Prisoners of the Article 212 Case

Our Common Cause
The criminal investigation of the “riot” on July 27, 2019, in Moscow is absurd. The frame-up has been concocted by Russian law enforcement authorities in plain view. All of the people charged in the case are innocent.

We demand that the authorities drop the case.

What Is the Article 212 Case?
On July 27, 2019, thousands of people took to the streets of Moscow to protest the invalidation by the Moscow City Elections Commission of the signatures of thousands of Muscovites in support of independent candidates for the Moscow City Duma, who were consequently barred from standing in the September 8 elections. The peaceful protest was marred when police and other security forces detained 1,373 protesters, an unprecedented number, and injured 77 protesters.

On July 30, 2019, the Russian Investigative Committee launched a criminal investigation of the events of July 27, 2019, under Article 212 of the Russian Criminal Code, which means the authorities want everyone to believe the peaceful protest was a “riot.”

At present, 13 people have been arrested in the case. All of them have been remanded in custody and faced three to eight years in prison if they are convicted as charged.

The Prisoners

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Sergei Abanichev
25, manager
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2 (“involvement in rioting”). According to investigators, Abanichev threw a tin can at a police officer on July 27.

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Vladislav Barabanov
22, grassroots activist from Nizhny Novgorod
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2. Barabanov is accused of “directing” protesters on Petrovsky Boulevard on July 27.

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

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

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Yegor Zhukov
21, student, Higher School of Economics
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2. Zhukov is accused of directing the crowd on August 27 by “pointing to the right.”
Moscow’s Presna District Court remanded Zhukov in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

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Kirill Zhukov
28, studied physics, engineering, and psychology at university
Arrested: August 4, 2019
Currently jailed in Remand Prison No. 4.

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Daniil Konon
22, student, Bauman School
Arrested: August 3, 2019
Charges: Russian Criminal Code Article 212.2
Currently jailed in Matrosskaya Tishina Remand Prison.

212-8

Yevgeny Kovalenko
48, railroad security guard
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212.2 and Article 318
On August 5, the court remanded Kovalenko in custody for two months. He and his legal counsel will appeal the ruling at a hearing scheduled to take place at Moscow City Court, Room 327, at 11:10 a.m. on August 22.

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

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

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Samariddin Radzhabov
21, construction worker
Arrested: August 2, 2019
Charges: Russian Criminal Code Article 212, Article 30.3 (“Preparations for a crime, and attempted crimes”), Article 318.1
Remanded in custody until September 27. Currently jailed in Matrosskaya Tishina Remand Prison.

212-12

Sergei Fomin
36, self-employed
Arrested: August 8, 2019
Charges: Russian Criminal Code Article 212.2

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Valery Kostenok
20, student, Moscow State University of Design and Technology
Arrested: August 12, 2019
Charges: Russian Criminal Code Article 212.2. Kostenok is accused of tossing two empty plastic bottles towards the police on July 27.
Currently jailed in Remand Prison No. 5 (Vodnik).

Our job is protecting innocent people from the lawlessness of Russia’s law enforcement agencies.

Our Team
We are a pressure group, established by activists, and friends and relatives of people who were detained by police in the aftermath of grassroots protests during July and August 2019 in order to coordinate assistance to protesters charged with felonies.

Our goal is to help the people arrested in the Article 212 Case and their families and friends, publicize the criminal prosecution of the protesters, and encourage other forms of solidarity and support.

We want to make everyone recognize there was no “riot” on the streets of Moscow on July 27, 2019.

We seek the release of everyone wrongfully prosecuted by law enforcement and the courts.

We want to see human rights honored and observed.

We are:

  • Armen Aramyan, graduate student at the Higher School of Economics, editor of the independent student magazine DOXA
  • Alexandra Krylenkova, civil rights activist
  • Nikita Ponarin, student at the Higher School of Economics, grassroots activist
  • Roman Kiselyov, civil rights activist
  • Maria Chernykh, co-founder, Verstak Design Bureau

And many, many others.

How Can I Help?

  • Sign the petition on the Article 212 Case, as launched by Novaya Gazeta on Change.org.
  • People in jail are cut off from the outside world. Letters are nearly their only connection to life, so you can write letters to the prisoners. If you don’t want to write and send a paper letter, you can send an electronic letter via FSIN-Pismo and RosUznik.
  • We are recruiting volunteers and organizing the systematic delivery of care packages to each prisoner in our chat room on Telegram.
  • Attend court hearings in the case: this is a really good way to support the prisoners. We will be publishing the schedule on Facebook, VK, and Telegram, as well as on this website.
  • If you want to join the campaign and you have ideas and the energy to support the prisoners and their loved ones, write to us on our chatbot.

What About Money?
Prisoners of the Article 212 Case is a volunteer project. We realize, however, that the people jailed in remand prisons need care packages, and their families need assistance. This costs money, sometimes at short notice, and that is why we are launching a campaign fundraiser in the coming days.

Sign up for our mailing list and we will send you an email when the fundraiser is launched.

Our support of the Article 212 Case prisoners and their loved ones would be impossible without our friends from OVD Info, Moscow Helsinki Group, and Team 29.
You can contact the project team on our chatbot.
Design
Visual identity: Sergei Tidzhiev
Website: Irina Nikolaeva

Source: delo212.ru. Translated by the Russian Reader

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The Persecution of Konstantin Kotov

Yan Shenkman
Facebook
August 14, 2019

Today, Kostya Kotov was sent down for two months. It was a temporary remand in custody, but there is a chance he could be charged with the same article in the criminal code as Ildar Dadin, meaning he could be sentenced to prison for up to five years for the sum total of administrative offenses on his record.

Kostya was always sticking up for people. He would go to courthouses and stand holding placards in their defense. If that is a crime, I don’t know what to say.

As Yana Teplitskaya wrote correctly today, the difference between Dadin and Kotov is enormous. Dadin attacked the regime, while Kotov stood up for its victims. Meaning he did what you cannot help doing if you have a shred of conscience left in you.

By coincidence, Dadin was detained today, too.

Kostya is a staunch opponent of violence: I have personally spoken with him about this. He is a calm, intelligent chap and works as a programmer. I cannot even remember him raising his voice to anyone.

And so it transpires he is a criminal and a danger to society.

This is awful, but I wanted to write about something else.

I was at Kotov’s court hearing today. The authorities took a long time getting him to the courthouse. The hearing was slated for ten, but it was around two when he was brought to the courthouse.

I went outside to have a smoke. A film crew from Channel One was hanging out there. Right then, a paddy wagon pulled up and guards led Kostya to the courtroom. I waved at him.

“Konstantin, tell us what you were arrested for?” the female reporter from Channel One yelled from right behind me.

I don’t know what answer she wanted to hear and how she imagined she would hear it. The distance between the vehicle and the entrance to the courthouse was ten meters or so. Kostya was handcuffed and under guard. Did she expect him to stop and explain to her why he had been arrested?

Someone next to me turned to her.

“For nothing,” he said.

Kotov had been taken away. I didn’t manage to finish my cigarette.

kotov-1Konstantin Kotov. Photo by Adik Zubcik. Courtesy of Facebook and Mediazona

“Any Injustice Would Upset the Guy”: The Man Charged under the “Dadin” Article
Anna Kozkina, Dima Shvets, and Elizaveta Pestova
Mediazona
August 13, 2019

On Wednesday, the Presna District Court will decide on custody measures for 34-year-old Konstantin Kotov, a programmer who has been charged under the rarely used Article 212.1 of the Russian Criminal Code, which makes repeated administrative violations at protest rallies a criminal offense. Mediazona tells the story of a man who had the bad luck to get involved in political activism in a period when people who attend any unauthorized public events are rampantly persecuted.

Comrades
It is August 13, the middle of the workday. The weather in Moscow is fine. A fifty-something man stands outside a presidential administration building on Staraya Ploshchad, holding a placard that reads, “Konstantin Kotov is being persecuted under the criminal code for defending political prisoners. Free the defender of freedom.”

The man is Nikolai Rekubratsky, a poet and researcher at the Freshwater Fisheries Institute who lives in Dmitrov. In his spare time, he and several allies run the Facebook Group Sentsov. Exchange. Today and Every Day.

Rekubratsky says members of the group have been holding solo pickets here every weekday since September 6, 2018. Usually, the picketers demand a total exchange of Russian and Ukrainian prisoners of war, but last night their comrade the 34-year-old Moscow programmer Konstantin Kotov was detained and charged with a criminal offense. Kotov was one of the people who came up with the idea for the daily pickets and had been actively involved in them.

_____________________________

caf20691d9cda5e2f430ad4794b128e3Illustration by Mike Ch. Courtesy of Mediazona

Article 212.1. How Many Times Have We Told You?
Article 212.1 (repeated violation of the rules for holding rallies) was added to the Criminal Code in the summer of 2014. In January 2015, for the first time, the Russian Investigative Committee charged three activists with breaking the new law.

_____________________________

“We met about a year ago at pickets in support of Oleg Sentsov, who was on hunger strike at the time in support of other political prisoners. It had a big impact on many people who were strangers to political activism. But Kostya had earlier attended protest marches of some sort. I don’t know exactly which ones,” says Nikolai. “He said he had no clue who Sentsov was, but when his hunger strike kicked off and Kostya read about it on the internet, it made a very strong impression on him and so he began supporting Sentsov.”

Other activists walked up to the entrance to the presidential administration. One young man hands Rekrubratsky his written surety for Kotov: tomorrow, a court will decide on custody measures for him. The people going into the building pay no mind to the picketers.

“Life was such that ever more events and injustices happened, and Kostya could not help reacting to them. He took part in pickets and was repeatedly detained,” Rekrubratsky continues.

kotov-2Nikolai Rekubratsky. Photo by Dima Shvets. Courtesy of Mediazona

Judging by his Facebook page and the accounts of friends, Kotov supported arrested Open Russia activist Anastasia Shevchenko and Alexei Navalny’s Anti-Corruption Foundation. He ran the Telegram channel #StopFSB, which is dedicated to the defendants in the Penza-Petersburg “terrorism” case and the New Greatness case. He tried to help Moscow State University graduate student Azat Miftakhov. That is, he empathized with the defendants in nearly all the current criminal cases with political overtones.

Kotov’s allies recall other stories as well, for example, how Kotov bought medicine for New Greatness defendant Anna Pavlikova or assembled care packages for the arrested Ukrainian sailors.

Nevertheless, on Facebook, Kotov listed his place of employment as DSSL, a company that produces video surveillance systems and, in particular, facial recognition software.

“Any injustice would upset the guy. He always reacted, going to rallies and standing in pickets. His stance was always extremely peaceful,” recalls activist Anna Babicheva.

“At the Nemtsov memorial march in February, Kostya for some reason gave me his placard, which is very well designed. There are silhouettes of crosses and bombs drawn on it, and the simple slogan, ‘Say No to War.’ It is a big A1-sized placard, and I really enjoy picketing with it. It’s my favorite placard by Kostya,” says Grigory Simakov, a volunteer at the Nemtsov Bridge memorial, a member of the 14% Movement, and a participant in the total prisoner exchange pickets.

It was Kotov’s protest activism that was the reason for the criminal charges filed against him under Russian Criminal Code Article 212.1 (“repeated violation of the rules for holding rallies, marches, and pickets”).

The Case
According to the written order to institute criminal proceedings, the case is based on three occasions on which Kotov was charged with administrative offenses in the last six months, although the document refers not to three but four violations.

The first administrative case had to with calls to take part in the Moscow City Duma elections protest on July 19 on Trubnaya Square, which Kotov posted on Facebook. The Tverskoi District Court in Moscow found him guilty of organizing a public event without notifying the authorities (Article 20.2.2 of the Administrative Offenses Code) and sentenced him to ten days in jail.

Earlier, on June 12, Kotov took part in a march in defense of journalist Ivan Golunov. The Presna District Court fined him 15,000 rubles after finding Kotov guilty of hindering the movement of vehicles and pedestrians (Article 20.2.6.1 of Administrative Offenses Code).

Kotov was detained during a gathering, outside an FSB building on May 13, in support of defendants in the Network and New Greatness cases. In this instance, the Meshchansky District Court found him guilty of repeated violations of the law on rallies (Article 20.2.8 of the Administrative Offenses Code) and jailed him for five days.

On August 10, Kotov again took part in an “unauthorized” protest near Staraya Ploshchad. According to investigators, he chanted the slogans “Let them run,” “Putin is a thief,” “We are the power here,” “Down with Putin,” “All for one, and one for all,” and “Russia will be free.”

After police dispersed the protest, Kotov spent two days at the Sokolinaya Gora police precinct. On August 12, he was released under an obligation to return to the precinct for a meeting with an Investigative Committee investigator. Several hours later, he was detained again and taken to the Investigative Committee for questioning.

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A screenshot from Maria Eismont’s Facebook page showing her and Konstantin Kotov after his release from a Moscow police precinct on August 12 and explaining that Kotov was “grabbed” and delivered to the Investigative Committee two hours after the photo was taken. Courtesy of Mediazona

OVD Info lawyer Maria Eismont described Kotov’s arrest as follows.

“They attacked him from behind. They threw him on the ground and twisted his arms behind his back. Yet, at the same time, they asked, ‘Konstantin, what are your political views?’ When his personal effects were searched at the Investigative Committee, they found a copy of the Criminal Procedures Code, a copy of the Administrative Offenses Code, a booklet entitled Crimea Is Ours, a bag emblazoned with poems by a poet from Lviv, and a placard that read, ‘Let them run.'”

“Then they found his mathematical engineering honors diploma.”

“‘Attaboy!’ said the investigator,” Eismont recounted.

In the late evening, it transpired that charges had been filed against Kotov under the relatively rarely used Article 212.1 of the Russian Criminal Code. After the release of Ildar Dadin, the first person to be charged, convicted, and imprisoned under the new law, it has been used only twice: against Vyacheslav Egorov, leader of the anti-landfill protests in Kolomna, and against Andrei Borovikov, who was involved in the anti-landfill protests in Shies.

Then came a nighttime search of Kotov’s home.

“Morning is arriving, dawn is breaking outside. Investigators put the placard they have found—’Free Ponomaryova,’ ‘Free Nastya Shevchenko,’ ‘Free political prisoners!’—on the living room floor. ‘Kostya, do you have bags to put all of this in?’ ‘I have garbage bags.’ ‘Those will do.’ There is a sewing machine. ‘Is it a Singer?’ ‘No.’ There are more placards. ‘You have a lot of this stuff,’ a field officer notes,” Eismont wrote in her description of the search.

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During the search of Konstantin Kotov’s apartment. Courtesy of Maria Eismont

Kotov was formally charged on the morning of August 13.

“Unfortunately, Criminal Code Article 212.1, which had been dubbed a ‘sleeper’ article, has woken up and sprung into action. Moreover, as in the Egorov case, the formal approach to the law has been taken in Kotov’s case, despite the Constitutional Court’s well-known ruling on the matter. This means that if a person has been found by the courts to have violated Article 20.2 of the Administrative Offenses Code three times over six months, the fourth violation is treated as a criminal offense,” says Eismont. “The fact that people involved in ‘unauthorized’ protests cross the street at crosswalks doesn’t matter to anyone. The Constitutional Court ruled that only those protesters who did something dangerous were liable to criminal prosecution and punishment. The system has shown that it regards protesting without permission as a danger to itself and, thus, a crime.”

Translated by the Russian Reader

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

petition

Kirill Martynov
Facebook
August 5, 2019

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

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

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

It says two things.

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

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

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

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

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

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

___________________________

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

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

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

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

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

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

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

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

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

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

None of them has admitted their guilt.

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

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

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

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

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

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

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

Moscow: Where Waving Your Arms Energetically Is a Felony

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

Yegor Skovoroda
Facebook
August 5, 2019

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

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

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

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

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

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

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

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

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

“What, me? No. Are you?” he replied.

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

Don’t be afraid.

Free all political prisoners!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The prosecutor seconded the investigator’s arguments.

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

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

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

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

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

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

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

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

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

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

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

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

938

ovd info-938

According to OVD Info, as of 9:00 p.m. Moscow Time today, July 27, 2019, 938 people had been detained in Moscow for taking part in an “unauthorized” grassroots protest against the disqualification of independent candidates who had registered to stand in the September 8, 2019, election to the Moscow City Duma.

Opposition politician Alexei Navalny, who called for this protest at last week’s “authorized” rally, which drew over 22,000 people, was arrested and sentenced to thirty days in jail earlier in the week. Several of the disqualified candidates and people associated with the opposition had their homes searched by police this past week as well. Several of them were also summoned for questioning to the Moscow office of the Russian Investigative Committee, which announced it had launched a criminal investigation of the opposition protests under Article 141 of the Russian Criminal Code, which criminalizes the “obstruction of voting rights or the work of electoral commissions.”

 

Russian Opposition Hit with New Wave of Searches and Arrests

Russian Opposition Hit with New Wave of Searches and Arrests
Yelena Mukhametshina
Vedomosti
July 25, 2019

On Wednesday evening, Moscow’s Simonovsky District Court jailed politician Alexei Navalny for thirty days for calling on Muscovites to go to the mayor’s office this weekend to protest irregularities in the upcoming elections to the Moscow City Duma. Law enforcement agencies simultaneously launched a dragnet against the Russian opposition. Investigators searched the homes of ex-MP Dmitry Gudkov, his colleague Alexander Solovyov, Ivan Zhdanov, director of Navalny’s Anti-Corruption Foundation (FBK), and municipal council member Nikolai Balandin.

The search in Gudkov’s home lasted around two hours. Investigators confiscated the politician’s computers, smartphone, and all portable electronic storage devices. Gudkov’s press secretary Alexei Obukhov said the search warrant mentioned the confiscation of all computer discs [sic] in connection with the protest rallies and pickets outside the Moscow City Elections Commission on July 14, 15, and 18. Identified as a witness in a criminal investigation, Gudkov was given a summons to an interrogation at the Main Investigative Department of the Investigative Committee’s Moscow office on Thursday morning. Navalny’s colleague Leonid Volkov reported that, after his home was searched, Zhdanov was taken immediately to the Main Investigative Department.

gudkovPolice searching Dmitry Gudkov’s apartment. Courtesy of Dmitry Gudkov’s Telegram channel and Vedomosti

FBK lawyer Lyubov Sobol, municipal district council member Yulia Galyamina, and ex-MP Gennady Gudkov have also been summoned to interrogations on Thursday morning.

“Would that they went after criminals this way. They are just scumbags!” Gudkov, Sr., wrote in an emotional post on his Twitter page after receiving a phone call from an Investigative Committee investigator.

On Wednesday afternoon, the Main Investigative Committee reported it had launched a criminal investigation into the protest rally that was held outside the Moscow City Elections Commission on July 14 by opposition candidates to the Moscow City Duma under Article 141 of the Russian Criminal Code, which criminalizes the “obstruction of voting rights or the work of electoral commissions.” In July 2019,  the Main Investigative Office writes, members of a particular movement organized illegal and unauthorized rallies and pickets outside the Moscow City Elections Commission in order to exert pressure on members of the election commissions and obstruct their work. People who attended the rallies threatened election commissions members with violence, the Main Investigative Offices reports. It did not specify which part of Article 141, in its view, had been violated. It could choose to indict people under Article 141.2, which carries a maximum punishment of five years in prison.

The protests out the Moscow City Elections Commission were sparked when district election commissions found flaws, allegedly, in the signature sheets of people intending to run as independent candidates in the September 8 elections to the Moscow City Duma. The flawed signature sheets, allegedly, disqualified them as candidates, and the local election commissions refused to register them. Among the disqualified candidates were municipal district council members Ilya Yashin, Konstantin Yankauksas, Anastasia Bryukhanova, Galyamina, and Dmitry Gudkov; Navalny’s colleagues Sobol and Zhdanov; and Yabloko Party members Elena Rusakova, Kirill Goncharov, and Sergei Mitrokhin.

All last week, the opposition kept up its protests, which had not been vetted by the mayor’s office, on Trubnaya Square. On Saturday, an estimated 22,500 people attended an authorized protest rally on Sakharov Avenue. During the rally, Navalny told the crowd that if all the independent candidates were not registered in the coming week, people should go to the mayor’s office on July 27.

On Wednesday afternoon, opposition politicians told Vedomosti they were prepared to rally outside the mayor’s office on Saturday.

“The criminal investigation is obviously an attempt to intimidate us. We want to run in the elections, but they refuse to put us on the ballot. Now they say they have launched a criminal investigation. We will keep defending our rights,” said Yashin.

Galyamina also believes the authorities are trying to intimidate the opposition.

“On July 14, [Moscow City Elections Commission chair Valentin] Gorbunov was at his dacha, and the commission was closed for business. It is unclear whose work we could have obstructed,” she said.

Gorbunov told Vedomosti that he was not at the commission’s offices on July 14, but that during election campaigns the commission’s working groups and members work weekends as well.

“Time is short and we have to wind things up,” he said.

Gorbunov learned about the criminal investigation from the press. He had no idea who had filed the complaint.

“I believe people need to act within the law. [Central Elections Commission chair Ella] Pamfilova said that rallies were not a form of political campaigning, that people had to work within the bounds of the law. I can only say that the rally outside the Moscow City Elections Commission was not authorized, but it is up to law enforcement agencies to comment on criminal liability for what happened,” he said.

However, on July 14, Gorbunov had told Vedomosti the commission was closed on Sundays.

“They [the opposition] might as well have gone to some factory that was closed on Sunday,” he said then.

The criminal investigation is probably meant by the security forces as a way to intimidate protesters, argues a person close to the mayor’s office. This source said it was clear police would detain people who attempted to attend an unauthorized rally on July 27.

According to court statistics, people have been charged and convicted of violating Article 141 extremely rarely. In the last ten years, the most “fruitful” years were 2009 and 2011, when fifteen and eleven people, respectively, were charged and convicted of violating the article.

In 2009, six people were indicted under Article 141 due to numerous abuses in the mayoral election in Derbent. In 2011, Andrei Ruchkin, head of the Engels District in Saratov Region, was charged under Article 141.3 for meddling with the work of the local election commission. In 2018, members of the Yabloko Party in Pskov were charged under Article 141 for encouraging voters to spoil their ballots in the gubernatorial election, but the charges were dropped for lack of evidence.

Criminal Code Article 141 is peculiar it is mainly employees of the executive branch who obstruct the exercise of voting rights and the work of election commissions, but they are almost never charged with violating the law, explains Andrei Buzin, co-chair of Golos, a Russian NGO that defends voting rights and monitors elections.

“It was not considered kosher to file criminal charges, and so several years ago a similar article was inserted into the Administrative Violations Code. Several election observers were charged under this law,” he said.

Buzin argues that the situation has been turned upside down.

“The protesters were defending voting rights, so it would truer to say that it has been the election commissions that have been obstructing citizens,” he said.

“There is almost no case law for Article 141. It is hard to say who could be charged with violating the law. We have had no experience with it,” said Pavel Chikov, head of the Agora International Human Rights Group. “There was an incident in the Moscow Region. Candidates were assaulted, but we were not able to get criminal charges filed.”

Now the article was being used to punish political “crimes,” he argued.

“It is a variation of the Bolotnaya Square case of 2012, only somewhat lighter. The defendants in that case were charged with rioting,” he said.

Chikov added that we should probably expect more arrests in the wake of the searches.

Translated by the Russian Reader