Nikolai Usov is a political prisoner
An activist from Barnaul has been sentenced to one year and seven months’ compulsory work in custody for repeated ‘discrediting’ of the army
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Nikolai Usov a political prisoner. Usov was convicted on a charge of repeated ‘discrediting’ of the Russian armed forces. Usov’s prosecution and conviction violated his rights to freedom of expression and a fair trial. We demand the release of Nikolai Usov and that all criminal charges against him be dropped.
Who is Nikolai Usov and what were the charges against him?
Nikolai Usov is a civic activist from Barnaul who took part in numerous opposition protests, supported political prisoners, and was repeatedly detained by the authorities on spurious pretexts.
On 24 January 2023, Usov was fined 35,000 roubles on an administrative-law charge of ‘discrediting’ the Russian armed forces for holding a single-person anti-war protest. He stood in a city square with placards reading ‘No war!’ and ‘Free all political prisoners!’
Three months later, on 25 April 2023, he was again fined (this time, 38,000 roubles) on the same charge for five anti-war posts on VK. On the basis of these administrative-law convictions, the authorities brought a criminal case against Usov on a charge of repeated ‘discrediting’ of the armed forces (Article 280.3, Part 1, of the Russian Criminal Code), which applies if the corresponding administrative-law offence had been committed within the previous 12 months. The specific grounds for initiating the criminal case are not known.
On 29 August 2024, a court sentenced Usov to one year and six months’ compulsory work in custody, a fine of 8,000 roubles, and a ban on administering websites for two years on release. On 25 October 2024, an appeal court increased the period of compulsory work by one month, to one year and seven months.
Why do we consider Nikolai Usov a political prisoner?
The offence of repeated ‘discrediting’ of the Russian army was introduced into the Criminal Code one week after the start of Russia’s full-scale war against Ukraine. In practice, this law prohibits criticism of government actions and violates the right to freedom of expression.
The offence does not meet the requirements of the principle of legal certainty since the term ‘discrediting’ is nowhere defined in the Criminal Code. As a result, citizens cannot know in advance which actions may be deemed criminal.
Moreover, the offence of repeated ‘discrediting’ of the Russian army ties criminal liability to a prior administrative offence, in other words, makes possible a second conviction for one and the same act.
This article of the Criminal Code contradicts the Russian Constitution, Russia’s international obligations, and fundamental principles of law. It was designed as an instrument of political repression against critics of the authorities and must be repealed. All related convictions are unlawful and must be quashed, including that of Nikolai Usov.
We consider the criminal prosecution of Usov retaliation for his consistent oppositionist and anti-war stance. Such views should be encouraged in society and not be subject to prosecution.
A more detailed description of Usov’s case and of our position is available on our website.
Recognition of an individual as a political prisoner does not imply the ‘Political Prisoners. Memorial’ human rights project agrees with, or approves, their views, statements, or actions.
How can you help?
You can donate to help all political prisoners in Russia.
