Russia: Detained and Prosecuted for Defending Protesters in Russia

30/01/21

Mikhail Benyash and Mansur Gilmanov

A Story of Two Lawyers Highlights a Bigger Problem with Russia’s Justice System

Attacks, detention and prosecution of lawyers – including while performing their professional duties – is not unusual in Russia, but what happened ahead of the January 23 protests  takes this harassment to a new level.

I spoke with two lawyers –one in Moscow and one in Krasnodar– who had previously represented other lawyers, themselves detained for representing peaceful protesters. Both are also actively involved in human rights work.  By detaining them, the authorities sought not only to interfere with their work, but to send a clear warning to their colleagues and fellow human rights defenders.

In the evening of January 21, Moscow-based human rights lawyer Mansur Gilmanov arrived at a police station to defend his client, Vladlen Los. Los is a lawyer with the Foundation Against Corruption, affiliated with Alexey Navalny, whom police had detained earlier that day.

Gilmanov presented all required documents at the precinct’s checkpoint. An officer told him to wait for somebody to take him to his client. After 40 minutes watching other people allowed in and repeated inquiries, Gilmanov told police he wanted to file a complaint that they were interfering with his client’s right to legal representation. An officer eventually buzzed him into the station to submit the complaint. As he reached the duty officer’s window, the officer ran up to him, knocked him to the floor, kicked him several times, and shouted obscenities.

The police then held Gilmanov for 4- 5 hours without explanation, while two other lawyers unsuccessfully tried to see him. Finally, around 2 am, police finally granted the lawyers access to Gilmanov.  Shortly after Gilmanov met with his lawyers, the police transferred him to another station, where he spent the night in a room without a bed.

In the morning Gilmanov was taken before a judge on charges of “non-compliance with police orders.” The judge refused defence requests to see evidence, including additional CCTV footage from the station that would have showed what happened . The court sentenced Gilmanov to 5 days detention.

On January 21, Mikhail Benyash, a lawyer in Krasnodar, southern Russia, posted a passionate call for colleagues to provide legal aid to protesters during upcoming protests. On the basis of this post a court held that he had organized an “unauthorized protest.”

The next day police searched his apartment. 

[…]

https://www.hrw.org/news/2021/01/30/detained-and-prosecuted-defending-protesters-russia

https://www.hrw.org/news/2021/01/25/russia-police-detain-thousands-pro-navalny-protests

https://verietyinfo.com/russia/a-court-in-moscow-arrested-gilmanovs-lawyer-for-disobeying-the-police/

https://meduza.io/en/feature/2021/01/21/police-arrest-navalny-s-associates-in-moscow-ahead-of-planned-opposition-rallies

https://www.eng.kavkaz-uzel.eu/articles/53464/

https://www.frontlinedefenders.org/en/profile/mikhail-benyash#:~:text=Mikhail%20Benyash%20is%20a%20defence,Sochi%20and%20Krasnodar%20Region%2C%20Russia.

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