What Goes Around Comes Around

Supreme Court Chief Justice Accused of Persecuting Dissidents during Soviet Times 
He convicted human rights activist Felix Svetov, whose daughter Zoya Svetova had her apartment searched by the FSB yesterday
Alexei Obukhov
Moskovsky Komsomolets
March 1, 2017

Memorial has published documents relating to the case of journalist and human rights activist Zoya Svetova’s father, Felix Svetov, who was convicted in the Soviet for his human rights works. His trial, in 1986, was presided over by Vyacheslav Lebedev, who has been chief justice of the Russian Federal Supreme Court since 1989.

Chief Justice Vyacheslav Lebedev. Photo courtesy of Kremlin.ru

According to Memorial, Svetov was found guilty because he had made “defamatory” allegations that “innocent people [were] thrown into prison” and accusations that the authorities did not observe socialist laws and violated the rules of the Criminal Procedure Code.

Ultimately, Lebedev, who was then deputy head judge of Moscow City Court, sentenced Svetov to five years of exile.

Memorial published the information in connection with the search conducted this past Tuesday in the apartment of Felix Svetov’s daughter Zoya Svetova, an employee of Open Russia, which is headed by Mikhail Khodorkovsky. A similar search had taken place before Svetov’s trial in 1986.

Yet investigators have claimed that the hours-long search, which in particular involved confiscating the computers of Svetova’s children, the well-known journalists and brothers Filipp, Tikhon and Timofei Dzyadko, was carried out as part of the case against Khodorkovsky’s company Yukos, launched back in 2003. Svetova herself has suggested the real reason for the search was her work on the Moscow Public Monitoring Commission.

Memorial added that, in 1984, Lebedev handed down a guilty verdict to human rights activist Elena Sannikova. She was convicted of “anti-Soviet agitation and propaganda.”

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Moskovsky Komsomolets Deletes Article on Supreme Court Chief Justice’s Involvement in Persecuting Soviet Dissidents
Meduza
March 1,  2017

On March 1, an article entitled “Supreme Court Chief Justice Accused of Persecuting Dissidents during Soviet Times” vanished from the website of newspaper Moskovsky Komsomolets. The article was published on Wednesday afternoon and was accessible on the site for a few hours.

No reasons have been given for its deletion. A copy of the article has been cached in Google Search results.  Moskovsky Komsolets editor-in-chief Pavel Gusev told Meduza he was unaware of why the the article had been deleted and was hearing about the matter for the first time.

The article discusses Memorial’s publication of documents relating to a police search of the home of Felix Svetov and Zoya Krakhmalnikova, parents of Zoya Svetova, which took place in 1982.

Among other things, Memorial’s Facebook post points out that the presiding judge in Svetov’s case, which was heard in the mid 1980s, was Vyacheslav Lebedev, who would become chief justice of the Russian Federal Supreme Court in 1989.

FSB investigators searched journalist Zoya Svetova’s home for over ten hours on February 28, 2017, allegedly, as part of the Yukos affair. Svetova works for Mikhail Khodorkovsky’s Open Russia, but claims she knows nothing about Yukos’s business.

Translated by the Russian Reader. Thanks to Comrades AK and JM for the heads-up

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Zoya Svetova. Photo courtesdy of L'Express
Zoya Svetova. Photo courtesy of L’Express

Russia: ‘Deeply alarming’ raid targets human rights activist and journalist Zoya Svetova
Amnesty International
28 February 2017

After Russian criminal investigators searched the flat of Zoya Svetova, a prominent journalist and human rights activist, this morning, Sergei Nikitin, Director of Amnesty International Russia, said:

“Today’s search of Zoya Svetova’s flat is deeply alarming. She is one of Russia’s most respected journalists and human rights activists – it is unclear what she might have to do with the criminal investigation against YUKOS.”

“This search seems like a blatant attempt by the authorities to interfere with her legitimate work as a journalist and perhaps a warning for her and others of the risks of human rights work and independent journalism in Russia.”

Zoya Svetova previously worked for Reporters without Borders and Soros Foundation in Russia.

The search was conducted by 12 officers from Russia’s Investigative Committee that probes serious crime. According to Svetova’s lawyer, it was linked to a case of alleged embezzlement and tax fraud by the former YUKOS oil company head Mikhail Khodorkovsky. One of the most prominent critics of the Kremlin, Khodorkovsky served 10 years in jail and in 2011, after being convicted of another offence and sentenced to a new term of imprisonment, he was declared a prisoner of conscience by Amnesty International.

In December 2016 Russian Investigative Committee officers raided the apartments of seven Open Russia activists as well as the movement’s offices in Moscow and Saint Petersburg. The Investigative Committee claimed it was seeking evidence of money laundering by former YUKOS executives with links to Khodorkovsky.

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

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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.

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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.

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