The Case of Stanislav Markelov and Anastasia Baburova

We offer to your attention a summary of the case of Nikita Tikhoniov and Eygenia Khasis who have been arrested as suspects for the murder of Stanislav Markelov and Anastasia Baburova.

Stanislav Markelov, a lawyer, civil rights advocate, and founder of the Institute of the Rule of Law, and Anastasia Baburova, a left wing activist journalist who reported for "Novaya Gazeta," "Izvestia," "Rossiyskaya Gazeta," and "Vechernaya Moskva (Evening Moscow)," were shot and killed on January 19, 2009.

November 5, 2009 the names of two suspects in the murder of Stanislav Markelov and Anastasia Baburova were made public: Nikita Tikhonov (born in 1980) and Evgenia Khasis (born in 1985.) They were taken into custody November 3 and 4, 2009 as the result of investigative-operational measures carried out by the chief investigators at the Office of the Public Prosecutor and operational members of FSB and MVD of Russia.

Tikhonov and Khasis were arrested. November 4, 2009 they were charged under points "а", and "g" of part 2, article 105 of the Criminal Code (multiple homicide.) Tikhonov gave a statement of confession and then retracted it.

The investigators made an announcement that these suspects are activists of RNE ("Russian National Unity" movement), which was quickly followed by a denial from Aleksandr Barkashov. In fact, both Tikhonov and Khasis were active participants in the ultra-right movement known as "Russky Obraz" or "Russian Mode" (RO.) Tikhonov was one of the founding members of the magazine, which in turn led to the formation of the current organization of the same name. Khasis was an active participant in "Russki Verdict" ("Russian Verdict"), a project started by RO in order to raise financial and judicial support for defense of neo-Nazis under investigation or facing trial.

The probability that Nikita Tikhonov is a guilty party in this crime appears rather plausible: in 2006-2007 he was named as one of the suspects and investigated in the murder of anti-fascist Aleksandr Rukhin by Nazi skinheads. Stanislav Markelov took an interest in the case and he specifically added the fact that three of the detainees in the case received practically the maximum sentence possible with the case against them. Therefore, the motive is quite convincing.

E. Khasis refused an attorney appointed to her by the investigation, and expressed the wish to use a services of a public defender who once represented Maksim Martsinkevich (of Tesak.) Aleksandr Vasilev, who assumed the defense of Tesak in the case concerning pg. 282 of the Criminal Code, refused to represent Khasis. He announced, "I won't defend her," and to the question of his acquaintance with her, he said he had no wish "to talk about that" and hung up the phone.

In the words of the head of FSB, Aleksandr Bortnikov, "another murder was uncovered that occurred in September on the grounds of nationalist hostility," in which this same group participated and "it was discovered that this group's intention was to commit another murder, which could provoke a response."

On November 10, 2009 two witnesses identified Tikhonov in a line up. :One of the witnesses was at Prechistenka, near the location of the murder. The second had stopped in the metro station "Kropotinskaya," where the criminal was hiding. As it turns out, both saw the killer hiding. In a line up, the witnesses informed the investigators, that they recognized the guilty party by his face and his eyes. Nikita Tikhonov's defense doubts that the testimony of the witnesses will be excluded.

November 30, the Moscow City Court ruled against the complaint concerning the arrest of Evgenia Khasis, in which the defense requested to overrule the decision of the Basmanny Court from November 5, which sanctioned the arrest.

On December 24, Evgenia Khasis was charged according to article 222 of the Criminal Code (illegal possession of a weapon.) The accusation was connected with the weapon "found in her place of residence, where she was discovered."

On February 24, 2010 it was announced that Nikita Tikhonov and Evgenia Khasis, were charged under point "l" part 2, article 105 of the Criminal Code (multiple homicide with the motive of ideological hate.) Recall that in November of 2009, N. Tikhonov and E. Khasis were suspected of the murder of a lawyer and a journalist and were charged under points "а", and "g" part 2 article 105 of the Criminal Code (multiple homicide) and article 222 of the Criminal Code (illegal possession of a weapon.)