Part II. Debate
Part II Debate GALINA MIKHALYOVA “Yabloko” party Members of the “Yabloko” party have been subjected to political persecution. “Yabloko” is the sole registered party to have its own list of political prisoners. The criteria for inclusion in the list of political prisoners and prisoners of
Part II Debate
GALINA MIKHALYOVA
“Yabloko” party
Members of the “Yabloko” party have been subjected to political persecution. “Yabloko” is the sole registered party to have its own list of political prisoners. The criteria for inclusion in the list of political prisoners and prisoners of conscience lies in the extent to which the case was associated with violence carried out by the defendant.
VALERY BORSHCHOV
Director / “Social Partnership” Foundation
“Yabloko” party member
Moscow Helsinki Group member
Soviet dissident
There are disputes about whom to put on the list of political prisoners, but their very existence is not in doubt. Society will not agree on common criteria for defining who is a political prisoner. It is necessary to organise a broad social movement for the assistance to political prisoners, recalling the experience of the 1960—80’s. Also, we should fight against the practice which makes authorities’ exempt from criticism as if it were a separate social group protected under Article 282 of the Criminal Code.
ALEXANDER DANIEL’
Board Member / International Memorial
One of the Chronicle of Current Affairs editors
The concept of a “political prisoner” bears no relation to law, none of the approaches cited in this discussion are legal ones. It is a political concept, closely tied to the world view of the person who uses the term, and closely inscribed in a historical context.
VERA VASIL’EVA
Journalist
Seeking the release of innocent prisoners should be a priority. We cannot guide ourselves by the charges levelled against the person as they may be entirely unfounded. A long-term judicial reform is also needed, in the context of which all earlier cases examined with violations of the law must be reviewed, regardless of the apparent guilt of the persons involved.
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OL'GA TRUSEVICH
Memorial
A human rights defender should be interested in the “model case” of human rights violations. The positions of politicians and human rights defenders, in regards to the definition of those whom they protect, may strongly diverge. The question of the defendant's reputation is an important one; a human rights defender, unlike a lawyer, cannot demand the release of a prisoner if in possession of proof of his guilt.
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ALEXANDER VERKHOVSKY
Director / “Sova” Centre
Between the presumption of innocence and presumption of the validity of the sentence for potential political prisoners, I would choose the latter. It is necessary to introduce a category of individuals, though not imprisoned, who are persecuted for political reasons and pressured, much like political prisoners. The distinction of the political motive amongst the activities of a political prisoner is necessary for distinguishing him from others pursued by the authorities for other reasons. It is necessary to seek a review of the anti-extremist legislation, but not its abolition; in Europe fomenting of hate is also a criminal offence. Not everyone convicted for expressing themselves is a prisoner of conscience.
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KIRILL PODRABINEK
Former political prisoner
A political prisoner is a person in custody whose human and/or civil rights have been substantially violated as the result of a politically motivated persecution. A permanent and active organisation is needed for the protection of political prisoners. We must develop the criteria for the term “political prisoner,” why and to what extent he/she is in need of aid; to provide well-grounded findings on each studied case for its consideration by a wide range of human rights defenders. More former political prisoners should be involved in their defence.
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SERGEY KOVALEV
Chairman / Memorial, Russia
Board Member / International Memorial
Former Russian Ombudsman
Political prisoner under the Soviets
A prisoner of conscience is a person who has not broken the law, but merely exercised his right, something which the government perceives as a danger to itself. One becomes a political prisoner only when an extra-judicial motive is at stake, especially a political motive on the authorities' behalf. However, his own actions may not have had a political reasoning to them.
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ANATOLY GLOBA-MIKHAILENKO
Former political prisoner
It is a pity that there are no political prisoners of today among the experts. A political prisoner is neither “good” nor “bad,” he is merely there as a result of certain actions on his part and those of the state. Maybe we shouldn't demand the immediate release of all political prisoners, but give an objective assessment of the actions of every one of them. On this basis it would be possible to achieve a social consensus of all political forces, whether left-wing, liberal or nationalist.
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VALENTIN GEFTER
“Institute for Human Rights”
Board Member / International Memorial
The participants of the round table came to a general agreement on who prisoners of conscience are. The double-key concept for identifying political prisoners is correct, it was already formulated by experts of the Council of Europe back in 2001 in regards to cases involving Armenia and Azerbaijan. It is necessary to seek a solution in the legal field through changes to the legislation on pardon, parole and amnesty, changes to the Criminal and Criminal Procedure Codes of the Russian Federation and reform of the penal system.
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YAROSLAV LEONT’EV
Historian
In history there are examples of individuals defending their right to be called political prisoners, systematically resorting to violent and terrorist acts. Society must be ready to assess the actions of such individuals and groups, including during court proceedings against them.
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MAKSIM GROMOV
“The Other Russia” movement
Former political prisoner
The Universal Declaration of Human Rights provided a legal framework for the protection of political prisoners and prisoners of conscience. They must not be confused with criminals who have political motives (Tikhonov and Khasis).
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BORIS STOMAKHIN
Former prisoner
Political prisoners are people who oppose the government and state for their own political motives, including terrorists and members of the armed underground. We should consider the rebel leader in Ingushetia Ali Taziev (Amir Magas), held in Lefortovo Prison, as a political prisoner. All those convicted under the anti-extremist legislation, including those individuals who have publicly justified terrorism, are prisoners of conscience. The Human Rights Center “Memorial” must be condemned for refusing to recognise Stomakhin as a political prisoner in 2006, due to his calls for acts of violence.
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ALEXANDER DEL’FINOV
Andrei Rylkov Foundation for the Promotion of a Humane Drugs Policy
Poet
Drugs are one of the most widespread and convenient ways of falsifying charges against political and social activists, as seen in the cases of Taisya Osipova, Denis Matveev, Valentin Urusov and Igor Konyshev.
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PAVEL GRISHIN
Political activist
There are two ways of pursuing demands for release of political prisoners: an amnesty (pardon) for certain groups of people or repeated investigation and trial. A moratorium on Article 282 of the Criminal Code of the Russian Federation must be introduced. It is necessary to compile a list of people, prosecutors and investigators who were found guilty of fabricating criminal and administrative cases.
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ALEXEI NEKRASOV
Civic activist
There are no political prisoners in Russia, or rather the group of people imprisoned on political grounds is no different from all prisoners in the Russian Federation, because of massive violations throughout the investigation and trial. There are prisoners of conscience, among them well-known public figures and social activists. Criminal cases are fabricated against them so as to stop their activity. However, the anti-extremist legislation should stay as an essential attribute of any civilised state.
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ALEXANDER LAVUT
Former political prisoner
One should be careful when assessing persons on the list of political prisoners so as to avoid mistakes when defining the status of persecuted individuals. If in doubt, interpret it in the authorities’ favour. That is exactly what the famous dissedent “Chronicle of Current Events” did back in Soviet times. Otherwise we risk overloading the Council for the Identification of Political Prisoners. If that happens the revision of cases will be delayed for years, the situation already familiar in relation to the European Court of Human Rights.
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