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Boris Stomakhin was an editor of monthly newspaper "Radical Politics" since 2000. Besides, he contributed numerous materials to ], the ] internet agency that promotes independence of ] and is maintained by Chechen separatists. Boris Stomakhin was an editor of monthly newspaper "Radical Politics" since 2000. Besides, he contributed numerous materials to ], the ] internet agency that promotes independence of ] and is maintained by Chechen separatists.


Stomakhin claimed that Russian troops in Chechnya are "occupiers" and compared President ] to ] and ]<ref name="hrh"> </ref>. According to his court sentence Stomakhin in his articles advocated terrorist attacks on Russian civilians<ref name=Sto/>, called to overthrow violently current government of Russian Federation<ref name=Sto/>, called to exterminate all Russians<ref name=Sto/>, Stomakhin claimed that modern Russia is ] and therefore must be destroyed, called Russians a "nation of occupiers", and compared President ] to ] and ].<ref name="hrh"> </ref> Stomakhin considered terrorists ] and ] as heroes of Chechen resistance and claimed that terrorist acts committed by them are legitimate <ref name="sent"> </ref>. On the other hand, opposition and some human rights activists like ] and ] interpreted his writings as a graphic description of the possible feelings of Chechen people rather than the actual advocating of the terrorist activities <ref name=Svoboda> ] {{ru icon}} </ref>
According to his court sentence, Stomakhin also stated that modern Russia is ] and therefore must be destroyed, and considered ] and ] as heroes of Chechen resistance whose ] activities are ] <ref name="sent"> </ref>. However, some human rights activists like ] and ] did not believe that he actually promoted any terrorist activities <ref name=Svoboda> ] {{ru icon}} </ref>


Stomakhin organized a number of ]s by his organization against Russian foreign policy in Ukraine, Estonia, Belarus, Chechnya. He was a leader of ] political group "Revolutionary Contact Association" (RCA). Other members of this organization are Pavel Kantor, Dmitry Tarasov, Ludmila Evstifeeva, and Pavel Luzakov. Stomakhin organized a number of ]s by his organization against Russian foreign policy in Ukraine, Estonia, Belarus, Chechnya. He also criticized Russian government in defamatory and obscene statements. He was a leader of ] political group "Revolutionary Contact Association" (RCA). Other members of this organization are Pavel Kantor, Dmitry Tarasov, Ludmila Evstifeeva, and Pavel Luzakov.


According to the Russian newspaper '']'' Stomakhin's organization might be involved with Chechen hostage-takers, based on information provided by ]. ''Utro'' alleged that during the ], terrorists had "contacted with activists of Revolutionary Contact Association" and they "may be involved in supplying terrorists with ammunition and its storing at Moscow"<ref name="Utro"> </ref> However, these charges were not brought to the court. According to the Russian newspaper '']'' Stomakhin's organization might be involved with Chechen hostage-takers, based on information provided by ]. ''Utro'' alleged that during the ], terrorists had "contacted with activists of Revolutionary Contact Association" and they "may be involved in supplying terrorists with ammunition and its storing at Moscow"<ref name="Utro"> </ref> However, these charges were not brought to the court.


Stomakhin was accused of ] in December 2003 <ref name="hrh"/>. His home was raided in April 2004 and his computers and books were confiscated for the expertise. Stomakhin was interrogated. The Psychiatric expertise at ] found that Stomakhin is ] for the trial. Stomakhin escaped to the ] seeking political asylum status, which was eventually denied. Stomakhin was accused of the extremist activities, calls to violent change of Constitutional regime, calls to violate territorial integrity of Russian Federation, ], inciting ethnic and religious hatred in his articles, which covered among other things, the Chechen conflict, the Russian Orthodox Church, and Russian nation. A case against him was opened in December 2003. His home was raided in April 2004 and his computers and books were confiscated for the expertise. Stomakhin was interrogated. The Psychiatric expertise at ] found that Stomakhin is ] for the trial. Stomakhin escaped to the ] seeking political asylum status, which was eventually denied.
<blockquote></blockquote> <blockquote></blockquote>


==Arrest and trial== ==Arrest and trial==
Having returned to Moscow, Stomakhin was arrested on ] ]. Stomakhin tried to escape during his arrest and fell down from fourth floor of his building, according to his lawyer Alexei Golubev and news reports <ref name="press1"> </ref><ref name="press2"> </ref><ref name="press3"> </ref><ref name="press4"> </ref><ref name="press5"> </ref> <ref name="ngo1"> </ref><ref name="ngo2"> </ref><ref name="inter1"> </ref><ref name="inter2"> </ref> His spine and bones were broken as a result. Having returned to Moscow, Stomakhin was arrested on ] ]. Stomakhin tried to escape during his arrest and fell down from fourth floor of his building. His spine and bones were broken as a result. <ref name="press1"> </ref><ref name="press2"> </ref><ref name="press3"> </ref><ref name="press4"> </ref><ref name="press5"> </ref> <ref name="ngo1"> </ref><ref name="ngo2"> </ref><ref name="inter1"> </ref><ref name="inter2"> </ref> (Stomakhin's lawyer Alexei Golubev<ref name="inter1"> </ref><ref name="inter2"> </ref> stated that Stomakhin jumped out of the window voluntarily.)


He was sentenced to five years of prison for inciting religious and ethnic hatred, promoting violent change of constitutional regime, calls for violation of terriorial integrity of Russian Federation, defamatory statements(articles 280 and 282 of the Russian Criminal Code). He was sentenced to five years of prison for inciting religious and ethnic hatred, promoting violent change of constitutional regime, calls for violation of terriorial integrity of Russian Federation, defamatory statements(articles 280 and 282 of the Russian Criminal Code).
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Stomakhin pleaded not guilty. According to ], news agency, cited by the Committee to Protect Journalists he said he was "tried for his views and not for any real crime. ... In the articles, I expressed my opinion, with which people were free to agree or disagree." He said an opinion was not a “call to action.”. Stomakhin pleaded not guilty. According to ], news agency, cited by the Committee to Protect Journalists he said he was "tried for his views and not for any real crime. ... In the articles, I expressed my opinion, with which people were free to agree or disagree." He said an opinion was not a “call to action.”.
However, according to the official court sentence, Stomahin pleaded not guilty on the grounds that he never made public appeals for extremist activities, never called for violent change of the constitutional regime, and never incited ethnic hatred {{fact}}. However, according to the official court sentence, Stomahin pleaded not guilty on the grounds that he never made public appeals for extremist activities, never called for violent change of the constitutional regime, and never incited ethnic hatred {{fact}}.


==Commentaries== ==Commentaries==
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Human rights activist Svetlana Gannushkina and politician Valeria Novodvorskaya argued that Stomakhin's writings while outrageous had not been a public threat: they were very unlikely to incite anybody. According to Gannushkina and Novodvorskaya the ] who posses a real threat usually receive only minimal sentences or no sentences at all. Thus, the five year prison term to Stomahin is extremely excessive <ref name="Opinions"> - by Anna Karpuk for grani.ru </ref> <ref name="Val1"> - by ] for grani.ru </ref> <ref name="Val2"> - by ] for grani.ru </ref>. However, Gannushkina acknowledged that some Stomakhin's articles were "absolutely outrageous" and she disagrees with his writings.<ref name="Opinions"> - by Anna Karpuk for grani.ru </ref> Human rights activist Svetlana Gannushkina and politician Valeria Novodvorskaya argued that Stomakhin's writings while outrageous had not been a public threat: they were very unlikely to incite anybody. According to Gannushkina and Novodvorskaya the ] who posses a real threat usually receive only minimal sentences or no sentences at all. Thus, the five year prison term to Stomahin is extremely excessive <ref name="Opinions"> - by Anna Karpuk for grani.ru </ref> <ref name="Val1"> - by ] for grani.ru </ref> <ref name="Val2"> - by ] for grani.ru </ref>. However, Gannushkina acknowledged that some Stomakhin's articles were "absolutely outrageous" and she disagrees with his writings.<ref name="Opinions"> - by Anna Karpuk for grani.ru </ref>


Journalist Vladimir Abarinov criticized court proceedings as an example of ] <ref name="Abarinov"> - by Vladimir Abarinov for grani.ru.</ref> He noted that the criminal case against Stomakhin was opened based on an article about ] that was not written by Stomakhin. It was decided by the court that Stomakhin actually copied this article from the Live Journal entry, as well as other publications of numerous news agencies <ref name="Sentence"></ref>. The authors of the original article were not ever accused of hate crimes. The authors of the original work disagree to share their responsibility with Stomakhin citing that he had reproduced their works without permission and distorted the original meaning <ref name="Abarinov"/> Journalist Vladimir Abarinov criticized court proceedings as an example of ] <ref name="Abarinov"> - by Vladimir Abarinov for grani.ru.</ref> He emphisized that on trial it was established that Stomakhin actually plagiarized and rewritten the Live Journal entry, as well as news articles of numerous news agencies<ref name="Sentence"></ref>. The original authors were not ever accused in hate crimes. Still the authors of the original works disagree to share their responsibility with Stomakhin citing that he had reproduced their works without permission and distorted the original meaning <ref name="Abarinov"/>


Critics of the court decision were censured by
Critics of the court decision were censured by Russian publicist Maxim Sokolov. In his newspaper article published after the conviction of Stomakhin <ref name="Izves"> ] ] ]</ref> he argued that unlimited ] should be prosecuted according to the article 282 of the criminal code. He cited a text of unidentified origin, whose author (allegedly Boris Stomakhin) advocated ] and ] on the ] by Chechen fighters. According to Sokolov, the cited passage made application of the article 282 completely appropriate, although this text was never cited as incriminating evidence during the court proceedings. Russian publicist Maxim Sokolov. In his newspaper article published after the conviction of Stomakhin <ref name="Izves"> ] ] ]</ref> he argued that unlimited ] should be prosecuted according to the article 282 of the criminal code.
He cited Stomakhin's article ''Death to Russia'' published on the website of the ''Revolutionary Contact Association'' <ref name=Sto></ref>. The article was written
in response to murder of last elected president of unrecognized by the world community ] ] by Russian forces.

The Stomakhin's article contained the following passages written by Stomakhin: ''Kill, Kill, Kill! To flood all Russia with blood, to not give a quarter to anyone, to try to make at least one atomic explosion on the territory of Russian Federation -- this is like the program of radical Resistance should be, and Russian's, and Chechen's, and anyone's! Let the Russians, according to their deserts, reap as they has sown''<ref name="Izves"/> <ref name=Sto/>. ''Russians should be killed, and only killed, for there is no one among them who is normal, intelligent, or who can be talked with and for understanding of whom we could rely. Harsh collective responsibility of all Russians should be introduced, of all loyal Russian citizens for the actions of the government elected by them -- for the genocide, executions, ordeals, trade with corpses... From that moment there should be no division of killers on combatant and non-combatant, wilful or forced''<ref name=Sto/>.
According to Sokolov the cited passages made application of the article 282 completely appropriate.


==References== ==References==
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==External links== ==External links==
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Revision as of 07:08, 29 January 2007

File:Stomahin.jpg
Boris Stomakhin

Boris Vladimirovich Stomakhin (Russian: Борис Владимирович Стомахин), (born August 24, 1974, Moscow), is a Russian radical political activist, journalist, and editor of dissident periodicals. He was sentenced to five years of prison for inciting religious and ethnic hatred, promoting violent change of constitutional regime, calls for violation of terriorial integrity of Russian Federation, defamatory statements(articles 280 and 282 of the Russian Criminal Code).


Journalism and political activism

Boris Stomakhin was an editor of monthly newspaper "Radical Politics" since 2000. Besides, he contributed numerous materials to Kavkaz Center, the Islamic internet agency that promotes independence of Chechnya and is maintained by Chechen separatists.

According to his court sentence Stomakhin in his articles advocated terrorist attacks on Russian civilians, called to overthrow violently current government of Russian Federation, called to exterminate all Russians, Stomakhin claimed that modern Russia is Evil empire and therefore must be destroyed, called Russians a "nation of occupiers", and compared President Vladimir Putin to Saddam Hussein and Slobodan Milosevic. Stomakhin considered terrorists Shamil Basaev and Salman Raduev as heroes of Chechen resistance and claimed that terrorist acts committed by them are legitimate . On the other hand, opposition and some human rights activists like Valeria Novodvorskaya and Yakov Krotov interpreted his writings as a graphic description of the possible feelings of Chechen people rather than the actual advocating of the terrorist activities

Stomakhin organized a number of pickets by his organization against Russian foreign policy in Ukraine, Estonia, Belarus, Chechnya. He also criticized Russian government in defamatory and obscene statements. He was a leader of radical political group "Revolutionary Contact Association" (RCA). Other members of this organization are Pavel Kantor, Dmitry Tarasov, Ludmila Evstifeeva, and Pavel Luzakov.

According to the Russian newspaper Utro Stomakhin's organization might be involved with Chechen hostage-takers, based on information provided by FSB. Utro alleged that during the Moscow theater hostage crisis, terrorists had "contacted with activists of Revolutionary Contact Association" and they "may be involved in supplying terrorists with ammunition and its storing at Moscow" However, these charges were not brought to the court.

Stomakhin was accused of the extremist activities, calls to violent change of Constitutional regime, calls to violate territorial integrity of Russian Federation, hate speech, inciting ethnic and religious hatred in his articles, which covered among other things, the Chechen conflict, the Russian Orthodox Church, and Russian nation. A case against him was opened in December 2003. His home was raided in April 2004 and his computers and books were confiscated for the expertise. Stomakhin was interrogated. The Psychiatric expertise at Moscow Serbsky Institute found that Stomakhin is competent for the trial. Stomakhin escaped to the Ukraine seeking political asylum status, which was eventually denied.

Arrest and trial

Having returned to Moscow, Stomakhin was arrested on March 21 2006. Stomakhin tried to escape during his arrest and fell down from fourth floor of his building. His spine and bones were broken as a result. (Stomakhin's lawyer Alexei Golubev stated that Stomakhin jumped out of the window voluntarily.)

He was sentenced to five years of prison for inciting religious and ethnic hatred, promoting violent change of constitutional regime, calls for violation of terriorial integrity of Russian Federation, defamatory statements(articles 280 and 282 of the Russian Criminal Code).

Below are some excerpts from Stomakhin's articles cited as incriminating evidence in the court sentence:

  • "Let tens of new Chechen snipers take their positions in the mountain ridges and the city ruins and let hundreds, thousands of aggressors fall under righteous bullets! No mercy! Death to the Russian occupiers!" (the article was written in response to rape and murder of Chechen women Elza Kungaeva by Yuri Budanov)
  • "We, 'Revolutionary Contact Association' and 'Radical Politics' are united with the Committee and are ready to cooperate with it. It is understood that we a lot more radical than it. We are for not waiting until 2008 and we shouldn't bother ourselves particularly with Constitution, but we are for calling people to overthrow and liquidate Putin's regime as soon as possible. And we at all do not see possibility of preserving of present Russian Federation as a single state. But we are for common front with all our allies, even more moderate".
  • "Bombing in Moscow subway was justified, natural and legal... The Chechens have full moral right to blow up anything they want in Russia after what Russia and Russians did to them, none objections on humanism and philanthropy could be accepted."
  • "After all, with the same Budanov's - maniacs, blood lusting sadists, murderers and degenerates with epaulets - all Chechnya is currently filled up. And it is Russian occupation army consists of these same Budanov's".
  • "In Chechnya Russian army ceased to exist as a military structure of a state, finally turned into devilish gang of marauders and killers, intoxicated from narcotics gang".

Stomakhin pleaded not guilty. According to RIA Novosti, news agency, cited by the Committee to Protect Journalists he said he was "tried for his views and not for any real crime. ... In the articles, I expressed my opinion, with which people were free to agree or disagree." He said an opinion was not a “call to action.”. However, according to the official court sentence, Stomahin pleaded not guilty on the grounds that he never made public appeals for extremist activities, never called for violent change of the constitutional regime, and never incited ethnic hatred .

Commentaries

ARTICLE 19 international organization, which protects free speech, stated that "we do not believe Mr. Stomakhin’s comments can be interpreted as incitement to ethnic hatred." He is currently one of two political prisoners in Russia listed by Committee to Protect Journalists , a member of International Freedom of Expression Exchange.

Valeria Novodvorskaya, government opposition figure, leader of the Democratic Union, claimed that the prosecution of Stomakhin was the start of a wider campaign, "because together with him, the entire human rights sector and the entire democratic movement will be put on trial for disagreeing with the majority, for not accepting the state policy of the Russian Federation, for sympathizing with the Chechen people, for anti-war demonstrations and pickets."

According to Micah H. Naftalin, Director of Union of Councils for Soviet Jews, "Bogus charges aimed at stifling dissent, cruel police tactics, ethnic bias, and blatant disregard for criminal procedural statutes are all on open display. We hope that others will join us in condemning this travesty of justice" . He argued that Stomakhin's sentence was disproportionate, but acknowledged that Stomakhin's statements were radical. He emphasized that Boris Stomakhin did not do anything violent, unlike in many other real hate crime cases that were not prosecuted by Russian authorities.

Soviet dissident Vladimir Bukovsky condemned the conviction of Stomakhin as prosecution of free speech. He noted that many famous Russian writers were very critical of Russian nation and cited Nikolai Chernyshevsky who said that Russians are "a pitiful nation of slaves. We are all slaves, from the top to the bottom "

Widow of Andrei Sakharov Elena Bonner stated that Stomakhin is not guilty in extremism and hate speech, and he is a victim of political prosecution like Soviet dissidents who were prosecuted for their writings by Yuri Andropov.

Former FSB officer, writer, and dissident Aleksander Litvinenko said that Stomakhin is "last conscience of Russia" . Litvinenko cited Stomakhin: "Not pacifist wails of 'human rights activists', not agreements and 'negotiations' with executioners and sadists - but only an armed strike!".

Human rights activist Svetlana Gannushkina and politician Valeria Novodvorskaya argued that Stomakhin's writings while outrageous had not been a public threat: they were very unlikely to incite anybody. According to Gannushkina and Novodvorskaya the neofascists who posses a real threat usually receive only minimal sentences or no sentences at all. Thus, the five year prison term to Stomahin is extremely excessive . However, Gannushkina acknowledged that some Stomakhin's articles were "absolutely outrageous" and she disagrees with his writings.

Journalist Vladimir Abarinov criticized court proceedings as an example of Kangaroo court He emphisized that on trial it was established that Stomakhin actually plagiarized and rewritten the Live Journal entry, as well as news articles of numerous news agencies. The original authors were not ever accused in hate crimes. Still the authors of the original works disagree to share their responsibility with Stomakhin citing that he had reproduced their works without permission and distorted the original meaning

Critics of the court decision were censured by Russian publicist Maxim Sokolov. In his newspaper article published after the conviction of Stomakhin he argued that unlimited hate speech should be prosecuted according to the article 282 of the criminal code. He cited Stomakhin's article Death to Russia published on the website of the Revolutionary Contact Association . The article was written in response to murder of last elected president of unrecognized by the world community Chechen Republic of Ichkeria Aslan Maskhadov by Russian forces.

The Stomakhin's article contained the following passages written by Stomakhin: Kill, Kill, Kill! To flood all Russia with blood, to not give a quarter to anyone, to try to make at least one atomic explosion on the territory of Russian Federation -- this is like the program of radical Resistance should be, and Russian's, and Chechen's, and anyone's! Let the Russians, according to their deserts, reap as they has sown . Russians should be killed, and only killed, for there is no one among them who is normal, intelligent, or who can be talked with and for understanding of whom we could rely. Harsh collective responsibility of all Russians should be introduced, of all loyal Russian citizens for the actions of the government elected by them -- for the genocide, executions, ordeals, trade with corpses... From that moment there should be no division of killers on combatant and non-combatant, wilful or forced. According to Sokolov the cited passages made application of the article 282 completely appropriate.

References

  1. ^ Boris Stomakhin article Death to Russia
  2. Independent journalist given five-year sentence allegedly for inciting ethnic strife
  3. ^ Official Court Sentence on Russian language dated 20.11.2006
  4. Boris Stomakhin:Victim of the Regime or a Terrorist Radio Liberty Template:Ru icon
  5. Press article Baraev's group was assisted by someone from Moscow
  6. Prima News Agency report
  7. NewsRu Agency report
  8. Lenta.Ru Agency report
  9. Regnum News Agency report
  10. Grani News Agency report
  11. Human Rights Activists Website of Valeria Novodvorskaya article
  12. Center of Extremal Journalism article
  13. ^ RIAN News Agency investigation
  14. ^ RIAN News Agency news article
  15. ARTICLE 19’S STATEMENT ON THE CONVICTION OF RUSSIAN NEWSPAPER EDITOR BORIS STOMAKHIN, 23 November 2006
  16. KAVKAZ-CENTER WRITER APPEALS JAIL SENTENCE - by Jamestown Foundation
  17. UCSJ Calls For Fair Trial of Russian Jewish Activist, statement of UCSJ November 9, 2006)
  18. Open letter by Vladimir Bukovsky and others
  19. Letter by Sannikova and Bonner.
  20. Opinion of Aleksander Litvineko (Russian)
  21. ^ Conviction of Boris Stomakhin: Opinions (Russian) - by Anna Karpuk for grani.ru
  22. Scapegoats - by Valeria Novodvorskaya for grani.ru
  23. Second-hand fascism - by Valeria Novodvorskaya for grani.ru
  24. ^ Stomakhin Case - by Vladimir Abarinov for grani.ru.
  25. Official Court Sentence on Russian language dated 20.11.2006
  26. ^ Maxim Sokolov Trap-282 Izvestia 23 November 2006

External links

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