Human rights activist Oleg Orlov* was sentenced to 2.5 years in prison for “repeated discrediting” of the Russian Armed Forces

The Golovinsky District Court repeatedly found human rights activist Oleg Orlov (included by the Ministry of Justice in the register of foreign agents) guilty of “repeated discrediting” of the army. But if the first time Oleg Orlov (who was included in the register of foreign agents) was fined, now he was sentenced to two years and six months in a general regime colony.

On February 27, Judge Elena Astakhova of the Golovinsky District Court of Moscow announced the verdict of 70-year-old human rights activist Oleg Orlov (included in the register of foreign agents): he received two and a half years in a general regime colony.

Let us remind you, co-founder of Memorial (the organization was included in the register of foreign agents and then liquidated by court decision) appeared in court a second time on charges of “re-discrediting” the armed forces. In March 2022, Oleg Orlov (included in the register of foreign agents) went to Teatralnaya Square for a single picket against the entry of Russian troops into Ukrainian territory. For this he was fined 50 thousand rubles. according to Art. 20.3.3 Code of Administrative Offenses (“Discrediting the actions of the RF Armed Forces”). Later, the human rights activist again received a fine for picketing on Red Square.

And in November of the same year, Oleg Orlov (included in the register of foreign agents) published on the social network a translation of his article for the French publication Mediapart, in which he sharply criticized the decision to start the SVO, and also expressed a negative opinion about the Russian government and the political regime in the country. Taking into account previous administrative protocols, the text became the basis for initiating a criminal case under Art. 280.3 of the Criminal Code of the Russian Federation (on “repeated discrediting” of the army). The prosecution demanded that Oleg Orlov (who was included in the register of foreign agents) be fined 250 thousand rubles. In October 2023, Golovinsky District Court admitted human rights activist guilty, but reducing the fine to 150 thousand rubles.

The verdict did not suit either the defense, which insisted on Oleg Orlov’s innocence (he was included in the register of foreign agents), or the prosecution: they demanded three years in prison for him.

During the appeal in the Moscow City Court, the state prosecutor stated that the motive for the crime had not been established in the case, and asked to return the case to the prosecutor’s office, overturning the verdict of the first instance. The court granted this request. In January 2024, investigator Ilya Savchenko carried out a new resolution to charge a human rights activist as an accused. He argued that Oleg Orlov (included in the register of foreign agents) published the article “acting deliberately, realizing the illegal nature and social danger of his actions.”

Among the motives for the crime were “ideological hostility against traditional Russian spiritual, moral and patriotic values” and “hatred towards the social group “military personnel of the armed forces of the Russian Federation”, which became an aggravating circumstance. Previously, in the case of Oleg Orlov (included in the register of foreign agents), there were only mitigating circumstances – mainly positive characteristics.

In early February, on the eve of the retrial of the case, the Ministry of Justice added Oleg Orlov to the register of foreign agents.

The human rights activist called this pressure on the court and at the first hearing on February 16 stated that he would not call defense witnesses “so as not to put them at risk.”

He refused to plead guilty: “It is completely incomprehensible to me how anyone can persecute me or any other person for expressing an opinion.” Mr. Orlov (included in the register of foreign agents) stated that he would not participate in the process, leaving only the last word for himself. At all subsequent meetings, the human rights activist demonstratively read Franz Kafka’s novel “The Trial.”

During the debate, lawyer Katerina Tertukhina stated that the criminal case against Oleg Orlov (included in the register of foreign agents) contradicts the Constitution and international treaties: “Persecution for critical statements about the state indicates that a mandatory and only “correct” ideology has been established in the country ” The defense lawyer believes that the proceedings in the case were carried out with “gross violations” of the law: “The court returned the case to the prosecutor so that he could eliminate the shortcomings in the decision to bring Orlov (included in the register of foreign agents) as an accused and in the indictment. Instead, the investigator carried out investigative actions: he interrogated experts whom he had not previously interrogated, and ordered an additional linguistic examination. The Code of Criminal Procedure allows the case to be returned to the prosecutor only when this is not related to making up for the incompleteness of the preliminary investigation.”

Oleg Orlov (included in the register of foreign agents), as promised, made only the last word, in which, among other things, he shared his thoughts about the novel “The Trial”: “The current situation and the situation in which Kafka’s hero finds himself have common features – this is absurdity and arbitrariness, masked under the formal observance of some pseudo-legal procedures. We are accused of defamation without explaining what it is and how it differs from legitimate criticism.” Mr. Orlov (included in the register of foreign agents) recalled the detentions of citizens laying flowers in memory of Alexei Navalny, deceased February 16 in the colony.

“Don’t lose heart and don’t lose optimism. After all, the truth is on our side,” the human rights activist addressed them and added that he did not regret anything and did not repent of anything.

Prosecutor Vorobyova requested 2 years and 11 months of imprisonment in a general regime colony for the human rights activist. She referred to aggravating circumstances and stated that “no other measure other than deprivation of liberty can achieve the purpose of punishment.”

More than 100 people came to the court to hear the verdict, including foreign diplomats from the USA, Great Britain, Canada, New Zealand, Germany and other European countries. EU Ambassador Roland Galaragh was also present in court. Oleg Orlov (included in the register of foreign agents) with his wife and defense lawyer barely squeezed through the crowd to the courtroom. When asked by someone present about his mood, the human rights activist replied: “Wonderful.”

A few minutes later, Judge Elena Astakhova declared Oleg Orlov (included in the register of foreign agents) guilty and sentenced him to two and a half years in prison. The 70-year-old human rights activist will serve his sentence in a general regime colony. After this, Oleg Orlov (who was included in the register of foreign agents) was handcuffed. He was taken out of the hall to a standing ovation; the human rights activist was accompanied by more than 15 bailiffs. Oleg Orlov (included in the register of foreign agents) tried to hug his wife, but the bailiffs pushed him away.

Lawyer Katerina Tertukhina told Kommersant that she would “certainly” appeal the verdict in all instances. It should be noted that the human rights activist’s verdict is not yet available to the public: the website of the Golovinsky court states that its publication is prohibited. The reason given is clause 5 of Art. 15 Federal Law No. 262 of December 22, 2008, which, in particular, contains a ban on the publication of judicial acts “affecting the security of the state.”

“This verdict, like the first one handed down on October 11, 2023, has nothing to do with law or justice,” says a statement from the board of the Memorial center (created by employees of Memorial, which was included in the register of foreign agents and was liquidated).

Human rights activists consider the article about discrediting to be a manifestation of “overt and shameful censorship.” “The sentence against Oleg Orlov (included in the register of foreign agents) is an attempt to drown out the voice of the human rights movement in Russia, any criticism of the state. But we will continue our work, as Oleg Orlov (included in the register of foreign agents) said on the eve of the verdict,” Memorial promised.

Let us note that this is not the first case of tougher sentences for criticizing the government. Thus, in December 2023, sociologist Boris Kagarlitsky (included in the register of foreign agents) was found guilty of justifying terrorism (Part 2 of Article 205.2 of the Criminal Code) for a video discussing the explosion on the Crimean Bridge on October 8, 2022. Initially to Boris Kagarlitsky (included in the register of foreign agents) appointed 609 thousand rubles. fine, but the prosecutor’s office considered the punishment too lenient and filed an appeal. February 13 Military Court of Appeal sentenced 65-year-old sociologist to five years in prison.

Emilia Gabdullina, Alexander Chernykh