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“We will make sure your family suffers if you don’t confess”: The case of Artyom Zagrebelny

May 28 2021

Case Overview

On 7 November 2019, 27-year-old Artyom Zagrebelny was detained by three Federal Security Service (FSB) officers in the entrance hall of this apartment building. The officers attempted to detain Zagrebelny using physical force to search his apartment, but he resisted and sprayed pepper spray in the officers’ direction. The spray got into the eyes of two of them, and after a brief struggle, the officers finally detained Zagrebelny.

According to the investigation, Artyom Zagrebelny knowingly used violence against the two FSB officers on duty and deliberately pepper-sprayed them, ‘being dissatisfied that he was being detained and wishing to flee.’ The two officers testified in court that they told Zagrebelny they were from the FSB, and one of them showed his official ID. Based on the conclusions of forensic expertise, the court charged Zagrebelny based on Article 318, Part 2 of the Criminal Code of Russia (“Use of violence dangerous to life or health of a government official”).

The Description of the Events

However, according to Zagrebelny, he did not know they were FSB officers because they wore civilian clothes, did not introduce themselves, and did not show any ID. The officers simply forced Zagrebelny out of the elevator of his apartment building, after which he used pepper spray against them as self-defense. As soon as one of the officers shouted he was from the FSB, Zagrebelny immediately stopped resisting and using the pepper spray.

According to the human rights center Otkrytki, Zagrebelny shared that after he was detained, the officers put him in a car and beat him up: “They started asking questions like ‘you, pravosek [member of the Right Sector, a far-right Ukrainian nationalist party], came from Khokhlyandiya [a derogatory name for Ukraine], right?’ Then someone burst into the car and started kicking me in the back with their legs. Then they grabbed me by the neck and lifted me.”

After that, the officers interrogated Zagrebelny and demanded that he confess to trying to kill a government employee (Article 317, Part 2 of the Criminal Code), all while beating Zagrebelny up and threatening to rape his wife, Margarita. On November 10, 2019, Zagrebelny went to the doctor and was found to have multiple bruises all over his body and a broken rib.

Also, according to Zagrebelny, one of the FSB officers Aleksandr Akhmetov, came up to his wife and started forcing her to commit an administrative crime. “He told her to find the Third Reich’s symbolism on the Internet, post it in some group on social media and send it to the officer on WhatsApp so he could charge her for an administrative offense, fine her for 1,000 rubles, and let her free. She asked him why she would do that, and he said it was revenge for the pepper spray. Another officer told her earlier they would keep taking revenge on her in many different ways, including the “not-so-legal” ones. Later in the day, Akhmatov messaged her on WhatsApp, saying, ‘Margarita, are you forgetting something?’ I told her not to post anything.”

Current State of the Case

Zagrebelny is currently in prison. The Prosecutor’s Office was initially asking to give Zagrebelny nine years in prison. The court of the original jurisdiction gave him five years, and after the appeal on April 22, 2021, the sentence was reduced to three years and ten months.

Why has the Memorial Human Rights Center recognized Zagrebelny as a political prisoner?

Based on the case materials, Memorial has concluded that Artyom Zagrebelny did not exceed the limits of reasonable self-defense while using pepper spray on his attackers. It was not apparent to him that the men belonged to law enforcement agencies or that their actions were lawful.

CCTV footage from the entrance hall and the elevator in Zagrebelny’s apartment building confirm his version of the events. The footage clearly shows that none of the officers showed any ID or introduced themselves. It is also doubtful that the officers suffered any injuries. The examinations carried out the day after the incident found no evidence of any injury. However, they were established during subsequent tests carried out three weeks later. The context of Zagrebelny’s case is also essential. The day Zagrebelny was detained, the FSB officers went to his home on the minor matter of checking his correspondence on the VKontakte social media site for extremism. No criminal case was opened regarding the correspondence. As described above, once in detention, Zagrebelny and his wife were subjected to extreme intimidation (forcing to confess to a nonexistent crime arrest under threat of his wife getting raped). The Memorial Human Rights Center believes that this case is strictly politically motivated, and Artyom Zagrebelny is being held in prison illegally. The Memorial demands his immediate release.

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The Kremlin’s Political Prisoners: the “Sanitary” Case Background

May 21 2021

In March 2020, under the pretense of battling the coronavirus epidemic, federal and regional authorities of Russia adopted repressive legal norms and vague, potentially dangerous criminal articles that attack constitutional rights and freedoms. Unsurprisingly, in January 2021, the adoption of these repressive norms led to a political case. 

Case overview 

On January 23, 2021, mass protests supporting Alexey Navalny, fueled by horrendous police brutality, were held in 198 Russian cities and 95 cities abroad. The next day, the Investigative Committee of Russia opened a criminal case against ten opposition activists and politicians for calling people to a peaceful protest on January 23. The criminal charge is based on Article 236 of Part 1 of the Criminal Code of Russia (envisaging a prison sentence of up to 2 years), indicatingthe incitement to violate sanitary and epidemiological rules which, by negligence, entailed a mass illness or poisoning of people, or created a threat of the onset of such consequences.” 

According to the Memorial Human Rights Center, this criminal case is politically motivated and is related to the defendants’ political beliefs violating their right to freedom of expression and the right to protest. The persecution is carried out in violation of the right to a fair trial and aims to forcibly end opposition activities and intimidate Alexey Navalny’s supporters.

Illegally prosecuted case defendants 

While awaiting trial, the case defendants are either banned from performing specific actions or are held under house arrest. House arrest implies the inability to leave the house, communicate with certain people (often, the communication is limited to the relatives living in the same house), send and receive letters, and use the phone and the Internet. 

Maria Alyokhina – activist and member of a feminist music band “Pussy Riot”. She was previously recognized by the Memorial Human Rights Center as a political prisoner and already spent two years in prison. Alyokhina is once again a victim of the repressive system and has been under strict house arrest since January 29, 2021, as part of the “Sanitary” case. 

Nikolai Lyaskin – an oppositionist who was also recognized as a political prisoner by the Memorial Human Rights Center before. Just like Maria Alyokhina, he is once again a victim of the repressive system and has been under house arrest since January 29, 2021, as part of the “Sanitary” case. On April 26, the court allowed him to leave the house for 12 hours instead of the 2 hours permitted initially. 

Oleg Navalny – Alexey Navalny’s brother, another previously recognized political prisoner who already served a sentence of almost 4 years. On April 7, 2021, as part of the “Sanitary” case, he was released from house arrest but is still banned from leaving the house at night, communicating with other case defendants, and using mail and the Internet. 

Lyubov Sobol – opposition politician and the Anti-corruption Foundation’s lawyer who was put under house arrest on January 29, 2021. She was not allowed to go to church on Sundays or take her daughter to school. 40 NGOs appealed to the United Nations to release Lyubov Sobol, stating in a joint appeal that “Sobol has been condemned to total isolation under house arrest awaiting trial on two fake criminal charges. Her only crime was peacefully calling for a more fair, free, and democratic Russia. The arbitrary arrest and detention of Sobol are a blatant violation of human rights. She must be released immediately.” On April 7, 2021, she was released from house arrest but just like Oleg Navalny Sobol is still not allowed to leave the house after 8 PM, communicate with other defendants, write letters and use the Internet. 

Konstantinas Yankauskas – municipal deputy of the Zyuzino district in Moscow. He has now been recognized by the Memorial Human Rights Center as a political prisoner twice. He has been under house arrest for two months and was released on April 7, 2021, with a ban on performing specific actions along with Lyubov Sobol. 

Dmitriy Baranovskiy – municipal deputy of the Northern Izmailovo district in Moscow, was arrested on February 1, 2021, and has been under house arrest ever since.

Anastasiya Vasilyeva – an ophthalmologist, leader of the independent labor union “Alliance of Doctors,” has spent a month under house arrest and was released on April 7, 2021, but is still banned from leaving the house at night. 

Lyudmila (Lyusya) Shtein – municipal deputy of the Basmanny district in Moscow. She has been under house arrest for two months and was released on April 7, 2021, but along with other case defendants, she is also not allowed to perform specific actions. 

Oleg Stepanov – the former coordinator of Alexey Navalny’s Headquarters in Moscow, was arrested on January 29, 2021, and has been under house arrest ever since. 

Kira Yarmysh – Alexey Navalny’s press secretary, has been under strict house arrest since January 29, 2021. As mentioned above, on April 7, 2021, the court released a few case defendants from house arrest but refused to release Kira Yarmysh. 

Six reasons why the Memorial Human Rights Center considers 10 case defendants political prisoners 

1. The restrictive measures taken to combat the spread of the coronavirus are not sufficient grounds to unconditionally ban public events and grossly violate the right to freedom of assembly, enshrined in Art. 31 of the Constitution of the Russian Federation. 

2. Almost all restrictions on cultural and entertainment events in Moscow were lifted before the protests. 

3. The case defendants did not know and could not know if people who were on self-isolation would respond to their calls to protest on social media. 

4. The defendants’ actions do not constitute corpus delicti as they should not be held responsible for the irresponsible behavior of others. 

5. There is no conclusive evidence that public events, carried out with the necessary precautions in the open air, can seriously increase the spread of coronavirus infection compared to attending cultural and recreational events or using public transport. 

6. Prosecuting thousands of peaceful protesters based on the violation of sanitary and epidemiological restrictions is especially cynical given that the protesters were being transported in cramped police vans, held in police departments and special detention centers in conditions that are much more conducive to the further spread of the disease.

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The Kremlin’s Political Prisoners: The Case of Ivan Lyubshin

Sep 04 2020

The Memorial Human Rights Center recognized Ivan Lyubshin, a resident of Kaluga, as a political prisoner. The criminal case against him should be closed, he should be immediately released, and his allegations of torture should be objectively investigated.

More
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The Kremlin’s Political Prisoners: The Case of Airat Dilmukhametov

Aug 28 2020

Case Update:

Despite of the obvious political motivation of the criminal charges against Airat, on August 24, 2020, the Central District Military Court sentenced Airat Dilmukhametov to 9 years in a strict regime colony. He was found guilty on four counts: public calls for separatism, public justification of terrorism, public calls for extremism and its financing. More

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The Kremlin’s Political Prisoners: The Case of Oleksandr Marchenko

Aug 14 2020

The Memorial Human Rights Centre, in accordance with international guidelines, recognized Oleksandr Marchenko as a political prisoner. More

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