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