Human rights activist Oleg Orlov was fined 150 thousand rubles for repeatedly discrediting the army

The court found one of the oldest Russian human rights activists, Oleg Orlov, guilty of “repeated discrediting” of the army and sentenced him to a fine of 150 thousand rubles. A criminal case was opened against the 70-year-old co-founder of Memorial (included in the register of foreign agents and liquidated by the Supreme Court) for publishing a text in which he criticized the special military operation (SVO) and the Russian government. Mr. Orlov called the court’s decision lenient, but unfair, and said that he would appeal it.

In March 2022, Oleg Orlov went to Teatralnaya Square with a single picket against the conduct of the SVO and was fined 50 thousand rubles. according to Art. 20.3.3 Code of Administrative Offences. Then Mr. Orlov came out with the poster to Red Square – and was fined again. And in November last year, the human rights activist published on social networks a translation of his article written for the French publication Mediapart and containing negative assessments of the actions of Russian troops during the Northern Military District. This has already become a reason for excitement criminal case according to Art. 280.3 of the Criminal Code of the Russian Federation.

On Wednesday, before starting the debate in the Golovinsky District Court of Moscow, state prosecutor Svetlana Kildisheva petitioned for a forensic psychiatric examination to be carried out against Oleg Orlov.

The prosecutor explained that doubts about the defendant’s mental health are caused by his “heightened sense of justice, complete lack of self-preservation instinct, and constant posturing in front of citizens.” The state prosecutor clarified that for the first time Mr. Orlov went out onto the street with an anti-war poster in 1980, and in those days people who carried out human rights activities were sent to psychiatric hospitals.

The prosecutor’s reminder about the practice of fighting dissidents in the USSR outraged Mr. Orlov: “This phenomenon was condemned and called punitive psychiatry.” Lawyer Katerina Tertukhina insisted that there were no grounds for ordering a psychiatric examination of the client, since he was not registered with the PND. The judge denied the prosecution’s request.

Speaking in the debate, prosecutor Kildisheva asked the court to pay attention not only to the rights, but also to the responsibilities of Russian citizens, among which is to honor the laws.

The state prosecutor added that constant talk about freedom of speech turned the process into a “political circus.” “There wouldn’t be this (freedom of speech.— “Kommersant”), there would not have been an open court hearing today, there would not have been so many correspondents, and the defense attorney in the person of the editor-in-chief of Novaya Gazeta Muratov (Dmitry Muratov, included in the register of foreign agents) would not have been allowed. “Kommersant”). Despite the fact that he is recognized as a foreign agent, he continues to be a defender,” Ms. Kildisheva emphasized.

The prosecutor, however, admitted that there are no aggravating circumstances in Oleg Orlov’s case: “There are only mitigating characteristics – characteristics, including witnesses. Nobody belittles him (Oleg Orlov.— “Kommersant”) merit”. She asked the court to find Mr. Orlov guilty and impose a fine of 250 thousand rubles.

Lawyer Katerina Tertukhina, in turn, insisted that the criminal prosecution of her client contradicts Art. 13 of the Constitution of the Russian Federation and Art. 20 of the UN International Covenant on Civil and Political Rights: “The use of armed force is an important public issue on which everyone has the right to speak out and have their own opinion.”

The defense attorney emphasized that the prosecution does not indicate the specific words of Oleg Orlov, which “discredit” the Russian Armed Forces: “Moreover, we did not hear a complete description of the actual circumstances of the case, which in itself is already a violation of the principle of immediacy, orality and publicity of court hearings.”

The lawyer noted that the only evidence for the prosecution is the opinion of experts, whose competence the defense called into question. Another defender, Dmitry Muratov, listed incorrect borrowings and errors in the examination of linguists: “The court in Shuya recognized as unacceptable evidence five psychological and linguistic examinations conducted by experts Natalya Kryukova and Alexander Tarasov in the case of activist Alexei Veselov (they also conducted the examination in the case of Oleg Orlov .— “Kommersant”). The court recognized that the experts were incompetent, did not use any methodology for their conclusions and attributed words to the accused that he did not say.”

Mr. Orlov assured the judge that in his article he was not discrediting anyone, but was only trying to “define the regime that has developed in Russia over the past decade.”

“If the ideas of some Russian citizens about their own interests do not coincide with the commander-in-chief’s ideas about this, then they do not have the right to talk about it?” – he asked. The human rights activist added that he does not repent of his actions. “I do not regret that I went to anti-war pickets, that I wrote the article for which I am being tried. In my opinion, people who love their homeland cannot help but think about what is happening to the country with which they feel an inextricable connection,” Mr. Orlov noted in his last word.

The court found Oleg Orlov guilty of “repeatedly” discrediting the army and sentenced him to a fine, reducing the amount from 250 thousand to 150 thousand rubles. Mr. Orlov said he would appeal the decision. “The sentence is lenient even compared to what the prosecutor’s office asked for. It is immeasurably softer than the sentences even given to many other people under this article. Nevertheless, this verdict is illegal and unjust. It is mild, but, as I said, we will appeal against it,” said the human rights activist.

Emilia Gabdullina