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“Utterly Absurd”. Prison Sentence For Sharing Rammstein’s Video: The Case of Andrey Borovikov

Nov 11 2021

In April 2021, Andrey Borovikov, former leader of Aleksei Navalny’s regional office in the northwestern city of Arkhangelsk, Russia, was sentenced to 2.4 years in prison for “distribution of pornography”. In 2014, Borovikov reposted the “Pussy” music video by the German band Rammstein on Vkontakte social media, and in 2020 he deleted it from his page. But it didn’t help — the court declared the video “pornography not containing artistic value”. Rammstein band members, meanwhile, continue visit Russia unrestricted and even perform at government-funded concerts.

Who is Andrey Borovikov?

Andrey Borovikov was born on May 15, 1988 and resided in Arkhangelsk, in North-Western Russia. He is an eco-activist, a member of the movement “Pomorie Is Not a Dump”, worked as coordinator of a regional office of the Russian opposition politician Alexei Navalny. Borovikov has repeatedly participated in protest actions in his hometown and also took part in a large protest rally against a planned waste disposal project in the village of Shies in 2019. For his activism, Andrey Borovkov has become the target of government repressions.

Case Background

In 2014, Andrey shared music video “Pussy” by German band Rammstein on the Russian social network Vkontakte. The song itself had been released with a controversial and sexually explicit music video back in 2009. However, there is no official ban on this music video in Russia.

Five years later, in 2019, the video was noticed by Alexander Durynin, a former volunteer and social media manager of Navalny’s Arkhangelsk regional office, who later “became disillusioned with Navalny and left the office,” according to reports by Russian independent outlet Mediazona. In December 2019, he reported Borovikov’s post to the police and claimed that he was distributing pornography.

The initiation of a criminal case against Andrey was announced in September 2020. At around the same time he left his position as coordinator of Navalny’s regional office.

As part of the investigation, a sexological and cultural examination of music video took place. The court experts found the video to be of “pornographic nature” and “not containing artistic value.” At the same time, no other criminal cases have been opened in Russia because of the clip, despite the version marked 18+ having been shared by more than 200 users in social media Vkontakte alone and more than 20,000 users shared the version with explicit scenes blurred.

The activist has pleaded not guilty, stressing that this clip in the social media Vkontakte had been published by hundreds of other people.

According to prosecutors, Borovikov violated Article 242 of the Russian criminal code —distribution, public display or announcement of pornographic materials with use of mass media—when he shared the video in 2014.

On April 29, 2021, a court in Arkhangelsk found Borovikov guilty of “distributing pornography” by sharing the video. The prosecution requested a three-year sentence in a high security penal colony. Borovikov has been sentenced to two and half years in prison.

On July 15, 2021, the court reduced the sentence to two years and three months in a medium-security prison.

Reaction

Immediately after the announcement of the verdict, Rammstein guitarist Richard Kruspe criticized the decision of the Russian court. “I very much regret that Borovikov has been sentenced to imprisonment for this. The harshness of this sentence is shocking. Rammstein has always stood up for freedom as a guaranteed basic right of all people,” Kruspe’s Instagram statement said.

Rammstein leader, singer Till Lindemann, who is very popular in Russia, has never publicly condemned the arrest of Borovikov, nor is he prosecuted for producing the video. Moreover, on September 4, 2021 he performed on Red Square in Moscow — he was a special guest at the “Spasskaya Tower” Military Music Festival funded by the government. Lindemann sang Mark Bernes’ song “Beloved City” in Russian. He was accompanied by three bands: the Military Band of the 154th Separate Commandant Preobrazhensky Regiment, the Demonstration Band of the Ministry of Emergency Situations of Russia and the Band of the Separate Division of the Operational Division of the National Guard.

Amnesty International said Borovikov was being “punished solely for his activism, not his musical taste.” “The case against Andrei Borovikov is utterly absurd,” said Natalia Zviagina, Amnesty International’s Moscow Office Director.

In an address recorded few hours ahead of the arrest, Borovikov called on the residents of Arkhangelsk to keep up protests against the regime. “Dear brave people, real people, dear friends, we have long had to keep up with this regime, that has descended our country into Putin’s lawless abyss. We have been united by the spirit of protest, a spirit of protest for our home soil. And only during these protests it has become clear for us how hard it is for people to have one’s own opinion, to be proud, a proud citizen. Dear friends, whatever will happen to me, that must not affect your spirit of protest. Because loyalty and fear is exactly what Putin’s group of bandits desires. Don’t be afraid, and in all possible ways try to harm the regime of the dictator, even with the smallest of actions. Never, under no circumstances, vote for United Russia… We are risking our lives and freedom so that our motherland, our beloved Russia, can be free.”

Why does the Memorial Center recognize Andrey Borovikov as a political prisoner?

Memorial Center believes that criminal prosecution of Andrey Borovikov — a political, environmental and civic activist well-known in Arkhangelsk — has nothing to do with the declared aim of protecting public morals.

1. The investigation over many months of such a minor and even ridiculous criminal case seems absurd and can only be rationally explained by the political motives of the officers of the Russian Interior Ministry rather than any motivation related to the law.

2. Borovikov’s prosecution is clearly selective in nature.

3. It is difficult to classify the Rammstein music video for the song “Pussy” as purely pornographic in nature since this audiovisual work has artistic value and is a legitimate artefact of contemporary popular music culture. There are no grounds to suggest Borovikov perceived the video as some kind of prohibited ‘pornography’ or intended to distribute pornographic material. 4. Even if the investigative authority had concluded the video was pornographic, it should not have initiated criminal proceedings against Borovikov. Under Article 14, Part 2, of the Russian Criminal Code, “an act (or omission), even if it formally contains evidence of being an act that falls under this Code, does not constitute a crime if it presents a danger to the public of little significance.”

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