New
York, June 24, 2005—An arbitration court in the southern Russian
city of Saratov convicted Eduard Abrosimov, a journalist and adviser
to former regional governor Dmitry Ayatskov, of criminal defamation
on Wednesday and sentenced him to seven months in a prison colony for
defaming public officials in two articles published last year in national
and local newspapers, according to local press reports.
On one of the counts, the court convicted Abrosimov of defamation based
on material that was not published. It was the second prison term for
criminal defamation handed down against a Russian journalist this month.
The Volga Region Arbitration Court sentenced Abrosimov under Article
129.2 (defamation, disseminated through the mass media) and Article
129.3 (defamation involving accusation of a serious crime) of the Russian
Criminal Code. Guards took him to a detention unit immediately after
the verdict was read. The defense will appeal the sentence, the Moscow-based
independent daily Kommersant reported.
On November 2, 2004, the Moscow weekly newspaper Sobesednik published
the article, “Don’t look through the keyhole,” written by Abrosimov
and published under the pseudonym Andrei Zabelin. The article referred
to the purported sexual orientation of State Duma Vice Speaker Vyacheslav
Volodin. The prosecution said the article damaged Volodin’s professional
reputation while Abrosimov’s defense argued that there were no defamatory
elements, local reports said.
On November 11, 2004, the Saratov regional newspaper Saratov Stolitsa
Povolzhya published Abrosimov’s article, “Thinking over a portrait,”
criticizing local government corruption. Abrosimov was not prosecuted
for the article itself, but for an unpublished draft suggesting that
an investigator in the Saratov regional prosecutor’s office took bribes
to release crime suspects from detention, according to local press reports.
The passage was omitted from the published article, local reports said.
Prosecutors charged Abrosimov with defaming the investigator in the
unpublished version, which they found on the journalist’s computer as
well as in an e-mail he sent to the Saratov Stolitsa Povolzhya‘s
newsroom.
Lev Levinson, a human rights lawyer, said Russian law defines defamation
as the spreading of false information, even to a small group of people,
the Moscow Times reported. Regardless, he called a prison term
for unpublished material “unthinkable.”
Abrosimov, known best as a political and public relations adviser, was
arrested on January 20 on orders of the Saratov regional prosecutor’s
office and charged with criminal defamation. He spent nearly four months
in detention before he was released in early May on condition that he
not leave Saratov, local reports said.
Prosecutors called Abrosimov’s pre-trial detention a preventive measure
to stop him from continuing his criminal activity, the Russian information
agency Regnum said. The time Abrosimov spent in detention will be counted
toward his sentence, Kommersant reported.
“Finding someone guilty of defamation for material that was not published
defies reason. It shows instead the predisposition of authorities to
punish someone who scrutinized the work of public officials,” CPJ Executive
Director Ann Cooper said. “We are very disturbed by the long pre-trial
detention of our colleague, Eduard Abrosimov, and we call on Russian
authorities to overturn this unjust verdict. Journalists should not
be imprisoned for what they write.”
Abrosimov is the second Russian journalist handed a prison sentence
for criminal defamation this month. On June 6, an arbitration court
in the central Russian city of Smolensk convicted independent journalist
Nikolai Goshko to five years in a prison colony for defaming local officials
in a 2000 radio broadcast. Read CPJ’s related alert here: http://www.cpj.org/news/2005/Russia15june05na.html
