Lawyers and human rights activists considered the six-year sentence for Larisa Bochieva excessive.
In the extremism case against Larisa Bochieva, who was sentenced to six years in prison by a court in Makhachkala, there is no composition of a crime; the verdict will be appealed, said the lawyer. Given the lack of evidence, the court could have limited itself to a suspended sentence, human rights activists believe.
As reported by "Caucasian Knot", Larisa Bochieva (also mentioned in the media as Larisa Bachieva) was previously detained on charges of creating a cell of the extremist organization "USSR"*; her arrest was repeatedly extended. The court in Makhachkala refused to interrogate 20 out of 35 witnesses related to the case of the extremist organization; pressure is being exerted on the court by the prosecution and investigation, said Larisa Bochieva. The case against Bochieva is fabricated; however, achieving a fair verdict may take several years of legal proceedings, the lawyer believes.
People who consider themselves citizens of the USSR are an informal community; they unite in various organizations, said human rights activist Alexander Verkhovsky on March 6 to "Caucasian Knot". "These are different people who believe that the USSR continues to legally exist, while the Russian Federation does not. They unite in different organizations. From time to time, these organizations also split into parts," he explained. According to the human rights activist, several organizations of those who consider themselves citizens of the USSR have already been banned in Russia, but the abbreviation USSR is not always present in them. Dagestani supporters of radical left movements have not been noted for anti-Semitic outbursts and actions similar to those organized by supporters of the USSR* in other regions of Russia, said an expert from the "Sova" Research Center** and the deputy editor-in-chief of the publication "Chernovik", commenting on the case of Larisa Bochieva.
The court in Makhachkala sentenced activist Larisa Bochieva to 6 years of imprisonment.
The Soviet District Court of Makhachkala issued a verdict against local activist Larisa Bochieva, imposing a sentence of 6 years of imprisonment in a general regime colony.
Bochieva was charged under part 1 of article 282.2 of the Criminal Code of the Russian Federation (organization of the activities of a public or religious association, regarding which the court has made a decision on liquidation or prohibition of activities in connection with the implementation of extremist activities). According to the investigation and prosecution, she was the head of a local structural unit ("Makhachkala Executive Committee of People's Deputies of the USSR"), which law enforcement agencies linked to the interregional movement "Union of Slavic Forces of Rus" (recognized as extremist and banned in the Russian Federation in 2019). The activist was accused of holding meetings, conducting correspondence, and "obstructing the lawful activities of state bodies and electoral commissions," reported Larisa Bochieva's lawyer to the correspondent of "Caucasian Knot".
Bochieva's defense will appeal this decision.
"We will definitely appeal the verdict because we consider it absolutely unfair. The prosecution actually requested 8 years of real imprisonment. For comparison, 8 years of suspended sentence were requested for < the former official of the Russian Ministry of Defense Evgenia> Vasilieva, who was accused of embezzling 3 billion rubles. We insisted on full acquittal, pointing out that the local association of citizens had no relation to the banned organization in Komi, acted openly within the framework of the constitutional right to association, and the case completely lacked the legally required signs of extremism — violence or threats of its use," said Bochieva's lawyer Patimat Abdulaeva to the correspondent of "Caucasian Knot".
It is absurd to call Dagestanis "Slavic forces".
According to the lawyer, this case is entirely based on inadmissible evidence.
"The Dagestani association of citizens of the USSR was artificially and illegally linked to the decision of the Supreme Court of the Republic of Komi from 2019, which recognized the "Union of Slavic Forces of Rus" (Taraskin's organization) as extremist. By law, the territorial jurisdiction of cases on the prohibition of organizations is determined by the place of their activity. There is simply no decision of the Supreme Court of the Republic of Dagestan recognizing the local organization as extremist. Moreover, it is absurd to call Dagestanis 'Slavic forces'. In addition, according to the Resolution of the Plenary Session of the Supreme Court of the Russian Federation No. 11, criminal liability under article 282.2 of the Criminal Code of the Russian Federation is possible only after the official publication of information about the prohibition of the organization in the "Russian Newspaper". There is no evidence of such publication in the case materials. In the 28 volumes of the case, there is no written warning from the prosecutor's office to Bochieva about the inadmissibility of her activities, which is a mandatory pre-trial stage under the law "On Countering Extremist Activities,"" Abdulaeva emphasized.
This criminal case is a vivid example of pressure on civic activity.
She is confident that there is no composition of a crime in the case.
"Bochieva is accused of 'obstructing the activities of state bodies and electoral commissions.' However, article 1 of Federal Law No. 114 clearly states that these actions are recognized as extremism only if they are combined with violence or the threat of its use. There is not a single statement from citizens or officials that Bochieva threatened them or used violence. In addition, the investigation claims that Bochieva acted out of 'other personal interest, expressed in a desire to stand out from the general mass.' But the desire to be socially active is a natural right of a person. Larisa Bochieva was merely exercising her fundamental right to association, enshrined in article 30 of the Constitution of the Russian Federation. There was no 'conspiracy': participants met openly and conducted official correspondence with government authorities. This criminal case is a vivid example of pressure on civic activity. The entire evidence base crumbles under the slightest legal analysis," she emphasized.
The head of the Public Monitoring Commission of Dagestan Shamil Khadulaev is surprised by the severity of the punishment.
"The case is trivial, in fact. I think there was no need or grounds for such a verdict. It is clear that some verdict regarding her in this case should have been made, but not a real term, but a suspended one," he told the correspondent of "Caucasian Knot".
Perhaps the court was influenced by Bochieva's behavior in court; it was somewhat impulsive, emotional.
He suggests that the court may not have liked Bochieva's behavior.
"I heard her lawyer's speech in court. A wonderful speech, showing that she is not guilty in this process. But perhaps the court was influenced by Bochieva's behavior in court; it was somewhat impulsive, emotional. She has two children and a mother dependent on her. I hope the appeal will yield results," he noted.
A real term in such a case is demonstrative cruelty, believes the head of the "Civic Assistance" Committee** Svetlana Gannushkina**.
"The verdict against Larisa Bochieva raises great bewilderment and concern. To impose six years of real imprisonment in a case where there are no victims, no violence, and no real damage is excessive, demonstrative cruelty," she said.
In her opinion, she could not be acquitted, but could have received a suspended sentence.
"It is clear that acquittals are a huge rarity for us, and it is difficult to turn the system back. Once the machine has started, one had to expect punishment, but the punishment should have been suspended. Sending a woman to a general regime colony for such a long term for paper activity and open meetings is absurd," she believes.
Five organizations of "citizens of the USSR"* have been recognized as extremist. These are "USSR"* of Sergey Taraskin, the main name of which is listed in the register of extremist organizations as "Union of Slavic Forces of Rus"*. Then there is the "Council of Citizens of the USSR"* of the Prikuban District of Krasnodar. Next is the "People's Council of Citizens of the RSFSR USSR of the Arkhangelsk Region"*. The "Community of 'Citizens of the USSR'"* based in Novokuibyshevsk, Samara Region, which is listed in the register of extremist organizations under the main name "Citizens of the USSR"*. And also the "Supreme Council of the TASSR"*, an expert from the "Sova" Research Center** Mikhail Akhmetyev reported earlier to "Caucasian Knot".
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* The interregional public association "Union of Slavic Forces of Rus" was recognized as an extremist organization in August 2019; this decision was made by the Supreme Court of Komi, and several other organizations mentioning the abbreviation USSR were also included in the extremist list.
** included in the register of foreign agents.
*** The activities of the Meta company (which owns Facebook, Instagram, and WhatsApp) are banned in Russia.