07MOSCOW4114, NOT JAIL, BUT NEW RESTRICTIONS FOR FORMER HEAD OF

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Reference ID Created Released Classification Origin
07MOSCOW4114 2007-08-22 13:37 2011-08-30 01:44 CONFIDENTIAL Embassy Moscow

VZCZCXRO7084
PP RUEHDBU
DE RUEHMO #4114 2341337
ZNY CCCCC ZZH
P 221337Z AUG 07
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC PRIORITY 3138
INFO RUCNCIS/CIS COLLECTIVE
RUEHXD/MOSCOW POLITICAL COLLECTIVE

C O N F I D E N T I A L MOSCOW 004114 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 08/20/2017 
TAGS: PGOV PHUM RS
SUBJECT: NOT JAIL, BUT NEW RESTRICTIONS FOR FORMER HEAD OF 
RUSSIAN-CHECHEN FRIENDSHIP SOCIETY 
 
REF: MOSCOW 0276 
 
Classified By: PolCouns Alice G. Wells for reason 1.4(b and d). 
 
1. (C) Summary.  A Nizhniy Novgorod district court on August 
17 did not jail former Russian-Chechen Friendship Society 
head Stanislav Dmitrievskiy for his participation in the 
April Dissenter's March, but instead placed new restrictions 
on his parole conditions.  Under the new restrictions, 
Dmitrievskiy will face a new hearing and possible 
imprisonment if he violates even administrative law more than 
once during a twelve-month period.  Embassy will reiterate 
concern about the government's treatment of Dmitrievskiy. 
END SUMMARY 
 
--------------------------------- 
New Conditions on an Old Sentence 
--------------------------------- 
 
2. (SBU) On August 17, a Nizhniy Novgorod district court 
placed new conditions on the suspended sentence of Stanislav 
Dmitrievskiy, the former head of the banned Russian-Chechen 
Friendship Society.  The court did not revoke his suspended 
sentence and send him to jail, but the new conditions state 
that if he violates even administrative law more than once 
during a 12-month period, the court could re-open his case 
and revoke his suspended sentence. 
 
3. (SBU) In February 2006, Dmitrievskiy was given a two-year 
suspended sentence plus four years of probation for "inciting 
inter-ethnic hatred using mass media" by publishing speeches 
in 2004 by rebel Chechen leaders Aslan Maskhadov and Akhmed 
Zakaev.  He has appealed this conviction to the European 
Court for Human Rights.  According to press reporting, the 
prosecutor requested a review of his sentence because of his 
role in organizing and participating in the April 
"Dissenters' March" in Nizhniy Novgorod, which the 
authorities considered illegal because it took place without 
a government permit. 
 
4. (SBU) Dmitrievekiy's supporters fear that the authorities 
could use any minor infractions, such as jay-walking or 
future participation in unauthorized political 
demonstrations, as a reason to put him behind bars.  However, 
according to a Western diplomat who attended the hearing, his 
suspended sentence would not be automatically revoked, but 
would require a new hearing to decide if he had violated 
these new restrictions and what, if any, steps to take. 
 
------------------------------------------ 
Defiant Dmitrievskiy Appealing to the ECHR 
------------------------------------------ 
 
5. (SBU) According to Oksana Chelysheva, his colleague at 
RCFS, Dmitrievskiy argued at the hearing that the court was 
using the legal system to constrain his political freedoms, 
and contended that the new restrictions did not comport with 
the purposes of the criminal code.  He was reportedly defiant 
and warned the court that these new restrictions would not 
deter him from participating in political action. 
 
6. (SBU) On August 20, Dmitrievskiy expressed to us strong 
doubts that the appeal of his most recent ruling will receive 
a fair hearing in the Russian courts.  He claimed that the 
judge ignored points in his defense and reached a 
pre-ordained decision.  Chelysheva told us that the judge 
failed to explain the grounds for his ruling -- an omission 
that Dmitrievskiy claims violates Article Six of the European 
Convention.  As such, he believes the ruling will actually 
strengthen his appeal of his original sentence before the 
European Court, even as it increases his short-term risk of 
imprisonment. 
 
7. (C) Comment: Dmitrievskiy sounds resolute in defense of 
his position, if pessimistic about his prospects in court, 
and has not been cowed by the threat of time behind bars.  He 
and his defense team worked to draw public scrutiny of his 
case, in part by inviting journalists as observers and by 
holding a press conference after the hearing.  We will follow 
this case closely and raise the issue of Dmitrievskiy's 
treatment with the appropriate GOR authorities. 
Melville

Wikileaks

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