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Five Years in Prison for A 21-Year-Old Student: The Case of Sayd-Muhammad Dzhumaev

Dec 17 2021

Sayd-Muhammad Dzhumaev (aka Markhiev Mikail Mikhailovich) was born on January 15, 2000. On August 19, 2021 Sayd-Muhammad, a resident of Moscow and a student of Moscow State University, was sentenced to five years in prison for confronting riot police at a rally in support of opposition politician Alexey Navalny by the Tverskoi Court in Moscow.

Case Background

Russian politician Alexey Navalny has been in prison since January 2021. He was detained at Sheremetyevo airport in Moscow after returning from Germany, where he had been treated after being poisoned with the Novichok chemical warfare agent. According to the verdict, the politician will remain incarcerated until mid-2024.

Nationwide protests in Russia broke out on January 23, 2021 in support of Navalny.  The protests were met with brutal police crackdowns, with thousands citizens detained. More than 100 criminal cases were opened against those who participated in protests under accusations of violence, blocking roads, involving minors in illegal activities, and violating sanitary and epidemiological rules.

On January 23, 2021, Sayd-Muhamad Jumayev joined a demonstration in Moscow as part of the all-Russian “Freedom to Navalny!” rally.

A short video from the rally, which captures the moment of Dzhumaev’s confrontation with riot police, has been widely circulated on the Internet. The footage shows Dzhumaev emerging from the crowd of protesters and walking quickly towards the riot police, who in full protective gear with batons at the ready are advancing on the crowd of protesters. Dzhumayev falls back under the blows of the police batons but hits the riot police with hands and feet. One of the OMON riot police fighters grabbed Jumayev by the arm, he breaks free, but falls on the asphalt. The protesters drag Dzhumaev back into the crowd, shielding him from police.

Following this incident, Dzhumaev was put on the federal wanted list on charges of committing a crime under Article 318 of the Russian Criminal Code (“Violence against a representative of authority, in connection with the performance of his duties”). On January 28, 2021 he was detained in the Pskov region, and on the same day Moscow Presnensky District Court put him in jail for two months for the period of preliminary investigation. His time in the pre-trial detention facility had then been extended until the final verdict.

According to the investigation, on January 23, the young man who participated in an unauthorized rally near Pushkin square “repeatedly attacked members of riot police and law enforcement with his hands and feet.”

During the investigation, Sayd-Muhammad Dzhumaev apologized to the officers. According to his lawyer, officers said that they had no personal claims. Initially the young man pleaded guilty, so his case was considered in a special order without the examination of evidence, but on the day of the announcement of the verdict, the court decided to reopen the investigation and consider the case in the general order.

On August 19, 2021 Sayd-Muhammad Dzhumaev was sentenced to five years in prison

Reaction

The day after the rally, Adam Delimkhanov, a Russian State Duma deputy from the Chechen Republic, published a video in which he urged Dzhumaev to get in touch with him and then the regional authorities would help him.

The position of the Chechen authorities was first based on the fact that Dzhumayev did not support Navalny and, most likely, was at the rally by accident.

After the meeting with the young man’s relatives, the Chechen authorities announced that “the destruction of the institution of the family” was to blame for Dzhumayev’s actions. “If he had reached out to his father’s relatives, maintained kinship with everyone, he would have known how to behave,” Magomed Daudov, the speaker of the Chechen Parliament explained Dzhumayev’s behavior.

Arrest of this young student has caused a resonance with the Russian society.  Poems had been dedicated to him, thousands of people signed a petition in his support, created animated videos and merchandise with his image. Thousands of posts have been published on Instagram with the hashtag #свободуджумаеву (#freedzhumaev).

Why does the Memorial Center recognize Sayd-Muhammad Dzhumaev as a political prisoner?

Memorial, an international historical and civil rights society, does not believe Dzhumaev’s actions constitute a crime.

  • There was no damage or injury from the actions of Said-Muhammad Dzhumaev. The allegedly injured law enforcers wore full protective equipment with helmets and did not receive any injuries. Moreover, in court, they denied all claims of injury. The video recording from the protest shows that Dzhumaev’s actions had not caused any of them to fall, lose their balance or even stop hitting him with batons.
  • An unreasonably harsh sentence was imposed in Dzhumaev’s case: it clearly does not correspond to the practice of such charges. Even taking into account that the Russian courts apply Article 318 of the Criminal Code of the Russian Federation in “political” and other cases, Dzhumaev’s sentence stands out for its severity even against the background of other cases.
  • The law enforcement agencies’ assessment of the actions of the parties is asymmetrical. According to the “OVD-Info” media, on January 23, at least 64 protesters across Russia were injured by the actions of law enforcement officers. At the same time, not a single criminal case has been initiated against law enforcement officials. Only the demonstrators have been prosecuted.
  • Dzhumaev clashed with riot police during the illegal dispersal of a protest rally. The Russian authorities grossly violated the right of citizens to peaceful assembly, each of the protesters risked being illegally detained and beaten. The atmosphere of police violence during those hours suggests an element of necessary defense in Dzhumaev’s actions.

Based on the above, Memorial considers Sayd-Mukhamad Dzhumaev 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.

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