming home from a concert. Policemen stopped them and asked to see their papers. They refused to do that until the police had identified themselves by name and explained why they needed to see their papers. The policemen responded by pepper-spraying and detaining them. We were not let into the police precinct to see them. Subsequently, we were not let into police stations under different pretexts. Ultimately, we were able to overcome the problem. Fifteen Interior Ministry employees were brought to justice for not letting PMC members into police stations. We were not the only ones to file complaints. We posted our reports on the incidents, and our readers filed complains on the basis on this information.

Apparently, one of our readers on the social networks played a role. He filed complaints anywhere he could, and the authorities responded to his complaints, referring to him as “the PMC’s community volunteer.” The police officers who did the audit later told us that he had worn them down and asked us to tell him they would fix everything as long as he stopped complaining. Many other people helped out as well, including Human Rights Council member Andrei Babushkin. We also filed lots of detailed complaints ourselves. We managed to navigate around the problem, and this was a victory, of course, in whose wake our visits to police stations suddenly improved dramatically. The police were now afraid of us. Initially, we had good relations with the Federal Penitentiary Service (FSIN). The FSIN was inclined to cooperate, while the Interior Ministry [i.e., the police] was not. At our very first meeting with them, they told us we had to send notifications when we were planning to visit police stations only by fax, but we were not cool with that, of course. We ourselves had written the rules for how the PMC functioned. Our rules state that our rights as PMC members cannot be infringed. There is nothing in the rules about notifying a police station or remand prison by fax, as had been the case in the first two sittings of the PMC. Back then, only the PMC’s chair could notify penitentiary facilities about commission visits. He could do this only during business hours, because the fax was in his office.

How do you now notify the authorities you are coming to visit their facilities?

Yana: We give them five minutes’ warning. There is no need to notifiy the police ahead of time, whereas the FSIN does need to transfer staff to escort the PMC members around its prisons. We rarely need to catch the FSIN unawares with our visits, while the police often hide detainees from us, and try and take them out of precinct houses via emergency exits. Our latest conflict with them has to do with the fact that they must provide us with records of the people they detain and bring to their stations. They are convinced they do not need to show us these records.

How many people on the Petersburg PMC are on your side?

Katya: Four of the PMC’s twenty-five members.

Yana: It is not that they are all evil monsters. I think we have a fairly good working atmosphere in the commission. For example, there is one lovely lady. She doesn’t always feel well, but she goes out with us on inspections when she can.

When you met the young men accused in The Network case, was it the first time you had dealt with complaints of torture by people in police custody?

Katya: We had usually received really old reports about torture. We would go to a remand prison, where the inmates told us they had been tortured at a police station. There have been many such complaints, around twenty, concerning various police precincts.

What do you do with such reports?

Katya: If the individual is willing, which is not always the case, we publicize them. We try and describe the circumstances on our group page on Facebook, we write down the detainee’s full testimony in an official report, we file a criminal complaint, and send it off. But we don’t have the manpower to keep track of the complaint and file another complaint, about the lack of an official response, when the time comes. We usually try and find lawyers to take over the case, and we always find them.

Yana: So far, we have no criminal cases pending against police officers. On the contrary, the Interior Ministry’s Central District Petersburg office has filed suit against me. They were miffed when I published the story of a woman who claimed she was tortured at the 78th Police Precinct in Petersburg. The woman was pregnant, and police officers abused her. The lawsuit against me claims I published “information that undermines the reputation” or “discredits” the precinct. We published the women’s complaint on the social networks without revealing her last name. The news website Moi Rayon [My Neighborhood] reprinted it. The Interior Ministry mixed everything up, filing suit against me because they thought I’d written the article. In fact, we are involved in lots of lawsuits. We are usually the ones on the attack, and Team 29 helps us out with this.

You won the right to bring recording equipment into a penal colony in court, yes?

Katya: Yes. Recently, Petersburg City Court took the penal colony’s appeal of this ruling under consideration. We have not been let into the penal colony with recording equipment a single time even after the court’s decision came into force. The court ruled that the actions of a specific staff member of the penal colony who had not let us bring recording devices into the colony had been illegal, but this does not mean they have to let us and our equipment into the colony the next time round, although the FSIN’s public stance was originally that they would let us in if we informed them in advance that we planned to bring equipment. But then they changed their minds. We were not allowed to bring recording equipment into the remand prisons from the get-go.

Where are the young men accused in The Network case currently located?

KatyaSix of the accused in The Network case are in Penza, while the other three are in Petersburg and Leningrad Region. Two of them were originally jailed in Remand Prison No. 3 in Petersburg, a place we visit all the time. On March 15, Viktor Filinkov, who was the first person charged in the case to complain of torture, was transferred to a remand prison in Leningrad Region, which is considered a torture chamber. Immediately after he was detained, Filinkov himself was tortured in the wood for six hours, first to force him to testify, and then to make him memorize the right wording. Before his custody hearing, he was told that if he dared to recant his testimony, he would be sent to Remand Prison No. 6 in Gorelovo.

That is the torture chamber remand prison where he is currently in custody?

Yes, he was transferred after he was shown an “optimization” order, although there is room for fifty inmates in Remand Prison No. 3, and there are vacant spots in the cells. Gorelovo, on the other hand, is horribly overcrowded. The cells are meant for one hundred inmates, but there are one hundred and fifty inmates living in them. What kind of “optimization” are we talking about? Yuli Boyarshinov, the third Petersburg man charged in the case, is also being held in Gorelovo.

We cannot visit the remand prison in Gorelovo. The Leningrad Region PMC goes there. When we arrived in Remand Prison No. 3 on March 16, we were suddenly told Filinkov had been transferred to Remand Prison No. 6 in Gorelovo. We asked the Leningrad Region PMC to go out there. They made the trip and told us everything was okay, that Viktor was not being tortured. But they cannot visit him as often as we could.

Do you think he was transferred there so you would be unable to visit him?

That was not the only reason. First, Remand Prison No. 6 is the worst pretrial detention facility in Petersburg and Leningrad Region. Second, he refused to testfiy, so what use was he to the FSB? He had to be sent somewhere where we could not visit him.

Of the men charged in the case, which of them have been tortured, according to your evidence?

Viktor Filinkov and Igor Shishkin, whom we saw, were brutally tortured. Compared to the accounts from Penza, it would appear this was not the worst FSB operatives were capable of. According to testimony given to one of the defense attorneys, one of the accused men in Penza was tortured with electrical shocks for a month. In Penza, the FSB does not even bother to hide what they are doing. The FSB officers show up at the remand prison there, and take their man to another room, where they have a generator and electrical wires set up, and they torture the guy right in a cell in the remand prison. Defense attorney Olga Dinze said there was a secret prison in Moscow where inmates were constantly tortured with electrical shocks for a week. Why? Because they had to be forced to testify.

Have the accused in The Network case testified?

Katya: Yes. Viktor was tortured for six hours, but he agreed to confess after ten minutes. But then he was tortured simply so he would memorize his testimony. It was like animal training.

He told you this in the remand prison?

Yes, he told us, and then he provided a detailed written account of the first forty-eight hours after he was detained. He wrote us a letter and sent it to us by mail. When he was taken to the remand prison, the torture stopped. He had forty taser burns on his body, tiny spots on his thigh and around his groin. And on his chest. We didn’t see his groin area.

Traces of tasers burns on Ilya Kapustin’s body. Photo courtesy of his attorney and Mediazona

How did the staff at Remand Prison No. 3 react to the stories of torture?

Igor Shishkin had taser burns all over his back, buthe burns are listed as “bruises” in the prison’s medical journal.

One staff member forbade Igor from lifting his trousers and showing us the wounds he suffered when tortured. But we documented the injuries anyway. First, we examined Viktor’s taser burns, writing them down by hand, and then we drew pictures for each day, seeing as how the FSB investigators were in no hurry to show up. We documented all the injuries with the remand prison’s physician and warden present.

What was the reaction when you you went public with it?

Yana: Unfortunately, when Igor Shishkin was being tortured, there was not enough public pressure to stop the torture or get into the FSB building and see Igor. After we published our findings, we received support, and lots of it. (Igor Shiskin has not filed a complaint that he was tortured. He claims not to remember how he got the burn marks— ZS.)

How did the other members of the Petersburg PMC react?

The question was whether the PMC would interfere with our work or not. The commission members have not interfered in any way. A month after Shishkin and Filinkov were detained, the Petersburg human rights ombudsman and the chair of the Petersburg PMC visited them in the remand prison and wrote a very carefully worded report that did not gainsay our report. Of course, all traces of their injuries had vanished by that time.

What was the outcome of the Investigative Committee’s review of Filinkov’s torture complaint?

YanaOn Thursday, April 19, it transpired that the investigator refused to file criminal charges. His report says that not all the videos were preserved, the report by PMC members cannot be admitted into evidence, and Viktor was tasered, but only two times in order to prevent him from falling out of the vehicle and “escaping.”

Do you feel that you are being shadowed?

Yana: Yes, I have some notion the police have opened a dossier on us. We have the sense our telephones are tapped and we are being followed. There was a time when the surveillance was demonstrative. It was not a huge inconvenience.

On Friday, NTV will show a film about The Network case. Apparently, you are central characters in this film.

YanaAn NTV crew ambushed me on Sunday, and they ambushed Yekaterina on Saturday.

Katya, the NTV crew ambushed you during a scheduled visit to the Doctor Haass Prison Hospital. NTV asked two questions. Why do you defend terrorists? Why do you defend Ukrainians? Why do think that interested NTV?

Katya: The Ukrainian consul general in Petersburg visited Ukrainian prisoners with me and we wrote about it on Facebook. We visited an inmate in a penal colony who was convicted on drugs charges. He had not been receiving anti-retroviral therapy for a while.

They aren’t political prisoners?

No. Maybe they wanted to make a connection between The Network case and Ukraine? Or maybe they just took a gander at my Facebook page and read that I had spoken to the Ukrainian consul.

They started filming in Penza. There are many parents of the young men accused in the case there, and they have teamed up to defend their children.

An investigator with the Penza FSB summoned one of the mothers to his office and spent two and a half hours persuading her she would help her son out by going on camera and saying the right words, saying the young men were practicing to blow up the Lenin Mausoleum. When she left the FSB building, her husband was waiting for her, but she was put in a vehicle with the NTV crew, and the FSB officer got in with her. They took her to her house and taped the interview there. That was on April 11, I think, and I basically already guessed NTV had begun shooting a film, but I didn’t think I’d be in it.

Yana: They ambushed me at the exit of a house where I don’t spend much time, but where I’m officially registered as living. I had it a bit easier, because they taped Katya after a difficult visit to a hospital. She was tired, but I was rested. Besides, I was ready, because I knew about Katya’s so-called interview. So my time with them was much easier and shorter. The questions were literally the very same ones. There was no individual approach: they could not really tell me and Katya apart, nor could I tell them apart. I accused the young woman questioning me that yesterday she was Maria, and today she was Alexandra, because they looked a lot alike. She show me her ID, but she did not me show me her editorial assignment or tell me the name of the program. I heard the same thing Katya had heard: “You defend terrorists. Ukraine. Right Sector. You prey on the sorrow of parents.”

Yana runs off to catch a train to Petersburg, but Katya and I continue the conversation. I wanted to ask her about Petersburg’s prisons. There is much less known about them than about Moscow’s prisons.

How often do you visit remand prisons?

Katya: I sometimes don’t have the strength. On Saturday, I visited the Doctor Haass Prison Hospital, chatted with NTV, and went to Remand Prison No. 3. Previously, I had visited Remand Prison No. 5, but before that there had been a long break, because it didn’t work out. Sometimes it happens we don’t do any visits for several weeks, but then we do visits. For The Network case we were going to Remand Prison No. 3 on a daily basis. On average, we do around two visits a week.

Tell me about Petersburg’s remand prisons.

We have separate PMCs for Petersburg and Leningrad Region, although the FSIN has one office in charge of the city and the region. The very worst remand prison in Leningrad Region is in Gorelovo, but we are not allowed to visit it.

In Petersburg, there is the renowned remand prison The Crosses on the Arsenal Embankment. It is a historic landmark, and it has been closed. A work-release penal colony from the region was temporarily transferred there. There is talk the local FSIN office will move its headquarters there.

What about The New Crosses?

That remand prison was built to house 4,000 inmates, but something went wrong. Corruption charges have been filed, and so one of the two crosses (wings), designed to hold 2,000 inmates, is the subject of court battles, and it cannot be accessed. There are no inmates there. If it were opened, the inmates from Gorelovo would be transferred there.

The New Crosses remand prison

Are Petersburg’s remand prisons overcrowded?

The Old Crosses was overcrowded. Eight square meters per four inmates, which was two times less space than necessary, but there were always enough beds. There had bunk beds there.

Besides torture, what are the most egregious human rights violations in Petersburg’s remand prisons and penal colonies?

There is a penal colony in which a suspiciously high number of inmates die from cardiac arrest and a suspiciously high number of inmates are a brought injured to hospital and die from their injuries. There is a psychiatric ward in a remand prison that the PMC is not allowed to visit. Complaints about torture and abusive treatment came from the psychiatric ward of The Crosses.

Why are you not allowed into the remand prison’s psychiatric ward?

We are currently fighting a court battle over just this issue. The staff read the law on the provision of psychiatric care, which says individual members of public organizations can enter psychiatric wards only when accompanied by medical personnel. Then they incorrectly read the law on public oversight and decided PMC members are members of public organizations, so we also should be escorted by medical personnel. We get there and are told no medical staff are on duty. We have to wait a while, because they won’t let us in just like that. We are let in only during working hours and only in the company of a physician. We are allowed into the intensive care units only when the attending physician allows it. I appealed our not being admitted to the ward in court. A district court said it was fine we were not being allowed into the ward. Look at the Azaria website, said the judge: Yekaterina Kosarevskya is a member of a public organization. I’ve filed an appeal.

Have you dealt with the case of businessman Valery Pshenichny, who died in Remand Prison No. 4 in Petersburg? Have you heard about his death?

Yana and Roma, the chair of our PMC, went to the prison after the suicide. But they had no contact with the relatives, so it was impossible to do anything. The Investigative Committee had already confiscated the CCTV tapes, which was all the evidence there was, and the only hting Yana and Roma could do was talk with remand prison staff, and try and understand whether the story Pshenichny had committed suicide could be trusted. But they could not understand a thing.

But now, after the article in Novaya Gazeta, which claims that, according to the forensic examination, Pshenichny was murdered and raped, will you conduct a public investigation?

Probably. But it’s not very clear what we can do as PMC members. It is doubtful whether there is any evidence left in the remand prison.

Do you feel any danger due to the fact that you and Yana were the first people to to talk about Filinkov’s torture at the hands of the FSB?

At first, I probably felt danger, because I didn’t know how the FSB would react, and it didn’t know how to react. My nerves were on edge. But now? Everything is a source of danger, probably. NTV has shown its face.

Do you continue to keep track of Filinkov’s plight?

Yes. We continue to file various appeals. I write letters to Viktor, and we visit Igor Shishkin in Remand Prison No. 3.

What is Remand Prison No. 3 like? It probably resembles Lefortvo Remand Prison in Moscow.

It’s a tiny historical building. The warden once boasted of the various famous people who were jailed there. Various wings of the building are under repair all the time. The cells are eight measures square and have bunks for two people. The toilet is separated by a low wooden partition.

Who is jailed there?

There are people accused of treason. One just went to trial in Sevastopol. He lived in Crimea, where he had an interesting job. He was accused of spying for China against Russia, although the evidence in the case relates to 2013, when Crimea was part of Ukraine.

How do prisoners treat you? How do they react to the fact you are so young?

I listen to them carefully, and some PMC members get angry at me that I talk with the prisoners for so long. As for my youth, sometimes it can be an advantage, because certain inmates tell me a lot: a nice young lady has paid them a visit and they feel they can talk with me. So it is not as if these inmates are complaining, they are just having a chat with a nice young woman. When we are able to help them, they say the PMC is a good thing. When we are unable to help them, they complain they turned to us for help and we didn’t help them.

“No, we didn’t,” I say.

It is amazing that both you and Yana are mathematicians, and suddenly you’re inspecting prisons. Why such interest in human rights?

My parents, the books I read. Books about the Decembrists, the Harry Potter books. Grandfather consistently refused to join the Party. But I learned the KGB was a bad thing when I was nine years old, in 2000.

It is the first black hole that has sucked me in. I planned to join the PMC, because I had always been interested (the Peter and Paul Fortress was nearby), but it was one interest among others. I was interested in the rights of migrant workers, in books about social organization. I was certain that, at most, I would spend a third of my free time on the PMC, but then it dragged me in all on its own.

What dragged you in?

Prisons suck me in. It’s bad, of course. I was once driving from the Arsenal Embankment to the Sverdlovskaya Embankment, and I glanced at a building not far from the place where I grew up. I thought I should probably stop my involvement in this nonsense. I should earn money and buy a flat in that building, because it was a beautiful red-brick building, wonderfully designed, with a view of the Neva River. But then I realized that the building merele reminded me of The Crosses.

Thanks to Vladimir Akimenov for the heads-up. Translated by the Russian Reader. If you have not been following the Penza-Petersburg “terrorism” case, the case of the mysterious death in custody of Petersburg businessman Valery Pshenichny, and related cases involving alleged frame-ups and torture by the Russian police and secret services, please have a look at some of the recent articles I have published on these subjects.

Tortured Petersburg Antifascist Viktor Filinkov Transferred to Remand Prison in Leningrad Region

Staff at Remand Prison No. 6 (Gorelovo, Leningrad Region) celebrating Fatherland Defenders Day, 23 February 2018. Photo courtesy of the prison’s website.

Yana Teplitskaya
Facebook
March 16, 2018

We just visted Russian Federal Penitentiary Service Remand Prison No. 3 and learned that Viktor Filinkov was transferred to Remand Prison No. 6 the day before yesterday. Members of the Petersburg Public Monitoring Commission have no access to this prison, because it is located in Leningrad Region.

There are one hundred inmates per cell in Remand Prison No. 6, and there have been many complaints that “pressure cookers” are employed there.*

There are reasons to believe that Viktor may be tortured again.

UPDATE. Alexander Gennenbereg and Anna Osnach, wonderful members of the Leningrad Region PMC, have been to Remand Prison No. 6. Viktor is still in “quarantine,” a cell for sixteen inmates. There were no signs he had been beaten, nor did he say he had been beaten. Prison staff told the PMC members Viktor would be transferred from the quarantine cell on Monday.

We do not know the formal grounds for his transfer to another remand prison.

At Remand Prison No. 3, members of the Petersburg PMC were told that the papers for the transfer (“a decision by the court or the investigator”) were located at Remand Prison No. 6, but when the members of the Leningrad Region PMC visited Remand Prison No. 6 they were told the transfer was due to “optimization” and the directive for the transfer was located at Remand Prison No. 3.

In fact, Viktor was transferred yesterday morning, not the day before yesterday.

Unlike Remand Prison No. 3, it is impossible to protect inmates in Remand Prison No. 6. In Remand Prison No. 3, the cells are designed for two inmates and there are CCTV cameras everywhere, while Remand Prison No. 6 contains barracks designed for one hundred inmates. (Incidentally, unlike Petersburg’s remand prisons, there are often more inmates in Remand Prison No. 6 than there are beds, and the inmates take it in turns to sleep.) We get a large number of complaints of beatings,  hazings,** and so forth from Remand Prison No. 6. It is impossible to monitor the place.

We have to get Viktor out of there.

* My translation for the Russian prison slang term press-khata. According to Wiktionary, a press-khata is a “prison cell in which the wardens, with the help of cooperating prisoners, create intolerable conditions for inmates they do not like. ◆ ‘Cell No. 45 was considered a pressure cooker. The most notorious, murderous “bitches” were locked up there. If it was necessary to break someone’s spirit or just kill him, they were the people to turn to, since it was inexpensive. Often, a few packets of tea sufficed.’ Yevgeny Sartinov, The Last Empire, I: The Coup.”

** My translation for the Russian prison slang term propiska, literally, “registration.” Various Russian prison hazing rituals are described in the relevant article in Alexander Kuchinsky, A Prison Encyclopedia (1998).

Translated by the Russian Reader

If you have not heard about the Penza-Petersburg “terrorism” case and the related crackdown against Russian grassroots and political activists on the eve of the March 18 Russian presidential election, you need to read the following articles and spread the word.

Olga Romanova: Yevgeny Makarov’s Life Is in Danger

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Olga Romanova
Facebook
December 15, 2017

I have to write this so you’ll read it, so as many people as possible will read it, because a man’s life depends on it. So repost this, please, and maybe we’ll save his life.

His name is Yevgeny Makarov. Ivan Nepomnyashchikh has written a lot about him, because they were in prison together. There were three of them: Ivan, Ruslan Vakhapov, and Yevgeny Makarov. Of the fifteen hundred inmates in Penal Colony No. 1 in Yaroslavl, the three of them stubbornly stood up to the sadism, bullying, and humiliation meted out by wardens and guards. For their pains, they were beaten, held in solitary confinement, and issued leaky dishes, and they went on hunger strike.

They were not allowed to see their lawyers, but the prison’s special forces team would be dispatched to deal with them.

When Ivan was released, he immediately left the country. He has now enrolled at a university in the US. Ruslan and Yevgeny still have to serve out their sentences.

It was Yevgeny who has borne the brunt of the wardens’ anger. On December 5, he was transferred to Penal Colony No. 8.  The prison guards stripped Makarov naked, sat him in a chair, and beat him with a wet rag knotted on the end. They then poured water over him and shocked him with a cattle prod. Afterwards, guards attempted to plunge Makarov’s head in a toilet. (This is one method of “punking” an inmate.) Makarov resisted, and his head was slammed against the toilet bowl. His torturers stopped at this point and put Makarov in solitary confinement for fifteen days. He has also been sentenced to eight months in a single-cell room (abbreviated EPKT in Russian), a prison within a prison.

Our friends the lawyers at the Public Verdict Foundation have filed a complaint with the European Court of Human Rights in Strasbourg.

The ECHR has ordered the Russian Federation government to ensure that Makarov has been given a medical exam within 48 hours by physicians independent of the Russian Federal Penitentiary Service and provide the court with a report on the results of the exam. The Russian goverment must also ensure Makarov’s safety and that he has unhindered access to legal counsel representing his interests. The EHCR drew the Russian government’s attention to the fact that it has taken urgent measures on behalf of Yevgeny Makarov. The complaint has been given priority status.

But the wardens in Russian prisons could not care less about the ECHR. They don’t understand. And human life there is worthless.

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

Dmitry Buchenkov, Last Bolotnaya Square Defendant, Flees Russia

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Last Bolotnaya Square Defendant Flees Russia
RBC
November 9, 2017

In an interview with Current Time TV, Bolotnaya Square defendant Dmitry Buchenkov said he has left Russia for a European Union country.

He said he has applied for political asylum in this country. Buchenkov failed to say exactly where he had gone.

“I’m calm about the fact I won’t be returning to the motherland soon. I won’t say leaving was easy. Psychologically, of course, I didn’t want to leave,” he noted. “The regime and the entire justice system forced me to take this step.”

He added he was currently not in touch with relatives.

When asked how he managed to cross the Russian border, the Bolotnaya Square defendant said he was “neither the first nor the last person to do it in such circumstances.”

According to Buchenkov, the Bolotnaya Square Case was “political” from the onset. He said that, after he was put under house arrest, “for six months [he] observed how the case was unfolding personally for [him]” and was convinced a guilty verdict lay in store. He said he was transferred from a pretrial detention facility to house arrest during a “brief thaw.” He was not outfitted with an electronic tracking bracelet, because the Naro-Fominsky division of the Federal Penitentiary Service had run out of them.

“I think the police investigators have long known they nabbed the wrong guy. But it was too late for them to back out,” said Buchenkov.

On the morning of November 9, Buchenkov did not show up to the Zamoskvorechye District Court for the latest hearing in his case, in which he stood accused of involvement in rioting. The Federal Penitentiary Service has accused him of fleeing, writes Current Time. Federal Penitentiary Service spokeswoman Natalya Bakharina said the defendant had “absconded,” since he was not to be found in his flat. She noted another family had been living there since November 5, and they were given keys to the flat in late October.

Buchenkov’s attorney Ilya Novikov wrote that he would refrain from commenting for the time being. In turn, Buchenkov’s other attorney, Svetlana Sidorkina, told RBC she did not know about her client’s departure from Russia.

“I don’t know about it. I do know he did not come to today’s hearing, during which the matter of whether to continue the forensic investigation or not was to have been ajudicated,” said Sidorkina.

According to her, the court decided to postpone the hearing since Buchenkov was not in attendance.

In April, at a hearing in the Zamoskvorechye District Court, Buchenkov declared himself not guilty of involvement in rioting and fighting with policemen. He was accused of violence against six Interiory Ministry officers and causing damage in the amount of 73,800 rubles to a commercial firm that set up porta-potties near Bolotnaya Square in Moscow.

Buchenkov, a 38-year-old anarchist and history teacher, was detained and remanded to custody in December 2015, thus becoming the thirty-fourth defendant in the Bolotnaya Square Case. Later, the Moscow City Court released him from custody and put him under house arrest. Buchenkov’s lawyers insisted the activist was not in Moscow during the events of May 6, 2012. The claim was corroborated by Buchenkov’s relatives in Nizhny Novgorod.

According to the defense, the police investigators who, allegedly, identified Buchenkov on video recordings of the May 6, 2012, protest rally mixed him up with another person. The defense lawyers sought to enter higher resolution photographs into evidence, but police investigators refused to take them into account.

Translated by the Russian Reader

Put Yourself in Someone Else’s Shoes

Lyubov Moseyeva-Helier
A Korean Adventure in Kaluga
7X7
April 28, 2017

Whew!

Now, after a ten-hour marathon, I can sum up the results.

My son, a member of Kaluga Prisons Public Monitoring Commission No. 3, found a North Korean national in Correctional Colony No. 5 in Sukhinichi in late March 2017.

My son tried to speak with Kim in Russian and English, but Kim understood neither. According to the assistant director of the Russian Federal Penitentiary Service’s Kaluga office, who was present during the meeting, Kim “only shook his head like a Chinese bobblehead.”

The North Korean is the first such inmate who, after he is returned to his country of origin, faces life in a work camp or the death penalty.

In North Korea, inmates are rehabilitated through starvation. They are given one cup of rice daily.

First, I consulted with human rights activist Svetlana Gannushkina. She replied that, in her opinion, Kim faced threats to his life and health in North Korea.

Then I contacted the UNHCR. I informed them that Kim, a North Korean national, had never once been provided with an interpreter during his two and a half years at the Kaluga Correctional Colony. The state of his health was thus unclear, nor was it clear what he wanted himself: to return to his country or move to a safe place.

I posted information about the case on Facebook, asking for a heads-up from Kaluga human rights activists. Kaluga attorney Elvira Davydova read my plea to help the North Korean and decided to help, working the case pro bono.

I signed a contract with Elvira Davydova, a young, vigorous attorney, to defend Kim’s interests for a purely nominal sum of money (I couldn’t afford to spend any more money on the North Korean out of my old-age pension), and the lawyer went to work.

The UNHCR assigned Kim a Korean interpreter.

The lawyer and I made a deal with the assistant director of the Russian Federal Penitentiary Service’s Kaluga office that when the Korean was released, Kaluga prison officials would help Kim get in contact with the UNHCR interpreter.

Unfortunately, this did not happen, although this was to be expected from the Russian Federal Penitentiary Service’s Kaluga office.

At twelve noon, the Russian Federal Penitentiary Service’s Kaluga office handed Kim over to the Kaluga police and the Migration Authority.

I thought Kim would be transferred to the regional center and formally charged with violating Article 18.8 of the Russian Federal Code of Administrative Offenses. (“Violation by a foreign citizen or stateless person of the rules of entry into the Russian Federation or of residence in the Russian Federation.”)

From noon to three p.m., the attorney looked for her client at the Migration Authority’s building, which is way outside the city.

But Kim had been moved to an “alternative jurisdiction.” He was transported to another district, which has a prison for foreigners, a so-called temporary detention center for foreign citizens. The lawyer was unable to go there.

But the lawyer phoned the Dzerzhinsky District Court and found out the name of the federal judge. She asked to speak to him, but was turned down. Moreover, she was told that “Kim already [had] a representative.” Is a Migration Authority official acting as his representative?

The lawyer will make a request to the district court to find out whether a ruling to deport Kim has been issued, and whether Kim had an interpreter with him in court.

The lawyer talked with the guards who escorted Kim, but the Migration Authority officer refused to let Kim talk on the phone with the UNHCR interpreter.

Moreover, someone called the UNHCR and said that he (that someone) would now be handling all contacts with Kim. Apparently, our opponents from the security forces haven’t been dozing, either.

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This is what the prison for foreigners in the Dzerzhinsky District looks like nowadays. It used to be a village school. Photo courtesy of Lyubov Moseyeva-Helier/7X7

Today, the lawyer filed complaints against the Migration Authority for preventing her from meeting with her client, although they knew Ms. Davydova was Kim’s attorney, and against the on-duty prosecutor.

Ms. Davydova also filed a request with the police to meet with Kim at the temporary detention center for foreign citizens on May 3, 2017.

In the future, we’ll have to go through the same business with the court bailiffs in Kaluga.

Today’s human rights marathon has identified several pressure points, showing that, when it comes to human rights, something is rotten in the state of Denmark known as Kaluga Region.

1. It is impossible to file a complaint in the chancellery at the Migration Authority, whose building is located in the distant outskirts of the regional center. They simply do not accept complaints. To file a complaint, migrants must travel to the Russian Federal Interior Ministry’s Kaluga Region office, which is ten kilometers away, in downtown Kaluga.

2. It is difficult to find anything in the Migration Authority’s building. There is no one to ask for information. Not all the doors have signs on them, and there are no listed working hours for the departments.

3. The lawyer had to wait a long time in the Russian Federal Interior Ministry’s Kaluga Region office for her complaint to be registered and to be issued a receipt.

4. In the Kaluga District Court, it is impossible for a lawyer to learn the name of the on-duty judge who handles administrative violation alleged to have been committed by foreigners.

5. A violation of Article 9, Part 6 of the Russian Advocate’s Professional Code of Ethics was committed in the temporary detention center for foreigner. (“Imposing one’s assistance on individuals and retaining them as clients through the use of personal connections with judicial and law enforcement officers, by promising a favorable resolution of a case, and through other underhanded methods.”)

40436_profileLyubov Moseyeva-Helier is a legal adviser for the Kaluga regional grassroots movement For Human Rights, an expert for the Russian grassroots movement For Human Rights, a lead expert for the project Russian Public Monitoring Commissions: A New Generation, and a voting member of Kaluga Polling Station Commission No. 1139.

Originally published at helier59.livejournal.com on April 28, 2017. Translated by the Russian Reader. Thanks to Comrade Koganzon for the heads-up

Pavel Chikov: A Managed Thaw

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Is a new thaw on the way?

A Managed Thaw: What the Reversal of Verdicts in the Dadin and Chudnovets Cases Means
Pavel Chikov
RBC
March 6, 2017

The Kurgan Regional Court quashed the verdict against Yevgenia Chudnovets and released her from a penal colony, where she had served four months of a five-month sentence for, allegedly, disseminating child pornography on the web. The Russian Deputy Prosecutor General almost literally copied the arguments made in the appeal by Chudnovets’s attoreny. Previously, during its consideration of the appeal, the selfsame Kurgan Regional Court had refused to release Chudnovets at the request of both the prosecutor and defense attorneys. The same court then denied the appeal against the verdict. The verdict was reversed only after the Prosecutor General’s Office and the Supreme Court intervened. Now Chudnovets will have the right to compensation for the harm caused her by illegal criminal prosecution.

The Chudnovets story unfolded at the same time as the even more high-profile case of Ildar Dadin. Dadin’s case was the first criminal case filed under the newly minted law on violating the law on public rallies, the first guilty verdict handed down under the new law. Dadin was taken into custody in the courtroom. Then came the shocking sentence of three years in a medium-security penal colony for a first offense, a moderately severe offense whose underlying cause was purely political, in a case tried in Moscow under the glare of all the media. During the appeals phase, the verdict was altered slightly, and the sentence reduced a bit. But then there was the drama of Dadin’s transfer to the penal colony, his arrival in a Karelian prison camp infamous for its severe conditions, the immense scandal that erupted after he claimed he had been tortured, and the harsh reaction to these revelations by the Federal Penitentiary Service. Then Dadin was secretly transferred to a remote penal colony in Altai over a demonstratively long period, after which the Constitutional Court, in open session, ruled that the relevant article of the Criminal Code had been wrongly interpreted in Dadin’s case. After this, the Supreme Court jumped quickly into the fray, granting a writ of certiorari, aquitting Dadin, and freeing him from the penal colony.

Politically Motivated Releases
The judicial system acted with phenomenal alacrity in both the Chudnovets and Dadin cases. Chudnovets’s criminal case was literally flown round trip from Kurgan to Moscow and back. Given current realities, this could only have been possible under the so-called manual mode of governance and with authorization at the highest level.

It calls to mind the instantaneous release of Mikhail Khodorkovsky from the same Karelian prison colony in December 2013, and the same sudden early releases, under amnesty, of the Greenpeace activists, convicted in the Arctic Sunrise case, and Masha Alyokhina and Nadya Tolokonnikova, two months before their sentences were up. Of course, the record holder in this sense is the Kirov Regional Court, which in the summer of 2013 quashed Alexei Navalny’s five-year sentence in the Kirovles case.

In all these previous cases, the causes of the system’s sudden softness were self-explanatory. The thaw of December 2013 was due to the upcoming 2014 Winter Olympics in Sochi. Navalny’s pardon was clearly connected with his being able to run in the Moscow mayoral elections. It was hard not to doubt the narrowly political, tactical objectives of these targeted releases.

The latest indulgences—the sudden releases of Dadin and Chudnovets, the transfer of the last defendant in the Bolotnaya Square case, Dmitry Buchenkov, and the Yekaterinburg Pokémon catcher, Ruslan Sokolovsky, from custody in pretrial detention facilities to house arrest—have been greeted with a roar of approval from the progressive public. The liberal genie would have burst out of its bottle altogether were it not for the eleven-hour police search of the home of human rights activist Zoya Svetova in connection with the ancient Yukos case. The search was as sudden and hard to explain as the releases described above.

Federal officials have not tried to dampen the talk of a thaw. On the contrary, they have encouraged it. The president’s press secretary Dmitry Peskov, Supreme Court Chief Justice Vyacheslav Lebedev, federal human right’s ombudsman Tatyana Moskalkova, and Justice Ministry spokespeople have publicly supported decriminalizing the Criminal Code article under which Dadin was convicted.

Putting the Brakes On
Even earlier we had noticed that the number of politically motivated criminal cases had stopped increasing. Twelve years of defending grassroots activists, human rights activists, journalists, and heads of local NGOs mean we are sensitive to changes in which way the wind blows. It would be wrong to speak of an improvement. Rather, the brakes have been put on the slide into deterioration. There are still dozens of political prisoners doing time in Russia’s prisons.

Political scientists have spoken of an unloosening of the screws; lawyers, of necessary legal reforms. One way or another, it is clear these events did not began in February, and the changes have been implemented from the top, quite deliberately, but without any explanation.

Given the tactial objectives pursued in previous reversals of high-profile cases, there are serious grounds for assuming recent events are due to next year’s main political event, the presidential election.

Preparations for the election began last spring with a shakeup of the law enforcement agencies. The superfluous Migration Service and Gosnarkokontrol (Federal Agency for Drug Trafficking Control) were eliminated. A new political special forces unit, the National Guard of Russia, was established. The influence of the Investigative Committee has been sharply reduced, although from 2012 to 2016 it had been the Investigative Committee that served as the main vehicle for domestic political crackdowns.

The old framework has gradually ceased functioning. The effectiveness of show trials has waned. Leading opposition figures have grown accustomed to working with the permanent risk of criminal prosecution hanging over them. Some have left the country and thus are beyond the reach of the security forces, but they have exited politics as well. Protest rallies have not attracted big numbers for a long time, and NGOs have been demoralized by the law on “foreign agents.” The stats for cases of “extremism” are mainly padded by the online statements of web users in the provinces and “non-traditional” Muslims.

In recent years, the state has delegated its function of intimidation and targeted crackdowns to pro-regime para-public organizations. Navalny is no longer pursued by Alexander Bastrykin, but by organizations like NOD (National Liberation Movement) and Anti-Maidan.

Under a Watchful Eye
The foreground is no longer occcupied by the need to intimidate and crack down on dissidents, but by information gathering and protest prevention, and that is the competence of different government bodies altogether. It is the FSB that has recently concentrated the main function of monitoring domestic politics in its hands. FSB officers have been arresting governors, generals, and heavyweight businesmen, destroying the reputations of companies and government agencies, and defending the internet from the west’s baleful influence.

Nothing adds to the work of the FSB’s units like a managed thaw. Bold public statements, new leaders and pressure groups, and planned and envisioned protest rallies immediately attract attention. The upcoming presidential election, the rollout of the campaign, and good news from the courts as spring arrives cannot help but awaken dormant civic protest. Its gradual rise will continue until its apogee in March of next year [when the presidential election is scheduled]. Information will be collected, analyzed, and sent to the relevant decision makers by the summer of 2018. And by the autumn of 2018 lawyers will again have more work than they can handle. This scenario needs to be taken into account.

There is, of course, another option: the Kremlin’s liberal signals may be addressed not to the domestic audience, but to a foreign one. Foreign policy, which has remained the president’s focus, is in a state of turbulence. Vladimir Putin is viewed by the western liberal public as a dark force threatening the world order. Sudden moves toward democratization can only add to the uncertainty and, consequently, the Kremlin can gain a tactical advantage in the game of diplomacy. Considering the fact there are lots of politicians in the world who are happy to be fooled, the ranks of the Russian president’s supporters will only swell.

Pavel Chikov is head of Agora, an international human rights group. Thanks to Comrade AK for the heads-up. Translation and photograph by the Russian Reader

Anna Karetnikova: Monitoring Moscow’s Prisons

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Anna Karetnikova

Anna Karetnikova: “The worse things are in Russia and the less money there is, the worse things are in the system”
OVD Info
October 27, 2016

As promised, OVD Info has published the full version of our interview with Anna Karetnikova, civil rights activist and member of the last three Moscow Commissions for Public Monitoring of Detention Facilities. The term in office of the third Moscow Public Monitoring Commission (PMC) is coming to an end, and by law anyone who has sat on the same commission for three consecutive terms cannot apply to serve on it again. Karetnikova had applied to serve on the Moscow Region PMC, but was not included in the new commission’s lineup. Similar things happened to a large number of civil rights activists who tried to get appointments to PMCs in other parts of Russia.

The interview was conducted shortly before the new lineups of the oversight commissions were made public. In conversation with OVD Info, Karetnikova summed up the work of the Moscow PMC and talked about the Russian penitentiary system’s numerous problems.

What is a PMC?

A PMC is a public monitoring commission of detention facilities. On the basis of Federal Law No. 76, its members are admitted into institutions that have such facilities, from police stations to remand prisons, including temporary detention centers, military prisons, and so on. They see the conditions of detention and can make recommendations on enforcing the law, eliminating violations, and otherwise furthering the legal interests of the persons imprisoned there.

How would you assess the work of the current commission? During your term have you been able to effect changes in the system, in the treatment of inmates, and the way the system interacts with civil rights activists?

I would rate it quite highly. I can speak only about the Moscow PMC. We succeeded in implementing serious reforms in meal services, accountability, and expanding the range of products that can be delivered to inmates in remand prisons. We made definite improvements to the Kaluga Federal Unitary State Enterprise, the [online] prison store or shop where inmates’ relatives can order things for them.  We definitely improved the conditions in Women’s Remand Prison No. 6. Unfortunately, among the things that have remained beyond our control and are getting worse, in my opinion, is medical care. The more we try and get on top of it, the worse it gets.

Medical care has remained a fallow field despite the huge effort we made to improve it just a bit. It was like running up the down escalator.

Nothing can be done. I understand the situation with healthcare is the same nationwide, but it is particularly horrible in our remand prisons.

What do you mean by accountability?

Registering complaints. If we are not around, say, the only way an incarcerated inmate can get something is by filing a complaint or petition. We expended a great deal of effort making sure these complaints and petitions were registered normally, because basically they save lives. It can happen that someone asks to see a doctor for six months and submits petitions to this effect, but none of them is registered. Then he dies, and we are sent an official reply that he never requested medical treatment. Continue reading “Anna Karetnikova: Monitoring Moscow’s Prisons”

Where Is Ildar Dadin?

"Where is Dadin?" Photo courtesy of Gradus TV
“Where is Dadin?” Photo courtesy of Gradus TV

Activists Picketing in Support of Ildar Dadin Detained in Moscow
RBC
January 4, 2016

Police in Moscow detained six activists [Pavel Kuznetsov, Mikhail Lashkevich, Leonid Dubrovo, Tatyana Tarvid, Elena Zakharova, and Maria Ryabikova — TRR] who had been holding solo pickets in support of Ildar Dadin, according to OVD Info.

The activists had been picketing on Zhitnaya Street, where the Federal Penitentiary Service and Justice Ministry are located. Several of the picketers held placards that read, “Where is Dadin?”

The detainees were taken to Yakimanka police precinct.

Later, activist Sergei Ozhich reported on his Facebook page that all six detainees had been released. They have been charged with misdemeanors under Article 20.2.5 of the Russian Federal Administrative Offenses Code (violation of the established rules for holding assemblies, rallies, demonstrations, marches, and pickets by a participant of a public event).

In early November 2016, Dadin wrote in a letter that he had been severely beaten and threatened by the staff at the penal colony where he was imprisoned. The Federal Penitentiary Service, the Investigative Committee, the Presidential Human Rights Council, and civil rights activists took an interest in his case.

Members of the Presidential Human Rights Council recommended that the Federal Penitentiary Service transfer Dadin to another penal colony. In early December, he was transferred to another colony. Anastasia Zotova, Dadin’s wife, filed an inquiry with the Federal Penitentiary Service’s Karelian Directorate asking about his whereabouts. His whereabouts are still unknown, however. By law, the inmate should have informed a relative of his whereabouts within ten days.

Dadin is serving a sentence for violating the law on [“unauthorized” political] rallies. In December [2015], he was sentenced to three years’ imprisonment, but a court later reduced the sentence to two and and half years. Dadin was the first person sentenced to an actual prison sentence under the new law.

Translated by the Russian Reader

Happy New Year, Happy New Punishment

People sentenced to forced labor may be sent to facilities owned by state corporations. Photo courtesy of Yevgeny Odinokov/RIA Novosti

New, Alternative Form of Punishment Comes into Effect in Russia on January First
RIA Novosti
January 1, 2016

A new, alternative form of punishment—forced labor—comes into effect in Russia on January 1, 2017. According to the Federal Penitentiary Service (FSIN), it will be a reasonable alternative to terms of imprisonment from two months to five years for minor or moderately severe crimes, or for severe first-time offenses.

However, people sentenced to forced labor will not be isolated from society, which will encourage their socialization. Experts says the measure is also a good way of combating overcrowding in Russia’s prisons and penal colonies.

There are few restrictions under the punishment. Convicts cannot choose their own work, quit their jobs, and leave the correctional center without permission of the wardens. Convicts are wholly forbidden from consuming alcohol and gambling. On the other hand, they enjoy a guaranteed salary, medical insurance, and other rights enshrined in the Labor Code. The convicts will live in dormitories at the correctional centers. In addition, convictions will have the right to a paid holiday. However, holidays will be granted only to convicts with whom the wardens have no complaints.

The first four correctional facilities are already open for business: as of January 1, they can take in 900 people sentenced to forced labor. The correctional centers are located in Stavropol Territory, Maritime Territory, Tambov Region, and Tyumen Region. The FSIN claims that such centers will open in all regions of the country in the near future. They will be located mainly at work-release penal colonies. However, those sentenced to forced labor will be housed separately from the correctional facilities’ other inmates.

Translated by the Russian Reader. Thanks to OVD Info for the heads-up

Alexei Gaskarov: What Politics?

Alexei Gaskarov: Many People Ask Whether I Am Going to Take up Politics. But What Politics Are There Nowadays?
Olesya Gerasimenko
Snob
November 1, 2016

Anti-fascist Alexei Gaskarov has been released from prison after serving three and a half years in prison for alleged involvement in the Bolotyana Square riot in Moscow in 2012. Snob asked Kommersant special correspondent Olesya Gerasimenko to meet with Gaskarov to discuss the Bolotnaya Square case, life and education in the penal colony, and the death of the protest movement. 

Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob
“Why would they ask me about organizing a riot if they knew no one organized it?”

Was your trial fair?

I regret we agreed to be involved in it. Like Soviet political prisoners, we should have stood with our backs turned and kept our mouths shut, and not treated it as an attempt to get at the truth. I had illusions after Khimki. [In 2010, Gaskarov was arrested and charged with attacking the Khimki town hall during a protest in defense of Khimki Forest, but the court acquitted him. — Snob] Several videos showed clearly that the incidents involving me happened before the riot kicked off, according to police investigators themselves. In the end, I ticked off the evidence, the judge nodded her head, but there was no reaction. The entire trial looked as if the decision had already been made, the sentence written out, and let’s get this over as quickly as possible.

So did you push a policeman and pull a soldier out of the police cordon?

I never denied it from the get-go. A year had passed since the rally on Bolotnaya Square. I was working on an important project. I had a week to go, and it was uncool to have to go to jail. I had to go to work on the Sunday the cops came for me. I had gone to the shop to buy food for the cat, and the whole clown show was waiting outside my building: two jeeps and a van. Young dudes half dressed like boneheads stepped out of the van. I decided they were from BORN [a group of radical right-wing nationalists who carried out a series of murders and assaults — Snob]. I was pondering what moves to make, but they produced their IDs.

Did you feel relieved?

No, just the opposite. I could have run from BORN or done something else. So they detained me and kept mum about what the charges were for a long while. They made me lie face down in the van and  the whole works. There were lots of things they could have detained me for. We had been defending the tenants of the Moscow Silk (Mosshyolk) dormitories from eviction and the Tsagov Forest in Zhukovsky from logging by developers. And shortly before my arrest, people who are now serving in the Azov Battalion attempted to assault my wife and me. I tussled with them, and it ended up on camera. So there were different possibilities. I was not thinking about Bolotnaya at all. When it finally became clear why I had been detained, I stared at them.  It was total rubbish. I told them I agreed to admit what I had done. We had been walking amid the crowd, when a riot cop attacked this dude. A dogpile ensued, and people pulled them apart. I was accused of pulling a policeman’s leg. The evidence was a poor quality video and a forensic report that concluded it was not me. But I knew it was me. So I told them right away, Guys, let’s do this the right way. But they could not have cared less whether I admitted my guilt or not. It would have been a different story if I had confessed to violating Article 212 of the Criminal Code (organizing a riot) or testified against someone else.

Were you asked?

They didn’t even mention it. Why would they ask me about organizing a riot if they know no one had organized it, including from their own wiretaps? They kept the charges to the incident with the leg pulling. Then they found a second incident. A stampede started in front of the police line. People were falling on the ground, and I tugged one policeman by the shoulder to make room. The indictment said I had broken the police line so that everyone could get to the riot. But this line had been at the passage in the other direction.

OIesya Gerasimenko and Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

Did you expect such a sentence?

They had already told me at the Investigative Committee they were going send me down. I said, Well, of course. Later, the Center “E” guys showed up and threatened me with ten years in prison, but I know that could not happen. The rules of the game are still followed, and punishment for a particular crime is usually consistent with ordinary practice.

How do you feel about the case of Udaltsov and his associates?

I have very negative feelings about it, of course. I ran into [Leonid] Razvozzhayev in the pre-trial detention facility, but I wasn’t really able to chat with him, because he was always in very bad shape. Udaltsov and his associates operated like real con men. Before May 6, 2012, they had no clue how the march would go, and there is no mention of sitdown strikes and rushing police lines in the wiretaps. But after everything had happened on Bolotnaya, they began acting in their meetings with Targamadze as if everything had gone according to their plans. Their initial excuse, that they had traveled to Georgia to talk about wine and mineral water, was pure idiocy. Naturally, it is not against the law to have meetings and discuss business. But there is a political ethic that does not let you behave this way. You go meet dudes from the government of another country, a country with whom [your country] recently had a conflict. You ask for money, and you take money. If these meetings had not taken place, the Kremlin would have failed to generate the image of the Bolotnaya Square case that it did. We should not have had to answer for things over which we had no control. The benefits to Udaltsov were personal, but everyone shared the risks.

So you received no money from Givi Targamadze?

Are you kidding? What money?

Who was the anonymous anarchist informer who testifed against you?

I didn’t even find out. I have had nothing to do with them for many years. The guys still have their little movement. Like Tolkien fans, they attend meetings and discuss for hours on end how they should make a revolution. They have been doing this for the last twenty years. It was of no interest to anyone. The FSB sent its people in. They went and had a look at it and said, Well okay, you have a cool club. When Center “E” was established, they went after them big time to push up their arrest stats. All anarchist meetings are open, anyone can come. So they are known to the authorities. The teenager from this scene who went to Bolotnaya and was involved in breaking through police lines was identified in this way. They put the squeeze on him: either we send you down or you tell us what we want to hear. I have no idea why this was necessary, because he just said I was a bad dude and the leader of the anti-fascists and anarchists. But nobody charged me with that.

“The rules of survival are simple: don’t do anyone harm”
Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

 

Tell me about life in prison. Everyone is interested in that. You know, reveille at six, lights out at ten.

Yeah. As you understand, people who are drug addicts, people going through withdrawal, basically live at night. After lights out, they either smoke or brew chifir [a super strong tea brewed in Russian prisons]. You just set that aside. You have your routine, and basically it is good for you. No one limits the amount of exercise you do: there is a horizontal bar, parallel bars, and a few weights. You are either working or busy with your own things. I got into shape there like I never have before. The point is to come up with as many things to do as possible so you have no spare time at all.

What did you read?

The library there was okay, because everyone who does time gets books and then leaves them behind. They see who has been nominated for the Booker Prize and order their books. It’s not hard to find new releases in prison. I also subscribed to several pro-Kremlin publications, and I read lots of your articles, too. And I read The New Times and Novaya Gazeta. I wanted different viewpoints. Plus, there is a legal video link in there. It is limited to fifteen minutes a day, but in fact nobody keeps track of the time.

Who were your cellmates? 

I spent half my sentence in a pre-trial detention facility. The dudes in there had been charged under Article 228 of the Criminal Code [purchase, storage, production, and sale of narcotics — Snob]. Their stories were horrible. One group of teenagers had gotten hash in the mail from Holland, and they had been sentenced to fifteen years in prison. Or there were the dudes who decided to cook amphetamine using a recipe they found on the Internet. They got nineteen years in prison. I was even ashamed to explain what my case was about, because I was surrounded by people facing over ten years in prison.  When the trial began, we were kept in Butyrka Prison. They were thieves, crazies, teenagers, street kids, and Dagestanis in there. I also met defendants in the Rosoboronexport case, the APEC Summit case, and the Sochi Olympics case, and I went to the gym with Alexander Emelianenko.

The general population at the penal colony consisted of three hundred men. Eighty percent of them were local dudes from Tula Region who had attacked somebody while drunk, stolen things from dachas, and committed petty robberies. But what is the catch about the general population? That a homeless man who broke into someone else’s dacha to spend the winter got sent down to the penal colony, and his life there is better than on the outside, and he is in the same place as a big-shot businessman who has lost a billion rubles and used to go sailing on his yacht on the outside.

Does this lead to lots of conflicts?

There are lots of conflicts, but the instigator always takes the rap for a fight. That doesn’t mean there are no fights. They are criminals, after all, and they tend to take risks. But the rules of survival are simple: don’t do anyone harm. If you watch TV after lights out, turn down the sound. Don’t drag in dirt. It’s all basic.

Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

Was it easy for you to understand them?

Yeah. In 2010, I was in a pre-trial detention facility with repeat offenders and learned the tricks. And during my early days in the penal colony I read Shalamov and Solzhenitsyn’s stories about the prison camps.

Like a set of rules?

Yes. The Center “E” officer who led the investigation in my case told me a lot and advised me what books to read. When I was on the inside, people asked my advice on how to behave.

When you got out you said the main thing had been to maintain contact with reality and your health. How did you maintain your health? Was the food there okay?

Due to the fact that support from the outside was good, I almost never ate in the cafeteria.

But what about hot meals?

There is a microwave there. The Federal Penitentiary Service (FSIN) now has taken the approach of not keeping you from improving your living conditions. They need to implement their strategy for improving conditions in the penal colonies, but their budget has been trimmed. When you arrive, everything is crappy. Water is dripping from the ceilings, and there is mold. But they don’t mind if you want to invest your own resources. You write everything up as humanitarian aid, and you get electric kettles and microwaves. We had a projector hanging in our cell for watching films.

Now everyone will want to roll back two years to read books and watch films on a projector.

We also purchased a bunch of armchairs from IKEA. So when the head office comes to make an inspection, they show them how cool everything is in their colony.

I think you wanted to get another degree in prison.

Unfortunately, it turned out the university with which the colony collaborates is just a degree mill that sells them for money. I did something else there. At work, I would often teach the basics of entrepreneurship and planning. There were people doing time in the colony with whom it was interesting to talk, bank chairmen and ministry officials. There was a space, an evening school. I brought around fifty people together and asked the wardens permission to run something like seminars. Everyone had to come up with his own project, and over eight months (my sentence was coming to an end) we would try and whip it into shape, with a business plan as the outcome. At first, they turned me down outright, saying I was in for the Bolotnaya Square case and would lead political discussions. But then there was a change in management at the penal colony, and they met us halfway. It was like a little piece of the outside world.

Generally, of course, the colony’s disciplinary and educational function has been tapped out. There are no resources. The majority of guys in there do not have the most basic skills. They cannot write a letter, but there is no one there at all to educate them. There is this option of watching films on the weekends. They show this rubbish, total nonsense. I went to the wardens and said, Let’s make a selection of good films; we can watch ordinary films in our cells. But they could not even decide to do that. They get their action plans from the head office, where the theorists work. They say, Let’s hold a sports day, even though athletic clothing is prohibited in the general population.

“They aren’t winning this game by turning to crackdowns”
Olesya Gerasimenko and Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

While you were away, the Khimki Forest was cut down. The Moscow Silk tenants were evicted. Anti-fascists fell out over Ukraine. Many of the people who rallied on Bolotnaya have emigrated. When you all; were being arrested one by one, everyone said it would be the case of the century, that everyone would close ranks because of you and for your sake, but ultimately you have got out of prison, the Bolotnaya Square case is still underway, and there is no longer any interest in it. Maybe you went to prison for nothing?

What does that mean, “nothing”? I had no choice. It’s good that the anti-fascist thing is no longer on the front burner. Nowadays, there are no more clashes with neo-Nazis, who were killing people in the early 2000s. Back then, they really needed a counterweight. Our job was to point out the problem and make things decent on the streets. We succeeded in doing this. But the anti-fascist movement cannot defeat xenophobia in society.

What do you think about the split among anti-fascists, that one group went to Kiev, while the other went to Donbass? They were at each other’s throats.

I always assumed that very different people joined the anti-fascist movement, and that was fine. There were aspects that just did not make sense to me. For example, why were European leftists strutting their stuff in Donbass? It looks as if they were totally conned.

As for Bolotnaya, choosing to be involved in this movement was fraught with risks. If we draw an analogy with Ukraine (although many people don’t like to do this), I don’t think that if the events on Bolotnaya had gone further those people would have balked at shooting the crowd. A bunch of people were killed in Kiev, while here in Moscow we were supposed to be scared off by prison sentences. They randomly picked a group of people and put them in prison. The rationale is clear. Whoever you are, if you oppose the tsar, you will suffer. How can we respond to this? We have to debunk the myth that such crackdowns are effective.

But that is what happened. Everyone really was afraid of being hit once with a truncheon, to say nothing of prison. Many members of the opposition have said the fight against the regime is not a worth a centimeter of their personal comfort. You are practically the only who does not think this way. Don’t you feel lonely?

Most people haven’t been to prison, and they really imagine it is the end of world. If I go to prison, I can kiss my life goodbye, they think. I just dealt with it more or less normally. But this is how I see it. When the authorities crack down on dissent, people lower their level of activism. They lose the desire to invest themselves in something. Ultimately, the system falls apart, rather than becoming more stable, as the authorities imagine. The country becomes less competitive. In prison, I saw many people who were doing time for economic crimes, and they all said approximately the same thing. People who have satisfied their material needs develop political demands, and that is fine. Everyone wants to be involved in changing things. When this desire for change is blocked, they are blocking the segment of society that generates the most added value. They aren’t winning this game by turning to crackdowns. Especially because the system is not as terrible as it makes itself out to be.

But people need to remain minimally active. It is too bad that many people have chosen the passive way. I have just got out, and it really seems to me that a lot has changed, even in Moscow itself. Although, theoretically, I saw it all ten years ago, only in Europe. We can live this way a long time. Hence the complexity of the political arguments around Bolotnaya. Given the resources we have have, we could live better, but the way things are also suits lots of people. In this case, the system can survive for a long while. We should not get involved in direct confrontations. This was clear to me on Bolotnaya Square as well. We wanted to get the hell out of there, because it was obvious the sitdown strikes and so on were just what the authorities wanted. But there are other ways of doing things. We don’t have to limit ourselves to demonstrations and rallies.

Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

What ways?

There are the demands made at Bolotnaya—fair elections and the transfer of power—but there is the option of engaging in specific targeted campaigns in order to develop one’s ideas under the existing regime.

You mean the theory of small deeds?

Among other things. For example, I read that many Bolotnaya activists have gone into charity work. In fact, that is not so bad. What matters is maintaining the energy. Or there is the successful fight against corruption, all those publications that impact the system, whatever you say. Or there are people in the leftist milieu who think there should be progressive taxation: they can also advance their arguments. Or form an anti-war movement given all the conflicts underway.

In prison, I realized how strongly the regime affects people’s brains. There are people who show up there who are not inclined to heavy discussions. Real peasants. All the myths that exist are in their heads. But when you are around them, you don’t even have to argue. Even the most impenetrable guys would change their minds just as a result of conversation. So any work aimed at disseminating information and minimal education is vital.

What did you change their minds about?

A variety of things, including their overall attitude to the opposition. In the beginning, it was even convenient for me, like there were only drug addicts at Bolotnaya, that they all had gone there to score heroin, and everybody would leave me alone [after I would say that]. But over time people see what you read, what films you watch on the Culture channel, that you can help draft a court appeal, and they understand you are not an idiot and would not have gone to a protest rally for a dose of heroin. There were lots of conflicts over Ukraine, especially because there were many people doing time who had managed to fight in Donbas, come back to Russia, and get sent to prison.

Olesya Gerasimenko and Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

For what?

Disorderly conduct, theft, and armed robbery. They were typical soldiers of fortune. We even managed to talk about this most difficult issue and iron out our differences.

Is Crimea ours?

I have a simple position on this issue. People went out on the Maidan because they did not like the current regime. I think what happened to Crimea was Putin’s attempt to punish them for this. The Ukrainian people made their choice, Putin didn’t like it, and [Russia] acted like the interventionists during the Russian Civil War. It is not a matter of what the inhabitants of Crimea wanted. It was an action directed against all the values we tried to defend on Bolotnaya.

So it’s not ours?

I consider it a real violation of international law. It was unethical and wrong. Clearly they did this to stick an example in everyone’s face: see what protests have done to the country. But I don’t have an opinion about what should happen next.

To return it or not?

Well yes. Because it is clear that most people who live there want to be part of Russia.

You went to prison in one country, but came out of prison in another country. What was it like finding out on the news about the historic events that were happening on the outside? Did you feel sorry you were observing them from afar? Or, on the contrary, was it easier?

To be honest, the latter. It was often difficult to make up my mind. For example, when refugees left Ukraine en masse, they would come work in the penal colony. You communicate with them and realize there is ideology, and then there are people’s stories, and it was hard to make up one’s mind. I actually thought it was cool this was going on in the background.

Alexei Gaskarov. Photo courtesy of Tanya Hesso/Snob

What is your work situation? What are you planning to do?

Of course, I would like to do the work I was educated to do, as a financial systems analyst, as it says in my diploma. My old job did not survive the crisis. I will have problems, of course.  I have even asked acquaintances at several companies, but I was told no way, especially in offices that work on state commissions or state projects. So things are rough. I will have to start everything from scratch. But I am sure that the fourteen percent have some businesses. [Gaskarov has in mind VTsIOM’s polling data, showing that 86% of Russians support Putin — Snob.]

Earning money is my priority now. Many people have asked me whether I am going to take up politics. Everyone has so many expectations, but what politics are there nowadays? It is impossible to be involved in politics without having your own resources. Of course, I say you shouldn’t be afraid of prison, but it is a serious setback all the same: three and a half years. A lot of missed opportunities and a backlog of problems.

Translated by the Russian Reader. Thanks to Gabriel Levy for the heads-up