Source: www.forum18.org
Date: March 7, 2023
The criminal trial of Tomsk Christian and musician Anna Chagina on charges
of repeatedly "discrediting" the Armed Forces is due to begin on 15 March.
She is being tried for social media posts opposing Russia's war in Ukraine,
having already received a fine in 2022 for her poster at an anti-war
protest which read "Blessed are the peacemakers (Matthew 5:9)". Tomsk
Region Investigative Committee refused to discuss the case. The criminal
trial of St Petersburg Orthodox priest Fr Ioann Kurmoyarov is due to resume
on 10 April.
RUSSIA: Tomsk musician's criminal trial to begin 15 March
https://www.forum18.org/archiv
By Victoria Arnold, Forum 18
On 15 March, Judge Roman Zaynulin of Soviet District Court in the Siberian
city of Tomsk is due to begin the criminal trial of Anna Chagina, according
to the court website. If convicted, the 43-year-old Christian, a musician
and teacher, faces a maximum three-year jail term or a large fine on
charges of "discrediting" the Russian Armed Forces more than once in one
year.
Chagina's first (administrative) conviction was for displaying a poster
reading "Blessed are the peacemakers" at an anti-war protest in Tomsk in
March 2022, just two days after the new offence of "discreditation" came
into force (see below).
Investigators subsequently accused Chagina of posting anti-war materials on
social media and charged her under Criminal Code Article 280.3 (see below).
Chagina's online posts included reposting an anti-war petition by Russian
Orthodox clergy, online debates on the war from a Christian perspective and
updates on the criminal prosecution of Orthodox priest Fr Ioann Kurmoyarov
in St Petersburg. It remains unclear exactly which of her social media
posts form the basis of the prosecution case (see below).
The Investigative Committee detained Chagina for one day after searching
her flat in Tomsk at the end of November 2022. Since then, she has been
under specific restrictions, including a ban on using the internet, and
latterly a non-disclosure agreement preventing her from discussing the
investigation. Witnesses in the case have also had to sign such agreements
(see below).
"It was important for me to convey my position to people," Chagina told the
Govorit Ne Moskva media project (which specialises in regional stories)
through friends in December 2022, before she or they signed the
non-disclosure agreements. "I am mentally prepared for the fact that the
state will punish me for this. As far as I understand, I face either a
prison term or a huge fine. I'm not afraid of either" (see below).
Forum 18 wrote to Tomsk Region Investigative Committee to ask why
expressing religion-based opinions on events in Ukraine should be
considered "discreditation" of the Russian Armed Forces, and on which
specific social media posts the case against Chagina was based. "Taking
into account the interests of the investigation, it is not possible to
answer your request," it responded. It added that all information about
preliminary investigations that it is legally permissible to make public is
published on the Investigative Committee's website. The website has given
no information on Chagina's case (see below).
The Investigative Committee has not explained why Chagina and witnesses in
the case were required to sign non-disclosure agreements (see below).
Meanwhile, the trial continues at St Petersburg's Kalinin District Court of
Orthodox priest Fr Ioann Kurmoyarov on charges of disseminating "knowingly
false information on the use of the Armed Forces". On 6 March, he was
brought to court for his latest hearing from St Petersburg's Kresty-2
prison (where he has been held since his arrest in June 2022). The judge
adjourned the hearing until 10 April because Kurmoyarov's lawyer Luiza
Magomedova was unwell (see below).
Other prosecutions for opposition to the war based on faith
The first person to be charged under Criminal Code Article 280.3 ("Public
actions aimed at discrediting the use of the Armed Forces of the Russian
Federation in order to protect the interests of the Russian Federation and
its citizens, [and] maintain international peace and security") for
opposition to the war based on faith was Fr Nikandr Pinchuk. He was fined
in October 2022 (https://www.forum18.org/archi
social media post condemning the "horde of the Antichrist" attacking
Ukraine.
Three individuals have also faced prosecution under Criminal Code Article
207.3 ("Public dissemination, under the guise of credible statements, of
knowingly false information on the use of the Armed Forces of the Russian
Federation", also adopted in March 2022 – see below) for opposition to
the war based on faith:
- ROCOR priest Fr Ioann Kurmoyarov is currently on trial in St Petersburg
(see below);
- Moscow Patriarchate priest Fr Aleksandr Dombrovsky, who had repeatedly
preached against the war in Ukraine in his sermons and who has left Russia
(https://www.forum18.org/archi
- Nina Belyayeva, a Communist municipal deputy and Baptist, who during a
District Council meeting called Russia's invasion a war crime and who has
also left Russia (https://www.forum18.org/archi
Russia's government has used a range of tactics to pressure religious
leaders (https://www.forum18.org/archi
supporting the renewed invasion of Ukraine from 24 February 2022. These
tactics include warnings to senior and local religious leaders, and
prosecuting and fining religious believers and clergy who have publicly
opposed the war. It is unclear what effect this has had on religious
believers who may have considered making a public protest against the war.
Similar warnings and prosecutions have been used against many Russians who
express opposition to the war for any reason.
Among the thousands of Russians detained and taken to court for protesting
against the war, a small number have done so from a religious perspective
or using explicitly religious imagery. Among them was Moscow Patriarchate
Deacon Sergey Shcherbyuk. A court in Samara fined him about one month's
average local wages (https://www.forum18.org/archi
in April 2022 for "discrediting the Russian armed forces" in conversations
with parishioners and colleagues. One of them apparently reported him to
the Interior Ministry.
One year of new offences
It is now one year since President Vladimir Putin signed into law new
penalties for criticising Russia's actions in its war against Ukraine.
These include the new Administrative Code Article 20.3.3
(https://www.forum18.org/archi
aimed at discrediting the use of the Armed Forces of the Russian
Federation"), which is used against apparently any form of anti-war
statement either in public spaces or online, and the new Criminal Code
Article 207.3 (https://www.forum18.org/archi
("Public dissemination, under the guise of credible statements, of
knowingly false information on the use of the Armed Forces of the Russian
Federation"). The amendments came into force on 4 March 2022.
If individuals commit an offence covered by Administrative Code Article
20.3.3 more than once within twelve months, they may be prosecuted under
the new Criminal Code Article 280.3
(https://www.forum18.org/archi
aimed at discrediting the use of the Armed Forces of the Russian Federation
in order to protect the interests of the Russian Federation and its
citizens, [and] maintain international peace and security").
As of 23 February 2023, there had been 139 prosecutions under Criminal Code
Article 207.3 and 49 under Criminal Code Article 280.3, according to human
rights group OVD-Info
(https://data.ovdinfo.org/svod
This is out of a total of 447 criminal prosecutions for anti-war
activities. Police and other investigative agencies also use other Criminal
Code Articles against people protesting against the war – such as Article
213 ("Hooliganism"), Article 214 ("Vandalism"), and Article 318 ("Violence
against the authorities") – but are not yet known to have done so to
punish anyone protesting from a religious perspective.
Also as of 23 February, police had initiated 6,003 cases under
Administrative Code Article 20.3.3, according to Russian independent media
outlet Mediazona (https://zona.media/news/2023/
Between 24 February 2022 and 23 February 2023, OVD-Info recorded 19,586
detentions of people protesting against the invasion of Ukraine and
latterly against the "partial mobilisation" (announced on 21 September
2022).
The State Duma is currently considering a new draft law which would
increase punishments under both Criminal Code Article 207.3 and Article
280.3, and make them apply to criticism not only of the regular Armed
Forces, but also of "volunteer formations, organisations and individuals
who assist in the fulfilment of tasks assigned to the Armed Forces of the
Russian Federation" (that is, private military outfits such as Wagner).
Under Criminal Code Article 280.3, Part 1, the maximum prison sentence
would be raised from 3 years to 5 years – under Part 2 (the same offence
if resulting in "death by negligence", harm to health or property, or mass
public disorder), from 5 years to 7 years.
Under Criminal Code Article 207.3, Part 1, the maximum prison sentence
would be raised from 3 years to 5 years.
According to the Duma's online records, the bill passed its second reading
on 2 March. It is due for a third reading on 14 March, Duma speaker
Vyacheslav Volodin noted on his Telegram Channel on 1 March.
Tomsk: Fine for "Blessed are the peacemakers" poster
Christian Anna Sergeyevna Chagina (born 29 November 1979), a viola player
and music teacher from the Siberian city of Tomsk, opposed Russia's renewed
invasion of Ukraine, launched in February 2022.
Her first offence of "discreditation" took place on 6 March 2022 on
Novo-Sobornaya Square in central Tomsk, where about 100 people had gathered
to protest against Russia's invasion of Ukraine. Chagina held a poster she
had made: "Blessed are the peacemakers (Matthew 5:9)".
Police detained twenty of the protestors, including Chagina, and charged
them under the new Administrative Code Article 20.3.3 ("Public actions
aimed at discrediting the use of the Armed Forces of the Russian
Federation"), which had entered legal force two days before.
A judge at Tomsk's Soviet District Court convicted her under Administrative
Code Article 20.3.3 on 12 March 2022 and fined her 45,000 Roubles, about
three weeks' average local wages.
"I consider myself innocent of any charges, and no matter how tomorrow's
hearing ends, I remain calm," Chagina commented on her VKontakte page on 11
March 2022. "To call for peace, to call for it with all my heart, to call
on everyone's open heart, to call for reason, to sow what is good and
eternal is my human and professional duty."
"I sincerely believe that what is happening with our planet is in our
hands. War starts the moment we forget our responsibility. When we think
that 'it will manage itself somehow', 'it will work out', 'it will pass,
'you can wait it out', 'it does not concern me', 'nothing depends on me'."
(Chagina also attended protests against the Russian annexation of Crimea in
2014, in support of jailed opposition leader Aleksey Navalny in 2021, and
against the "partial mobilisation" in September 2022. Before a concert in
March 2022, she spoke out against the war on stage and played a Ukrainian
song.)
According to Tomsk's Soviet District Court's written decision of 12 March
2022, seen by Forum 18, Chagina "took part in an illegal public event in
the form of a rally, the purpose of which .. was to form a negative opinion
among bystanders and the population of Tomsk regarding the special military
operation of the Armed Forces of the Russian Federation".
"Aware that those gathered were united by a single plan to undermine
confidence in the decisions of the state authorities of the Russian
Federation to conduct a special military operation to save Donbas," the
court decision added, Chagina "shouted slogans on the subject of the event,
held a poster of a similar content, and, not responding to the explanations
of police officers about the illegal purpose of the event or their demand
to disperse, thereby committed an administrative offence".
In court, Chagina did not deny holding a poster, but argued that she had
been carrying out an individual picket (which is legally permitted without
official authorisation). She said in her written statement that she had
made the "Blessed are the peacemakers" poster herself and had displayed it
in order to "express her civic position".
Chagina appealed unsuccessfully at Tomsk Regional Court on 8 April 2022.
Tomsk: Criminal case
During 2022, Anna Chagina continued to post material on her page on the
VKontakte social media site opposing Russia's war in Ukraine.
On 8 March 2022, Chagina reposted the full text of the anti-war open letter
(https://docs.google.com/forms
of 1 March 2022, ultimately signed by nearly 300 Russian Orthodox clergy.
On 12 May 2022, she wrote that she had herself signed human rights activist
Lev Ponomaryov's change.org petition against Russia's invasion of Ukraine.
Pavel Levushkan is a Lutheran pastor and commentator from Latvia, who is
based in Riga but has previously served in Tomsk. Nikolay Karpitsky is a
religious philosopher from Tomsk who now lives in Slovyansk in Ukraine. On
her VKontakte page, Chagina linked to a YouTube video of the two men
discussing the theme of hatred ("How to process your hatred, find cool
resolve [obresti kholodnuyu reshimnost] and remain yourself") as part of
the series "War from the point of view of religion" on Karpitsky's channel.
Chagina also reposted other videos from this series.
Chagina's posts also include supportive comments about other Russians
prosecuted for "discrediting" or "disseminating false information" about
the Russian Armed Forces, Karpitsky's descriptions of wartime life in
Ukraine, comments on the war from the Vatican, and media articles about Fr
Ioann Kurmoyarov (currently on trial in St Petersburg for opposing the war
– see below).
State media regulator Roskomnadzor blocked Chagina's VKontakte page on 3
September 2022 at the request of the General Prosecutor's Office.
Chagina "considers herself a Christian, is interested in religious
philosophy, and insists that Russian Orthodoxy has nothing to do with the
Russian Orthodox Church and its support for the war with Ukraine", the
media outlet Govorit Ne Moskva (which specialises in regional stories)
summarised her position.
In summer 2022, Chagina had begun to notice that she was being followed.
After her arrest in autumn 2022, the investigator remarked that all the
local police already knew her, Govorit Ne Moskva noted in December 2022.
On 23 November 2022 (according to court documents seen by Forum 18), Tomsk
Region Investigative Committee opened a criminal case against Chagina.
According to Govorit Ne Moskva, the Investigative Committee's grounds for
initiating the case appeared to be some of Chagina's comments on her
VKontakte page, as well as her reposting of texts by Pavel Levushkan and
Nikolai Karpitsky. It remains unclear exactly which social media posts form
the basis of the prosecution case.
The Investigative Committee searched Chagina's home early on 30 November
2022. The investigators "behaved calmly – they did not turn the flat
upside down", according to Govorit Ne Moskva, which communicated with
Chagina through friends before their non-disclosure agreements. The
officers "carefully examined books, sheet music, and musical literature"
and confiscated electronic devices.
Investigators detained Chagina for one day after the early-morning search
of her home. She has since been at home under a night-time curfew and
restrictions on communication.
At her interrogation, Chagina refused to answer questions and stated that
she did not plan to plead guilty. The Investigative Committee charged her
the same day under Criminal Code Article 280.3, Part 1.
On 1 December 2022, Tomsk's Soviet District Court upheld the investigators'
request to have Chagina placed under specific restrictions. According to
the court document, seen by Forum 18, these comprise a 10pm-6am curfew and
bans on sending and receiving correspondence ("including letters,
telegrams, parcels, and electronic messages"), using the internet, and
attending public events. She was freed from detention in the courtroom.
Forum 18 wrote to the Tomsk Region Investigative Committee to ask why
expressing religion-based opinions on events in Ukraine should be
considered "discreditation" of the Russian Armed Forces, and on which
specific social media posts the case was based. The press office first
directed Forum 18 to the federal-level Investigative Committee in Moscow,
but later stated on 27 February that "Taking into account the interests of
the investigation, it is not possible to answer your request". It added
that all information about preliminary investigations that it is legally
permissible to make public is published on the Investigative Committee's
website.
Chagina's case is as yet not mentioned on either the Tomsk Region or the
federal Investigative Committee's news pages.
The Investigative Committee has not explained why Chagina and witnesses in
the case were required to sign non-disclosure agreements.
Tomsk: Criminal trial due to begin on 15 March
Anna Chagina is due to appear in court on 15 March on charges of repeatedly
"discrediting" the Russian Armed Forces. She is the fifth person to face
criminal prosecution for opposing the war on the basis of her religious
beliefs, and the second to be charged under Criminal Code Article 280.3,
Part 1 ("Public actions aimed at discrediting the use of the Armed Forces
of the Russian Federation in order to protect the interests of the Russian
Federation and its citizens, [and] maintain international peace and
security").
Soviet District Court in Tomsk registered Chagina's case on 2 March 2023,
according to its website, assigning it to Judge Roman Zaynulin. The court
has scheduled the first hearing in her trial for 15 March. Investigators
have had Chagina and witnesses in the case sign agreements not to disclose
any information about the investigation.
"It was important for me to convey my position to people," Chagina told the
Govorit Ne Moskva media project through friends in December 2022, before
she or they signed the non-disclosure agreements. "I am mentally prepared
for the fact that the state will punish me for this. As far as I
understand, I face either a prison term or a huge fine. I'm not afraid of
either."
If convicted, Chagina could be imprisoned for up to three years or fined up
to 300,000 Roubles. Even if she receives a fine, she may not remain
undisturbed thereafter, because "she is unlikely to give up on expressing
her [anti-war] convictions openly", her acquaintance Maksim Yevstropov
(founder of activist art project Party of the Dead) told Govorit Ne Moskva
from outside Russia, adding that new charges could be brought for "the
slightest reason".
Fr Kurmoyarov's trial due to resume on 10 April
The trial continues at St Petersburg's Kalinin District Court of Orthodox
priest Fr Ioann Kurmoyarov (born Dmitry Valeryevich Kurmoyarov, 8 January
1968) under Criminal Code Article 207.3 ("Public dissemination, under the
guise of credible statements, of knowingly false information on the use of
the Armed Forces of the Russian Federation").
On 6 March, Fr Ioann was brought to court for the latest hearing from St
Petersburg's Kresty-2 prison, where he has been held since his arrest in
June 2022 (https://www.forum18.org/archi
adjourned the hearing until 10 April because Fr Ioann's lawyer Luiza
Magomedova was unwell, according to court records.
Fr Ioann – a member of a branch of the Russian Orthodox Church Outside
Russia which is not in communion with the Moscow Patriarchate – is on
trial for posting videos on his YouTube channel
(https://www.forum18.org/archi
criticises the Moscow Patriarchate's support for the war, suggests the
"aggressors" will not go to heaven, and argues that "Every condemnation of
this aggression, this war on Ukraine, is a spiritual matter. All Christians
should do it on principle."
St Petersburg Investigative Committee did not answer Forum 18's October
2022 questions (https://www.forum18.org/archi
why the expression of religious views on war in general and in Ukraine is
considered "false information" about the Russian armed forces, and why it
was considered necessary to put Fr Ioann in detention.
In August 2022, Darya Lebedeva, head of the joint court system press
service for St Petersburg, insisted to Forum 18
(https://www.forum18.org/archi
be held in detention because: "if at liberty and not isolated from society,
Kurmoyarov may continue his criminal activity, conceal himself from
investigators and the court, destroy evidence and otherwise interfere with
the criminal proceedings". (END)
Full reports on freedom of thought, conscience and belief in Russia
(https://www.forum18.org/archi
For more background see Forum 18's survey of the general state of freedom
of religion and belief in Russia
(https://www.forum18.org/archi
18's survey of the dramatic decline in this freedom related to Russia's
Extremism Law (https://www.forum18.org/archi
A personal commentary by the Director of the SOVA Center for Information
and Analysis (https://www.sova-center.ru), Alexander Verkhovsky, about the
systemic problems of Russian "anti-extremism" laws
(https://www.forum18.org/archi
Forum 18's compilation of Organisation for Security and Co-operation in
Europe (OSCE) freedom of religion or belief commitments
(https://www.forum18.org/archi
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