The
Observatory has been informed about the sentencing of Mr Oleg
Orlov,
co-chair of Memorial Human Rights Defence Center (HRDC “Memorial”),
a member organisation of FIDH. A prominent figure in the defence of
human rights in Russia, Mr Orlov was awarded the
Sakharov
Prize for Freedom of Expression
in 2009, and in 2012 the Moscow Helsinki Group Award for his
"historic contribution to the defence of human rights and the
human rights movement”.
On
February 27, 2024, the Golovinsky District Court of Moscow sentenced
Oleg Orlov to two years and six months of imprisonment in a
correctional colony of the general regime on politically motivated
charges of “repeatedly
discrediting” Russia’s
armed forces. The Court retained an aggravating circumstance on the
basis that the crime "was committed on the grounds of
ideological hostility against the social group 'servicemen of the
Armed Forces of the Russian Federation'" (Article 63 – 1(e) of
the Criminal Code). He was led from the courtroom in handcuffs
by a contingent of at least eight law enforcement officers and
subsequently transported to detention center № 7 "Kapotnia"
in Moscow. Orlov's lawyer intends to appeal against this decision.
The
Observatory recalls
that on March 21, 2023, the Investigative Committee of the Russian
Federation opened criminal proceedings against Oleg Orlov on the
charge of “public
actions aimed at discrediting the use of armed forces of the Russian
Federation” (Article 280.3 (1) of the Criminal Code). This
accusation is based on an
article written by Oleg Orlov titled “Russia:
they wanted fascism, they got it”
(“Russie
: ils voulaient le fascisme, ils l’ont
eu”)
published on the French blogging platform Le
Club de Mediapart
on November 13, 2022.
On
October 11, 2023, the Golovinsky District Court of Moscow
found
Oleg Orlov guilty
of “public
actions aimed at discrediting the use of armed forces of the Russian
Federation” and fined him 150,000 roubles (approximately 1,409
Euros).
Oleg
Orlov filed an appeal against this decision of the Golovinskiy
Distict Court, demanding acquittal. The prosecutor's office also
filed an appeal demanding three years' imprisonment for Orlov. On
December 14, 2023, the Moscow City Court examined both appeals and
decided to return the case to the Investigative Committee.
After
further investigation, the case was returned to the Golovinsky
District Court of Moscow, within a particularly short timeframe.
Orlov and his lawyer were given only five days to peruse the seven
volumes of the case and prepare a defence. In order to deliver the
indictment as quickly as possible, the investigator sent bailiffs
armed with automatic rifles to serve the documents to Orlov’s
lawyer instead of sending it by mail. This haste in the trial appears
to be prompted by the presidential elections due to be held on March
17, 2024.
The
second hearing held on February 27, 2024 took place in an accelerated
mode. Mr Orlov, who was labelled as “foreign agent” by the
Russian
Ministry of Justice on February 2, 2024, two weeks before the
trial, refused
to participate and read Franz Kafka's novel "The Trial",
expressing his opposition towards the politically motivated
proceedings. Due to this labelling as “foreign agent” Mr Orlov
was moreover constrained from involving witnesses, who would be at
risk of being declared ‘foreign agents’ too on the basis of their
cooperation.
The
Observatory recalls
that, in 2022, Oleg Orlov was fined five times for holding solitary
anti-war demonstrations to protest against Russia's invasion of
Ukraine.
The
Observatory strongly condemns the sentencing of Oleg Orlov, and calls
on the Russian authorities to immediately and unconditionally release
him, acquit him and to stop all acts of harassment, including at the
administrative and judicial levels, against him and all human rights
defenders and organisations in Russia.
The
Observatory further calls on the authorities in Russia to guarantee
in all circumstances the right to freedom of expression, as enshrined
in international human rights standards, and particularly in Article
19 of the International Covenant on Civil and Political Rights.
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