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Sunday, October 25, 2015

THE NEW RUSSIA FIRST PEOPLE’S COURT (25 OCTOBER 2014)



 
Sentencing was determined by a show of hands

Alleged Child Molester Sentenced to Death by Show of Hands in Eastern Ukraine
Filed: 11/4/14 at 1:01 PM  | Updated: 11/4/14 at 1:52 PM 

A pro-Russian separatist stands guard near the temple of Archangel Michael in Makiivka, outside Donetsk, October 29, 2014. Maxim Zmeyev
East Ukrainian separatists have released video footage of the first criminal court case held in the self proclaimed republics of Luhansk and Donetsk, where militant rebels sentence a man to death for rape after a show of hands in favour.

The footage shows the proceedings of the self-declared “New Russia First People’s Court” that took place on 25 October in the town of Alchevsk in the Luhansk region. In the courtroom, members of the pro-Russian Prizrak (Ghost) battalion press charges against two men who they accuse of sexually abusing minors.

The court case, held in the settings of a run-down Soviet hall, offers a glimpse of the effect the declaration of independent republics has had on the rule of law in eastern Ukraine. Pro-Russian separatists declared the regions of Donetsk and Luhansk independent of the Kiev government in May. The separatists held elections last week that were both won by fighters who had previously declared themselves president, although the votes were not recognised by Kiev, the EU or the United States.


The sentence for both men would have entailed death by firing squad, but after appeals to a 340-person jury the first man narrowly avoided the death penalty and is instead sent to fight for the Prizrak battalion as punishment.

The video showing evidence for charges against the two suspected rapists is presented by a three-member panel of Prizrak battalion fighters acting as judges, with the battalion's leader, Alexey Mozgovoy, officiating the proceedings.

Before the floor is open for attending citizens to share their thoughts and ask questions, the rebel fighter to the right of Mozgovoy addresses the public.

“I would like to make sure you understand why we have called court today,” he says.
“Today you have your first chance to act like an active, civil society, with an active position and with the right to have a say.”

“Every one of us must understand that building this new society will not depend on only one or two people. Every one of us has to hold themselves accountable.”

Mozgovoy then presents the sequence of events which led to the first suspect’s capture, all evidence of which has been collected and assessed by his battalion.

Some members of the jury, comprised of both militants and civilians, begin boisterously debating the extent of the suspect’s guilt.

“I have a daughter and a granddaughter,” one elderly local declares. “If this ‘creature’ went after my granddaughter, I would shoot him myself. Shoot him!”

Another jumps to the suspect’s defence, highlighting that the victim went to the suspect’s home and accepted a mobile phone from him as payment. “Is this just any normal girl?” he asks, before answering his own question. “This is a girl involved in prostitution”.

One local woman reacts bitterly to this, turning to the suspect and telling him “Did you not know what you were doing? You took advantage of the situation.”

A third, much younger man chimes in, offering his opinion on the matter as “a guest in Luhansk.”

“I came to Luhansk to deliver aid to a children’s hospital six months ago, so I do not have a say in this vote but I cannot stay silent,” he says. “You say you are absolved of guilt because the girl came to you herself, but ask yourself what would you do if your son was in her position,” he adds, turning to the suspect.

After a show of hands sentences the first suspect to service on the frontlines he falls to his knees in tears, while Mozgovoy moves on proceedings to the second suspect’s case.

Mozgovoy presents a long list of evidence allegedly found by the Prizrak battalion of sexually-based offences by the suspect, including raping a “victim, aged 14, who suffered psychological trauma as a result” of the man’s advances.

The suspect is not allowed to speak until after a nearly unanimous show of hands condemns him to death by firing squad, at which point his mother leaps up in tears, begging the court to spare him.

“It is my fault,” the woman pleads, “I am the one to blame.”

The second suspect is then handed a microphone by a battalion member and, seeming stunned, asks for forgiveness and “a chance to repent” for his "mistakes."

His voice is drowned out by jeers from the crowd and he is taken away by armed battalion militants.

In August, Ukrainian separatist rebels voted to legitimise the death penalty for crimes like desertion and looting. Unconfirmed evidence of capital punishment being used by pro-Russian rebels has been the subject of speculation before. In June, a video appeared online that appeared to show rebel leader Igor Bezler executing two pro-Kiev soldiers by firing squad.

In May, documents signed by former rebel leader Igor Strelkov emerged online ordering the execution of looters, using a Stalin-era Russian law as legal grounds for the execution.

INTERNET SOURCE:

Rebels in Ukraine 'post video of people’s court sentencing man to death'

Footage appears to show alleged rapist’s punishment being decided by a show of hands in an unofficial public trial


By Tom Parfitt, Moscow

2:38PM GMT 31 Oct 2014

A pro-Russian separatist from the rebel Interior ministry stands near an armored personnel carrier during an oath-taking ceremony in Donetsk. The Donetsk People’s Republic announced it was introducing the death penalty for “gravest crimes” in August. Photo: MAXIM ZMEYEV/REUTERS
 Pro-Russian rebels in Ukraine have released a video which appears to show a “people’s court” sentencing a man to death by a show of hands.

The man, accused of rape, is brought before a panel of three rebels in military fatigues, one of them in a mask, on a stage in front of an auditorium where several hundred people are sitting.

After a brief review of evidence, the panel asks the audience to vote on whether the man should be executed.

Some of the people in the room giggle as the majority raise their hands. The senior rebel on the panel announces that he will be shot dead. A second man escaped the punishment but was sentenced to be sent to fight on the front against Ukrainian forces and "die with honour".

The video could not be independently verified but has been widely shared by pro-separatist media. It was originally published on a YouTube channel associated with Alexei Mozgovoy, a rebel who commands the Prizrak (Ghost) battalion.

It was unclear whether the punishment had been carried out. The hearing reportedly took place on October 25 in Alchevsk, a small city under rebel control in Ukraine’s Luhansk region.

The rebel leadership in the neighbouring Donetsk People’s Republic announced it was introducing the death penalty for “gravest crimes” in August. 


November 16, 2014
Sentenced to Death with a Show of Hands
Eastern Ukrainian rebels are reinventing justice


Igor Ananeyev, a 37-year-old ex-cop, left his shift at a rebel base in the eastern Ukrainian town of Alchevsk one night in September and went to meet a girl.

She was 15, the same age as his son, but that did not stop Ananeyev. His wife, who had left him earlier in the year, was living in Kiev. And his son was sleeping at a dormitory for the children of the fighters. Night had just settled when he brought the girl, “Nastia,” back to his apartment. She asked him if he had anything to drink, so he pulled a bottle of vodka from his fridge. They smoked a bit of weed. Then after getting her drunk, he brought her into his bedroom. 

"She was young," he explained to me when I met him months later. "It all happened quickly." The next morning, he dropped her off at work, and gave her a cell phone as a "present." One day later, his rebel comrades arrested him and told him it was "the end." He knew they meant the end of him. He wrote a confession. He prayed. He drew a picture of god.

Nearly a month and half passed, and then he landed in the People's Court of Novorossiya, a makeshift tribunal presided over by a local warlord named Alexey Mozgovoy, and adjudicated by several hundred locals. Ananeyev and a second man, Vitaly Krovtsov, faced the death penalty for child rape. There were no witnesses called, no lawyers present, and no real evidence put forward. In the end, Ananeyev and Krovtsov's fates were decided by a show of hands. Several members of the crowd were reportedly drunk.

Mozgovoy’s battalion, the “Ghost Battalion,” soon uploaded video of the October 25th trial to YouTube. It opens with a shot of the two suspects being led, hands behind their backs, up the steps of the local House of Culture, past white columns, and into a pink-walled theater. Cheesy, dramatic rock music blares. Inside, the suspects sit at a desk, stage left, next to red curtains. Three camouflaged rebels, one with a black scarf covering his face, officiate from a bench in the center.

"I ask, in accordance with wartime law, to sentence Ananeyev Igor Vladimirovich ... to the highest degree of punishment: execution by firing squad," one of the rebels says to open the trial. "The decision will be made by the people of Novorossiya. Means of decision: a simple majority of votes." Mozgovoy, on the far left in a black cap, then takes the microphone and calls the court "the perfect form of people power." 

Rebel justice in wartime eastern Ukraine's has been cruel since its inception. Igor Strelkov, the erstwhile supreme commander of the separatist movement in Donetsk, famously had looters shot in secret military tribunals. But this "People's Court" seems different somehow. Watching the video is like getting into Marlow's boat and embarking down the river into a modern-day Heart of Darkness. The "People's Court" shows a process unfold: You watch ordinary people grapple with morality, mortality, and justice, unencumbered by legal procedure. It hints, not so subtly, at the precariousness of civilization. Guilt becomes a slippery concept. We have two child rapists, a maniacal ruler, and a complaisant population: Who is more in the wrong and why?

 This unsettling state of moral ambiguity has deep roots. 

Ukraine inherited a Soviet-era system where the judge hands down rulings; there have never been official jury trials. Under former President Viktor Yanukovych, the courts were merely instruments. Verdicts were decided before hearings—what mattered was not guilt, but the size of your bank account. Before Ukraine’s revolution this spring, 66 percent of Ukrainians considered the judiciary "extremely corrupt"—the highest of all institutions in the country.

Once eastern Ukraine’s separatists began seizing territory in April, state institutions—the shaky justice system included—crumbled. The self-styled People’s Republics of Donetsk and Luhansk have yet to establish any laws of their own. Into the vacuum have come warlords and rebels, with their own twisted ideas of how to replace the old courts. Most of the time it involves summary justice, arbitrary detention, and widespread torture. Mozgovoy’s “People’s Court” may sit on the civil end of this dark spectrum.

In early November, two colleagues and I set out for Alchevsk to meet the infamous commander and get some answers about what actually happened to Ananeyev and Krovtsov, and why. Mozgovoy received us in his office on the second floor of his headquarters, in a building that used to belong to the local newspaper. He wore fatigues, and his clear blue eyes peeked out from under an olive green cap. He sat behind a desk with seven cell phones on it, and two rifles rested against the wall behind him. Propped in the far corner of the room, opposite a fake lemon tree, stood a real silver sword.

Alexey Mozgovoy, Commander of the pro-Russian Separatist "Ghost Battalion"
A native of eastern Ukraine, Mozgovoy always wanted to be a soldier, and his years in the Ukrainian army left him unfulfilled. After leaving the service in the late 1990s, he worked odd jobs and dabbled in music. He even wrote some poetry—strained verses about his mother, about love, about angels. (Spoiler: It’s not very good.) He had been working in Russia when protests broke out in Kiev. The separatist movement in the Donbas emerged as his calling. 

In February, he left his job, returned home to Luhansk, and began recruiting fighters. He proved himself a ruthless commander, and an effective self-promoter. He once roadtripped to Moscow to lobby nationalist Russian lawmakers to support eastern Ukraine’s rebels. Eventually he came to control Alchevsk, a town of roughly 100,000 near the war’s northern front. 

As the war in Ukraine has dragged on, the feverish Russian nationalists (like Strelkov) who led the first charge have largely been pushed out and replaced with bland and pliant stand-ins. Mozgovoy is one of the few exceptions. He still clings to the idea of "Novorossiya," and speaks of building a socialist system of "direct democracy" and "people power" in his future republic. He fancies himself a bit after Lenin, and a bit after Nestor Makhno, a famed Ukrainian anarchist. At the People's Court, he suggested arresting women for visiting bars, saying that "a woman should be mother and homemaker" and commanding the women in town to "stay home and bake pies." (He told us this was merely a scare tactic, but we did not stay long enough to see who still dared go to the bars.)

Mozgovoy folds his hands as he speaks. He told me the People's Court was an “experiment.” Ukraine, especially the Russophile eastern regions, is notoriously paternalistic, trained by years of Soviet rule to avoid civic duty. By calling the People's Court, Mozgovoy wanted to awaken civil society. "People must feel responsibility for life," he said, stroking his grey-streaked goatee. "Otherwise life passes by our citizens."

In the end, Ananeyev got off relatively easy. The crowd decided to send him to the front lines, where he would fight for his life. Krovtsov did not. Amidst cheers and applause, 271 of the 290 present voted to have him shot. Both men now await their punishments at a rebel base in town. 

Neither man denies his guilt. Krovtsov, with a black beanie and a black eye, told us he is "ashamed" when two colleagues and I met him in the base's shady courtyard. The tattoos on his hands speak of a life of crime—a total of 14 years in Ukrainian prisons on several separate charges. In town, women know to avoid him. (His captors believe that he avoided even harsher sentencing under the old authorities because of ties to the corrupt local police.)

When we asked Ananeyev what he thought of this new court, he answered that the People's Court was an improvement on the old system. "It's not ideal," Ananeyev said. "But it's better than when the courts were paid for." It's impossible, of course, to know how much the presence of his captors influenced his answer.

But even his father, Vladimir, agreed that there was something to the idea. "It's difficult, but perhaps it's the right approach," he said when we met him outside his aging apartment block. "They just need to refine it." The problem, he said, was not the court itself—the people should decide—but the lack of procedure. "What punishment can there be,” he asked, “if we have no laws?" It was a fair point. It’s hard to say what is ultimately more barbaric: the unequal justice of corruption or the vengeful justice of the collective id. 


3 November 2014 Last updated at 11:08 



Ukraine conflict: Summary justice in rebel east

By Dina Newman BBC News

A show of hands was what it took to decide the fate of two alleged rapists in Ukraine's rebel east.

Residents of Alchevsk, a city in the Luhansk region, had been urged to attend the "First People's Court" on 25 October.

The separatist "Prizrak" battalion (ghost), which controls the area, said it had conducted its own investigation into the alleged crimes and invited everyone to condemn the suspects.

Speaking on the phone from Alchevsk, a fighter using the nom de guerre Smuggler told me he was present at the "trial", and he was proud of it.

"I believe criminals and scumbags should be erased from the face of the Earth," he said.

"We all believe that," a comrade could be heard in the background.

"I've met their victims," said Smuggler. "They are devastated. We live under emergency laws, we have a lot of crime, we have no proper courts at the moment, so our people create 'people's justice'. I hope after this election we will have proper authorities, laws and courts."

Tanay Cholkhanov, a journalist sympathetic to the rebels who was embedded with the battalion at the time, attended the so-called trial and said it was a "complete farce".

"Most people who were there did not understand what was happening. It was tragic," he said.



The battalion's video of the trial, posted online at the weekend, shows some 340 people present, in a town whose pre-war population stood at more than 100,000.

The video shows the battalion commander, Alexei Mozgovoi, using the opportunity to issue a warning to all residents.

"Too many women go to restaurants," he said. "What kind of example do they show to their children? From now on, we will arrest all women we find in restaurants and cafes."

Incredulous gasps are heard from the audience.

The video shows how both suspects were presumed guilty on the basis of evidence presented by battalion investigators.

One was spared the death penalty and condemned to being sent to the front line, to "redeem himself and die with honour".

The other was sentenced to death by firing squad, despite desperate pleas from his mother, present in the audience.

By a large majority, the suspect is sentenced to death. "Good people, spare him," the man's mother screams. "Blame me, I am the one to blame!"

The battalion confirmed to the BBC that both convicts were currently held in custody and the sentences were to be carried out in the next few weeks.

The "Prizrak" battalion is reported to number some 1,500 men and controls an area with a population of 10,000 civilians.

"They intimidate these civilians, says Tanay Cholkhanov, who believes Commander Mozgovoi should be brought to justice.

But in the areas of eastern Ukraine now run by rebels, justice lies in the hands of those in power. 

Sentenced to Death by a Crowd: Russian Roulette (Dispatch 86)
Published on Nov 12, 2014
During the war, various areas of eastern Ukraine under separatist control have been under the jurisdiction of field commanders, who run these areas under their own laws.

VICE News correspondent Simon Ostrovsky traveled to Alchevsk in the Luhansk region to interview Alexei Mozgovoi, who's been running a "people's court" in which people are tried for various crimes, from rape to theft, with residents acting as the jury.

Subscribe to VICE News here: http://bit.ly/Subscribe-to-VICE-News

Follow @simonostrovsky on Twitter here: https://twitter.com/SimonOstrovsky

Click to watch "The Firefighters of Donetsk: Russian Roulette (Dispatch 85)" - http://bit.ly/1qCEyMH

Check out "Military Convoys on the Move in Rebel-Held East Ukraine as Donetsk Fighting Intensifies" - http://bit.ly/1wcgj9L

Click to watch "The Donetsk People's Republic" - http://bit.ly/1wLO6vN

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Первый народный суд Новороссии.


 

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