Since the beginning of the full-scale invasion, the Russian Federation has expanded the scope of persecuting the residents of Crimea for any public manifestations of a pro-Ukrainian position. Administrative penalties for violation of Article 20.3.3 of the Criminal Code of the Russian Federation (“discreditation of the armed forces of the Russian Federation”) have become a common instrument for this. Since March 2022, the Crimean Human Rights Group has been documenting cases of persecution of Crimeans under this article. A brief review of “judicial” decisions under RF CC Article 20.3.3 is provided for you below.
For the last six months the Crimean Human Rights Group has documented several dozens of “court” judgements passed by the Crimean courts controlled by Russia, in such cases. The review of these judgements proves that the article is used to consistently restrict freedom of expression in the territory of Crimea.
The following actions are subject to persecution:
- anti-war slogans and statements;
- placement of Ukrainian flag photos on social networks;
- attempts to call Crimea an occupied territory of Ukraine;
- any negative statements about representatives of the Russian authorities and the army;
- statements in support of Ukraine;
- “Glory To Ukraine” slogan published on the network or voiced in the street;
- Expression of one’s opinion condemning war crimes committed in the combat zone in the territory of Ukraine;
- attempts to call “Special Military Operation” a war.
For six months (April 1, 2023 – September 30, 2023) the CHRG documented at least 150 “court” judgements on administrative penalty of Crimea residents under RF CoAO Article 20.3.3. The penalty for statements listed above is usually a fine of RUR15,000 – 50,000.
Some citations from these “court” judgements as illustrations:
Persecution for Anti-War Slogans and Statements
On April 26, 2023, Valentina Kamynina, “judge” of the “Kievskiy District Court” of Simferopol, issued a decision on a fine of RUR30,000 against a resident of Crimea, who published the flag of Ukraine with the inscription “Peaceful Sky Overhead” on the Instagram social network.
“A publication published on the Instagram social network, which depicts the flag of Ukraine with the inscription “peaceful sky overhead” was revealed, with this publication he expressed his disagreement with the actions of the Armed Forces of the Russian Federation, with the conduct of the Special Military Operation in the territory of Ukraine, and carried out public actions aimed at discrediting the use of the Armed Forces of the Russian Federation,” the “judge” decided.
On July 21, Andrey Terentyev, “judge” of the “Feodosiya City Court”, issued a decision on a fine of RUR30,000 against a resident of Crimea for posting the status #нетвойне (no war) on the VKontakte social network.
On July 24, Sergey Romanov, “judge” of the “Nakhimovskiy District Court” of Sevastopol, issued a decision on a fine of RUR30,000 for the inscription “No War” painted by a resident of Crimea on a concrete surface on the street.
The “court” decision says: “On June 24, 2023, at 04:45pm a person who, being aware of the publicity and illegality of his action, in violation of Art. 10, 27 of the Federal Law dated May 31, 1996, No. 61-FZ “On Defense”, painted the inscription “No War” on the concrete ring, thereby carrying out public actions aimed at discrediting the use of the Armed Forces of the Russian Federation, was revealed.”
Placement of Ukrainian Flag Photos on Social Networks
On June 10, Irina Shevchenko, “judge” of the “Krasnogvardeyskiy District Court of Republic of Crimea”, fined two residents of Crimea who had placed an image of the national flag of Ukraine on the social networks. The “judge” determined such actions as discreditation of the armed forces of the Russian Federation. The “court” issued a decision on a fine of RUR40,000 for each of the Crimeans.
“The accused placed an image of the national flag as well as the national colors of Ukraine, which are currently used by the armed forces of Ukraine in the course of armed conflicts and violent actions directed against the Armed Forces of the Russian Federation, on his page on social networks. These national colors are also used on the uniforms of the armed forces of Ukraine that demonstrates a clear negative attitude towards the Armed Forces of the Russian Federation,” the “decision” says.
Attempts to Call Crimea an Occupied Territory of Ukraine
On July 20, Tatiana Markina, “judge” of the “Yevpatoriya City Court of Republic of Crimea”, issued a decision on a fine against a resident of Crimea who stated in the street in the presence of her acquaintances that Crimea was a territory of Ukraine occupied by the Russian Federation.
“She publicly expressed a negative attitude towards the state authorities of the Russian Federation, calling the Republic of Crimea a territory of Ukraine occupied by Russia. She made these statements for a long period of time, including in the presence of residents of nearby buildings, that is, she committed an offense involving administrative liability under part 1 of Art. 20.3.3 of the Code of Administrative Offenses of the Russian Federation”, the “judge” ruled.
Any Negative Statements about Representatives of the Russian Army
On July 31, Mariya Bedritskaya, “judge” of the “Razdolnoye District Court”, issued a decision on a fine of RUR35,000 against a resident of Crimea who was obscenely speaking in the street against the actions of the Russian army.
On August 18, Inessa Grigoryevskaya, “judge” of the “Kerch City Court”, fined a Crimean resident, who declared that the invasion of the Russian Federation into Ukraine was not needed by anyone and brought only destruction, RUR40,000.
“He worded disrespectful phrases regarding the Armed Forces of the Russian Federation, called on the “Russian army to flee from here”, expressed a negative attitude towards the special military operation, stated that he did not care about the conduct of the Special Military Operation, that only destruction would result from its conduct, that none needed the Special Military Operation carried out by the Armed Forces of the Russian Federation, that is, he publicly carried out actions discrediting the use of the Armed Forces of the Russian Federation,” the “decision” states.
Public Statements in Support of Ukraine
On April 21, Aleksey Nikitiuk, “judge” of the “Kievskiy District Court” of Simferopol issued a decision on a fine of RUR40,000 against a resident of Crimea who had posted an image of Ukrainian flag with the inscription “No WAR we stand with Ukraine” on VKontakte social network.
“Thus, she expressed her disagreement with the actions of the Armed Forces of the Russian Federation regarding the conduct of a special military operation in the territory of Ukraine and considered these actions to be tantamount to war, i.e., she carried out public actions aimed at discrediting the use of the Armed Forces of the Russian Federation,” the “court” decision says.
On April 24, Liudmila Tumaykina, “judge” of the “Gagarinskiy District Court” of Sevastopol passed a decision on a fine of RUR15,000 against a resident of Crimea who had claimed on the social networks that he was waiting for a successful de-occupation of Crimea by Ukrainian troops.
“He reported that the Armed Forces of Ukraine were defeating the Armed Forces of the Russian Federation, denied the sovereignty of the Russian Federation over the Republic of Crimea and the city of Sevastopol, declaring that Crimea was Ukraine, indicated that he expected a successful offensive by the Armed Forces of Ukraine and their occupation of the territory of the Republic of Crimea and the city Sevastopol. Therefore, he indicated the impossibility of achieving the goal of conducting a special military operation to demilitarize and de-Nazify Ukraine – that is, he publicly discredited the use of the Armed Forces of the Russian Federation”, the “judge” decided.
Penalty for Glory To Ukraine Slogan
On June 16, Andrey Terentyev, “judge” of the “Feodosiya City Court”, issued a decision on a fine of RUR30,000 against a Crimean Tatar for posting his photo with the Ukrainian flag and slogan “Glory to Ukraine’ on the social networks.
“This photo is available for viewing by all friends in the number of 73 users and all users of the VKontakte social network, since access to the page was open.
According to him, he believes that the Russian army is waging a full-scale war against Ukraine. According to the scientific opinion No. MD01-3/20, MBUK Feodosiya Museum of Antiquities, the slogan “Glory to Ukraine” has the character of a provocation against the state system and discreditation of the use of the Armed Forces of the Russian Federation,” the “court” decision says.
On September 19, Yelena Bekenstein, “judge” of the “Yalta Town Court’, fined a resident of Crimea who was shouting slogan “Glory to Ukraine” in the street, RUR40,000. This action was also called the action aimed at discrediting the Armed Forces of the Russian Federation in the “court” decision.
Public Censure of Russian Crimes in Ukraine
On June 6, Yevgeniy Pronin, “judge” of the “Kievskiy District Court” of Simferopol, issued a decision on a fine of RUR45,000 against a resident of Crimea who was mailing leaflets saying that Crimea was occupied, and Ukraine needed a global support in fighting with Russia, an aggressor.
“Therefore, the court concludes that he carried out public actions aimed at discrediting the use of the Armed Forces of the Russian Federation,” the “decision” says.
On August 1, Irina Yerokhina, “judge” of the “Chernomorskiy District Court”, issued a decision on a fined of RUR30,000 against a resident of Crimea who expressed in the public transport that the actions of Russian military personnel in Ukraine were illegal, because they were carrying out illegal orders of their commanders, and that Russian military personnel must answer for their war crimes.
Attempts to Call “Special Military Operation” a War
On April 14, Aleksey Nikitiuk, “judge” of the “Kievskiy District Court” of Simferopol issued a decision on a fine of RUR30,000 against a resident of Crimea who had published a photo of Ukrainian flag with heart on Instagram social network, and a link to a video of the Armed Forces of Ukraine titled “None of Us Is Born For War”.
“Thus, she expressed her disagreement with the actions of the Armed Forces of the Russian Federation regarding the conduct of a special military operation in the territory of Ukraine and considered these actions to be tantamount to war, i.e., she carried out public actions aimed at discrediting the use of the Armed Forces of the Russian Federation,” the “judge” decided.
CONCLUSIONS
The above decisions are regularly issued by the Crimean “courts” controlled by the Russian Federation, with different “judges” in different “courts” often using the same wording to justify their decisions.
It is worth noting that the “judges” issuing such decisions include those who also issue other unlawful decisions within the politically motivated criminal persecution of Crimeans.
For example, in 2016, Valentina Kamynina, “judge” of the “Kievskiy District Court of Simferopol”, issued unlawful decisions to extend the detention periods of Crimean Tatars: Rustem Ismailov and Ayder Saledinov, who were prosecuted on fabricated criminal cases.
In March, 2020, Andrey Terentyev, “judge” of the “Feodosiya City Court”, in violation of the international humanitarian law norms, sentenced a resident of Crimea for not wanting to undergo compulsory service in the Armed Forces of the Russian Federation.
Before the occupation of Crimea, these “judges” had worked in the Ukrainian judicial system, but in 2014 they switched to the side of the occupying power and are now targets of criminal proceedings for violation of Art. 111 of the Criminal Code of Ukraine (treason).
The established practice of applying fines, administrative and criminal persecution of the residents of Crimea for any anti-war and pro-Ukrainian position proves that in the occupied territories Russia is implementing a targeted policy of intimidation of the local population and curtailment of freedom of expression, including efforts to destroy the national identity of citizens of Ukraine staying under occupation.
