Dmitry Buchenkov, Last Bolotnaya Square Defendant, Flees Russia

CF8AAC04-C132-492E-9382-9B569A27A780_cx0_cy8_cw0_w1023_r1_sDmitry Buchenkov

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

Be Kind, Don’t Repost

Andrei Bubeyev (right) in the defendant's cage at his trial
Andrei Bubeyev (right) in the defendant’s cage at his trial

Tver Resident Sentenced to Two Years in Work-Release Penal Colony for Two Reposts on VKontakte
Takie Dela
May 5, 2016

The Zavolzhsky District Court in Tver has sentenced mechanical engineer Andrei Bubeyev to two years and three months in a work-release penal colony for extremism and separatism, writes Kommersant.

The defendant’s lawyer, Svetlana Sidorkina, said the court delivered its verdict “on all the charges summarily and taking into account the verdict in the first criminal case.” In addition, the time Bubeyev has served in a pre-trial detention facility since May 24, 2015, will count toward completion of his sentence. According to Sidorkina, the verdict will be appealed.

The basis for the charges were two reposts Bubeyev made on the VKontakte social network. He posted the article “Crimea Is Ukraine” by writer and political activist Boris Stomakhin on his personal page and a picture of a tube of toothpaste captioned “Squeeze Russia out of you.”

The prosecution argued this was a violation of Russian Federal Criminal Code Article 280.2 (public calls for extremist activities) and Article 280.1.2 (public calls for actions aimed at violating the Russian Federation’s territorial integrity) and requested that Bubeyev be sentenced to three and a half years in prison. Bubeyev pleaded not guilty.

In August 2015, the blogger was found guilty of extremism and sentenced to nine months in a work-release penal colony for reposting similar matter and pictures.

In February 2016, a court in Yekaterinburg ordered the laptop of single mother Ekaterina Vologzheninova destroyed because she had made certain likes and reposts. Investigators claimed that in 2014 Vologzheninova posted images deemed extremist by FSB officers on a social network. The investigators did not report exactly what was in the images. According to the woman’s attorney, one of the images was a caricature in which a person resembling Vladimir Putin was hunched over a map of Donbass with a knife.

Translated by My Left Foot. Image courtesy of openrussia.org

_______

Russian Jailed For Reposting ‘Extremist’ Article
RFE/RL
May 6, 2016

A court in the Russian city of Tver has sentenced a man to two years and three months in prison for reposting material about Crimea on a social media network.

The court on May 5 found that engineer Andrei Bubeyev reposted an article by publicist Boris Stomakhin that had earlier been deemed “extremist” and “threatening to Russia’s territorial integrity.”

The piece argued that the Ukrainian Black Sea region of Crimea had been illegally annexed by Russia and should be returned to Ukraine.

In April 2015, a Moscow court sentenced Stomakhin to seven years in prison on charges of promoting terrorism and extremism.

Stomakhin says the charges against him were politically motivated.

In the region of Chuvashia, investigators have accused 62-year-old Nikolai Yegorov of inciting national enmity for reposting the same Stomakhin article.

Yegorov denies the accusation and his trial is pending.

Railroading Dmitry Buchenkov

How the Investigative Committee Interrogated Me in the Buchenkov Case (Bolotnaya Square Case)
Yaroslav Nikitenko
April 27, 2016
yaroslavn.livejournal.com

Yesterday, I went to the Investigative Committee for questioning in the Dmitry Buchenkov case (part of the Bolotnaya Square case).

Dmitry Buchenkov is one of the recent defendants in the case. He was arrested on December 2, 2016. The investigation has been plagued by gross violations from the get-go. Buchenkov’s attorney, Svetlana Sidorkina, was not allowed to see the accused. She was thus unable to defend him not only at his pre-trial custody hearing but was also unable to establish his whereabouts for several days. During this time, investigators were subjecting him to psychological pressure. Dmitry has been accused of involvement in rioting (Criminal Code Article 212.2), the rioting that, allegedly, took place on Bolotnaya Square in Moscow on May 6, 2012, and of using non-life-threatening violence against officials. Dmitry and his loved ones have claimed he was not at Bolotnaya Square that day. He was visiting relatives in Nizhny Novgorod, and so could not have committed the crimes of which he has been accused. I am a witness in the case, because I have known Buchenkov for many years and was at Bolotnaya Square on May 6, 2012.

On December 11, 2015, a photograph of a “man in black,” whom investigators believe to be Dmitry Buchenkov, according to activists, appeared on the Internet.

I am the man in the white t-shirt standing next to the “man in black.”

I do not know the man in the black hoodie in this photograph or whether he inflicted a great deal harm on the policeman in body armor and helmet, but it is obvious to me he is not Dmitry Buchenkov.

When I saw the photograph and realized the man was not Dmitry, I contacted Svetlana Sidorkina and told her I could act as a witness in Dmitry’s case.

Later, I learned that the same man in black has been accused of upending port-a-potties on Bolotnaya Square on May 6. I can also testify that during this incident I was in the vicinity of the port-a-potties from the very beginning and nearby until the police finally dispersed everyone. Dmitry Buchenkov was not there.

Between the public garden and the embankment. I am in the middle in the white t-shirt. Photo courtesy of martin.livejournal.com
This is a bit closer to Bolotnaya Square. I am the person left of center in the white t-shirt. Photo courtesy of Yevgeny Feldman

The general sequence of events was as follows. I arrived at the Oktyabrskaya subway station, where the march started, approximately at the beginning of the event (i.e., 3 p.m.). I marched with the bloc of Pussy Riot supporters, and I was wearing a pink balaclava (which is dangling from my chest later in the photographs). On Malyi Kammenyi Bridge, our group and the LGBT bloc were attacked by provocateurs, who tried to snatch a flag. Then there was a sit-down strike near the Udarnik movie theater. I thought about sitting for a while too, but I didn’t like it very much. I could not get through to Bolotnaya Square, although I wanted to make it to the rally, because, it seemed, they were not allowing anyone to enter. Subsequently, closing the entrance to the square has been regarded as one of the numerous police provocations at the rally. Then someone seemingly decided to try and break through the police cordon. I am not sure whether I saw it myself or read it about later on the Internet, but the idea seemed pretty silly to me then and still seems that way now, because there were really a lot of police, and the people who broke through the first cordon probably went straight to the paddy wagons. At some point, stones started flying at the police. What I remember most of all was how the police split the crowd outside the Udarnik theater into several sections, and a huge column of cops ran through the empty space wielding batons and indiscriminately hitting the people standing along the sides.

Gradually, I moved closer to Bolotnaya Square. There, I stood for a while in a human chain with people who thought it might be an effective self-defense. But it wasn’t. Policemen armed with batons constantly attacked these people, hitting them and dragging individuals out of the crowd to arrest them. Then I remember that someone who looked a bit wild-eyed suggested we overturn the toilets, as if it were really important and could protect us from the mobs of police. Then everything [the contents of the port-a-potties? — TRR] spread out over the pavement, and even more police came running from the direction of Bolotnaya Square to disperse the group of people there as well. (This was between the public garden in Bolotnaya Square and the embankment.) I went back over Malyi Kammenyi Bridge around 8 p.m.

I also do not remember this tent being set up. (Although I cannot vouch for the fact it is the same tent I saw.) Photo courtesy of Yevgeny Feldman and Novaya Gazeta

The man in the photos bears no resemblance to the real Dmitry Buchenkov.

Dmitry Buchenkov. Photo courtesy of ad-sr.info
The man in black (left) and Buchenkov. Their noses and chins are shaped completely differently.

Read Dmitry Borko’s analysis for a detailed comparision of photographs of Buchenkov and the man in black. A criminal expert, cited by Borko, is certain that Buchenkov and the man in black are different people. Borko also lists psychological and political inconsistencies. Indeed, why did it take the police three and a half years to find an activist whose identity had long been know to them if photos and videos of him at Bolotnaya Square were, allegedly, plastered all over the Internet? I would remind you that Maxim Luzynanin, who was wearing a mask the whole time on May 6 and was virtually unknown within the protest movement, was located by police in May 2012.

The man in black felt quite at ease on Bolotnaya Square. He hit policemen, threw them on the pavement, tossed glass bottles at them, sprayed them with pepper spray, and overturned toilets. He clearly sensed his own impunity.

Photo courtesy of Yevgeny Gurko and OpenSpace.ru

As someone who has long been involved in protests and grassroots movements, I can say such behavior is virtually impossible for a very experienced activist. Anarchists and anti-fascists quite often cover their faces even at authorized rallies where nothing illegal is happening. Approximately half of civil society’s work involves defending unjustly accused comrades and political prisoners. Every longstanding activist (such as Buchenkov) is well aware that if activists with no ties to the authorities give them the slightest excuse, they will be jailed instantly, while even if they give them no excuse, the authorities will fabricate a case against them. It is obvious to me that no opposition activist could have behaved with such flagrant impunity. That means he could have been someone linked to the authorities, whose safety had been ensured in advance and who was handsomely remunerated. I do not believe he was a random person, because he was clearly well trained to do what he did. He avoided arrest and was armed with a pepper spray can. (For some reason, however, he did not wear a mask.) Civic activists clearly have nowhere to go where they could do such training. I think the man could only have been a specially trained intelligence officer, and this explains why he could not be found (probably because no one looked for him). It is another question why Buchenkov had to take the man in black’s place. It is quite possible the authorities want to put pressure on protest movement activists in the run-up to September’s parliamentary elections. (They are ready to jail anarchists and anti-fascists any time.) Besides, it is quite possible the security agencies do not always coordinate their actions, and arresting another man was a clear miscalculation on their part.

Compared to other protest rallies, there were a great number of provocations at Bolotnaya Square. Moreover, the authorities initially knew about them but did nothing to prevent them. In all likelihood, they took advantage (and set up many of them themselves).

The fact that the man in the photographs is not Dmitry Buchenkov is obvious to me and other people who know Dmitry personally.

Moreover, I did not see Dmitry Buchenkov on Bolotnaya Square at any point on May 6, 2012.

I was right next to the man in black during the incidents of which he has been accused (as listed above). Of course, my memory of the man has now faded. But if an acquaintance of mine had been next to me and the police had tried to beat him, and he had done the things the man in black did, I could not have failed to remember it.

It is impossible not to recognize an acquaintance who is at arm’s length from you. Besides, during the incident with the toilets there were many fewer people there; the crowd was considerably thinner. So not seeing and not recognizing an acquaintance of mine there (especially one who stuck out so much in terms of clothing and behavior, and was demonstratively at the very center of events) would also have been impossible.

Would the above-mentioned facts be meaningful in an objective investigation? In my opinion, they would be of primary importance. But my testimony proved fairly uninteresting to the actual investigation. On January 11, I wrote a letter to the Investigative Committee. I explained I was personally acquainted with Buchenkov, had been at Bolotnaya Square, and could act as a witness in the case. I received a formal reply from Major General R.R. Gabdulin of the major cases division.

“The information related in the letter will be taken into account during the investigation of the criminal case in question,” he wrote.

The investigators have probably already found policemen who probably had never seen Dmitry Buchenkov in their lives but have already testified they saw him, just as their higher-ups wanted them to do. Why would they need more witnesses? I believe this shows clear bias on the part of the investigation and an unwillingness to establish the truth. Policemen committed many crimes on Bolotnaya Square, but none of them has been punished. Where there is obvious bias there can be no justice.

The Investigative Committee’s reply to my letter

Suddenly, last Monday, April 24 (i.e., three months after I wrote my letter and four months after Buchenkov’s arrest), Investigator Uranov telephoned me and asked me to come to the Investigative Committee for questioning. Buchenkov’s attorney, Svetlana Sidorkina, had no longer been counting on my being summoned to the Investigative Committee as a witness and had put me on the list of defense witnesses. In this case, an investigator was obliged to question me.

Yesterday [Tuesday, April 26], my attorney and I arrived at the Investigative Committee at 12:30 p.m. (The investigator had initially scheduled us for 1 p.m., but an hour and a half before our meeting, he called and said the building’s security checkpoint closed at 1 p.m. and we had to be there earlier.)

There was a huge Saint George’s Ribbon (two hands’ long) hanging from Investigator Uranov’s desk lamp, and a picture of people convicted in the Bolotnaya Square Case, published on the website of the May 6 Committee, hung above his desk.

74182
Some of the people convicted in the Bolotnaya Square Case: Alexandra Dukhanina, Yaroslav Belousov, Andrei Barabanov, Artyom Savyolov, Denis Lutskevich, Alexei Polikhovich, Stepan Zimin, and Sergei Kriov, along with their sentences. Image courtesy of May 6 Committee. TRR

When we finished, the investigator made me sign an agreement not to disclose information from the preliminary investigation. He explained I could talk about what had happened on Bolotnaya, but I could not talk about what I had been asked during questioning and what testimony I had given. He also warned me I would be held criminally liable if case information were disclosed.

So I have not written here about what happened during the interrogation yesterday, and everything I have written in this post is either publicly available on the Internet or is my own personal knowledge and opinions and has nothing to do with the investigation’s classified information.

Just in case, I asked another lawyer friend whether I could write this.

“You know what the times are like now yourself. If they want to get you, they will find a crime to charge you with, so it’s better not to write,” he replied.

However, according to Article 161.2 of the Criminal Procedural Code, “The investigator or interrogating officers warns those involved in criminal proceedings of the inadmissibility of disclosing information from the preliminary investigation without proper authorization.”

So I decided to act in keeping with what the investigator himself had said, and another lawyer confirmed I could write about it. I think it is very important to testify publicly about what I saw at Bolotnaya Square and why Buchenkov had nothing to do with it, especially because I don’t know whether I will be able to do it in the future.

When I wrote that I had been summoned to the Investigative Committee in the Bolotnaya Square Case, very many friends of mine were worried. Many of them wrote that one could go from being a witness to a suspect almost in an instant. Many wrote that I had better not go. Everyone advised me to be careful. I can vouch for myself that I did nothing illegal on Bolotnaya Square on May 6, 2012, but it is clear they can easily fabricate a case and find a whole platoon of “witnesses,” as they have done many times before. I would only note that in a country that has the rule of law and where law enforcement agencies work to administer justice and protect the rights of citizens, this attitude on society’s part to the status of witnesses in criminal cases would be impossible.

And today, investigators began putting real pressure on me. The day after my questioning, the investigator suddenly telephoned and asked me to report to him tonight. Unfortunately, my attorney could not come with me tonight, so I offered to come with him tomorrow. Uranov (the man who, after Dmitry’s arrest, searched his parents’ flat in Nizhny Novgorod and did not inform his lawyer of his whereabouts) replied that this did not bother him very much.

“You can come with another lawyer or without a lawyer,” he said, adding, “You are a witness, after all.”

During his next call, Uranov informed me that my lawyer could not come at the time tomorrow I had just scheduled with him, because another investigator in the same case had summoned him. But then my lawyer told me he was not going on another case and was willing to go with me to questioning even at ten in the morning.

This entire conversation was conducted with me acting as the intermediary for some reason, and the investigator said several times I could find another lawyer. Uranov also insisted I not write about this on Facebook, but that I look for another lawyer and come to see him today: it was extremely urgent. Obviously, this way of doing things was illegal, because the impossibility of having a lawyer present during question is a legitimate excuse for failing to appear for questioning. Fortunately, realizing he would not be able to persuade me, the investigator agreed to reschedule the questioning to tomorrow, but he reminded me about administrative responsibility [for failing to respond to a summons — TRR] and repeated several times I could be forcibly brought in for questioning.  In any case, I would have filed a written statement that I would not take part in the investigation without a lawyer and would remain silent. But I would like to note that when investigators behave this way with witnesses, they are signaling to the public that witnesses in political cases will have problems.

My lawyer and I had met before in another case, and he had been at his best then. He is now also involved in the Bolotnaya Square case, and so it was quite important to me that he come with me. However, when I called him to say the investigator could question us tomorrow at ten in the morning, it transpired that all his papers had just been stolen and he would not be able to come tomorrow. I hope it has nothing to do with this case.

Many people have been quite demoralized by the Bolotnaya Square case, but I am not pessimistic. I have also found it painful over the last few years to see this injustice and hear that my acquaintances have been convicted or have been forced to leave the country. Society, however, is a complex system, and the political situation changes rapidly. Many of the prisoners of May 6 were convicted despite massive protests against the case. But that is no reason to give up. People who do not give up always have a chance of winning, and this is especially true in politics. I can see that the case against Dmitry Buchenkov has obviously been grossly fabricated. It is a complete failure on the part of the Bolotnaya Square case investigators, and whether or not you support Dmitry’s political views, you must talk about the case as much as possible.

We must fight back against the obviously unfair and unjust charges against Dmitry Buchenkov.

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

Socrates Has Not Surrendered: The Plight of Political Prisoner Alexei Sutuga

Alexei Sutuga, December 10, 2015. Photo courtesy of Svyatoslav Khromenkov
Alexei Sutuga, December 10, 2015. Photo courtesy of Svyatoslav Khromenkov

PERSCECUTION
No medical treatment, no letters, no visits. A political prisoner’s life in a penal colony. Zoya Svetova and Alexei Glukhov investigated the conditions of antifascist Alexei Sutuga’s imprisonment
December 14, 2015
Open Russia

29-year-old Muscovite Alexei Sutuga is an antifascist activist known among antifa by the nickname Socrates. On September 30, 2014, the Zamoskorechye District Court in Moscow sentenced Sutuga to three years and one month in prison for disorderly conduct for his alleged involvement in a fight at a Sbarro restaurant in the city. Sutuga’s defenders believe the criminal case was revenge on the part of Center “E” officers who had already tried to put Sutuga behind bars for his alleged involvement in a fight at the Moscow nightclub Vozdukh, for which he had been amnestied.

The Memorial Human Rights Centre has declared Alexei Sutuga a political prisoner.

In March 2015, the antifascist was sent to Correctional Colony No. 14, a medium-security facility, to serve his sentence. He was soon put in solitary confinement, and two months later he was sentenced to a new type of punishment, a year’s imprisonment in a single-space cell. Now Sutuga is serving his sentence at Correctional Colony No. 2 in Angarsk, Irkutsk Region.

Olga Sutuga, Alexei’s mom, explained to Zoya Svetova how and why her son is being pressured in the colony.

Solitary confinement and single-space cells are forms of penitentiary repression. Is this improvisation on the part of local wardens or are there orders from above? Is there a plan to break your son?

It began in Moscow, when the FSB wanted Alexei to cooperate with them. They came to him while he was still in the remand prison and suggested he collaborate. They said he would serve his sentence in far from the best conditions, in a colony far from Moscow Region. That is what happened: he was sent to Siberia. And there, in the remand prison, he was again visited by two Center “E” officers who suggested he collaborate and promised that in exchange he would do his time in the Irkutsk Remand Prison and get parole. But he did not agree to these proposals.

What exactly do they want from him? To snitch on anarchists?

Apparently, yes, because he knows a lot of people, is a fairly authoritative person in that world, and has his own opinion. Not only anarchists but also other activists listened to him. He is a very inconvenient person for the secret services. He always spoke the truth, and they decided it was vital to break him and force him to cooperate with them.

How do you keep in touch with your son? He is not allowed visits, letters, and telephone calls. How do you find out what is happening with him in the penal colony?

Only through his lawyer. When his lawyer battles his ways through to see him, he finds out that Alexei has not been getting letters from his wife, from me or from his friends. On November 30 he was released from solitary confinement, where he had spent ten days. Now he is in a single-space cell in Correctional Colony No. 2 in Angarsk, Irkutsk Region. He is supposed to spend a year there—until May 2016.

Is he considered a repeat offender of prison rules?

Here are some of the violations he has been charged with: not making his bed, having his nametag torn from his clothing, and sleeping during the daytime while sitting on a stool. For all these things he was deemed a repeat offender. When in late May he was transferred for a year to the single-space cell, the warden of the single-space cell facility told him he would not be getting out of there, that he would be spending the rest of his sentence in the “jug,” that he would not be returning to the medium-security facility, although by the verdict of the court he should be serving his sentence in a medium-security penal colony.

Is Alexei in solitary?

No, there are four people in there.

How can we help him?

He has asked that people do not stop paying attention to the whole situation, because if they do not write and talk about it, the prison wardens will see they can do anything they like and will use even more repressive methods against him.

How long does he have till the end of his sentence?

One year and five months.

Do members of the Public Monitoring Commission (PNC) visit him?

Employees of the PNC come to see him every two or three months. They constantly file complaints about violations of his rights with the Federal Penitentiary Service. But it does not help: no one pays any mind to the complaints.

Those violations of the rules in the remand prison for which he has been punished, were they real or contrived?

It is impossible to comply with all the rules there one hundred percent. Maybe the nametag really was torn off his clothing. But Alexei definitely did not have a shiv, because when he was transferred from the remand prison to the penal colony, six people searched him, and the trip from the prison to the colony takes half an hour. [Angarsk is forty kilometers away from Irkutsk — Open Russia.] So it is completely unclear how he could have got hold of a shiv if he was in a paddy wagon with guards the entire half hour.

When is your next visit with him?

I was authorized to visit him in October but I was unable to go. I will go in late December. I wanted to get to see him during the January holidays. But I am not sure it will work out. When the lawyer went to see the head warden of the colony and find out whether I might be able to get this visit, the warden replied there would be no visits due to the fact that Sutuga was socially dangerous.

Is that even legal?

No, of course not. By law I have the right to visit him. I wrote to the head warden of the colony asking him to give me a visit. If he does not respond to me within fifteen days, then we will file another complaint. Unfortunately, though, complaints have no impact. We write to the Federal Penitentiary Service, the prosecutor’s office, and the court.

How does Alexei spend his time? Is it true he has no books and is unable to get periodicals?

The prison does not accept books sent to him, and it also does not give him the periodicals we subscribed to for him. I wrote to the warden and asked what happened to the periodicals that were sent by mail in my son’s name to the penal colony. After all, we had paid money for the subscriptions. It smacks of petty theft.

What is his mood?

When attorney Svetlana Sidorkina went to see him in October, she said that Alexei was very depressed, sick, and his knees were swollen and painful. He was diagnosed with acute arthritis and tossed out of the infirmary back into the cell. He receives no medical treatment or medical examinations. Sidorkina brought him letters from me and from his friends. That supported him. The local lawyer, who visited him the other day, says that Alexei’s mood has improved. Generally, he is a very active person, and if he has no opportunity to do anything he gets depressed. But now, apparently, he has realized we are fighting for him, his friends wrote that he has not been forgotten, and so his mood has been normal and he is holding up. He will turn thirty on January 24. It’s a big birthday.

How Alexei Sutuga Was Made a Repeat Offender

After his trial in Moscow, Alexei was sent to the Irkutsk Remand Prison. When the prison staff confiscated his personal belongings and letters, Sutuga protested by declaring a hunger strike and demanding to be transferred to a penal colony. Three days later, Sutuga was transferred to Correctional Colony No. 14 in the city of Angarsk, Irkutsk Region.

However, as soon as Alexei arrived at the colony, a shiv was found on him. Sidorkina believes prison colony staff planted the shiv on him.

Before his transfer from the remand prison, Sutuga was undressed completely, all his personal belongings were examined, and the procedure was filmed on a video recorder. No forbidden items were found. The paddy wagon in which he was transported in the company of three guards was also inspected.

At the penal colony, Sutuga was immediately taken to the search room, where in the presence of ten colony staff he was again forced to strip and put all his things on a table. As Sutuga was undressing and simultaneously replying to the questions of penal colony staff, one of them suddenly discovered a sharpened metal object in Sutuga’s cap. Sutuga claimed he had nothing to do with the shiv.

Sutuga was placed in solitary confinement for seven days.

Over the next month, Sutuga received three more disciplinary reprimands: for not wearing a badge, for not reporting to the on-duty guard, and for not cleaning his room.

Due to these clearly fabricated violations, Sutuga was declared a repeat offender of prison rules and was first transferred to a high-security cell, then to a single-space cell.

What Is a Single-Space Cell?

Sutuga is now imprisoned in a single-space cell [edinoye pomeshchenie kamernogo tipa or EPKT] at Correctional Colony No. 2 in Irkutsk Region.

Single-space cells were instituted in penal colonies after July 1997. Previous to this, each penal colony had contained an “internal prison”—a cell-like space [pomeshchenie kamernogo tipa or PKT]. Now single-space cells have been devised that are no longer managed by the particular correctional facility, but by the regional office of the Federal Penitentiary Service. Prisoners placed in single-space cells are often in the process of transfer to another city and sometimes another region. But Alexei Sutuga has been left in the very same city, in Angarsk.

Members of the Irkutsk Public Monitoring Commission reported what they saw at Correctional Colony No. 2 in June 2015.

“There were heaps of construction debris in the yard in front of the entrance to the space. The cells were dimly lit, there was no ventilation, and the radio was not working. The tables were ninety by fifty centimeters, and there were benches ninety by twenty centimeter benches on each side. They were in the middle of the room, so it was problematic for four people to fit in the room at the same time. There was also very little space to move around. The drinking water was poured from the tap into tanks in the rooms.”

Top brass at the Irkutsk Regional Office of the Federal Penitentiary Service reacted to the remarks, but as of October 2015 the construction debris had not been removed. In conclusion, the PMC wrote:

“Slag mixed with ash that is loosened up every day is scattered near the entrance to the building and around the entire perimeter of the room. It is not only that the slag exudes harmful substances (sulfates, phenol, etc.) but also that the dust from the slag and ash gets into the air and from there, through the windows, into the cells and exercise yards, harming the health both of convicts and staff.”

Alexei Sutuga Does Not Receive Medical Treatment in Prison

The antifascist has several ailments that require treatment.

“In October, the public monitors established that Alexei was not being given packages with medicaments: they were being sent back. Staff at the facility explained that they do not let packages through if the permitted number of them is exceeded. And yet they do not look inside to determine whether they contain medicaments or not, but just send them back. They say the sender has to personally come to the facility and submit the package through the infirmary,” recounts Irkutsk human rights defender Svyatoslav Khromenkov.

In the presence of members of the PMC, Sutuga was prescribed an x-ray. At the time of the visit Sutuga was in the facility’s medical solitary confinement cell with a foot injury. According to him, he had an old sports injury, which had flared up after he had struck his foot against a nightstand. Sutuga also complained about lung problems: he said he was having trouble breathing. He believed he had pneumonia.

Lawyer Denis Ivanets says the trauma specialist in the infirmary at Correctional Colony No. 6 diagnosed Sutuga with first- and second-degree severe arthritis in both knee joints. This is a chronic illness. Civilian trauma specialists told the lawyer that, given such a diagnosis, medication was insufficient. Sutuga would also need physiotherapy, including massage, as well as special orthopedic aids.

On December 10, 2015, the public monitors once again visited the antifascist. He said he had been given the package of medicaments that had been brought to the prison personally by his comrades. Sutuga was very happy that he had finally got the pills. According to Sutuga, a doctor, who had told him there was no need for an immediate operation, had examined him and it could wait until his release.

Lawyers and Public Monitors Are Often Not Allowed to See Alexei Sutuga

During the course of the calendar week (five working days) beginning November 25, 2015, lawyer Denis Ivanets and human rights defenders constantly attempted to visit the political prisoner.

Every time the visitors appeared at the headquarters of Correctional Colony No. 2, the Federal Penitentiary Service officers found a pretext to turn them away. Either the warden of the facility, who had to sign the lawyer’s request to visit the convict, was not there (although, as later transpired, he had been in his office having an intercom meeting with the head office), or the warden of the single-room cell facility was gone all day, and he was allegedly the only staff member who could escort the lawyer to the premises behind the barbed wire (although the warden of Correctional Colony No. 2 had signed off on the paperwork for visiting the convict).

Now members of the Irkutsk PMC are appealing in court Correctional Colony No. 2’s ban on holding a personal conversation with Alexei Sutuga under conditions of acoustic isolation from penal colony staff. The law “On Public Monitoring” directly stipulates this right.

Letters and Newspapers Are Not Delivered to Sutuga

According to lawyer Denis Ivanets, “Alexei’s mom says her son does not reply to letters from his spouse, parents, and friends. When I talked to him about it, it turned out that more than two thirds of the letters had simply not got to him! These letters had been sent to Alexei over a month ago.”

According to Article 91.2 of the Russian Federal Correctional Code, letters, postcards, and telegrams sent and received by convicts are censored by the wardens of the correctional facility, after which they must be given to the convicts.

In addition, Sutuga’s relatives took out subscriptions to several newspapers and magazines (Kommersant, Novaya Gazeta, Rossiiskaya Gazeta, GEO, Vokrug sveta), but Sutuga had not been receiving them. Staff in the warden’s office at Correctional Colony No. 2 could not give the lawyer an intelligible answer as to why this had been happening. According to the Article 95.1 of the Russian Federal Correctional Code, convicts are permitted to receive stationery supplies in parcels and packages, purchase literature through retail distributors, and subscribe to newspapers and magazines without limitation at their own expense.

Socrates Has Not Surrendered

Alexei Sutuga was placed in solitary confinement from November 20 to November 30 for his latest “rules violation.” As his lawyers report, the number of reprimands grows with each passing month, and this will make it impossible for him to be paroled.

On December 10, 2015, the members of the PMC were able to chat with Sutuga, who sent greetings to everyone, especially his loved ones, his mom, wife, and child. Sutuga asked for new photographs of them, as well as books on psychology, sociology, and political science.

Translated by the Russian Reader

Alexander Kolchenko: The “Terrorist” from Simferopol

The “Terrorist” from Simferopol
On April 9, Moscow City Court Ordered Alexander Kolchenko’s Arrest Extended for a Month, until May 16
Dmitry Okrest
April 13, 2015
The New Times

According to the FSB, Alexander Kolchenko is a member of the anti-Russian underground in Crimea. Along with three other arrested residents of the peninsula, he has been accused of terrorism. The New Times has tried to find out what the charges are based on (it took nearly a year to gather the evidence), how the Russian security services took over Crimea, and what residents of Simferopol think about the relatives of the arrestees.

kolchenko3_1

Alexander Kolchenko

“Sasha is now accused of terrorism, but he is not a terrorist, and I am not the mother of a terrorist,” says Larisa Kolchenko. “My son literally grew up in front of my coworkers, and after his arrest they have continued to treat me well.”

Larisa Kolchenko works in a grocery store near the Simferopol railway station. She speaks softly and quickly.

“In fact, the arson of which they are accused basically, you could say, left no trace on the city. It popped up in the news once, and that was it. There was no discussion, no publicity.”

The arson at the Russian Community of Crimea building, on the night of April 14, 2014, damaged the front door, the stoop, and an awning above the door. A few days later, a Molotov cocktail flew through the window of the United Russian party’s local office. The fire damage caused to a five-meter-square kitchen in the office was estimated at 200,000 rubles. Doesn’t that sound more like disorderly conduct?

On March 31, 2015, however, Kolchenko was accused of involvement in a terrorist network and committing a terrorist attack. It was then that solidarity actions in support of Kolchenko were held, under the slogan “Send Tundra Back to Crimea,” in Berlin, Bremen, Kyiv, Minsk, Paris, Strasbourg, and Tunis. “Tundra” is Kolchenko’s nickname within the peninsula’s activist scene.

“Only those who cooperate are allowed visits”

According to the FSB, the leader of the Bandera underground in Crimea is filmmaker Oleg Sentsov, who along with Alexei Chirniy, a lecturer in the military history department at the Crimean University of Culture, has been charged with violating Article 205 Part 2 of the Russian Federal Criminal Code (“Terrorist attacks”) and Article 205.4 Part 2 (“Organizing a terrorist network”). In early February, Sentsov was additionally charged under Article 222 Part 3 (“Arms trafficking”).

Before his arrest, Chirniy pursued the hobby of reconstructing medieval armor, considered himself a pagan, and posted Nazi propaganda posters on social networks. A court-appointed attorney is now defending him, and his case will be heard in the military district court in Rostov-on-Don by special procedure. [Translator’s Note: On April 21, 2014, after this article went to press, Chirniy was sentenced to seven years in a maximum-security facility.]

Besides damaging the two offices, the “Sentsov gang” has been accused of planning to blow up the Eternal Flame and a Lenin monument on May 9, 2014. According to the security services, the suspects were also planning to “destroy a number of vital infrastructure sites, railway bridges, and power lines.”

On May 8, 2014, Gennady Afanasiev, an employee of the Zheleznodorozhny District prosecutor’s office in Simferopol, made a deal with the investigation. Afanasiev was tried by special procedure—meaning, without court proceedings, which entitles the defendant to mitigation of punishment. On December 25, 2014, Afanasiev was sentenced to seven years in a maximum-security facility.

Sentsov has denied the charges against him. Kolchenko has admitted he was near the office but was not involved in the attack. He has refused to testify against the others. If Sentsov and Kolchenko are found guilty, they could be sent away for twenty years. Afanasiev and Chirniy will be main witnesses for the prosecution at their trial.

The prosecution alleges that Kolchenko met with Sentsov “at mass events of supporters of Crimea’s being a part of Ukraine,” at which the filmmaker allegedly suggested organizing a gang “for performing attacks in keeping with the Right Sector ideology.” According to the FSB, this gang was to destabilize the work of the newly created authorities “in order to encourage them to decide to withdraw the Republic of Crimea from the Russian Federation.”

Despite the gravity of the charges, nearly all of Kolchenko’s letters begin with the words, “I am still doing well.” He labels the arson a symbolic gesture of protest, rather than an attempt to “intimidate the population of Crimea,” and stresses that at midnight the building was empty.

“I was against the war, against violence. My actions were directed against the United Russia party, which voted for sending in troops,” Kolchenko writes.

In his letters, Kolchenko relates that he has been following the Bolotnaya Square case.

“Doing three and half years in prison for something like that is not really great. In that light, it is frightening to think about the sentence I can expect. I guess my prospects aren’t very bright.”

Larisa Kolchenko is worried that she has not been allowed to visit Alexander.

“They explain that since he refuses to cooperate, there is no reason for his family to talk with him. Visits are allowed to those who cooperate.”

“People in Simferopol won’t understand”

“At school, my son was a justice seeker,” says Larisa. “His heart bled for all of Crimea, and he was involved literally in everything.”

Kolchenko ended up in the radical left crowd because of hardcore music, which he became interested in while still at school. He went on archaeological digs, and marched under the red-and-black banners of the anarchists during demonstrations. He organized a protest campaign against construction of a transport terminal on the Black Sea, and was among the founders of the union Student Action, which fought against the monetization of education in Ukraine. (The nationwide rallies against monetization kicked off in Simferopol.) Later, he advised striking employees at Crimea Trolleybus.

“We literally supported him in everything,” says Kolchenko’s mother. “But when he was planning to go to Euromaidan, and was literally standing in the door with his backpack on, I rushed to him and tried to discourage him from going. I told him that people were being killed in the square [in Kyiv], and that people in Simferopol won’t understand.”

According to Kolchenko’s defense attorney, Svetlana Sidorkina, as an activist, Kolchenko had long been in the works among the security services.

“He has never been afraid of voicing his dissatisfaction. He has always openly advertised his position,” says Larisa Kolchenko.

When the so-called Russian Spring began, Kolchenko opposed the annexation. His mother agreed with him: she refused to vote in the referendum. Not all of Larisa’s kith and kin abided by her stance. Several relatives have ceased communicating with Kolchenko’s family.

“Russia has come: we’re going to act tougher”

“Sasha is a committed antifascist. Every year, he would organize a picket in memory of the murdered lawyer Stanislav Markelov and murdered journalist Anastasia Baburova. She was a local girl, after all, from Sevastopol,” says Larisa Kolchenko. “But now my son has been accused of being a member of Right Sector.”

“The activists were not and are not members of the Right Sector political party,” the press service of the organization, which is banned in Russia, has said in response. “However, we demand their immediate release and an end to political terror in the occupied territory.”

Later, Kolchenko’s defense sent a formal request directly to Right Sector, and got the same answer.

“But it is doubtful whether this is enough for a Russian court,” says Larisa Kolchenko. “Thank God, this absurd accusation played no role for people in Crimea. When we were collecting character references for the court, the attitude to him at the university was still good. At the printing plant where he worked as a freight handler, which did not move to the mainland until after the referendum, his colleagues said the accusation was unfair.”

It is difficult to suspect Kolchenko of being sympathetic to nationalists. In 2012, thirty rightwing radicals assaulted Tundra and three comrades after a screening of a film about Baburova.

Since Kolchenko has been arrested, no Ukrainian officials have attempted to contact him. This worries his mother.

“They seemed to have forgotten about the detainees,” Larisa Kolchenko says.

The Ukrainian Consul in Moscow has not visited the suspects. Russia has declared the men its citizens, but on February 4, 2015, the Russian Prosecutor General suddenly determined that Sentsov had dual citizenship. However, a judge rejected Kolchenko’s lawsuit against the Russian Federal Migration Service after an FMS employee provided the court with a passport request form containing Kolchenko’s information and his alleged signature. The defense now plans to a have a handwriting analysis of the document performed.

“He was forcibly made the citizen of another country,” says Kolchenko’s mother. “He did not fill out any forms.”

In turn, the State Migration Service of Ukraine confirmed Kolchenko’s Ukrainian citizenship in February, and on March 27, 2015, the Kyiv Prosecutor’s Office finally opened a case in the abduction of Ukrainian citizen Alexander Kolchenko. Svetlana Sidorkina said her client has sent a complaint to the European Court of Human Rights against Russian citizenship forcibly having been conferred on him.

When the new academic year began, many Crimean universities were missing students, who had left to complete their studies in Ukraine.

“Some people with whom I was friendly on the civic activism front have shoved off,” says Anton Trofimov, a lecturer in philosophy at the College of Taurida National University. “I even wondered: have all the problems ended? Is the environment no longer a matter of concern?”

Trofimov is an organizer of the carnivalesque Monstration marches, and he cofounded the student union with Kolchenko.

“In the end, a lot of friends have left, and for good reason,” says Trofimov. “FSB officers—former Ukrainian SBU security officers—have paid me a visit as well. They warned me, ‘Russia has come, and we’re going act differently, we’re going act tougher—in accordance with Russian laws.’”

“Sasha also wanted to leave,” says his mother. “But we tried to dissuade him. I didn’t want to let him go far away. We were all afraid—but of the wrong thing!”

A geography major, Kolchenko was deciding between Uzhgorod University and Lviv University, but on May 23, 2014, he was transferred to the Lefortovo remand prison in Moscow.

A friend of Kolchenko, who introduced himself as Roman, explains the cause of the crackdown.

“Throughout the spring, [pro-Russian forces] frightened the people with talk about the militants from Maidan. Except for the Tatars, no one stood up for themselves, and the authorities needed to show that the threat was still real.”

“After the arrest of the first four guys from the pro-Ukrainian movement, the FSB began conducting ‘preventive’ conversations with everyone else,” says Maxim Osadchuk, a history lecturer and buddy of Kolchenko from the leftist movement. “Almost all my friends who had anything to do with public life have left. The question of whether to emigrate or go underground and risk arrest became critical.”

Osadchuk himself left Crimea several days before the referendum and is now fighting as part of the Aydar Battalion.

Osadchuk believes the arrest of the four men was a warning to the remaining activists on the peninsula to curb their enthusiasm.

“Through threats and exhortations we were strongly advised either to leave Crimea or curtail all activism.”

“Luxury items like bouillon cubes and ketchup”

Kolchenko does not complain and is extremely laconic.

In a letter from the remand prison, he writes, “My cellmate and I have amassed so many goodies they will last us for a month. But the goodies are not as tasty as they would seem on the outside.”

In another letter, he writes, “My appetite has slumped here: the cafeteria food is quite enough for me.”

But he dreams of getting his hands on popular science magazines, and “luxury items like bouillon cubes and ketchup.”

Kolchenko has been studying Lenin, Marx, Fromm, and Ivan Franko, the last of whom he read in Ukrainian. He regrets that his familiarization with Russia has begun at a remand prison, and in one of his letters, he shares his impressions of Leo Tolstoy’s current affairs writings: “A typical extremist. Nowadays, they would probably charge him under Article 280.”*

In the letter, he quotes Tolstoy’s essay “The End of the Age”: “What will happen to Russia? Russia? Where is its beginning or its end? […] The Caucasus with all its nationalities? The Kazan Tatars? Ferghana Province? The Amur? […] The circumstance that all these nationalities are regarded as parts of Russia is an accidental and temporary one. […] whilst in the present this combination is maintained only by the power which spreads over these nationalities.”

* Article 280.1 of the Russian Federal Criminal Code, “Public calls for action aimed at violating the territorial integrity of the Russian Federation.”

__________

Editor’s Note. For more information about Alexander Kolchenko’s plight and how you can support him, see the Ukraine Solidarity Campaign’s page on the case (in English) and Autonomous Action’s compilation of articles about the case (in Russian). You can also follow events in the case via the Free Aleksandr Kolchenko Facebook page (mostly in Russian) and read this article (in English) about the political context of the case. Image, above, courtesy of Libcom.org.

Translated by The Russian Reader. Anyone has permission to republish this and any other of the translations or original texts found on this blog, but please acknowledge the blog explicitly in your reposts, and provide a clearly indicated URL link back to the original publication.

“One Must Serve the Motherland, I Say!”: Court Extends Alexei Gaskarov’s Arrest in Bolotnaya Square Case

“One Must Serve the Motherland, I Say!”
Basmanny District Court Extends the Arrest of Bolotnaya Case Suspect and Anti-Fascist Alexei Gaskarov
October 3, 2013
Yegor Skovoroda
Russkaya Planeta

 

gaskarov_sud_main_640Alexei Gaskarov in court, June 26, 2013. Photo: Ilya Pitalyov / RIA Novosti

 On Tuesday, October 1, Moscow’s Basmanny District Court extended until February 6, 2014, the arrest of Alexei Gaskarov, whom police investigators suspect of involvement in the “mass riots” on Bolotnaya Square on May 6, 2012. Gaskarov has been charged with violating Article 212, Section 2 (participation in mass riots) and Article 318, Section 1 (use of violence against authorities) of the Russian Federal Criminal Code.

February 6, 2014, is the date to which the investigation of the events on Bolotnaya Square has now been officially extended. Earlier this week, the court extended the arrests of the other defendants whose cases have not yet been submitted to the court. Ilya Gushchin, Alexander Margolin, Dmitry Rukavishnikov, Sergei Udaltsov and Leonid Razvozzhayev will also remain in pre-trial custody until February 6.

Another defendant, pensioner Elena Kokhtareva, has been released under her own recognizance. The case of Udaltsov and Razvozzhayev, whom investigators have accused of organizing the “mass riots” (a violation of Article 212, Section 1 of the Criminal Code), has been separated from that of the other defendants.

Investigator Alexei Chistyakov asked the Basmanny District Court to extend Gaskarov’s arrest for another four months, as the investigators have established that Gaskarov “used violence” against Igor Ibatulin, an officer with the Second Tactical Regiment of the Moscow Police, and a soldier by the name of Bulychev.

“In defiance of society’s moral norms, Gaskarov committed the crime in the presence of a significant number of people, taking advantage of numerical and physical superiority, and showing a clear disregard for the authorities. Moreover, his role in this case was particularly active and most aggressive,” Chistyakov read aloud to the court.

According to Chistyakov, Gaskarov presented a flight risk, since before his arrest “he did not live at his registered domicile, led a secretive lifestyle, spent the night at different locations and used various conspiratorial techniques.” Gaskarov should, therefore, be kept in a pre-trial detention facility.

During the hearing, Svetlana Sidorkina, Gaskarov’s lawyer, asked the court to enter character references submitted by the newspaper Zhukovskie Vesti and the Zhukovsky People’s Council into the record, as well as screenshots of a video recording from the case file. These stills show a police officer kicking Gaskarov in the face as Gaskarov lies on the ground.

Chistyakov and the prosecutor, Karasev, did not object to the character references being entered into the record, but they strongly objected to the shot breakdown of the video.

“The actions of law enforcement officers are not at issue in this hearing,” said Chistyakov.

Judge Artur Karpov, a man with a bald skull, agreed with their arguments and refused to enter the images into the record.

“And why is that you were found only partly fit for military service?” Judge Karpov asked, suddenly digressing from the tedious review of the case file.

“For medical reasons, but I can’t remember what exactly,” Gaskarov replied.

“How is it you don’t remember? Everyone remembers the reason they didn’t go into the army, but you don’t?”

“It was ten years ago. It had something to do with my eyesight, with intracranial pressure and something else. But now I just—“

“You just got over all those things? When did that happen? Before you turned twenty-eight?”*

“I wasn’t keeping track.”

“You weren’t keeping track. . . You should have served the Motherland,” the judge muttered.

“I wouldn’t object to serving in the army in exchange for being released from jail,” the defendant laughed.

“In exchange for working as a journalist?” After reading the character reference from the Zhukovskie Vesti newspaper, Judge Karpov had for some reason decided that Gaskarov works there. “One needs to serve in the army. Anyone can be a journalist, but probably not just everyone can serve the Motherland. Why this ‘in exchange for’ right off the bat? One must serve the Motherland, I say!”

Judge Karpov was unrelenting.

“Down in Dagestan, there is a waiting list to get into the army. Being a journalist is easy. You get up when you like, go to sleep when you like, go to work when you like.”

After this emotional outburst, lawyer Svetlana Sidorkina moved that the court change Gaskarov’s measure of restraint to one not involving deprivation of liberty—to house arrest or release on bail.

“Yes, I think this would be possible,” Gaskarov replied, smiling, to the judge’s question about what he thought about the motion.

Karasev and Chistyakov categorically stated that only if Gaskarov were in a pre-trial detention facility could the investigation proceed unhindered. Judge Karpov agreed with the prosecution on this point as well and, after a recess, ordered Gaskarov’s arrest extended until February 6.

When Gaskarov spoke to the court arguing against his arrest, Chistyakov sat motionless, his hands folded in front of him, like a sphinx.

_____

Alexei Gaskarov’s argument in the Basmanny District Court:

I do not agree with the extension of my arrest and wanted to draw attention to the following things. First, I am being charged with violating Articles 212 and 318. Article 318 belongs to the category of moderately severe crimes for which the period of pre-trial detention may not exceed six months. Article 212, which criminalizes “involvement in mass riots,” stipulates more stringent sanctions, up to a year in pre-trial detention. I have a copy of my indictment, dated April 28. As of today, there has been no other indictment. According to this indictment, all the [criminal] actions that the investigator has just listed were then deemed violations of Article 318 by him.

Since the extension the investigator is now requesting means that I will have spent nine months in detention, that is, more than the statutory period of six months, I do not agree with this extension.

With regard to Article 212, I would like to return to the question of the grounds for charging me with violating it. Because even if you go by my indictment in the case file, it turns out I am accused of participation in mass riots. However, if you look at Article 212 itself, it covers mass riots “attended by violence, pogroms, arson, the destruction of property, the use of firearms, explosives, or explosive devices, and also armed resistance to government representatives.”

There is also Article 8 of the Criminal Code, which clearly states that a deed can be deemed criminal if it is fully consistent with “all the elements” of a crime, as described in one or another article in the Code. Accordingly, not all the elements of the crime, as indicated in Article 212, are included in my indictment. The article does not say that only one element or half the elements are enough. “All the elements” must be present.

Furthermore, the investigation finds that there was violence, arsons, and pogroms there [on Bolotnaya Square on May 6, 2012], but I have not been charged with arson and pogroms. I have been charged only with violence against police officers. But Article 318 already covers these actions, and it is unclear how one and the same action can be deemed to constitute now one crime, now another.

On the other hand, if you look at the article dealing with mass riots, it does indeed say that resisting police officers is a constituent element of the crime, but there it stipulates that this must be armed resistance. But there is nothing in the charges brought against me indicating that I used a weapon or objects that could be used as a weapon.

I ask the court to take note of this indictment, because it serves as the grounds for the decision to extend or change the measures of restraint.

There are different sorts of evidence in the indictment and the criminal case file, but they only touch on Article 318, not Article 212. There is no clear indication there which of my actions could be deemed a violation of Article 212.

Moreover, why did we want to enter these photographs [of Gaskarov being beaten by riot police on May 6, 2012 — Russkaya Planeta] into the record? They simply indicate that the situation was quite complicated. The way the indictment is worded implies that if you see a uniformed police officer, he is absolutely within the law and cannot do anything illegal. By entering these photographs into the record, we want to show that the situation was complicated.

As for the actions committed there, I don’t even deny that I pulled one officer by the leg, and another by the arm. But only Article 318 covers all these actions. And so I ask the court not to extend [my arrest] for more than six months.

That is all I have to say.

* In Russia, men are subject to military conscription between the ages of eighteen and twenty-seven —Translator.