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Up to 10 Years in Prison for Having a Personal Opinion: The Case of Journalist Sergei Mikhailov

Jul 21 2022

In Altai, the Gorno-Altaisk City Court put columnist and founder of the weekly newspaper Listok, Sergei Mikhailov in pre-trial detention. A criminal case was opened against Mikhailov for spreading fake news about the Russian military after investigators received a complaint about his articles about the “special military operation” of the Russian Armed Forces in Ukraine. These articles had been published in Listok and on the mirror site of the newspaper’s website. 

Who is Sergei Mikhailov?

Sergey Mikhailov was born on August 1, 1976. He has a young child and currently resides in the city of Gorno-Altaisk in the Altai Republic of Russia. Mikhailov is the founder and a columnist of the opposition weekly newspaper Listok and is a member of the federal political council of the democratic party Parnas. He is charged under Article 207.3(2)(e) of the Criminal Code of the Russian Federation (“Public spreading of deliberately false information about the use of the Russian Armed Forces and containing data about the exercise of their authority by Russian government agencies outside the Russian Federation for reasons of political hatred” — up to 10 years in prison). He has been in custody since April 13, 2022. 

Case Background

Russian authorities have accused Sergei Mikhailov of publishing false information on the destruction of a maternity hospital and drama theater in Mariupol by Russian troops, which resulted in the death of civilians, in Listok’s Telegram channel from March 9 to April 4, 2022. 

In addition, between March 20 and April 8, 2022, according to the case investigator, Mikhailov published false information on the killing of civilians by the Russian Army in the town of Bucha, Kyiv region, on the Telegram channel and newspaper website and in print issue No. 13(14)/1183 on April 6, 2022.

“By his actions, Sergei Mikhailov committed a crime under Article 207.3(e) of the Criminal Code of the Russian Federation — public dissemination under the guise of reliable reports of knowingly false information that contains data on the use of the armed forces of the Russian Federation in order to protect the interests of Russia and its citizens, maintaining international peace and security, as well as containing data on the performance of their powers by state agencies of Russia outside the territory of Russia for such purposes, committed on grounds of political hatred and hostility,” concluded the above decision dated April 14, 2022 by V. Ageyev, the prosecutor for high-profile cases of the Department of Investigation,

The Arrest and the Criminal Case

On April 13, 2022, Sergei Mikhailov was detained in the town of Lyubertsy near Moscow where he had recently been living (hiding, according to prosecutors). 

“On April 13, 22 at 6:00 a.m. I wake up to a sharp knock on the door of a room in a dormitory near Moscow. There is a shout from the door — open up, police! Immediately the flimsy plywood door flew open with a good kick. A crowd of people rushes into the room. A little later I counted 15 people, led by two SWAT officers in bulletproof vests, with assault rifles and faces covered with balaclavas. There was a cry of ‘Face down!’ I lay face down, handcuffs snapped on my hands. ‘Stand up, face the wall!’” Sergei Mikhailov describes his detention.

On the same day, law enforcement officers searched the Listokoffice in Gorno-Altaisk and confiscated documentation and office equipment. Searches were also conducted in the apartments of the news outlet’s employees. 

On April 14, 2022, Mikhailov was taken under convoy to Gorno-Altaisk and placed in the temporary detention facility of the Department of Internal Affairs. Judge Elena Kuznetsova of the Gorno-Altaisk City Court placed him in the pre-trial detention center until June 7, 2022, on the recommendation of the investigation.

It should be noted that the criminal prosecution of Sergei Mikhailov was preceded by actions against him and his media outlet. At the end of March 2022, hackers tried to infiltrate Mikhailov’s Telegram channel, and in early April, VKontaktesocial media blocked Listok’s community group. On April 6, 2022, Olga Komarova, director of Publishing House Listok LLC, was summoned to the prosecutor’s office for drawing up a protocol under the administrative article on appeals to sanctions against Russia (Article 20.3.4 of the Administrative Code). In April 2022, the Gorno-Altaisk City Court fined Listok founder Mikhailov, director Komarova, and the media legal entity several times for publishing several articles allegedly discrediting the army, totaling over a million rubles.

On April 25, 2022, two criminal cases were opened against Mikhailov under the article on spreading “knowingly false information” about the Russian army (Article 207.3 of the Criminal Code). The first case was initiated due to reposts of entries about the war with Ukraine in the newspaper’s Telegram channel, and the second due to the publication of a summary of an article about the atrocities in Bucha from Wikipedia. 

“S. Figulin, the head of the Republican Center “E” and his subordinates talked to me without any lawyer. They said — the investigator allowed it… The Telegram channel of Listok was insistently demanded to be eliminated. After hinting at some mitigation, Mr. Figulin demanded that I record a video of me apologizing… I refused … Figulin voiced aloud his desire to consider the criminal case “in a special order” …Figulin: “You are ruining Listok with your own hands.” 

Sergei Mikhailov categorically refuses to admit to the charges and considers the criminal prosecution as obstruction of his professional journalistic activities.

Why Does the Memorial Center Recognize Sergei Mikhailov as a Political Prisoner?

After studying the documents of the case, the Human Rights Center Memorial came to the conclusion that Sergei Mikhailov is a victim of political persecution.

A week after the Russian invasion of Ukraine on March 4, 2022, the Russian State Duma adopted emergency laws (not as separate bills but by amending others that had already passed the first reading) to amend the Code of Administrative Offenses and the Criminal Code. These laws deal with calls for sanctions, “spreading fakes” about the Russian armed forces, and “discrediting” them, as well as calls to obstruct their use. The same day, the Federation Council approved the laws, and in the evening, they were signed by the president. The amendments took effect on March 5, 2022, the date of their official publication. Memorial attorneys strongly believe that these articles contradict both the Russian Constitution and Russia’s international obligations, as well as basic principles of law.

According to Article 19 of the International Covenant on Civil and Political Rights, “Everyone shall have the right to hold opinions without interference … shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Similar guarantees are included in Article 29 of the Russian Constitution, which guarantees freedom of thought and speech. 

The restrictions on freedom of expression established by Article 207.3 of the Criminal Code clearly do not serve the purpose for which such restrictions might be established, Memorial emphasizes.

It is important to note that legitimate restrictions on freedom of expression cannot be justified by military censorship, as stipulated by paragraph 15 of Article 7 of the Federal Constitutional Law “On Martial Law.”  Even under martial law, the law does not impose special restrictions on freedom of speech and opinion. Moreover, there are no grounds for them in a situation where martial law is not imposed. 

The norms of Article 207.3 of the Criminal Code allow prosecution for expressing any opinions on the use of the Russian Armed Forces and the activities of its government agencies abroad.

The aforementioned defects of Article 207.3 of the Criminal Code of the Russian Federation determine its unlawful nature, which does not allow its application in good faith. The immediate introduction of this article into the Criminal Code after the beginning of the armed aggression against Ukraine, the rhetoric of officials that accompanied its consideration and adoption, and the context of its application — the ongoing military actions and accompanying state military propaganda — exclude such good faith. In a situation where the only accepted information and assessments are those of official Russian sources, which justify the war of aggression, deny Russian war crimes and accounts of civilian deaths, and prohibit the labeling of the events as “war,” the application of this article of the Criminal Code is extremely unconscientious and unlawful.

Based on the above, the Independent Human Rights Project “Support for Political Prisoners. Memorial” believes that Article 207.3 of the Russian Criminal Code is anti-legal—that it was created to conduct political repressions against critics of the authorities and must be abolished. Any prosecutions under this article are unlawful and must be stopped. 

When considering the prosecution of Sergei Mikhailov, it should be noted that he has been an opposition politician and journalist for many years, was elected deputy in Altai, and criticized the work of the authorities and law enforcement agencies both at the republic and federal levels. Thus, there is reason to believe that an additional motive for the unlawful criminal prosecution was the desire on the part of the Altai law enforcement to stop his outspoken criticism.

Memorial considers Sergei Mikhailov to be a political prisoner and calls for his release and for a review of his sentence with respect for the right to a fair trial.

Five to Ten Years in Prison for Anti-War Price Tags: The Surreal Case of Aleksandra Skochilenko

Jun 30 2022

This is the story of a St. Petersburg-based artist Aleksandra “Sasha” Skochilenko, who tried to help Russians cope with depression and is now arrested for “war fakes.”

Who is Aleksandra Skochilenko?

Sasha Skochilenko was born on September 13, 1990. She is a resident of St. Petersburg, a journalist, feminist, artist, and musician. When Sasha was diagnosed with cyclothymia, a form of bipolar affective disorder, she created The Book of Depression to support people with similar health problems. The book has been translated into English and Ukrainian.She was active socially and politically and has repeatedly participated in protests against the war in Ukraine.

She was charged under paragraph “e” of Part 2 of Article 207.3 of the Criminal Code:”Public dissemination under the guise of reliable reports of knowingly false information containing data about the use of the Armed Forces of the Russian Federation, committed on grounds of political, ideological, racial, national or religious hatred or enmity or on grounds of hatred or enmity toward a social group,” up to 10 years in prison.” She was charged for replacing price tags in a grocery store with anti-war placards. She has been in custody since April 11, 2022.

Case Background

On the evening of March 31, 2022, anti-war flyers appeared in a Perekrestok supermarket on the first floor of Shkiperskii Mall on Vasilyevsky Island of St. Petersburg. Attention was drawn to these flyers by a customer — a 75-year-old retiree. The woman filed a police report.

As the Bumaga newspaper discovered, supposedly for more than 10 days the law enforcement officers questioned the employees of Perekrestok, and reviewed video surveillance cameras. Eventually, they established who had put the flyer in the price tag and where this person went.

The Arrest and the Criminal Case

On the morning of Monday, April 11, law enforcement officers conducted a special operation. They went to the apartment of the alleged suspect — his house was 900 meters away from Perekrestok. What exactly occurred in the apartment is unknown. The man living there turned out to be a friend of 31-year-old Sasha Skochilenko.

That morning, the Skochilenko received a message from the friend saying they were “looking for a body” in his apartment, asking her to come over. When she was on her way, the young man texted her that “everything was fine.” Skochilenko’s friends believe that the law enforcers could have texted Sasha from her friend’s phone.

When Skochilenko arrived at the apartment, she was detained. It was around 11 am. There was no news from Skochilenko for more than four hours, and law enforcement agencies did not comment on the situation.

During the search, the computer and the clothes on which Skochilenko allegedly replaced price tags with flyers were seized.

After the search, Skochilenko was taken for questioning to the Vasileostrovsky District Investigative Department of the Main Investigative Directorate of the Investigative Committee of the Russian Federation for St. Petersburg, where her detention as a suspect was formalized.

According to the media outlet Setevye Svobodi, the interrogation continued until 3 a.m. During this time the charges against Skochilenko became more serious, with an added motive of political hatred or enmity: “d” part 2, article 207.3 of the Criminal Code of the Russian Federation, providing for 5 to 10 years in prison. How the information on the anti-war leaflets could be “knowingly false” and where the “motive of political hatred” came from is not mentioned in the documents provided by the investigation.

On April 12, 2022, Mr. Proskuryakov, an investigator from the investigative department of the Vasileostrovsky district of St. Petersburg petitioned for the court to apply a measure of restraint in the form of detention to Skochilenko.

The following day, April 13, 2022, the judge of the Vasileostrovsky District Court of St. Petersburg E.V. Leonovagranted the petition for restraint, issuing an order for the detention of Aleksandra Skochilenko until May 31.

According to Dmitry Gerasimov, Skochilenko’s lawyer confirms that she posted anti-war leaflets with information about the Russian Federation’s use of military force in Ukraine and its consequences. However, she does not believe that the information in them was false, as follows from the article of the Criminal Code imputed to her.

The Judge Sent Skochilenko to the Detention Center. She Has a Critical Health Condition: Gluten Intolerance and Celiac Disease 

Sasha Skochilenko spent the night of April 12, 2022 in jail. As she said later in court, she slept there, but was not given any of the water or food that her friends had brought to her. The first hearing on Skochilenko’s case was postponed to the next day — and shespent another day in the temporary detention center.

The hearing on Skochilenko’s restraint began at 9 a.m. on 13 April in the Vasileostrovsky District Court. More than 40 people gathered in the hall — friends, journalists, as well as human rights activists. Skochilenko was taken to the court hall in handcuffs and put in a caged cell. She looked exhausted and begged for water — but there was no water in court and visitors were screened for food or drink. Despite her depressed state, she thanked the crowd.

Judge Elena Leonova did not consider the fact that Skochilenkowas diagnosed with bipolar affective disorder and celiac disease — a genetic intolerance to gluten, which requires a strict diet — to be a legitimate reason to refuse to send her to the detention center.

The judge specifically noted that Skochilenko “has no serious illnesses diagnosed” and that “there is no data that [the girl] needs emergency medical care.” In response to the fact that Skochilenko’s lawyer gave her a medical report, the judge said that the document “is not taken into account, because the source of information is not mentioned.”

Later it became known that Skochilenko faced psychological pressure and bullying in the detention center by her cellmates. The inmates forced Sasha to wash all her clothes every day, including bulky sweaters and a robe. It took her half of the day, wastingtime she could have spent writing letters to friends and statements about her case.

On April 20, after her meeting with Skochilenko in jail, herlawyer Yana Nepovinnova said that she felt “very sick” and vomited because of the poor diet. By April 25 (by that time the artist was still transferred to the pre-trial detention center), according to Nepovinnova, Skochilenko’s health had further deteriorated.

Public Reaction

Affidavit of guarantee for Skochilenko were signed by deputies of the Legislative Assembly of St. Petersburg, Boris Vishnevsky and Mikhail Amosov; politician Lev Shlosberg; and municipal deputy Sergei Troshin. The court also received a positive reference from Kirill Artemenko, the general director of Bumaga media outlet. Hundreds of posts appeared in social networks about her case, calling it absurd. The case has been covered by the independent media. An action in support of Skochilenko was held in London.

Amnesty International and the American PEN Center issued statements in Skochilenko’s defense. Costume designer Ksenia Sorokina, who won this year’s Golden Mask Award for her work on the play Finist the Clear Falcon, decided to give Skochilenkoher award “in gratitude for all that she does.”

What’s more infuriating in its injustice is not only the prosecution for anti-war stance (that too), but rather the possible sentence of up to 10 years in prison, and the fact that she was sent to adetention center despite her illness.

“I remind you that none of the men who threatened to ‘cut off their heads’ ever got anything,” wrote Legislative Assembly deputy Boris Vishnevsky. “And nothing for the two attempts to kill my friend Vladimir Kara-Murza. But for the anti-war speeches — jail and then prison for 10 years. Notice the difference.”

At the same time, many of those in favor of Skochilenko’sfreedom are pessimistic. For example, Vishnevsky himself tells the Bumaga media outlet that he “would be glad to be wrong” if the outcome of the case is still positive. Journalist Arseniy Vesninrecalled how he knew they would send Skochilenko to jail, even though he didn’t believe it.

A petition demanding the artist’s release also appeared on Change.org. At the time of writing, it has already been signed by over 130 thousand people.

A separate petition in support of Skochilenko was created by mental health activists and journalists. “Aleksandra is a person who has made a tremendous contribution to the fight against prejudice about mental disorders. In her Book of Depression, she explained and showed in simple language where the disease, which affects millions of Russians, comes from and how it is treated. It was one of the first Russian-language works to draw attention to an illness that affects more than 300 million people worldwide,” they stated.

Why Does the Memorial Center Recognize Aleksandra Skochilenko as a Political Prisoner?

Having reviewed documents of the case, the Human Rights Center Memorial has concluded that Aleksandra Skochilenko is a victim of political persecution.

The center asserts that the article about spreading knowingly false information about the actions of the Russian army (Article 207.3 of the Criminal Code) contradicts the Constitution of Russia, Russia’s international obligations, and the basic principles of law.

Article 19 of the International Covenant on Civil and Political Rights states that “everyone shall have the right to freedom of expression,” and restrictions on the exercise of these rights “shall be provided by law and shall be necessary: for respect of the rights and reputations of others; for the protection of national security or of public order, or of public health or morals.” The restrictions on freedom of expression established by Article 207.3 of the Criminal Code do not serve any of the above purposes and are a manifestation of censorship.

This article criminalizes any statements about the use of the Russian Armed Forces and the activities of its government agencies abroad. During an armed conflict, it is impossible to establish the truthfulness of information disseminated by various sources. It is also impossible to establish whether or not the information is known to be false. These defects determine the unlawful nature of Art. 207.3 of the RF Criminal Code.

The timing and context of the appearance of Art. 207.3 of the Russian Criminal Code — after the beginning of large-scale Russian military aggression against Ukraine — allow Memorial to argue that this article was specifically created as a tool for persecuting critics of the Russian authorities, of which Aleksandra Skochilenko is an example.

Finally, it is important to note the particularly cynical nature of the court’s decision to place Skochilenko in pretrial detention despite her vulnerable state of health. As a result, her friends and relatives are now trying to secure a special diet for her in the pretrial detention center. The denial of a gluten-free options directly threatens Skochilenko’s health, which could lead to serious complications for her, including cancer.

The independent human rights project Support for Political Prisoners. Memorial, which continues the work of the thematic Program of the liquidated by the state HRC Memorial, finds that the criminal case against Aleksandra Skochilenko is politically motivated, aimed at involuntary termination or change of character and intimidation of society as a whole. The government’s punitive efforts were carried out solely because of her non-violent exercise of freedom of expression and information, by which she intended to protect human rights and her beliefs.

Based on the above, Memorial considers Aleksandra Skochilenkoto be a political prisoner and calls for her release and for a review of her sentence with respect for the right to a fair trial.

“And there will be a dawn, too. The night, as we know, is darkest just before the sunrise.” The case of Vladimir Kara-Murza 

Jun 10 2022

Vladimir Kara-Murza has been illegally removed from political office, poisoned twice, and declared a “foreign agent” by the Russian state.  Despite all of these dire threats, he’s remained in Russia and continued to fight for democracy. On April 22, Kara-Murza was charged under Criminal Code Article 207.3 for spreading discrediting information about the Russian military and sent to prison. This is his story.

Who is Vladimir Kara-Murza?

Vladimir Kara-Murza, 40, is a prominent Russian activist, political opposition leader, senior advisor for human rights accountability, journalist, and historian. He served as a member of the Federal Council of the Political Party Union of Right Forces, a member of the Political Council of the All-Russian Democratic Movement “Solidarnost,” a member of the Bureau of the Political Party People’s Freedom Party, and Chairman of the Board of the Boris Nemtsov Foundation for Freedom. Kara-Murza is a longtime vocal critic of the Kremlin who held leadership roles in Open Russia and Free Russia Foundation, organizations that the Russian government has deemed “undesirable.” Kara-Murza also hosted a weekly program on the since-shuttered Echo of Moscow radio station and writes columns for The Washington Post.

Kara-Murza has directed three documentary films: They Chose Freedom, Nemtsov, and My Duty to Not Stay Silent. He is also the author of Reform or Revolution: The Quest for Responsible Government in the First Russian State Duma. He has received several awards, including the Sakharov Prize for Journalism as an Act of Conscience, the Magnitsky Human Rights Award, and the Geneva Summit Courage Award. He holds an M.A. (Cantab.) in History from Cambridge.

The effectiveness of Kara-Murza’s work can be clearly seen in his advocacy for the Sergei Magnitsky Rule of Law Accountability Act. This crucial document, adopted in the United States in 2012, allows for the imposition of sanctions on those responsible for “extrajudicial killings and other gross human rights violations.” It now includes those who, according to the U.S., were involved in the death of lawyer Sergei Magnitsky, who had uncovered a scheme to steal 5.4 billion rubles.

Kara-Murza was poisoned twice. In 2015, Kara-Murza suddenly felt unwell during a meeting with colleagues. Doctors diagnosed him with acute kidney failure due to poisoning. During an extended period of hospitalization, he was in an induced coma and on life support. Two years later, in February 2017, Kara-Murza was again hospitalized in a critical condition to a Moscow hospital with the same symptoms. Kara-Murza survived. As he later recounted, doctors estimated his chance of survival at about 5 percent.

After Alexei Navalny’s poisoning, Kara-Murza said in an interview that the symptoms described by Navalny were “exactly the same as the symptoms” that he himself experienced in both poisonings. An investigative effort published on February 11, 2021 by Bellingcat and The Insider teams discovered that FSB officers shadowed Kara-Murza on his travel. Their report found that a group of FSB officers implicated in the poisoning of politician Alexei Navalny and other prominent opposition leaders, made two attempts to poison Kara-Murza in 2015 and 2017.

He has pushed for a criminal investigation of his poisoning, but proceedings have not yet progressed.

It is believed that the two poisonings of Kara-Murza were revenge for the fact that he and Boris Nemtsov advocated in the U.S. (and later Canada and the European Union) to pass the Magnitsky Act.As a result of their work, sanctions were imposed throughout the Russian bureaucracy: on employees of the Federal Penitentiary Service (FSIN), the General Prosecutor’s Office, the Investigative Committee of Russia (IC), and judges. Later, the sanctions list was expanded to include the head of Chechnya, Ramzan Kadyrov; Andrei Lugovoi, a deputy who is suspected of poisoning Alexander Litvinenko in London; and other Russian politicians and officials.

Case Background

On April 11, 2022, Vladimir Kara-Murza was detained in the courtyard of his home in Moscow. According to the police report, he “disobeyed the lawful demand” of police officers. After his arrest, Kara-Murza was held overnight at the Khamovniki police station, where a report was drawn up under Article 19.3 of the Code of Administrative Offences of the Russian Federation (“disobedience to legal demands of police officers”). The police officers stated that they had put him under a “Fortress” plan while he was in the police station, and that his lawyer was not allowed to see him on that basis.

The police claim that they were on patrol and noticed that Vladimir Kara-Murza “at the sight of police officers behaved inadequately, changed the trajectory of movement, accelerated his step and on their demand to stop tried to escape.” They claim that ”when arrested he showed active resistance, refused to provide identity documents and to follow into the police vehicle.”

Kara-Murza claims that he arrived at his house by car, where an unmarked white minibus was already waiting for him. The officers of the 2nd Special Police Regiment ran up to the car and detained Vladimir Kara-Murza as he parked near his house. His phone was taken away from him immediately, in violation of the law, and he was not allowed to call his wife and inform her about his arrest until several hours later. He was then taken to the police station in a white van.

According to Kara-Murza, his arrest was filmed by two persons in civilian clothes.  

The Arrest and the Criminal Proceedings

On April 12, 2022, the Khamovniki District Court of Moscow found Kara-Murza guilty of disobedience to the lawful demands of the police and sentenced him to administrative arrest for 15 days.

On April 22, 2022, Vadim Prokhorov, Kara-Murza’s lawyer, announced that his client was facing charges under Art. 207.3 of the Criminal Code (“public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation”) and had already been taken from the special reception center to the main investigation department of the Russian Investigative Committee. Later, the Basmanny District Court of Moscow specified that the investigation petitioned for a measure of restraint in the form of detention, and that Kara-Murza was charged with paragraph “e” of Part 2, 207.3 of the Criminal Code (“public dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation for reasons of political hatred”).

According to Prokhorov, the basis for the criminal case against Kara-Murza was his March 15, 2022 address before the House of Representatives of the State of Arizona. Neither Kara-Murza’slawyers nor the defendant himself can explain why, out of a series of his public speeches in the United States, the IC has chosen to prosecute that particular one.

According to the ruling on the initiation of criminal proceedings, Kara-Murza “has knowingly spread false information under the guise of reliable reports, containing data on the use of the Russian Armed Forces to bomb residential areas, social infrastructure facilities, including maternity homes, hospitals and schools, as well as the use of other prohibited means and methods of warfare during a special military operation in Ukraine, thus causing substantial harm to the interests of the Russian Federation.”

The content of Kara-Murza’s March 15 speech is not much different from the Anti-War Committee’s first declarations`. It is, in fact, a brief critical analysis of the 23-year development of Vladimir Putin’s regime. The Basmanny Court emphasized the following statement made by Kara-Murza: “[…] today, the whole world sees what Putin’s regime is doing to Ukraine. It is dropping bombs on residential areas, on hospitals and schools […]. These are war crimes that were initiated by the dictatorial regime in the Kremlin.” Independent resources pointed out that the translation of the speech was not made by a professional interpreter, but by Danila Mikheev, who had done research as an expert on behalf of the IC in a number of other cases against opposition figures.

On the same day, April 22, the Basmanny District Court of Moscow remanded Kara-Murza in custody until June 12, 2022.The arrest has been now extended through August 2022. 

The investigators justified the request for Kara-Murza’s placement in custody by the fact that he has “informal ties” with the leaders of “unfriendly” countries, cooperates with “undesirable” organizations such as Free Russia Foundation, and has accounts in foreign banks. The investigators argued that if a more lenient preventive measure were chosen, Kara-Murza might obstruct the investigation. They also claim that Kara-Murza is a British citizen,is the owner of real estate in Washington, DC, and has a residence permit in the US, so he may abscond.

The defense argued that there was no evidence pointing to the elements of a crime and that there were no other legitimate grounds for imposing detention on Kara-Murza. The lawyers drew the court’s attention to the fact that the politician had children, including minors, and was permanently registered in Moscow. They explained that there was no evidence that Kara-Murza had real estate in Washington, accounts in foreign banks, or had worked for an undesirable organization. They also argued that the report substantiating the criminal nature of Kara-Murza’s speech had been prepared by a biased specialist.

The defense drew the court’s attention to the un-investigated poisonings of Kara-Murza in 2015 and 2017, the consequences of which would pose health risks for the politician in the detention center.

The defense counsel insisted on the political nature of the case and asked the court to refuse to put the politician in custody. The court was also presented with guarantees from deputies of the Moscow City Duma: Mikhail Timonov, Maxim Kruglov and Vladimir Ryzhkov.

Despite all arguments of the defense, the court agreed with the arguments of the investigation and put Vladimir Kara-Murza in custody until June 12, 2022.

The International Reaction

The arrest of Vladimir Kara-Murza provoked a flood of statements from politicians and human rights organizations around the world, as well as a barrage of comments on social media. The hashtag #FreeKaraMurza was used to tweet messages of support and demand a fair trial and the immediate release of the politician.

U.S. Secretary of State Antony Blinken tweeted the U.S. is “troubled” by Kara-Murza’s detention. He called for his immediate release.

In a statement, The Washington Post publisher Fred Ryan said Kara-Murza has “repeatedly risked his safety to tell the truth about Vladimir Putin’s heinous violations of human rights” and said the charges against him were for a “sham offense.” He added, “Americans should be infuriated by Putin’s escalating campaign to silence Kara-Murza. […] And everyone who values press freedom and human rights should be enraged by this injustice and join in demanding Kara-Murza’s immediate release.”

Twenty-five international human rights organizations called on UN Secretary General António Guterres and UN High Commissioner for Human Rights Michelle Bachelet to condemn the arrest and detention of Russian opposition politician and demand his immediate release along with all others detained and arrested for protesting against the war in Ukraine. A statement from human rights activists, including representatives from major organizations such as the United Nations Human Rights Watch and the Human Rights Foundation, declared that “[t]he accusations against Kara-Murza are false and aimed only at silencing dissent within Russia. They reflect the Putin regime’s fear of the truth.”

A number of leading advocates have condemned Kara-Murza’simprisonment. Among them is Michael Breen, President and CEO of Human Rights First: “We are deeply concerned for our friend Vladimir Kara-Murza’s personal safety, and we call on Russian authorities to release him immediately […]. Putin and his regime have shown themselves to be willing to break any law, domestic or international, to suppress political opposition at home and subjugate neighboring countries like Ukraine. We call on all of democracy’s allies to oppose criminal behavior like this to protect human rights in Russia, Ukraine, and around the world.”

A joint statement by Helsinki Commission Chairman Sen. Ben Cardin and co-chairman Rep. Steve Cohen, as well as ranking members Sen. Roger Wicker and Rep. Joe Wilson reads, ”Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.”

In a separate statement, Steve Cohen wrote that “Vladimir Kara-Murza is a political prisoner of Putin. He must be released immediately. Putin is afraid of Vladimir because he has a voice and speaks the truth to the Russian people about the kleptocrats who commit financial crime and their leader who is a murderer.”

“Vladimir has been taken hostage by the Putin regime for criticising the war. He’s a British citizen and the U.K. government should use all means to get him released,” writes Bill Browder, CEO Hermitage Capital, Head of Global Magnitsky Justice campaign.

On May 26, 2022, U.S. Senator Marco Rubio (R-FL) and colleagues applauded the Senate’s passage of their bipartisan resolution honoring Vladimir Kara-Murza and condemning his unjust detention. The resolution pays tribute to Kara-Murza’sadvocacy for human rights in Russia and support for the anti-war movement. It urges the U.S. and allied states to secure his immediate release and calls for the U.S. government to support the cause of democracy and human rights in Russia.

After Kara-Murza’s arrest, his wife Yvgenia Kara-Murza led a campaign for his release. She regularly gives interviews to the press and meets with politicians on both sides of the Atlantic to encourage the speedy release of her husband, describing her husband’s long history of resistance to Putin’s regime. On May 232022, she gave a speech at the Oslo Freedom Forum. She quoted her husband: “The other day a fellow prisoner asked if I wish I’d stayed silent [on the war]. ‘No’ was the easiest answer I’ve ever given. To stay silent means to be complicit.”

A large number of international media outlets, including The Washington Post, The Guardian, and National Review have published materials about and interviews with Kara-Murza. In addition, dozens of international politicians, U.S. senators, and even hundreds of ordinary people published posts on social networks with words of support and demands for the immediate release of Kara-Murza.

Why Does the Memorial Center Recognize Vladimir Kara-Murza as a Political Prisoner?

After studying the documents of the case, the Memorial Human Rights Center (Memorial) came to the conclusion that Vladimir Kara-Murza is a victim of political persecution as a result of his political activism.

A week after the Russian invasion of Ukraine began, on March 4, 2022, the Russian State Duma adopted emergency legislation to amend both the Code of Administrative Offences and the Criminal Code.

The corpus delicti of the crime under the new Article 207.3 of the Criminal Code is formulated as follows: “Public dissemination under the guise of reliable reports of knowingly false information containing data on the use of the Armed Forces of the Russian Federation to protect the interests of the Russian Federation and its citizens, to maintain international peace and security, as well as containing data on the performance by state bodies of the Russian Federation of their powers outside the territory of the Russian Federation for the above purposes.”

Memorial believes that this article contradicts both the Russian Constitution, the international obligations of the Russian Federation, and the basic principles of law.

According to Article 19 of the International Covenant on Civil and Political Rights, “Everyone shall have the right to hold opinions without interference [… and] shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Restrictions on the exercise of these rights “shall be established by law and be necessary: for respect of the rights and reputations of others; for the protection of national security, public order, public health or morals.”

Similar guarantees are contained in Article 29 of the Constitution of the Russian Federation, which protects freedom of thought and speech. Restrictions on these freedoms are related to the prohibition of propaganda or agitation that incites social, racial, national or religious hatred and enmity; propaganda of social, racial, national, religious or linguistic superiority; and state secrets.

The restrictions on freedom of expression set forth in Article 207.3 of the Criminal Code clearly do not serve the purpose for which such restrictions might be imposed.

In fact, the norms of Article 207.3 allow prosecution for expressing any opinions about the use of the Russian Armed Forces and the activities of its state bodies abroad. Judgments as to whether or not the actions mentioned in the article have the goals of “protecting the interests of the Russian Federation and its citizens and maintaining international peace and security” are, by their very nature, evaluative expressions of opinion.

But even with regard to information itself, for example, statements of fact under conditions of military operations or contradictory information from various sources, it is extremely difficult to judge veracity. Moreover, it is impossible to establish the knowingness, i.e. the intent to disseminate false information.

The aforementioned organic defects of Article 207.3 of the Criminal Code determine its non-legal nature, which does not allow its application in good faith.

Based on available evidence, the Independent Human Rights Project “Support for Political Prisoners. Memorial” believes that Article 207.3 of the Russian Criminal Code is anti-legal, was created to carry out political repression against critics of the authorities, and must be abolished. Any prosecutions under this article are unlawful and must be stopped. 

The facts cited by Kara-Murza and his defense and the videofootage of his detention indicate falsification of evidence of an administrative offense under Article 19.3 of the CAO. Kara-Murza arrived at the house in a car, where police officers were already waiting for him. The story about the police patrol noticing Kara-Murza changing his trajectory was fabricated by law enforcement. These fabrications once again confirm his pre-planned political persecution, which began with imprisonment on an administrative charge. 

The speed with which this criminal case has developed is an indirect indication of the political motivations involved in Kara-Murza’s persecution.

Following Russia’s attack on Ukraine on February 24, 2022, Kara-Murza, along with other politicians and public figures, created the Russian Anti-War Committee. One of the committee’s primary objects is to hold Russia’s political leadership accountable for unleashing the war.

The political motive for the prosecution is additionally confirmed by the inclusion of Kara-Murza on the list of “foreign agents.”The Russian Ministry of Justice did so on the same day that hewas arrested. 

The independent human rights project “Support for Political Prisoners. Memorial” continues the work of the Thematic Program of the RC, which had been liquidated by the state.Memorial, according to the international guidance on the definition of a political prisoner, finds that the criminal case against Vladimir Kara-Murza is politically motivated, aimed at involuntary termination or change of character of his public activities and intimidation of society as a whole. The consolidation and retention of power by subjects of authority wascarried out exclusively because of Kara-Murza’s non-violent activities aimed at protecting human rights and his convictions in connection with the non-violent exercise of freedom of expression and information.

Based on the above, Memorial considers Vladimir Kara-Murza to be a political prisoner and calls for his release and for a review of his sentence with respect for the right to a fair trial.

Ukrainian Journalist in Crimea Framed with a Grenade Plant, Arrested, Tortured and Sentenced to 6 Years in Prison. The Case of Vladislav Esipenko

May 09 2022

A journalist was sentenced to 6 years in prison and fined for “collecting information for the benefit of the Ukrainian intelligence services”, and during his arrest an explosive device was allegedly found in his car. The journalist himself does not admit guilt and asserts that law enforcement officers slipped a grenade into his car, and then tortured him with electricity and beat him. Here’s his story.

Who is Vladislav Esipenko?

Vladislav Esipenko was born on March 13, 1969, in Kryvyi Rih, Ukraine. He is married and has a young child. Before his detention, he worked as a freelance journalist for Radio Svoboda (the “Crimea.Realities” project). While he is a citizen of Ukraine, he also has a Russian passport as result of forced passportization of residents of annexed Crimea where Esipenko and his family lived from 2013 to 2015.

Case Background

According to the prosecution, Esipenko, who was planning a business trip to Crimea, agreed with an unknown person to purchase a hand grenade RGD-5. The grenade was placed in a hideout in the village of Pravda of Pervomaisky district of Crimea. On February 26, Esipenko supposedly took a grenade from the stash, and put it in his car. In Simferopol, he replaced the ring of the fuse and tied a nylon thread to it. The investigation claims that the explosive device was acquired by the journalist to ensure his personal safety while collecting information for “Crimea.Realities” media outlet.

On March 10, 2021, FSB officers stopped Esipenko’s car in Crimea and during search with a service dog “found” a grenade in his car. According to the FSB, Esipenko was questioned and then released under the obligation to come to the UFSB in the morning, which he did. Esipenko later said that on the night of 10-11 March he was forcefully held in a basement in Bakhchisarai and tortured.

The Arrest and the Criminal Case

On March 11, 2021, a criminal case was opened regarding the discovery of an explosive device. At the same time, Esipenko was officially detained. On that day, an interrigation was conducted in which the journalist supposedly told FSB officers about the location of the hideout. Witnesses from the FSB told the court that they brought the suspect to Pravda village from Simferopol; he himself says that he was brought directly from the basement in Bakhchisarai, and before the investigative action, they coached him on what place he should point to.

On March 12, 2021, the Kyiv District Court of Simferopol chaired by V.V. Krapko took Esipenko into custody.

On March 16, 2021, the decision to bring him as a defendant was made by the senior investigator of the investigative department of the FSS of Russia in the Republic of Crimea and the city of Sevastopol, Major of Justice V.O. Vlasov.

Initially, Esipenko pleaded guilty. The first testimony states that the journalist collected information in Crimea not only for his editorial office, but also for Viktor Kravchuk, “who introduced himself as an employee of the Ukrainian intelligence services (SBU).” It was Kravchuk, according to the testimony, who suggested that he acquires a grenade.

Esipenko was represented by an appointed lawyer, Violetta Sineglazova, who recommended that he plead guilty and, according to Esipenko, did not respond to claims of torture. As the Ukrainian newspaper “Grati” found out, on March 11, she was not a duty lawyer of the Crimean Bar Association and should not have been involved in the case.

On March 15 and 17, independent lawyers Emil Kurbedinov and Alexei Ladin were not allowed to meet with Esipenko. The staff of the pre-trial detention facility claimed that the journalist declined their services in writing.

On March 19, the TV channel “Krym.24” in its news program published an interview with the arrested journalist, entitled “Revelations of a spy: an exclusive interview of the TV channel “Krym 24” with the detained Ukrainian saboteur.” In the interview, Esipenko answers the interviewer’s questions in a monotonous voice, answering affirmatively to every question. According to his answers, he took the grenade from the stash, which was planted by the SBU. In addition, Esipenko said that as a freelancer for Radio Svoboda in Ukraine, he cooperated with the SBU, communicating with a certain Viktor Kravchuk there since 2017. His cooperation with the SBU included making copies to the SBU “via Google disk” of all the materials he filmed for Radio Svoboda. However, Yesipenko was never officially charged with espionage or sabotage. Esipenko was able to meet lawyer Mr. Ladin for the first time on April 6, 2021 in court as he appealed his arrest. At that time, he submitted a statement in which he said that FSB officers had planted a grenade in his car and then tortured and beaten him.

On March 23, outlet “Grati” published a report, citing a source in the pre-detention center of Simferopol, saying that Esipenko was tortured with electric shocks with connecting wires to his head. According to Esipenko, on April 12 and 13, an FSB officer approached him and threatened him with torture and death if he refused to confess. Esipenko claims that the officer was detective Denis Korovin, who was assigned to the criminal case. Subsequently, the Military Investigative Committee refused to initiate a criminal case in connection with Yesipenko’s statement about torture.

In July 2021, Judge Dilyaver Berberov of the Simferopol District Court commenced hearings on the case. On February 15, 2022, the representative of the state prosecution Elena Podolnaya asked to sentence Esipenko to 11 years in prison with a fine of 200 thousand rubles.

On February 16, the Simferopol district court sentenced the journalist to six years in a general regime penal colony and a fine of 110 thousand rubles. Judge Dilyaver Berberov found Esipenko guilty of possession (Article 222 of the Criminal Code) and manufacture of explosives (Part 1 Article 223.1 of the Criminal Code).

Why Does the Memorial Center Recognize Vladislav Esipenko as a Political Prisoner?

After studying the documents of the case, the Human Rights Center “Memorial” came to the conclusion that Vladislav Esipenko is a victim of political persecution, which is due to his professional activities.

The Center experts assert that possession of a grenade as a means of self-defense makes practically no sense: it can explode along with those from whom you are defending yourself. The likelihood that a journalist, who is aware of the specifics of repressions in annexed Crimea and drives a car with Ukrainian license plates, would risk carrying a prohibited item that cannot be used in almost any way, is extremely low.

Secondly, the testimonies of key witnesses during the trial contradict each other, and the grenade simply does not physically fit into the glove compartment of the car in which, according to the accusation, it was found. The trial gave serious grounds to believe that the testimony of the FSB operatives who searched Esipenko’s car and the witnesses who were present were false. Operative Grishchenko claimed that he himself found the grenade during the inspection of the car by opening the glove compartment, while dog handler Brodsky said that the smell of explosives was detected by the dog, after which he called the explosives expert.

Some witnesses claimed that the grenade was in the glove compartment, while others said that it was in a compartment under the steering wheel. The defense performed a forensic experiment, during which they showed that the grenade did not fit into the glove compartment of the model car Esipenko drove.

When the officers stopped Esipenko’s car, Elizaveta Pavlenko, in whose apartment Esipenko and his wife were staying in Crimea, was riding in the car with him. According to Pavlenko, FSB officers immediately put her in another car and took her home for a search, even before the grenade was discovered. This indirectly indicates that the operation to detain Esipenko was orchestrated. Had the operatives not known in advance what they would “find” in the car and how it would be presented in the case, they would have waited for the results of the car inspection and would have checked Pavlenko’s involvement in the storage, transportation and refinement of the grenade.

Thirdly, the officials’ claim that after the inspection of his car on March 10, 2022, Yesipenko was released on a pledge to appear, which he fulfilled, and that he was not detained until March 11, is considered by “Memorial” a cynical lie intended to cover up the evidence of torture: Yesipenko says he was tortured on the night of March 10-11. In Memorial’s view, the investigators barred the arrested journalist from meeting with independent lawyers for almost a month for the same purpose.

The political motivation of the persecution of Vladislav Esipenko is obvious. He is a journalist working for an independent media outlet that does not recognize the legitimacy of the annexation of Crimea. His arrest fits into the campaign against non-state journalism. Esipenko’s case is used to intimidate all those who disagree with the occupation and annexation of Crimea and discourage Ukrainian journalists from working on the peninsula.

The report on the “Krym.24” TV channel clearly shows the use of the case against Esipenko by propaganda. The viewers are told that the journalist is not really a professional reporter, but an accomplice of the Ukrainian intelligence services. Apparently, the official charge of carrying a grenade seemed petty to the propagandists, so initially Esipenko was forced to talk about himself as a spy. Later, the authorities simply “forgot” about “collecting information for the SBU,” because they had already achieved the desired effect by creating the image of a “spy and saboteur” in the pro-government media.

Based on the above, Memorial considers Vladislav Esipenko to be a political prisoner and calls for his release and for a review of his sentence with respect for the right to a fair trial.

25

Russia Jails Opposition on Fabricated Drug Charges: the Case of St. Petersburg Politician Maxim Reznik

Apr 05 2022

Maxim Reznik is a well-known St. Petersburg opposition politician. After he launched his 2021 election campaign, he was placed under house arrest on charges of marijuana possession. Prosecutors charge Mr. Reznik with possession of 18.2 grams of marijuana “for personal consumption.” They claim that Maxim, present during the search of an apartment owned by his distant relative Ivan Dorofeev, put two packs of gum on the table from his bag, in which the drug substance was later allegedly found.

Here’s his story.

Who is Maxim Reznik?

Mr. Reznik was born on September 13, 1974, in St. Petersburg (then Leningrad). He is a well-known non-partisan opposition deputy, a supporter of Alexei Navalny, and one of the harshest public critics of St. Petersburg Governor Alexander Beglov, Vladimir Putin’s protégé. In his public addresses at sessions of the city’s parliament, he frequently criticized the Kremlin’s decisions.

Reznik has been a member of the opposition “Yabloko” party since the mid-1990s, and from 2003 was head of its St. Petersburg branch. In 2012 Reznik left “Yabloko.” He himself linked his departure to a conflict with the party’s federal leadership. According to the party’s official version, he was expelled along with dozens of other St. Petersburg “Yabloko” supporters for “actual consent with fraud” in the December 2011 elections to the St. Petersburg legislature — that is, for helping the city authorities to get their deputies into the parliament.

For some time Reznik was a supporter of Mikhail Prokhorov’s Civic Platform, but left the association after its founder announced that he was leaving the party.

In 2016, Reznik was re-elected as a member of the St. Petersburg Legislative Assembly from the “Party of Growth.”

In September 2021, Reznik was going to run again for the St. Petersburg Legislative Assembly. In early June, he opened his campaign headquarters. The politician was planning to run in the 21st electoral district of the city.

Case Background

On March 9, 2021, a criminal case was initiated against the relative of Maxim Reznik, artist Ivan Dorofeev, under part 3 of article 30, paragraph “b” and part 3 of article 228.1 of the Criminal Code (attempt to illegal production, sale or sending of drugs).

The search in Dorofeev’s workshop was in progress when Reznik arrived there. During the search operatives found a grow box with plants similar to raw materials for drugs and two cans of chewing candy with banned substances.

On the basis of this search, on March 11, 2021, Nevskiy district court arrested Dorofeyev for two months. The investigation accused him of purchasing a plant-based drug (cannabis) “weighing more than 6 grams but less than 100 grams.” The prosecutors allege that Dorofeev stored it not for personal use, but with the purpose of subsequent sale.

Reznik himself believes that this pressure was applied against  Dorofeev to force a testimony. The deputy also claimed that law enforcement officers met with him and demanded that he publicly condemn the rallies in support of Alexei Navalny. Otherwise, they “promised to give the case a go.”

On April 2, 2021, Reznik was summoned for questioning in the drug case as a witness. The deputy said that the investigator “verbally explained” to him that the interrogation was connected with the fact that narcotic substances were found in the apartment where the deputy had been on March 9.

After that, the case began to develop rapidly.

The police detained Maxim Reznik on May 1, 2021, during a May Day march along the Nevsky Prospect, where he was leading a column carrying a banner reading “Petersburg vs. the “United Russia” Party.” The deputy was, however, almost immediately released.

On the same day, media outlets controlled by the St. Petersburg administration (including businessman Yevgeny Prigozhin’s media conglomerate, which is usually linked to the Kremlin’s many “dirty assignments”) reported on the May Day parade and concluded that the protesters themselves forced the police into detention. Similar posts appeared on several federal TV-channels. Every channel repeated the same thesis, almost verbatim: Maxim Reznik, “under cover of his deputy status,” framed his comrades-in-arms for the arrests.

An hour after the May Day procession ended, accusations of provocation were added to those of drug use. Yevgeny Prigozhin’s holding media outlets published a news story titled “Reznik was stoned at May Day parade in St. Petersburg” and spoke about the deputy’s “highly inadequate” behavior at the demonstration, again without specifying what it consisted of.

Overall, media outlets (both those belonging to Prigozhin’s holding and those not affiliated with him) published several hundred news items about the deputy. News items were taken out of thin air. The day after the May Day parade, the campaign to discredit the deputy went offline. On May 2, a picket was held in front of the St. Petersburg parliament with two people holding banners reading “Reznik, go smoke”. The editorial board of the Nevskie Novosti newspaper even devoted a round table to Reznik’s behavior under the title “Youth Drugs in Adult Politics.”

In the evening of May 11, 2021, Reznik’s wife, Ksenia Kazarina, said that her husband had had a heart attack and explained that it was “intense emotional pressure.” The deputy’s wife would not comment on the situation in more detail, citing the inviolability of private life. According to their publications, employees of the media outlets controlled by Yevgeny Prigozhin were on nightly duty at the house of Maxim Reznik’s mother, following his wife everywhere — even to the dentist.

The Arrest and the Criminal Case

On June 17, 2021, the police searched the apartment of Maxim Reznik as well as that of his mother and his summer house. After the search, the politician was detained, and the next day the Oktyabrsky District Court sentenced him to house arrest. On August 13, the same court extended his house arrest for another three months, and on October 27, another five months, until April 20, 2022.

The searches were conducted in the case of the purchase of marijuana without intent to sell — the deputy of the City Council allegedly bought 18.2 grams of marijuana “for personal consumption.” According to the investigation, Reznik in front of witnesses (but before the formal start of the search) put the drug substance from his bag on the table, and then, referring to the fact that he is a member of the Legislative Assembly, left the premises.

Maxim Reznik was charged under part 1 of article 228 of the Criminal Code of the Russian Federation (“Illegal acquisition, storage without intent to sell drugs in a significant amount”). He is under house arrest from June 18, 2021, and faces up to 3 years in prison. The deputy pleads not guilty.

“We associate the criminal case against Maxim Reznik with his harsh criticism of the “United Russia” party and personally Governor Alexander Beglov, as well as a statement about his participation in the elections to the Legislative Assembly of St. Petersburg,” said the deputy’s team.

The authorities viewed Reznik as a popular politician with a high chance of winning in a single-mandate district — this is what ultimately led to his detention, Grigory Golosov, a professor at the European University in St. Petersburg, said in a conversation with the BBC. “Apparently, at some point it was decided that he should not be represented in the city parliament,” the professor suggested. In his opinion, Reznik’s detention isn’t so much due to his direct support for Navalny, but rather to the general trend of cleansing the political field of those politicians “whose presence in the government seems undesirable.”

Why Does the Memorial Center Recognize Maxim Reznik as a Political Prisoner?

The Human Rights Center “Memorial” considers the St. Petersburg politician Maxim Reznik to be a political prisoner according to the international criteria. The Center suggests that prosecution of Reznik is aimed at involuntary cessation of his social and political opposition activities, while house arrest is conditioned by the aspiration of the authorities to eliminate the politician from the public space.

Persecution of Maxim Reznik is a part of the repressive campaign which the Russian authorities are launching against the independent politicians who are able to compete with the pro-governmental candidates in the 2021 Russian elections.

Having studied the materials of the case, the Human Rights Center has come to the conclusion that Maxim Reznik is a victim of political persecution, which is caused by his social and political activities.

“First of all, we have doubts about the objectivity of the witnesses for the prosecution. One of the main witnesses in the case is a former employee of the Interior Ministry, the second is his fellow. The rest are security officers, who searched Dorofeev’s apartment.

Secondly, there are signs of fabrication of evidence in the case. Thus, it is known that the cans, allegedly left by Reznik, were not opened during the search, but the investigator pointed out in his testimonies that one of them contained a vegetable substance with a specific odor. How the investigator was able to establish that before the examination, he could not explain. It should be noted that there is no unequivocal evidence that the narcotic substance belonged to Reznik. When and from whom the deputy allegedly purchased it, the investigation has not established.

Third, Reznik remained as a witness in Dorofeev’s case for more than three months and was arrested only when the election campaign started. Being in pre-trial detention all that time Dorofeev was under pressure to testify against Reznik and on the eve of the meeting on April 21, 2021, unknown people stopped the deputy in the street and demanded to “denounce” the action and threatened that in case of refusal he will be charged on “case on drugs” and get real imprisonment term.

Fourthly, Reznik was put under house arrest as soon as he was arrested, which effectively made it impossible for him to take part in the new election campaign. It is noteworthy that the very next day after the election, the court ruled that it was illegal not to let Reznik see a notary, which previously prevented the deputy from filing documents to the election commission on time, and also allowed him a two-hour walk, which he had been denied many times before.

Considering the mass persecution of opposition politicians prior to the Russian elections of various levels in 2021, we believe that the initiation of the criminal case against Reznik was not accidental.

Finally, we believe that possession of marijuana for personal consumption poses very little public danger. Putting a popular opposition politician under house arrest on such a charge seems not only completely disproportionate, but also seems clearly aimed at preventing him from participating in the election race,” reads the resolution of the Human Rights Center. Based on the above, Memorial considers Maxim Reznik to be a political prisoner and calls for his release and for a review of his sentence with respect for the right to a fair trial.