Tag Archives: Ukraine

Things are heating up on the Ukrainian border right now. To the casual observer, it might look like a repeat of what we saw in 2014. In fact, what we are seeing in 2021 is the exact opposite of 2014, and something far more sinister is afoot.

2014’s attack on Ukraine was a rude awakening for everyone — for Ukraine itself, for Russian society, and for the West. Putin managed to leverage the element of surprise and achieve victory in Crimea. In Donbass, things were not so easy — in part because Ukraine had begun to resist and had time to repel attacks of the Russian-backed separatists.

In 2021, the landscape has turned upside down. Today, no one questions whether Putin is capable of aggression. That reputation for treacherous opportunism has become his trump card in geopolitical games. By all accounts, Putin is convinced that the West will blink first and make concessions, no matter what. This belief lies beneath his increasingly aggressive rhetoric and conspicuous concentration of troops along the Ukrainian border.

While military hostilities could break out at any moment, starting a war is not Putin’s real goal. War, after all, is unpredictable. The Crimean adventure was a success for Putin precisely because it was quick, bloodless, and victorious. If his next war becomes protracted and bloody, Putin will face serious problems with his own nuclear electorate, as well as his elites who would never forgive him for the defeat, and possibly would go even further and attempt to oust him in retribution.

Putin’s goal is not to start a conflict. Instead, he aims to achieve his goals by scaring the Western elites with the very prospect of war. In an extraordinary situation, no doubt, he would be prepared to fight, but only with Ukraine, and only with guarantees that Ukraine would receive no meaningful assistance from the outside. Putin can afford only victory, and he will shy away from any hostilities if failure is in the realm of possibilities.

So, what does Putin really want from Ukraine? Let’s start with the basics: due to a variety of circumstances, Crimea, annexed by Russia, is suffering from water shortages. Prior to the occupation, mainland Ukraine supplied the peninsula with water. In part, Putin’s current theatrics may be aimed at forcing Ukraine to resume supplying Crimea with water. This could easily be “sold” to the Western public as a humanitarian mandate without forcing Putin to renegotiate any key issues. Naturally, to the Russian audiences, it would be presented as a major victory for Putin, and to a large extent, it would be — the water issue would have been resolved, and Ukraine would have made concessions, including indirect recognition of the new Crimean status.

The water issue is just one part of the larger problem. Putin does not need Ukraine as much as he needs to legalize the annexation of Crimea. There are two ways for him to do this. First, he could strongarm the West to start suggesting to Ukraine that it better accept Crimea as part of Russia. Alternatively, he could try to pressure the Ukrainian government directly to recognize Russian sovereignty over Crimea, which would immediately render any Western sanctions moot.

Despite the fact that Russia has dedicated considerable efforts on shaping the public opinion in Western countries, it is Ukraine that the Kremlin views as the weak link — and rightly so. In its current state, the Ukrainian government is unwilling to recognize Crimea as part of Russia, just as it is unwilling to acquiesce to being within the Russian sphere of influence. This means that Russia would need to bring down the current Ukrainian government, and then negotiate with its new authorities on more favorable terms. In this sense, the Kremlin may view the threat of war, and military operations in particular, as a pragmatic attempt to resolve this matter.

But in addition to these goals, there is another, far more sinister and far-reaching goal behind the current escalations. Putin wants the West, and specifically the United States, to recognize him not only as an equal player on the world stage, but also as that free to do whatever he pleases both within Russia and any countries that he considers within its sphere of influence.

In Putin’s dream world, the West would not only stop asking him uncomfortable questions about his repressions on the political opposition or the state of human rights inside Russia but would also actively muzzle his critics around the world, so as not to provoke the dangerous tyrant in the Kremlin who is ready for war at any moment. He clearly views Ukraine and other countries bordering Russia, particularly those that were once republics of the former USSR, as those belonging to Russia’s zone of influence, where no change of government should take place without the approval of the Kremlin. That is why his antics are not just about Ukraine. Unfortunately for Ukraine, it has been used as a convenient testing ground for Putin’s techniques for pressuring the West and intimidating Western political elites with his audacity and willingness to trample on all principles of contemporary international politics.

All of this aside, we can’t lose sight of the fact that Putin’s main goal has always been holding onto power in Russia. People’s lives, the future of entire countries and nations, including that of Russia itself, only concern him in the context of achieving that goal. Just as annexing Crimea in 2014 helped Putin rebrand his regime domestically, becoming significantly more brutal, current situation with Ukraine is likely to lead to similar outcome — Putin’s regime in Russia will become more ruthless, punishing anyone who dares resist him.

For this reason, as tensions rise along the Ukrainian border, the level of police terror is also growing inside Russia. The leader of the Russian opposition, Alexey Navalny, is being held illegally in prison with the treatment amounting to torture, and all critics of the regime are subjected to brutal reprisals. The Kremlin propaganda portraits anyone dissatisfied with the Putin regime as a Western agent, and the authorities have proposed prosecuting them “under wartime laws”.

Putin’s adventurism abroad may indeed lead to war in the near future. Even if we dodge a bullet this time, Western elites need to understand that as long as Putin is Russia’s leader, global tensions will continue to grow, and any concessions made to him will be interpreted as proof that he has chosen the right strategy.

On January 14, 2021, the European Court of Human Rights published its decision on the case “Ukraine v. Russia”. The Grand Chamber of the Court has recognized complaints No. 20958/14 and No. 38334/18 as partially admissible for consideration on the merits. The decision will be followed by a judgment at a later date.

The case concerns the consideration of a violation of the European Convention on Human Rights related to Russia’s systematic administrative practices in Crimea. 

The admissibility of the case is based on the fact that, since 2014, the Russian Federation has exercised effective control over the territory of Crimea, and, accordingly, is fully responsible for compliance with the norms of the European Convention on Human Rights in Crimea. The Court now needs to determine the specific circumstances of the case and establish the facts regarding violations of Articles of the Convention during two periods: from February 27, 2014 to March 18, 2014 (the period of the Russian invasion); and from March 18, 2014 onward (the period during which the Russian Federation has exercised effective control over Crimea).

The Court has established that prima facie it has sufficient evidence of systematic administrative practice concerning the following circumstances:

  • forced rendition and the lack of an effective investigation into such a practice under Article 2; 
  • cruel treatment and unlawful detention under Articles 3 and 5; 
  • extending application of Russian law into Crimea with the result that, as of  February 27, 2014, the courts in Crimea could not be considered to have been “established by law” as defined by Article 6; 
  • automatic imposition of Russian citizenship and unreasonable searches of private dwellings under Article 8; 
  • harassment and intimidation of religious leaders not conforming to the Russian Orthodox faith, arbitrary raids of places of worship and confiscation of religious property under Article 9;
  • suppression of non-Russian media under Article 10; 
  • prohibition of public gatherings and manifestations of support, as well as intimidation and arbitrary detention of organizers of demonstrations under Article 11; 
  • expropriation without compensation of property from civilians and private enterprises under Article 1 of Protocol No. 1;
  • suppression of the Ukrainian language in schools and harassment of Ukrainian-speaking children under Article 2 of Protocol No. 1; 6 
  • restricting freedom of movement between Crimea and mainland Ukraine, resulting from the de facto transformation (by Russia) of the administrative delimitation into a border (between Russia and Ukraine) under Article 2 of Protocol No. 4; and, 
  • discriminating against Crimean Tatars under Article 14, taken in conjunction with Articles 8, 9, 10 and 11 of the Convention and with Article 2 of Protocol No. 4 to the Convention.

Cases between states are the rarest category considered by the ECHR. Almost all cases considered in Strasbourg concern individuals or organizations and involve illegal actions or inaction of the states’ parties to the Convention. However, Art. 33 of this Convention provides that “any High Contracting Party may refer to the Court the question of any alleged violation of the provisions of the Convention and its Protocols by another High Contracting Party.” In the entire history of the ECHR since 1953, there have been only 27 such cases. Two of them are joint cases against Russia, both of which concern the Russian Federation’s aggression on the territory of its neighboring states, Georgia and Ukraine.

On December 11, 2020, Prosecutor of the International Criminal Court (ICC) Fatou Bensouda, issued a statement on the preliminary examination of the situation in Ukraine by the ICC Office of the Prosecutor.

According to the findings of the examination, the situation in Ukraine meets the statutory criteria to launch an investigation. The preliminary examination of the situation in Ukraine was opened on 24 April 2014.

Specifically, and without prejudice to any other crimes which may be identified during the course of an investigation, Office of the Prosecutor has concluded that there is a reasonable basis at this time to believe that a broad range of conduct constituting war crimes and crimes against humanity within the jurisdiction of the Court have been committed in the context of the situation in Ukraine.

These findings will be spelled out in more detail in the annual Report on Preliminary Examination Activities issued by the Office and include three broad clusters of victimization:

1.     crimes committed in the context of the conduct of hostilities;

2.     crimes committed during detentions;

3.     crimes committed in Crimea.

These crimes, committed by the different parties to the conflict, were sufficiently grave to warrant investigation by Office of the Prosecutor, both in quantitative and qualitative terms.

Having examined the information available, the Prosecutor concluded that the competent authorities in Ukraine and/or in the Russian Federation are either inactive in relation to the alleged perpetrators, or do not have access to them.

The next step will be to request authorization from the Judges of the Pre-Trial Chamber of the Court to open investigations.

The Prosecutor urges the international community, including the governments of Ukraine and Russia, to cooperate. This will determine how justice will be served both on domestic and the international level.

We remind you that on September 21, 2020, Free Russia Foundation sent a special Communication to the Prosecutor of the International Criminal Court (the Hague, the Netherlands) asking to bring Crimean and Russian authorities to justice for international crimes committed during the Russian occupation of Crimea.

Comment by Scott Martin (Global Rights Compliance LLP):

As Prosecutor Fatou Bensouda reaches the end of her tenure as Chief Prosecutor of the International Criminal Court, she announced yesterday that a reasonable basis existed to believe that a broad range of conduct constituting war crimes and crimes against humanity had been committed in relation to the situation in Ukraine. One of the most consequential preliminary examinations in the court’s short history, the Prosecutor will now request authorization from the ICC Pre-Trial Chamber to open a full investigation into the situation.

Anticipating that the Prosecutor’s request will be granted, the ICC Prosecutor’s office will be investigating the second group of alleged war crimes and crimes against humanity perpetrated by the Russian Federation (the situation in Georgia being the other). This would make Russia the only country in the world facing two separate investigations at the ICC for crimes under its jurisdiction.

The Memorial Human Rights Centre, in accordance with international guidelines, recognized Oleksandr Marchenko as a political prisoner. Continue reading The Kremlin’s Political Prisoners: The Case of Oleksandr Marchenko

On October 2, 2019, Nariman Memedeminov, a dual citizen of Ukraine and of the Russian Federation, a resident of Crimea, activist of the Crimean Solidarity movement, and a citizen journalist, was sentenced to two years and six months in a penal colony and banned from administering websites for two years in accordance with Part 1 of Article 205.2 of the Criminal Code (“Public calls for terrorist activities”).

In 2013, Mededeminov published videos of events hosted by the Hizb ut-Tahrir al-Islami (an organization that was legally operating in Ukraine but banned in the Russian Federation) on his YouTube channel. Continue reading The Kremlin’s Political Prisoners: The Case of Nariman Memedeminov

The coronavirus pandemic has continued to have an effect on numerous aspects of our lives. A large number of NGOs have also been affected by it.  A significant number of processes have gone online – seminars, conferences and presentations have been cancelled, postponed, or reformatted taking into account the new realities. A number of NGOs were practically forced to cease their work; others, on the contrary, successfully learned or developed new technological approaches and continued their activity in new formats.

Many NGOs are successfully overcoming technical difficulties and the pause in travel. Some of them are beginning to work with new topics – for example, human rights under pandemic conditions or the NGO’s digital transition. Changes in approaches to strategy, planning and communications are being discussed actively.  All this has yet to be comprehended in detail, so this study is intended to provide a preliminary overview of the current state and possible topics for future research.

More than 100 NGO representatives were interviewed in the process of this research both through surveys (a survey with 27 questions and more than 100 options for answers), as well as through interviews of leaders and representatives of NGOs (10 questions in each). More than 50 publications were monitored devoted to the problems NGOs faced in the pandemic. Thus, the methods of monitoring, survey and expert interviews were used. NGOs from Germany, Czech Republic, Lithuania, the USA, Russia (more than 30%), Ukraine and Kazakhstan took part in the research.

In accordance with international guidelines defining the term, Memorial Human Rights Center considers Aleksandr Atamanov, a resident of Pyatigorsk, a political prisoner. Aleksandr was charged with recruiting people into the Ukrainian Right Sector and possessing drugs. The guilt of Aleksandr Atamanov has not been proved and key pieces of evidence in the case were fabricated. Aleksand repeatedly said that violence was used against him in pre-trial custody and threats were made against his relatives. Continue reading The Kremlin’s Political Prisoners: The Case of Aleksandr Atamanov

On June 2, 2020, Free Russia Foundation hosted a congressional discussion on the Fate of Crimean Tatars in the Aftermath of the Russian Invasion of Ukraine. Continue reading The Fate of Crimean Tatars in the Aftermath of the Russian Invasion of Ukraine

The Memorial Human Rights Center has recognized a Russian citizen Vladimir Domnin as a political prisoner. He was accused of having fought in Donbass region on Ukrainian side. We believe that Vladimir was in the war zone for a short time, but did not directly participate in war actions and does not pose danger to the society. Continue reading The Kremlin’s Political Prisoners: The Case of Vladimir Domnin

In 2019, Russia regained its status in the Parliamentary Assembly of the Council of Europe. This event caused many fears and sowed the seeds of doubt in the minds of observers and analysts. The team of the Free Russia Foundation reviewed the development of this challenging situation.

Continue reading The Overview of Relationships of Council of Europe and Russia

On December 11, Free Russia House held a discussion, “Kremlin hostages: Victories, difficulties, new challenges” as part of the 4th human rights non-conference organized in Kyiv. The discussion was joined by Ilya Novikov, a lawyer to a number of Ukrainian political prisoners, and Igor Kotelyanets, head of the Association of Relatives of Political Prisoners.

Participants discussed multiple aspects of further tactics for the public campaign dedicated to the release of Ukrainian political prisoners still kept behind bars after the big exchange that happened in September. Special attention was drawn to the Normandy format meeting held in Paris on December 9, attended by Angela Merkel, Emmanuel Macron, Volodymyr Zelensky and Vladimir Putin.

Igor Kotelyanets plays a leading role in the informal association of the relatives of Ukrainian citizens persecuted in Russia and Crimea on political grounds. He is a cousin of one of the political prisoners who was lucky to be released during the autumn big exchange. He also cooperates closely with the Ukrainian government, speaks on international political platforms, and actively lobbies for legal amendments to Ukrainian laws related to the political persecution of Ukrainians in Russia. According to various estimates, there are from 90 to 114 Ukrainian political prisoners on the lists of human rights organizations and the Office of the Ukrainian Ombudsman for Human Rights. As well as many others, Igor was attentively following the news after the Normandy meeting, as he knew that agreements on the new exchange were already in place.

At the Normandy meeting it was announced that an agreement had been reached on the exchange of “all for all.” Even though this wording sounds very promising, in fact it brings a lot of uncertainty as everyone understands it in a different manner. Several hours later, at a briefing by Vladimir Zelensky with the Ukrainian media, it finally became clear that the “all for all” format actually implied war hostages in the Donbass region, leaving political prisoners out of the equation. “I have no doubt that Zelensky passed the complete lists, including both prisoners of war and political prisoners. Therefore, we can probably conclude that it was Russia who did not agree to the exchange of truly ‘all to all.’ The release of political prisoners in the Crimea and the Russian Federation will, apparently, be the subject of discussion at the further Normandy meetings,” Igor Kotelyanets concludes sadly.

Ilya Novikov, the lawyers of Nadia Savchenko, Ukrainian sailors brutally detained in the Azov sea and other Ukrainian prisoners, believe that the situation will not change before the end of the year, even though there were rumors after September that a second wave of prisoners’ release would have been launched before 2020. “Putin,” says Novikov, “understands this ‘exchange fund’ as a tool for strengthening his position in the negotiations. And here arises the following logical question. Notwithstanding the monumental effort Ukraine makes to free its citizens from Russian prisons, is it even possible that the country can achieve results on its own without external help or Western assistance in the person of Angela Merkel, Emmanuel Macron or even Trump is an indispensable prerequisite?”

An illustrative case in this regard happened a couple of years ago and involved Norway. On December 5, 2017, a Norwegian citizen, Frode Berg, was arrested in Moscow on suspicion of espionage and Novikov was hired to represent him before the court. From the very beginning it was clear that Berg would be convicted, as no single case of free pardon happened in Russia under this article since 2000. Thus, from the very first day, the Norwegian government, for which it was the first shocking case of such a nature, took this matter as seriously as possible. The Lithuanian side was involved in the process, as Norway did not have its own “exchange fund”. Lithuania gave Russia two Russian agents, and in return received two Lithuanian citizens and Mr. Berg. In order to make this exchange possible, Lithuania had to amend the legislation on the pardon procedure. Russia attempted to force Americans, through the Norwegians, to organize the release of Viсtor Bout. His return is idée fixe for Russia, but the Americans uncompromisingly responded, “It’s out of option.”

In the end, the trigger for the release of Mr. Berg was an accidental combination of circumstances which was helpful only against the background of long preliminary preparations by Norway and Lithuania. On October 24, 2019, Russian Minister of Foreign Affairs Sergey Lavrov arrived in the hometown of Mr. Berg – Kirkenes – on the occasion of the 75th anniversary from the date of the liberation of northern Norway by Soviet troops from the Nazis. The celebration was attended, among others, by the King of Norway. Appropriate location, together with the presence of high-ranking state officials and public pressure, preceded by long negotiations and legislative changes, lead to the successful release of Frode Berg.

Apart from minor disagreements in the Barents Sea regarding fisheries, Norway does not have any other serious conflicts with Russia. The Berg case was nothing compared to the Ukrainian situation. But even against this background, the release of one person required two years of hard work, involvement of a third party and changes in the legislation, and yet the result was uncertain until the very end. The only dubious advantage for Ukraine in comparison with Norway is that Ukraine has a considerable “exchange fund.” But for Russia, Russian citizens have no value.

There were only two persons important to the Putin administration – Vyshinsky and Tsemakh. Negotiations on the September exchange got off the ground when the question about Vyshinsky was finally raised. Before that moment, the situation dragged on for the previous three years without any progress.

It’s been seven long months since a group of Ukrainian sailors was illegally captured by the Russian government.  The international campaign demanding their immediate release is growing, spreading to new countries. Even in Moscow, where group protests are prosecuted, series of “one-person picketing” has been taking place in front of the Presidential Administration demanding to release the sailors or exchange “all for all” (i.e. all Ukrainian political prisoners held in Russia for Russian citizens held in Ukraine).

The International Tribunal for the Law of the Sea has ruled that Russia must return to Ukraine the three military vessels and 24 sailors captured in the Kerch Straight. June 25, 2019 was the deadline for complying with this ruling. In accordance with the Law of the Sea Convention, all military vessels and their personnel have immunity, they cannot be brought before court, imprisoned, and are not subject to foreign jurisdictions. However, the Kremlin has demonstratively ignored the U.N. Law of the Sea Convention adopted in 1982, as well as the ruling of the International Tribunal for the Law of the Sea.

Instead of a quick release of the Ukrainian sailors in the immediate aftermath of Kerch Straight incident, having held them in illegal captivity for seven months, now the Kremlin has started bringing criminal charges against them. Nikolay Polozov, one of the lawyers representing the Ukrainian sailors reports that the persecution has communicated an intention to formulate final charges by July 9.

Why is the Kremlin so brazen in escalating the Kerch Straight standoff? The answer is quite clear — with the objective to establish a full unilateral control over the Sea of Azov and the Black Sea.

The Kremlin has blocked the renegotiation of fishing quotas for the Sea of Azov. The Russian FSB and the National Guard have been taking Ukrainian fishermen as prisoners. The Russian government, without any legal merit, pressures other countries for transit permits; demands that Russian maritime pilots are included in international court proceedings.

Russia’s ongoing military operation in Syria provides an additional context for these developments. Sevastopol plays a critical role in military resupply to the Mediterranean. This, in turn, is intensifying the process of militarization of the entire Crimean Peninsula.

At the same time, Russian military aircraft and maritime vessels are engaging in provocative military maneuvers far from the Russian border with an ever-increasing frequency, threatening sea lines of communication.  The two most recent episodes took place in early June 2019: Russian destroyer Admiral Vinogradov conducted a threatening maneuver against a vessel from the U.S. 7th Fleet in the Philippine Sea; and a Russian SU-35 jet conducted an intercept of a U.S. Navy aircraft over the Mediterranean Sea.

In their public statements, the Kremlin officials stress their readiness to cooperate with international institutions; express readiness to comply the legal norms and compel others to do the same. However, the situation with Ukrainian military sailors, ignoring of the laws of the sea and the ruling of the Hamburg court show that Moscow is acting in such as manner as if it were bent on uprooting the entire international order established after the World War II.

This double game is not compatible with the high status accorded to Russia through its permanent membership on the U.N. Security Council.

Against this backdrop, the fight over the release of Ukrainian sailors – are important de-escalation measures, and their outcome have profound ramifications for all of the G20 members states.

Ukraine is pressing not only for the release of its sailors, but also for giving the Kerch Straight the status of international waters. In Kiev’s view, this move will mitigate the risk of further clashes.

It is high time to call a UN Security Council session to adopt a special resolution compelling Russia to comply with the ruling of the International Court. It is also critical to consider introducing limitations against the seabed infrastructure of Russian pipelines, the ports of Azov, as well as against entities who facilitate certification of foreign vessels with their subsequent registration under the Russian Federation flag and offer services to foreign operators to establish lines of communications with the closed ports of Crimea in violation of sanctions.

Article 60 of the Vienna Convention of 1969 as well as Article 51 of the U.N. Charter establish the legal basis for Ukraine to suspend or completely withdraw from the 2003 Russo-Ukrainian Agreement, establish a 24-mile adjacent zone and claim the width of its territorial waters as well as continental shelf territories. If this takes place, the Azov Sea beyond the territorial waters will become international, and the Kerch Straight, in accordance to the Part 3 of the UN Convention on the Law of the Sea will acquire the status of a straight used for international communications.

If Moscow moves ahead with military proceedings against Ukrainian military sailors in direct violation of international norms, all European offices of Russian Maritime Register of Shipping and Russian River Register of Shipping must be shut down; and advisory must be issued to European vessel owners, operators and insurers to avoid cooperation with the Russian Registers for purposes of maritime activities.

We must not forget that Russia has illegally ceased Ukrainian vessels Petro Godovanets, Ukraine, Centaur, Sivash, Fyodor Uryupin and is now exploiting them  The UN International Maritime Organization (IMO)  should not ignore these demonstrative and gross violations of the international law by Russia. These pirate tactics are incompatible with Russia’s high status at the IMO Council. Ukraine, in its turn, should consider demanding stripping Russia of this status.

International organizations in charge of enforcing maritime laws must force Russia to release Ukrainian military sailors, stop its pirating activities vis-à-vis civilian vessels and prevent further Moscow’s advances aiming to close off the Sea of Azov.

This Article first appeared in Russian at the Дом Свободной России

Oleg Sentsov, a Ukrainian filmmaker imprisoned by Russian forces in 2014, is on the verge of death. More than one hundred days ago, he began a hunger strike to demand that Russian President Vladimir Putin free sixty-four Ukrainian political prisoners being held in Russia.  Since then, Sentsov has lost almost 70 pounds and suffered cardiac complications. In early August, he confided to his lawyer that “the end was near” and this week he told his cousin that his limbs are going numb. Unless the international community takes urgent action, his uncompromising commitment to freedom will soon kill him.

Policy makers and human rights activists face an all-too-common decision: Do we raise our voices loudly and in unison now, when it can potentially spare one life, or honor yet another opponent of tyranny with a street name following his death? We’ve got enough streets named after dead democrats and courageous freedom fighters. Let’s make an uproar now if only to say we shed a light on those unfairly held in Russia’s modern gulag.

Sentsov’s trouble began soon after Russia illegally annexed Crimea. He was arrested on May 10, 2014, by Russian FSB security forces for peacefully protesting the illegal Russian takeover of Crimea. From his home in the Crimean city of Simferopol, he was jailed and held incommunicado for three weeks. During this time, prison authorities physically abused him, including by suffocation, and threatened him with torture, rape, and murder in an attempt to get him to “confess” to terrorism.  The Russian authorities proceeded to strip him of his Ukrainian citizenship—a blatant violation of international law—and tried him in a military tribunal in Moscow as a Russian citizen. Despite a lack of evidence—including from the main witness against him who retracted his testimony after admitting it had been made under torture—Sentsov was convicted of terrorism and sentenced to twenty years in prison.

​Sentsov’s case is far from unique. Convicting political opponents on manufactured charges and bogus evidence is one of the hallmarks of Putin’s regime, and there are more than 183 political opponents currently imprisoned in Russia. In an attempt to wear them down, they are regularly subjected to torture; inhumane transport, including month-long transits in cramped trains with little access to water and sanitation; and imprisonment in “gulag-like” prison colonies.

​So far, Putin has managed to repress dissent, and Sentsov’s ongoing struggle is an attempt to change this. Sentsov hopes to force Putin to answer for the numerous Ukrainian activists he has imprisoned. Selflessly, Sentsov has not even demanded his own release; rather, he will only end the hunger strike if all other Ukrainian political prisoners are released, and he is willing to obtain his own freedom through death should Putin choose to ignore his demands.

​Unfortunately, Putin appears ready to let Sentsov die. Perhaps Sentsov’s case is a matter of pride. As a Ukrainian prisoner from Crimea, releasing Sentsov to the Ukrainian authorities might undermine Russia’s claim over Crimea. Or perhaps Putin simply wants to show the world that nothing, not even the death of an innocent man, can make him change.

Whatever the case, we must not let Putin have his way. It is time for the international community to stand in solidarity with all of Russia’s political prisoners and take concerted actions to hold Putin accountable. Sentsov’s life depends on it. If we don’t, it’s a defeat for those who believe in human rights and a victory to those who traffic in tyranny.

As an urgent first step, if Sentsov is to be saved, the world must unequivocally call for his immediate release.  As Sentsov’s situation has grown increasingly precarious, a handful of organizations and world leaders, including Amnesty International and French President Emmanuel Macron, have already done so. But to get Putin to listen, we need the United States and other countries and organizations that value democracy and human rights to prioritize Sentsov’s case.

Second, Russia must face serious and tangible consequences. Putin has repeatedly demonstrated that he does not act out of compassion or shame, so we must force him to do what is right. The United States should lead the charge by using all the tools in its arsenal—including significantly expanding sanctions—to force Putin to meet our demands for freedom.

Finally, we must not lose sight of what is at stake. Sentsov may be fighting to free Ukrainian political prisoners specifically, but this fight transcends national boundaries. It is a timeless and universal fight for freedom and justice—the very values that our society is built on. Sentsov has not weeks, but fleeting days left.  And if he dies, so does a part of our humanity.

This article originally appeared on the Atlantic Council’s website

The main photo: Barbed wire and placards with images of Ukrainian film director Oleg Sentsov are seen after a rally demanding the release of Sentsov, who was jailed on terrorism charges and is currently on hunger strike in Russian jail, in front of the Russian embassy in Kyiv, Ukraine August 21, 2018. REUTERS/Valentyn Ogirenko/File Photo

Valeria Jegisman of Free Russia Foundation caught up with Maxim Tuula, producer of “The Trial: The State of Russia vs Oleg Sentsov,” during his recent visit to Washington, to talk about the film, the international campaign to support the political prisoner, attitudes towards his case in Russia, and the current state of Sentsov’s health.


The film was released about 1.5 years ago. While you were working on it, you probably had your goals and expectations. Do you feel you have achieved them? Apart from Oleg still being in jail.

When we were making this film we wanted to bring the message about Oleg Sentsov’s case to the widest international audience possible. After a premiere in Berlin, some Russian film critics – friends of ours – told us they didn’t really like the film because they expected more. Since most of them support Oleg Sentsov and know a lot about his case, they expected some kind of revelations. But we didn’t make the film for them. We made it for people who don’t know about Oleg’s case. We wanted to make an internationally relatable film to explain everything and I think it works.

In terms of creativity, I don’t know – for the sophisticated taste it’s not an intricate arthouse film. It’s too simple for that, but we had to choose one way or another. I asked Natalia, Oleg Sentsov’s cousin, whether she liked the film or not, and she said she didn’t think about it in artistic terms, but that it is an important tool to help Oleg’s cause.

However, after our premiere in Berlin, Netflix was looking at the film and whether to take it and they decided not to. And a lot of European channels didn’t take it. They said the film is not relevant to their audiences because it’s Ukraine, and no one knows who Oleg Sentsov is. That is unfortunate.

So it must have come as a disappointment?

Of course we were disappointed because we wanted to make it as big as possible. But we are trying, maybe things will change. When we were making the film, we started a publicity campaign where we recorded messages from European, Russian, and Ukrainian filmmakers to support Oleg’s release. But it was really hard to get feedback from their American counterparts.

Many of them said that they had never heard anything about it and asked why they should care about a Ukrainian filmmaker? Something changed when Johnny Depp joined another global campaign, Imprisoned for Art, and supported Oleg Sentsov. And thanks to Pen America awareness of Oleg’s case has risen in the States.

After the hunger strike began, the American media started writing more about Sentsov, especially after Masha Gessen, the Russian-American journalist, wrote about him in the New Yorker. Her participation in our film screening in New York a few weeks ago attracted a lot of interest and it helped raise awareness.

It seems to me that the international campaign has been quite prominent and far-reaching. A lot of people, including from film industry and international organizations, support Oleg Sentsov’s case. But what is less prominent is political support. What do you think about this and what else can civil society do to put more pressure on politicians?

The Institute of Documentary Film in Prague asked me what they could do to help – should they write an open letter to the Russian Minister of Culture, or to President Putin? But I told them they [Russian authorities] don’t care about you. The only thing you can do is try to make an impact by talking to your politicians, who in turn may try to influence Putin.

French President Emmanuel Macron raised the issue of Oleg’s case during his recent visit to Russia, probably because the French intelligentsia exerted pressure by signing a letter in support of Oleg. Yet it did not lead to any results because Putin was not interested. The president of European Council, Donald Tusk, issued a statement calling for the release of Oleg because our Polish co-producer Dariusz Jablonski and director Agnieszka Holland wrote a letter to Tusk. But again, it didn’t have any effect.

The Czech Institute of Documentary Film asked me what they could do to help and I said the same thing: you need to write the politicians. They showed Oleg’s own film, Gamer, and our film about Oleg at a festival in Karlovy Vary and then wrote an open letter on behalf of all the Czech filmmaking associations to the Czech Parliament, which eventually took up the matter. But again these were cultural figures raising the issue, not the parliament itself.

Of course, there are politicians who are very active in supporting Oleg – for example, the former Bundestag member Marieluise Beck, who even came to our Berlin premiere and was an active participant of our other German screenings. Estonian President Kersti Kaljulaid also took part in the interantional campaign and she held a #FreeSenstov sign in her hands – but I wish there were more of them.

Putin will not listen to the Institute of Documentary Film, but he might listen to someone who has an impact on Russian or international politics. So, high-level politicians could probably influence Putin, but he would want to get something in return.

Did you expect that the World Cup would bring more attention to Oleg Sentsov’s case?

This is what Sentsov was hoping for when he started the hunger strike. He started his hunger strike just few weeks before the World Cup to attract attention to the Ukrainian political prisoners in Russia. Unfortunately, it didn’t work. Our friends in Moscow were handing out leaflets to the soccer fans who came to Russia. We thought that if even five out of a hundred fans took the leaflets, and started to think about it, then that’s something. Unfortunately, nothing happened. The World Cup and the case of Oleg Sentsov turned out to be two different universes, not really connected to each other. But let’s see what happens after the end of the World Cup, there is still hope that Putin will do something.

In the film, Oleg Sentsov says that the majority of the population in Russia believes the state propaganda, but one-third understands what is really going on. So the majority of people believe that Oleg is guilty, but there are those who try to stand up for him in Russia. It must take courage to do that in Russia. How do you assess the support for Oleg in Russia?

Well, I think one-third is an exaggeration and that it’s much fewer people, but still this is the thinking part of the Russian population, people who really question the order of things. The Russian filmmakers, they continue to support Sentsov because they feel the blame is partly on them since this is their government who is doing this, yet they can’t do anything about it.

There is a documentary made by Radio Liberty that shows activists handing out leaflets about Oleg to people on the streets of Moscow. Many people don’t take the leaflets, those who do don’t really want to know anything about it. They also say they won’t take one because he is Ukrainian. When they see the word Ukraine, they don’t even read it because it is the enemy – they are so brainwashed.

But the worst part is when people clearly understand what is going on, but close their eyes to this injustice.

Do you think they are just afraid to stand up, or that they just don’t care?

They are not afraid, they work for the regime. They support Putin, if it works for Putin, injustice is not a problem to them. Maybe some people are afraid, but I don’t think fear is the main factor here.

Once I happened to have a conversation with a former FSB officer who said it’s Sentsov’s own fault because he didn’t have to stick out. He clearly realizes Oleg is not a terrorist and that it’s a show trial. But it’s normal to him, it is normal to many people. It’s all right to have this kind of injustice if it has a purpose. And for me that is the worst part.

How is Oleg Sentsov’s health at the moment, do you keep in touch with him?

It is deteriorating, of course, because it’s been 61 days. At this point, the changes in your body become irreversible. Even if he stops the hunger strike, he may not fully recover. He has lost about 20 kilograms and his health is clearly deteriorating.

I’m going to ask a difficult question and you don’t have to answer it. Do you think Oleg did the right thing to go on a hunger strike?

It is his choice and I respect it. There is a discussion among Russian filmmakers about whether we should ask for a pardon from Putin or should not because we have to respect his decision. I respect his choice, and I wouldn’t convince him to stop. I wouldn’t do it myself because my family just wouldn’t let me, because it is a serious risk I would be taking. But he is absolutely convinced he is going to win and I hope Oleg will win. In any case, he has achieved what he was trying to do. He has brought attention to the issue of Ukrainian political prisoners, but if he has to pay with his life – it is a very high price.

Maxim Tuula is an Estonian film producer whose work also includes “My Friend Boris Nemtsov.” The interview with Tuula took place on 13 July 2018. Photo credits: snapshot from “The Trial: The State of Russia vs Oleg Sentsov,” and Alexei Salomatov

The history of love and hate within the triangle Russia-Poland-Ukraine was always difficult to untangle even for Russians, Ukrainians, and Poles, let alone for uninitiated Western bystanders.

Continue reading Russia-Poland-Ukraine triangle and the Volyn tragedy

Right after Putin’s third term, and especially after the Maidan revolution in Ukraine followed by the Russian annexation of Crimea and the subsequent military conflict in Eastern Ukraine, the Russian authorities dramatically increased the anti-opposition campaign.

Continue reading Russian Refugees in Ukraine: The Broken Hopes

In 2015, Crimea realized it did not become a special region for Russia. Now it is time to reflect on the changes in peninsula’s economy, tourism, human rights situation and its relations with mainland Ukraine.

Continue reading Farewell to sacredness. What 2015 brought to Crimea

On Saturday, November the 7th, once the biggest holiday in the Soviet Union with the possible exception of Victory Day, the blue and gold Ukrainian flag was everywhere, fluttering in the shadow of Union Station, Washington D.C.’s main train station. Continue reading Genocidal Doublethink: The Kremlin and the Holodomor