Russia: Oleg Orlov sentenced to two years and six months in prison

The Observatory has been informed about the sentencing of Mr Oleg Orlov, co-chair of Memorial Human Rights Defence Center (HRDC “Memorial”), a member organisation of FIDH. A prominent figure in the defence of human rights in Russia, Mr Orlov was awarded the Sakharov Prize for Freedom of Expression in 2009, and in 2012 the Moscow Helsinki Group Award for his "historic contribution to the defence of human rights and the human rights movement”.

On February 27, 2024, the Golovinsky District Court of Moscow sentenced Oleg Orlov to two years and six months of imprisonment in a correctional colony of the general regime on politically motivated charges of “repeatedly discrediting” Russia’s armed forces. The Court retained an aggravating circumstance on the basis that the crime "was committed on the grounds of ideological hostility against the social group 'servicemen of the Armed Forces of the Russian Federation'" (Article 63 – 1(e) of the Criminal Code). He was led from the courtroom in handcuffs by a contingent of at least eight law enforcement officers and subsequently transported to detention center № 7 "Kapotnia" in Moscow. Orlov's lawyer intends to appeal against this decision.

The Observatory recalls that on March 21, 2023, the Investigative Committee of the Russian Federation opened criminal proceedings against Oleg Orlov on the charge of “public actions aimed at discrediting the use of armed forces of the Russian Federation” (Article 280.3 (1) of the Criminal Code). This accusation is based on an article written by Oleg Orlov titled “Russia: they wanted fascism, they got it” (“Russie : ils voulaient le fascisme, ils l’ont eu”) published on the French blogging platform Le Club de Mediapart on November 13, 2022.

On October 11, 2023, the Golovinsky District Court of Moscow found Oleg Orlov guilty of “public actions aimed at discrediting the use of armed forces of the Russian Federation” and fined him 150,000 roubles (approximately 1,409 Euros).

Oleg Orlov filed an appeal against this decision of the Golovinskiy Distict Court, demanding acquittal. The prosecutor's office also filed an appeal demanding three years' imprisonment for Orlov. On December 14, 2023, the Moscow City Court examined both appeals and decided to return the case to the Investigative Committee.

After further investigation, the case was returned to the Golovinsky District Court of Moscow, within a particularly short timeframe. Orlov and his lawyer were given only five days to peruse the seven volumes of the case and prepare a defence. In order to deliver the indictment as quickly as possible, the investigator sent bailiffs armed with automatic rifles to serve the documents to Orlov’s lawyer instead of sending it by mail. This haste in the trial appears to be prompted by the presidential elections due to be held on March 17, 2024.

The second hearing held on February 27, 2024 took place in an accelerated mode. Mr Orlov, who was labelled as “foreign agent” by the Russian Ministry of Justice on February 2, 2024, two weeks before the trial, refused to participate and read Franz Kafka's novel "The Trial", expressing his opposition towards the politically motivated proceedings. Due to this labelling as “foreign agent” Mr Orlov was moreover constrained from involving witnesses, who would be at risk of being declared ‘foreign agents’ too on the basis of their cooperation.

The Observatory recalls that, in 2022, Oleg Orlov was fined five times for holding solitary anti-war demonstrations to protest against Russia's invasion of Ukraine.

The Observatory strongly condemns the sentencing of Oleg Orlov, and calls on the Russian authorities to immediately and unconditionally release him, acquit him and to stop all acts of harassment, including at the administrative and judicial levels, against him and all human rights defenders and organisations in Russia.

The Observatory further calls on the authorities in Russia to guarantee in all circumstances the right to freedom of expression, as enshrined in international human rights standards, and particularly in Article 19 of the International Covenant on Civil and Political Rights.