Eduard Malyshevsky and Nikita Chirtsov, charged over alleged ‘riots’ in Moscow, are political prisoners, Memorial says
The origin of the violence and ‘riots’ on 27 July 2019 in Moscow lay in the actions of law enforcement officers who attacked peaceful members of the public
Memorial Human Rights Centre, in line with international guidelines defining the term ‘political prisoner,’ considers Eduard Malyshevsky and Nikita Chirtsov political prisoners. We demand their immediate release and that those responsible for their unlawful prosecution be held to account. We also demand the prosecution of those responsible for the violent dispersal of peaceful protests by critics of the authorities in Moscow and other regions of Russia.
The charges
On 30 July 2019 a criminal investigation was opened into rioting in Moscow that allegedly took place on 27 July 2019 during a protest against the refusal to allow opposition candidates to take part in elections to the Moscow City Duma. The protest was attended by many thousands but had lacked ‘official permission.’ Sixteen persons have been charged.
Eduard Malyshevsky and Nikita Chirtsov were the last to be detained (on 30 August and 2 September, respectively). They have been charged under Article 318, Section 1, of the Russian Criminal Code (‘Using force against a public official without endangering life or health’).
Malyshevsky, according to the investigation, smashed a window in a police bus, the glass falling onto police officer D. Astafiev and causing him pain.
Chirtsov, according to the Investigative Committee, pushed a police sergeant, causing him pain.
Why Memorial holds Malyshevsky and Chirtsov to be innocent
The facts of ‘violence’ with which Eduard Malyshevsky and Nikita Chirtsov have been charged are essentially no such thing. Clearly, in smashing the window of a police van Malyshevsky had no intention to use force, and police officer D. Astafiev, who allegedly felt pain from the glass falling on him, testified that he received no injury. It is also impossible to consider the pushing of police sergeant by Nikita Chirtsov an act of violence. Moreover, it must be taken into account that these incidents took place in a spontaneous reaction to the unlawful violence of the police against demonstrators.
Memorial’s representatives were at the scene of the events on 27 July 2019 and have carefully examined video recordings of the protest, including the ‘clashes’ between demonstrators and police and other materials of the case. We are convinced that the protest was peaceful in nature.
According to Article 31 of the Russian Constitution, freedom of peaceful assembly is one of the most important civic rights. The authorities must facilitate the conduct of assemblies and protect their security. On 27 July 2019 they did the opposite: they hindered a peaceful protest, broke it up, detaining some 1,500 participants and using force. Unlawful obstruction of the conduct of a rally, demonstration or assembly is punishable under Article 149 of the Russian Criminal Code by deprivation of liberty for up to three years.
Political motive
We are certain that the conduct of the criminal investigation has been intended by the authorities to intimidate participants in protests with a view to ending such protests, and in order to intimidate the opposition.
Members of the opposition who were jailed were practically declared guilty in advance of any court hearing. The mayor of Moscow, and also, indirectly, the press secretary of the President of Russia, declared there had been riots in Moscow, thereby putting pressure on the law enforcement agencies and the courts. State television and other pro-government media reported the falsehood that there had been ‘rioting’ and branded the protesters as criminals.
The fact that charges against a number of individuals have been dropped under pressure from the public only confirms that these charges were based not on law but were politically motivated.
Read more about this case here.
Recognition of an individual as a political prisoner, or of a prosecution as politically motivated, does not imply that Memorial Human Rights Centre shares or approves the individual’s views, statements or actions.
