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Two years in prison for shielding a child from assault: The case of Valery Yevsin

Jul 01 2021

“I came out to the street to express my solidarity with Alexei Navalny and support the Russian people. I just wanted to help an innocent kid when I saw he was brutally mishandled by the police. I never wanted to cause any harm or humiliate anyone, especially the security officers.”
Valeriy Yevsin during his court hearing on April 7, 2021

Case Background

On January 23, 2021, mass protests broke out in almost 100 cities across Russia and internationally. Thousands of peaceful protesters came out to support Alexei Navalny, a prominent ant-corruption politician and Putin’s top political rival, who was illegally arrested by the Russian government on January 17. People who have participated in these protests are now facing the most brutal repression in the history of modern Russia. Hundreds of people were assaulted on the streets by the police, and in the months since, more still have faced interrogations, house raids, psychological abuse, and illegal incarcerations at the hands of law enforcement– all because they peacefully exercised their legal right to protest.

Though the intensity of these repressions has certainly increased since the spring of 2020, the approach and schemes used by law enforcement to crack down on protestors, are not new. Indeed, after an earlier wave of mass protests in Russia took place in July of 2019, dozens of people faced criminal charges for allegedly “causing harm to the health of the police officers.” This particular criminal charge has emerged a frequently-used government method for prosecuting protestors. The most notorious example is the “Moscow case,” opened on July 27, 2019, in which 13 protesters received anywhere from two to four years in prison for merely “pushing a government official,” “touching the arm of a government official,” or “slapping a government official’s helmet.” Beyond the disproportionate punishment for such actions even theoretically-speaking, these charges were made without any supporting evidence (read more on the “Moscow case” in our report). No matter their validity, these cases have established a new avenue for the government to silence opposition: prosecuting the innocent for supposedly endangering police officers and making it clear that anything that is ever said or done against the police will result in a prison sentence.

The 2021 protests in support of Alexei Navalny have deployed this mechanism en masse, with dozens charged with “causing grievous bodily harm to the police.”In reality, these brave Russians exercised their constitutionally-guaranteed rights and stood up to the government oppression.

Case Defendant

Valeriy Yevsin came to Moscow from the Pskov Oblast to work as a taxi driver. He is married and is a doting father to two small boys. His social media pages used to consists mainly of family photos and reposts of content from opposition politicians and activists. But now his account has been flooded with “pro-Kremlin” trolls barraging him for his criticism of the government and divulging personal information about his life: “Pal, are you not satisfied with your life? You have kids, a car, you go on vacations. What else do you need?”

On April 7, after two months in detention without seeing his wife and kids, Mr. Yevsin was found guilty by the court and sent to prison for two years. The supposed crime he committed: “pushing a metal street closure barricade in the direction of a police officer” during the protest on January 23. These charges fall under Part 1, Art. 318 of the Criminal Code of Russia – “The use of violence, not dangerous to life or health, against a government official on duty”.

Events preceding Mr. Yevsin’s arrest

According to Mr. Yevsin, on January 23, he was walking down the Sretenskiy Boulevard in Moscow with a group of protesters when he heard someone from the crowd scream that the police was assaulting a teenage boy. Valeriy said that he saw the police grabbing a skinny-looking teenager and dragging him away. Mr. Yevsin felt he simply could not just walk away and he felt the responsibility to help the boy. He confornted the police and asked them to release the innocent kid. The crowd supported Mr. Yevsin and started screaming “Let him go! Let him go!,” a plea which the police ignored, continuing to drag the boy away . Furious, Mr. Yevsin and a few other protesters pushed a metal barrier toward one of the police officers, which lightly brushed one of the officer’s chest. The officer wielded his baton to hit Mr. Yevsin, but Valeriy managed to duck the hit.

Later, during his interrogation, Mr. Yevsin said: “I saw that the police had finally released the boy, and I shouted to the crowd that we could leave and that the conflict was resolved. Everyone started applauding and we left.”

A few days later, the police found Mr. Yevsin by tracking his car’s license plate number, arrested him, and brought him to the detention center. The police officer brushed by the metal barrier against claimed that Mr. Yevsin was aggressive, that he tried to grab his baton, and that he deliberately lifted the metal barrier with the intent of hitting the officer in the chest and the stomach. The officer maintained that the incident caused him great physical pain.

According to the Memorial Human Rights Center, this claim was intentionally exaggerated to make it seem like Valeriy Yevsin had caused damage to the health of the police officer which in reality did not happen.

 Speaking in his own defense, Mr. Yevsin said he never wanted to cause harm or humiliate a police officer and that all he wanted was to help a child in danger. He said he was sorry that this situation took place and he later admitted his guilt hoping that the court would reduce his punishment. Nevertheless, on April 7, the court sentenced him to two years in prison.

Why does the Memorial Human Rights Center consider Valery Yevsin a political prisoner?

Politicized context

The Memorial Human Rights Center asserts that to understand the nature of a person’s detention it is important to consider the context of the event, as well as the reactions of the law enforcement and judicial systems to it.

 In this case, the important elemnt of the context is that Valeriy Yevsin was taking part in a peaceful protest that constituted a legitimate expression of public outrage at the Putin government’s repressive actions. Yet, in spite of the legal nature of this protest,, law enforcement agents used extreme violence towards protesters trying to silence them and end their completely legitimate activity.

 Mr. Yevsin’s arrest is political in that it seeks to scare activists and silence voices of dissent. Furthermore, Russian law enforcement have already violated people’s right to protest, by brutally and illegally beating up protestors each time they take to the streets. The police officer identified as the victim in Yevsin’s case declared that he ‘experienced great pain’ from the push. Yet, at the time of the incident, he was wearing full body armor and could not have possibly suffered any physical injuries from such an insignificant push. In contrast, on the same day of the incident with Mr. Yevsin, the police seriously injured dozens of protesters and have gone unpunished for their violence. This is in spite of the fact that their actions were recorded in photos and videos and that the protesters’ injuries have been confirmed by medical records. The Memorial Center claims that such a selective use of criminal prosecution is evidence of a clear bias of the Russian authorities on who deserves punishment and who does not. Thus, Mr. Yevsin must be considered a political prisoner.

Biased legislation

Common punishments based on Article 318.1 (the statute under which Mr. Yevsin was charged) imposed on people in non-political cases are far less severe than those imposed on protesters. For example, outside of the context of a protest, for punching a police officer in the jaw, one could get fined for 50 thousand rubles (approximately $680), and for swinging at a police officer with an ax one could get six months in a penal colony. Yet, while at a political protest, if one touches the helmet of a police officer, a person could receive a three-year prison sentence.

The Memorial Center believes that such blatant disparities prove the unjust selectivity of persecution of this particular law. Through prosecutions like that of Mr. Yevsin, the police and the National Guard are transmitting a clear message to the public: the police are allowed to commit any act of violence with impunity, while ordinary citizens who dare to disagree with the government will be punished as severely as possible.

The Memorial Human Rights Center considers Valeriy Yevsin a political prisoner and demands that he and other victims of the regime arrested and jailed during peaceful protests are released and the persecution against them is stopped immediately.

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