Only a 100% Conviction Rate Would Do, But We’ll Settle for 99.49%

bogatry

Bastrykin: Low Number of Acquittals Shows Quality of Investigative Committee’s Work
Mediazona
March 1, 2019

Alexander Bastrykin, head of the Russian Investigative Committee, explained the low percentage of acquittals in cases handles by his agency’s officers as the outcome of their consistent, high-quality work, reports TASS.

“In 2018, 516 people were acquitted out of the thousands of criminal cases submitted to the courts [by the Investigative Committee.] This amounts to .51% of the number of cases investigated. In 2017, [the Investigative Committee] submitted 128,000 criminal cases to the courts. There were acquittals in 534 of them, which amounts to .42%,” Bastrykin said at a staff meeting to discuss the Investigative Committee’s work over the past year.

[Bastrykin] added that, in the European countries, every fifth verdict was an acquittal.

“The figures in Europe are stable: a 20% acquittal rate. And they’re proud of those results,” Bastrykin noted.

Photo and translation by the Russian Reader

Brazil

brazil.jpegJonathan Pryce and Terry McKeown in Brazil (1985). Courtesy of imdb.com

Authorized to Remain Silent
Why We Know Nothing about the Outcome of Most Criminal Cases and Verdicts against People Who, According to the Russian Secret Services, Planned or Attempted to Carry Out Terrorist Attacks 
Alexandra Taranova
Novaya Gazeta
April 27, 2018

High-ranking officials from the Russian Federal Security Service (FSB), the Russian Interior Ministry (MVD), and the Russian National Anti-Terrorist Committee (NAK) regularly report on the effective measures against terrorism undertaken by their agencies. If we add reports of constant counter-terrorist operations in the North Caucasus, especially in Dagestan and Chechnya, operations involving shootouts and the storming of houses, we might get the impression the level of terrorism in Russia is close to critical, resembling the circumstances somewhere in Afghanistan, the only difference being that Afghanistan does not have the FSB, the MVD, and the NAK to protect it.

Over the past two weeks, there were at least two such stories in the news.

A few days ago, the FSB reported it had “impeded the criminal activity of supporters of the international terrorist organization Islamic State, who […] had begun planning high-profile terrorist attacks using firearms and improvised explosive devices.”

The FSB’s Public Relations Office specified the terrorist attacks were to be carried out in goverment buildings in Stavropol Territory.

Earlier, TASS, citing the FSB’s Public Relations Office, reported that, since the beginning of the 2018, six terrorist attacks had been prevented (including attacks in Ufa, Saratov, and Ingushetia), while three crimes of a terrorist nature had been committed (in Khabarovsk Territory, Dagestan, and Sakhalin Region), and this had been discussed at a meeting of the NAK. Other media outlets quoted FSB director Alexander Bortnikov, who claimed that last year the security services had prevented twenty-five terrorist attacks, but four attacks, alas, had gone ahead.

For the most part, however, it is impossible to verify these reports, because, with rare exceptions, the terrorists, either potential terrorists or those who, allegedly, carried out terrorist attacks, are identified by name. Neither the Russian Investigative Committee (SKR) nor the FSB informs Russians about subsequent investigations, about whether all the terrorists and their accomplices have been rounded up. Likewise, with rare exceptions, we know nothing either about court trials or verdicts handed down in those trials.

Novaya Gazeta monitored reports about prevented terrorist attacks from November 2015 to November 2017. We analyzed all the media publications on this score: the outcome of our analysis has been summarized in the table, below. The veil of secrecy makes it extremely hard to figure out what reports merely repeat each other, that is, what reports relate to one and the same events, and we have thus arrived at an overall figure for the number of such reports. Subsequently, by using media reports and court sentencing databases, we have counted the number of cases that officially resulted in court sentences.

Most news reports about prevented terrorist attacks in Russia are not followed up. For example, at one point it was reported (see below) that five people with ties to Islamic State had been apprehended in Moscow and Ingushetia for planning terrorist attacks, and this same news report mentioned that a criminal case had been launched. But only the surname of the alleged band’s leader was identified, and he was supposedly killed while he was apprehended. There is no more information about the case. Over a year later, we have no idea how the investigation ended, whether the case went to trial, and whether the trial resulted in convictions and verdicts.

Other trends also emerged.

During the two-year period we monitored, reports about prevented terrorist attacks and apprehended terrorists encompassed a particular group of Russian regions: Moscow, Crimea, Petersburg, Kazan, Rostov, Baskortostan, Volgograd, Yekaterinburg, and Krasnoyarsk. When we turn to verdicts handed down in such cases, this list narrows even further. Rostov leads the country, followed by Crimea. There are two reports each from Krasnoyarsk and Kazan, and several isolated incidents. The largest number of news reports about terrorist attacks and acts of sabotage, i.e., 30% of all the reports we compiled and analyzed, originated in Crimea.

  FSB MVD NAK Russian Security Council (Sovbez)
Number of reports of prevented terrorists, November 2015–November 2017 3,505 reports (18,560 identical reports in the media) 1,702 reports

(3,571 identical reports in the media)

492 reports

(852 identical reports in the media)

236 reports

(1,122 identical reports in the media)

Outcomes: arrests, criminal charges, verdicts, etc. 13 verdicts,

14 arrests

3 verdicts,

2 arrests

2 incidents: in one case, it was reported that all the detainees had been killed; in the other, that the detainees awaited trial, but were not identified by name. It is impossible to find out what happened to any detainees, since no information was provided about them. The exception is Lenur Islyamov, who is currently at large and vigorously pursuing his objectives.

The Triumps of the Special Services with No Follow-Up
Here are the most revealing examples.

On November 12, 2016, RBC reported the security services had apprehended a group of ten terrorists, migrants from Central Asia. According to the FSB, they planned “high-profile terrorist attacks” in heavily congested areas of Moscow and Petersburg. Officials confiscated four homemade bombs, firearms, ammunition, and communications devices from the militants. The FSB claimed all the detainees had confessed to their crimes.

In the same news report, the FSB was quoted as having reported that on October 23, 2016 “there occurred an attack on police officers, during which two alleged terrorists were shot dead” in Nizhny Novgorod. The report stressed that, three days later, the banned group ISIL claimed responsibility for the attack, just as it had taken responsibility for an attack on a traffic police post in Moscow Region on August 18, 2016.

There were no names and no details. The outcomes of the investigations, the plight of the detainees, and judicial rulings were never made public, nor did state investigators or defense counsel share any information.

This same RBC article mentions that, four days before the alleged incident in Nizhny Novgorod, the SKR had reported the apprehension of an ISIL supporter who had been planning a terrorist attack at a factory in Kazan, while Interfax‘s sources reported the apprehension of a man who had been planning a terrorist attack in Samara.  It was also reported that in early May 2016 the FSB had reported the apprehension of Russian nationals in Krasnoyarsk who were “linked to international terrorist organizations and had planned a terrorist attack during the May holidays.”

No names were mentioned at the time. Later, however, details of the case were made public.

Thus, on April 7, 2017, Tatar Inform News Agency reported that the Volga District Military Court in Kazan had handed down a verdict in the case of Robert Sakhiyev. He was found guilty of attempting to establish a terrorist cell in Kazan. The first report that a terrorist attack had been planned at an aviation plant in Kazan was supplied by Artyom Khokhorin, Interior Minister of Tatarstan, during a meeting of MVD heads. According to police investigators, Sakhiyev had been in close contact with a certain Sukhrob Baltabayev, who was allegedly on the international wanted list for involvement in an illegal armed group. Using a smartphone, Sakhiyev had supposedly studied the plant’s layout via a satellite image.

On August 2, 2017, RIA Novosti reported that a visting collegium of judges from the Far East District Military Court in Krasnoyarsk had sentenced Zh.Zh. Mirzayev, M.M. Abdullayev, and Zh.A. Abdusamatov for planning a terrorist attack in Krasnoyarsk in May 2016 during Victory Day celebrations. Mirzayev was sentenced to 18 years in prison; Abdullayev, to 11 years in prison; and Abdusamatov, to 11 years in a maximum security penal colony. According to investigators, Mirzayev worked as a shuttle bus driver in Krasnoyarsk and maintained contact with Islamic State via the internet. Mirzayev decided to carry out a terrorist attack by blowing up a shuttle bus.

On January 26, 2017, TASS reported the police and FSB had identified a group of eight people planning terrorist attacks in Moscow in the run-up to State Duma elections. Oleg Baranov, chief of the Moscow police, had reported on the incident at an expanded collegium of the MVD’s Main Moscow Directorate.

We know nothing more about what happened to the “identified” would-be terrorists.

On January 31, 2017, RBC issued a bulletin that the Russian secret services had prevented an attempt to carry out terrorist attacks in Moscow during the 2016 Ice Hockey World Championships. The source of the news was Igor Kulyagin, deputy head of staff at the NAK. The militants were allegedly detained on May 2.

“We succeed in catching them as a result of a vigorous investigative and search operation in the city of Moscow,” the FSB added.

The names of the militants were not reported nor was there any news about an investigation and trial.

In the same news item, Mr. Kulyagin is quoted as saying, “In total, Russian special services prevented around [sic] 40 terrorist attacks, liquidated [sic] about [sic] 140 militants and 24 underground leaders, and apprehended about [sic] 900 people in 2016.”

According to Mr. Kulyagin, in Ingushetia on November 14, 2016, the authorities uncovered five militants who “had been planning terrorist attacks in crowded places during the New Year’s holidays, including near the French Embassy in Moscow.”

Again, the reading public was not provided with any names or information about the progress of the investigation. The only alleged terrorist who was identified was Rustam Aselderov, who had been murdered.

“According to the special services, [Aselderov] was involved in terrorist attacks in Volgograd in 2013 and Makhachkala in 2011.”

We have no idea whether an official investigation of his murder was ever carried out.

Lenta.Ru reported on February 1, 2017, that FSB officers in Krasnodar Territory had prevented a terrorist attack. The supposed terrorists had planned an explosion at New Year’s celebrations. A possible perpetrator of the terrorist attack, a 38-year-old native of a Northern Caucasus republic, was apprehended. No other particulars of the incident were reported, and they still have not been made public to this day.

On October 2, 2017, Russia Today, citing the FSB, reported an IS cell had been apprehended in Moscow Region. Its members has allegedly planned to carry out “high-profile terrorist attacks” in crowded places, including public transport. The FSB added that foreign emissaries had led the cell, whose members had included Russian nationals.

No names or details were subsequently provided to the public.

The same article reported that, on August 31, 2017, the FSB had apprehended two migrants from Central Asia, who had been planning terrorist attacks in congested places in Moscow and Moscow Region on September 1. RIA Novosti reported the same “news” in August 2017. The detainees were, allegedly, members of IS.

According to the FSB, one of the men had “planned to attack people with knives.” His comrade had planned to become a suicide bomber and blow himself up in a crowd. Supposedly, he had made a confession.

We know nothing about what happened to the two men and the criminal case against them.

On November 7, 2017, Izvestia reported MVD head Vladimir Kolokoltsev’s claim that a Kyrgyzstani national had been apprehended in the Moscow Region town of Khimki. The man had, allegedly, been planning to carry out a terrorist attack outside a subway station using a KamAZ truck. The detained man was not identified. We know nothing about what has happened to him or whether the investigation of the case has been completed.

Trials of Terrorists
On July 19, 2016, RIA Novosti reported the Russian Supreme Court had reduced the sentence (from 16 years to 15.5 years) of one of two radical Islamists convicted of plotting a terrorist attack in the mosque in the town of Pyt-Yakh in the Khanty-Mansi Autonomous Okrug. 

“The panel of judges has decided the verdict of the court, which sentenced Rizvan Agashirinov and Abdul Magomedaliyev to prison terms of 16 and 20 years, respectively, should be mitigated in the case of Agashirinov, and left in force in the case Magomedaliyev.”

On August 31, 2016, TASS reported the North Caucasus District Military Court had sentenced Russian national Rashid Yevloyev, a militant with the so-called Caucasus Emirate, to six years in a penal colony for planning terrorist attacks.

On February 15, 2017, Moskovsky Komsomolets reported the Moscow District Military Court had sentenced Aslan Baysultanov, Mokhmad Mezhidov, and Elman Ashayev. According to investigators, after returning in 2015 from Syria, where they had fought on the side of ISIL, Baysultanov and his accomplices had manufactured a homemade explosive device in order to carry out a terrorist attack on public transport in Moscow.

Baysultanov was sentenced to 14 years in prison; Ashayev, to 12 years, and Mezhidov, to 3 years.

On May 10, 2017, Interfax reported the North Caucasus District Military Court in Rostov-on-Don had sentenced ISIL recruiters who had been apprehended in Volgograd Region. The alleged ringleader, Raman Radzhabov, was sentenced to 4 years in prison after being found guilty of recruiting residents of Volgograd Region. His accomplices—Azamat Kurkumgaliyev, Gayrat Abdurasulov, Nurken Akhetov, and Idris Umarov—were found guilty of aiding and abetting Radzhabov, and given sentences of of 2 to 2.5 years in prison.

On May 30, 2017, RIA Novosti reported the ringleader of a failed terrorist attack in Kabardino-Balkaria, Adam Berezgov, had been sentenced to 7 years in prison. The defendant was found guilty of “planning a terrorist attack, illegally acquiring and carrying explosive substances or devices, and illegally manufacturing an explosive device.”

On July 27, 2017, TV Rain reported the Russian Supreme Court had increased by three years the sentence handed down to Ruslan Zeytullayev, who had been convicted and sentenced to 12 years for organizing in Crimea a cell of Hizb ut-Tahrir, an Islamist group banned in Russia. Zeytullayev’s sentence is now 15 years in prison.

On July 31, 2017, RIA Novosti reported the North Caucasus District Military Court had sentenced Ukrainian national Alexei Sizonovich to 12 years in a penal colony for involvement in planning a terrorist attack that was to have taken place in September 2016. The court ruled the 61-year-old defendant and an “unidentifed person” had, allegedly, established a group in Kyiv “for the commission of bombings and terrorist attacks in Ukraine and the Russian Federation.” It was reported the defendant “repented.”

On August 11, 2017, Lenta.Ru reported the North Caucasus District Military Court had sentenced 19-year-old Ukrainian national Artur Panov to 8 years in a medium-security penal colony for terrorism. Panov was found guilty of facilitating terrorism, planning a terrorist attack, and illegally manufacturing explosive substances. His accomplice, Maxim Smyshlayev, was sentenced to 10 years in a maximum-security penal colony.

At the trial, Panov pled guilty to calling for terrorism, and manufacturing and possessing explosives, but pled innocent to inducement to terrorism. Smyshlayev pled innocent to all charges.

On September 18, 2017, RIA Novosti reported a court in Rostov-on-Don had convicted defendants Tatyana Karpenko and Natalya Grishina, who were found guilty of planning a terrorist attack in a shopping mall. Karpenko was sentenced to 14.5 years in prison, while Grishina was sentenced to 9 years.

“The investigation and the court established Karpenko and Grishina were supporters of radical Islamist movements. […] From October 2015 to January 2016, the defendants planned to commit a terrorist attack in the guise of a religious suicide,” the Investigative Directorate of the SKR reported.

Fakes
On April 17, 2017, Memorial Human Rights Center issued a press release stating the case of the planned terrorist attack in the Moscow movie theater Kirghizia had been a frame-up. The human rights activists declared the 15 people convicted in the case political prisoners. It was a high-profile case. Novaya Gazeta wrote at the time that the MVD and FSB had insisted on pursuing terrorism charges, while the SKR had avoided charging the suspects with planning a terrorist attacking, accusing them only of possession of weapons in a multi-room apartment inhabited by several people who barely knew each other. It was then the case was taken away from the SKR.

Whatever the explanation for the trends we have identified, it is vital to note that Russian society is exceedingly poorly informed about the progress of the war on terrorism conducted by Russia’s special services, despite the huge number of reports about planned terrorist attacks. Due to the fact the names of the accused are hidden for some reason, and the court sentences that have been handed down are not made public in due form (even on specially designated official websites), it is impossible to evaluate the scale of the threat and the effectiveness of the special services, and to separate actual criminal cases from those that never went to court because the charges were trumped-up. Meanwhile, using media reports on prevented terrorist attacks for propaganda purposes contributes to an increase in aggressiveness and anxiety among the populace, who has no way of knowing whether all the apprehended terrorists have been punished, and whether this punishment was deserved.

Thanks to George Losev for the heads-up. Translated by the Russian Reader

Decriminalizing Domestic Violence in Russia?

Women in Petersburg Celebrated February 23 by Paving the Way to a Church with “Dead” Bodies 
Rosbalt
February 24, 2016

Photo courtesy of protest organizers

A protest action against discrimination and the [proposed decriminalization of] battery and homicide threats took place outside St. Nicholas Maritime Cathedral in Petersburg. Feminists thus marked Fatherland Defenders Day.

During the performance, two men laid out young women, who depicted the fatal victims of beatings, on the steps leading to the church. At the end of the protest action, the protesters raised placards bearing slogans such as “My man made threats, my man killed me,” “Who will defend us from the defenders of the fatherlands?” “I said no: he broke my arm,” “97% of abuse cases never make it to court,” and “Thank you, legislators, for our happy deaths.”

Фото предоставлено организаторами акции
Photo courtesy of protest organizers
Фото предоставлено организаторами акции
“My man threatened me, my man killed me.” Photo courtesy of protest organizers

The organizers told Rosbalt they were protesting against the [proposed] removal of battery and homicide threats from the Russian Criminal Code.

“The decision as to whether women can find protection from law enforcement agencies or not is being made by legislators and priests who do not suffer from beatings by their partners. How is this possible? Do the lives and health of the country’s citizens not interest the government? Every fourth woman in Russia faces domestic violence,” the organizers noted.

According to them, it is extremely difficult for women to file battery complaints. And most often the perpetrator is not duly published: the charges are limited to a misdemeanor.

Whereas “women put up with violence their whole lives and often die at the hands of their partners.”

“We believe such a law is a crime,” noted the organizers.

Фото предоставлено организаторами акции
Photo courtesy of protest organizer

The Way to the Church

Russian women marked February 23 by paving the way to a church with dead bodies. 

The women were thus protesting the [proposed] exclusion of battery and homicide threats from the Criminal Code, a measure actively lobbied by the Russian Orthodox Church. 

The chairman of the Patriarchal Commission on the Family and the Defense of Motherhood and Childhood has opposed ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic violence. (From the commission’s website, February 26, 2015)

[President Putin] urged [lawmakers] not to delay passage of the law, which would decriminalize such articles of the Criminal Code as battery, homicide threats, and willful failure to pay alimony. (Kommersant, February 16, 2016)

Translated by the Russian Reader. Thanks to Comrade SJ and the Nihilist for the heads-up

__________

Russian Supreme Court proposes to decriminalize minor offences
RAPSI
July 31, 2015

MOSCOW, July 31 (RAPSI) – Russia’s Supreme Court suggested decriminalizing minor offenses such as battery, the threat of homicide, failure to pay alimony or child support, RAPSI learnt in the court on Friday.

In a meeting with President Vladimir Putin, Supreme Court Chairman Vyacheslav Lebedev proposed that minor crimes such as battery and petty theft be decriminalized and classified as administrative offenses [misdemeanors]. He said this would reduce the number of cases sent to court by 300,000 annually.

A bill, which the Supreme Court has drafted, would decriminalize petty crimes such as battery, the use of forged documents, the threat of homicide and failure to pay alimony or child support. Penalties for these offenses would only include fines, correctional labor or community service.

Justice Vladimir Davydov said at the plenary meeting that this would free up half of all investigators to deal with serious crimes and would help over 300,000 people avoid criminal penalties and negative consequences for employment, education and the issuance of passports or loans.

A deputy prosecutor general said he supported the idea, adding that approval would allow investigators, who claim to be too busy with petty crimes, to investigate more serious crimes.

Petty crimes accounted for 46 percent of all cases sent to court last year.

__________

Putin suggests decriminalization of Russian Penal Code
TASS
December 3, 2015

Russian President Vladimir Putin has asked Russian lawmakers to support a proposal to decriminalize a number of articles of the Russian Penal Code.

“I am asking the Russian State Duma to support the proposal of the Russian Supreme Court to decriminalize some articles of the Russian Penal Code and transfer some of the crimes that pose no great threat to the public or society to the category of administrative offenses but with one major reservation: the offense will be classified as a crime if it is committed for a second time,” Putin said in the annual state of the nation address to the Russian Federal Assembly (parliament) on Thursday.

The head of state clarified that practically every second criminal case, which is taken to court today, is linked to minor and inconsiderable offenses while people, including youth, are sent to prison.

“The confinement and the fact of criminal conviction affect their future fate and often encourage them to commit further crimes,” the president concluded.

Russian penitentiaries have around 660,000 inmates. According to the Federal Penitentiary Service, 55% of them are recidivists. Approximately 25% of the offenders serve prison sentences for minor offenses and crimes of medium gravity; 1,800 people have been convicted for terrorism and extremism.

Excessive acts of law enforcement agencies destroy business climate in Russia

Putin said excessive acts of law enforcement agencies destroy the business climate in Russia.

“That is a direct destruction of the business climate. I am asking the investigation and prosecution authorities to pay a special attention to it,” he said.

The President said that in 2014 nearly 200,000 criminal cases on economic crimes were initiated in Russia. Of this number 46,000 reached the court and 15,000 cases “collapsed” in courts.

“It turns out that only 15% of cases ended with verdicts,” Putin said.

He added that most of the defendants in these cases – about 83% – fully or partially lost their businesses.

“That means that there were bullied, robbed and released,” the head of state said.

He called on prosecutors to make a wider use of their authorities to monitor the quality of the investigation.

The president also recalled the discussions on additional powers of prosecutors.

Today, a supervisory authority has the authority to cancel decisions on initiation of criminal proceedings, to dismiss indictments or not to uphold the charges in court.

“We need to use what we have more intensively. After that we will be able to analyze what is happening in practice,” he said.

According to Putin, detention at the stage of investigation of economic crimes should be used as a last resort and preference should be given to such methods as pledge, subscription on parole and house arrest.

[…]