The Persecution of Konstantin Kotov

Yan Shenkman
Facebook
August 14, 2019

Today, Kostya Kotov was sent down for two months. It was a temporary remand in custody, but there is a chance he could be charged with the same article in the criminal code as Ildar Dadin, meaning he could be sentenced to prison for up to five years for the sum total of administrative offenses on his record.

Kostya was always sticking up for people. He would go to courthouses and stand holding placards in their defense. If that is a crime, I don’t know what to say.

As Yana Teplitskaya wrote correctly today, the difference between Dadin and Kotov is enormous. Dadin attacked the regime, while Kotov stood up for its victims. Meaning he did what you cannot help doing if you have a shred of conscience left in you.

By coincidence, Dadin was detained today, too.

Kostya is a staunch opponent of violence: I have personally spoken with him about this. He is a calm, intelligent chap and works as a programmer. I cannot even remember him raising his voice to anyone.

And so it transpires he is a criminal and a danger to society.

This is awful, but I wanted to write about something else.

I was at Kotov’s court hearing today. The authorities took a long time getting him to the courthouse. The hearing was slated for ten, but it was around two when he was brought to the courthouse.

I went outside to have a smoke. A film crew from Channel One was hanging out there. Right then, a paddy wagon pulled up and guards led Kostya to the courtroom. I waved at him.

“Konstantin, tell us what you were arrested for?” the female reporter from Channel One yelled from right behind me.

I don’t know what answer she wanted to hear and how she imagined she would hear it. The distance between the vehicle and the entrance to the courthouse was ten meters or so. Kostya was handcuffed and under guard. Did she expect him to stop and explain to her why he had been arrested?

Someone next to me turned to her.

“For nothing,” he said.

Kotov had been taken away. I didn’t manage to finish my cigarette.

kotov-1Konstantin Kotov. Photo by Adik Zubcik. Courtesy of Facebook and Mediazona

“Any Injustice Would Upset the Guy”: The Man Charged under the “Dadin” Article
Anna Kozkina, Dima Shvets, and Elizaveta Pestova
Mediazona
August 13, 2019

On Wednesday, the Presna District Court will decide on custody measures for 34-year-old Konstantin Kotov, a programmer who has been charged under the rarely used Article 212.1 of the Russian Criminal Code, which makes repeated administrative violations at protest rallies a criminal offense. Mediazona tells the story of a man who had the bad luck to get involved in political activism in a period when people who attend any unauthorized public events are rampantly persecuted.

Comrades
It is August 13, the middle of the workday. The weather in Moscow is fine. A fifty-something man stands outside a presidential administration building on Staraya Ploshchad, holding a placard that reads, “Konstantin Kotov is being persecuted under the criminal code for defending political prisoners. Free the defender of freedom.”

The man is Nikolai Rekubratsky, a poet and researcher at the Freshwater Fisheries Institute who lives in Dmitrov. In his spare time, he and several allies run the Facebook Group Sentsov. Exchange. Today and Every Day.

Rekubratsky says members of the group have been holding solo pickets here every weekday since September 6, 2018. Usually, the picketers demand a total exchange of Russian and Ukrainian prisoners of war, but last night their comrade the 34-year-old Moscow programmer Konstantin Kotov was detained and charged with a criminal offense. Kotov was one of the people who came up with the idea for the daily pickets and had been actively involved in them.

_____________________________

caf20691d9cda5e2f430ad4794b128e3Illustration by Mike Ch. Courtesy of Mediazona

Article 212.1. How Many Times Have We Told You?
Article 212.1 (repeated violation of the rules for holding rallies) was added to the Criminal Code in the summer of 2014. In January 2015, for the first time, the Russian Investigative Committee charged three activists with breaking the new law.

_____________________________

“We met about a year ago at pickets in support of Oleg Sentsov, who was on hunger strike at the time in support of other political prisoners. It had a big impact on many people who were strangers to political activism. But Kostya had earlier attended protest marches of some sort. I don’t know exactly which ones,” says Nikolai. “He said he had no clue who Sentsov was, but when his hunger strike kicked off and Kostya read about it on the internet, it made a very strong impression on him and so he began supporting Sentsov.”

Other activists walked up to the entrance to the presidential administration. One young man hands Rekrubratsky his written surety for Kotov: tomorrow, a court will decide on custody measures for him. The people going into the building pay no mind to the picketers.

“Life was such that ever more events and injustices happened, and Kostya could not help reacting to them. He took part in pickets and was repeatedly detained,” Rekrubratsky continues.

kotov-2Nikolai Rekubratsky. Photo by Dima Shvets. Courtesy of Mediazona

Judging by his Facebook page and the accounts of friends, Kotov supported arrested Open Russia activist Anastasia Shevchenko and Alexei Navalny’s Anti-Corruption Foundation. He ran the Telegram channel #StopFSB, which is dedicated to the defendants in the Penza-Petersburg “terrorism” case and the New Greatness case. He tried to help Moscow State University graduate student Azat Miftakhov. That is, he empathized with the defendants in nearly all the current criminal cases with political overtones.

Kotov’s allies recall other stories as well, for example, how Kotov bought medicine for New Greatness defendant Anna Pavlikova or assembled care packages for the arrested Ukrainian sailors.

Nevertheless, on Facebook, Kotov listed his place of employment as DSSL, a company that produces video surveillance systems and, in particular, facial recognition software.

“Any injustice would upset the guy. He always reacted, going to rallies and standing in pickets. His stance was always extremely peaceful,” recalls activist Anna Babicheva.

“At the Nemtsov memorial march in February, Kostya for some reason gave me his placard, which is very well designed. There are silhouettes of crosses and bombs drawn on it, and the simple slogan, ‘Say No to War.’ It is a big A1-sized placard, and I really enjoy picketing with it. It’s my favorite placard by Kostya,” says Grigory Simakov, a volunteer at the Nemtsov Bridge memorial, a member of the 14% Movement, and a participant in the total prisoner exchange pickets.

It was Kotov’s protest activism that was the reason for the criminal charges filed against him under Russian Criminal Code Article 212.1 (“repeated violation of the rules for holding rallies, marches, and pickets”).

The Case
According to the written order to institute criminal proceedings, the case is based on three occasions on which Kotov was charged with administrative offenses in the last six months, although the document refers not to three but four violations.

The first administrative case had to with calls to take part in the Moscow City Duma elections protest on July 19 on Trubnaya Square, which Kotov posted on Facebook. The Tverskoi District Court in Moscow found him guilty of organizing a public event without notifying the authorities (Article 20.2.2 of the Administrative Offenses Code) and sentenced him to ten days in jail.

Earlier, on June 12, Kotov took part in a march in defense of journalist Ivan Golunov. The Presna District Court fined him 15,000 rubles after finding Kotov guilty of hindering the movement of vehicles and pedestrians (Article 20.2.6.1 of Administrative Offenses Code).

Kotov was detained during a gathering, outside an FSB building on May 13, in support of defendants in the Network and New Greatness cases. In this instance, the Meshchansky District Court found him guilty of repeated violations of the law on rallies (Article 20.2.8 of the Administrative Offenses Code) and jailed him for five days.

On August 10, Kotov again took part in an “unauthorized” protest near Staraya Ploshchad. According to investigators, he chanted the slogans “Let them run,” “Putin is a thief,” “We are the power here,” “Down with Putin,” “All for one, and one for all,” and “Russia will be free.”

After police dispersed the protest, Kotov spent two days at the Sokolinaya Gora police precinct. On August 12, he was released under an obligation to return to the precinct for a meeting with an Investigative Committee investigator. Several hours later, he was detained again and taken to the Investigative Committee for questioning.

kotov-3

A screenshot from Maria Eismont’s Facebook page showing her and Konstantin Kotov after his release from a Moscow police precinct on August 12 and explaining that Kotov was “grabbed” and delivered to the Investigative Committee two hours after the photo was taken. Courtesy of Mediazona

OVD Info lawyer Maria Eismont described Kotov’s arrest as follows.

“They attacked him from behind. They threw him on the ground and twisted his arms behind his back. Yet, at the same time, they asked, ‘Konstantin, what are your political views?’ When his personal effects were searched at the Investigative Committee, they found a copy of the Criminal Procedures Code, a copy of the Administrative Offenses Code, a booklet entitled Crimea Is Ours, a bag emblazoned with poems by a poet from Lviv, and a placard that read, ‘Let them run.'”

“Then they found his mathematical engineering honors diploma.”

“‘Attaboy!’ said the investigator,” Eismont recounted.

In the late evening, it transpired that charges had been filed against Kotov under the relatively rarely used Article 212.1 of the Russian Criminal Code. After the release of Ildar Dadin, the first person to be charged, convicted, and imprisoned under the new law, it has been used only twice: against Vyacheslav Egorov, leader of the anti-landfill protests in Kolomna, and against Andrei Borovikov, who was involved in the anti-landfill protests in Shies.

Then came a nighttime search of Kotov’s home.

“Morning is arriving, dawn is breaking outside. Investigators put the placard they have found—’Free Ponomaryova,’ ‘Free Nastya Shevchenko,’ ‘Free political prisoners!’—on the living room floor. ‘Kostya, do you have bags to put all of this in?’ ‘I have garbage bags.’ ‘Those will do.’ There is a sewing machine. ‘Is it a Singer?’ ‘No.’ There are more placards. ‘You have a lot of this stuff,’ a field officer notes,” Eismont wrote in her description of the search.

kotov-5

During the search of Konstantin Kotov’s apartment. Courtesy of Maria Eismont

Kotov was formally charged on the morning of August 13.

“Unfortunately, Criminal Code Article 212.1, which had been dubbed a ‘sleeper’ article, has woken up and sprung into action. Moreover, as in the Egorov case, the formal approach to the law has been taken in Kotov’s case, despite the Constitutional Court’s well-known ruling on the matter. This means that if a person has been found by the courts to have violated Article 20.2 of the Administrative Offenses Code three times over six months, the fourth violation is treated as a criminal offense,” says Eismont. “The fact that people involved in ‘unauthorized’ protests cross the street at crosswalks doesn’t matter to anyone. The Constitutional Court ruled that only those protesters who did something dangerous were liable to criminal prosecution and punishment. The system has shown that it regards protesting without permission as a danger to itself and, thus, a crime.”

Translated by the Russian Reader

Advertisements

Solidarity? (The Case of the Penza and Petersburg Antifascists)

fil_0Viktor Filinkov, Petersburg antifascist, torture victim and political prisoner

Solidarity? No, They Haven’t Heard about It
The Security Services Are Using the Case of the Antifascists to Test Society: If We Keep Silent, the Torture and Arrests Will Continue
Yan Shenkman
Novaya Gazeta
March 22, 2018

On Election Day, March 18, which was simultaneously Paris Commune Day and Political Prisoner Day, Theater.Doc in Moscow staged a performance entitled Torture 2018, a reading of the interrogation transcripts and diaries from the Penza-Petersburg “terrorism” case.

The case has disappeared amid the flood of political and election campaign news, so I should briefly summarize it.

In October 2017, a group of young antifascists was detained by the Russian Federal Security Service (FSB) in Penza. They were accused of organizing a terrorist community code-named The Network. They were allegedly tortured. Nearly all of them confessed to the charges, telling the FSB what the FSB wanted them to say.

Recently, for the first time in history, FSB officers admitted they used electric shockers when interrogating Petersburg antifascist Viktor Filinkov. In their telling, however, it was not torture, but a necessity: the detainee allegedly tried to escape.

The arrestees are kindred souls of Stanislav Markelov and Anastasia Baburova, murdered by neo-Nazis in downtown Moscow in January 2009. A march to honor their memory has been held on the Boulevard Ring every year since then.

Less than ten years have passed since their deaths and we are confronted by a relapse, an attack on antifascists by the Russian state.

The harsh language of the interrogation protocol is more expressive than any op-ed column. Dmitry Pchenlintsev was tortured day after day: he was hung upside down and different parts of his body were shocked with electrical current. Vasily Kuksov was badly beaten: his face was a bloody pulp, his clothes torn and blood stained. Doctors in Petersburg discovered a fracture to the lower wall of Igor Shiskin’s eye socket, as well as multiple abrasions and bruises. They noted numerous injuries, including burns from an electric shocker. FSB officers took Ilya Kapustin to the woods, tortured him with an electric shocker, and threatened to break his legs.

We heard similar reports from Chechnya and Donbass, but this is the first time something like this has occurred in the middle of Russia and on such a scale.

The young arrestees in Penza, none of whom is over thirty (the oldest is twenty-nine) played airsoft, listened to independent music, and read anarchist books, like thousands of other young people. Now, given the will, any of them can be arrested on terrorism charges.

Alexei Polikhovich, who spent three years in prison as part of the Bolotnaya Square case, and produced the performance at Theater.Doc, did not have to make up anything, no monologues or dialogues. What has happened in reality is not something you would make up.

“I was panicking,” leftist activist and former political prisoner Alexei Sutuga says, reading Viktor Filinkov’s statement aloud. “I said I didn’t understand anything, and that is when they shocked me the first time. It was unbearably painful. I screamed and my body went straight as a board. The man in the mask ordered me to shut up and stop twitching. He alternated shocks to my leg with shocks to my handcuffs. Sometimes, he shocked me in the back or the nape of the neck. It felt as if I was being slapped upside the head. When I screamed, they would clamp my mouth shut or threaten to gag me. I didn’t want to be gagged, so I tried not to scream, which wasn’t always possible.”

“It’s probably the worst thing happening now in Russia,” Polikhovich told me after the performance. “But we have no means of putting pressure on them. Complaints filed against the FSB are redirected to the FSB, meaning they are supposed to keep tabs on themselves. Naturally, they are not about to do this. The only thing that can save the guys is public pressure.”

“But for several months there were no attempts to pressure the FSB. Why?” I asked.

“Location is vital in this case,” replied Polikhovich. “There are tried and tested support methods in Petersburg and Moscow. There are independent journalists and human rights activists. There is nothing of the sort in Penza. The environment also makes a difference. The Bolotnaya Square case, in which many leftists were sent to prison, meant something to the entire liberal democratic opposition. It was a story the average Moscow reporter could understand.”

“In this case, however,” Polikhovich continued, “the accused have been charged with very serious crimes. They are not liberals. They are not Moscow activists. We have to break through the prejudice towards them.”

While Moscow was silent, brushing the case aside by mentioning it in a few lines of column inches, the case, which originated in Penza, had spread to Petersburg, then to Chelyabinsk, and finally, in March, to the capital itself. Several people were detained after a protest action in support of the Penza antifascists. (OVD Info reports that nine people were detained.)

“They put a bag over my head. Then they shocked me, constantly increasing the intensity and duration of the electric charge, and demanding I make a confession,” Moscow anarchist Svyatoslav Rechkalov, released on his own recognizance, told Novaya Gazeta.

The protests against the FSB’s use of torture in this case have mainly followed ideological lines: anarchists and antifascists have been doing the protesting. Solidarity protests have been held in Copenhagen, Toronto, Berlin, and New York. Finnish anarchists and antifascists held a demo outside the Russian embassy in Helsinki. In Stockholm, the way from the subway to the Russian embassy was hung with Filinkov’s diary and posters bearing the hashtag #stopFSBtorture.

A concert in support of the arrested antifascists was held at a small bar in Petersburg. The organizers were able to collect 42,500 rubles in donations. By way of comparison, a year ago, at a similar concert in support of Ildar Dadin, who was tortured in a Karelian penal colony, organizers collected 29,000 rubles in donations. But there no incidents at that event, while there was an incident at the Petersburg concert. Ultra-rightwing thugs burst into the bar and started a brawl.

In Moscow, the riot police or the security services would have telephoned the club’s owner and insisted he cancel the event, as happened with the anti-war Deserter Fest. In Petersburg, however, the rightists showed up.

“The situation has come to resemble the mid-noughties,” said Maxim Dinkevich, editor of the music website Sadwave, “when every other punk rock show was attacked.”

Pickets in support of the antifascists have been held both in Moscow and Petersburg, and there will probably be more pickets to come. But this story has not yet made a big splash. The public is more interested in discussing the falling out between Sobchak and Navalny, while anarchists draw a blank.

This case is not about anarchism or antifascism, however. It is about the fact that tomorrow they could come for you for any reason. Electric shockers do not discriminate.

The regime has been testing us, probing the limits of what is possible and what is not. If we keep silent now, if we do not stand up for each other, it will mean they can continue in the same vein. It is clear already that the case of the antifascists will expand. The arrests will stop being local, becoming large scale. We have no methods for pressuring law enforcement agencies that torture people, no authorities that could slap them on the wrists. The only methods we have are maximum publicity and public pressure. They are the only ways to deter the security service from making more arrests and keeping up the torture.

There is a group page on Facebook entitled Project No. 117, named for the article in the Russian Criminal Code that outlaws the use of torture. It is a clearinghouse for news about the Penza case and other anti-antifascist cases. It also features six videtaped messages in support of the arrested men, as recorded by the well-known Russian cultural figures Dmitry Bykov, Andrei Makarevich, Dmitry Shagin, Kirill Medvedev, Artyom Loskutov, and Artemy Troitsky.

I would like to believe that, in the very near future, there will be six thousand such messages, not six. Otherwise, we will be crushed one by one.

Dmitry Bykov (writer)

“Absolutely Gulag-like scenes of strangulation, beating, and abduction. Stories like this have become frighteningly more frequent. The return to the practice of torture is a relapse into the roughest, darkest period of Russian history.”

Andrei Makarevich (musician)

“If the authorities are trying to pass young antifascists off as terrorists, it begs the question of who the authorities are themselves. Have you lost your minds, guys?”

Dmitry Shagin (artist)

“I experience this as torture myself. By torturing these young men, they are torturing all of us.”

Kirill Medvedev (poet, political activist, musician)

“The Russian authorities have been posing as the most antifascist regime in the world for several years now, and yet they are cracking down on antifascists. Is this not hypocrisy?”

Artyom Loskutov (artist, political activist)

“If you arrested me and tortured me with an electric shocker, I would confession to terrorism, satansim, and anything whatsoever. And if the FSB officers were tortured, they would also confess to anything. Antifascism is not a crime, nor is anarchism a crime. But torture is a crime, a very serious crime indeed.”

Artemy Troitsky (writer, music critic and promoter)

“Torture is a sure sign the case doesn’t hold water. If they have evidence, they wouldn’t torture the suspects.”

Translated by the Russian Reader. Photo courtesy of Autonomous Action. Videos courtesy of Project No. 117 and Novaya Gazeta. If you have not heard about the Penza-Petersburg “terrorism” case, you can read the following articles and spread the word to friends, comrades, and journalists.