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(en) Russia, Avtonom: "This is a period of lawlessness." Why the anti-fascists of the "Penza case" figurants were taken from St. Petersburg to Penza for a whole month [machine translation]

Date Wed, 29 Aug 2018 09:43:18 +0300

On August 22, the figurants of the "Penza case" Viktor Filinkov and Yulia Boyarshinov, who were taken to the investigative authorities in Penza from the pre-trial detention center in the Leningrad region at the end of July, were taken. Nikita Sologub explains why the way, which takes one day for free passengers of the railway, is extended in the FSIN system for a month, and what happens to the prisoners during the stage when they are deprived of connection with relatives and lawyers. ---- Stages of the "Penza case" ---- The first arrests on the case of the "terrorist network" Network "" took place at the end of January. On January 25, a court in St. Petersburg arrested the left-wing activist Viktor Filinkov (the next day he told about torture). Two days later an antifascist Igor Shishkin set off for the SIZO . Later it became known that their case was connected with accusations against six Penza residents detained in October-November last year - Yegor Zorin, Ilya Shakursky, Vasily Kuksov, Dmitry Pchelintsev, Andrei Chernov and Arman Sagynbaev (they also talked about torture). In April 2018, it became known about the new defendant - Julia Boyarshinov, detained three months earlier. On July 5, a court in Penza arrested the most recent figurants of the case - Mikhail Kulkov and Maxim Ivankin.

According to the investigation, there was a cell in St. Petersburg called "Networks" called "Jordan-St. Petersburg". In Penza, according to the case materials, the organization had two cells at once: "5.11" and "Sunrise." Although all the arrested are accused of participating in the same organization, two criminal cases - in St. Petersburg and Penza - have never been merged into one production and are being investigated in parallel. Therefore, in July, their suspects began to be taken to investigative actions from one city to another.

On July 4, Dmitry Pchelintsev was taken from the Penza SIZO . On July 6, members of the PSC found him in the IVS of the Interior Ministry in St. Petersburg and the Leningrad region. The accused told them that they were carrying his FSB operatives on the minivan; the journey took 24 hours. In St. Petersburg, he took part in the confrontation with Igor Shishkin, while confrontation with Filinkov and Boyarshinov, who also were kept in the St. Petersburg pre-trial detention center, did not take place. Pchelintsev refused his previous confessions, referring to Article 51 of the Constitution. On 8 July, the accused - also on a minibus, accompanied by FSB officers - was brought back to Penza's pretrial detention facility. About that, whether carried out for carrying out of investigatory actions outside of region of other figurants of the business excited in Penza, it is nothing known.

On July 21, member of the SPC of St. Petersburg Jana Teplitskaya reported that Viktor Filinkov and Julius Boyarshinov had disappeared from the Leningrad Region SIZO-6; on the eve of the city SIZO-3 in an unknown direction was staged by Igor Shishkin. About where they are being taken, neither the relatives nor the lawyers of the accused knew. Five days later the girl who is in conversationwith "OVD-Info" asked to keep her anonymity, tried to make a transfer to the names of the defendants in SIZO-1 Yaroslavl. Employees of the detention center confirmed that the young people are there, but refused to accept the transfer, citing the ban on transmissions to "those who transit". The defendants did not contact either lawyers or relatives, but on August 3, Vitaly Cherkasov, the defender of Filinkov, managed to meet with his principal.

"I moved by train in a special wagon, at the same time we were first brought to the city of Pskov, then through the station Bottom was taken to the city of Novgorod, and then, on the fourth day, the train arrived in Yaroslavl.[On the first day in Yaroslavl], I was kept in the transit department[...], where there was an unbearable stench due to the fact that pigs were kept in the same building. A few days after arrival, I fell ill,[but I was not given a medicine]. I learned about the unsuccessful attempts of Yaroslavl's social workers to transfer the medicines from my wife only now, from my lawyer. <...> I need medicines, because I have serious problems with the liver, osteochondrosis, stomach problems and psoriasis.[In response to a request to take me out for a walk], the employees told the cellmates that for such demands I need to break my glasses, "the lawyer wrote Filinkov's words.

In the transit isolator, the defendants waited until 10 August. In total, they spent 20 days there. August 14 Boyarshinov and Filinkov were in Nizhny Novgorod, and Shishkin, according to Filinkov, stayed in Yaroslavl. Six days later the stage continued. In Penza, two accused were not brought until 22 August. About where the third, Igor Shishkin, is still unknown - he did not go out to communicate. Thus, the way that occupies the daily passengers of Railways for a day, stretched out more than a month in the railway car.

Mother Julia Boyarshinova in court.

Pressure Tool
Advocates of Boyarshinov and Shishkin have not yet seen their clients, so they refrain from answering the question whether the prolonged staging can be considered an instrument of pressure on the accused. "To say whether my client thinks this way is a pressure or not, I can only after I talk with him: during this month he did not contact me, I did not receive any official information about his whereabouts; that he was brought to this or that point, relatives found out by sending letters through the "FSIN-Letter" system. But we got the situation that he got better at the stage than in the SIZO, where he was in a crowded (according to the reportIn the Boyarshinov's cell, about 130 people were kept in the Boyarshinov's cell with 116 beds, there was no hot water, and for each prisoner there were two square meters of the area - MZ) to the cell, "says Boyarshinova's lawyer Olga Krivonos.

Pchelintsev, who was brought from Penza to St. Petersburg by the FSB operatives on a minivan, told the POC members that he was fed on the way and, as a whole, as if "trying to appease." At the same time, it was precisely the trip that was threatened by Viktor Filinkov. "" You now sign or a day in another region of the Russian Federation for identification you will go with these same people. You understand, FSB officers always achieve their goals! It will still be the way we will decide! "- Bondarev KA intimidated me[FSB officer]. The threat to go to another region of the Russian Federation will be repeated once more in my address, in one of the last editions it was supplemented: "And a day back!" - and sounded like not only from his mouth. They called it "a car with specialists", "he said shortly after his arrest.

Unbearable conditions were created for Filinkov and at the stage in the railway car, says his lawyer Vitaly Cherkasov. The defender believes that this month was a continuation of the ongoing pressure on his principal, who is not going to admit the blame: FSB officers already threatened with transfer to the crowded detention center, where if "his cellmates beat him, no one will hear", and sent to the remand prison, which his wife arrested person calls "torture".

According to the defender, Filinkov was not accidentally taken out on the same day and along the same route with other defendants, allowing the persons involved in the case to communicate on the road. "We can not exclude that this is a peculiar method of psychological impact - my client refuses to cooperate with the investigation, it gives some headache. I think that it is for this reason - and I will think so, until the FSIN reasonably explains what was happening and why it was carried in such roundabout ways - the stage was so long. When I visited him in Yaroslavl, in communication with him, in behavior, I realized that he was brainwashed. As I understand, Victor was given the opportunity to communicate with two other defendants in this case, who were also sentenced the same way, and I do not rule out that this was done on purpose. From the communication with them, Victor, as he told me, that they hold a different position than he does. I think it was a psychological device that he thought: do I do the right thing, resisting the system, will not it make me worse? "- explains Cherkasov.

"Filinkov was much more complicated than the others, he was not given medicines, and they put him in a building next to which there were rooms for pigs, and he was threatened with glasses to break because he" shakes right. " As I understand from his explanations, for him this whole trip is an expectation of something even more dangerous, because even at the initial stage, when the officers of the operational service communicated with him after informal detention, they specifically said to him: "If you refuse from confessions, you will be given a trip to Penza, during which you will get up at all. " And they bring him there for a reason - from the words of Penza figurants, in the local jail there is a free entrance for FSB officers. If here in Petersburg he understood perfectly well that there is to some extent a civil society, a workable PSC and a lawyer at his side, then there he has reasons for concern. If Boyarshinov is not particularly worried, my trustee is in a constant tense situation, and she bothers him: "What awaits me there?" - argues the lawyer.

Victor Filinkov in court.

Sealed Rules
Advocates Boyarshinova and Filinkov agree in one thing - the stage of their clients could last as long as necessary and run along any route. "In fact, this was the usual stage of the UFSIN: this is the way the logistics of this department are organized - in order to get from one point to another, it is necessary to go some more number of transshipment points. This is a logistics problem and so all the other prisoners are being imprisoned, therefore, in fact, because it lasted so long, there is nothing out of the ordinary. The entire system of the FSIN is so built - it is not incarcerated for human rights and compliance with its legitimate interests, "says attorney Krivonos.

"This is normal practice for the FSIN in the sense that it is impossible to understand the logic of this department, it is impossible to understand logistics, it is impossible to understand how a decision is made. Even if there is a straight line between point a and point b, and the distance is small, deviations from the route will still occur, arrivals to other quite cities and institutions where people are forced to go through the transit offices for a long time, as a result, the journey takes one, two, three months. I am not inclined to think that in all cases this is due only to complicating the life of the convict or pursuing the goal of forcing them to do something, to have a psychological effect. This is more likely due to some internal FSIN settings, and the question should be asked to them, which is why this happens, "Cherkasov adds.

According to him, the rules for transferring suspects to investigative actions remain "behind the seals" - Cherkasov knows only one of them, according to which the transit jail should not contain more than 20 days in a transit SIZO (such paragraph is contained in article 76 of the PEC). However, it is often ignored: "They will always find the justification - the schedules, the lack of a sufficient number of wagons and car wagons, will always find explanations - there they waited for other prisoners, they tried to collect a certain number of transients in order to drive them from different regions and send them in one direction."

Lawyer Svetlana Sidorkina, who defended, among other things, the defendant in the case of "Crimean terrorists" Alexander Kolchenko and radical publicist Boris Stomakhin, who also survived the long stages, said that in the FSIN "the grading process is not regulated in any way, it is painted only in some internal documents, instructions, it is completely closed. "

"The issue of the stage as such - how much it goes, how it goes, in what order, it is completely regulated within the system. That is, the investigation gave a person a step, and then the FSIN decides. And they have no regulations as such. It often happens that a person is on the mail waiting for the next stage. And the next stage, in a particular direction, it can be composed of different circumstances - the presence of transport, a certain number of people whom it would be advantageous for them to send in this or that direction, the presence of a convoy that would accompany these people to the stage. This is made up of a combination of different circumstances, and no specific deadlines for how long a stage can last - to serve a sentence or to conduct investigative actions - does not exist, "she explains.

At the same time, Sidorkin notes, if the investigator needed to bring the accused to Penza for a day or two, the FSIN would easily carry out this task. "The decision, in what time frame and where to deliver, is taken by the investigator, and the investigation and the FSIN, of course, have agreements on this matter. For example, my client[accused of participating in the battalion of the banned "Right Sector" Denis]Bakholdin was taken from Bryansk to Moscow for a day, and then back - for one more. And if there is no indication from the investigation, they can pull the bagpipes with delivery as much as they want. But the fact that there are no specific terms in the legislation is unambiguous. It is also not specified anywhere, in which cases the participation in the escort can be taken by the staff of operational services, as was the case with Pchelintsev - these are their internal service documents,

What is the Russian stage. Testimonies
"We went to Samara for four days without bed linen, in the same clothes, without everything. They did not even give us the opportunity to brush our teeth. It was forty degrees, and in the tank and in the toilet there was no water. Forty degrees. The train stopped and a fire engine arrived. She doused the Stolypin with water - it was all wrapped in steam. After fifteen minutes, we again began to suffocate. It's just an iron box, "recalled Gennady Afanasyev, convicted in the case of" Crimean terrorists, "who was sent from Rostov-on-Don to the Komi colony after his release.

Afanasyev was taken almost as long as Boyarshinov, Filinkov and Shishkin - five weeks. Prison wagons - the so-called "Stolypins" - are attached to ordinary passenger trains and delivered to their destination, depending on the availability of trains. At each stage of transportation, prisoners are transferred to a transit isolator and searched. Sometimes the process of search is extended for the whole day.

According to Amnesty Inetrnational , which prepared a report on the transfer in Russia, the standards for the transportation of prisoners are set out in the order of the Ministry of Justice and the Ministry of Internal Affairs of May 24, 2006, the content of which can be judged by judicial decisions. According to this document, in large cells (size 3.5 square meters) special wagons can hold up to 12 people, in small (two square meters) - up to five, and with a travel time of less than four hours, these rates increase to 16 and six, respectively. However, in practice, the order is not fulfilled - so, the prisoner Alexander Melnikov in conversation with human rights activists recalled a trip with 19 neighbors over a large cell.

Vladimir Pereverzev, convicted in the YUKOS case, recalled the eternal overcrowding of the cars. "People climb up and fit on the upper shelves. At the bottom, on the lower shelves, five persons fit comfortably. Free space between the benches and under them is filled with trunks. Eighteen people are packed in the compartment! Tightness, very stuffy. According to the instructions, the convoy can open windows only while the train is moving. Bring to the toilet - also only while driving. The end of July is in the yard, the heat is incredible, - he wrote in his book. -[Wagon]goes its own route, it is attached to one train, then to another. We are going to Vladimir, the road to which takes almost a day. I'm all sticky with sweat, thoroughly soaked with cigarette smoke, stupefied with stench and empty conversations, everything was crammed with hours of sitting in one position. This is a real torture, which I will remember with horror. "

In addition to the lack of hot food - water for brewing fast food is more often served cold - all prisoners interviewed by Amnesty complained about the deprivation of medicines and basic amenities. "The problem is not the availability of water, but how often you are taken to the toilet. I was very tormented because they said that they would not take us to the toilet at night. Later I learned what I should do. Prisoners take plastic bags with them, and if it turns out, they are also plastic bottles. I survived, but it was an extremely stressful situation. I suffered. I was then 49 years old. With water, too, there are problems, but people try not to drink. If I had known this before, I would have stopped drinking, I would have followed the consumption of water. It is better to suffer from thirst than to suffer in the train, "- said the prisoner Dmitry Vasiliev.

Since prisoners are not allowed to have a watch at the stage, there are no windows in the "stolypin", and the grill separating the cameras from the corridor lets only the dim light go out, it is difficult to follow the time at the stage. Communication with the outside world on the road disappears completely, as attorney Cherkasov explains, the notice of the prisoner's arrival in the SIZO is sent to his relatives only from the end point of the stage, however, as it goes by mail, it can take a long time to wait for the notice, so lawyers and relatives take various tricks to find out where the prisoner is - for example, try to make transmissions or send emails through the service "FSIN-Letter." In this case, the prisoners themselves learn that they go to the stage only when they are given the command to collect things "on the way out."

Unable to rest the prisoners and in the transit points of the stage. According to lawyer Sidorkina, intractable prisoners are often specifically sent to transit jails with a bad reputation - those whose employees are particularly inhumane. "In my opinion, this transfer is Kirov. There, Boris Stomakhin was forced to strip naked, squat around surrounded by a bunch of people, which, given Stomakhin's physique, was especially mocking; threatened to rape him with a baton, specially mocked him with a beard - on the one hand shaved, because he did not want to shave, called a woman, humiliated. Therefore, Stomakhin knows that Kirov's shipment is a separate hell, they feed poorly, do not give anything, they take everything away, humiliate. When Kolchenko and Sentsov walked along the stage, Sasha told me that when they were walking along the stage with the other zeks, he said,

"The stage, duration, getting into a certain transfer - this, of course, can be used as a tool for exerting pressure. This is a period of lawlessness, lawlessness, the period when they use[those]that they have no right to give any information, so to monitor, it is impossible to control where and how[the prisoner]moves, and in these conditions they can do whatever they want " , - she concludes.

Nikita Sologub.

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