Mikhail Sbeglov is a political prisoner
A manager from Kemerovo was sentenced to four and a half years’ imprisonment on a charge of wanting to join the Free Russia Legion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Mikhail Sbeglov a political prisoner. Sbeglov was convicted of ‘preparing to participate abroad in an illegal armed group for purposes contrary to the interests of Russia’ for filling out a questionnaire from the Free Russia Legion. Sbeglov’s prosecution and conviction violated his right to a fair trial. We demand that his conviction be quashed immediately and all criminal charges against him be dropped.
What were the charges against Mikhail Sbeglov?
Mikhail Sbeglov was detained in Kemerovo on 13 May 2022 on an administrative-law charge of petty hooliganism allegedly for swearing on the street. After serving a five-day jail term, he was detained on a criminal charge, accused of ‘preparing to participate in an armed group abroad for purposes contrary to the interests of the Russian Federation’ (Article 30, Part 1, of the Criminal Code of the Russian Federation in conjunction with Article 208, Part 2, CC RF). Sbeglov had allegedly filled out an application form to join the Free Russia Legion and intended to travel to Ukraine via Kazakhstan.
In court, Mikhail Sbeglov pleaded not guilty. He said he did not agree with the war against Ukraine and wanted to help Ukrainian refugees in Kazakhstan. Witnesses for the prosecution at Sbeglov’s trial said he had opposed the war, participated in protests and distributed anti-war leaflets. A classified witness who had shared a cell with Sbeglov testified that Sbeglov had told him he intended to join the Free Russia Legion.
On 14 March 2023, Mikhail Sbeglov was sentenced to four and a half years’ imprisonment, with the first 18 months to be served in a cell-type prison and the remainder in a strict regime penal colony. On 23 May 2024, the time Sbeglov was to serve in a cell-type prison was increased to two years, one month and five days.
Why do we consider Mikhail Sbeglov a political prisoner?
Even if Mikhail Sbeglov had intended to join the Free Russia Legion, he should not have been criminally prosecuted for this. In international law, the only prohibited form of participation by a foreigner in hostilities is mercenary activity, which does not apply to Sbeglov’s actions motivated not by material considerations but by disagreement with the war.
Furthermore, the Free Russia Legion is a unit of the Ukrainian armed forces and cannot be considered a formation that is ‘not provided for by Ukrainian law.’ Moreover, it is Russia’s war of aggression against Ukraine that is contrary to Russia’s interests, not opposition to that war.
The circumstances of Sbeglov’s prosecution make it doubtful he had intended to travel to Ukraine. Most likely, he was a victim of a sting operation by the police, who fabricated the administrative charge against him, something prohibited in law. The weakness of the evidence against Sbeglov was also shown by the fact that his conviction was largely based on the testimony of a ‘classified witness.’
The main reasons for Sbeglov’s prosecution were his consistent anti-war stance and his previous support for Aleksei Navalny.
A detailed description of Mikhail Sbeglov’s case and of our position is available on our website.
How can you help?
You can write to Mikhail Sbeglov at the following address:
RU:
652051, Кемеровская область, г. Юрга, ул. Окрайная, д. 1, ФКУ ИК-41 ГУФСИН России по Кемеровской области, Сбеглову Михаилу Сергеевичу 1993 г. р.
EN:
Mikhail Sergeevich Sbeglov (born 1993), Penal Colony No. 41, Federal Penitentiary Service of Russia for Kemerovo Oblast, 1 Okrainaya Street, Yurga, Kemerovo Oblast, 652051, Russia.
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