Protection has been narrowed. How Putin's government declared lawyers enemies of Russia

The Putin regime did not like the independent legal profession before. But in court, he maintained the appearance of fair trials, recognizing that lawyers are not accomplices to crimes, but people whose job is to defend the accused. Now all conventions have been abandoned. In political cases, security forces and 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 Viasna case, lawyer Dmitry Talantov, and 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 impossible to achieve acquittal of defendants in numerous “censorship” cases (for phrases like “no war”). The investigation considers obviously guilty anyone who expresses a position that differs from the official one.

The investigation considers obviously guilty anyone 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 (essentially for the phrase “children are dying in Ukraine”) after a five-day investigation, became a symbol of the violation of legal norms. The severity of the charge was increased by the “use of official position” - the fact that Gorinov called to stop the war at a meeting of the municipal council.

Leonid Gozman and lawyer Mikhail Biryukov

In 2022, the government decided that those who help its political opponents are its enemies, Mikhail Biryukov said during a recent conversation about violations 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,” a prosecutor of about 35 years old, who barely saw the USSR as a child, said in the trial against Yashin.

The Putin system has made the court an instrument of the executive branch—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 ECHR. Now you don’t even need to pretend to comply with legal norms. Lawyers delay the consideration of cases, ask awkward questions, and inform the public about judicial incidents and “blunders” that litter 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. The “investigative and judicial department” needed lawyers so that “enemies of Russia” would not say that the prisoners were deprived of judicial protection. However, the defense was extremely formal: Vagin and Ershov demonstrated their solidarity with the prosecution in every possible way.

Foreign prisoners of war sentenced to death in the “DPR”

The work of Vagin and Ershov, like other “appointed lawyers,” is paid not by clients, but by the state. Such lawyers often play the role of extras , using not all means and methods of defense. In fact, many of them work not for their clients, but for the state, and have close ties to law enforcement officials. Their willingness 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 admitting guilt, do not look for procedural errors in the investigation, but “serve the number.” This speeds up court proceedings and makes such lawyers “pocket”, convenient for the investigation.

Vagin and Ershov showed contempt at every convenient moment, mocked, and criticized their clients. In an ideal scenario for Putin’s state, the lawyers of Navalny, Yashin, Kara-Murza and other “political criminals” whom the government is prosecuting as violators of the Criminal Code should have behaved exactly this way.

Putin’s ideal lawyer is similar to the lawyers of Stalin’s times : they understood the “political essence of matters” and did not restrain the courts from “massive blows to 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 were not allowed to communicate with defendants confidentially and were not allowed to participate in pre-trial procedures).

Stalin and the party put lawyers under control, made them loyal, and deprived them of procedural rights

Already during the first show political trial of the right-wing Social Revolutionaries in 1922, the lawyers left the trial with the words “Woe to that country, woe to that people who treat the law with disrespect and laugh at the people who defend this law” - and were soon repressed. Under Stalin, lawyers could not defend not only their clients, but also themselves. About 400 lawyers were repressed , many not for their legal activities, 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. The persecution of Dmitry Talantov, the president of the Udmurtia Bar Association, became a landmark case. 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 have been in custody for six months now. His arrest could be “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.

Lawyer Dmitry Talantov

Other lawyers who oppose the war are also unacceptable to the authorities. Kaliningrad lawyer Maria Bonzler was fined twice for “publicly discrediting the army” in court speeches while defending participants in anti-war protests. The regional chamber of lawyers supported Bonzler, and judges who did not like Bonzler’s phrases like “Russia attacked Ukraine” became informers. Laws prohibiting open talk about the war force lawyers to condemn their clients, noted lawyer Ekaterina Selizarova, who defended Bonzler. Lawyers “by appointment” would not have any objections to this, but independent defenders cannot work like that. In general, the lawyer's corporation is split: some are against it, others do not support the war, but are afraid to say a word, others write denunciations against colleagues and carry out all the orders of the authorities.

The law corporation is split: some are against it, others are afraid to say a word, and still others are writing denunciations against their colleagues.

Ufa lawyer Sergei Makarenko was fined for his “No War” badge and the phrase “Glory to Ukraine.” Krasnoyarsk lawyer Nikolai Munsky was brought to justice for supporting Alexei Navalny. Krasnodar lawyer Alexey Avanesyan was accused of violating a non-disclosure agreement - despite the fact that it was given after texts that were published “in violation of the agreement” were published in the media. Avanesyan’s client is accused of “rehabilitating Nazism” (he approached the monument to those killed in local wars and pretended to use a wrestling technique).

Lawyer Sergei Makarenko

The Ministry of Justice demanded that the Krasnodar Bar Association deprive Mikhail Benyash of his lawyer status for “disrespect” and negative statements about the legal profession, 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 entries in Benyash’s Telegram channel ). Before that, he was appointed as a foreign agent and accused of obstruction of justice and “attacking employees of the Ministry of Internal Affairs.” Benyash was collectively defended by several lawyers and were amazed at the flagrant violation of legal principles in this case. Due to his “foreign agent” status, the lawyer is removed from cases.

Lawyer Mikhail Benyash

In 2022, lawyers often faced ridiculous accusations, violence, and violations of their rights. 76-year-old lawyer Prometheus Efimov was accused of disobeying police orders; he had an appearance that “offends 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 protests 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 end up inside a paddy wagon, and often in a police department. For years, the struggle of lawyers has continued with the police and the Federal Penitentiary Service, which, on the basis of internal instructions, prohibit access to the police department and colonies with telephones.

Some lawyers specifically went to protests to be detained: this is the only opportunity to end up in a paddy wagon

Lawyers also interfere with mobilization. The Moscow military commissar threatened criminal prosecution against lawyers for “complicity in evading service.” The military commissar suggested that the Moscow Bar Chamber explain to lawyers the inadmissibility of such assistance. The Chamber clearly answered the military commissar that consultations on mobilization issues are absolutely legal. Compliance with 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 often used against lawyers. One of these cases ended with the dismissal of a police officer . Another lawyer was beaten right in the Moscow military registration and enlistment office.

Get out of the profession!

The actions of the security forces against the lawyers in the case of Ivan Safronov were very harsh . They were not allowed to participate in the interrogation, and when the defenders refused to sign non-disclosure agreements, the Ministry of Justice sent demands to the bar associations of all Safronov’s defenders to initiate disciplinary proceedings against them. Then the investigation completely classified Safronov’s case. For telling journalists about the circumstances of Safronov’s case, a case was opened against Ivan Pavlov, forcing him to leave Russia. Pavlov headed “Team 29” and defended Navalny, Safronov, Karina Tsurkan and others accused of treason and revealing state secrets. By suspending Pavlov's lawyer status, the FSB achieved his exclusion from work on such cases.

Lawyer Ivan Pavlov and Ivan Safronov

After Pavlov, Dmitry Talantov entered Safronov’s case, and the FSB also took revenge on him with a personal case. The authorities clearly show that there is a category of defendants who do not need to be protected.

It’s not just Pavlov who the government is trying to throw out of his profession. By depriving a lawyer of his status, he can be prohibited from being 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, such as Mikhail Benyash.

By depriving a lawyer of his status, he can be prohibited from being a representative in court, even in civil cases.

The authorities are systematically persecuting Crimean lawyers Lilya Gemedzhi, Rustem Kyamilev and Nazim Sheikhmambetov, who defend defendants 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, Kyamilev and Sheikhmambetov defended the accused with the human rights organization “Crimean Solidarity”, making public the legal chaos in such cases. The founder of Crimean Solidarity, Server Mustafayev, was himself sentenced to 14 years in a maximum security colony two years ago for allegedly participating in the activities of Hizb-ut-Tahrir.

Founder of Crimean Solidarity Server Mustafayev

Human rights activists 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 their status, calling the lawyers organizers of extremist actions directed against the Russian authorities. The Chechen AP began the process of revoking their status, and the lawyers were denied transfer to the Crimean AP due to their allegedly flawed status. In 2022, the Chechen Administration deprived three lawyers of their status. After the deprivation of their status, lawyers began to be accused 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 depriving Gemedzhi, Kyamilev and Sheikhmambetov of their lawyer status was extremely murky, but the hand of the FSB is very much felt in it: the security forces knew about the upcoming expulsion of lawyers from the law corporation before the chambers of lawyers. Lawyers stripped of their status are prohibited from working in court. The principle “the friend of my enemy is my enemy” was fully implemented in the Crimean case and several times in a row. Its further spread will make legal work in political cases impossible.

The principle “my enemy’s friend is my enemy” was fully implemented in the Crimean case

Putin's government is moving closer to almost automatically recognizing its opponents as criminals. And she is ready to exempt her supporters from punishment for any crimes. And not only if they wash them away with blood by 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 were 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 the Soviet regime is a crime, any action in its defense is a good thing.

Boris Grozovsky, economic commentator, author of the EventsAndTexts Telegram channel