ECHR requests info from Russia on Bolotnaya Square case, expects answer by Jan 17 – lawyer

The European Court of Human Rights (ECHR) has requested information from Russia on what restrictions have been imposed on suspects in the case concerning the large-scale unrest that took place at Moscow’s Bolotnaya Square in May 2012.

“The European Court has posed general as well as specific questions on each suspect to the Russian government,” lawyer representing several suspects, Dmitry Agranovsky, told Interfax on Monday.

The ECHR has already given priority to and merged the complaints of seven suspects – Vladimir Akimenkov, Yaroslav Belousov, Leonid Kovyazin, Artyom Savyolov, Andrei Barabanov, Mikhail Kosenko and Nikolai Kavkazsky, the lawyer said.

The ECHR has given priority to these complaints and has sent 22 pages of questions to the Russian government, Agranovsky said. The responses are expected by January 17, 2014, he said.

According to the documents provided by Agranovsky, the ECHR wants to know what restrictions have been imposed on the suspects, how these restrictions have been extended and in what conditions the suspects are currently kept. The ECHR has also requested information on charges brought against and medical care provided to the suspects.

The May 6, 2012 opposition rally sanctioned by the Moscow authorities at Bolotnaya Square escalated to clashes with police, as a result of which over 400 people were detained. A criminal case over appeals for large-scale unrest and use of force against representatives of the authorities was opened on the same day.

A total of 26 people are currently suspects in the case: travel restrictions have been imposed on six people, two are under house arrest, two have been put on the international most wanted list and the others are in a detention facility. Three suspects have been convicted.

Russia Beyond The Headlines

Defendant In Russia’s ‘Bolotnaya’ Case On Hunger Strike For 50 Days

Photo: Dmitiy Borko (Courtesy Photo)

Concern is mounting over Sergei Krivov, one of over 20 people charged with assaulting police during an opposition rally in Moscow last year.

Krivov has been on hunger strike now for 50 days to protest what he says are violations of his right to a fair trial in the so-called Bolotnaya case, named after the square where a sanctioned antigovernment protest on May 6, 2012, erupted in violent clashes with police.Krivov, who at 52, is one of the oldest defendants in the case, appeared gaunt and frail at his last hearing on November 5.

According to his lawyer, Vyacheslav Makarov, he has been refusing food since September 19 and is having difficulty walking and even speaking.

Makarov says the drawn-out trial, which requires his client to attend hearings roughly three times a week at a Moscow court, is taking a heavy toll on his health:

“He spends a lot of time being brought to court. He sits in a relatively small cell during the trial,” Makarov says. “The same procedure as when he is brought to the Mikulinsky court takes place on the way back and like the others, he returns to his pre-trial detention center only around midnight. There is almost no time to rest, he is woken up at 6 a.m. the next day. It’s taxing even for someone who is in good health.”

Makarov accuses authorities of failing to provide Krivov with all the transcripts of the hearings, crucial to his defense. Transcripts that are delivered can take up to six weeks to reach the defendant.

Makarov says he is also routinely denied the right to formulate requests in court.

He nonetheless hopes his client will be granted the right to lie down during the hearings to spare his strength.

‘Healthy Enough’

Despite Krivov’s frail condition, prison authorities have ruled that he is healthy enough to appear in court and, according to Makarov, are denying him suitable medical supervision.

“When a person is on a hunger strike for more than 40 days, you can already describe his health as weakened,” Makarov says. “He needs to undergo a thorough medical examination, and not a superficial one based on whether or not he can stand on his feet without falling over.”

The plight of Krivov – who cared for his two young children and his disabled mother before being jailed – has supporters and rights campaigners deeply worried.

Bobby Sands, the famous Irish Republican Army member who died in 1981 after a hunger strike in a British prison, succumbed after just 66 days without food.

Nadezhda Mityushkina, a member of the opposition Solidarity movement, first met Krivov when he joined the group in 2011.

She describes Krivov, who was mainly involved in distributing leaflets and flyers, as a quiet, hardworking man deeply committed to his values.

She says she fears for his life and laments the lack of support in Russia for the Bolotnaya defendants.

“I think we need to make as much noise as possible about Sergei and about political prisoners more generally, to fight for them with all the means at our disposal,” Mityushkina says. “But unfortunately, many people in Russia believe that if a person is in prison there is a good reason for it. I would like to tell these people: take to the street, show your support, scream, [and] don’t be silent!”

Symbol Of Ruthless Tactics

A total of 25 people are currently under investigation or charged in the Bolotnaya case, which has come to symbolize the ruthless tactics employed by the Kremlin to quash a wave of protests.

The first demonstrator to be tried, Maksim Luzyanin, was sentenced to 4 1/2 years in prison after cooperating with investigators and pleading guilty.

The second, Konstantin Lebedev, was given 2 1/2 years, also after pleading guilty.

All the other defendants deny wrongdoing.

Seventeen are currently in pretrial detention, three under house arrest, and one has fled the country.

Mikhail Kosenko, who suffers from a mild psychiatric disorder after sustaining a trauma during his military service, has been forcibly sent to a psychiatric clinic despite a police officer who was allegedly hurt by Kosenko testifying in his defense.

Supporters of the Bolotnaya defendants were scheduled to hold a picket on Moscow’s Red Square on November 6 to call for their release.

Natalya Dzhanpoladova reported from Moscow. Claire Bigg reported and wrote from Prague.

Radio Free Europe/Radio Liberty

Protest in Russia: an activity only for the brave and foolhardy

Defendants and guards look on during the ‘Bolotnaya Square’ trial of 12 people involved in protests before Vladimir Putin’s re-election. Photograph: Ivan Sekretarev/AP

Every Tuesday, Wednesday and Thursday, in a courthouse nestled amid high-rise apartment blocks in south-west Moscow, nine men are marched into a room in handcuffs and placed in metal cages. They are joined by three others who are also on trial but under house arrest or on bail, two dozen lawyers, several armed policemen with a growling alsatian and an irritable, fatigued judge.

This is the biggest of the “Bolotnaya” trials – court processes against 28 people who were arrested in the aftermath of a rally on Bolotnaya Square on 6 May 2012. It was the day before Vladimir Putin was inaugurated for a new presidential term, and the crowds chanted slogans demanding new elections and a less corrupt government. A year-and- a-half later, the protest movement has been extinguished, though it lingers in the consciousness of Moscow’s middle classes, and Putin has embarked on a more socially conservative path to consolidate his support in the heartlands.

The arrests were a warning that Putin would not tolerate the huge protests that preceded his re-election and heralded a crackdown. Among those protesting was charismatic opposition leader Alexei Navalny, who was later put on trial in the city of Kirov on embezzlement charges that few found persuasive.

The Bolotnaya arrests were alarming mainly because of their randomness. They were a sign to iPad-toting young Muscovites that protesting was not without consequences. In a way, any of the thousands who protested that day could have ended up in the metal cage. Those on trial are mainly accused of resisting or assaulting police, but although there was isolated violence at the rally there is little to suggest most of those on trial were involved, and police who come to court to testify remember little. At one point on Thursday, one of the defendants asks questions of the policeman on the witness stand, from inside the cage. Vladimir Akimenkov, 26, faces a possible eight-year sentence on charges of throwing a flagpole at a policeman, though the only evidence is oral testimony from one officer. He is losing his sight from a serious eye condition, which is progressing in jail, but the judge refuses to bail him for treatment.

His inquiries on Thursday have little to do with the accusations; instead he asks the police officer on the stand if he has any moral conscience.

“Do you think whatever is good for Gazprom is good for Russia?”

“The question is removed from the record,” says the judge.

“Do you follow every single order you are given? If ordered to shoot into a crowd of protesters, would you do so?”

“The question is removed from the record,” says the judge.

And so it continues, interminably. The prosecution alone has hundreds of witnesses to call, most of them police. Getting through the first 40 has taken months, partly because there are two dozen lawyers, all asking questions, two-thirds of which are struck off the record. At this pace the case will take two years, says lawyer Sergei Badamshin.

Mikhail Kosenko, another one of those accused, was deemed mentally ill and tried separately. Last month he was confined to indefinite forced psychiatric treatment by a judge, despite never having committed a crime or having violent episodes prior to his arrest. Many of the others are simply sitting in pre-trial detention, for over a year already, with no sign of a trial even starting.

Maria Baronova, 29, is one of the 12 on trial, although she is not kept in jail but is allowed to live at home on the condition she does not leave Moscow. She says the trial – and the lack of interest in it from those who once formed the protest movement – shows that the waves of anti-Putin discontent are over.

“It’s finished. We lost. That’s it. There is no hope,” she says. “You can try to help people get out of jail. You can go back to your jobs and try to forget about it. But the fact remains we lost, and nothing is going to change here.”

“The sense that protests are cool and something that is fun to be part of has of course gone,” says Maria Lipman, of the Moscow Carnegie Centre. She said the arrest of the Bolotnaya 28 has had a devastating impact on the protest mood.

The memory of the protests still remains, however. In the minds of the urban elite, and in the towers of the Kremlin, there is an understanding that the young, progressive class has deserted Putin, in spirit if not in body. This has led to the third-term Putin promoting a less inclusive political agenda and taking a sharp shift towards social conservatism.

“Putin has abandoned his claim to be the leader of all the Russians; now he is the leader of Putin’s Russians,” says Lipman. “And there are increasing numbers of people who have become ‘bad’ and ‘unpatriotic’ Russians, whether it be liberals, gays or blasphemers.”

A new law that criminalises “homosexual propaganda” was passed this summer, while NGOsnon-governmental groups which receive money from abroad must register themselves as “foreign agents”. State television whips up hysteria about the nefarious influence of the US state department, and Putin has positioned Russia as the last bastion of traditional values in Europe. The punk band Pussy Riot were thrown into prison for hooliganism, and acts like the Greenpeace protest against Arctic drilling are seen as an assault on Russia’s sovereignty.

Despite the crackdown, there have been concessions to Moscow’s protest-oriented middle class. Under mayor Sergei Sobyanin, life for professional Muscovites has become more liveable. Parks have been redeveloped, the local equivalent of “Boris bikes” were introduced this year, and pleasant cafes and restaurants are springing up. Nightlife is as vibrant as ever and now caters to a fashion-conscious youth obsessed with western trends. A major repaving programme has turned grimy dead zones into pleasant pedestrianised walkways almost overnight. More and more, Moscow is a nice place to live, not just for the super-rich but for the middle class too.

“The main paradox of living in Moscow today is that you can carve out a very New York or London-like existence here,” says Michael Idov, editor of GQ Russia. “If you find these dots on the map and connect them and never stray from these routes, life is very comfortable. As long as you don’t interact with the state in any way, shape or form.”

What to do with the political aspirations of these young people remains a dilemma. There was outrage when Navalny was tried and sentenced to five years. Next day, when the prosecutor launched an unprecedented appeal for his release on bail, it was clear there had been a phone call from Moscow and that someone wanted him free for Moscow’s mayoral elections in September. He gained 27% of the vote and his jail term was amended on appeal to a suspended sentence.

But last week new corruption charges were brought against Navalny and his brother, which could mean 10 years in jail. It seems the debate over whether Navalny is more dangerous in or out of jail is still raging.

“The Kremlin is not a cohesive group of like-minded policy makers,” says Lipman. “There is always a debate going on about whether softer or harder approaches are best.”

Putin is stuck with the classic dilemma of the soft autocrat. Does he allow a controlled liberalisation, with the possibility that he could lose control of the process, or does he crack down? After all, it was exactly the better-off segment of Muscovites, who had enjoyed increasing salaries and exposure to the west, who formed the core of the protest movement that sprang up so unexpectedly two years ago.

To make sure those demands do not become too loud, the Bolotnaya case rumbles on, with its protagonists trying to engage with the absurdity of proceedings, but being struck down repeatedly by the judge, Natalia Nikishina.

Baronova says that people regularly tell her to flee abroad, but she feels a duty to see through the court case. Nevertheless, the process is so byzantine, and its logic so frustrating, that she feels her grasp of reality slipping away.

“It’s like Kafka’s Castle,” she says. “Engaging with the Castle is pointless. Trying to talk to the Castle is pointless. All it will do is send you mad. The whole process is designed to send you completely insane. That’s far scarier than a possible prison sentence.”

Shaun Walker in Moscow. The Guardian.