This was the first conviction in Russia under the law on “fake news” about the army. On July 8, 2022, the Meshchansky District Court of Moscow sentenced municipal deputy Alexei Gorinov to seven years in a general-regime colony. On September 19, the appellate court reduced Gorinov’s sentence by one month.

Why was he punished?

On March 15, 2022, during a meeting of the Council of Deputies of the Krasnoselsky Municipal District of Moscow, deputy Alexei Gorinov, as stated in the court’s decision, “spread deliberately false information about the Russian Federation conducting military aggressive actions on the territory of another sovereign state, calling them not a special military operation but a war,” about the invasion of the Russian army into Ukraine “with the aim of seizing its territory, eliminating its independence, changing its political or social system,” about the daily death of children in the war in Ukraine, and about the actions of the Russian army in Ukraine being “acts of a fascist state.”

We will examine this story from three perspectives: Pro, Contra, In fact

CONTRA

The municipal deputy was charged under part 2 of Article 207.3 of the Criminal Code (public dissemination of deliberately false information about the use of the Russian Armed Forces, committed by a group of persons by prior conspiracy, using their official position due to political hatred or enmity towards a social group).

According to the investigation, in March, at an open meeting of the Council of Deputies of the municipal district, Alexei Gorinov and the chairman of the Council, Elena Kotenochkina*, made statements “containing false information about the Russian Armed Forces.” At that time, the deputies were discussing, among other things, a children’s drawing contest. Gorinov and Kotenochkina opposed it, explaining the inappropriateness of holding this event during the special operation. According to the investigation, the deputies publicly discredited the Russian troops, “using their official position,” “motivated by political hatred,” and “foreseeing the inevitability of socially dangerous consequences.” They allegedly foresaw that their actions “would cause citizens to feel anxiety, fear, worry, and insecurity from the state.” Subsequently, the charge of acting as an “organized group” was removed, leaving only the “political motive” for the crime (clause “d” part 2 of Article 207.3 of the Criminal Code).

Previously, in Russia, people were sentenced to real terms for expressing their positions, but in those cases, the statements were seen as inciting violence to some extent, noted Russian human rights activists. However, the new cases of military fake news, starting with the case of deputy Gorinov, break this pattern: now a long prison term threatens any public figure who openly opposes the authorities’ policies.

Almost immediately after the introduction of Russian troops into Ukraine, media outlets publishing information different from the Ministry of Defense’s position were blocked in Russia. Only on March 4, a package of laws was passed, introducing administrative fines and criminal liability for spreading alternative statements. Specifically, Article 207.3 of the Criminal Code provides punishment for spreading false information about the actions of Russian military and government agencies, with a maximum penalty of 15 years in prison.

The criminal case against Gorinov was initiated following complaints from two State Duma deputies — Alexander Khinshtein and Oleg Leonov. The investigation lasted only five days. The judge imposed exactly the punishment the prosecutor requested in the debates.

The case also noted that Gorinov had previously been held accountable for anti-war statements. On February 24, he “due to political events in Ukraine decided to express his protest opinion, and in the evening of February 24, went to an address where many people with the same political position were present.” There, he was detained by a local officer, taken to the police station, and the next day, by court decision, received 30 days of administrative arrest. Although the second instance court changed the decision on Gorinov’s complaint and released him from arrest on March 11, the fact of the administrative offense remained recorded.

According to the investigation, during the meeting of the Krasnoselsky Council, deputies Gorinov and Kotenochkina called the war in Ukraine a war, not a “special operation,” and spoke about the death of Ukrainian children. Gorinov, according to the accusation, called Russia a “fascist state” and claimed it wanted to seize Ukraine’s territory.

The verdict quoted two official expert assessments. Linguists invited by the prosecution concluded that Gorinov did not call Russia a “fascist state” or incite violent actions but expressed his position, which “does not coincide with the position of the Ministry of Defense.” Nevertheless, Judge Olesya Mendeleeva considered that the evidence fully confirmed Gorinov’s guilt. The judge deemed the defense’s expert assessment inadmissible as the expert was not warned of criminal liability. The judge also disregarded the defense witnesses’ testimonies, calling them “subjective.”

PRO

From Alexei Gorinov’s Final Statement

In his final statement in court, Alexei Gorinov recalled his father, who returned from World War II disabled, as did his brother. “Those who survived that war were reluctant to talk about it. With age, I understood why,” Gorinov said. “Because war, as an occupation of humanity, no matter what synonym you use for it, is the vilest and dirtiest thing. It’s a matter unworthy of the title of a human being, on whom the Universe and evolution have bestowed the responsibility to preserve and increase all life on our planet. <…> This is what our shared past taught me. And probably not only me — the Russian Criminal Code includes articles 353 and 354, which provide severe penalties for preparing, conducting, and promoting aggressive war. And I believe Russia exhausted its quota for wars in the 20th century.

<…> Why did so many people leave Russia and continue to leave? And why did our country suddenly have so many enemies? Maybe something is wrong with us? Let’s think about it! Give us a chance at least to discuss what is happening. Exchange opinions. This is, after all, our constitutional right! That’s what I did. At the municipal council meeting, I expressed my opinion, my human attitude towards the subject of the vote. I motivated this opinion, this attitude based on my convictions. And I was supported by the majority present!

<…> It seems like this is another lesson from our shared past that we haven’t learned. Persecutions for words, fabricated cases, swift trials, belated realization: ‘how could this happen, we didn’t know!’

<…> The reasons for the sad outcome our society has come to will require thorough research and reflection by historians. It will require not only reflection but conclusions. It will not be easy, but we must recognize that war is war. We must rehabilitate the victims and judge the perpetrators. We must restore the good name of our people, our country.”

IN FACT

On March 15, 2022, Alexei Gorinov spoke at a regular meeting of the Council of Deputies of the Krasnoselsky District of Moscow as the chairman of the social commission. The deputies were to approve or reject the quarterly leisure work plan with the district’s population presented by the district administration. Usually, such plans were always approved by the deputies, Gorinov later wrote in response to questions from “Novaya Gazeta” reviewer Zoya Svetova. But this time, against the backdrop of the ongoing war, some points in the proposed plan seemed inappropriate to the chairman of the social commission. He proposed that his colleagues reject it. According to the regulations of the meetings of the Council of Municipal Deputies, in this case, the commission chairman must provide his arguments justifying his position. He did so. “This opinion, this attitude I motivated based on my convictions. And I was supported by the majority present,” Alexei Gorinov said in his final statement in court. And for this, he received seven years in a general-regime colony.

“It seems like this is another lesson from our shared past that we haven’t learned. Persecutions for words, fabricated cases, swift trials, belated realization: ‘how could this happen, we didn’t know!'” Gorinov said in his final statement.

In the same written responses to Zoya Svetova’s questions, Alexei Gorinov also shared his vision of the future: “I associate my life plans after release with changes for the better in Russia. I am ready to become an ambassador to Ukraine after the restoration of diplomatic relations between our countries and facilitate the restoration and strengthening of humanitarian ties between Russians and Ukrainians. In any case, I would like to be useful to my homeland when freedom, democracy, and human rights become its fundamental values.”

The independent human rights project “Support for Political Prisoners. Memorial*” recognized Alexei Gorinov as a political prisoner based on Article 19 of the International Covenant on Civil and Political Rights (everyone has the right to hold opinions without interference, the right to freedom of expression, and the right to seek and disseminate information and ideas).

  • The prosecution transferred the case on military “fake news” against the head of the Krasnoselsky municipal district, Elena Kotenochkina, to the Meshchansky District Court of Moscow. The trial will be held in absentia as the municipal deputy left Russia before the searches** on April 26, 2022. E. Kotenochkina was put on the wanted list and arrested*** in absentia.

*, **, *** – recognized as “foreign agents” on the territory of the Russian Federation.