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

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

Ekaterina Vologzheninova
Ekaterina Vologzheninova

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Translated by the Russian Reader. Photo courtesy of Radio Svoboda

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

Victoria Lomasko: The BORN Trial

for_prigovor
Defendants Isayev, Baklagin, Volkov, and Tikhomirov

BORN: A Graphic Reportage by Victoria Lomasko
How the most brutal nationalist gang in Russia was tried
Apri1 21, 2015
Meduza

On Tuesday, April 21, the Moscow Regional Court will render its verdict in the trial of the Combat Organization of Russian Nationalists (BORN), one of the most violent nationalist gangs in Russia. They have a series of murders of immigrants and antifascists to their credit, as well as numerous attempted murders. In addition, BORN members murdered a federal judge, Eduard Chuvashov. A jury tried the members of the gang. In their verdict, the jury acquitted one of the defendants, Yuri Tikhomirov (who continues to serve a sentence, handed down earlier, for involvement in the murder of antifascist Ilya Dzhaparidze). The three other defendants—Mikhail Volkov, Vyacheslav Isayev, and Maxim Baklagin—were declared wholly or partially guilty, but deserving of leniency for most of the counts of the indictment. However, prosecutors have requested life sentences for Baklagin and Isayev, and twenty-five years in a maximum-security facility for Volkov. The final decision is now up to the judge.

Throughout the trial, artist Victoria Lomasko worked in the courtroom. Meduza presents her graphic reportage on the BORN trial. Meduza special correspondent Andrei Kozenko, who also followed the trial, has annotated the drawings.

01_10 dec
Isayev, Baklagin, Volkov, and Tikhomirov. December 10, 2014

Photography was strictly forbidden at the trial. It was Tikhomirov who petitioned the court to ban photography; he was the only of the four who completely denied involvement in the gang. The other defendants supported his claim. They said that Tikhomirov was “slow on the uptake,” and was of no use at all in serious matters, such as planning murders.

02_10 dec
Judge Alexander Kozlov. December 10, 2014

Moscow Regional Court Judge Alexander Kozlov presided over the trial. Overall, he was exceptionally tactful and pointedly polite.

“I understand nationalism and all that, but why did you have to kill?” he asked at one point.

Only one thing was forbidden in Kozlov’s courtroom: mentioning that the criminal case had obvious political overtones, that the ultra-rightists had been communicating with people from the presidential administration through a series of intermediaries, and that BORN itself was a project that could not have been conceived without their involvement. Kozlov ruthlessly barred all attempts to discuss this.

03_10 dec
Baklagin: “I came to the conclusion that the state weasels out when immigrants commit crimes.” December 10, 2014

 

Baklagin is a lawyer by training. He honestly testified that one of the murders was committed on a particular day, because on other days he had to be in court early in the morning. Baklagin was charged with six counts of murder, accessory to murder, and attempted murder. He said that he committed the crimes to restore the justice that was absent in the Russian state.

04_22 dec
Volkov: “I regarded my actions as self-defense in the broadest sense, as an attempt to put the thugs tormenting my people in their place.” December 22, 2014

 

Mikhail Volkov is a veteran football hooligan and member of the skinhead gang OB-88. He did hard time for a nationalist pogrom at the Tsaritsyno Market in 2002. Several times he was forced to explain he got neo-Nazi tattoos when he was “young and stupid,” but had later changed his views. Volkov was charged with one murder committed on his own and another murder committed with an accomplice. He himself said that his motives were about the same as those of Robin Hood.

05_22 dec
Goryachev: “I have never seen these people before. Until I was arrested I had never heard their names.” December 22, 2014

Ilya Goryachev’s testimony was billed as one of the key episodes in the whole trial, but it did not turn out that way. Educated as a historian, nationalist and spin-doctor Goryachev is regarded by investigators as the organizer of BORN. His case is being tried separately; it has only just been sent to trial. He served as a witness at the main BORN trial. He was expected to name the names of people close to the Kremlin who had in some way been involved in the Combat Organization of Russian Nationalists. But Goryachev denied everything. He allegedly did not even know any of the defendants.

06_12 jan
Tikhomirov: “I do not consider myself guilty, and was not a member of BORN. FSB officers cajoled Isayev and Baklagin into testifying against me.” January 12, 2015

The testimony of the defendants was riddled with inconsistencies. Judge Kozlov occasionally accused them of trying to shield themselves and evade responsibility. One of their main arguments was that BORN did not exist. Volkov, in particular, insisted he had heard the acronym only after he had committed the crimes.

07_12 jan
Tikhomirov and his lawyer. January 12, 2015

Yuri Tikhomirov sat quietly and spoke the least of all. He had never heard of any such gang, had been involved in only one point of the indictment, and had received a ten-year sentence for that crime before the others had been charged. The jury believed him.

08_12 jan
The court views a video recording. January 12, 2015

A significant part of the evidence against the defendants consisted of photos and video. In particular, thanks to surveillance cameras, prosecutors were able to prove that Volkov had committed one of the murders.

09_11 feb
Prosecutor (addressing jurors): “The BORN members were not in the habit of verifying information. Unverified information served as grounds for murders.” February 11, 2015

Prosecutors repeatedly attacked the ideological aspect of the BORN case. The nationalists did not want Russia to become like France, which was “swamped with immigrants.” However, they themselves had never been to France. And yet they sought information about future victims on ultra-rightist websites and in the media.

10_11 feb
Prosecutor (standing behind BORN’s attorneys): “As you have seen yourselves, the gang had more than enough weapons.” February 11, 2015

The hearing during which the physical evidence—the weapons seized from the gang—was presented was like a trip to a theme park. The BORN members used sawed-off hunting rifles and pistols, manufactured in the early twentieth century. They came by these weapons, apparently, through people who illegally excavate battlegrounds.

11_11 feb
Donara Dzhaparidze, mother of a murdered antifascist (Yuri Tikhomirov is seated to the left): “I can’t go into the apartment: Ilyusha is not there.” February 11, 2015

The mother of antifascist Ilya Dzhaparidze left Moscow for Georgia after her son was murdered. She could not go back to the flat where she lived with her son. Few cursed the defendants as she did. The defendants only looked away.

12_16 feb
Isayev’s attorney: “Baklagin has correctly pointed out that the antifascists are just another gang, but with different ideas. They were involved in a turf war.” February 16, 2015

Another mitigating argument mustered by the defense was that contemporary antifascists are nothing like the ones we saw in Soviet films about World War Two. They are an aggressive subculture with whom the nationalists would fight, including on the streets. It sounded plausible, but still did not answer the question of why it had been necessary to commit murder.

13_16 feb
Volkov (his mother seated in the foreground): “What sort of bandit am I? I have a family, kiddies… I read them to sleep at night.” February 16, 2015

The defendants’ relatives rarely came to the hearings and never together. They sat with the reporters, glancing occasionally at the ultra-rightists as they gave testimony. They flatly refused to talk to the press.

14_16 feb
Baklagin: “When the war in Ukraine began, I immediately applied in writing to join a penal battalion.” February 16, 2015

Baklagin asked to be sent to fight in the Donbas: his blood would atone for what he had done. BORN is closely linked to Ukraine. Volkov had escaped there before being extradited back to Russia. One of the most violent members of BORN, former FSB officer Alexei Korshunov, had escaped to Zaporozhye and died when a grenade he was carrying exploded. Finally, another suspect is still in hiding in Ukraine. According to unconfirmed reports, he is even fighting against the separatists.

16_20 feb
Tikhomirov’s lawyer: “Khasis and Tikhonov called each other ‘bunny rabbit’ and ‘kitty cat.’” February 20, 2015

Nikita Tikhonov and his common-law wife Yevgenia Khasis gave the most detailed testimony against the BORN members, which visibly irritated the latter. Tikhonov is serving a life sentence for the murders of lawyer Stanislav Markelov and journalist Anastasia Baburova. Khasis is serving eighteen years as an accessory to the murders. On the sidelines, the lawyers did not rule out that Tikhonov was taking responsibility for more than what he had done so that he could stay in a Moscow remand prison—near the crime investigation scene—rather than in the transpolar prison for lifers with its incredibly poor living conditions. Khasis just wants to get out early.

18_30 mar
Judge Kozlov: “If you decide that Isayev, Baklagin or Volkov deserve leniency, the court cannot sentence them to life in prison.” March 30, 2015

It took a very long time to empanel the jury in the BORN trial. Ordinary residents of Moscow Region were not chomping at the bit to serve on the jury. The defendants themselves rejected several candidates for “looking like antifascists.” Nevertheless, a jury was seated and they produced a verdict in the trial. The defendants were found worthy of leniency. But not Baklagin and Isayev, who had shadowed Judge Chuvashov. (The late Korshunov was deeemd to be his killer.) The chance of a life sentence for them persists.

19_31 mar
Jury forewoman: “Has it been proven that Tikhomirov was a member of BORN? No, it has not been proven. Six jurors voted yea; six, nay.” March 31, 2015

Those who followed the trials called the jury’s verdict a little too soft on some counts. But be that as it may, only Tikhomirov was acquitted.

20_
The jurors

Court juries have this peculiarity: all parties to the trial focus the attention of jurors less on the legal aspects and try more to play on their emotions. No lawyers are empanelled, after all. Both the prosecutors and the defense asked the jury to be fair. It rendered its verdict. The judge will turn the verdict into specific sentences for the BORN trial defendants.

Editor’s Note. I thank Victoria Lomasko and Meduza for their permission to translate this article and reproduce Ms. Lomasko’s reportage here. All illustrations courtesy of and copyright Victoria Lomasko and Meduza.  Translated by the Russian Reader