By judgment of the Dorogomilovo district court of Moscow Andrey Morozov (Fighting Cat Murz - the LiveJournal.com user Kenigtiger) from the “Red Blitzkrieg” group was sentenced to 3 years imprisonment in a general regime colony. He was imputed with Article 213 of the Criminal Code (Hooliganism - in such manner gunfire of the “United Russia” party office at Kutuzovsky avenue was qualified) and Article 222 (Storage of arms - a sawn-off hunting gun and ammunition for it) as well as Articles 280 and 282 - Appeals to extremism and Fomentation of social hostility by posts in his personal blog.
Reasons of the Events
As Murz himself stated at the trial, the “United Russia” office gunfire was his reaction at illegal detainment by policemen of the “Red Blitzkrieg” chief of staff Olga “Matilda” Kasyanenko who had been preparing people’s gathering in South Butovo against the local Akhmad Kadyrov street. All that took place in March 2007. But Murz was detained only in November by a denouncement of the “Volunteer Corps” organization members Yanis Bremzis and Leonid Lamm. Unfortunately during the search at Murz’s flat a sawn-off hunting gun and ammunition for it were found. The search was preceded by Murz’s rough statements about policemen who made different obstacles to holding the Russian March in Moscow.
The Regnum agency describes taken-off from Murz things in the following way: “At the search the following was found and taken-off from Morozov’s flat: a sawn-off single-barrel hunting gun (passed to ballistic expertise for complicacy to gunfire of the UR office), an army helmet, a dress sword, a pioneer spade, a fighting knife, a small pioneer tool kit including fibers and knots for fastening “trip wires” of different explosive devices, boxes for storage of detonators for different explosive devices, a map of one of Moscow areas with artillery marking, clothes, that is black jeans and gloves and also… white training shoes previously stained by Morozov in black colour for masking in darkness hour”. By the way, taken-off computer hard drives are not returned to Murz’s mother till now.
The Case Files
Thus, the gunfire, storage and statements have become the charge grounds. Qualification of statements in the Internet deserves special focus (Case was initiated after them by Articles 280 and 282 of the Criminal Code of RF). “Besides, information was posted by A.S.Morozov using his blog located in the Internet at http://kenigtiger.livejournal.com which contains, according to examination provided, appeals to commitment of hostile or violent actions against persons having a certain social status as well as statements calling Russians to armed defense of their rights. Besides, there are statements of depreciative character towards certain political parties and state officials, appeals to commitment of terrorist activities in the posted materials”.
At the hearings in the Dorogomilovo court the Criminal science Institute of the Special Technical centre of the Federal Security Service [FSS] of Russia employee Igor Vitalyevich Ogorelkov visited the proceedings. It was the specialist who had made the FSS expertise of the texts from Murz’s LJ. Evidently, his expertise was of accusatory kind, hence the “specialist” did not exert himself with grounds for his conclusions. At the trial Ogorelkov approved himself as a professional linguist at once having declared: “Statements containing formal signs of extremist character were found on the Internet”. As one of the proofs of presence of such horrors “on Internet” the specialist Ogorelkov has cited the following phrase: “Let us kill all the collaboranationalists!” There is no doubts: he is a specialist! A linguist!
At the trial Murz has engaged into controversy with the FSS specialist. He got interested and asked to specify who had been the destinee of the appeals to commitment of extremist actions as long as the specialist Ogorelkov stated he [Morozov] had appealed to somebody. As long he [Morozov] had not appealed to anybody for anything but only expressed his personal opinion and political view of the situation emerged in the country. The quick-witted specialist Ogorelkov did not put his foot into his mouth even then but replied that “information was posted at websites analogue to printed matter, moreover, any opinion expressed in the Internet is no more personal opinion as long as it is available to a large amount of people”. After such a full proof of his guilt Murz stated that the specialist’s position was clear for him: “Freedom of speech within one’s kitchen!” and he had no more questions.
The above mentioned stool pigeon Bremzis being summoned as a witness told the trial a detective story of his own composition how he had been invited to the action by anonymous phone calls and how he had arrived at 4 a.m. from Zelenograd to Kutuzovsky avenue for a run wearing a gym suit. A smile through tears. Generally speaking, false testimony is criminally liable.
But the SUP company representative behaved completely adequately. The “SUP Fabric” general director Lilia Omasheva informed the trial that an “LJ message appears in public access after the journal owner pressed the button “Send”, and LiveJournal servers are physically located in California state (USA)”. As well as that Grievance commission existed in America and solved all disputable questions but the SUP company had no relation to those problems, and an LJ could be closed only in America and by decision of an American trial. Thus, she affirmed that Murz’s blog as well as all the others LJ blogs was physically located in the USA and actually not subjected to Russian laws. But it seems anybody was hardly interested in logic and common-sense.
Mr. Aleksey Igorevich Podolyako from the Terrorism and Extremism control Department defamed at the trial. Murz has asked him: “When you came to me to make a search, I asked to give me a possibility to call my lawyer first, didn’t I?” Podolyako answered: “I don’t remember. But is the question would have been posed in such manner, of course we…” It’s a lie. A legal state and sovereign democracy. Later he without batting an eye treated me about how laws are to be complied with his pure cold eyes. Then Murz insisted that he had rendered the arms himself after the officers’ first question “Is there anything?” and Podolyako pounded away that Murz had not rendered it willingly but they had found it themselves during the search. Whom do you believe?
At the parties’ oral statements the prosecutor Mironova declared that Morozov’s guilt was proved meaningfully and, as “Morozov committed appeals for extremist activities using arms, he poses an extra social danger”, asked the judge to sentence Murz to 5 years of imprisonment in a general regime penal colony.
Murz has abandoned his final statement.
From the very beginning of his imprisonment Murz declared hunger strikes several times. Including a dry one. Thus he protested against fabrication of proofs. Finally, Murz’s demands were satisfied, and his hunger strikes were cancelled. It happened nearly at the stage when it was coming clear the case was turning into a slap-stick. Murz spent all his imprisonment time in Presnya detention facility. There he received letters with words of support from his comrades-in-arms and correspondence from the right-wing human rights activist Alexander Chervyakov.
In his particular manner, Murz appertains to his captivity with humour and some rate of indifference. He devotes his leisure to writing and discourses on the eternal and on the circumstances of his case. Here is a passage from his letter outside: “Discoursing about by what kind of activity I could be useful for society here within four walls I came to a conclusion that it is worth to put pen to paper again, to write, apart from sketches for planned military historical works, partly or completely a fundamental theoretical work on questions of Russian Nationalism-Socialism-Stalinism everyone had strived me for. However, I am never going to give up my military historical works - it is necessary to make a number of sketches for my book about Lend-Lease and the Allies’ military efforts and also to feature, at least in general outline, commentaries and supplements to my translation of “Rommel’s Notes” into Russian. I have time not only for fundamental works but also for actual works. For example, now I am featuring at once my promised article on radioelectronic warfare and the “Manifesto of Russian people’s National Liberating struggle” - a program document of Russian National Socialist for coming years including detailed examination of previous experience and future prospective. Concerning my case and cassation appeal, I find no sense in the appeal, it is extemporizing to promise to put into prison and shoot down everybody and later to ask those whom you had promised to put into prison and shoot down for mitigation of the sentence. The main of my instructions is to help my mother. She is too anxious for me, that is bad. Support her, try to explain I am quite able to take care of myself. I am not sick, I feel well, everything will be OK if you follow my instructions. Help my mother as possible - I am anxious about her ability to keep household in order at current price rise for everything”.
The Sentence and the Result
Finally, the Dorogomilovo court did not consider policemen and persons with liberal political beliefs as social groups subjected to defense from hatred propaganda - and on this ground Morozov was exculpated by the notorious Article 282 of the Criminal Code. During the proceedings one of the episode of arms storage was also rejected - Murz was being “fathered” of one more san-off gun. By multitude of the rest charges the sentence was delivered - 3 years of imprisonment in a general regime colony. Murz was not going to appeal against the sentenced but the prosecutor office lodged an appeal to the Moscow city court against it as too lenient. However, some time later, the prosecutor office reversed and was satisfied with the sentence having taken aside its own appeal.
…Murz became the first LJ user judged for LJ notes. Although it was combined with direct action.
Unfortunately few people understood the essence of Andrey’s deed. He has showed what to DO when your friends are seized lawlessly. What to DO when political freedoms are being cut in the country. What to DO if you want to live in a Russian country and not to be a “cabbage”. It is necessary to take upon arms and to shoot…