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'''Boris Vladimirovich Stomakhin''' ('']'': Борис Владимирович Стомахин), (born ], ], ]), is a ] politician, journalist, and ]. '''Boris Vladimirovich Stomakhin''' ('']'': Борис Владимирович Стомахин) (born August 24, 1974 in ]) is a Russian ] ], and editor of "Radical politics" periodical. He was convicted three times for hate speech, incriminating him advocating a dismemberment of the Russian Federation and inciting ethnic and religious hatred, and justification of terrorism. The convictions have been questioned by ] organizations ], ], and ].


==Journalism and political activism==
Boris Stomakhin is editor of newspaper "Radikalnaya Politika" since 2000 and leader of "Revolutionary Union" organization since 1999. He was also one of most active participants of ] internet newspaper ].


Stomakhin was a member of ] ].<ref name="mao"> {{webarchive|url=https://web.archive.org/web/20070702143844/http://rgf.maoism.ru/Lenin.htm |date=2007-07-02 }}.</ref> Later he became a leader of a ] political group "Revolutionary Contact Association" (RCA).
He is a leader of "Movement for Independence of Chechnya". Other members of this organization are Pavel Cantora, Dmitry Tarasov, Ludmila Evstifeeva, and Pavel Luzakov.


Since 2000, Boris Stomakhin was an editor of the monthly newspaper "Radical Politics". In addition, he contributed numerous materials to ], the radical ] internet agency that promoted the independence of ] and is maintained by Chechen separatists.
Stomakhin organized numerous demonstrations against the war in Chechya and has been prosecuted by Russian authorities on many occasions. He was arrested on March 21 2006 in Moscow. During this arrest he fell down from the fourth floor of his building (it was said that he tried to escape). His spine and bones were broken. According to Stomakhin's lawyer Alexei Golubev, "He has been kept in a cell all this time, despite the fact that he is practically paralyzed."


According to Russian court, Stomakhin called for the violent overthrow of government,<ref name="Sentence"> {{webarchive|url=https://web.archive.org/web/20070211025136/http://www.zaborisa.narod.ru/061120prigovor.html |date=2007-02-11 }}</ref> claimed that Russian troops in Chechnya are "occupiers", compared President ] to ] and ].,<ref name="hrh">{{Cite web |url=http://www.humanrightshouse.org/dllvis5.asp?id=4975 |title=Independent journalist given five-year sentence allegedly for inciting ethnic strife |access-date=2006-12-19 |archive-url=https://web.archive.org/web/20070101222045/http://www.humanrightshouse.org/dllvis5.asp?id=4975 |archive-date=2007-01-01 |url-status=dead }}</ref> called modern Russia "an ]" that must be destroyed, and considered ] and ] as heroes of legitimate Chechen resistance.<ref name="Sentence"/>
He was sentenced to five years of prison for "promoting hatred", because he claimed that modern Russia is a ] state and therefore must be destroyed, criticized Russians as a "nation of occupiers", and compared President ] to ] and ].


According to ] and ], Stomakhin did not actually promote any terrorist activities and became a political prisoner.<ref name=Svoboda> ] {{in lang|ru}}</ref>
Here is translation of his piece of writing which is quintessential phrase of all his politic ideas:


==Opening of a criminal case against 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 programm 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".


Attempts to prosecute Stomakhin for ] were made unsuccessfully in 2000.<ref name="Abarinov"/>
"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 sould be no division of killers on combatant and non-combatant, wilful or forced".


Successful application to prosecute Stomakhin was made by ] ] ] member ] at the request of another Communist party member Valentina Lavrova.<ref name="kol"> {{webarchive|url=https://web.archive.org/web/20090919074458/http://kolokol.ru/activists/69450.html |date=2009-09-19 }}</ref> Valentina Lavrova has acquired a copy of Stomakhin ] ], while being on ] in ], ], in September 2002.<ref name="Abarinov"/> Being insulted by the text of periodicals she hasn't rushed immediately to authorities, and began to collect the evidence by visiting public actions of Stomakhin and acquiring new numbers of his periodical. After collecting the evidence she referred not to police or security authorities, but to the member of parliament, Viktor Zorkaltsev.<ref name="Abarinov"/>
You may find all the articles of Stomakhin in Russian at .


Stomakhin's home was searched in April 2004 and his computers and books were confiscated.<ref name="Sentence"/> Stomakhin fled to ] seeking ], which was eventually denied.{{citation needed|date=February 2020}}


==Arrest and trial==
Human rights activists Svetlana Gannushkina, ], and other independent observers believe that Stomakhin only exercised his right of ] and did nothing violent, and therefore he is a peaceful
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, according to his lawyer Alexei Golubev and news reports.<ref name="press1"> {{webarchive|url=https://web.archive.org/web/20061116020716/http://prima-news.ru/news/news/2006/3/29/35420.html |date=2006-11-16 }}</ref><ref name="press2"></ref><ref name="press4"></ref><ref name="press5"></ref><ref name="ngo1"></ref><ref name="ngo2"></ref><ref name="inter1"> {{webarchive|url=https://web.archive.org/web/20110522101939/http://rian.ru/defense_safety/investigations/20061005/54549461.html |date=2011-05-22 }}</ref><ref name="inter2"></ref> His spine and bones were broken as a result.
] prosecuted by authorities .

Stomakhin was subsequently interrogated. Psychiatry experts at the ] found that Stomakhin was ] to stand trial.<ref name="Sentence"/>

He was sentenced to five years of prison for inciting hatred and defamatory statements aimed at groups and persons of particular religious and ethnic background and for promoting violent change of constitutional regime and violation of territorial integrity of Russian Federation (articles 280 and 282 of the Russian Criminal Code).<ref> {{webarchive|url=https://web.archive.org/web/20070211025136/http://www.zaborisa.narod.ru/061120prigovor.html |date=2007-02-11 }} {{in lang|ru}}</ref>

In five years after his arrest on 21 March 2011 Somakhin was released from jail.<ref name="Kasparov">{{cite news | url=http://www.kasparov.ru/material.php?id=4D885ECA2BF08 | title=От звонка до звонка | accessdate=March 23, 2011 | date=22 March 2011 | publisher=]}}</ref>

== Second arrest, new criminal case and conviction ==

Boris Stomakhin was arrested again at his apartment Nov. 20 2012 and on a charge of violating the "anti-extremist" articles of the Criminal Code (articles 282 and 205 of the Criminal Code). Detention was the anniversary of his conviction in 2006. Court authorized his detention until 9 February 2013. The investigation was opened on July 10, 2012 and, although this was not mentioned anywhere, and Stomakhin summonses for questioning did not get up to the time of his detention.

The subject of the charges brought against the 21 November 2012 and served as the signature of three articles Stomakhin published on the Internet, namely, "Do not let another Holocaust" and "Untermensch" (in Part 1 of Article 282 of the Criminal Code, "excitement hatred and hostility on grounds of nationality or origin"), and "Mourning" (in Part 1 of the Criminal Code st.205.2, "public justification of terrorism"). In case are other article signed Stomakhin published since 2001 and (also before his first arrest).<ref></ref> The investigation Stomakhin refused to give evidence in accordance with Article 51 of the Constitution.

The arrest of journalist was condemned by a number of public figures, including historian and sociologist Alec D. Epstein,<ref></ref> journalists Daniel Kotsjubinsky and Vladimir Pribylovsky, a former member of the Federation Council Alexei Manannikov, the former ] and political prisoners Adele Naydenovich, ], ], Paul Lyuzakov, Elena Sannikova, ],<ref></ref> and Cyril Podrabinek, ].,<ref></ref> ]. A campaign for his release. So, on the actions of the Russian opposition to 2012-2013 s raised banners with the text "Free Boris Stomakhin", his portraits with the inscription "Boris Stomakhin. 5 years in prison" were pasted on the walls Russian embassy in Berlin the night of January 16, 2013 and during the campaign in support of arrested activists of the Russian opposition,<ref></ref> more than 100 opposition signed a petition demanding the release Stomakhin.<ref></ref>

22 April 2014 Stomakhin was sentenced to 6.5 years in prison.{{citation needed|date=February 2020}} 15 July 2014 sentence has been approved by Moscow city court.

==Third trial==
After the third trial, on April 20, 2015 the sentence was extended to 7 years.<ref name=arka></ref>

==European Court of Human Rights decision==
In May 2018 the ] found that the Stomakhin’s punishment was not proportionate to the legitimate aims pursued and awarded him EUR 12,500 in respect of non-pecuniary damage.<ref></ref>

==Release and emigration==
In September 2019 Stomakhin was released from imprisonment. In November 2019 he left Russia and asked for asylum in ].<ref></ref>

==Commentaries==

===Support===
] said that "people like Boris are the most dangerous for the Putin's regime that deceived millions of Russians, brought them to their knees and transformed them to slaves".<ref>''Political prisoner Boris Stomakhin'', page 10</ref> According to priest ], "Stomakin made a picture of ] with ]? Well, I believe that not only Putin and his generals deserve to wear swastika, but also all Russian civilians who pretend that they know nothing about the genocide of Chechens and discrimination of Georgians in Russia"<ref>''Political prisoner Boris Stomakhin'', page 14</ref>

Stomakhin was qualified as a ]" by the ] and as a ] in an open letter send to ] leaders by Russia's human rights activists ], ].

A group of Russian citizens including ] condemned the conviction of Stomakhin as prosecution of ].<ref name="Bukovsky"> {{webarchive|url=https://web.archive.org/web/20070210222840/http://www.zaborisa.narod.ru/ds.html |date=2007-02-10 }}</ref>

Widow of ] ] compared Stomakhin with Soviet dissidents who were prosecuted for their writings by ].<ref name="Bonner"> {{webarchive|url=https://web.archive.org/web/20070210223146/http://www.zaborisa.narod.ru/lena.html |date=2007-02-10 }}.</ref>

Human rights activist ] and politician ] argued that Stomakhin's writings while being "absolutely outrageous" and "inciting national hatred" had not been a public threat: they were very unlikely to incite anybody <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>

Journalist Vladimir Abarinov criticized court proceedings as an example of ]<ref name="Abarinov"> - by Vladimir Abarinov for grani.ru.</ref> He claimed that the criminal case against Stomakhin was opened based on solely an article about ] that was not written by Stomakhin. It was decided by the court that Stomakhin actually copied this article from a ] entry, as well as other publications of numerous news agencies.<ref name="Sentence"/> 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"/>

===Criticism===
M. Smolin from ] described views of Stomakhin as extremely ].<ref name="KM">{{Dead link|date=October 2015}}</ref>

Critics of the court decision were denounced by publicist {{Interlanguage link multi|Maxim Yuryevich Sokolov|ru|3=Соколов, Максим Юрьевич (журналист)|lt=Maxim Sokolov}}. In his article published in '']'' newspaper after the conviction of Stomakhin<ref name="Izves"> (''Catch 282''), Maxim Sokolov, ] 23 November 2006</ref> he remarked that Stomakhin's writings were worse than ] by ] ("Against this backdrop, Mein Kampf is a textbook of humanism.") and that the ] must be prosecuted according to the article 282 of the Russian criminal code. He cited in support a text written by Boris Stomakhin, that "] and ] must be exterminated" by all available means including ], because all Russians are collectively responsible for actions of their government with respect to ]. According to Sokolov, the cited passage made application of the article 282 completely appropriate.<ref name="Sentence"/>

Aleksandr Cherkasov of the human rights center ] stated that they did not consider Stomakhin ], because his writings did call for discrimination and violence. At the same time he described the punishment as excessive, because Stomakhin did not organize any criminal acts.<ref name=arka/>

==References==
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==External links== ==External links==
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* {{in lang|ru}} , dated November 20, 2006
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Latest revision as of 01:54, 5 April 2024

Boris Vladimirovich Stomakhin (Russian: Борис Владимирович Стомахин) (born August 24, 1974 in Moscow) is a Russian radical political activist, and editor of "Radical politics" periodical. He was convicted three times for hate speech, incriminating him advocating a dismemberment of the Russian Federation and inciting ethnic and religious hatred, and justification of terrorism. The convictions have been questioned by human rights organizations ARTICLE 19, Committee to Protect Journalists, and Union of Councils for Soviet Jews.

Journalism and political activism

Stomakhin was a member of Maoist Revolutionary Workers Party. Later he became a leader of a radical political group "Revolutionary Contact Association" (RCA).

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

According to Russian court, Stomakhin called for the violent overthrow of government, claimed that Russian troops in Chechnya are "occupiers", compared President Vladimir Putin to Saddam Hussein and Slobodan Milošević., called modern Russia "an Evil empire" that must be destroyed, and considered Shamil Basaev and Salman Raduev as heroes of legitimate Chechen resistance.

According to Valeria Novodvorskaya and Yakov Krotov, Stomakhin did not actually promote any terrorist activities and became a political prisoner.

Opening of a criminal case against Stomakhin

Attempts to prosecute Stomakhin for hate speech were made unsuccessfully in 2000.

Successful application to prosecute Stomakhin was made by opposition Communist Party State Duma member Viktor Zorkaltsev at the request of another Communist party member Valentina Lavrova. Valentina Lavrova has acquired a copy of Stomakhin Radical Politics periodical, while being on rally in Mayakovsky Square, Moscow, in September 2002. Being insulted by the text of periodicals she hasn't rushed immediately to authorities, and began to collect the evidence by visiting public actions of Stomakhin and acquiring new numbers of his periodical. After collecting the evidence she referred not to police or security authorities, but to the member of parliament, Viktor Zorkaltsev.

Stomakhin's home was searched in April 2004 and his computers and books were confiscated. Stomakhin fled to Ukraine seeking political asylum, 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, according to his lawyer Alexei Golubev and news reports. His spine and bones were broken as a result.

Stomakhin was subsequently interrogated. Psychiatry experts at the Moscow Serbsky Institute found that Stomakhin was competent to stand trial.

He was sentenced to five years of prison for inciting hatred and defamatory statements aimed at groups and persons of particular religious and ethnic background and for promoting violent change of constitutional regime and violation of territorial integrity of Russian Federation (articles 280 and 282 of the Russian Criminal Code).

In five years after his arrest on 21 March 2011 Somakhin was released from jail.

Second arrest, new criminal case and conviction

Boris Stomakhin was arrested again at his apartment Nov. 20 2012 and on a charge of violating the "anti-extremist" articles of the Criminal Code (articles 282 and 205 of the Criminal Code). Detention was the anniversary of his conviction in 2006. Court authorized his detention until 9 February 2013. The investigation was opened on July 10, 2012 and, although this was not mentioned anywhere, and Stomakhin summonses for questioning did not get up to the time of his detention.

The subject of the charges brought against the 21 November 2012 and served as the signature of three articles Stomakhin published on the Internet, namely, "Do not let another Holocaust" and "Untermensch" (in Part 1 of Article 282 of the Criminal Code, "excitement hatred and hostility on grounds of nationality or origin"), and "Mourning" (in Part 1 of the Criminal Code st.205.2, "public justification of terrorism"). In case are other article signed Stomakhin published since 2001 and (also before his first arrest). The investigation Stomakhin refused to give evidence in accordance with Article 51 of the Constitution.

The arrest of journalist was condemned by a number of public figures, including historian and sociologist Alec D. Epstein, journalists Daniel Kotsjubinsky and Vladimir Pribylovsky, a former member of the Federation Council Alexei Manannikov, the former Soviet dissidents and political prisoners Adele Naydenovich, Natalya Gorbanevskaya, Andrey Derevyankin, Paul Lyuzakov, Elena Sannikova, Alexander Podrabinek, and Cyril Podrabinek, Valeria Novodvorskaya., Pyotr Verzilov. A campaign for his release. So, on the actions of the Russian opposition to 2012-2013 s raised banners with the text "Free Boris Stomakhin", his portraits with the inscription "Boris Stomakhin. 5 years in prison" were pasted on the walls Russian embassy in Berlin the night of January 16, 2013 and during the campaign in support of arrested activists of the Russian opposition, more than 100 opposition signed a petition demanding the release Stomakhin.

22 April 2014 Stomakhin was sentenced to 6.5 years in prison. 15 July 2014 sentence has been approved by Moscow city court.

Third trial

After the third trial, on April 20, 2015 the sentence was extended to 7 years.

European Court of Human Rights decision

In May 2018 the European Court of Human Rights found that the Stomakhin’s punishment was not proportionate to the legitimate aims pursued and awarded him EUR 12,500 in respect of non-pecuniary damage.

Release and emigration

In September 2019 Stomakhin was released from imprisonment. In November 2019 he left Russia and asked for asylum in Ukraine.

Commentaries

Support

Alexander Litvinenko said that "people like Boris are the most dangerous for the Putin's regime that deceived millions of Russians, brought them to their knees and transformed them to slaves". According to priest Yakov Krotov, "Stomakin made a picture of Putin with swastika? Well, I believe that not only Putin and his generals deserve to wear swastika, but also all Russian civilians who pretend that they know nothing about the genocide of Chechens and discrimination of Georgians in Russia"

Stomakhin was qualified as a prisoner of conscience" by the Union of Councils for Soviet Jews and as a political prisoner in an open letter send to G7 leaders by Russia's human rights activists Sergei Kovalev, Yelena Bonner.

A group of Russian citizens including Vladimir Bukovsky condemned the conviction of Stomakhin as prosecution of free speech.

Widow of Andrei Sakharov Elena Bonner compared Stomakhin with Soviet dissidents who were prosecuted for their writings by Yuri Andropov.

Human rights activist Svetlana Gannushkina and politician Valeria Novodvorskaya argued that Stomakhin's writings while being "absolutely outrageous" and "inciting national hatred" had not been a public threat: they were very unlikely to incite anybody

Journalist Vladimir Abarinov criticized court proceedings as an example of kangaroo court He claimed that the criminal case against Stomakhin was opened based on solely an article about Russian Orthodox Church that was not written by Stomakhin. It was decided by the court that Stomakhin actually copied this article from a Live Journal entry, as well as other publications of numerous news agencies. 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.

Criticism

M. Smolin from Komsomolskaya Pravda described views of Stomakhin as extremely Russophobic.

Critics of the court decision were denounced by publicist Maxim Sokolov [ru]. In his article published in Izvestia newspaper after the conviction of Stomakhin he remarked that Stomakhin's writings were worse than Mein Kampf by Adolf Hitler ("Against this backdrop, Mein Kampf is a textbook of humanism.") and that the hate speech must be prosecuted according to the article 282 of the Russian criminal code. He cited in support a text written by Boris Stomakhin, that "Russian Federation and Russians must be exterminated" by all available means including nuclear bomb, because all Russians are collectively responsible for actions of their government with respect to Chechen people. According to Sokolov, the cited passage made application of the article 282 completely appropriate.

Aleksandr Cherkasov of the human rights center Memorial stated that they did not consider Stomakhin political prisoner, because his writings did call for discrimination and violence. At the same time he described the punishment as excessive, because Stomakhin did not organize any criminal acts.

References

  1. Lenin, facsists and sexual minorities freedom Archived 2007-07-02 at the Wayback Machine.
  2. ^ Official Court Sentence on Russian language dated 20.11.2006 Archived 2007-02-11 at the Wayback Machine
  3. "Independent journalist given five-year sentence allegedly for inciting ethnic strife". Archived from the original on 2007-01-01. Retrieved 2006-12-19.
  4. Boris Stomakhin:Victim of the Regime or a Terrorist Radio Liberty (in Russian)
  5. ^ Stomakhin Case - by Vladimir Abarinov for grani.ru.
  6. Radical politics and unrestrainted silliness Archived 2009-09-19 at the Wayback Machine
  7. Prima News Agency report Archived 2006-11-16 at the Wayback Machine
  8. NewsRu 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 Archived 2011-05-22 at the Wayback Machine
  14. RIAN News Agency news article
  15. Text of Stomakhin's sentence Archived 2007-02-11 at the Wayback Machine (in Russian)
  16. "От звонка до звонка". Kasparov.ru. 22 March 2011. Retrieved March 23, 2011.
  17. Chronicle of a new criminal case against Boris Stomakhin
  18. Alex Epstein, "The Glass Bead Game Boris Stomakhin"
  19. Alexander Podrabinek "Human Rights cross"
  20. Valeria Novodvorskaya "Unprotected opposition"
  21. Berlin Action in defense of Russian political prisoners in Berlin
  22. Freedom Boris Stomakhin! No harassment for thoughts and words!
  23. ^ Суд приговорил публициста Бориса Стомахина к семи годам заключения
  24. CASE OF STOMAKHIN v. RUSSIA
  25. Публицист Борис Стомахин уехал из России после освобождения из колонии
  26. Political prisoner Boris Stomakhin, page 10
  27. Political prisoner Boris Stomakhin, page 14
  28. Open letter in support of Boris Stomakhin Archived 2007-02-10 at the Wayback Machine
  29. Letter by Sannikova and Bonner Archived 2007-02-10 at the Wayback Machine.
  30. Conviction of Boris Stomakhin: Opinions (Russian) - by Anna Karpuk for grani.ru
  31. Scapegoats - by Valeria Novodvorskaya for grani.ru
  32. Second-hand fascism - by Valeria Novodvorskaya for grani.ru
  33. Komsomolskaya Pravda article
  34. "Ловушка-282" (Catch 282), Maxim Sokolov, Izvestia 23 November 2006

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