Radik Makaev is a political prisoner
A Tolyatti resident has been sentenced to 10 years’ imprisonment on a charge of intending to join the Free Russia Legion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Radik Makaev a political prisoner. Makaev was convicted of preparing to commit treason, of participating in the activities of a terrorist organisation, and of attempting to illegally cross the border, for corresponding with the Free Russia Legion and attempting to enter Ukraine. Makaev’s criminal prosecution and conviction violated his right to a fair trial. We demand that his conviction be immediately quashed and that all criminal charges against him be dropped.
What were the charges against Radik Makaev?
Radik Makaev, an office worker from Tolyatti in Samara Oblast and a professional judo athlete, was detained on 16 June 2023 by border guards at the border in Kursk Oblast where he had arrived by taxi. The border guards had received a call from a local resident who said a stranger had told her he ‘wanted to cross into Ukraine to join the Legion because he wanted to free Russia from dictatorship.’ It was alleged Makaev was found to be carrying wire cutters and camping equipment, and his phone contained correspondence and a completed application form to join the Free Russia Legion.
An acquaintance of Makaev testified in court that the young man had a negative attitude towards the war and said he wanted to join the Free Russia Legion or the Russian Volunteer Corps.
On 21 December 2023, a military court sentenced Radik Makaev to 10 years’ imprisonment, the first two years of which are to be served in a cell-type prison and the remainder in a strict regime penal colony. He was also fined.
Why do we consider Radik Makaev a political prisoner?
Even if Radik Makaev had intended to join the Free Russia Legion, he should not have been criminally prosecuted for this. The designation of the Free Russia Legion as a terrorist organisation by the Russian authorities was illegal and unjustified. The Free Russia Legion is a unit of the Ukrainian armed forces; its activities are not terrorism but the legitimate defence of Ukraine against armed aggression.
Criminal prosecution for the offence of ‘preparation for treason in the form of defecting to the enemy’ is unlawful. In international law, the only prohibited form of participation by a foreigner in hostilities is mercenary activity. Whether real or fictitious, an intention to join the Free Russia Legion does not fall into this category. From the available information, it is clear Makaev was guided by ideological considerations.
The charging of Makaev with both ‘preparing to participate in the activities of a terrorist organisation’ and ‘defecting to the enemy’ is illogical. If his actions were considered defection to the enemy, then the Free Russia Legion was being recognised as part of the Ukrainian armed forces, and not a terrorist organisation.
The degree of danger to the public posed by Makaev’s intention to cross the border is minimal. The court also came to this conclusion, sentencing him only to a fine on this charge.
Radik Makaev was sentenced for his ‘intentions.’ The long term of imprisonment to which he was sentenced is disproportionate to the public danger presented by the acts with which he was charged. Makaev’s sentence was intended to intimidate all those who disagree with the policies of the Russian authorities and, in particular, with the war against Ukraine.
A more detailed description of Radik Makaev’s case and of our position is available on our website.
How can you help?
You can write to Radik Makaev at the following address:
RU:
460019, г. Оренбург, ул. Техническая, д. 2, ФКУ ИК-4 УФСИН России по Оренбургской области, Макаев Радик Рафикович, 2003 г. р.
EN:
Radik Rafikovich Makaev (born 2003), Penal Colony No. 4, Federal Penitentiary Service of Russia for Orenburg Oblast, 2 Tekhnicheskaya Street, Orenburg, 460019, Russia.
You can also send emails via ZT (for payment with all bank cards) and Memorial-France (free of charge).
Please note that letters in languages other than Russian are highly unlikely to reach the intended recipient.
You can donate to help all political prisoners in Russia.
