Mykola Holubov is a political prisoner
A Ukrainian has been convicted on a charge of justifying terrorism and sentenced to five years in a penal colony for online comments in support of Ukrainian soldiers
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Mykola Holubov a political prisoner. Holubov has been convicted of justifying terrorism for expressing support for the Azov Brigade and the Free Russia Legion on social media. Holubov’s criminal prosecution and conviction violate his right to a fair trial. We demand the immediate release of Mykola Holubov and that all criminal charges against him be dropped.
What were the charges against Mykola Holubov?
Mykola Holubov was detained on 9 November 2023 in the Russian-occupied Ukrainian city of Berdiansk in Zaporizhzhia Oblast. He was initially charged with public incitement of terrorist activity, but the charge was later changed to public justification of terrorism (Article 205.2, Part 2, of the Russian Criminal Code). The charge was based on comments Holubov allegedly posted on the VK social media site in February and June 2023 in which, according to the investigative authorities, he justified the activities of the ‘banned terrorist organisations’ Azov Brigade and Free Russia Legion. The Russia-controlled ‘Investigative Committee for Zaporizhzhia Oblast’ released a video of Holubov’s ‘confession.’
On 11 July 2024, a Russian military court sentenced Holubov to five years in a general regime penal colony. On 31 October 2024, the sentence was amended on appeal, however, details of the changes were not made public.
Why do we consider Mykola Holubov a political prisoner?
We have no information about the specific content of Holubov’s comments or how the investigative authorities proved he had written them. Nevertheless, we can evaluate the lawfulness of his prosecution.
The criminal case against Holubov on a charge of justifying terrorism was based on unlawful decisions by Russian courts. We do not agree with the designations of the Azov Brigade and the Free Russia Legion as terrorist organisations. The Azov Brigade is a unit of Ukraine’s National Guard, and the Free Russia Legion is a unit of the Ukrainian armed forces. Both units are legitimate participants in the armed conflict, defending the country against Russian aggression on the side of Ukraine. Therefore, expressing support for their actions does not constitute justification of terrorism.
International law prohibits the imposition of an occupying power’s legislation on occupied territories. Russia has therefore no right to enforce its laws on occupied Ukrainian territory or to prosecute Ukrainians on their basis. Even if Holubov did make statements supporting the actions of Ukrainian soldiers, this does not constitute a crime. Ukrainian law has no equivalent to Russian law criminalising ‘justification of terrorism.’
A detailed description of Mykola Holubov’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.
