CIVIL SOCIETY HITCHES A RIDE WITH IRATE DRIVERS

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 003356

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/21/2016
TAGS: PGOV PHUM PINR PREL RS
SUBJECT: CIVIL SOCIETY HITCHES A RIDE WITH IRATE DRIVERS

REF: 05 VLADIVOSTOK 00074

Classified By: Political Minister-Counselor Kirk Augustine. Reason 1.4
(b, d)


1. (C) SUMMARY. When a court in February sentenced an
ordinary citizen to four years in prison for his involvement
in a 2005 car accident that killed then-Altay Kray Governor
Mikhail Yevdokimov, it sparked popular outrage. The
perceived injustice of the court's decision inspired a
grassroots organization to lead protests across Russia
against the conviction and against the behavior of
black-limousined, blue-lighted, smoked-glass VIPs
aggressively omnipresent on every road. Many observers view
the protests as a win for Russia's civil society, since it
indicated that middle-class citizens can, if properly
motivated, take to the streets to press for change, and can
get results. After the protesters' efforts resonated with
the public and United Russia seized on the issue, a court
overturned the conviction on March 23. Though the episode
illustrates that Russia's courts often act based on the basis
of political rather than legal criteria, it was also
noteworthy that civil society, despite Kremlin moves to coopt
and control it, was able to impose its views. END SUMMARY.


2. (U) In August 2005 Oleg Shcherbinskiy, a railroad worker
in Altay Kray, was involved in a car accident that killed
that region's Governor, Mikhail Yevdokimov. The crash
occurred when the governor's Mercedes came up, blue light
flashing and reportedly at a grossly excessive rate of speed,
behind Shcherbinskiy's Toyota and tried to pass on the left,
just as Shcherbinskiy was making a legal left turn.
Yevdokimov's car hit the side of the Toyota and crashed into
a ditch. The governor, his bodyguard, and driver died as a
result of the crash. Shcherbinskiy and the four passengers
in his car survived. On February 3 an Altay court sentenced
Shcherbinskiy to four years in a labor colony for failing to
yield to Yevdokimov's car. Following a wave of protests, on
March 23 the court overturned the ruling, acquitting
Shcherbinskiy.
.
ANGER OVER SPECIAL PRIVILEGES
--------------


3. (C) The initial ruling provoked outrage focused on the
abuse of special privileges that many government officials
and other well-connected Russians enjoy on the road. The
most visible of those privileges is the flashing blue light
used to excuse vehicles bearing it from the need to observe
normal traffic laws. The frequency and visibility of such
abuses contribute to a high-level of resentment against the
nomenklatura among average citizens, as Leontiy Byzov, head
of the Social and Political Analysis Department of the
All-Russia Public Opinion Research Center, confirmed to us.


4. (SBU) While such resentment usually festers, the
Shcherbinskiy case evoked protests organized in nearly 20
Russian cities on February 11-12 under the sponsorship of the
Free Choice Motorists' Movement (FCMM). In Moscow alone at
least 500 cars took part, and FCMM head Vyacheslav Lysakov
said the numbers were far higher. The authorities avoided a
heavy-handed response, although they attempted to keep tight
control over the protests, bringing in a sizable law
enforcement presence and pulling over a number of
participants.

5, (C) The February protests, which received extensive
coverage in print and broadcast media, were a collaborative
effort. Among the participating organizations was one
representing rail workers, who came out in support of their
colleague Shcherbinskiy. According to an analysis from the
Center for Political Technology, the motorists reached
agreement about the Moscow protest as a result of discussions
on the Internet.
.
A HEALTHY SIGN FOR CIVIL SOCIETY DEVELOPMENT
--------------


6. (C) In the view of experts on civil society such as Nina
Belyayeva of the Higher School of Economics, the protests
represented a new step in civil society in Russia, since they
involved largely members of the middle class (based on
Belyayeva's presumption that car ownership remains out of
reach for many poorer Russians). Belyayeva also noted that
the organizers were sophisticated enough to set up an account
for people to donate money for Shcherbinskiy,s legal
defense. Other observers noted that the demonstrators were
heavily members of the younger generation, while last
winter's monetization protests, by contrast, primarily
involved pensioners.


7. (C) Although the make-up of the participants differed

MOSCOW 00003356 002 OF 002


from that of the monetization protests, those earlier actions
showed many citizens that getting into the streets could
pressure the authorities to change policy. Subsequent to the
monetization protests, motorists in May 2005 organized
protests against a GOR proposal to limit the importation of
right-hand drive cars (reftel).


8. (C) A number of observers saw the protests as a sign of
civil society's growing independence and assertiveness.
Aleksey Makarkin of the Center for Political Technology
described the movement as "the young shoots of civil
society." Moscow Carnegie Center analyst Nikolay Petrov said
it represented genuine grassroots democracy in Russia of a
type that functioned despite a lack of financial support,
including from the West. IF Western-funded NGOs were
eliminated, Petrov added, the kinds of organizations featured
in the motorist protest would be all that would be left.
Lyudmila Alekseyeva noted that independent human rights NGOs
needed to reach out to grassroots movements of this kind.
.
UNITED RUSSIA JUMPS ON THE BANDWAGON
--------------


9. (C) The pro-Kremlin United Russia (YR) initially refused
to support a Communist Party of the Russian Federation (KPRF)
initiative in the Duma on Shcherbinskiy's behalf. After the
movement's popularity spread, however, YR adopted the issue.
The YR website announced that prominent lawyer and Public
Chamber member Anatoliy Kucherena had become part of
Shcherbinskiy's defense team. YR also announced it had
gathered almost 27,000 signatures in support of
Shcherbinskiy. On March 22, the day before Shcherbinskiy's
appeal, YR organized protests in Novosibirsk, Tomsk,
Krasnodar, Nizhniy Novogorod, and St. Petersburg, although
observers noted that YR was unable to match the mass turnout
of the February demonstrations.


10. (C) While some saw Altay Kray court's March 23 decision
to overturn the ruling as an encouraging sign, others argued
that the fact that it took place only after YR jumped on the
bandwagon was a discouraging reminder that the judiciary
often makes decisions based on political considerations and
instructions from the authorities. Looking beyond the
acquittal, YR has suggested that it is also considering
passing legislation that would limit the use of flashing
lights.
.
COMMENT
--------------


11. (C) Despite the disheartening initial ruling to convict
Shcherbinskiy and the fact that he was acquitted on appeal
only after YR jumped on the bandwagon, ordinary citizens did
make their voices heard through a grassroots movement.
Despite Kremlin efforts to coopt civil society or frighten it
into submission, the episode demonstrates that under some
circumstances, ordinary Russians will shed their passivity
and try to pressure the government. Civil society is on the
defensive, but it is not dead.
RUSSELL