NEW TRIAL ORDERED FOR SYNAGOGUE ATTACKER

C O N F I D E N T I A L MOSCOW 006575

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/21/2016
TAGS: PHUM PGOV PREL KCRM RS
SUBJECT: NEW TRIAL ORDERED FOR SYNAGOGUE ATTACKER

REF: A. MOSCOW 152

B. MOSCOW 262

C. MOSCOW 4624

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


1. (SBU) On June 20 the Russian Supreme Court ordered a new
trial for Aleksandr Koptsev, who on March 27 had been
convicted of knifing nine people in the Chabad synagogue in
Moscow on January 11. The trial court had sentenced Koptsev
to thirteen years in prison on several counts of attempted
murder motivated by national or religious hatred.


2. (SBU) Both the prosecution and the defense appealed the
verdict. The defense sought to have Koptsev's sentence
reduced based on his mental and physical condition, and
because the sentence was longer than that received by other
criminals who actually killed, and not only wounded, their
victims. The prosecution, backed by lawyers representing
victims, wanted to have charges of inciting national or
religious enmity (Article 282 of the Russian Criminal Code)
also brought against Koptsev. The judge in the original
trial had dismissed the Article 282 charges against Koptsev,
but its June 20 decision the Supreme Court ruled in favor of
the prosecution and the victims and ordered a new trial.


3. (C) Many members of Jewish community and some in the human
rights community had told us about their dismay at the March
27 decision. However, some experts on hate crimes believe
that too much emphasis is placed on Article 282. It is
intended to fight racist propaganda while other articles of
Russian law specifically address violence based on national
or religious hatred (ref C).


4. (C) Nevertheless some observers believe that the Supreme
Court's decision to allow the Article 282 charges is an
important step in fighting hate crimes. In a June 21 meeting
Rabbi Adolf Shayevich, Chief Rabbi of Russia, told visiting
members of the U.S. Commission on International Religious
Freedom that it was important that Koptsev be convicted on
the right charges, including Article 282, even if he is
sentenced to less time than in his original conviction.
Earlier in the day, Deputy Secretary of the Russian Security
Council Nikolay Spasskiy told members of the Commission, that
the Supreme Court's decision demonstrated that Russia is
serious about combating hate crimes.


5. (C) Comment: It remains to be seen whether this latest
move is a sign of increasing government willingness to
seriously address the problem of hate crimes, or just an
isolated development in a high-profile case. Obviously the
ordering of a re-trial opens up the possibility of a shorter
sentence, or conceivably even an acquittal. Koptsev's
lawyers have indicated that they may press in the new
proceedings for a trail by jury, with the hope that it might
return a "softer" verdict.
BURNS