Founded in December 2021 by Ivan Pavlov, a prominent lawyer, First Department is a human rights project with a special focus on closed court hearings and the use of criminal cases against political opposition in Russia. His previous legal project was labelled “undesirable”. To avoid criminal charges himself, Pavlov and his team left Russia.
The war in Ukraine led to the significant growth of a specific category of political repression, namely, charges with state treason. The ASF talked with Ivan Pavlov about the use of “state treason” charges.
– How many people are charged with treason yearly in Russia? For example, in the USA, there have been about 40 cases of people standing accused of treason throughout the history.
Such an article is in the legislation of almost every country, it’s just that often there is no practical application. As for Russia, until 2014, before the start of direct confrontation with the West, there were about 2-3 sentences a year, in 2015 there was an outbreak of 15 sentences. Every year, before the start of a full-scale war, about 15 sentences were passed for high treason. In 2022 there were 16 of them, in 2023, the total grew to 39. Sometimes about two years can pass between the initiation of a case and the delivery of a verdict. In 2023, it is known that about a hundred cases have been filed, and now, I am sure, there will be even more. This is a sign of war, there is a demand for internal enemies. The FSB intelligence service is authorized to search for and develop them.
– At the beginning of the war, there were assumptions that the FSB was accustomed to considering treason cases individually, that they did not have the resources to initiate such cases en masse. How did they do this?
I wouldn’t say it’s massive. 100 cases for 140 million Russians is not a massive number. These are not thousands of cases. There cannot be too many such cases. Otherwise, the cost for private investigations of treason will be devalued. This is specialisation of the elite first department of the investigative department and elite FSB operatives. Now they have begun to invite regional departments to develop it. But still, there are not so many cases yet: there is no demand for thousands of cases of treason. There shouldn’t be too many internal enemies – that’s a political component. There are enemies, but they are isolated, they need to be shown. The authorities are looking for balance.
– Previously, the target group was scientists, but now wider layers are under attack?
Scientists were one of the categories. Previously, treason cases were initiated against as diverse members of the Russian society as bloggers, housewives, top managers of large companies, military personnel, clergy, and farmers markets tradespeople. In 2022, amendments were made to the definition of the law. Switching to the enemy’s side has been added as an additional form of treason. They identify young people who have careless correspondence with Ukrainian organizations, they are charged with assassination attempt or preparation to go to the enemy’s side, and they are also charged with Article 275 of the Criminal Code. There are a lot of cases for providing assistance to a foreign organization in conducting activities directed against the security of Russia. Donations to Ukrainian foundations are considered treason in the form of financial assistance.
– A young man, Nikita Zhuravel, was sent to jail for publicly burning the Koran. Then a video was circulated of Nikita being beaten by Adam Kadyrov, the son of the head of Chechnya, in the interrogation room. Then new accusations appeared against Zhuravel: that he not only burned the Koran, but also photographed something for the Ukrainians?
Yes, and he got 14 years in prison for treason.
– The case of 66-year-old physicist Anatoly Gubanov and other scientists. Why are elderly scientists often charged with treason in Russia? Because there are generally a lot of older people in Russian science?
An elderly scientist is an easy prey for a security officer. It’s convenient to take it and shake it, the old one. He will completely agree. These are people of the Soviet type: they trust the system, they resist little. They are charged mainly with actions that took place during the Medvedev warming period, when many scientific institutions collaborated with foreign institutions. International projects were approved by all necessary government authorities.
Accordingly, information was exchanged with foreign organizations. It was normal when, but then it became overrated. In order to impute treason, it is necessary to find the one who sent secret information to foreigners. They take an international project and look: somebody was authorized to correspond with foreign partners. They check his email. They find some of his reports. They give reports to experts who are ready to see state secrets in anything. This is how the scientist becomes the accused.
– Often, criminal cases of treason, when they are paid attention to in the media, look very strange. The accusations are quite ridiculous. Doesn’t the FSB care?
They hate when you call them idiots, but they fulfill a political demand. They receive promotions in ranks, awards, and medals. These cases are their career ladder.
– Have you come across stories where the accusation of treason was actually applied to people who stole some secrets for foreign intelligence?
In my large practice in these matters, I have not met any real spies.
– “Meduza” published the story of a real person, a former National Bolshevik, who, for ideological reasons, got a job in police in order to transmit information to American intelligence, is now imprisoned for treason.
Real spies probably exist: just how to catch them. Especially if all the forces of the secret service officers are spent on developing fictitious spies.
– There was only one case of acquittal regarding treason, the Pasko case many years ago?
In 1999, Alexander Nikitin was acquitted by the St. Petersburg City Court. Grigory Pasko, in a completely symmetrical case, was already convicted in 2001: he was sentenced to only four years in prison. The article provides a punishment from 12 to 20 years. A year later, Pasko was released.
– How much is the average price now for treason?
Fifteen years in prison.
– Journalist Ivan Safronov sentenced to 22 years because he had episodes added up?
Yes. Fifteen is given per episode.
– In the current conditions, when someone accused of treason begins to defend himself, what can he achieve? What is a good result?
As you correctly noted, the last acquittal was in the previous century. Now, at best, you can count on a minimum term, and it is better not to go through legal procedures at all. Sometimes people can be taken away from Russia before they come for them.
– And if FSB has already arrived, how can you help?
Transfers to pre-trial detention centers. And letters. Now, when the laws do not work, legal assistance is palliative. But the importance of palliatives should not be underestimated. A lawyer, a person nearby who supports you – this is also important. Informationally, at least. You will know what is going on. A competent person who records all violations. These cases will be reviewed later. It is important that in criminal cases of treason, a competent lawyer records violations and leaves traces in the case materials. But in wartime, fair trials in politically motivated cases cannot be counted on.