Ivan Fokin is a political prisoner
A tractor driver from Belgorod, who accidentally came to the attention of the police, was accused of wanting the join the Free Russia Legion and sentenced to nine years in a strict regime penal colony
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Ivan Fokin a political prisoner. Fokin was convicted of preparing to commit treason and of participating in the activities of a terrorist organisation, for corresponding with the Free Russia Legion, as well as of illegal cultivation of narcotic plants, illegal storage of narcotic drugs, and illegal possession of ammunition and explosive devices. Fokin’s criminal prosecution and conviction violated his right to a fair trial. We demand that Fokin’s criminal conviction on charges of preparing to commit treason and participating in a terrorist organisation be immediately quashed, that he be given a fair trial on the remaining charges, and that his allegations of torture be investigated.
What were the charges against Ivan Fokin?
Tractor driver Ivan Fokin lived in the village of Dubovoye in Belgorod Oblast. On 27 June 2023, after drinking too much, he mistook the house where he lived and knocked on someone else’s door. Fokin was then detained by the police.
In Fokin’s phone, subscriptions to the channels of the Free Russia Legion and Ukrainian bloggers were found. Fokin was initially jailed for eight days for an administrative-law offence. Meanwhile, his home was searched and a grenade, ammunition, 38.5 grams of cannabis and several cannabis plants were allegedly found in his backyard. Fokin was charged with the criminal offences of illegal cultivation of narcotic plants (Article 231, Part 2 [c], of the Criminal Code of the Russian Federation) and of illegal storage of narcotic drugs (Article 228, Part 1, CC RF), ammunition (Article 222, Part 1, CC RF) and explosive devices (Article 222.1, Part 1, CC RF).
Subsequently, ‘political’ charges were added. Allegedly, Fokin ‘reacted negatively to the start of the Special Military Operation’ and therefore wanted to cross the border and join the Free Russia Legion, to which he sent a completed application form. He was charged with preparing to commit treason (Article 30, Part 1, CC RF in conjunction with Article 275 CC RF) and to participate in the activities of a terrorist organisation (Article 30, Part 1, CC RF in conjunction with Article 205.2, Part 2, CC RF).
On 29 March 2024, Fokin was sentenced to nine years’ imprisonment, the first two years of which were to be served in a cell-type prison and the remainder in a strict regime penal colony.
Why do we consider Ivan Fokin a political prisoner?
It is not known whether Fokin had in fact planned to join the Free Russia Legion, which he denied. However, if he had such an intention, this does not constitute a crime.
The Free Russia Legion has been illegally and unjustifiably designated a terrorist organisation in Russia. The Free Russia Legion is a unit of the Ukrainian armed forces, and as such its activities during armed hostilities are not terrorism, but participation in the legitimate defence of Ukraine against aggression.
The charge of preparing to defect to the enemy is also unlawful from the point of view of international and, therefore, Russian law. The only prohibited form of participation by a foreigner in hostilities is mercenaryism. Fokin’s alleged participation in the Free Russia Legion would not fall under this definition.
At the same time, charging Fokin with both preparing to participate in the activities of a terrorist organisation and treason is illogical. If his actions are considered defection to the enemy, then the Free Russia Legion is recognised as part of the Ukrainian armed forces, not a terrorist organisation.
Fokin claims the grenade and most of the ammunition were planted on him and that he confessed to possessing them under torture. There is a high probability that his claims are true.
Growing and storing cannabis without the intention of selling it are crimes that Fokin does not deny. Such activities do not pose a significant danger to society and usually result in a fine. Considering Fokin’s long period of pre-trial detention, we believe he has already served his punishment.
A detailed description of Ivan Fokin’s case and of our position is available on our website.
How can you help?
You can write to Ivan Fokin at the following address:
RU:
391825, Рязанская область, Скопинский р-н, с. Клекотки, ФКУ ИК-5 УФСИН России по Рязанской области, Фокин Иван Иванович, 1995 г. р.
Ivan Ivanovich Fokin (born 1995), Penal Colony No. 5, Federal Penitentiary Service of Russia for Ryazan Oblast, Klekotki village, Skopinsky district, Ryazan Oblast, 391825, Russia.
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Please note that letters in languages other than Russian are highly unlikely to reach the intended recipient.
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