Prisoners of the Article 212 Case

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

We demand that the authorities drop the case.

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

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

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

The Prisoners

212-1.JPG

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

212-2

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

212-3

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

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

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

212-6

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

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

212-8

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

212-9

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

212-10

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

212-11

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

212-12

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

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

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

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

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

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

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

We want to see human rights honored and observed.

We are:

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

And many, many others.

How Can I Help?

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

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

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

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

Source: delo212.ru. Translated by the Russian Reader

Suing the Opposition into Oblivion

The Lash and the Pocketbook: Petersburg Tests New Scheme for Punishing Opposition
Sergei Yeremeyev
Zaks.ru
December 14, 2018

The prosecutor’s office has estimated that two Petersburg parks sustained 10.9 million rubles [approx. 144,000 euros] in damage during the He’s Not Our Tsar protest, which took place on May 5, 2018, in Petersburg [and other Russian cities]. Two people, Denis Mikhailov and Bogdan Livtin, will be held responsible for all the protesters, police officers, and ordinary Petersburgers who walked on the lawns that day in the vicinity of Palace Square. Law enforcement agencies have identified the two men as organizers of the protest rally.

IMG_5092.JPG (349 KB)

Saving the Grass from Provocateurs
Suing for damage to municipal property is the Russian state’s new know-how when it comes to intimidating the opposition. Like certain other innovations, for example, repeated arrests for involvement in the same protest rally, it is being tried out on Alexei Navalny’s supporters.

The authorities decided to start big. The prosecutor’s office has estimated the city suffered nearly 11 million rubles in damage from the He’s Not Our Tsar rally. According to members of the Navalny Team in Petersburg, the 300-page complaint claims opposition protesters damaged the greenery in the Alexander Garden and the garden next to the Winter Palace. Allegedly, they trampled the lawns, flower beds, and roses, and damaged the dogwood and lilac bushes.

The complaint states the cost of restoring the vegetation in the two green spaces, as provided by the city’s municipal amenities committee. According to the committee, it cost 3,651,000 rubles [approx. 48,000 euros] to repair the damage incurred by the May 5 rally.

The prosecutor’s office multiplied this amount by three, citing a municipal regulation on the amount of compensation to be paid when greenery has to be replaced. The regulation states the amount of damage caused to green spaces protected by the city’s Committee on the Use and Preservation of Landmarks (KGIOP) must be multiplied by a factor of three.

DSCN0254.jpg (303 KB)A giant rubber duck emblazoned with the logo of the Vesna (“Spring”) Movement floats in a fountain in the Alexander Garden on May 5, 2018.

Ivan Pavlov, lawyer and head of Team 29, a group of civil rights lawyers, fears the lawsuit against Litvin and Mikhailov is only the first of similar penalties.

“I am concerned by the direction the prosecutor’s office has taken. This would set a very dangerous precedent. Precedents are usually tried out in other regions of the country, but this time they are starting with Petersburg. Fines are one thing, but civil liability is a whole new level of impacting people’s desire to protest,” Pavlov told Zaks.ru.

Leonid Volkov, project manager at the Anti-Corruption Foundation (FBK), argues that if you follow the Petersburg prosecutor’s thinking to its logical conclusion, you could also punish the organizers of authorized rallies.

“If they tell us that the rally organizer should be punished for trampling the law rather than the person who trampled the lawn, it makes no difference whether the rally was authorized or not, right? Let’s imagine we have organized an authorized rally. The prosecutor shows up and tells us organizers he is suing us for a billion rubles. It would sound completely insane,” Volkov said.

Downtown Petersburg is often used as a venue for large-scale events, including official celebrations. For example, this past summer, the Smolny reported that, during the annual Crimson Sails celebration for school leavers, when young Petersburgers and out-of-towners party all night long, approximately 600 cubic meters of rubbish were removed from the downtown area. It is unknown whether the city inspected the condition of its bushes after the school leavers’ party.

The New Governor
Litvin, federal coordinator and press secretary for the Vesna Movement,  actually applied to the Smolny for permission to hold the May 5 rally. He proposed a march down Zagorodny Prospect, following by a rally on Pioneer Square. The city’s law and order committee found a reason to turn down his application, just like the other applications submitted by Navalny supporters. The city told the opposition to hold its rally in Udelny Park, a large green space in the north of the city that looks more like a forest. Insulted by this suggestion, Navalny supporters announced the rally would take place on Palace Square.

Three months later, on August 2, the October District Court fined Litvin 20,000 rubles for organizing the unauthorized He’s Not Our Tsar protest rally per Article 20.2 Part 1 of the Administrative Offense Code. Petersburg City Court subsequently overturned the lower court’s ruling. The case will be reheard in the near future.

Mikhailov, the Navalny Team’s Petersburg coordinator, has already been punished twice for the May protest. First, the Smolny District Court sentenced him to 25 days in jail, and then the October District Court fined him 300,000 rubles [approx. 4,000 euros], a record fine for opposition political activism in Petersburg. The fact that Mikhailov was on the air on the internet channel Navalny Live during the event, answering the questions of his comrades in Moscow, was considered proof he organized the protest.

“I was covering the event, because the major national media were not there. At such a huge event! In Petersburg, 10,000 people marched on the Nevsky,” replied Mikhailov.

He now recalls an interesting conversation he had on the sidelines of one of his court hearings.

“There was a certain law enforcement officer at one of my court hearings. He told me the prosecutor’s office was planning to file suit, because the damages incurred by the city were too large. Nothing came of it. Judging by the complaint, this past summer, they really did carry out inspections and corresponded on the matter, but then it fizzled out. But in November, when Alexander Beglov was appointed acting governor [of Petersburg], the officials involved resumed their correspondence and the lawsuit was drawn up. Putting it simply, Beglov came to power and gave them the green light,” Mikhailov told Zaks.ru.

Maxim Reznik, a member of the St. Petersburg Legislative Assembly, has also noticed the new governor’s shadow looming over the lawsuit. Reznik argues the Smolny is using such cases to intimidate the opposition in the run-up to the 2019 elections.

“They strike us with the lash, and they hit us in our pocketbooks. It’s directly connected with the new governor. Because he is either involved in what is happening or he has no control of the situation. Why he would want that? The regime is showing us its teeth. It doesn’t want there to be any protests whatsoever. [Beglov] needs things to be quiet so he can bring happiness to the city, while anyone who intends to agitate the people should know their place,” said Reznik.

Supernatural Stupidity
Maybe ten thousand people did not attend the May 5 protest, but there were clearly more than two thousand people on the streets, as was claimed by the Interior Ministry’s local office. Originally, no one had planned to march on Nevsky Prospect. Since a celebration for bikers and rehearsals for the May 9 Victory Day military parade were taking place on Palace Square, the protest rally was hastily moved across the street to the Alexander Garden. When the Alexander Garden was teeming with people who wanted to express their displeasure at the policies of the old-new president, Vladimir Putin, voices in the crowd called for the rally to move to the Nevsky, and people spontaneously rushed into the city’s main street.

The Navalny Team did not immediately join the march. Initially, the rally’s Telegram channel broadcast requests not to heed people urging protesters to leave the Alexander Garden. Volunteers sporting “20!8” pins made the same request in person, until they realized there was no holding people back. The crowd stayed on the sidewalk for awhile, but when it encountered a segment of the Nevsky closed to traffic for repairs, it went onto the roadway. At approximately the same time, Mikhailov, who was in the midst of the crowd, went on the air on Navalny Live.

The first arrests occurred at the corner of Marat Street and Nevsky, where a police barrier awaited the demonstrators. Seeing what happened, the bulk of the crowd turned around and headed in the opposite direction, walking down the Nevsky and parallel streets. In none of the court hearings in the cases of Litvin and Mikhailov was any evidence presented that suggested either of the men had encouraged the demonstrators to return to Palace Square.

Most of the arrests took place outside the Hermitage. Police dressed in riot gear gave chase over the lawns to anyone chanting slogans. They caught some of these people, dragging or escorting them to paddy wagons parked on Palace Passage. The proceedings were videotaped and photographed by bloggers and reporters. No one had the time to look where they were walking.

Two men, however, will be held liable for damaging the lawns and other vegetation. One of them, Litvin, never even made it back to the Winter Garden: he was detained near Gostiny Dvor when the demonstrators headed in the opposite direction.

Attorney Arkady Chaplygin call this method of singling out guilty parties a supernatural stupidity.

“The lawsuit makes no sense whatsoever. The Russian Civil Code prohibits seeking monetary compensation for damage from persons who did not cause the damage. The law requires the individual who caused the damage to be identified. This lawsuit is a PR stunt on the part of Governor Beglov meant to intimidate the opposition. It is a stupidity supernatural in its scope,” argued Chaplygin.

The Frunze District Court will try and make sense of the botany of the city’s parks and the prosecutor’s arithmetic after the New Year’s holidays. A preliminary hearing in the case has been scheduled for January 10.

Photos courtesy of Zaks.ru. Translated by the Russian Reader

How the FSB Tortures Detainees: Stories of the Victims

How the FSB Tortures: The St. Petersburg Public Monitoring Commission’s Report and the Stories of the Victims
Team 29
October 25, 2018

Torture victims and activists say violence has become a common practice in the security services. Anyone whosoever can become their victim: Muslims and atheists, anarchists and entrepreneurs, industrial climbers and police officers. The victims are afraid to talk about what happened to them, while family members, physicians, and eyewitnesses are threatened into staying silent. Members of the St. Petersburg Public Commission for Monitoring Conditions in Places of Detention (hereafter, PMC) have written a report on how the FSB tortures detainees and witnesses in FSB offices, remand prisons, vehicles, forests, and garages. We have excerpted the highlights of their report in what follows, as well as publishing a video (above) in which the victims and their relatives tell their own stories.

“Writhing from the Electrical Current, He Lifted the FSB Officer and Himself into the Air”
In December 2017, the FSB’s Saint Petersburg office announced it had prevented a terrorist attack on Our Lady of Kazan Cathedral, in downtown Petersburg. Seven people were detained on suspicion of involvement in planning the attack. Five of them were remanded in custody. What happened to the other two suspects is still not known.

One of the detainees, Aliskhan Esmurziyev, says his torture began in a minivan, in which FSB officers, their faces covered, kicked and tasered him. He was then taken to an FSB office, where he could hear the other detainees screaming. After he was interrogated by an investigator, he was taken to a separate room, where, according to Esmurziyev, he was handcuffed, a sack was pulled over his head, and crocodile clips were attached to his feet. Esmurziyev was electrocuted while an FSB officer sat astride him. His body writhing from the electrical current, Esmurziyev lifted the FSB officer and himself into the air.

Another detainee, Shamil Omargadzhiyev, was beaten in front of his pregnant wife. According to the PMC’s information, FSB officers broke into his home, which they searched while beating and kicking him, knocking out one of his teeth and demanding he confess to planning the terrorist attack. When he was delivered to court, he fainted several times. In the compartment of the paddy wagon in which he had been transported, it had been difficult for him to breath. Six feet five inches tall, Omargadzhiyev had had his hands tied back in a way that made it impossible for him to sit down and thus breathe.

Both detainees are accused of illegal possession of weapons (punishable under Article 222 of the Russian Federal Criminal Code). Esmurziyev filed a complaint with the Russian Investigative Committee about the crimes committed against him, but later rescinded the complaint for “procedural” reasons. Omargadzhiyev’s defense counsel also filed a complaint with the Investigative Committee, but it refused to open a criminal investigation while also not allowing him to see the written judgment that explained the reasons for the refusal.

“If I Didn’t Know the Answer, I Was Electrocuted”
Eleven young men in St. Petersburg and Penza were accused of involvement in a “terrorist community” and arrested. Most of them are antifascists and anarchists. The FSB claims they were members of an underground organization known as the Network, which planned “to incite the popular masses in order to subsequently destabilize the political circumstances” in Russia during the March 2018 presidential election and this summer’s 2018 FIFA Football World Cup, held in Russia. The case is currently under investigation. Most of the suspects have been in remand prisons since October 2017 and January 2018, respectively, and several of them have reported being tortured.

Novosibirsk native Arman Sagynbayev was detained in Petersburg in November 2017. He would later recount that he had been put in a minivan and had a sack pulled over his head. Two wires were attached to his hands, and he was electrocuted while being beaten over the head with something resembling a day planner.

“The torture lasted approximately four hours, but I cannot say for certain, because I had no way of telling the time and I was in a lot of pain,” Sagynbayev recounts.

Petersburg resident Yuli Boyarshinov was jailed in an overcrowded cell at Remand Prison No. 6 in Gorelovo, located just beyond the Petersburg city lines in neighboring Leningrad Region. In the cell, which had 110 cots for 150 prisoners, the “senior” inmates, who cooperated with the wardens, routinely beat up the other prisoners. Boyarshinov was also beaten. He was called to the kitchen, which is not outfitted with CCTV cameras, and quizzed about the circumstances of his arrest. He was beaten in such a way that no traces of the assault were left on his body. He was also threatened with rape.

FSB officers detained Viktor Filinkov at Petersburg’s Pulkovo Airport in January 2018. He was taken to an unknown location, where the FSB officers commenced interrogating, beating, and electrocuting him right in the vehicle.

Subsequently, members of the Petersburg PMC noted numerous wounds on his thigh in the shape of paired, evenly spaced dots, such as a taser would have left behind.

“If I didn’t know the answer,” says Filinkov, “I was electrocuted. If my answer was not what they expected, I was electrocuted. If I thought for too long or took to long to give an answer, I was electrocuted. If I forgot what I had been told, I was electrocuted.”

Filinkov’s defense counsel filed an official request for a criminal investigation, but his request was rejected. In September 2018, he filed a complaint with the European Court of Human Rights in Strasbourg.

Members of the Petersburg PMC visited Igor Shishkin, another suspect in the Network case, on January 27, 2018. Since he was dressed in a long-sleeved shirt and trousers, they noted only the injuries they could see, including

  • a large bruise around his left eye all the way to the bone;
  • blood in the corner of his left eye;
  • an abrasion in the middle of his left cheek;
  • marks from handcuffs on both hands;
  • a split lower lip;
  • a bruise around his right eye;
  • scratches on his left cheek;
  • a burn on the back of his left hand.

Later, similar burns were noted on Shiskin’s back and the back of his thigh.

Ilya Kapustin was not a suspect in the Network case. Nevertheless, he was interrogated as a witness and tasered for four hours in a car before being taken to FSB headquarters, where the interrogation was resumed.

The Malvina Taser
Major Ilya Shchukin, head of the property crimes desk at the Tosno District Police Precinct, and Field Investigator Sergei Laslov are suspected of official misconduct and falsifying evidence. They allegedly replaced Suprastin with amphetamines in a pack of cigarettes confiscated from a detainee. Prior to this, they had allegedly been involved in planting drugs on people to bolster clearance rates.

On April 12, 2017, FSB officers detained Shchukin and two of his colleagues in the town of Kirishi. Shchukin was dragged from his car and immobilized. The hood of his jacket was pulled over his head, and he was taken to a van. In the van, he was asked what he was doing there. When he replied, officers of the FSB’s special weapons and tactics division Grad (“Hail”) told him he was lying and tasered his fingers several times. He was asked more questions and electrocuted several times. Shchukin was tortured for approximately an hour and a half. He was electrocuted in the groin and anus. The Grad officers told Shchukin he would have no more children.

“The door of the van would open from time to time. I would hear a man saying I was talking shit and the Grad officers should keep working me over,” Shchukin recounts.

Shchukin was then taken to another van and forced to kneel with his hands cuffed behind his back for approximately an hour. Only then was Shchukin driven to an FSB office. He refused to plead guilty. During interrogations, Shchukin told his interrogators on several occasions that he had been tortured. His burns were examined by a specialist, but the specialist was, supposedly, unable to establish whether the wounds were typical of a taser, since he did not the taser’s model. Shchukin knew it was a Malvina brand taser, but his appeal for a second forensic examination was rejected.

Sergei Laslov was detained on July 6, 2017, in his police precinct. He was driven in a bus to nearby garages. It was there, Laslov recounts, that an FSB officer demanded he confess to the crime, and a Grad officer tasered him. Laslov refused to confess his guilt, and so he was driven to a forest on the outskirts of Tosno. There, says Laslov, a senior FSB officer ordered he be bent forward head towards the floor, and a Grad officer beat him, delivering taser blows to his crotch and groin.

A short propaganda film about the Petersburg FSB Grad unit, broadcast on Russian television and posted on YouTube in 2014. This video is not part of the Petersburg PMC and Team 29’s report, but it nicely characterizes the extreme militarization of policing under the Putin regime.

Laslov was tortured for over two hours. The first taser went dead, so the Grad officer was given another, larger taser. Ultimately, Laslov agreed to tell how, allegedly, he had committed the crime so they would stop torturing him. He was driven to an FSB office, where he signed a typewritten statement.

Laslov told his defense counsel about the torture. A medical forensics expert noted the injuries from the tasers on Laslov’s body. Laslov filed a criminal complaint. In October 2017, an investigator with the Military Investigative Committee issued a decision refusing to initiate criminal proceedings. A military prosecutor overruled the refusal, but the investigator reissued it.

“I Felt Unbearable Pain”
Igor Salikov is accused of sexual assault. He believes his ex-wife paid the security services to charge him with the crime.

Salikov says that on the early morning of May 7, 2018, police investigators, an FSB officer, and a masked man came to the home he shares with his common-law wife Olga Smirnova in the village of Ogonki, Leningrad Region, for the latest in a series of searches. Later, Salnikov would identify the masked man as the officer with the FSB’s economic security service in Petersburg’s Petrograd District who searched his house in October in connection with a weapons possession investigation.

It was the masked man, Salikov says, who handcuffed him and repeatedly struck Olga Smirnova with a truncheon. She was then driven away by plainclothes FSB officers, while Salikov was interrogated. When the FSB officer did not like his answers, he hit Salikov with a truncheon and tasered him. Salikov’s female housekeeper called the police, but when they arrived, the FSB officer and one of the investigators went outside to talk with them, and they soon left.

After Salikov again refused to incriminate himself, he was pushed in the back and fell face first on the floor. Salikov recalls that the FSB officers took one of the rifles Salikov kept in the house and used it to strike Salikov in the anus.

“The blow was so strong the rifle barrel penetrated me, ripping through my trousers, and nearly nailing me to the floor. I felt unbearable pain.”

An ambulance was summoned. Salikov was first taken to the district hospital, and then to Petersburg, where he was able to get the medical attention he needed. He was diagnosed as having suffered a ruptured bladder, ruptured anus, ruptured colon, and other injuries.

Salikov’s request to have a criminal torture investigation opened was turned down, since it was, allegedly, impossible to establish the involvement of specific officers in the Petrograd District office of the FSB’s St. Petersburg and Leningrad Region Directorate.

The members of the St. Petersburg PMC argue torture has become an integral part of the investigations and inquiries carried out by officers of the FSB’s St. Petersburg and Leningrad Region Directorate. As the PMC members point out, however, local FSB officers enjoy absolute impunity, since neither the Military Investigative Committee nor the military courts do their jobs. The PMC members suggest disbanding the FSB’s St. Petersburg and Leningrad Region Directorate and prosecuting all FSB officers involved in torture without transferring the directorate’s functions to another organization.

Authors: Yana Teplitskaya and Yekaterina Kosarevskaya, Members of the St. Petersburg Public Commission for Monitoring Conditions in Places of Detention 
Legal Consultant: Daryana Gryaznova
Video: Anastasia Andreyeva
Editors: Nikolai Ovchinnikov and Tatyana Torocheshnikova

Translated by the Russian Reader

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

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

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

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

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

____________________

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

Why did you decide to visit prisons and police precincts?

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

What do you do for a living?

Yana: I’m a mathematician.

Are you a schoolteacher?

No, I don’t teach. I do research.

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

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

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

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

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

Who nominated you to the PMC?

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

Yana Teplitskaya and Yekaterina Kosarevskaya outside Penal Colony No. 5

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

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

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

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

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

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

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

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

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

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

What do you do with such reports?

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

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

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

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

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

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

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

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

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

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

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

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

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

Have the accused in The Network case testified?

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

He told you this in the remand prison?

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

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

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

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

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

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

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

How did the other members of the Petersburg PMC react?

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

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

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

Do you feel that you are being shadowed?

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

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

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

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

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

They aren’t political prisoners?

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

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

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

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

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

How often do you visit remand prisons?

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

Tell me about Petersburg’s remand prisons.

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

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

What about The New Crosses?

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

The New Crosses remand prison

Are Petersburg’s remand prisons overcrowded?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Who is jailed there?

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

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

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

“No, we didn’t,” I say.

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

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

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

What dragged you in?

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

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

Trolling the Trolls

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Lyudmila Savchuk-Borisova
Facebook
October 15, 2016

The police have taken on the troll factory. The managers of the Kremlin bots have been accused of fraud.

Friends, in connection with the complaint I filed, drafted with the help of the civil rights activists at Team 29, the police have inspected the work of the so-called troll factory in St. Petersburg.

As stated in the reply [to my complaint], written by head of the local Department for Economic Security and Corruption Prevention of the Interior Ministry (the economic crimes division), evidence of a crime, as defined by Russian Federal Criminal Code Article 159 (fraud), has been detected in the actions of Internet Research LLC’s management.

The case file has been sent to the investigative department, and we are awaiting their decision.

I infiltrated the factory early last year to investigate this organization’s activities. Under the guise of an employee, I researched how the work of paid “commentators” was set up. This enabled me not only to make the general public aware of this aspect of life in Petersburg but also to launch inspections of the goings-on at 55 Savushkin Street by various authorities.

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