RCFS DIRECTOR CONVICTED, PUT ON PROBATION

C O N F I D E N T I A L MOSCOW 001088 SIPDIS SIPDIS E.O. 12958: DECL: 02/03/2016 TAGS: PHUM PGOV PREL PREF RS SUBJECT: RCFS DIRECTOR CONVICTED, PUT ON PROBATION REF: MOSCOW 857 AND PREVIOUS Classified By: A/POL Bruce Donahue. Reasons 1.4 (b and d). ¶1. (SBU) A Russian court on February 3 convicted Russian-Chechen Friendship Society (RCFS) Executive Director Stanislav Dmitriyevskiy of inciting national hatred, as had been widely expected. The Nizhniy Novgorod court gave Dmitriyevskiy a two-year suspended sentence and placed him on probation four years. Prosecutors had asked for a four-year prison sentence. ¶2. (SBU) Dmitriyevskiy's lawyers said they would file an immediate appeal to have the conviction overturned and promised to take the case to the European Court of Human Rights if necessary. Prosecutors said they considered the sentence too light and hinted they may appeal as well. Prosecutors had charged Dmitriyevskiy over the publication of separate statements by Chechen separatists Aslan Maskhadov and Akhmed Zakayev in the group's newspaper in 2004. ¶3. (C) Oksana Chelysheva of RCFS told us that although Dmitriyevskiy was spared prison, RCFS' existence is still in doubt. Under the new NGO legislation, which takes effect in April, Dmitriyevskiy will be prohibited from being a founder or participant in an NGO because he is now a convicted "extremist." By placing Dmitriyevskiy on probation, she said, the government retains the threat of prison to keep him quiet. Additionally, Dmitriyevskiy most likely will be charged with tax evasion as part of the tax inspectorate's claim that the NGO owes back taxes on the grants it has received from the National Endowment for Democracy, the European Union, and the Norwegian Government (reftel). Chelysheva, who is currently in Vienna, said that it was clear that the trial was intended by the GOR to send a message to the broader NGO community. ¶4. (C) Separately, in the Supreme Court of Ingushetiya, judges did not rule in the suit prosecutors have brought against International Medical Corps over its permission to work in the republic. The court will hear further arguments on February 20. IMC Acting Country Director Lia Tavadze told us that based on the judge's comments, it was clear that IMC is properly registered and accredited. Tavadze said that she is convinced that the prosecutors' action has been brought in part as retaliation by former IMC employee Acet Batalova, who has relatives in the Ingush Government. Batalova won a judgment against IMC in a separate suit, but IMC has appealed and may have the judgment struck down. Tavadze said that as court adjourned February 3, the prosecutor openly told IMC's lawyer that its legal troubles would continue until it settled with Batalova. ¶5. (C) COMMENT: Neither of these cases has been brought under the new NGO legislation, but they demonstrate legal difficulties NGOs often face in Russia when they run afoul of the government or well-connected individuals. Although Dmitriyevskiy's conviction occurred before the NGO law enters into force, the restrictions that it will impose on him -- a ban on future work with RCFS -- may make him its first casualty. BURNS