Friend of my enemy and enemy of my enemy
Putin's regime has never liked independent advocacy before. But in court, he maintained a veneer of fair trials, acknowledging that lawyers are not accomplices in crime, but people whose job it is to defend the accused. Now all conventions are dropped. In political cases, the security forces and the courts consider lawyers to be accomplices and treat them accordingly.
In 2022, OVD-Info lawyer Mikhail Biryukov defended Memorial, politician Ilya Yashin (8.5 years in prison for broadcasting in which he spoke about the killings of civilians in Bucha), politician and publicist Leonid Gozman, activist Mikhail Lobanov, defendants in the Vesna case, lawyer Dmitry Talantov, deputy Alexei Gorinov. Biryukov is a very talented and experienced lawyer, but in these cases he had no chance of success. Their outcome was politically predetermined. The lawyers had no chance of success in other landmark cases – Sasha Skochilenko, Andrey Pivovarov, Vladimir Kara-Murza, Ivan Safronov, Dmitry Ivanov, Artem Kamardin, Ketevan Kharaidze, Pavel Krisevich. It is also impossible to get the acquittal of the defendants in numerous “censorship” cases (for phrases like “no war”). The investigation considers obviously guilty everyone who expresses a position that differs from the official one.
The investigation considers obviously guilty everyone who expresses a position that differs from the official one.
The case of deputy Gorinov , who received a 7-year sentence for criticizing the war (in fact, for the phrase “children are dying in Ukraine”) after a five-day investigation, has become a symbol of violation of legal norms. The severity of the accusation was reinforced by the “use of official position” – what Gorinov called for stopping the war at a meeting of the municipal council.
In 2022, the government decided that those who help its political opponents are its enemies, Mikhail Biryukov said during a recent conversation about the violation of the rights of lawyers. And since Putin's government identifies itself with Russia, its enemies are "enemies of Russia." Lawyers Biryukov and Vadim Prokhorov take an "anti-Soviet … anti-Russian position," the prosecutor, about 35 years old, who had barely caught the USSR as a child, said in the trial against Yashin.
The Putin system has made the court an instrument of the executive power, a “judicial department” that issues punishments to those whom the government has designated as criminals. Independent lawyers defending "political criminals" do not fit into this system at all, especially after Russia's withdrawal from the Council of Europe and from the jurisdiction of the ECtHR. Now you do not even need to pretend to comply with legal norms. Lawyers delay the consideration of cases, ask uncomfortable questions, inform the public about court incidents and "blunders" that are full of political processes.
After Russia's withdrawal from the Council of Europe, there is no need to even pretend to comply with legal norms
But there are also “ideal” lawyers. Igor Vagin and Dmitry Ershov themselves came to the Investigative Committee and went to the "DPR" to participate in the process against foreign prisoners of war sentenced to death. It's hard to call it protection. Lawyers were needed by the “investigative-judicial department” so that the “enemies of Russia” would not say that the prisoners were deprived of judicial protection. However, the defense was extremely formal: Vagin and Ershov showed solidarity with the prosecution in every possible way.
The work of Vagin and Ershov, as well as other “lawyers by appointment”, is paid not by clients, but by the state. Such lawyers often play the role of extras , using far from all the means and methods of protection. In fact, many of them do not work for their clients, but for the state, and have close ties to law enforcement officials. The readiness to act in the interests of the investigation allows such lawyers to receive more cases in which they do not teach the accused to testify, do not dissuade them from confessing guilt, do not look for procedural errors of the investigation, but “serve the number”. This speeds up court proceedings and makes such lawyers "pocket", convenient for the investigation.
Vagin and Ershov at every opportunity showed contempt, mocked, criticized their clients. In an ideal scenario for Putin's state, the lawyers for Navalny, Yashin, Kara-Murza and other "political criminals" whom the authorities are prosecuting as violators of the Criminal Code should have behaved in exactly the same way.
The ideal lawyer for Putin is similar to the lawyers of Stalin's times : they understood the "political essence of the matter" and did not prevent the courts from "mass strikes against class enemies", they were assistants to the prosecution and the court. Then the state and the party put lawyers under control, made them loyal, deprived them of procedural rights (they did not allow them to communicate confidentially with the defendants and did not allow them to pre-trial procedures).
Stalin and the party put lawyers under control, made them loyal, deprived them of procedural rights
Already during the first political demonstration trial of the Right SRs in 1922, lawyers left the process with the words “Woe to that country, woe to that people who disrespect the law and laugh at the people who defend this law” – and were soon repressed. Under Stalin, lawyers could not protect not only their clients, but also themselves. About 400 lawyers were repressed , many of them not for advocacy, but simply along with other citizens of the USSR on trumped-up charges .
Lawyers under investigation
In 2022, lawyers began to be repressed in Russia as well. Significant was the persecution of Dmitry Talantov, president of the Bar Association of Udmurtia. Because of three posts on Facebook, he was charged with spreading false information about the actions of the Russian army in Ukraine and "extremism" – "inciting hatred and enmity" using his official position.
Talantov published reports about the massacres of civilians on the territory of Ukraine by the Russian military and formed a "negative, contemptuous attitude towards President Putin and his policies." Talents in custody for six months. His arrest could have been "revenge" for defending journalist Ivan Safronov on charges of treason. The UN Human Rights Committee, the International Bar Association and Amnesty International called for Talantov's release.
Other lawyers who oppose the war are also unacceptable to the authorities. Kaliningrad lawyer Maria Bontsler was fined twice for "publicly discrediting the army" in court speeches while defending participants in anti-war protests. The Regional Bar Association supported Bonzler, and the informers were judges who did not like Bonzler's phrases like "Russia attacked Ukraine." Laws that prohibit talking openly about the war force lawyers to condemn their clients, said lawyer Yekaterina Selizarova, who defended Bonzler. Lawyers “by appointment” would not raise objections, but independent defenders cannot work like that. In general, the lawyer corporation is split: some oppose it, others do not support the war, but are afraid to say a word, others write denunciations against colleagues and carry out all the instructions of the authorities.
The law firm is split: some oppose, others are afraid to say a word, others write denunciations against colleagues
Ufa lawyer Sergei Makarenko was fined for the “No to war” badge and the phrase “Glory to Ukraine.” Krasnoyarsk lawyer Nikolai Munsky was prosecuted for supporting Alexei Navalny. Krasnodar lawyer Aleksey Avanesyan was accused of violating the non-disclosure agreement – despite the fact that it was given after the texts published "in violation of the subscription" were published in the media. Avanesyan's client is accused of "rehabilitating Nazism" (he approached the monument to those who died in local wars and pretended to use a wrestling technique).
The Ministry of Justice demanded that the Krasnodar Chamber of Advocates deprive Mikhail Benyash of the status of lawyer for "disrespect" and negative statements about the bar, the court, the executive branch, and especially for comparing Putin with Hitler and information "aimed at destabilizing the socio-political situation" (all this was found in the entries in the Benyash channel in the Telegram channel). Prior to that, he was appointed a foreign agent and was accused of obstructing justice and "attacking employees of the Ministry of Internal Affairs." Benyash was collectively defended by several lawyers and was struck by the blatant violation of legal principles in this case. Due to the status of a “foreign agent”, the lawyer is removed from cases.
In 2022, lawyers often faced ridiculous accusations, violence and violation of their rights. Lawyer Prometei Yefimov, 76, was accused of disobeying police orders; he looked "offensive to human dignity." Lawyer Georgy Krasnov was detained on the day of the rally against mobilization in Yekaterinburg, although he was at a distance from the protesters, where he came in case the detained journalists needed legal assistance.
During the days of mass actions due to the announcement of the “Fortress” plan, some lawyers specifically went to protests in order to be detained: this is the only opportunity to be inside the paddy wagon, and often in the police department. For years, lawyers have been fighting against the police and the Federal Penitentiary Service, which, on the basis of internal instructions, prohibit access to police departments and colonies with telephones.
Some lawyers specifically went to protests to be detained: this is the only way to be in a paddy wagon
Lawyers also interfere with the mobilization. The military commissar of Moscow threatened to prosecute lawyers for "complicity in evading service." The military commissar suggested that the Moscow Chamber of Advocates explain to lawyers the inadmissibility of such assistance. The chamber clearly answered the military commissar that consultations on mobilization issues are absolutely legal. The observance of the law during mobilization is of much less interest to the state than the recruitment of a large number of soldiers. Therefore, the authorities are trying to intimidate lawyers, considering them, as in political cases, accomplices of criminals. Violence is now more frequently used against lawyers. One such case ended in the dismissal of a police officer . Another lawyer was beaten right in the Moscow military enlistment office.
Get out of the profession!
The actions of the security forces against the lawyers in the case of Ivan Safronov were very tough . They were not allowed to participate in the interrogation, and when the defenders refused to sign a non-disclosure agreement, the Ministry of Justice sent all Safronov's defenders to the lawyers' chambers with demands to initiate disciplinary proceedings against them. Then the investigation completely classified Safronov's case. For telling reporters about the circumstances of the Safronov case, a case was initiated against Ivan Pavlov, which forced him to leave Russia. Pavlov headed Team 29 and defended Navalny, Safronov, Karina Tsurkan and others accused of treason and disclosing state secrets. By suspending Pavlov's legal status, the FSB succeeded in getting him expelled from work on such cases.
After Pavlov, Dmitry Talantov entered the Safronov case, to whom the FSB also took revenge with a personal file. The authorities clearly show that there is a category of defendants who do not need to be protected.
Not only Pavlov, the authorities are trying to throw him out of the profession. By depriving a lawyer of the status, one can forbid him to be a representative in court, even in civil cases. Initially, this rule was supposed to protect clients from unscrupulous lawyers. But now the state can apply it to political opponents like Mikhail Benyash.
By depriving a lawyer of the status, one can forbid him to be a representative in court, even in civil cases
The government systematically persecutes Crimean lawyers Lily Gemedzhi, Rustem Kyalev and Nazim Sheikhmambetov, who defend those accused in political cases. She accuses the Crimean Tatars, whom the authorities suspect of disloyalty, of participating in the activities of the Hizb-ut-Tahrir organization. Gemedzhi, Kamilev and Sheikhmambetov defended the accused with the human rights organization Crimean Solidarity, publicizing the lawlessness in such cases. The founder of Crimean Solidarity, Server Mustafayev, was himself sentenced two years ago to 14 years in a strict regime colony, allegedly for participating in the activities of Hizb-ut-Tahrir.
Human rights defenders were denied legal status in Crimea. Having received status in Chechnya, they worked for some time in Crimea, but the security forces threatened to take away the status, calling the lawyers the organizers of extremist actions against the Russian authorities. The Chechen AP began the process of revoking the status, and the lawyers were denied transfer to the Crimean AP due to allegedly flawed status. In 2022, the Chechen AP deprived the status of three lawyers. Already after the deprivation of the status of lawyers, they began to accuse of "discrediting" the Russian army and organizing mass actions. Other Crimean lawyers who defended the detainees were also charged under the same articles.
The story of the deprivation of Gemedzhi, Kyalev and Sheikhmambetov of their lawyer status was extremely cloudy, but the hand of the FSB is very felt in it: the security forces knew about the upcoming expulsion of lawyers from the lawyer corporation before the lawyers' chambers. Disqualified lawyers are prohibited from serving in court. The principle “a friend of my enemy is my enemy” was fully implemented in the Crimean case several times in a row. Its further dissemination will make advocacy work in political cases impossible.
The principle “a friend of my enemy is my enemy” was fully implemented in the Crimean case
Putin's government is approaching the almost automatic recognition of its opponents as criminals. And she is ready to release her supporters from punishment for any crimes. And not only if they wash them away with blood, enrolling in the ranks of the "Wagnerites". In December, a stunning bill was adopted, exempting from liability for crimes in the occupied territories, if they are committed "in defense of the interests of the Russian Federation." This is already very close to the approach of the proletarian dictatorship: any sneeze against Soviet power is a crime, any action in its defense is good.
Boris Grozovsky, economic observer, author of the EventsAndTexts Telegram channel