The Report of the 12Th December of the Round Table Committee On

The Report of the December 12 Roundtable Committee on the Public Investigation of the Events of May 6, 2012 on Bolotnaya Square

Moscow April 22, 2013

Report Summary ...... 5

1. Committee Status, Objectives and Principles ...... 22

2. Сomposition of the Committee ...... 25 th 3. The Public Situation Prior to the 6 of May Events ...... 26 The events of May 6, 2012 were preceded by a huge outbreak of civil activity. Yet it cannot be called unexpected. The ground for it was prepared by three interconnected tendencies...... 26

Conclusions of the Chapter ...... 29

4. Organization and Conduct of Public Events ...... 31 4.1 Preliminary legal comments, describing the Committee’s approach to the issues related to the freedom of peaceful gathering ...... 31 4.1.1 The international and Russian legal acts, guaranteeing the realization of the right to free and unarmed gathering ...... 31 4.1.2 Recommendations of the Committee regarding amendment of the legal acts related to the freedom of gathering ...... 34 4.1.3 Judicial practice ...... 43 4.1.4 Legal norms regulating the obligations of the executive bodies of the entities of the Russian Federation immediately involved in the organization of public events...... 44 4.1.5 Legal norms, regulating the obligations of law-enforcement officials ...... 44 4.2 Established facts ...... 49 4.2.1 Application of the organizers, the course of the negotiations, coordination with city authorities; time and location of the public assembly, site perimeter of the public assembly; the course of the talks on law enforcement issues, the arrangements reached and their implementation...... 49 4.2.2 Resources Involved. Distribution of Security Forces...... 53 4.2.3 Meeting of the demonstration participants in the area of the Kaluzhskaya Square .. 55 4.2.4 The demonstration from the Kaluzhskaya Square to Yakimanka Street ...... 58 4.2.5 Contact of the column with the interior troops, OMON and police forces at the end of Maly Kamenny Bridge ...... 61 Summary ...... 67 4.2.6 Confrontations and clashes. Maly Kamenny Bridge, Bolotnaya Embankment, Kadashevskaya Embankment ...... 68 Maly Kamenny Bridge ...... 81 Bolotnaya Embankment ...... 81 Kadashevskaya Embankment ...... 83 2

Summary ...... 84 4.2.7 Refusal in Medical Aid ...... 85 4.2.8 Detentions ...... 85 Summary of the Section ...... 94 5. Mass riots investigation ...... 96 5.1 Legal Comments Underlying the Legal Approaches of the Commission: ...... 96 5.2 Facts concerning the investigation of the case of May 6 ...... 97 5.2.1. The general part of the Indictment, which does not contain any description of the specific actions by the accused Kovyazin L.N., Krivov S.V., Luzyanin M.S. (the convict), Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov J.G., Akimenkov V.G., Savelov A.V., Kavkazskij N.Y., Polihovich A.A., Kosenko M.A. involved in case # 201- 459415/12 ...... 97 5.2.2. The accused Kovyazin L.N., Krivov S.V., Luzyanin M.S. (the convict), Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov J.G., Akimenkov V.G., Savelov A.V., Kavkazskiy N.Y., Polihovich A.A., Kosenko M.A.: the preventive measure and the date of arrest, location, charged under articles, actions imputed. Undergo criminal case # 201-459415/12 ...... 102 5.2.3. Accused Arkhipenkov O.Y., Baronova M.N., Bahov F.N., Guscin I.V., Kamensky A.A., Kohtareva E.A., Lebedev K.V., Margolin A.E., Razvozzhaev L.M., Rybachenko A.A., Sobolev R., Udaltsov S.S.: charges, preventive measure and the date of arrest, location ...... 111 Conclusions of the section ...... 115 6. Events on May 6, 2012 and their consequences in the coverage by the Russian federal TV channels ...... 118 6.1. Absence of opinion balance ...... 118 6.2. General ideological directive: riots were planned in advance by overseas masterminds ...... 119 6.3. Common task for personal discredit of the organizers of the public rally on the Bolotnaya Square on May 6 and its ordinary participants ...... 123 6.4. Manipulations with pictures to give the piece more accusatory character ...... 124 Conclusions of the section ...... 126

7. Findings of the Commission ...... 129 7.1 Answers to the questions posed to the Commission ...... 129 7.2 Commission's opinion on other matters relating to the events of May 6 ...... 131 7.3 Violations of the Constitution of the Russian Federation, the international obligations of the Russian Federation and the laws of the Russian Federation ...... 132 7.3.1 Violations of the Constitution of the Russian Federation ...... 132 7.3.2 Violations of the European Convention on Human Rights ...... 133 7.3.3. Violation of the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights...... 133 3

International Covenant on Civil and Political Rights (December 16, 1966) ...... 134 7.3.4 Violations of Law No. 54- ФЗ “On Meetings, Rallies, Demonstrations, Marches and Pickets” dated June 19, 2004 ...... 134 7.3.5 Violations of Law No. 3- ФЗ “On the police” dated February 7, 2011 ...... 135 7.4. The Events of the 6th of May: the Version of the Commission ...... 140 7.5. Further work of the Commission ...... 143 8. Annexes...... 145 8.1 Annexes to Section 1 ...... 145 8.2 Annexes to Section 4.2.1 ...... 148 8.3 Annexes to Section 4. Eyewitness accounts, pictures, links to walk-through video ...... 161 8.3.1 Eyewitness accounts ...... 161 8.3.2 Pictures ...... 233 8.3.3 Links to walk-through video ...... 239 8.4 Annexes to Section 6 ...... 241 8.5 Annexes to Section 7 ...... 248

Report Summary On December 12, 2012, the Russian Federation Constitution Day, the participants of the December 12 Roundtable initiated the Public Investigation of the events that took place on May 6, 2012 in Moscow and of all the subsequent events related to the governmental operations of administrative and public prosecutions for the participation in the alleged mass riots and for the organization thereof. The working group collected and handed over to the Committee more than 600 transcripts of the descriptions made by the event participants, hundreds of photos and video records.

The present Report was prepared in partnership with the experts on the basis of the publicly available information and the facts collected by the working group. It contemplates the key issues of the 6th of May events, along with certain evaluations of the circumstances of utmost importance: the official investigation process of the Bolotnaya Square case and the nature of the events coverage in the mass-media.

The Report contains a description of the overall backgrounds of the 6th of May events. The current regime is stated to be formed under the conditions that do not presuppose any possibility for an equitable dialog with the society , and that the authorities are not accustomed to conduct such communication. In the politically unhealthy society weary of all the previous revolutionary upheavals, the group of people took over the power and grasped the opportunity to expand their authority for illegal enrichment freely. This is largely responsible for the situation where the loss of power turned into a grave threat, and people actively showing their free political will turned into the regime‟s personal enemies. The authorities considered the peaceful public protest caused by the massive electoral frauds as a direct, immenent and personal life threat. The Russian authorities concluded that they can remain in power exclusively with the help of the total suppression of the protests using all possible means, with no legal limitations or bounds whatsoever. This decision found its outlet in the actions taken by the government on May 6, 2012.

In its Report, the Committee proceeds from the fact that the events of the 6th of May should be evaluated based on the following legal provisions:

The right to freedom of assembly and expression. The priority of the constitutional rights. The duty of state authorities to provide adequate conditions for the exercise of these rights.

The standards of freedom for peaceful assemblies in the CE and OSCE member states. The guarantee of rights secured by the legislation and the judicial practice.

Legal awareness of the objectives of public safety during mass public events.

The Committee registrates all the violations of the current Russian legislation and provides the recommendations for its amendments in order to ensure its conformity to the international standards.

Based on the above-mentioned principles, the Committee has stated the facts and evaluated the events.

The Report states that in the process of the event approvalthe public authority representatives committed serious violations, the worst one being the unauthorized and unlawful changes made to the approved plan of the march and its route. Authorities changed the coordinated technical parameters of the march with no proper notification of the event applicants. It is directly stated in the document titled On Assignment Execution of August 15, 2012 signed by the Deputy Chief of Moscow Department of the Russian Ministry of Internal Affairs – Chief of the Police, major-general O.V. Baranov: “The Public Safety Office of Moscow Department of the Russian Ministry of Internal Affairs did not coordinate the cartographic layouts and public safety plans for the mass event on May 6, 2012 with the initiators thereof and did not disclose their content to the general public and the march participants, for the documents in question are of an official character, have been designed for internal usage, and contain the information on the number and placement of police forces, their technical and special equipment, as well the information of the specific objectives for separate police squads.”

As distinct of how it was done on February 4, 2012, the park on the Bolotnaya Square was sealed off with policemen and metal barriers (thus a major part of the Bolotnaya Square was practically excluded from the approved event area). Only a small space of Bolotnaya Embankment was accessible. Besides, an additional set of metal detectors was installed at the entrance to the meeting area. Their aim did not consist in the provision of access to the citizens who wished to

take part in the meeting only (as it happened on February 4, 2012), but in repeated demonstration participants admission (which was completely groundless). The quantity of these detectors was less than the quantity of those placed at the entrance to the event area. i.e. this quantity was obviously too small to allow free access of all those engaged in the demonstration to the meeting zone. On February 4, there were no police barriers in the park, whereas on the 6th of May it was practically surrounded by reinforced armed police units.

Another material circumstance is the fact that the city Executive Board never sent any written orders regarding assignment of an authorized representative of the city authorities to the event organizers. Such a representative, in compliance with federal law No. 54- ФЗ On Public Gatherings, Meetings, Demonstrations, Marches and Pickets” of 19.06.2004 shall provide all the necessary assistance in the event conduct. According to various official and informal data, on May 6, 2012, there were over 12800 policemen located in the center of Moscow, among them around the Bolotnaya Square – 8904 (policemen and members of the special police task forces (OMON) – 5334, State Traffic Safety Inspectors (GIBDD) – 100, internal troops (military units Nos. 3641 and 3500) – 2400, police cadets – 200). Besides, the police forces employed a lot of vehicles, including street cleaning machines used to make barriers on Bolshoy Kamenny and Bolshoy Moskvoretsky bridges, as well as in the lanes leading to Bolshaya Yakimanka. Apart from the Moscow police and the special police forces, huge human resources from the Moscow region (Sofrino, Balashikha), St. Petersburgh, Ivanovo, Mari El, Chelyabinsk and even from Yakutsk were involved. The dislocation of the forces in the place of the coordinated meeting raises serious issues with regard to the actions planned by the authorities. Let us assume that the cordons organized by the police and OMON on the Moskva river can be easily explained by the unwillingness to let people to the central squares of the capital (the Manezhnaya Square, the Revolutionary Square, The Red Square). Yet the dislocation of significant police forces in Zamoskvorechie, time and time again noted by the participants, can only be reasonably explained with a previously planned attempt to block the protesters on all sides. An unprecedented number of policemen with service dogs should be emphasized . Besides, a number of service cars belonging to the Investigative Committee of the Russian Federation arrived to the Bolotnaya Square and Serafimovich street. The facts are described in the report of V.P. Lukin, Commissioner for Human Rights. The Committee‟s Report contains a minute-by-minute description of everything happening on the Bolotnaya Square and the adjacent territories, from the gathering of the protesters in the Kalzhskaya Square at 3 PM to the ending with

the arrests of the protesters after 10 PM in the adjacent lanes. The descriptions of the events are based on the facts rendered by the participants, the available photos and video materials. The analysis of the entire range of materials and facts possessed by the Public Investigation raises a number of issues of principal importance. The evidence given by the policemen, contained in the defendants‟ case materials, along with a set of additional sources raise doubts as to the spontaneous nature of the cordon breakthrough. For example, at 3:39-3:41 PM, when the column of demonstrators was still located on the traverse of house No. 40 in Bolshaya Yakimanka (i.e. before their movement towards the Bolotnaya Square from the initial spot), Tonya Samsonova, a journalist for the Echo of Moscow radio station, published at her twitter account a photo of a special police force line located at the start of Bolshoy Kamenny Bridge. Konstantin Rykov, a famous pro-Kremlin activist, immediately asked her: “Were you located at the point of breakthrough?” According to the evidence given by one of the policemen and sounded during the court session on the M. Kosenko‟s case, “at 3:45-3:50 PM there was an order to prepare to conduct detentions”. As proved by the video, such detention groups were indeed formed and moved to the police cordon before 5:10 PM. According to the evidence given by the policemen, that were already voiced in court, they received an order “to suppress mass disorders” between 4 and 5 PM, that is at least an hour before the breakthrough and the clashes between the protesters and the police. When considered alongside with the descriptions of provokers‟ activities among the protesters, these data lead to the conclusion that the breakthrough was the result of a previously planned large-scale diversion of the law-enforcement agencies with the aim to provide the reasons for a forceful break up and suppression of the peaceful public meeting. The final evaluation of all the further events depends on the answers given to this principal issue. Meanwhile, this issue wasn‟t at all raised by the investigation, which takes the fact of mass disorders for axiomatic. The entire responsibility for the mass riots was imposed on the protesters. The Report states that all the descriptions made by the event participants, all the videos and photos available provide solid proofs that at the early stages of the clashes the police forces, in spite of their direct and basic function, did not undertake any measures to ensure the public safety. On the contrary, the police and its actions created immediate threats to the lives and health of the participants of the coordinated peaceful manifestation. The absolutely inappropriate and excessive use of force and special equipment was of an inadequate, repressive, excessively rough nature and was not

at all indispensible in the given circumstances. The cruelty of the actions taken by the police and the Special Forces led to numerous injuries among the protesters. The groundlessly cruel, non-selective and unprovoked nature of the majority of arrests, as well as direct violations of the law by policemen, beatings of helpless and unarmed people (women and seniors), block-outs of the exits from the meeting area, creation of crowds with an inherent dangers of causing victims and, in many cases, the openly provocative behavior of the special police task forces – all of the mentioned factors contributed to the escalation of the conflict, not its resolution or cessation. Only extreme self-control and responsibility of the majority of the protesters who did not engage into violent confrontations with the police units prevented the local clashes from turning into a full scale battle that could have unpredictable outcomes. Moreover, the information and materials gathered by the Public Investigation provide solid grounds to state that the clashes were intentionally triggered by the provokers who penetrated the peaceful demonstration and were controlled and guided by the law-enforcement officers in civilian clothes. The restored sequence of events allows assuming that the law-enforcement agencies are to blame for the violent turn of events within the mentioned timeframe and, as a result, for the overall nature of events. The Report states that many of the arrested and injured people were not given medical attention afterwards. It contains the data provided by the Emergency Medical Center: on the 6th of May 53 persons were taken to the city hospitals (among whom there were only 3 policemen), including 11 persons with head injuries, 18 persons with head concussions, 16 persons with head bruises, 1 person with elbow joint fracture. The evidences and the medical documents clearly show that many if not all of the injured were delivered to the hospitals from the local police departments and courts only on the following day. This means that the number of the injured was significantly higher. The Public Prosecution Office of the Russian Federation did not open a single case on the mentioned beatings of the civilians. The total number of the detained on May 6, 2012 exceeded 600 persons.

The analysis of the written and oral evidences given by the participants, the available documents, videos and photos lead to the the following conclusions:

1. the forceful dispersal of the coordinated peaceful action was initially planned by the state authorities. The pre-planned forceful intervention had been prepared before the conflict took place. There is no doubt that the police staff was instructed on the matter of minimizing the contacts with the protesters. A number of trained provokers penetrated into the crowd of protesters; 9

2. the so-called technical reason for the complications that took place when the crowd was leaving Maly Kamenny Bridge, with the subsequent shift to the stage of direct confrontation, was the unilateral violation of the approved meeting plan committed by the authorities. The initiative group of the meeting was not aforehandnotified about the change and did not have the opportunity to implement preventive measures to eliminate the conflict situation. A prompt resolution of the conflict was also impossible due to the inability of the meeting initiators to establish a contact with the municipal authorities‟ representatives. All of the attempts made by the representatives of the protesting side, the Commissioner for human rights in the Russian Federation V. Lukin, deputies of the State Duma to set clear the matter were ignored;

3. the subsequent breakthrough of the primary cordon line was caused by inadequate inertness of the authorities; the crowding provoked by the location of the police cordons which narrowed the passage for people; the absence of the necessary equipment for public announcement; largely, also by the provokers who intentionally penetrated the protesters. The numerous efforts made by the demonstration leaders to stop the breakthrough in the above-described circumstances were in vain;

4. during the confrontation the police and the special forces actions were characterized by the inappropriate use of force against unarmed and peaceful civilians, unlawful usage of special equipment, blocking of exits from the meeting area for the participants (including seniors, women, people with children), untimely medical assistance to the injured, provocation of panic which might have eventually led to numerous victims among the civilian population. The actions of the police forces were completely inexplicable for the peaceful people; there were no adequate instructions from the law-enforcement authorities;

5. the police and the special forces exceeded their powers by continuing to chase, beat and arrest the people who were leaving the meeting area outside of its premises. Thereby there were victims among accident passers-by who did in the action;

6. the actions taken by the meeting participants in the majority of cases can be defined as highly moderate and self-possessed. The sporadic fightbacks against the violent acts committed by the police and the special police forces did not go beyond the limits of the necessary self-defense and protection of the surrounding people from the groundless aggression exerted by the law-enforcement agencies.

The Report also evaluates the investigation – the eligibility of the implemented punitive measures and the accusations charged. The Committee reasons from the facts that:

any investigation must be objective.

courts cannot go beyond the accusation formulated by the body of investigation and containing descriptions of definite elements of crime.

corpus delicti, the aggregate of characteristics providing the necessary and sufficient evidence to distinguish guilt from innocence, shall constitute the sole ground for criminal liability (Art. No. 8 of the Criminal Code of the Russian Federation).

resistance to a public authority representative is not a discriminating feature of mass riots. Art. 212 of the Criminal Code suggests armed resistance.

the crime dealt with in Art. 212 of the Criminal Code is characterized by direct intentions of the defendant against the public safety (object of crime) and not against the protective actions of policemen, including public safety protection.

it is not allowed to use descriptions of actions committed by other persons which are not part of the defendant‟s criminal intent. General descriptions of a public event while putting charges against a particular person according to Art. 212 of the Criminal Code of the Russian Federation do not have legal effect.

court decisions regarding detention as a punitive measure shall contain arguments in favor of the legal grounds to implement such a measure. The arguments must be thoroughly analyzed and supported by facts.

according to Part 1, Art. 108 of the Code of Criminal Procedure of the Russian Federation, “detention as a punitive measure can be implemented based on a court decision in relation to a person that is suspected or accused of a crime that presupposes a penalty of over 3 years of imprisonment if it is not possible to enact other, less strict punitive measures”.

The above-mentioned legal norms are used to evaluate the validity of an accusation or a chosen punitive measure.

The Report states that the charges do not contain descriptions of any actions that can be qualified as mass rioting under Art. 212 of the Criminal Code of the Russian Federation. In regard to the validity of the chosen punitive measures, it 11

states that when making multiple prolongations of the detention periods for the defendants, in direct contrast to the respective legal requirements, in none of the cases did the courts react to any circumstances changes. They were only copying the previous decisions, changing their dates. In particular, the legal causes of the arrest are still stated as the possibility to influence the witnesses and destroy the evidence despite the fact that the investigation period has finished long time ago and currently the defendants and their attorneys are being introduced to the case details.

The Report contains the analysis of the media coverage of the 6th of May Bolotnaya case. It says that the coverage of the events that took place on the 6th of May in Bolotnaya Square by the state TV-channels and the subsequent arrest of the participants were obviously coordinated by a single center.

All the three major federal channels – Pervy, Rossiya-1 and NTV – when broadcasting reports on the events of the 6th of May on the Bolotnaya Square were fulfilling the same task: discredit of the march and demonstration initiators, to proving that anti-Putin views can be spread only from abroad, seeding the feeling of antagonism towards the participants. In the early November 2012, all federal channels made a centralized decision to stop informing the public about new arrests of those who took part in the event on the Bolotnaya Square on May 6, 2012. TV-channels also ceased to cover the court proceedings over the people arrested earlier. Most likely, there are two reasons behind it: the obviously unconvincing evidential base of these proceedings and also the unwillingness to stir public compassion to the protesters. The media spotlight shifted towards those Russian politicians who had contacts with Givi Targamadze (and the Russian media logic tells that they are enemies of Russia) – Udaltsov, Lebedev and Razvozzhaev, alongside Targamadze himself.

The small collection of the video evidence broadcast on TV as alleged proofs of guilt of the arrested should be emphasized. In view of the fact that the state and the state-oriented Russian TV-channels work together with the Investigative Committee and basically broadcast the information given the Committee, it can be concluded that the bodies of investigation also do not have enough video proofs which could confirm the guilt of people in custody relating to the 6th of May events.

So, it becomes clear why the apartment belonging to Roman Kostomarov, an operator for NTV channel, a co-author of the documentary “The Term” dedicated

to the opposition, was searched on the 7th of November and all the video materials were confiscated – the bodies of investigation obviously lack the necessary materials to ensure its confidence during the court proceedings of the case of the accused for violence and mass disorders.

One more conclusion – the federal channels are obviously ordered to compensate the judicial insufficiency of the accusations put forth against the participants of the 6th of May events on the Bolotnaya Square by means of exerting ideological pressure on the court and on the giant audience of the channel. This was exactly the reason why media coverage of the events absolutely didn‟t stand up to the established professional norms and standards which require to present the opposing views on the point of conflict. The reports on this topic were of exclusively accusatory nature, the audience had no information as to whether there were any arguments in favor of those who are blamed for organizing the mass riots and using physical violence against the authorities.

Conclusions of the Committee

Having collected and analyzed a huge amount of information and compared it with a number of video materials and with the Constitution of the Russian Federation, international legal acts and the Russian legislation, the Committee unanimously and responsibly considered the issues put forth before it during consideration of the December 12 Roundtable.

Issue 1:

Did the facts of mass rioting and the intentional preparation thereof really take place before the start of mass public event on May 6, 2012 and in the course of it?

Answer:

No, during the demonstration on May 6, 2012 there were no facts of mass rioting. There were separate acts of self-defense on the part of standalone protesters that should be qualified as justifiable self-defense provoked by the police by unlawful infringements of the protesters‟ constitutional rights to participate in peaceful actions, and the defensive acts were directed against the aggressive, unmotivated and unlawful actions of the authorities that posed threat to the health of the protesters;

Issue 2. What was the role of the law-enforcement agencies in stirring up the incidents that had taken place in Moscow on May 6, 2012?

Answer:

The facts obviously prove that the clashes between the protesters and police forces were caused by intentional actions of the authorities. These include:

1. The unexpected appearance of the special police task forces, interior the troops and the police inside the public action area which was not disclosed to the protesters not prepared to it.

2. Creation of obstacles for the crowd movement to the meeting site.

3. Intentional provocative actions aimed at increasing jams and creation of barriers to hamper free exit from the meeting site. All of this posed a threat to the protesters and became the basic reason what evoked the response.

4. Mass arrests of people by taking them out of the protesting crowd, arbitrarily and irrespective of their true deeds, contributed to the overall feeling of danger and necessity to protect themselves from the total disrespect of the law.

5. Inappropriate and unlawful use of force against the participants of the peaceful public action created an additional reason for responsive and protective actions from its participants.

Issue 3.

What was the reason for the peaceful gathering to turn into clashes between the police and the protesters?

Answer:

The initial reason thereof was the unilateral and uncoordinated changes made to the initial plan of the public demonstration of the 6th of May made by the police forces and the municipal authorities. This change implied closing part of the approved meeting site by the special police task forces, internal troops and the police, and also in the installation of a set of additional metal detectors at the access to the meeting space. All of the above created a set of obstacles for the citizens to make use of their constitutional rights;

The clashes can be commonly divided into two categories. The first category – the unlawful and dangerous actions of the special police task forces and the 14

internal troops which posed obstacles for the citizens on the way to exercise their constitutional rights and evoked an adequate response. The second category – the provocative actions of unknown individuals (none of whom was arrested or brought to legal liability) wearing masks and acting under the cover of the special task forces (there are irrefutable video proofs for this).

It is important to stress the fact that during that demonstration for the first time there were no contacts between the initiators of the public event, on the one hand, and the municipal administration representatives and the officials of the law- enforcement agencies, on the other hand. The parties at fault for the lack of the necessary contact are the municipal government and the law-enforcement bodies.

The information collected by the Committee gives the ground to express an independent opinion on a set of other issues which clarify the truth behind the events of the 6th of May in Moscow.

1. The Committee considers that an objective consideration of the events of the 6th of May is impossible without an appropriate evaluation of the actions (or omission) of the municipal authorities and the law-enforcement bodies, which in line with the current legislation must “provide assistance in conducting the public action”, guarantee “public order and security during the conduct of a public action”.

2. The Committee underlines that the activities of the law-enforcement bodies were intentionally aimed to carry out groundless mass arrests among the protesters. The mass character thereof was planned to create an impression of a mass character of the conflict. This statement can be proved by all the accumulated data including the countless arrests outside of the meeting premises when the protesters were leaving it.

3. The immediate result of the intentional unlawful actions of the law- enforcement forces were the countless threats posed to the health to the participants of the demonstration. Many of them needed help, whereas the authority officials were generally not only reluctant to provide it, but also created obstacles on the way to it. A few exceptions were caused by the pressure exerted by the protesters.

4. Particular attention should be also paid to the aggressive reaction of the authority officials in situations when the protesters were pointing at the unlawful nature of their actions. Many of the people arrested on Bolotnaya Square and

outside its premises were thrown into police cars exactly for this reason. And even more inadequately aggressive reactions took place when the people tried to suppress the unlawful acts of the authorities who were brutally beating defenseless people.

5. The Committee considers that the coverage of the events of May 6, 2012 on the federal TV-channels was political that the investigation process on the 6th of May case was subjective and legally biased.

6. The Committee states the investigation was politically biased, all of the criminal charges are unlawful, the punitive measures implemented in relation to the defendants are illegitimate.

The Committee concludes that the actions taken by the authorities during the public events organized with the aim to exercise the constitutional rights “to peaceful and unarmed assemblies, to conduct meetings, demonstrations, marches and pickets” for the first time in 25 years were unprecedented in their cruelty and notable for the total use of violence and numerous violations of the law. The authority officials on the 6th of May and afterwards, during the investigation and subsequent court proceedings, broke the norms of The Constitution of the Russian Federation, the European Convention for the Protection of Human Rights, The Declaration of Human Rights, The International pact for civil and political rights, the Federal law “On meetings and gatherings, demonstrations, marches and pickets” No. 54- ФЗ dated 19 of June, 2004 and the Federal law “On the police forces” No. 3- ФЗ dated 07.02.2011.

Currently the government tries to bias the Russian society with an absolutely definite version of the events that took place on May 6, 2012, which in short boils down to the following. There is a group of individuals which was intentionally preparing the mass riotings on the Bolotnaya Square. The 6th of May events, which were classified as mass disorders, were the result of these preparations. It is a completely groundless version that is not supported by facts which could be overthrown by any unbiased court, if there could ever be such a court trial in the contemporary Russia.

The Committee’s version of the 6th of May events

The facts collected by the Committee give solid grounds to bring forward an absolutely different version of the May 6, 2012 events. The acts of complete disrespect of the law by the authorities, openly proved facts, can have two

explanations. The first explanation – an excessive act. The second – a planned action. The Committee‟s opinion is that second explanation is true and it constitutes the version put forth by it.

1. The previously planned character of the total disregard of the law that is proved by a number of facts. It is just enough to remind of the following ones:

for the first time there was no cooperation whatsoever between the authorities and the demonstration initiators at the meeting site;

there was an unprecedented number of previously concentrated vehicles for conducting mass arrests;

the uniform worn by the law-enforcement forces did not have the necessary distinctive marks. Such a mass violation of the law can be possible only in case it was prepared by a single center. The previously planned absence of the distinctive marks can serve only one purpose – unpunished violation of the current legislation;

there are multiple facts proving the coordinated cooperation between the police forces and the provokers among the demonstrators;

it should be noted that, unexpectedly to the demonstration leaders, many have noticed piles of disassembled and carefully stacked asphalt which was later used to throw at the police formations by the provokers;

according to the data contained in the document titled Reference on the Result of the Public Safety and Order Enforcement Activities on May 6, 2012 in Moscow signed by Deputy Chief of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs, police colonel D.Y. Deynichenko (Appendix 1 to Chapter 7), the police estimated 8,000 participants of the meeting (in whereas the declared figure constitutes 5,000). At the same time, the quantity of the law- enforcement forces was estimated at 12,759 people;

the planned character of the mass legislative violations is also proved by the biased, one-sided portrayal of the protest action in the state controlled media, characterised by copying the same materials.

2. There is also no solid ground behind the suggestions that the unprecedented forceful preparations for the 6th of May action could be conditioned

by some prior received information. If there were any grounds for such considerations, they should have been discussed in the first place with the demonstration organizers, yet there were no such facts. Besides, the bodies of investigation currently dispose of only testimonial information (interpreted as proofs to the official version), which, however, was received only after the 6th of May and describes the events that happened after this date. The presence of serious and reliable operating data about the intentions of certain individuals posing significant threats to the public safety presupposes preventive isolation of such people. Such practice was used before and is made use of today despite of the real scale of threats. It is exactly the 6th of May action that was attended by all (or almost all) of the protest movement activists, which were charged with preparations for the mass disorders. In case there is some previously gathered data, such unusual fact must be interpreted as an intentional provocation. Finally, the activities necessary to suppress the intentions to arrange sittings on the ground and pitch tents does not require neither military troops, nor mass illegal violence. This kind of acts can by no means be classified as mass rioting. Thus, the enormous quantities of security forces concentrated around the approved public action site cannot be explained by the intention to prevent mass riots, yet this fact proves the version suggested by us.

3. The Committee is convinced, and such conviction is supported by multiple facts proving that the unlawful and previously planned actions of the public safety forces on the Bolotnaya Square and its surroundings had the following objectives:

to scare people;

to raise panic;

to provoke the protesters for responsive actions, directed against the law- enforcement bodies;

to provide the ground for mass rioting accusations;

to prove the mass legal violations with the help of the above.

It is common knowledge that panic starts in a crowd which is pressed from all sides and has no opportunity to disperse. This is exactly the situation created by the police forces, starting from the unexpected displacement of the cordon lines what abruptly limited the meeting area. This was followed by the compression of

the crow. At the same time, random people were taken out of the crowd, which was succeeded by mass beatings aimed at the increase of the panic and provocation of responsive defensive acts. It is necessary to add that the pre-planned anonymity of the people responsible for the mass legal violations contributed to the increase of aggression.

It is also necessary to mention that the bodies of investigation, when choosing the punitive measures, with no proper analysis of all the circumstances or any description of the defendants‟ actions, were identically incriminating them the criminal intent and participation in the mass riots.

4. Formulating its own version of the events, the Committee considers itself to be obliged to explain the reasons that triggered the public safety forces to commit mass violations of the law. It must be remembered that the public event of the 6th of May was aimed at confrontation against the falsifications during the parliamentary and presidential elections. Consequently, the event was questioning the legitimacy of the presidential elections and the very person to take an oath during the official inauguration on the following day in Kremlin. It should also be reminded that the illegitimacy of the government in power earlier became one of the core issues of the protests. Public success of the protest immediately before the inauguration could have led to long-term negative political consequences for V. Putin. The fear stirred by the understanding of its own illegitimacy became the main reason which made the authorities resort to mass legal violations as means of political struggle chosen to restrain and subdue the protests that were insisting on such illegitimacy. This fear was well-illustrated by the views of empty Moscow streets and the dark motorcade taking the president to give his oath against such background. This exact fear, armed with the state bodies of coercion, found its outlet in the attempts to spread fear among the protesters using all the necessary means.

Summing up all the available facts, the Committee considers that during the events of the 6th of May the state political leadership committed an intentional and violation of the constitutional rights of the citizens for their political ends, stirred and began its struggle with its ideological dissidence using various governmental institutes (the police, the bodies of investigation, the public prosecutor‟s offices, courts, the federal TV-channels).

The events of May 6, 2012 should be classified as a pre-planned, conscious, intentional, particularly cruel and cynical mass infringement of the Constitution of

the Russian Federation and the Russian legislation. The Committee is of the opinion that such events were put into reality and sanctioned under the pressure from the supreme political leadership of the country.

The Committee does not consider the presented version to be proved stating that the final consideration should be given by the investigation and the court, should there be a professional investigation and an independent court.

The Committee informs that its function is not limited to the preparation of the current Report and its public release. It will continue its work until the final liberation of all the citizens illegally convicted in relation to the events of May 6, 2012; until the authorities stop their unlawful activities in connection with the 6th of May events; until the final overcoming of all the negative outcomes of the committed illegal actions, including the punishment of all officials involved in the considered crimes and administrative violations.

The Committee intends to attract maximum public attention, in Russia and internationally, to the 6th of May events, to the legal cases and courts trials connected therewith to strive for open, impartial and just court proceedings.

The Committee considers it to be necessary to appeal to the Prosecutor General‟s Office and the Investigative Committee of the Russian Federation with the aim to require an inspection in relation to the mass violations of the Constitution of the Russian Federation, international and Russian legal acts by the state authorities relating the events of the 6th of May, 2012. All the mentioned appeals will be sent within the next few days.

The Committee intends to address the European Court for Human Rights on all the facts of violations of the human rights protected by the European Convention which have been and will be revealed in course of its work.

The Committee plans to address the international legal bodies (OSCE/ODIHR, the European Parliament, the UN, and etc.) on the matter of planned, mass violations of civil rights in Russia relating the events of May 6, 2012.

Alongside the court trials held in relation to the participants of the peaceful manifestation of May 6, 2012 planned by the authorities, the Committee will organize permanently active public hearings with the goal to analyze the progress of the trials, present all the evidence and hear all the witnesses denied by the court,

disclose all the falsifications and procedural violations detected during the court trials in question.

In conclusion, the experts and the members of The Committee of the December 12 Roundtable organized to conduct the Public Investigation of the 6th of May events express their deepest gratitude and respect to all people who presented their verbal and written descriptions and expressed willingness to testify upon the upcoming trials. The Committee would not be able to work without this great amount of collected information. This is an act of the greatest civil courage. It proves the fact, that the people of Russia cannot be scared of any repression.

1. Committee Status, Objectives and Principles

On December 12, 2012, the Russian Federation Constitution Day, the members of the December 12 Roundtable approved the Statement (Appendix 1 to Chapter No. 1) to conduct the Public Investigation of the events of the 6th of May, 2012 in Moscow which took place immediately during the public assembly approved by the municipal authorities (the march through Yakimanka street and the meeting on the Bolotnaya Square) and of other facts connected with the actions of state bodies to impose criminal and administrative liability for the organization and participation in “mass disorders”.

The first stage of the Public Investigation was held by the initiative Working Group created with the active participation of RPR-PARNAS and the 6th of May Public Committee (further referred to as the “Working Group”). The Working Group has collected and submitted to the Committee the information collected from the participants of the 6th of May events – the organizers of the march and the meeting, the people who took part in the negotiations to coordinate the place and time of the public event with the city officials, the people involved in the cooperation with the police on the matters of law-enforcement measures and acts to ensure the safety of the people participating in the march and the meeting. The Working group possesses obvious proofs that all the information was handed over by the people of their own accord. The Committee proceeds from the fact that these citizens are ready to publicly confirm data given to the Working Group. The main point used to collect the data was implementation of the Internet site www.6may.org, which contained a special questionnaire. The Working Group also used personal interviewing, accepted descriptions in writing and in the form of video recordings. The overall amount of data made up over 600 descriptions made by the event participants, thousands of photos, hours of video footage.

The Committee, with the participation of experts, based on the publicly available data and the information provided by the Working Group during the second stage of the Public Investigation, prepared the present Report. The Report features the three basic issues formulated in the Statement by the December 12 Roundtable (www.RT12dec.ru), along with a set of evaluations of some important circumstances: the progress of the official investigation proceedings of the 6th of May case and the nature of the federal media coverage of the case.

The Committee in its Report gave answers to the issues that were raised:

1. Did the mass rioting and its prior organization take place before and during the 6th of May events?

2. What was the role of the law-enforcement agencies in stirring up the incidents of May 6, 2012 in Moscow?

3. What are the reasons behind the transformation of the peaceful procession into clashes between the police and the protesters?

The Committee considers it necessary to use the Public Investigation materials to define the persons in power responsible for the violation of the civil rights and freedoms during the 6th of May events and during the investigation of the 6th of May case. The Committee states implementation of the sovereign power of the people through referendums and free elections is impossible in the Russian Federation. The current government has barred itself from referendums with outrageously high barriers; free elections have long been replaced with manipulations and falsifications. For this reason the immediate exercise of their powers is the only means left for the Russian people to protect their rights and freedoms. Such possibility is stipulated by Art. 45 of the Russian Federation Constitution. This fundamental right can only be restricted by the Constitution and the Federal law.

“The general principles of law recognized by civilized nations” (Art. 38 (1) (c) of the Statute of the International Court of Justice) allow Russian citizens to perform any activities that are not prohibited by the Constitution and the Federal law. The creation of the Committee, its goals, objectives and results of its activities fall within the framework of the above-mentioned legal possibilities. The Committee in its actions realizes the controlling function which can be realized by any citizen of the country in relation to the governmental bodies and their officials.

The Committee has no claims whatsoever to any state powers assigned by the Constitution and the legislation of the Russian Federation to the constitutional governmental bodies. The objective of the Committee is to obtain information on the 6th of May events and define its position in regard to their progress and nature, reasons and outcomes using all the legal means.

We, members of the Committee, have taken over the initiative to create it and have accepted the responsibility for its activity and the results of this activity. This Report is to inform of the results of the work performed and the conclusions

made, with complete recognition of our responsibilities before the Russian society. We are convinced in the necessity to objectively inform the public about the 6th of May events and the governmental actions connected therewith.

2. Сomposition of the Committee

Chairman of the Moscow Helsinki group Lyudmila Alekseeva, human right activist and journalist Vаlerij Bоrshhev, human right activist and journalist Zoya Svetova, human right activist Lev Ponomarev, human right and writer Aleksey Simonov, People‟s Artist of Russia Liya Akhedzhakova, writer Vladimir Voynovich, scientist and public activist Dmitry Zimin, film director Andrey Smirnov, director of documentary films Vitaly Mansky, director of animation Garry Bardin, journalist Aleksandr Ryklin, People‟s Artist of Russia Igor Yasulovitch, poet Lev Rubishtein, sociologist Georgy Satarov, academician Yury Ryzhikov, journalist Sergey Parkhomenko, photographer, journalist and volunteer activist Dmitriy Aleshkovsky, journalist and human right activist Olga Romanova, People‟s Artist of Russia Natalya Fateeva, economist Evgeny Yasin, film director Vladimir Mirzoyev, animation director Yury Norstein, civil activist Natalya Gorbanevskaya, journalist Aleksandr Podrabinek, journalist Vladimir Korsunsky.

3. The Public Situation Prior to the 6th of May Events

The events of May 6, 2012 were preceded by a huge outbreak of civil activity. Yet it cannot be called unexpected. The ground for it was prepared by three interconnected tendencies.

Primarily, the end of the 90-ies was characterized by the public fatigue from the preceding cardinal reforms and social collisions, which led to the revival of hopes for a mighty state. The hardships of the transitional period aggravated by the post-revolutionary syndrome made the majority of the public to concentrate on their individual survival. There was a rapid decline in public and political activity. All of the factors aiming others facilitated the transfer to a personal regime and suppression of the autonomy of public institutions. The rise of prices for hydrocarbons made the government walk the easiest way: exploitation and conservation of the natural rent, while preserving the ever growing inefficiency of state institutions, economic and social problems, covered by financial interventions from time to time. The situation led to a de facto informal public agreement, according to which the society passively transferred the right to own the natural rent to the state, and the state did not infringe individual freedoms and transferred a part of the rent to maintain bearable living standards.

Secondly, public inactivity allowed the elite to establish a recurrent practice of violating the Constitution of the Russian Federation and other laws to remain in power. The judicial system, which for 80 years had been merely a unit of the administrative apparatus and started to realize its independent role in the formation of social compliance only in the first half of the 90-ies, was easily cut down to size. Those judges, who started to feel their true independence and tried to serve the law, were removed, and the judicial system lost its indispensable part – free and independent courts. The independence of the judicial system from the administration and law-enforcement agencies was again eliminated and did not manage to revive. At the same time, the fake veneer designed to add the events a touch of legitimacy was getting obsolete, and finally became completely unnecessary both for the government and for the ever-silent society. The small numbers and passivity of the opposition caused the government to form a persistent perception of the possibility to ignore opposition sentiments in the society. This fact, in its turn, made the opposition grow more radical.

Thirdly, there was a subsequent alternation of generations which included the appearance of the true New Russians – the middle class in its modern meaning. These people were maturing after the collapse of the communist experiment, in relatively free conditions, and were not parted from the rest of the world by the iron curtain; they got rid of the patriarchal soviet paternalism and were capable of achieving personal success. These people possess self-confidence and dignity, although often subconsciously, for these feelings were not cultivated in the country for almost 100 years.

The biggest part of the new middle class kept at a distance from politics during the last 10-15 years. Yet the constant ineffectiveness of the state has been raising new social issues before the society. The middle class has quickly learned to unite with the aim of collective resolution of such issues and frequently achieved success. The state authorities didn‟t pay much attention to the middle class, because the public activity oriented towards the social sphere did not pose direct threats to the government stability. Yet the state ineffectiveness, recurrent and ever-worsening problems, the absence of normal communication between the society and the government would sooner or later reveal the obvious truth: the process of resolving the social issues is constantly running into politically generated obstacles, created by the government during the last decade. There was a need of a single event, which could become “the trigger” releasing the tight spring of discontent.

Such an event took place on September 24, 2011: during the pre-election assembly of the party United Russia, the President D. Medvedev suggested nominating Prime Minister V. Putin as the candidate for the presidential elections. The latter, in his turn, promised Medvedev the post of the Prime Minster. The pompously glamorous atmosphere of the event and the cynical disregard of the Constitution, which formalized the job swap of the duet, were completely in tune with the governmental practices established during the past several years. That is why the unusually massive discontent turned out to be unexpected for everyone: for the authorities, for the scarce traditional opposition and for the middle class itself, which saw and realized itself during the protest demonstrations.

The feeling of self-respect of the middle class, offended by Putin and Medvedev, quickly transformed into the movement of constructive observation of the elections. The preparations of the opposition to disclose the habitual violations during the elections were assisted by a huge number of volunteers, previously

trained and present at the voting stations in different Russian cities on the election day. Despite the numerous violations of the legislation, the results of the elections revealed a significant drop in popularity of the state powers; United Russia lost its constitutional majority in the parliament, and the fact that it had received the insignificant simple majority of votes was conditioned by open and unprecedented frauds. As a result, the awakened feeling of self-respect, which was initially insulted by the principal governmental duet, found its new targets in United Russia and the Central Election Commission of the Russian Federation. This became clear during the first mass meeting on December 10, 2012, where dozens of thousands of people from the middle class claimed to give them back the stolen elections.

The first mass meeting revealed the incapability of the government to adequately react to protest movements, which has been developing throughout its past experience. Instead of a dialog, the powers resorted to public insults. As a result, Putin became the primary target of the public discontent, the overall atmosphere changed from a kind mockery to a sharp satire, and the demands of the protesters became more radical. It is also important to underline that all of the protest actions were extremely well-organized, and the overall atmosphere was nothing similar to mass riots.”

Prior to the presidential elections, the government was extremely worried about its result and decided to imitate negotiations with the opposition. However, the imitation was discovered very quickly. That is why the primary source of the off-street protest activity was directed towards the preparations for the presidential elections and was based on a great number of volunteers, which had no equals in Russia before.

The control exercised over the election process hit the weakest aspect of the government, which was related to its illegitimate character. Until autumn 2011 the illegitimate character of the Russian government was realized only by the two unequal groups of the population. The first one, smaller in number, was the opposition. The second and the large one – the bureaucracy, which constituted the pro-Putin vertical of power. The first group wasn‟t dangerous for the government due to its small number. The second one was also interested in the illegitimate character of the government, as it makes the political authorities dependent on the bureaucracy. After September 24, 2011 and the new illegitimate elections, the issue of the government‟s illegitimacy broke outside the tight borders of the traditional opposition and became a point of discussion for a significantly larger

circle of people who could outnumber the attendance of all the previous meetings and public marches many times.

It was exactly the issue of the government‟s illegitimacy that constituted the core problem of the events, which took place after the presidential elections. Because Moscow became the center of the protest movement and had the highest concentration of public observers, the government decided not to use the traditional technologies of violation inside the city and resorted to just experimenting with new technologies. It was no accident that Putin could not win half of the total votes in Moscow. But the violations outside of Moscow were as massive as usual.

This time the results of the elections produced a demoralizing effect on the public, and the two demonstrations that followed after the elections, were attended by a smaller number of people than previously. Yet by May, 2012 it became clear, that the protest movement did not disappear, just as it was not dissolved by the New Year celebrations and winter holidays. The core reason for the revival of the protests was the understanding of the illegitimate nature of the government, which was preparing „for May 7, 2012 and the inauguration of the newly elected President (according to the Central Election Commission).

Immediately before the inauguration, the government could not afford another mass demonstration, the principal concern of which was to be the illegitimate character of the Putin‟s victory, who usurped the presidency by relying on the mass legal violations. Only the government that realizes its illegitimate nature could empty the streets of Moscow on the day of the President‟s inauguration. The government feared the electorate, and this fear, combined with the complex of illegitimacy and the fear of a color revolution, formed the background for the events, which took place on May 6, 2012 on the Bolotnaya Square in Moscow.

It should be noticed that the protesters did not give the Russian government a single reason to use mass violence neither before May 6, 2012, nor afterwards.

Conclusions of the Chapter

Summarizing the given description of the political situation, it is important to stress out the following. The government in power has been formed under the conditions which does not presuppose any equal communication with the public, 29

and has never done so. As the society was weakened and weary of the revolutionary shocks, the group which took over the power could freely expand its authorities for the purpose of illegal enrichment. This led to a situation, when a possible loss of power became a vital threat for the group, and the people who openly express their free political will turned into their personal enemies.

Such people could not fail to appear, as the pro-Putin Russia retained its openness to the rest of the world, which was characteristic of the 90-ies, and the authorities, which concentrated on theft and enrichment, were not ready for total control of the society and left significant non-political areas of freedom for it. The new educated generation, which grew under such conditions, was destined to sooner or later reveal itself by reacting against the inefficiency, cynicism and the criminal nature of the people in power. This took place in 2011-2012. The mass protests that followed have a moral background, ironical content and an absolutely peaceful form.

The authorities, who interpreted the protests and the agents thereof as a clear and serious danger, decided that they can protect themselves only through suppression of the protest with all the possible means and with no legal limits. This decision found its reveal in the events of May 6, 2012.

4. Organization and Conduct of Public Events

4.1 Preliminary legal comments, describing the Committee‟s approach to the issues related to the freedom of peaceful gathering

The right to freedom of assembly and expression of opinion. The priority of the constitutional rights. The obligations of governmental bodies to provide the conditions for exercise of rights. The standards for freedom of peaceful assembly in the CE and OSCE member states. Guarantees of rights in Russian legislation and the judicial practice. The legal interpretation of the objectives to provide civil security during mass public gatherings.

4.1.1 The international and Russian legal acts, guaranteeing the realization of the right to free and unarmed gathering

According to Article 11 of the European Convention for Protection of Human Rights and Fundamental Freedoms (November 4, 1950), “1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.”

A more through description of the rights and obligations of mass event participants and the government is contained in the Guidelines on Freedom of Peaceful Assembly (OSCE, Warsaw, 2007). This is a non-regulatory document, yet it highlights the European standards for freedom of peaceful gatherings. In particular, clause 2.2 of the Guidelines stipulates the following: “The positive obligation of the government is to provide assistance and protection of peaceful gatherings… The state must constantly strive to allow organization of peaceful gatherings in places that are most favorable for the organizers thereof, to ensure protection of such gatherings and help in eliminating barriers for the spread of information about the upcoming gatherings within the society”.

The document sets forth the possibility to impose limits on the freedom of gathering. The most important is the principle of “adequate proportion”: “…Any limitations imposed in relation to the freedom of public gathering must have adequate proportions. In the process of achieving the legal objectives by the

government the preference should be given to the measures which presuppose the minimum amount of interference”. According to p. 3.2 of the Guiding principles “public gathering constitutes a legitimate way of using public space, just as trade, road traffic and pedestrian movement. This consideration must be taken into account while planning the necessity of any limitations”. According to p. 5.6.of the Guiding principles “the initiators of any gatherings should not be made liable for non-fulfillment of their obligations on condition that they put reasonable efforts to perform them”.

We also share the position of the European Court of Human Rights displayed by a number of its decisions. For example, in the decision on the Barankevich v. Russia case (Strasbourg, July 26, 2007) it is stated that: “States must restrain from using voluntary measures, which can create obstacles for the right to free gathering…” The European Court recognizes that the freedom of peaceful gathering, proclaimed in Art. 11 of the Convention, is a fundamental rights for democratic societies and, along with the right to freedom of thought, conscience and religion, constitutes one of their most essential parts (see also the Decision of the European Court on the Djavit An v. Turkey case, application No. 20652/92, §56, ECHR 2003-III, and the Decision of the European Court on the Kokkianis v. Greece case, с. 17, § 31). The European Court outlines that democracy is the only political model provided by the Convention and compatible therewith. According to clause. 2, Art. 11 and clause 2, Art. 9 of the Convention, any intervention against any of the rights provided by the above-mentioned articles can be only justified by the necessities, which originate inside of a democratic society (see the Decision of the European Court on the Christian Democratic People's Party v. Moldova case, No. 28793/02, §§62-63, ECHR 2006-...).

We consider the position of the Court to be essential, according to which “states must restrain from using voluntary measures, which can impose limits on the right to free gathering”. Considering the importance of the freedom of gathering association and its close relations with democracy, there need to be solid and insurmountable grounds to intervene with this right (see the Decision of the European Court dated 20 October 20, 2005 on the Ouranio Toxo v. Greece case, complaint No. 74989/01, § 36, with subsequent references).

No less important is the positive obligation of the state to provide possibilities for the exercise of the civilian right to freely conduct peaceful gatherings (confirmed by Art. No. 11 of the Convention), and also its obligation to

take all the possible measures to facilitate not only for unconstrained conduct of gatherings, but also to ensure protection thereof. This positive obligation is recognized not only by the Guiding principles of OSCE, but also by the European Court of Human Rights. The European Court has put this obligation in Art. 1 of the Convention, which runs as follows: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.” For example, § 64 and 66 of the Decision of the European Court on the Alekseyev v. Russia case, complaints Nos. 4916/07, 25924/08 and 14599/09, read as follows: “True and effective observation of the freedom of gathering and association cannot be limited to a simple obligation to the respect the freedom of gathering and association by the state; … the obligation of the Contracting States is to implement all reasonable and necessary measures to facilitate free conduct of legitimate demonstrations”. A similar position is expressed in § 32 and 34 of the Decision of the European Court on the Plattform Arzte fur das Leben v. Austria case.

Having signed the Convention and ratified it by means of establishing the appropriate Federal Law, the Russian Federation unquestionably undertook the obligation to restrain from any interventions and to positively assist the public in its conduct of peaceful gatherings.

Apart from that, the right of citizens to hold peaceful gatherings is provided in the Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948 (Art. 20): “1. Everyone has the right to freedom of peaceful assembly and association.”, and in the International Covenant on Civil and Political Rights of December 16, 1966 (Art. 21): “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.”

Art. 31 of the Constitution of the Russian Federation, referring to the provisions of the international legal acts proclaims the right of citizens to organize peaceful unarmed assemblies, meetings, demonstrations, marches and picketings.

De facto we see that in accordance with the Federal Law of the Russian Federation No. 54- ФЗ of June 19, 2004 Оn Gatherings, Meetings, Demonstrations, Matches and Pickets” (hereinafter referred to as “Federal Law No. 33

54”), the government has established not a declarative, but an administrative procedure for mass public events organization, even on the formal level.

Relying on the absence of stable legislative guarantees for the choice of places for public actions, the time and form of conduct thereof, many of the city authorities, in order to deny the coordination of public events or delay them (which does not allow the organizers to timely inform the potential participants and resolve administrative and technical issues connected with preparations to such public events), use fictional arguments: traffic problems within the city limits, the presence of earlier submitted applications requesting coordination of public events to be conducted at the same place and time. In certain cases the authorities use the possibility to start maintenance works or even archeological diggings in the required public events areas (as it happened in the case with the Mayakovsky Square in Moscow). Furthermore, the legislation does provide for the possibilities to submit preliminary and operative appeals through the courts decisions of the authorities to deny coordination of public events. It is obvious that filing complaints against such decisions, when the event didn‟t take place in view of the denial to coordinate it by the authorities, is absolutely useless.

4.1.2 Recommendations of the Committee regarding amendment of the legal acts related to the freedom of gathering

The Committee fully shares the position of Russian hunam rights activists and the experts of the Venice Commission of the Council of Europe, who have tried numerous times to draw the attention of the Russian government to the fact that the country‟s legislation does not guarantee proper realization of the constitutional right to freedom of peaceful gathering. Nevertheless, the absence of such guarantees in the legislation does not abolish the requirement to act in accordance with the international obligations, which derive from the international agreements of the Russian Federation, the latter being a constituent part of the Russian legal system and having the priority in case the laws of Russia contradict them.

In the opinion on Federal Law No. 54- ФЗ of June 19, 2004 on Assemblies, Meetings, Demonstrations, Marches and Picketings of the Russian Federation published on March 20, 2012, the Venice Commission of the Council of Europe prepared a set of recommendations for the Russian political authorities to amend the legislation (these recommendations fully reflect the Committee‟s position):

the presumption in favour of holding assemblies and the principles of proportionality and non-discrimination shall be expressly included in the Assembly Law; the regime of prior notification under Articles 5.5, 7 and 12 Assembly Act should be revised; the co-operation between the organisers and the authorities

II. 5 Art. 5 of Federal Law No. 54- ФЗ “The promoter of a public action has no right to conduct it in case they did not submit a proper notification thereof in a timely manner, or if the place and (or) time of the public action was not coordinated with the proper executive body of the constituent entityof the Russian Federation or with a local government body on the basis of its reasoned proposal”.

Article 7, Federal Law No. 54- ФЗ “Notification of a public action”

1. The notification of a public action (with the exception of gatherings and picketing held by a single person) shall be submitted by its organizing party in writing to an appropriate local government body in a term of 15 to 10 days before the action is held. In case of a picketing held by a group of people, the notification shalln be submitted no later than 3 days before its date.

2. The submission procedure for notifications of public events to be provided to the appropriate executive body of any subject of the Russian Federation (or local government bodies) is regulated by the respective laws of the entity of the Russian Federation.

3. Any notification of a public event must contain the following information:

1) the goal of the event;

2) form of the event;

3) the place (places)of the public event, the march route of its participants;

4) the date, start and end times of the event;

5) the suggested number of participants;

6) forms and methods suggested by the organizing party to ensure public order, medical aid, a notice of the intention to use sound amplifying equipment during the event;

7) full name or title of the organizing party, the information about its place of residence or stay and the telephone number;

8) full names of the persons assigned by the organizing party to execute management and supervision thereof;

9) the submission date of the notification.

4. In line with the principles contained in Article 3 of the present Federal Law, notifications of all upcoming public events shall be signed by their organizing parties and the persons assigned to execute the management and supervision thereof”.

Art. 12 of Federal Law No. 54- ФЗ “Obligations of the executive offices of the entities of the Russian Federation or local government bodies

1. The appropriate executive body of any entity of the Russian Federation, or the local government body, upon reception of a notification of a public event shall perform the following procedures:

1) provide documentary proof of having received the notification, indicate the date and time of its acceptance;

2) provide the organizing party of a public events with a reasoned proposal to change its place (or) time, to eliminate the non-conformities of the notified goals, forms and other conditions of the public event with the requirements of the present Federal Law within three (3) days after the day of reception of the notification (and in case the notification informs of a picketing to be conducted by a group of people less than five (5) days before it is held – on the day of acceptance thereof);

3) appoint its official representative for providing assistance in conducting of the public event depending on its form and number of participants in compliance with the requirements of the present Federal Law. The official representative is to be appointed by a written order, which shall be timely forwarded to the organizing party of the public event;

4) properly inform the organizing party of a public action of the maximum occupancy rate of the chosen territory (premise) ;

5) ensure the public safety and medical aid (if necessary) on the public event territory in cooperation with the organizing party and the official representative of the responsible body of internal affairs;

6) inform all responsible state agencies and local government bodies of the issues which caused to conduct the public event;

7) timely inform the respective federal bodies of state guard of any data referring to the conduct of a mass public event on traffic highways or in places of permanent dislocation of state protected objects, determined by Federal Law N 57- ФЗ of May 27, 1996“On state guard”.

2. In case the information contained in the text of the notification in question or other data provide the grounds to assume that the goals of the planned public action contradict the provisions of the Constitution of the Russian Federation and (or) violate any prohibitions, provided by the legislation of the Russian Federation on administrative and criminal offences, the executive office of the respective entity of the Russian Federation or the local government body must immediately send to the organizing party of the public event a reasoned written warning that the organizer and all the public event participants can be brought to justice in case of any of the notified violations or misconducts during its progress”.

* the co-operation between the organisers and the authorities in Article 12 Assembly Act should be settled on a voluntary basis respecting the assemblies’ autonomy and without depriving the organisers of the right to hold an assembly on the ground of a failure to agree on any changes to the format of an assembly or to comply with the timeframe for notification of the public event; the power of the executive authorities to alter the format of a public event should be expressly limited to cases where there are compelling reasons to do so (Article 11.2 ECHR),

Art. No. 11, p. 2 of the Convention “No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State”

with due respect for the principles of proportionality and non- discrimination and the presumption in favour of assemblies;

* the right to appeal decisions before a court (Article 19 Assembly Act) is welcomed;

Art. No. 19 of Federal Law No. 54- ФЗ “The procedure of appealing against the decisions and activities (or their absence), violating the civil right to conduct public actions

All decisions and activities (or their absence) of state bodies, local government bodies, public associations, officials, which violate the civil right to conduct public events, can be appealed in court in compliance with the procedure provided by the legislation of the Russian Federation”

it should be provided that a court decision will be delivered before the planned date of the assembly;

* spontaneous assemblies and urgent assemblies as well as simultaneous and counter demonstrations should be allowed as long as they are peaceful and do not pose direct threats of violence or serious danger to public safety;

* the grounds for restrictions of assemblies should be narrowed to allow application of the principle of proportionality in order to bring them in line with Article 11.2 ECHR and reasons for suspension and termination of assemblies should be limited to public safety or a danger of imminent violence;

* the obligations of the organisers in Article 5.4 Assembly Act should be reduced; their responsibility to uphold public order should be restricted to the exercise of due care;

Art. 5 p. 4 of Federal Law No. 54 ФЗЗ “The organizing party of a public event shall:

1) file a notification to conduct a public event to the appropriate executive body of any entity of the Russian Federation or the local government body in compliance with Art. 7 of the present Federal Law;

2) inform in writing the appropriate executive body of the entity of the Russian Federation or the local government body about its acceptance (denial) of all suggested changes of the place (time) of a public event, contained in the notification thereof, no later than three (3) days before the public event is to be held (except for the gatherings and pickets organized by a single person);

3) ensure observation of the conditions of a public event, provided in the notification of the public event or changed after prior coordination with the respective executive body of the subject of the Russian Federation or the local government body;

4) ensure, that the participants of a public event maintain public order and adhere to the rules of its conduct. The persons that do not fulfill the requirements imposed by the organizer of any public event can be expelled from it;

5) maintain public order and safety during a public event within the scope of its competence, and in cases provided by the present Federal Law, fulfill this obligation in cooperation with the official representative of the subject of the Russian Federation or the local government body and with the authorized agent of the internal affairs body, fulfill all legal demands thereof;

6) hold a public event or stop it in case an illegal act is committed by one of its participants;

7) control the observance of the maximum occupancy rate of the territory (premise ) of a public event, established by the executive body of the subject of the Russian Federation or the local government body;

8) ensure preservation of softscapes, premises, buildings, constructions, equipment, furniture, inventory and other property on the territory occupied by a public event;

9) inform the participants of a public event of any decisions made by the official representative of the executive body of the subject of the Russian Federation or the local government body to hold or stop it;

10) possess a distinctive mark as the organizer of a public event. The respective marks must also be worn all its official representatives.

5. The organizing party of a public event has no right to conduct it, if the notification thereof has submitted in bad time, or if the change of place (time) of the public event was not coordinated with the executive body of the subject of the Russian Federation or the local government body based on their reasoned proposals”.

* the blanket restrictions on the time and places of public events should be narrowed.

The latest amendments to the legislation on meetings (Federal Law No. 65- ФЗ of 08.06.2012 Оn Certain Amendments of the Code of Administrative Violations of the Russian Federation and the Federal Law Оn Gatherings, Meetings, Demonstrations, Marches and Picketing, hereinafter referred to as Federal Law No. 65) significantly degraded the situation with the guarantees to the freedom of gathering. This fact is noted in the Decision of the Constitutional Court of the Russian Federation of February 4, 2013 No. 4-P on the case of checking the constitutional compliance of the Federal Law Оn Certain Amendments of the Code of Administrative Violations of the Russian Federation and the Federal Law Оn Gatherings, Meetings, Demonstrations, Marches and Picketing in connection with the request of a group of deputies of the State Duma and the complaint made by E.V. Savenko (it should be noted that the Constitutional Court performed the procedure inconsistently and not in full measure).

A more definite reflection of the matter is contained in the opinion of the Venice Commission of the Council of Europe of March 11, 2013 (Opinion on Federal Law No. 65- ФЗ of 8 June 2012 of the Russian Federation –CDL- AD(2013)003). In the final part of the document, the Commission stated the evaluation of the changes made and expressed a regret that the Russian authorities did not take any steps to implement the Committee‟s proposals of March, 2012, as well as their conviction that the legislative changes of June, 2012 constitute a big step back in the work done to protect the freedom of gathering in the Russian Federation (this opinion is fully shared by us).

The Opinion of the Venice Commission of the Council of Europe of March 11, 2012 contains the following suggestions:

a. to review the newly added clause 2.1.1, Art . 5 of Federal Law No. 54

p. 2.1.1, Art. 5, Federal Law No. 54- ФЗ, as amended by No. 65- ФЗ: “any person having unexpunged conviction for a crime against the constitutional order and safety of the state, or a crime against public safety and order, or a person having two or more records of administrative liability for illegal acts, described in Articles 5.38, 19.3, 20.1 – 20.3, 20.18, 20.29 of the Code of Administrative Violations, during the term when the person is considered subject to administrative punishment”

and liquidate the prohibition to organize public events by groups of people, who were subject to legal liability for both criminal and administrative offences irrespective of their gravity;

b. to add the following to Art. 5, clause 3.6 of Federal Law No. 54:

“the organizing party of a public event is entitled <…> to demand from the official representative of the internal affairs body expulsion of any person who does not fulfill the legal requirements of the organizing party”

to add a provision stating that the absence of opportunities to demand intervention of law-enforcement officials shall not entail any negative outcomes for the organizing party;

с. to review Art. 5, clauses 4.3 and 4.7.1 of Federal Law No. 54

Art. 5, clause 4.3, Federal Law No. 54- ФЗ “the organizing party of a public event must <…> ensure observation of its conditions, provided in the notification about the event or changed after prior coordination with the respective executive body of the subject of the Russian Federation or the local government body”

Art. 5, clause 4.7.1, Federal Law No. 54- ФЗ “…to take all the necessary measures to prevent excessive attendance of a public meeting above the limit provided in the notification thereof, if such an excess poses threats to public order and (or) safety, the safety of its participants and other persons, or if it creates threats of causing damages to property”.

in a manner to exclude liability of the organizing party for the quantity of participants;

d. to replace the liability of the organizing party for the damages caused during a public event, provided in Art. 5, clause 6 of Federal Law No. 54, by the obligation to take all possible measures to maintain public order

Art. 5, p. 6, Federal Law No. 54- ФЗ “In case of non-fulfillment of the obligations provided in Part 4of the present article, the organizing party of the public event shall be held liable for the damages caused by its participants. Compensations of all harms and damages shall effected through civil legal proceedings”;

e. to review the prohibition to wear masks and similar attributes;

f. to limit the liability of picketers to cases of present threats to public order and safety;

g. to review the timeframes for public events in Art. 9 of Federal Law No. 54

Art. 9, Federal Law No. 54- ФЗ “No public event can start before 7 o’clock and end later than 22 o’clock, except for the events devoted to memorable dates of Russian history, cultural events of the current day on local time”;

h. to review the “immediately after coordination” time limit for the beginning of preliminary agitation for upcoming events in Art. 10 of Federal Law No. 54

Art. 10 of Federal Law No. 54- ФЗ “The organizing party of a public event and other citizens, immediately after coordination of the time and (or) place of the event with the executive body of the subject of the Russian Federation or the local government body, can freely perform preliminary agitation by informing the public of the place(s), time, goals of the public event and other information connected with its preparation and conduct, also to invite citizens and associations thereof to take part in the upcoming event”

i. to review the provision of Art. 8, Federal Law No. 54 on special public event places, where the events in question should be organized “in most of the cases”:

Art. 8 of Federal Law No. 54- ФЗ, as amended by Federal Law No.-65 ФЗ “Location of public events

1. Public events can be organized in any appropriate place in case they do not create dangers to destroy buildings and constructions, or any other threats to safety of their participants. The conditions to prohibit or limit public events in particular places can be specified by federal laws.

1.1. Executive bodies of the subjects of the Russian Federation shall be responsible for defining specially equipped places for the conduct of collective discussions on significant issues and expression of public attitudes, for mass civilian gatherings organized to express opinions on the actual social issues (hereinafter referred to as “special places”). The procedures guiding the usage of special paces, their occupancy limits and the maximum

attendance figures for the events, which do not require prior notification, are established by the legislation of the appropriate subject of the Russian Federation. The reported maximum number of participants cannot be less than 100 people.

(Part 1.1. was introduced by Federal Law N 65- ФЗ of 08.06.2012)

1.2. The process of choosing special places and the manner of their usage must take into account the possibility to achieve the goals of public events, access to transport, the possibility to use the available infrastructure, the compliance with sanitary norms and rules, public safety, and etc. In case the organizers of two separate public events deliver notifications to conduct them in special places at the same time, the order of their usage shall be defined based on the time the appropriate notification was received by the responsible executive body of the subject of the Russian Federation or the local government body.

(Part 1.2 was introduced by Federal Law No. 65- ФЗ of 08.06.2012)

2. The places, which prohibit organization of public events, include the following:

1) territories in close proximity to dangerous industrial sites and other objects requiring observation of special safety rules;

2) over-bridges, railways, oil, gas and products pipelines, high voltage electrical lines;

3) territories in close proximity to the residences of the President of the Russian Federation, to the buildings occupied by courts, state penitentiary facilities;

4) border areas in case there is no permission received from the border authorities.

2.1. After the special laces have been defined by the appropriate executive body of the subject of the Russian Federation in compliance with Part 1.1 of the present article, public events are usually carried out in specially appointed places. A public event can be conducted outside of the specially outlined area only after prior coordination with the responsible executive body of the subject of the Russian Federation or the local government body. The executive bodies that were mentioned can deny coordination of a public event only on the legal grounds provided by Part 3, Art. No. 12 of the present Federal Law.

(Part 2.1 was introduced by Federal Law No. 65- ФЗ of 08.06.2012)

2.2. In order to protect the civil rights and freedoms, ensure public order and safety, the legislation of the Russian Federation defines the additional set of places that prohibit accomodation of gatherings, meetings, marches, demonstrations, also in cases when public events in the places specified can cause distortions in the functioning of critical infrastructure, transport and social infrastructure, objects of communication, create obstacles to pedestrians and (or) vehicles or block the access to living quarters, objects of transport and social infrastructure.

(Part 2.2 was introduced by Federal Law No. 65- ФЗ of 08.06.2012)

3. The procedures of conducting public events within the objects of historical and cultural value shall be defined by the executive body of the respective subject of the Russian Federation with regard to their peculiar features and the requirements of the present Federal Law.

3.1. The procedure of conducting public events within objects of transport used by public means of transportation and not related to the places, where public events are prohibited in accordance with Part 2 of the present article, shall be defined by the laws of the respective subject of the Russian federation with regard to the requirements imposed by the current Federal Law and the traffic safety requirements provided by federal laws and other legal acts and norms.

(Part 3.1 was introduced by Federal Law No. 344- ФЗ of 08.12.2010)

4. The order of conducting public events on the territory of the State historical and cultural open-air museum “The Moscow Kremlin”, including the Red Square and Aleksandrovsky Garden, shall be defined by the President of the Russian Federation”

j. to withdraw clause 3, Art. 12 of Federal Law No. 54

clause 3, Art. 12 of Federal Law No. 54- ФЗ “Any executive body of the subjects of the Russian Federation or the local government body can deny coordination of a public event only in case the notification to conduct it was submitted by a person which in accordance with the present Federal Law cannot be an organizer of any public events, or if the notification designates the place which is prohibited to host public events in compliance with the present Federal Law or any other legal act of the Russian Federation”.

k. to review and decrease significantly the severity of punishment for possible legal violation of Federal Law No. 54;

l. to review Art. 20, clause 2.2 of Federal Law No. 65

Art. 20, clause 2.2 of Federal Law No. 65- ФЗ “The Code of administrative violations, Article 20.22. Organization of a mass simultaneous civilian gathering and (or) movement in public places, leading to violations of public order.

1. Organization of simultaneous mass gatherings and (or) movement of people in public places (which is not a public actions), agitation of people to participate in such gatherings or movements or participation therein, which cause violations of public order or sanitary norms and rules, problems with the functioning and preservation of the critical infrastructure and objects of communication, or block the access to living quarters and objects of social and transport infrastructure with the exception of cases, stipulated in Part 2 of the present article, -

is subject to civil liability in the form of an administrative penalty charge of 10 to 20 thousand roubles or 50 hours of obligatory community works; for executive officers – 50 to 100 thousand roubles of penalty charge; for legal persons – 200 to 300 thousand roubles.

2. The acts stipulated in Part 1 of the present article, which caused damages to people’s health and property, and did not entail any criminal acts,

- are subject to civil liability in the form of an administrative penalty charge of 100 to 300 roubles or up to 200 hours of obligatory community works; for executive officers – 300 to 600 thousand roubles of penalty charges; for legal persons – 500 thousand tо 1 million roubles of penalty charges.

Note. In this article the organizers of simultaneous mass gatherings and (or) movements of people in public places (which is not a public event) is the person who actually performed the management and supervisory functions during such gathering or movement in a public”

m. to ensure that the guarantees of fundamental rights provided by the law apply not only for the citizens of the country, but to all people.

The 6th May, 2012 Public Investigation Committee considers that all the suggested changes to the Russian legislation on gatherings, meetings, marches,

demonstrations and picketing shall become one of the basic constituent parts of the demands of the democratic community to the current authorities.

4.1.3 Judicial practice

It should be noted that the courts also contribute to the overall atmosphere of lawlessness in relation to the basic constitutional values by copying the numerous decisions on administrative offences committed by the participants of the unapproved (and even approved) public events. The judges‟ decisions are grounded merely on the testimonies given by the policemen inferring the priority of their words over the testimonies given by general citizens. The judges never doubt the objectivity and indisputability of the policemen‟s evidence and do not presume the possibility of intentional distortion of information on the real circumstances. It becomes obvious that the arbitrary and rigid interpretations of the legal limitations for peaceful and unarmed assemblies of people are politically selective.

The judicial experience has shown that the courts are not guided by the principle of direct action of the Constitution of the Russian Federation and the priority of the international obligations related to the international legal agreements that were enacted on the territory of the Russian Federation. The legal collisions between the contents of Russian laws and the legal essence of the norms contained in the Constitution of the Russian Federation and the international agreements (and, as stаted by the opinions of the Venice Commission of the Council of Europe, such collisions are quite numerous) were always resolved in favor of the Russian laws. Unfortunately, when dealing with the issues related to protection of principal human rights and freedoms (freedom of gathering, association, fair and free election and etc.), the principle of the Supremacy of Law becomes alien to Russian courts.

The Committee considers that it will be hard to achieve a true freedom of gathering with no principal shift in the court approach towards the issue of protecting fundamental human rights and freedoms to the true understanding of the priority of these rights and the most rigid interpretation of the limitations imposed by the state.

4.1.4 Legal norms regulating the obligations of the executive bodies of the entities of the Russian Federation immediately involved in the organization of public events.

Federal Law No. 54, in particular, provides the following obligations for the executive bodies of the entities of the Russian Federation, immediately involved in the organization of public events: “...to ensure, within the scope of its competence and in close cooperation with the organizing party of the public events and the with the official representative of the appropriate internal affairs body, public order and safety of the civilian population during the public event and urgent medical help, if necessary” (Art. 12).

Article 14 of Federal Law No. 54 stipulates the obligations of the official representative of an internal affairs body: in particular, the obligation “to provide assistance during public events within the scope of their competence”, as well as to “to provide, in close cooperation with the organizing party and the official representative of the appropriate executive body of the Russian Federation entity or the local government body, public order and safety during the public event, ensure the legal nature of its conduct”.

Article 18 of Federal Law No. 54 envisages the following: “executive officials and other people have no right to prevent protesters form expressing their opinions in a way that does not violate public order and the regulations guiding the conduct of a public event”.

4.1.5 Legal norms, regulating the obligations of law-enforcement officials

The Committee considers that the police should be guided by the constitutional principle of the priority of the rights of citizens to peaceful gathering. The instructions defining the code of actions to be followed by state officials during public and political events, their instruction and training should be directed towards ensuring public guarantees for the right to peaceful gathering and expression of opinions.

The police shall remain absolutely neutral towards the social and political content of public actions. The participants of peaceful gatherings should feel comfortable and understand that the police forces are striving to create comfortable conditions for them.

The authorities must create the atmosphere of trust to the police forces as the state law-enforcement machine created for protecting human dignity and rights irrespective of people‟s attitude to the authorities in power.

The current legislation (Federal Law No. 3- ФЗ On Police Forces of 07.02.2011, last amended on 05.04.2013, Federal Law No. 37- ФЗ) contains the norms, the implementation of which must provide protection of civilian rights during public events. They include the following:

Article 1. The purpose of the police forces

“1. The purpose of the police forces is to protect the lives, health, rights and freedoms of the citizens of the Russian Federation, foreign citizens, persons without citizenship (hereinafter referred to as citizens; persons), to counteract crime, protect public order, property and safety”.

Article 2. The principal aspects of the police activities

“1) protection of persons, society and state from illegal offences;

6) ensuring security in public places”

Article 5. Protection and respect of human rights and freedoms

“1. The police shall exercise its activities observing and respecting the human rights and freedoms.

2. The police activities which limit civilians’ rights and freedoms shall be stopped immediately upon achievement of the legitimate objective thereof or when it is revealed that such objective must not be achieved by means of limiting the civilians’ rights and freedoms.

3. Police officials must not exercise torture, violence and other types of cruel and humiliating behavior. All policemen must prevent all intentional actions aimed at causing pain, physical and moral suffering.

4. When addressing a civilian, a policeman must:

1) state their position, rank, surname, present the certificate ID and inform the citizen of the reason of the address;

2) in case of using measures limiting the rights and freedoms of a civilian, the policeman must explain their reasons and the subsequently arising rights and freedoms of the civilian person.

5. if addressed to, every policeman must state their name, rank, surname, listen attentively to what the civilian has to say, take the necessary measures within the scope of their competence or explain who has the necessary competence to resolve the addressed issue.

6. If not provided otherwise by the law, all the data obtained in relation to the private life of any citizen cannot be handed over to anybody without his/her prior consent.

7. The police must provide every citizen with the possibility to get acquainted with the documents and materials which directly touch upon his/her rights and freedoms, if not provided otherwise by the federal law.”

Article 6. Legal compliance

«1. The police must perform their activities in full compliance with the law.

2. Any limitations to the rights, freedoms and legitimate interests of the civilian population, public associations, organizations and executive officials can be implemented only in full compliance the procedures stiplated by the federal legislation.

3. Police officials are prohibited to directly or indirectly provoke, persuade or incite any person to commit illegal acts.

4. No police official can justify their actions (or inaction) performed on duty by the interests of service, economic practicability, unlawful requirements, orders and instructions of their superiors or any other circumstances.

5. Usage of public enforcement measures by police officials with the aim to fulfill the obligations and enforce the rights of the police can be justified exclusively in cases stipulated by the federal law.

6. All Federal internal affairs executive bodies shall execute control of the legality of actions taken by police officials.”

Article 7. Impartiality

“1. The police shall protect the rights, freedoms and legal interest of persons irrespective of … views, relation to any public association…”

Article 9. Public trust and civilian support

“1. The police strives to ensure public trust and support the civilian population.

2. All actions taken by police officials must be properly grounded and clear to the public”.

Article 12. Responsibilities of the police

“1.The police has the following responsibilities:

6) to ensure, in cooperation with the official executive representatives of an entity of the Russian Federation, local government bodies and organizers of gatherings, meetings, marches and other public events (hereinafter referred to as “public events”), public safety and order, to provide the necessary assistance for the organizers of sport, entertaining and other mass events (hereinafter referred to as “mass events”) in compliance with the legislation of the Russian Federation”.

Article 14. Detention

“1. The police shall protect the right of every person to freedom and personal security. No person can be subject to detention for more than 48 hours before the proper judicial decision in cases, provided by the present Federal Law and other federal legal acts.

14. All detentions are to be registered in protocols with the indicated date, time and place of its composition, it is also necessary to indicate the position and name of the police official, information about the arrested person, date, time, place, grounds and motives of detention and also the fact of notifying the closest relatives and acquaintances of the arrested person. 46

16. Arrested people are to be held in specially equipped places, which exclude any dangers to their lives and health. The conditions of detention, nutrition norms and the procedures for medical treatment of the arrested are defined by the Government of the Russian Federation. The arrested, before being placed into specially equipped premises and after the end of their detention term, are subject to medical examination, the results of which need to be registered in the protocol of detention”.

Article 16. Surrounding (blocking) terrains, residential spaces and other objects

“1. The police shall protect the rights of free movement within the state borders for all persons legally staying on the territory of the Russian Federation. Any limitations to the freedom of movement can be imposed only in compliance with the present Federal Law and other federal legal acts.

2. The police shall be entitled to surrounding (blocking) particular terrains based on the decisions of the chief executives of the appropriate territorial bodies and their deputies in the following cases:

1) in case of liquidation of accidents, natural and anthropogenic disasters and other emergency situations consequences, quarantine operations during epidemics and (or) epizootic outbreaks;

2) during special activities carried out to prevent mass disorders and other actions disturbing the normal work of traffic infrastructure, means of communication and organizations;

3) during searches of persons who have escaped custody or evade criminal punishment;

4) during prosecutions of persons suspected of committing crimes;

5) during counter-terrorist operations, verification of data related to detection of explosive materials or mechanisms, poisonous or radioactive substances.

3. Surrounding (blockings) particular terrains may limit or block the movement of vehicles or pedestrian, if this is necessary to ensure public safety and order, conduct investigative operations and prosecutions, guard criminal and administrative crime scenes, places of accidents, protect endangered objects”.

Article 19. The procedure for using physical force, special equipment and firearms

“1. All police officials, prior to using physical force, special equipment or firearms against any person, must inform such person of their belonging to the police forces, warn them of the intentions to use physical force, special equipment or firearms and provide the time necessary to fulfill their legitimate requirements. In case of using physical force, special equipment or firearms by a police group, the necessary announcements must be made by one of the group members.

2. Police officials may fail to warn of their intentions to use physical force, special equipment or firearms if a delay in the usage thereof creates direct threats to life and health of a citizen or policeman, or in case it can inflict other heavy consequences.

3. Police officials, when using physical force, special equipment or firearms, must act depending on the current situation, the nature and level of danger in the acts of persons subject to use of physical force, special equipment or firearms, depending on the nature and force of the shown resistance. At the same time, all policemen must strive to minimize damages.

4. Police officials must provide first aid to the people who were subject to use of physical force, special equipment or firearms, and take all the necessary measures to provide it as quickly as possible.

5. The police must inform the closest relatives or acquaintances of the persons subject to use of physical force, special equipment or firearms as quickly as possible, but no later than within 24 hours.

6. All cases of causing injuries or death after the use of physical force, special equipment or firearms by a police official shall be informed by a prosecutor within 24 hours.

7. Police officials must do everything possible to retain untouched the scenes of administrative and criminal offences committed by a criminal, if the use of physical force, special equipment or firearms lead to his/her injury or death.

8. All cases of using physical force, which caused damage to health or property of citizens or organizations, as well as the cases of using special equipment or firearms, must be reported by the respective policemen to their immediate superiors or to the chief executive of the closest territorial police unit within 24 hours after usage thereof and must also provide the appropriate report.

9. When working as a part of a police squad or group, all policemen shall use physical force, special equipment or firearms in compliance with the federal legislation only on the order of the leader of the squad or group.”

Article 20. Use of physical force

“1. Police officials have the right to use physical force personally (within a group), including various combat techniques, if peaceful methods do not allow to fulfill their duty, in the following cases:

1) prevention of criminal and administrative offences;

2) if it is necessary to deliver persons who have committed administrative and criminal offences, to the service space on the territory of the respective local police departments, or in case of detention of such persons;

3) to overcome resistance to their legal demands.

2. Police officials are entitled to use physical force in all cases when it is allowed to use special equipment and firearms according to the present Federal Law”.

Article 21. Use of special equipment

“1. Police officials are entitled to use special equipment personally (within a group) in the following cases:

1) defense against assaults on civilians and policemen;

2) prevention of administrative and criminal offences;

3) suppression of resistance;

4) detention of a criminal, who committed a crime and is trying to escape;

5) detention of persons capable of armed resistance;

6) delivery of criminals to police stations, convoying or escorting arrested persons and persons in custody, subject to administrative punishments in the form of administrative arrest, prevention of attempts to escape, in case of showing resistance to police officials, causing damage to himself and to other persons;

7) liberation of hostages, captured buildings, premises, constructions, vehicles and plots of land;

8) prevention of mass disorders and other illegal offences which might impede the normal functioning of traffic lines, objects of communication and organizations;

9) stopping vehicles whose owners do not fulfill the demand to stop it;

10) identification of people who are committing or have already committed administrative of criminal offences;

11) ensuring the protection of guarded objects, blocking of groups of people committing illegal acts.

2. Police officials have the right to use the following kinds of special equipment:

1) special police batons – in cases provided by p. 1-5, 7, 8 and 11, Part 1 of the present article”

Article 22. Restrictions and limitations on the use of special equipment

“1. Police officials are prohibited to use special equipment:

2) to prevent illegitimate gatherings, meetings, demonstrations, marches, non-violent picketing violating public order, causing damages to normal the normal work of traffic, means of communication and organizations.

2. The use of special equipment is subject to the following limitations:

1) special police baton cannot be used to hit persons in the head, the neck, the sternocleidomastoid area, the stomach, the genitals, or the heart area

4.2 Established facts

4.2.1 Application of the organizers, the course of the negotiations, coordination with city authorities; time and location of the public assembly, site perimeter of the public assembly; the course of the talks on law enforcement issues, the arrangements reached and their implementation.

The following persons applied the notification for the demonstration and the meeting on May 6, 2012: E. Lukianova, S. Udaltsov, N. Mityushkina, I. Bakirov, S. Davidis. The application was filed two weeks before the date, on Monday, April 23, 2012 according to legislation.

The Notification of April 23, 2012 contained the following route defined by the organizers/applicants: beginning at 3 PM along Tverskaya Street – the demonstration from the Triumfalnaya Square to the Manezhnaya Square followed by the meeting.

On April 25, the applicants met with Aleksey Mayorov, the Head of the Regional Security Department of the Moscow City Government, 49

According to Regulations on the Regional Security Department of the Moscow City Government, the Department “shall consider notifications of public events received by the Moscow City Government and prepare instruction drafts of the Moscow Deputy Mayor at the Moscow City Government on the coordination and cooperation with the law-enforcement authority regarding the events. Shall coordinate the activities of the prefectures of the Moscow city administration divisions on considering notifications of public assemblies and taking appropriate decisions”. http://drbez.mos.ru/about/polozhenie_o_departamente/ who, on behalf of the City Government, informed that the demonstration along Tverskaya Street and the meeting on the Manezhnaya Square cannot be approved of because of the dress rehearsal of the Victory date parade on May 6 during which all the Kremlin adjacent squares were supposed to be closed. Mayorov, in his turn, suggested Frunzenskaya Embankment to hold the demonstration and Luzhniki to hold the meeting. The respective written statement was received by the applicants on April, 26.

On this very day, the applicants sent their claim to the Moscow city Government with the notification of the impossibility of holding the meeting at Luzhniki and suggested the authorities try to find any route within the Garden Ring Road. In the course of negotiations with Aleksey Mayorov, the following alternative places for holding the March were considered: the demonstration from the Kaluzhskaya Square to Yakimanka Street and the meeting on the Bolotnaya Square; the demonstration along the boulevards and the meeting on the Pushkin Square; the meeting near the Ulitsa 1905 Goda underground station (with blocking the road); the meeting in Sakharov Prospekt.

During the working session in the evening of April 26, the organizers of the May protest actions made a decision to seek the agreement of the City Government to hold the demonstration and the meeting in the central part of the city (the beginning of the action was scheduled at 3 PM on the May 6).

The representatives of the Moscow City Government promised to approve of the meeting site till the evening of April 28, however the answer was not received until May 4 (this is the common policy of the city authorities which prevents organizers from informing the eventual participants about the exact time, format and location of a meeting).

The formal notification of approval was issued on May 4, 2012, two days before the meeting. The notification informed the organizers on the “approval of the demosntration beginning at 4 PM on the Kaluzhskaya Square following along B. Yakimanka street and B. Polyanka street to the Bolotnaya Square and the meeting on the Bolotnaya Square till 7.30 PM with the purpose of “voicing the protest against corrupt practices and fraud in the course of elections for the State Duma of the Russian Federation and the presidential vote…” with up to 5,000 participants.” Meanwhile it was obvious for the organizers and the city authorities that the actual number of participants was supposed to be significantly greater. The Agreement was signed by A.V. Mayorov, Head of the Moscow City Regional 50

Security Department (Annex 1 to Section 4.2.1). Such a late approval of holding the meeting is in itself a grave violation of the civil rights for holding peaceful assemblies.

On May 5, 2012 there was a meeting at the Mayor's office with the participation of S. Davidis, as the representative of the applicants. According to him (participant’s evidence No. 14), such technical meetings are held to coordinate the route of columns, the location of the borders, the stage, the police forces. Though, on May 5 none of these was decided. A. Mayorov has only announced that the columns‟ route, arrangements of the meeting area and the security forces lay-out would be the same as on February 4, 2012, in the course of the respective demonstration and meeting (Annex 2 to Section 4.2.1).

The lay-out identical with the lay-out of the meeting on February 4, was published on the Russian State Agency RIA Novosti web site http://ria.ru/infografika/20120201/553956909.html (Annex 3 to the Section 4.2.1). The lay-out was also published on the Moscow Central Internal Affairs Directorate web site. The lay-outs show that the area of the approved assembly area includes the Bolotnaya Square garden and the area located between Serafimovich Street, 2 and Bolotnaya Street, 14, along Serafimovich Street between Bolshoy Kamenny Bridge and Maly Kamenny Bridge, Bolotnaya Enmabenkment and the Bolotnaya Square. The point to be emphasized is that all the acts of violence of the participants, the provokers and the police were committed within the approved assembly area.

In fact, the authorities without any notification of the applicants arbitrary and illegitimately changed the lay-out and the route of the demonstration to a significant extent and broke the major lay-out of February 4, 2012. The document which serves the evidence of this fact is On Execution of the Assignment (Annex 5 to Section 4.2.1) of August 15, 2012, signed by O.V. Baranov, Major General, the Deputy Head of the Moscow Department of the Ministry of Internal Affaris – the Chief of the Metropolitan police:

“Taking into account that the coordination of the route of the demonstration and the location of the meeting were agreed upon at the above named meeting at 9 PM on May 4, 2012, the public order and public security assurance plan and the cartographic solution were prepared in the shortest possible time (on the night of May 4 to 5 this year) and then were approved by the government of the Moscow Department of the Russian Ministry of Interior on May 5, 2012.

The cartographic solution and the public order and public security assurance plan in Moscow City on May 6, 2012 were not agreed with the organizers of the public assembly, and were not disclosed to the community and the participants by the Directorate for Combating Organised Crime of the Moscow Department of the Russian Ministry of Internal Affairs, since this documents are of official nature, they specify the number and the alignment of the police forces, the police facilities and the special equipment and determine specific tasks for the police response units”. Contrary to the way it was done on February 4, 2012, the Bolotnaya Square garden was blocked with metallic bars and by the police forces (thus excluding a 51

large part of the Bolotnaya Square from the approved meeting area). Only a narrow area of Bolotnaya Embankment was opened (Annex 4 to Section 4.2.1). Besides, an additional line of metal detection arches was placed at the entrance to the meeting area which were not used to prevent those citizens who participated in the meeting only from access (as on February 4, 2012), but to groundlessly examine the demonstration participants. There were less extra arches than at the entrance to the demonstration location and their number was evidently not enough for free passing of the demonstration participants to the meeting area.

On February 4, no barriers were installed in the public garden, but on May 6 it was in fact surrounded by the armed police forces. As Nadezhda Mitiushkina reported (participant’s evidence No. 585), the police feared that the marchers would pitch up tents in the public garden and searched the organizer‟s transport thoroughly.

Initially, the Mayor's office assigned only four hours for stage installation for the machinery necessary for the parade rehearsal was to be located on the Bolotnaya Square until 1PM.

For several hours the police would not let the truck with extra bars for stage security protection.

For the first time, the police banned cars with satellite dishes which were intended to cover the assembly. Only the truck of the Russia 24 TV Channel was allowed to the off-stage territory which was formally disposed by the organizers.

Another substantial issue is the fact that the City Government did not issue a written instruction to the organizers which would appoint a City Government authorized representative, who, under paragraph 3 of Article 12 of the Federal Law No. 54 would have been responsible for assistance to the assembly organizer. The violations of the law related to the refusal to promote assistance to the organizer of a public assembly were committed not only by the City government but also by V. Kolokoltsev, Chief of the Moscow Internal Affairs Directorate. V. Kolokoltsev, following the suggestion of the City Government, was responsible for the appointment of an internal affairs authorities‟ authorized representative for providing assistance to the organizer of a public assembly to ensure public order and security of citizens (clause 1, Art. 14 of the Federal Law No. 54).

As a result, there were no authorized persons officially appointed by the city authorities and Central Internal Affairs Directorate Government, who would be responsible for providing assistance to the assembly organizers, were present at the meeting. Under such circumstance, the organizers and the above named persons could not have kept in touch whatsoever. This contributed to a misunderstanding between the police forces and the participants, as well as made it difficult to

resolve conflicts.

On May 6, Nadezhda Mitiushkina, who was within the area of the planned meeting on Bolotnaya Square, unsuccessfully tried to find out the name and title of the Internal Affairs Authorities‟ representative responsible for security, law and order during the assembly. A. Makhonin, Police Lieutenant Colonel, appeared at the Kaluzhskaya Square, at the beginning of the demonstration and introduced himself to the organizers as a person responsible for security in the course of the demonstration. However, A. Makhonin made it clear that holding the meeting on the Bolotnaya Square was beyond his competence. Before the demonstration, on the Kaluzhskaya Square, Police Lieutenant Colonel Makhonin issued a notice on the responsibility for possible violations in the course of the assembly to the organizers.

Only a few weeks after May 6, 2012 it was reported that it was U. Zdorenko, Police Colonel, who was supposedly responsible for security on the Bolotnaya Square on May 6 (allegedly he appears in the criminal case files as the responsible for security directly on Bolotnaya Square).

4.2.2 Resources Involved. Distribution of Security Forces According to various information, official and informal, on May 6, 2012 more than 12,800 officers of the Ministry of Internal Affairs were located in the centre of Moscow, including 8,094 officers in GIBDD area of Bolotnaya Square. They included: police, including OMON – 5,334 persons, GIBDD policemen – 100 persons, interior troops (military unit No. 3641, military unit No. 3500) – 2400 persons, students of the Ministry of Internal Affairs – 200 persons. A considerable number of technical equipment units, including street cleaning machines were involved. They were used as anti-crossing barriers on Bolshoy Kammeny Bridge and Bolshoy Moskvoertskiy Bridge, as well as at the lanes adjacent to Bolshaya Yakimanka Street. Besides the Moscow police forces and OMON, considerable forces from the Moscow region (Sofrino, Balashikha), St. Petersburg, Ivanovo, Mari-El, Chelyabinsk and even Yakutsk were involved.

Preventive operations were carried out with the regional activists in order to minimize the participation of regional activists:

Participant’s evidence (hereinafter referred to as PE) No. 314 “Some facts, such as private talks to the assumed march participants, dissuasion to go, punctured tires, detained cars, give evidence of the forecast confrontation; Lipetsk police forces feared that Lipetsk oppositionists will be noticed and did their best [to prevent this]”.

Many participants from other towns were not able to reach Moscow because of counteraction of the local law-enforcement authorities. For example, many activist from Nizhniy Novgorod were detained at the Nizhniy Novgorod railway station; rather unusual measures were taken to prevent the participants from

regions.

PE No. 310 “I came from Ryazan by the Voronezh-Moscow through-passing train. By some reason on that date the daily Ryazan-Moscow express train, departing at noon (don’t remember the exact time) and arriving at 4 PM was cancelled. No such cancellations come to my mind. Although I haven’t been to Moscow for many times for the recent six years, when I did, I always took the express train because of the constant schedule.”

PE No. 312 “I got from Tula hitchhiking. Our bus was stopped by the police officers, so only me and my friend were able to arrive”.

The measures taken were of not only unusual but rather often of an almost criminal character:

PE No. 315 “it seemed strange to find punctured tires of my two cars (Lipetsk), the my car was detained (by the reason of alleged registration plate change)”. Such misadventures were voiced from the meeting platform by E. Domozhirov from Vologda.

Regardless of the common practice, the meeting organizers also met difficulties, particularly in equipment transportation,

PE No. 17 “refusal to let vehicles with the equipment (sound, stage) to the area of the assembly” and generally in passage to the planned and approved meeting area:

PE No. 491 (I. Bakirov) “Before the meeting, the stage was in accessible from any place, even wearing the “Organizer” badge”. And regardless of the common practice of the organizers’ cooperation with police representatives and city authorities, in practice there were no possibility to contact them or find them on the Square”. The distribution of the security forces along the approved meeting area is a serious matter for consideration of the actions planned by the authorities: if police and OMON cordons on the bridges across the Moskva river and in the very centre

PE No. 450 (E. Krasnova) “As we were taken away [in prison trucks]… we saw the Kremlin surrounded by military forces. There were hundreds of trucks and hundreds of people in uniform” can be explained by the decision not to let the participants to the central squares of the Capital (the Manezhnaya Square, the Revolution Square, the Red Square), the distribution of considerable forces at Zamoskvorechie district, repeatedly reported by the participants, cannot be explained without the assumption of an attempt to block forcefully the participants on all sides, planned beforehand:

PE No. 397 “Step-by-ste,p they blocked the lanes entrances. All these streets were full of PAZ buses and URAL trucks and even street cleaning machines. Police and military troops are moving along Yakimanka Street, they bring metallic barriers and instruct personnel”;

PE No. 277 “I tried to get to Yakimanka Street by lanes, but all passages were blocked. There were OMON buses in every lane, and the passages were blocked with metallic barriers (even within the stated boundaries). The OMON representatives were [fully equipped] and I understood that there was a plan of force action at the demonstration”.

A special attention must be given to the unprecedented number of police officers with dogs:

PE No. 351 “I noticed police officers got out of police buses with dogs approximately in the middle of the way to Maly Kamenny Bridge. I made photos of that”;

PE No. 336 “The Bolotnaya Square public garden was also surrounded with military working dogs”;

PE No. 310 “There was no reason for second barriers placement not far from the stage. The public garden was full of OMON with dogs”;

PE No. 159 “Alongside the fence [of the Bolotnaya Square garden] there were OMON agents in helmets. When we stayed near the fountain for a while to recover breath, we saw the regiments forming. They shouted “Troop! Line up!” They were ready for violence against the demonstrators. Waiting for the signal, talking on the phone and reporting the regiment was ready. There were several regiments there. But the most fearful were women with shepherds along the perimeter. I counted them. They were 15. Nobody saw them except us. Suddenly the signal came and the regiments moved towards the demonstrators. They were followed by the women with shepherds. Our hearts sank. What if they attack people! But fortunately they stopped”. There is no reason for the large number of working dogs in the area of the approved public assembly; moreover, the dogs constitute a real threat to the security of the citizens.

Besides, the service vehicles of the Investigative Committee of the Russian Federation arrived at Bolotnaya Square. This information is stated in the V.P. Lukin‟s, the Human Rights Commissioner, report.

4.2.3 Meeting of the demonstration participants in the area of the Kaluzhskaya Square

3 PM Participants began to pass through 12 metal detection arches (PE No. 304) at about 3 PM. The participants‟ evidence include various opinions on the passing through arrangements.

Nearly 45% consider the passing through was normal.

PE No. 27 “There was ordinary inspection, rather slow, we had been waiting for our turn for about 15-20 minutes. They checked bags, let people through the arches, and then inspected people with hand-held metal detectors.”

31% of participants assure the examination was stricter than usual. That caused accumulation of people near the arches. Some of them had to wait for more than an hour to pass to Yakimanka Street. People were forced to open bags, turn

out pockets, leave water in plastic bottles, even 0.33 ml, some had to leave their umbrellas. Some people also were searched personally by the police officers:

PE No. 209 “I was searched by a female police officer”;

PE No. 189 “The police officers touched my body with her hands”;

PE No. 183 “We had literally all our pockets felt, all bags and parcels turned out”;

PE No. 23 “It was rather tough examination, I was forced to turn my rucksack, inside out, the water was taken away, I was forced to open a pack of sanitary pads”;

PE No. 304 “The examination was carried more thoroughly than usual and caused a crush near the metal detection arches. Those who came chanted “Let us through!” and “Shame on you!” Two people were detained for an attempt to carry a tent to the meeting area. The demonstration along Bolshaya Yakimanka Street began at a later time because of slow work of the police officers who conducted the examination at the assembly entrance”;

PE No. 464 “I was waiting for about an hour to pass through the arches. There were few arches and people were still coming. All people were made to have their bags searched and men and guys were examined thoroughly. Even the smallest bottles were taken away, people were forced to throw open bottles to boxes”;

PE No. 462 “Police officers examined everybody for a long time and rather thoroughly”;

PE No. 465 “the examination was carried out thoroughly”.

23% of the participants reported that the examination was rather weak or even was not carried at all:

PE No. 16 “My acquaintance said that in some places there people passed freely on the left from the metal detection arches and even could pass through without examination. So did my acquaintances – bypassing the arches and the examination”;

PE No. 35 “Despite the large number of arches at the entrance, the pass through was carried out badly. The bags were searched haphazardly, people were asked to open them but police officers examined them unwillingly. So it was possible to sneak anything”;

PE No. 71 “I was among the first persons to pass the arches, right after the journalists. There was a crash, that’s why nobody examined me thoroughly, I think. I had a plastic bottle of steel water in my rucksack, but nobody prohibited me to carry it through”;

PE No. 80 “The examination was surprisingly rapid, in contrast to the previous meetings. We were asked to pass quickly, not to stay for too long and, in my opinion, the examination was not careful enough”.

Some reports of the participants differ from these three groups of opinions about the pass through arrangement. So a group of athletic young people, wearing

black T-shirts and jeans with ski masks on their faces were let in without any examination under the order of a policeman:

PE No. 300 “When I was passing through, a group of young people, first year students probably, came wearing ski masks, black T-shirts and jeans. Their appearance was not familiar to me. I was surprised that the policeman, who made me pass through the arches ordered other policemen not to examine them and let them in”.

There are stories about a small group of young people with plywood figures of people with the inscriptions “paper protester”. They behaved aggressively and provoked others. The participants tried to attract the police‟s attention to this group, but the police intentionally didn‟t pay any attention to them. Then the participants tried to establish order by themselves:

PE No. 111 “We began to shame them, but the guys kept silence and covered themselves with their plywood figures, then people began to throw small change to them, finally people around took their figures and broke them; the guys scattered”;

PE No. 284 “There were several young people to the right of the arches, on the left side of Yakimanka Street. They carried large people figures of plywood (with the following inscriptions: “this is our million”, “this man is needed to make a million”). The participants were outraged and threw small change to the provokers, then broke the plywood figures. The police did not take any measures, though they had to remove provokers to prevent conflicts. A group of teenagers (they had their faces covered with hoods) traversed the column snarling for some reason”;

PE No. 320 “Before the demonstration (as far as I remember it was even in front of the metal detection arches), I noticed a group of people, carrying plywood figures with inscriptions “Plywood activist No.999996” and so on to “Plywood activist No.1000000”. As I saw it, this people intended to provoke certain verbal or physical conflict. As I saw, this people told that most of the participants had been paid to come there. The fight didn’t occur, though somebody took their figures away and crushed them. Besides, I saw nothing unusual or suspicious on the way of the demonstration to the Udarnik cinema hall."

As it was found out from participants‟ evidence, it was possible to enter Yakimanka Street not only from the Kaluzhskaya Square but also from other points:

PE No. 89 “I decided not to stay in a queue on Kaluzhskaya Square and tried to pass faster. As I had to wait for more than an hour, I went along Zhitnaya Street to B. Polyanka Street. There were almost no people in Polyanka street, that is why, when going in the 1st Khvostovoy lane, I saw a group of about 15 young people at the age of 16 to 19. They looked like the so-called aggressive youth, something like semibums/semifans wearing hoods and keffiyeh. I went on and saw that in the public garden where Yakimanka Street crosses Polyanka Stree,t the area is blocked with cordons. Near the cordons a Police Captain was on duty. I wanted to call my friends I was waiting for. In a few minutes there came young people I saw in Khvostovoy lane. They came directly to the Captain, who showed them a direction and explained something. The group was gone and I followed them in a few minutes. It turned out that there was a path to Yakimanka Street behind the public garden and in front of the metallic fence. Yakimanka Street was bordered with the cordons and in front of them there was a street cleaning machine, standing at an angle of 45 degrees. Behind it there was a breach in the cordon with three to five policemen of junior grades. I passed through the cordon and the policemen didn’t pay any attention to me”; 57

PE No. 148 “Firstly I tried to cross Luzhkov Bridge, but there were OMON agents on it and they did not let people to the opposite side. That’s why I went further to Maly Kamenny Bridge and easily crossed to the Udarnik cinema hall. No control measures were implemented there, no arches were installed. Anyone could pass through this place and carry any things they wanted. Before the column arrived at the Bolotnaya Square, there were about 500 people or more. Among them there were about 20 young nashists, who were trying to distribute insulting leaflets, perhaps, with the purpose of disputes and confrontations provocation. But honestly, they were acting rather inertly”;

PE No. 220 “I saw that there was almost no examination at one place. It was at the corner of Maly Kamenny Bridge and Kadashevskaya Embankment. People passed through the metallic barrier opened by the police officer. Afterwards I passed there too.”

4.2.4 The demonstration from the Kaluzhskaya Square to Yakimanka Street 4:20 PM the first columns began to move behind schedule, at about 4:20 PM. The movement along Yakimanka Street was slow and calm (PE Nos. 9, 10, 12). Most participants were in good mood. The weather was fine. People in the columns were joking and laughing. They carried balloons, posters and large banners. People chanted slogans. In the course of the demonstration, the MSU students had time to make a small performance.

PE No. 34 “People were armed with smiles and posters”;

PE No. 51 “People were in an expansive, almost festive, mood. I saw young people with little children, disabled persons. There were many people from other towns. Everybody was happy that we are many, and nobody expected any inadequate actions of the authorities. There was no need for such actions”;

PE No. 69 “People were not aggressive, they were good-natured and in a festive mood, towards the police as well, they even congratulate them no the holidays. The public was worthy, both youth and adults”;

PE No. 71 “There were only kind, lively and cheerful faces at the beginning of demonstration”;

PE No. 103 “There was very good mood at the beginning of the demonstration, all people were joking, laughing at the posters, chanting slogans. The participants were different but absolutely peaceful. They reminded of me of the May demonstrations, which I participated as a schoolgirl”;

PE No. 125 “There was warm atmosphere, fine weather, easy communication among the people, no calls for violence and eve a small performance of MSU students”;

PE No. 130 “In my opinion, the participants behave as usual during similar events, i.e. very peacefully. The atmosphere was free and easy. I saw many cheerful, calm faces. People were glad to the spring, the sun; they communicated,, read poems”.

Many people brought their families, parents and little children, with them. There were wheelchair persons in the columns:

PE No. 18 “It seemed to be quite normal before we reached the Bridge. There was nothing worrying at all, we took children with us, by the way, if we thought there would be a fight we wouldn’t have taken children with us surely. But we supposed everything would be peaceful and people who sought for extreme situations should have gone to Manezhka. The Bolotnaya Square was approved”;

PE No. 32 “I participated in all approved opposition assemblies. That is why I easily took my 15-year- old boys with me. The people at the demonstrations and meetings I had visited before had been calm, kind and unaggressive”;

PE No. 15 “I remember the brass band, the music and the festive mood of the demonstration”;

PE No. 42 “Many people brought children with them, the whole families came there. I remember an old veteran of the Great Patriotic War, who was all of a sweat”;

PE No. 76 “Many people took children with them, they brought baby carriages, the atmosphere was absolutely relaxing”;

PE No. 93 “My wife, two children, my fellow-student and me got out of the Oktyabrskaya underground station station and joined the demonstration towards the Bolotnaya Square”;

PE No. 96 “I saw nothing unusual while moving along Yakimanka Street. The people at the demonstration were peaceful; many of them brought children with them. Many women worn high heels”;

PE No. 156 “I was moving among well-wishing people. I saw people with children, one child sat on his father’s neck, there were children in baby carriages. I saw a woman calling her friend and saying something like “Come here, the weather is fine, let’s take a walk”;

PE No. 162 “In my opinion, the demonstrators were a festive Sunday crowd with children and balloons”.

Almost all following participants‟ evidence (Nos. 175, 177, 183, 196, 226, 235, 241, 251, 258, 283, 290, 295, 307, 308, 318, 327, 332, 327, 371, 388, 394, 398, 407, 412, 417, 428 etc.) confirmed the previous quotations about the mood of the participants. In general everything was as usual as all similar assemblies – no excesses, civilized people not intending to commit any acts of violence or provocations. There was a very pleasant atmosphere which cannot be spoiled by separate groups of inadequate young people wearing sports clothes. They were trying to provoke people around them to begin fighting, yelled abusive phrases towards the participants.

PE No. 298 “They rudely ruffled the participants and yelled provocative slogans. But they paid for this. They intended to begin fighting after some people wanted to calm them down, but due to quantitative superiority of the participants they had to retreat”.

The group of people in fools‟ caps was also ignored by the participants. But the young people in masks who didn‟t communicate to anybody and stood apart excited the suspicion:

PE No. 193 “To the right of the column, I saw a group of 20-30 young people in black, some of them wearing masks and carrying plastic bags in their arms. One of them had a knuckle-duster. The view of the group stood out from the crowd, and I felt anxious. I informed the police officers, who stood along the column, about the suspicious citizens with prohibited items in the crowd. I called their attention but no actions were taken”;

PE No. 258 “A lot of strong young people in black with black bandages on their faces moved close to me. They moved in unity, in an organized way, almost together with the column, but in my opinion they were moving only for a show. They were united by the same target I think. Only before Maly Kamenny Bridge they moved forwards and I didn’t see them in the crowd”;

PE No. 506 “I saw people in masks, moving among the crowd, standing nearby each other and not communicating to anybody”;

PE No. 473 “When entering Kamenny Bridge and moving along it, I saw a group of very young people with their faces covered with bandages, they made some disorder”;

PE No. 514 “I saw a group of organized young people wearing masks and black clothes”.

These groups of young people in masks were noticed also in the third and forth rank just behind the opposition leaders:

PE No. 280 “It seemed strange for me to see some young people in masks in the very beginning of the column, in the third – forth ranks. They moved in the middle of the column, behind the opposition leaders and didn’t look like a group of young anarchists!”.

4:56 PM The people became really worried only after the fully equipped OMON agents appeared at 4:56 beyond the Bolshoy Yakimansky passage. They began to move parallel to the column. They worn armours and carried truncheons:

PE No. 27 “The compact line of OMON continuously moved parallel to the column (at least on its right) when moving along Yakimanka Street. They had armours and truncheons; at the February 2012 demonstration along the same route, no OMON agents were present”.

Another part of the OMON team closed the last column. From the outside it looked like “Throwing a cordon around the object”.

PE No. 130 “The police officers were unusually gloomy, stressed and hostile. There were some people in masks among the participants, they didn’t communicate to anybody and seemed to look out for somebody or something. Several OMON lines closed the demonstration; they were followed by the vehicles (trucks if I am not mistaken). All these facts together with the stress and hostility of the OMON agents made me feel that they were preparing some force actions, despite the fact that the participants were peaceful, the atmosphere was cheerful and free and easy”.

As the columns reached Kamenny Bridge the separate athletic young people in masks were seen with increasing frequency. They still did not to communicate to anybody and stood apart (participants’ evidence Nos. 19, 21, 31, 42, 48, 9, 96, 110, 116, 118, 154, 180, 252).

Right on Maly Kamenny Bridge the movement stopped. The first columns met the lines of conscript soldiers of internal forces, followed by the OMON agents fully equipped with uniform No.4 (a helmet, a flak jacket, knee-pads, shoulder straps, shields and gloves with protective shields). On Bolshoy Kamenny Bridge people saw more lines of OMON and heavy street cleaning machines, followed by buses with OMON agents. People stood paralyzed with such a display of armed force.

The demonstration was stopped by a blocking detachment.

4.2.5 Contact of the column with the interior troops, OMON and police forces at the end of Maly Kamenny Bridge 4:45 PM The first groups of “unorganized” demonstrators reached the cordon. The density of the people was not very high at that moment, and the demonstrators could see the overall picture. However, people met some difficulties passing to Bolotnaya Embankment, because the width of the passage leaved by the police cordon on the right side of the end of Maly Kamenny Bridge, which actually is 40 meters long, was only 10 meters. This caused a traffic jam at the entrance.

Though the first unorganized groups of the demonstrators managed to pass through the bottleneck-wide passage to the stage with a certain delay. On their way, they had to pass through the second line of arches set up in the area of Luzhkov Bridge and to be personally searched for the second time. The number of the arches was considerably less than at the entrance to Yakimanka Street nearby the Oktyabrskaya underground station, which inevitably caused serious obstacles for the pass of the first column.

5:02-5:10 PM The main “organized” column reached the cordon. The width of the passage to the Embankment leaved by the police cordon was not enough for the column with banners to turn free to Bolotnaya Embankment. The passage to the Square and Repin public garden was simply closed.

PE No. 153 “As we came to the Maly Kamenny Bridge hump, our first lines were stricken because the area in front of Bolshoi Kamennyi Bridge was covered with OMON equipment sparkling in the sun, surrounded with several lines of heavy machines! They looked like crusaders at Battle of the Ice or like Germans at the Kursk salient! In a few steps we reached the thin line (only one row!) of recruits in helmets, which extended diagonally from the left end of the Bridge to Bolotny garden. It was impossible to turn the line left without running into [police officers]!”. It should be noted that the narrow passage to the Embankment left by the

police could not even be seen from the second line of the demonstrators (participants’ evidence Nos. 16 and 315)

PE No. 16 “As I pushed myself to the right end of the Bridge, I saw the entrance to the Embankment several meters wide (!!!), which was not blocked by the OMON agents. It was possible to find out an exit in such a crowd only from this very place.”.

5:22 PM The main column of people carrying banners was held back by the police cordon. The action leaders sat in the middle of Maly Kamenny Bridge protesting against the fact that the demonstration is not allowed to the meeting, and with intention to underline the peaceful and non-violent character of the protest (video-evidence of participant No. 531, part 3, 20'30 http://youtu.be/0vWRHahkgoo).

The participants have different opinions about this sit-in: most of them consider it was undoubtedly justified and helped to prevent a crush, some of them believe that the sit-in could only stimulate such a crash.

According to the evidence of the participants, the first lines could see the actual situation and could hear the calls to keep on the right, but at a small distance from police cordon there was no possibility to get any information on the reasons for the column to stop and on the situation at its first lines. (Participants’ evidence Nos. 52, 124, 334, 380).

PE No. 52 “Everyone failed to understand where the sit-in was and cried to the soldiers “Let us pass, let us pass!”;

PE No. 72 “Nobody next to me was informed on the reasons for the stop. The density of people increased. In some time I climbed to my friend’s shoulders to see what was happening. I saw people standing, the cordon at the entrance of the Square … a crowd of journalists (as I found out later in the mass media and photos they stood around those who decided to sit down demanding that the police shall not block the way to the Square for the demonstrators)”;

PE No. 124 “Our column was stopped by the cordon at the end of Maly Kamenny Bridge and those who later began the sit-in, appeared to be far from me. I stood in the crowd and didn’t understand anything, opened Twitter from my phone, saw “Sit down!” from Navalnyi and said it to the people next to me. Honestly speaking, there was no possibility to get the situation from the place I stood, I had to use Twitter to read about everything. We tried to sit down, but there was not enough space: the soldiers in the cordon made a small step forward. The air was very thick, some people felt unwell. We begged the soldiers to make room for a while, so that there we there was not a breath of air, but of course they didn’t react”. The arriving participants ran slap into the end of the column which was on the Bridge, and involuntarily increased the pressure to those who stood in front of them:

PE No. 106 “The growing tension at the area in front of the Udarnik cinema hall promoted the conflict because people from behind continued to arrive and people were not allowed to go further (in both directions). Though people who stood straight before the cordon didn’t take any measures and tried not to contact the cordon and not to weigh on it”.

Several dozens of people joined the sit-in; they sat down in the middle of the Maly Kamenny Bridge roadway. There were several lines of standing participants between them and the cordon, press photographers and news camera persons tried to push themselves through, there was a 1-meter wide passage in front of the formation of the interior troops and police forces. Such a state was kept for a considerable period of time. Several demonstrators in the end of the column who got tired of long standing because of unknown reasons also sat down:

PE No. 30 “The police didn’t let people go to the meeting. It was very crowded there; I was tired to stand for a long time, so I sat down as the people next to me did. Then I tried to leave this place, but there were people everywhere and I was not able to pass. At that time I was detained”;

PE No. 18 “As we arrived, everyone was standing and it was said people were not let to pass further. We stood for a while on the Bridge, then people began to sit down (our children thought it was some kind of a game and sat down too)”. Some of the participants began to move to Kadashevskaya Embankment:

PE No. 181 “I moved at the end of the column. When reaching Kamennyi Most, the column stopped, but we saw that Bolotnaya Square was empty. Though we suspended something prevented people from going into Bolotnaya Square, we (there were two of us) decided to move along the opposite side of the Embankment to the stage, to see and hear the meeting. We were let out of the column and we moved on the Emabnkment, opposite to Bolotnaya Square, to the stage. Luzhkov Bridge was blocked by OMON”;

PE No. 330 “I stopped in the middle of Maly Kamenny Bridge together with other people, stayed for about five minutes, returned and moved along Kadashevskaya Embankment to Luzhkov Bridge, then tried to get to Bolotnaya Emabankment. In fifteen minutes I managed to get through and reached the stage. I went away along Vodootvodny channel across Maly Moskvoretsky Bridge, in Bolshaya Ordynka to the Tretyakovskaya subway station”;

PE No. 349 “Fifteen minutes before the fighting broke out I had left Maly Kamenny Bridge and went to Kadashevskaya Embankment”.

Many participants noted the presence of groups of evident provokers, who were not the demonstrators, at the time of standing and sitting on the bridge. One group, pushing the crowd away got from the Udarnik cinema hall to the entry to Kadashevskaya Embankment (participants’ evidence Nos. 180 and 252), the others on the contrary aggressively tried to push them forward (participants’ evidence Nos. 91, 103, 138, 286, 303, 322, 356, 373).

From the Udarnik cinema hall side, across the police cordon, according to the participants‟ evidence, a group of people in dark jackets was let through. They moved actively along the police cordon and provoked the participants and the police for conflict (participants’ evidence Nos. 164, 194, 260)

PE No. 194 “Then, from the side of Udarnik, straight along the police cordon there appeared some guys in masks hiding their faces. I didn’t count them, but I think they were 20-30. They behaved insolently, defiantly, cursed loudly and pushed everyone. Then, two of them turned and tried to break the cordon by taking me by the arms. After I managed to defend myself with my elbows, they looked at me with astonishment, swore and went away”. 63

5:10-5:20 PM At the same time with the sit-in on the bridge, the performance of the musicians who anticipated the meeting began (particularly, the band Rabfak).

5:30-5:35 E. Domozhirov from Vologda spoke. Then N. Mitiushkina announced that “the organizers of the meeting apologize, but neither the meeting leaders, nor the speakers were not able to come as they all are there (and showed to the Udarnik cinema holl). If anybody can support them – please do!”

5:40 PM M. Feigin took the word and reported the same information about the facts that the main speakers were not prevented from coming to the Bolotnaya, they began the sit-in and asked everybody to join them (http://youtu.be/7wzpXY6AezY). Then the sound was switched off and most of those present moved back. The police forces at the arches at Luzhkov Bridge refused to let the meeting participants to the side of Maly Kamenny Bridge.

5:45-5:50 PM Under the people‟s pressure, the passage towards the Udarnik cinema hall was opened and the flow of the participants directed towards the turn to the embankment (5:52, video filming by V. Aleksandrov-4, 10‟30”). The police rapidly restored the cordon, passing through meeting area at the section of Luzhkov Bridge (to 5:50 PM, PE No. 535, fig. № 1, filming time 17:51 // http://youtu.be/FDt0hk6e-ao).

5:46-5:57 PM Just before the demonstrators began to come back from the stage, prison trucks (PAZ buses and KAMAZ trucks with closed body) arrived at Serafimovich Street from under Bolshoy Kamenny Bridge, additional OMON forces began to move from Bolshoy Kamenny Bridge (at 5:38, video filming by V. Aleksandrov-3, http://youtu.be/ycmZIW5aJb0, http://youtu.be/qhwtsxJWRSM, http://youtu.be/P8vjGiiq-l4), the OMON operation groups of 10-12 persons, who later were involved in detaining people, had been behind the police cordon for a long time (are present at the video at 17:10 of video-evidence of participant No. 531, part 3. http://youtu.be/re25wFWmGkQ). Some of the participants, who came back from the stage, stood before the cordon on Bolotnaya Embankment, others pushed themselves through to Maly Kamenny Bridge. The sit-in participants had to rise to their feet to avoid the crush.

During the sit-in, V. Lukin, the ombudsman, Nikolay Svanidze, the member to the Civic Chamber and journalist, Gennady Gudkov and Dmitry Gudkov, the deputies, repeatedly tried to hold negotiations regarding passage widening to let the column move to Bolotnaya Embankment, but they didn‟t succeed.

G. Gudkov’s evidence (No. 584) “I came back to Biryukov and his companions and said “let’s move the line and just open at least a part of the park to let the people move so the incident 64

would be over ” (see also participants’ evidence Nos. 53, 118, 131, 304, 315 and participants‟ video-evidence No. 531 part 4, 12‟25” – 14‟30” showing their return to the march column at 5:54 – 5:57 PM http://youtu.be/FNYLnYAaRqE).

5:58:30” PM some movement in the column on Maly Kamenny Bridge started (PE No.72 – “it began to move”). This time (Minaev-TV, part 4. http://youtu.be/1SKUyIPgCuE?t=20m) a flow in the crowd towards Maly Kamenny Bridge and Bolotnaya Embankment appeared.

There was some kind of rupture of the police line at the corner of Bolotnaya Embankment. Then the policemen made those “two steps forward”, which, according to the participants‟ evidences, caused the breach.

These OMON two steps forward made the crowd more compact despite the fact that it was constantly compressing by the flow (participants’ evidence Nos. 131, 171, 315, 353; 380; 401) and, perhaps, by the pushes of the provokers (participants’ evidence Nos. 151, 171, 315, 401, 531 – http://youtu.be/Q67Q8RNAJac), followed with the provocative calls (participants’ evidence Nos. 151 and 472):

PE No.171 “In some time those in the line (OMON and interior troops) began to press people back towards Yakimanka Street. But people were constantly arriving. The crash began. People who were standing in front of the cordon had to move backwards. We could press each other. The OMON agents and the interior troops at the command of “One” made a step forward and pushed people in their chests. People had to move backwards”;

PE No.472 “I saw two athletic men calling people to stand up to the police, to show them our strength and courage. After the participants ignored their calls, they came to the cordon, showed their cards and were let in. I am sure they were provokers”. 5:52 PM Some provokers were let out of the police cordon (PE No.238). It should be noted that many participants were able to distinguish the provokers immediately and did their best to neutralize them (PE No. 401). Somebody fired a smoke candle (participants’ evidence Nos. 118, 144, 177).

6:00 PM Beginning of the breach. The breach occurred at the rupture of the cordon, not on the left of the Udarnik cinema hall (video http://youtu.be/MYe2RlbwDqo “Moscow-24” Channel video).

The breach was made by strange criminally-looking people (http://youtu.be/NtfoIobwwjc). They seem to be mentioned at the participants‟ evidence Nos. 48, 53, 117, 418, 369, 480. Almost at the same time, the police line on the left, near the Udarnik cinema hall, and on the right, at the turn to Bolotnaya Embankment, disappeared. Meanwhile, the organizers of the meeting, particularly S. Udaltsov, A. Sakhnin, B. Nemtsov, tried to do their best to prevent the crash and send the flow to Bolotnaya Embankment. The pressure of the crowd threw most of people behind the rest of the police cordon almost immediately. Even people from

remote lines appeared at the breach (participants’ evidence Nos. 13, 316, 322, 395, 532 – 00110, 6:06 http://youtu.be/fbdIqSsPs18).

After the so called breach, the tension of the crowd receded and nobody tried to pass from the Maly Kamenny Bridge side (PE No. 153). People who were pushed into the square didn‟t try to break to Bolshoy Kamenny Bridge:

PE No. 128 “the crush was over, people scattered to some extent and stopped. They didn’t intend to move towards Bolshoy Kamenny Bridge. I continued to film. You can see this on the film”. Most people stopped just behind the line of the broken police cordon (“Moscow-24” Channel video http://youtu.be/a2hlcrAWfnA), some of them joined hands (PE No. 12), others just didn‟t know where to go (PE Nos. 96 and 165), still others moved towards the Bolotnaya Square public garden (PE Nos. 52, 322, 281, 478) or towards Bolotnaya Embankment (PE No. 153), some people moved towards the Udarnik cinema hall (PE Nos. 395, 353), most of the people were pushed back to the crowd (video of the “Moscow-24” Channel http://youtu.be/pkRBT9TU8a4) by the OMON second line (PE Nos. 24, 61, 336, 316, 302).

Almost all of those who remained at the square were for no reason detained by the police and sent to prison trucks (PE Nos. 401, 396, 380, 344, 293, 268, 209). Besides, the police began to pull out separate participants and demonstrators, who didn‟t try to break through the cordon (in such a way B. Akimenkov was detained and now he is on remand under the Bolotnaya Square case).

6:04-6:06 PM In a minute or so (participants‟ video-evidence No. 531, part 4, http://youtu.be/_XOgDL-ZvnE), the police line was broken on the corner of the Bolotnaya Square public garden and the breach let some people who were pushed behind the OMON lines turn back in the crowd (participants‟ video-evidence No. 531, part 4, http://youtu.be/FNYLnYAaRqE). There were B. Nemtsov and A. Navalny among others. At the same time, several OMON lines, covering the detentions, ran from the side of Bolshoy Kamenny Bridge.

Within 4 to 5 minutes after to breach, the narrow passage at the turn from Maly Kamenny Bridge to Bolotnaya Embankment remained widened and most people managed to move to the embankment. This, together with the breach, prevented the mass crash. The cordon was fully restored in about 4 minutes.

18:04 The reinforced lines of OMON started to ram those who remained on Maly Kamenny Bridge, the people were moved towards Kadashevskaya Embankment under the threat of an endangering crash (participants’ evidence Nos. 24, 99 167) and to detain those getting on the way (participants’ evidence Nos. 99, 146):

PE No. 24 “People in front of me began to fall down, so did I, and somebody fell over me. I suffocated with the weight of bodies and stretched my arm. Nobody helped me, except one OMON agent, I wish to thank him. Then I helped others to stand up and left the meeting through Luzhkov Bridge, as my condition was pretty bad. When falling, I injured my hip soft tissues. The haematoma still reminds me of those events”.

The other OMON line was standing perpendicularly to the first one pushing the demonstrators down Bolotnaya Embankment. As a result, the participants were divided into three parts: on Maly Kamenny Bridge, on Bolotnaya Embankment from Maly Kamenny Bridge to Luzhkov Bridge (to the OMON cordon), and from Luzhkov Bridge to the stage.

Summary Many fundamental issues arise following the analysis of all the data and information accessible to the Public Investigation. The evidences given by the police officers in the course of criminal cases and certain extra sources make us doubt the spontaneous nature of the cordon breach.

Thus, at 3.39-3.41 PM, when the demonstrators column was standing on the beam of building No.40 in Bolshaya Yakimanka Street (i.e. the movement had not yet begun), Tonya Samsonova, the Echo of Moscow radio reporter, published a photo of the OMON line at the beginning of Bolshoy Kamenny Bridge at her Twitter account. Konstantin Rykov, a famous pro-Kremlin politician, asked her if she was placed to the breach point (see the tweet screenshot – fig. 2). At the same time, according to the evidence of one of the police officers read out at the trial of the M. Kosenko case, “the command to be ready for detentions was received at 3:45-3:50 PM.” According to the video files, the detention groups were formed and moved towards the cordon not later than 5:10 (participants‟ video-evidence No. 531, part 3, http://youtu.be/91sg7G28JGk). According to the evidence of the police officers read out at the trial, they received a command for riots breakup at about 4:00-5:00 PM, i.e. at least an hour before the breach and the clashes with the police.

If we consider these facts together with the evidences of the provokers among the participants and their actions, it is evident that the breach was a result of a large-scale provocation, preplanned by the law-enforcement authorities with the purpose of creation a reason to forced dispersal and suppression of the approved peaceful assembly. The qualification of subsequent events shall be the subject of consideration of this fundamental issue.

Meanwhile, this issue was not even raised in the course of the investigation. The mass riots were assumed by the investigators and the responsibility for them was imposed on the participants of the gathering.

4.2.6 Confrontations and clashes. Maly Kamenny Bridge, Bolotnaya Embankment, Kadashevskaya Embankment 6:05 PM Three minutes after the OMON line on Bolotnaya Embankment was restored, a bottle of clear glass with flame liquid was thrown out of the crowd (contrary to the information provided by the authority, it was the only bottle thrown). It was thrown not into the OMON line but along a high trajectory, 15-20 meters long behind the cordon. There were only journalists and separate participants involved into the breach there (Minaev-TV part 4, http://youtu.be/1SKUyIPgCuE?t=23m35s).

The most surprising was the fact that bottle chips were not presented as material evidence among the evidences assembled by the investigators. It became clear at the M. Kosenko trial. It must be admitted that the area where the bottle fell was behind the police cordon and couldn‟t be trampled intensively. V. Yastrubinetsky, who suffered from burns, was recognized as a victim (Valentin Yastrubinetsky was that very accidental passer-by who had his trousers burnt in the course of the disturbances).

6:10 PM S. Udaltsov moved towards the stage with an intention to continue the approved meeting. The police line across the Embankment in the area of Luzhkov Bridge was broken, but when S. Udaltsov went up to the stage and said a few words into the megaphone, he was detained by the police. A. Navalny and then B. Nemtsov (at 6:32 PM) were also detained and taken to prison trucks.

Despite the detentions, the participants on Bolotnaya Embankment continued to behave peacefully (perhaps they did not realize the seriousness of the situation and some of them even were dancing in a ring– fig. No. 3, participants‟ video-evidence No. 535 http://youtu.be/s63GQfV1ohA).

6:21 The OMON forces initiated the attacks the demonstrators on Bolotnaya Embankment, but later moved back. At the moment of the first attack, the OMON agents began to show unjustified and unprovoked cruelty towards the demonstrators who showed almost no resistance (video by Politvestnik http://youtu.be/s0F5p_o4CGM):

PE No. 52 “I stood at the bus stop on that square and saw closed OMON lines well (on the back side of the square). They were just waiting for the command. It was pretty quiet there, and there was no clarity about when it was going to begin. A young man was moving in front of the line reading an article of the Constitution: “the citizens of the Russian Federation shall have the right to peaceful assemblies, without weapons, to hold meetings, meetings, demonstrations, marches and picketing.” Then one of the OMON agents hit him on the shin with his moulded sole boot (and later that young man was taken to a prison truck for reading out the Constitution). Then the groups of OMON agents of 5 to 9 persons began to stand out from the lines and form up a "boar's snout". Running up on the area, they cut into the front lines of the demonstrators, grabbed out someone and took him to a prison truck which stood behind the line. Some people were brought there in a calm way, while many others were forced to 68

run with their heads almost pressed to the ground”;

PE No. 97 “I was detained at the end of Kamenny Bridge at about 6:30. The OMON went on the offensive, and the crowd turned back into a stampede. I stayed where I was and the OMON agents ran past me. When I turned around, I saw that one of the OMON agents caught up with some guy, knocked him down to the ground and began to bludgeon him with his knee on the guy’s back. I saw him bludgeoning the guy twice”;

PE No. 120 “The groups of 8-10 OMON agents rapidly cut into the crowd of demonstrators, grabbed out 2-3 people, and moved back. The demonstrators tried to prevent them from doing so by holding their companions. Those who tried to resist were beaten by the OMON agents with bludgeon, arms and sometimes feet. The detained were dragged by their arms and feet, sometimes they were dragged on the ground towards the area behind the cordon where the prison trucks were located”. When the crowd was standing on the corner of Bolotnaya Embankment, several flares and empty plastic bottles were thrown out of the crowd. The faces of some people who threw the flares could be distinguished in the snapshots; however none of them is currently being under investigation.

6:25 PM To protect themselves against OMON attack, the participants of the meeting took sections of the metal barriers which were standing by the side of the trees at the corner of Maly Kamenny Bridge, and created a barrier for OMON forces in their first attack area. After several brief attempts, the barrier was broken by the OMON (6:29). The OMON agents started spontaneous and cruel detentions of demonstrators, pushing them to the Obvodnoy Channel Embankment parapet. Examination of the video materials and participants‟ evidence shows the absence of any aggressive actions against the police by the demonstrators:

PE No. 122 “I would like to make a comment regarding the metal barriers: people were trying to isolate themselves from the OMON forces, to save themselves behind the fences, and the police went to the assault, using gas. I made photos of this”.

The barriers were used by the demonstrators exclusively to protect themselves against the OMON attacks; the participants moved forward only if there was free space in front of them when the police line moved back (participants‟ video-evidence No. 533 http://youtu.be/HfVqD-4bkos)

PE No. 141 “In a few minutes the law-enforcement authorities launched an operation aimed at ousting the people arriving. The demonstrators shouted, “Give us the barriers!” the barriers from the pillar near the bridge entrance were passed to the first lines, they started to push the interior troops”.

The police was storming the established barriers using their bludgeons to hit the hands and the heads of those holding the metallic sections (participants‟ video- evidence No. 533 http://youtu.be/cYJEhgE_1is).

PE No. 28 “I saw the OMON agents bludgeoning people who were holding the barriers with which they were trying to cut themselves off the OMON and the police committing violence actions, after the second barriers. <...> I saw the police officers hitting the demonstrators with their bludgeons and feet”;

PE No. 146 “Again, at some time we tried to create a barrier of metallic structures (about a dozen of them was left by the military students in the park), they were passed forward, I also took part in it, but the effect was 69

only temporary– the OMON attacks increased, people were beaten through the barriers and arrested”.

Then, during about an hour, the events moved under the same scenario: 5- 20-person OMON groups would cut into the crowd of demonstrators, hit them severely, grab out the following detainees and move away. Almost all the witnesses report on a quite inexplicable atrocity of the OMON actions:

PE No. 82 “I remember, when then went out once again, they attacked a little girl in a brown jacket. She did not even realize anything and only covered her head with hands”;

PE No. 93 “I also saw an OMON agent hit an old woman on her head in the beginning of the OMON attack near the turn from Bolshoy Bridge to the Square. She just fainted and sat on the ground”;

PE No. 96 “The OMON’s actions were not just strict, they were savage: they bludgeoned people easily, on their heads. As a rule, the OMON agents would attack one person in fours or fives, knock this person down and them with bludgeons and feet. Many of the demonstrators were covered with blood”;

PE No. 99 “The police used bludgeons all the time. They attacked people, detained those who fell, hit those who tried not to let their companions be taken away, detained roughly, dragged on the pavement, hit people with fists. I saw a young OMON agent lose his bludgeon and hit the demonstrator right in his face. Girls and elderly people also were attacked by the armed police just on the spur of the moment”;

PE No. 114 “I saw them hitting women, men of all ages with different flags, banners or without them. People were falling on the ground and keep lying and they hit them with bludgeons and feet”;

PE No. 120 “I saw the OMON agent bludgeoned an old woman on the head, and then dragged her behind a cordon by her arms and legs. Several people shouted "free the woman" and tried to release her, but after they had received several bludgeon hits they stepped back”;

PE No. 146 “I saw the OMON’s acts of violence against the citizens many times. When they cut into the crowd, they bludgeoned everyone easily and severely. I saw people covered with blood, someone was lying on the ground with his head broken. People were searching for medical aid”;

PE No. 150 “One woman was pressed against the barrier, and an OMON agent was violently bludgeoning her on the head. She was wearing a white jacket and a purple and brown skirt. She was pressed by people and OMON, so that she was not even able to raise her hands or dodge the blows”;

PE No. 184 “… there was a guy in front of us. He was about 25-30 years old, he told the police to stop beating unarmed citizens, and then he was knocked down with first on his face and began falling towards us. My friend and I caught him by the arms and ... dragged into a crowd of unarmed citizens. I do not remember how I found myself in the crowd, I was told that they had managed to pull me into the crowd before I caught the police bludgeon, but I lost my friend there. The next day, a photo of him with a broken head, a T-shirt and jeans jacket covered with blood was published by many mass media”. It should be noted that in most cases strict police actions were in no way motivated:

PE No. 78 “The most outrageous incident that I've seen, was a police officer hitting a man wearing a jacket and holding a case in the face with his fist in a glove with the plates of only by the reason that he persistently but politely asked to be released from the cordon ring!”;

PE No. 90 “I saw exactly for two times the OMON agents hitting old women. Therefore I stayed there”; 70

PE No. 180 “I saw beyond the OMON line ... the OMON agents grabbed an old man by the hand behind his back, but he evidently had no power to resist. This was unjustified violence. I remembered this incident, because it struck me”. It is necessary to pay particular attention to the evidence of the participants which have been already listed (as well as many others) containing stories of hitting with bludgeons on the head, which is forbidden by virtue of Art. 22.2.1 of the Federal Law On the Police Forces: “Article 22. Restrictions and limitations relating to the use of special equipment. 2. Special equipment shall be used with the following limitations: 1) special police baton cannot be used to hit persons in the head, the neck, the sternocleidomastoid area, the stomach, the genitals, or the heart area.” It is obvious, that the OMON agents committed numerous violations of the requirements of this article of the Law.

From the side of the demonstrators (mostly from the corner of Maly Kamenny Bridge and Bolotnaya Embankment), pieces of asphalt flew towards the OMON. Young men in masks began to throw them:

PE No. 198 “Some people in masks threw pieces of asphalt into the police”. However, the police, for unknown reasons, did not pay attention to them, and continued to attack the peaceful demonstrators (fig. No. 4 photographed at 6:53:22 PM, PE Nos. 90, 96, 106, 260, 535 etc.).

The situation with those pieces of asphalt requires special consideration. According to the available information, some parts of the pavement had been taken to pieces the day before:

PE No. 83 “The night before, the Mosvodokanal Company broke the pavement with paving breakers, so that the special youngsters could through the pieces of pavement”. Meanwhile, contrary to the safety requirements, the pieces of pavement were not taken away and were raked in a pile:

PE No. 455 “But now one detail has emerged from the subconscious. When we turned from Maly Kamenny Bridge to the right, to Bolotnaya, I noticed a large pile of stones and broken pavement on the right, next to the narrow passage which was later dubbed a bottleneck... Well, something like road works. The whole pile was enclosed by metallic railings and construction tape. It seemed strange to me: a large pile of stones in the middle of cleanness and splendour, there was not even a single cigarette butt on the pavement... And it seemed there was nothing to repair. There were no communications, the pavement was OK. And now I think ... Why there was a pile of stones in the middle of Bolotnaya, which was the narrowest and the weakest point, though it was forbidden to take plastic bottles of mineral water through the metal detection arches? But to break several square meters of pavement on one of the central squares you will need a permission of an authority higher then some local housing department, won’t you?” Those prepared piles of pavement are mentioned in many evidences:

PE No. 66 “On the turn we noticed some guys, near whom pieces of pavement were lying. Some of them were wearing dark bandages on their faces, and they were handing out stickers against Udaltsov, Navalny,

Nemtsov. Several stickers were pasted on the corner of the bridge”;

PE No. 373 “As for the pavement... When I was walking at the turn to Bolotnaya Embankment, I paid attention to the numerous (dozens!) weighty (several kilograms) pieces of pavement which were lying on the sidewalk and the lawn directly on the 90-degree turn, behind the demonstrators outraged by the OMON actions. This pieces of pavement were lying in a plain view, but nobody into my sight wanted to use this proletariat weapon at that moment (neither later);

PE No. 456 “I came to a group of four Police Colonels who were talking cheerfully to each other. I literally screamed to them that the people, who were ousted to the channel, where the stones were lying on the ground, would like to use them…”.

We can‟t claim that only the provokers threw the stones, because the police severity caused people‟s resistance as well:

PE No. 205 “I saw a guy who ran to the Embankment and began to break off a piece of pavement. When he was asked for what reason he did so, he answered “but ours are being beaten” and ran back into the crowd”.

Meanwhile, the stones were thrown without any precise target and struck the OMON agents and the demonstrators to the equal extent. Many of the participants tried to stop throwing stones:

PE No. 90 “I saw stones flying towards the OMON, but people began to shout not to throw, to avoid striking the ours, so they stopped“;

PE No. 37 “From time to time the demonstrators could not stand the nerves, and began to throw everything that came to hand back to the soldiers. However, those who began to throw pieces of pavement at the police were rapidly stopped by their companions…”

It should be noted, that according to many participants‟ reports, the flares and stones flying to the police were thrown back into the crowd of unarmed and unprotected people (video – http://youtu.be/Ujs_gVZMV0A)

PE No. 35 «I saw the flare flying from the OMON”;

PE No. 97 “I personally saw a stone flying to the police. A police officer (he didn’t have a badge) took the stone and threw it back into the crowd”;

PE No. 44 “Yes, I saw people throwing stones (pavement) into the police. And they threw bottles of water. The police threw bottles of water back into the crowd”;

PE No. 122 “And I have a photo showing a police officer throwing a burning flare, or how it is called, into people dressed in summer clothes“;

PE No. 187 “After the cordon was broken, people began to throw bottles and stones into the OMON agents, which began to detain everybody. And the OMON agents put them up and thrown back into the crowd. This was an evident abuse of authority; there were no people in helmets in the crowd. Several stones struck the people standing next to me”.

It should be noted that the police detained even those who were just trying to stop throwing pieces of pavement, but not those who were actually throwing: 72

PE No. 48 “At that time there was a scream. The police officers bowed and I, as I turned, saw stones, and a bottle of dark yellow glass. I screamed as loudly as possible asking to stop throwing things. But I failed and had to dodge. Suddenly stones and bottles flew densely out of one point, as if at a command. It was like a volley. And it happened just when the police stopped and did not hit the demonstrators. It looked like a provocation to me. For instance, it was impossible to carry a glass bottle through the arches. As I shouted to those who throw to stop immediately I happened to turn back to the police and for some reason was taken by another police group who approached me from behind. They saw that I was trying to stop the throwing, but for some reason I was detained and taken to a prison truck”. The version of the detainee may be confirmed by the independent version of another participant:

PE No. 249 “I saw one of these groups grabbed a man and dragged him to the prison truck after he tried to stop the people who threw pieces of pavement. He stood with his back to the cordon line and shouted to those who threw pieces of pavement, "Stop! What are you doing!" Such police actions, certainly did not contribute to the conflict localization and the reduction of confrontation”. Young people wearing masks and dressed in black played a very active role at this stage of the conflict. The evidence of many participants let us assume there were provokers supporting the police and the OMON:

PE No. 369 “I witnessed (and photographed) a man, who seemed to break through the OMON cordon as a provoker, then stood behind the Ministry of Internal Affairs officers line and talked to them, evidently pleased with his own performance”;

PE No. 301 “The most unusual thing I saw was the same young men who had attracted my attention at the beginning of the movement. I personally saw these young people moving behind the others, leaking a little closer to the point of confrontation between the police and the demonstrators, and throwing smoke candles from behind the backs of the latter. Their actions were identical and coordinated, but they moved without coordinating their actions with each other. I followed some of them with great interest and found out that after throwing they departed to the right behind the police on Bolotnaya Embankment, behind the second turnstiles, and then came back from there and continued to throw something from behind the heads of the demonstrators”;

PE No. 96 “I saw more than a dozen times the guys in black masks ran out of the OMON line, ran up to the front lines of the demonstrators, turned, threw pieces of pavement at the OMON and again ran away behind them”;

PE No. 74 “Suddenly, two young men ran up to the OMON agents, one of them grabbed a helmet and threw it into the river. The OMON agents tried to grab him, but there were a lot of people, elderly people, they helped the guy to get away. The scared OMON agent ran over the barrier, and the guy who grabbed his helmet ran after him, with a smoke candle in his hand. He didn’t throw it, but spoke to the OMON agent. I thought that they were familiar to each other”;

PE No. 456 “When I came down from the public garden, I saw a couple of sturdy fellows with flares looming behind backs of people who tried to defend themselves against the OMON and at every opportunity pushing the people in their backs. In addition, they picked up everything that was lying on the pavement (shoes, banners, bags) and threw this all at the OMON. …Five minutes later I saw them negotiating with each other and came to them. I asked: "Well, boys, tired of your mission?”... My question was heard by one of the men standing close by. He immediately said that he also found those people suspicious. ... I decided to come closer to the public garden, and there again met my observant colleague, who told me that the guys we were watching had just gone through the OMON line having showed some documents”;

PE No. 452 “Then I saw a group of 10-12 young people behind the OMON with rucksacks on their shoulders, later they put the rucksacks on the pavement, took out black masks, put on the masks and threw something into the crowd. And then there was a smoke, and it became difficult to breathe. The smoke was evidently 73

toxic. The OMON parted and let this group of masked people into the crowd”.

We could see an unknown person in a dark hood in the photo (fig. 5 filming time 6:45:06 PM, PE No. 535) among the attacking OMON group, several similar people are marked on the photos among the participants of the meeting and behind the police cordon talking peacefully to police officers (fig. № 6, 7).

Among the evidence of the participants we must distinguish the following:

PE No. 83 “Cops attacked a peaceful demonstration with rubber truncheons and tear gas. They introduced provokers to imitate acts of violence from the side of demonstrators, dragged police operatives to command whom to detain. <...> Police operative Kirill ran out of the fight and shouted: “Five people with me!” A minute later they dragged a muscular man in a black T-shirt”;

PE No. 26 “There was a brief dialogue with an operative in civilian clothes, even wearing a white ribbon. He was unhappy that I recognized him, and said something like, “Here you are walking and smiling and now stones will fly here”. At the time of clashes he behaved in a strange way, like a coach who cares for his team: he was following the collisions attentively, jumping, swearing as if giving advice”;

PE No. 458 “The most important is that, at the time we asked and begged the Police Colonel to release us, three sporty young man in T-shirts ran through the two chains [OMON] (where the mouse would not slip) and ran in the direction of Kamenny Bridge”.

The apparel and the appearance of those people among the demonstrators resembled anarchists or members of the Antifa movement. However, many regular participants of the protests emphasize in their evidence that they had not seen any of them before or after May 6, and that those guys‟ actions did not resemble actions of radical protesters (participants’ evidence Nos. 154,157, 171, 280, 334, 369, 387, 432):

PE No. 154 “At the approach to Maly Kamenny Bridge I noticed a group of young men in dark clothing, with masks on their faces who ran across the entire movement. They did not have any distinguishing badges, stickers or ribbons. Someone shouted that they were Nazis or anti-fascists. But, in my opinion, they were not like them: they behaved like strangers”;

PE No. 157 “There were strange people, unlike the usual activists, but rather like tramps, wearing black clothes and masks. They threw something. Even before the conflict there was an attempt to provoke a conflict by a group of such persons in black and medical masks”;

PE No. 171 “The provokers among the demonstrators were not anarchists or other left radicals recognizable by attributes. They were people without masks, worn ordinary clothes, acting singly and in small groups in different areas. There were no more than 20-30 people. It seems that they were not among those arrested”;

PE No. 280 “It seemed strange to me that in the beginning of the column, in the third or fourth line, I saw several young men in masks. They were in the middle of the column, behind the leaders of the opposition and did not look like a group of young anarchists!”.

6:12 PM Tanya Samsonova, the Echo of Moscow radio station reporter, reporting from the balcony of the Udarnik cinema hall, reported in her Twitter “A policeman is taken – he was thrust with a knife”. This note was for some times repeated by Sergey Minaev, who kept commentary on Minaev-TV Channel (the 74

video was removed from youtube). The origin of this message is unknown, but the Public Investigation possesses the information that this message was passed by police transmitters, perhaps with a purpose of provocation of even greater aggression towards the citizens:

PE No. 112 “At the very beginning of the events, as I stood at the entrance of Maly Kamenny Bridge, people holding hands on the heads and other body parts were passing by me. They said that they were beaten by the police. One of them said that before the police dispersed the demonstrators, he heard the police information on the radio about a police officer wounded by the demonstrators”;

PE No. 408 “At the beginning of the clashes the OMON intercommunication spread information of two OMON agents getting knife wounds. After this false report the OMON began to fight people. OMONmoskou also reported of two victims in its’ Twitter”. During the clashes, pepper or tear gas was repeatedly sprayed. It is impossible to establish who exactly sprayed the gas, especially since, under mysterious circumstances, no gas cans were found on the square by the investigators.

The participants‟ evidence regarding this circumstance is rather contradictory, though most of them indicate that the gas was used by the OMON agents. In addition to the above PE No. 83, there are a lot of statements of the same kind:

PE No. 35 “Then there came gas from the OMON’s side of the top of the slope, between us and the Square. I breathed in the gas and had to put on a spare T-shirt as a mask, so only my eyes were visible”;

PE No. 96 “The police repeatedly used the gas. As a smoker, I was not affected very much, so I did not run away and saw clearly the cans that the police aimed at the people’s faces. I did not see any gas cans in the hands of the demonstrators”;

PE No. 108 “Somebody ran into me from the side and we all fell down the ground. There was a hand with a can right in front of me, and somebody sprayed gas to my eyes. The last thing I saw was a guy with his face down in front of me; there was a pool of blood out of his head. After spraying the gas, the OMON agents probably stepped back and I still crawled on the ground for a few seconds, because I saw nothing. Some guys helped me get to the embankment and washed my eyes. I was able to open my eyes in about half an hour, then I went home”;

PE No. 195 “In the course of the clashes I noticed a small black item flying out of the cordon in the direction of the demonstrators, after that the people felt the impact of smother gas”;

PE No. 284 “They sprayed a large amount of gas, people began to cough and suffocate. I felt the smell of pepper. The OMON began to push the crowd hard, and we escaped to Bolotnaya. The gas was then sprayed every time before the OMON line began to moving towards the crowd”;

PE No. 65 “Before I felt pain in my eyes, I think I saw an “udar” gas gun in the hand of an OMON agent, however, I'm not sure enough to say it under oath, it could be something else. But for sure I saw the “udar” split bullets on the pavement”;

PE No. 102 “In forty minutes or so, the OMON commanders began to bustle [the participant was behind the OMON - Editor], they carried several transmitters to the side of public garden, they were more powerful than the others. I clearly heard the exact words of one of them: “Everyone get ready! Move forward, the gas has

been already sprayed!”. Some versions are “unaddressed”, but all of them admit the fact of the use of gas:

PE No. 44 “Somebody on the square sprayed pepper gas. I found a can on the pavement later”;

PE No. 48 “Then there was a strange choking smell, perhaps it was tear gas, as I had a tickling in my throat, gasped and my eyes watered”;

PE No. 171 “In one of such attacks tear gas was used, I did not notice anyone to spray it”;

PE No. 385 “They use gas!” this message passed through the crowd repeatedly. There really was a smell of some gas. But I didn’t see who sprayed it and what kind of gas was used”.

Only one of the participants affirmed that he saw a gas can in the hands of demonstrators, noting, however, that this applied to those “sporty” young people:

PE No. 440 “I have seen young people of 18-25 years old, dressed in jogging trousers, jeans, T-shirts and light jackets. They threw stones and plastic bottles at the OMON. Somebody used a pepper spray. It is difficult to say whether they were organized or not. There were few such people among all the demonstrators”.

The impact of the gas was aggravated by the impossibility to leave the area of the meeting.

The toughest clashes occurred when the police pressed the citizens to the quay parapet at the bottom of Maly Kamenny Bridge as people there had nowhere to step back:

PE No. 150 “We heard the order “Tough dispersion!” on the radio and the OMON agents began to chase us”;

PE No. 170 “When the OMON agents were catching us up, they attacked us with bludgeons on the backs. A demonstrator ran up to the fence, there was water behind him, he had nowhere to run. There they bludgeoned him for several times and he fell. Then he received several hit with bludgeons”. The inadequacy of the OMON use of force was almost provocative:

PE No. 171 “Several actions of people in the OMON uniform were of deliberately provocative character. One person in uniform called young people from among the demonstrators for a fight, by waving a bludgeon and inviting to fight (as it used in street hooligan fights). In the other case a young boy was taken out of the crowd and dragged for several meters along the pavement, they also were kicking him, as they stopped, the guy showed no signs of movement. The uniformed man looked around people who were at a distance of about 10 meters of him and did not try to interfere, and then hit the lying guy in the groin, and looked at the people again, but nobody interfered, and then they dragged the guy. I was standing directly in front of this person and now I can easily identify him. I strongly affirm that his actions were deliberately provocative and aimed at the escalation of violent conflict”. The reliability of this testimony is confirmed by a video (http://youtu.be/mXwLUG-FuMU).

The cruelty of the police actions caused a natural reaction of resistance from the citizens:

PE No. 153 “It was a planned and carefully managed action aimed at human reactions. If there innocent, old men and women were severely beaten in front of you, where would you go?! To the scene of the meeting?!”;

PE No. 171 “After that, I saw the young guys who did not participate in force actions before, began to fighting with OMON agents following the attacks, despite the gir’ls persuasion, explaining to her, “As a man I cannot stand aside”.

However, in general, the power resistance was expressed by the attempts to prevent anyone to take people away from the crowd, to keep the demonstrators from being pulled out of the lines, to liberate detainees, as well as to protect those beaten from further attacks:

PE No. 20 “Initially, the demonstrators were behaving unaggressively, I would just say timidly, yet there were the representatives of the law-enforcement authorities. But there was a feeling as if something is inflated police since they acted inadequately – easily bludgeoned people, though people did not show violence and did not behave aggressively. It was after this the fight had already started. Someone tried to pull their friends out of the hands of OMON; someone was beaten by OMON agents with flagstaff. However, in my opinion, the crowd suffered of police lawlessness for a long time, at about thirty minutes”;

PE No. 59 “The OMON agents (2 of them) roughly tried to pull a young women in light raincoat out of the line formed by them (people were pressed against the railing of the bridge). At the same time they bludgeoned a young man (probably accompanying a woman) and the other people who tried to prevent this act of violence with their bare hands”;

PE No. 96 “Yes, I saw the demonstrators tried to repulse with their bare hands when the OMON agents throw demonstrators down the ground or dragged towards the cordon. Several OMON helmets were torn away and thrown to the Obvodnoy Channel. I did not see any demonstrators using the bludgeons taken away; they all were also thrown into the water. The OMON agents were not spared, but people beaten them with bare hands, sometimes feet”;

PE No. 106 “I also saw the demonstrators in clashes tore away the OMON helmets (and threw them to the river); a OMON group of two to thee persons were knocked down and got several kick with feet from the demonstrators. However, all the soldiers of the group stood up and walked away under their own power”;

PE No. 336 “Thus, people who came to the coordinated meeting were trapped. It was not about “violence against the OMON” but of the forcible detention of innocent people. People protested. Empty plastic bottles flew to the OMON, and then someone threw a smoke candle. In response, OMON agents began to bludgeon people, marching, ousting the crowd back. Some people were beaten severely during the detention. Then pieces of pavement flew to the OMON. However, there were few of those who threw them. I even rebuked one of them for this. While, on the other hand, I understood them: they protected themselves, as OMON agents were hitting people, they couldn’t bear that anymore. Women and elderly people were also among the detainees. Some of the participants tried to “save” these people; they grabbed the OMON agents and detainees for sleeves. Some people managed to pull them out of the OMON hands”;

PE No. 190 “OMON agents ran past me, and I found myself on an almost empty square in the middle of which a young man or woman lay writhed with their head in their hands, so I could not look into at the moment. An OMON agent threatened him (her) with a bludgeon. I shouted to him, "Do not hit! It is lawless!" and ran towards him, hoping to protect the lying one from the hit on the head. But I was grabbed by a few other OMON agents, and dragged”.

It should be emphasized that the vast majority of the demonstrators did not undertake any tough actions against OMON agents, even when they found themselves unarmed and alone:

PE No. 290 “I saw an OMON agent without a helmet, he was pushed away from his comrades and looked around in horror, as if waiting for reprisal. People around were just laughing at him, asking why he was not so brave then. He ran to catch up with his colleagues, nobody prevented him”.

6:20 – 7:00 PM For all this time, a considerable part of the meeting participants (elderly people, people with children, women, disabled persons, in the first place) were trying to leave Bolotnaya Embankment, in fear for their lives and health.

However, the police undertook nothing to let the participants of the meeting from the territory, though one of the main objectives of the police is to ensure the safety of citizens (in any case, Art. 1 of the Federal Law On the Police Forces proclaims: “The purpose of the police. 1. The function of the police is to protect the life, health, rights and freedoms of the citizens of the Russian Federation, foreign citizens and persons without citizenship... 2. Police shall come immediately to the assistance of anyone who needs to be protected...”), there was no concerted effort to let the participants of the meeting leave the territory. On the contrary, in many cases, the police prevented people from getting out and would let them out only under the pressure.

Meanwhile, the situations of preventing citizens from leaving Bolotnaya Embankment arose repeatedly at the different areas. Thus, the preventing took place also near the stage, i.e. in Bolotnaya Street (participants’ evidence Nos. 20, 122, 216, 271), and in fact on Bolotnaya Square:

PE No. 77 “Next to us there was a family with a young child of seven years. The child was crying with fear, and the mother did so in terror. We wanted to go away through Luzhkov Bridge, but a line of OMON agents appeared suddenly from nowhere and blocked the way out to the bridge and arches. They began to drive people towards the Udarnik cinema hall and we realized that we were just trapped. <...> I came up to the fence of the Bolotnaya Square public garden and asked the policemen standing outside the fence if they could let us get out, or at least let people with children go - and got the negative answer”;

PE No. 173 “I would like to admit that there were many people (mostly women) on the square who wanted to leave the meeting - to go through Bolotnaya Street to Small Moskvoretsky Bridge. However, for two hours, the police was preventing them. That is, people could not get out through Stone Bridge as there were clashes, and all other routes were cut off. Actually, people were forcibly detained at the meeting. I watched the old woman begged to release her, but the OMON agent remained adamant”;

PE No. 275 “But we weren’t let out of the arches. People were outraged and demand to let them out. There were people with little children who wanted to leave the square across the bridge and asked if they could go away. But even they were not allowed to go”;

PE No. 458 “We also saw that picture and asked the Colonel to get us out to somewhere. He stood there and said nothing. Old women were asking him crying ... We begged him to let us out to the public garden, but he didn’t allow”.

These facts are confirmed by a large number of other participants (see 8.3 Annex to the Chapter 4. Participants‟ Evidence, Figures, Links to videos).

Such police actions directly violate the provisions of part 5, Art. 16 of the Law On the Police Forces: “In carrying out the actions specified in Parts 2 - 4 of this article (i.e. “Surrounding (blocking) of terrains, residential spaces, and other objects”), the police shall take measures to ensure the normal activity of the people, to explain the most suitable routes of movement to citizens under the circumstances”.

Even when the passages were opened, people had no opportunity to get any instructions and explanations regarding the possibility of leaving the meeting from the police and the OMON representatives. These facts are supported by a variety of evidence:

PE No. 103 “People just stood there. I myself asked the OMON agents, where should we go, but they did not answer and just kept standing”;

PE No. 175 “There was no guidance or instructions from the law-enforcement authorities for several hours. Some police officers did not answer the questions, and some of them gave confusing answers, which showed they also did not understand the situation”.

In many cases, the actions of police cannot be only be qualified as provocative:

PE No. 171 “We could not get out of the conflict area because everything was blocked with the OMON lines. As we were in the area closest to Luzhkov Bridge, there was an active fighting involving the both sides in the neighbouring area between the OMON lines situated closer to Maly Kamenny Bridge. Several people wearing the OMON uniform began to pull people one by one out of our group twisting their arms behind their backs and taking away. On my question to one of these people, why they did so, and did not let us go, as we were not involved in the fighting, he didn’t say a word and got the electric strike and began to click it in front of my face with a grin. There were people of all ages in our group, including a small old woman. When we were released, some young people turned to that person in uniform with a question if he was not ashamed to keep an old woman as well as the yond and healthy people and suggested him to take a gun. He answered grinning that next time he would do so. Only in rare cases and after persistent demands would the representatives of the police take into account the state of the demonstrators and allowed them to leave the territory because of unwellness:

PE No. 159 “A man saw that we felt bad and helped us get over the high fence. An OMON agent allowed us to come to the fountain. Here came another man and a woman who had come from Chernobyl to express their protest. The woman was sick because of gas”. Attention must be paid to the evidence of the participants regarding non- assistance by the police and lack of preparation for the event from the side of the authorities, which is unacceptable. The emergency service was not warned of the mass march and was not prepared for it:

PE No. 188 “The second smoke candle flew almost to us. Most likely, it was gas. I had a serious heart

attack. Friends tried to take me out the battlefield. Actually, we broke through the OMON forces, who were standing on the embankment on the way the Tretyakov Gallery. The ambulance arrived to the Tretyakov Gallery, and took me to the resuscitation department. It is important! The ambulance had not been warned of the march and no additional brigades were involved. The doctors who contacted the dispatcher told me that. I heard all he had been told. The hospitals had not been warned of the march and its possible consequences, too”;

PE No. 408 “Well, besides the beatings, I think, there was another outrageous case: the Ministry of Internal Affairs’ officers refused to call the ambulance for a wounded woman whom we had taken to the OMON cordon, though the ambulance cars were within the sight. They call them only under the pressure”;

PE No. 165 “When the fire on me was extinguished, I went to look for an ambulance. That time OMON agents were thrashing people on the embankment, that is why I was able to leave the scene freely”. Numerous participants‟ evidences confirm that the incomprehensible actions of the law-enforcement authorities repeatedly raised the situation close to panic, which could cause the unpredictable consequences:

PE No. 183 “…To say that I was shocked is to say nothing at all. The worst thing was that I did not understand what was going on there. I did not know how to behave and what to do at all. I've only ever felt the danger to my life”;

PE No. 187 “We tried to do so [To get out on Bolotnaya Embankment - Editor], as the panic on the bridge had become quite evident. Everybody saw the amount of the OMON forces and the trucks looking like military equipment which were located in front of us. People around were saying, “They will kill us”, “The meeting is sanctioned, why are they aiming guns at us” and were looking for a way out”;

PE No. 77 “Meanwhile there were more and more people on the embankment, we understood the OMON on the left of the Udarnik cinema hall were pushing people at our direction. It was very scary, and we realized that we there was going to be a crush”;

PE No. 103 “…it was really scary, not only because of the crush, but also due to the fact that we did not realize where to go, there were no ways out of the square at all”;

PE No. 145 “That time, the people were beaten with sticks from behind the OMON backs and driven even more aggressively to the channel parapet. There was a probability that people will start to fall into a river or press each other. I started crying to OMON agents that tragedy was going to happen then and it would be a shame for the whole world”;

PE No. 297 “There was no passage to the square, in any case, it was completely unavailable for us, as the column of the width of entire Yakimanka Street just set itself the line and then had nowhere to go. People pressed from behind as they had not yet realized what was happening, it became crowded, stuffy, and at some point scary when the word “Khodynka” came along the lines”. A truly expressive frame has been provided as a photographic evidence of the panic (fig. № 8, PE No. 536).

The participants in their evidences repeatedly emphasize that such actions could result in many victims among the civilians:

PE No. 92 “As the demonstrators did not rise to provocation, everything went off almost all right, people managed to avoid mass clashes and perhaps victims, but the pretext for sanctions against the displeased was created”;

PE No. 77 “It was a provocation of the authorities. It is a miracle that no one died at the crush, caused by the police”;

PE No. 307 “Perhaps the authorities needed to March 5, 1953, when lots of people died on Trubnaya Square”.

Maly Kamenny Bridge Along with the OMON raids against the demonstrators, several police lines were pushing the demonstrators away from Maly Kamenny Bridge. The pushing was performed exceptionally by force, was accompanied by accidental detentions and created a threatening crush of civilians. Numerous participants‟ evidence emphasize it:

PE No. 78 “The police command “Press, press” seemed strange to me”;

PE No. 82 “When the OMON forces were pushing us out of Maly Kamenny Bridge (at a rather high speed) they knocked down many people. We fell under their feet (Thanks God! They hit upon stopping). A skinny young man gave me a hand and helped me to stand up (I am 52 years old). I turned round to thank him, and in my eyes they (two or three of them) grabbed him, twisted his hands back and dragged him behind the line. <...> Then he turned out to have his rib broken…”;

PE No. 117 “When pushing those who did not go away, regardless of gender and age, the OMON forces, marching in close order, used kicks, hits on the legs, back heels and bludgeons from the second (supporting) line. When they were marching in open order (with their hands free), they were bludgeoning separately those whom they did not like”;

PE No. 144 “Yes, during one of the OMON attacks everybody poured back. A girl fell dawn behind me. I was afraid that she would be trampled began to help her to stand up. So I found myself “on the front line” and was caught. Most likely due to a grey beard and glasses, they took me as E. Limonov (I heard a policemen from the back said, “It's not him”). I was held with a bludgeon by my throat, plus I was hit with another bludgeon on the chest. X-ray picture showed no ribs fracture, but they were hurting then for a long time”.

Bolotnaya Embankment 7.00-7.05 PM The OMON aids against the participants on Bolotnaya Embankment, accompanied with acts of violence against the citizens and random detentions, continued until 7:00-7:05 PM, when demonstrators formed a chain by joining hands across Bolotnaya Embankment:

PE No. 153 “The self-organization of people and activists saved us from this hell: people joined tightly, cut themselves off with posters and created a human wall from the public garden to the river, facing the Udarnik cinema hall and hits of the brutalized OMON agents. However, to this time the scene had been already smashed up and the crusaders took in the reverse, dispersing and pushing this last citadel of common sense”.

Behind them, on the embankment, the demonstrators set three tents (http://youtu.be/R9oJ4hIyeFU?t=26m18s). For a rather long time, OMON agents tried to use the old practice of pulling individual demonstrators out of the chain. Then they undertook a series of unsuccessful attempts to push the whole crowd. They helped themselves with bludgeons actively but unsuccessfully, acting from behind the first line of soldiers who were marching in a close order. After several attacks the chain of demonstrators was pushed to the side of Luzhkov Bridge, and 81

the entire mass of the demonstrators, remaining on Bolotnaya Embankment was divided into two parts: one - in the area of Luzhkov Bridge near the toilet facilities, the other - at the exit from Maly Kamenny Bridge. The second line of OMON agents moved from the side of Luzhkov Bridge. In an attempt to block the movement of that line, three cabins of portable toilets were overturned and pulled out into the street by the demonstrators. However, this insecure line was quickly overcome by OMON and the demonstrators were trapped between the OMON lines and the embankment parapet:

PE No. 146 “After the clashes and attempts to build a barricade of toilets (I was there, and barely had time to jump out of one of them) there was some lull, as we were surrounded all around”;

PE No. 179 “…Closer to the end of the events the OMON agents began to attack the demonstrators on every side, eliminating the opportunity for us to step back, the men began to build barricades of toilet cabins, there was suggestions to break our the doors and use them instead of shields”.

The police actions for blocking the demonstrators were accompanied with cruel detentions:

PE No. 33 “They dragged people who did not resist and were standing peacefully along the pavement in the very place where the entire pavement was covered with faeces of the turned over composting toilets. Women were dragged by the hair. The people were pulled out of the crowd without any reason or aggression from them”;

PE No. 93 “All OMON attacks near the stage and toilets were accompanied by beatings of the demonstrators with rubber sticks, often on their heads. Some of the demonstrators fell down after such hits and were dragged into the prison trucks. I saw none retaliatory measures from the demonstrators’ side they only tried to protect their heads”.

7:30 PM The OMON forces began to push this group of the demonstrators towards Small Moskvoretsky Bridge and further to Novokuznetskaya and Tretyakovskaya underground stations:

PE No. 154 “I stayed on the embankment near the parapet until the OMON lines began to push us from the square. They ousted us in a very rude way: pushed, grabbed our clothes, pushed with their feet, spoke roughly”;

PE No. 177 “After I was waiting for 40 minutes, the barriers were removed, the troops ran towards the Balchug hotel and the exit from the Bolotnaya Square was opened. The exit was in the direction of the Balchug hotel. All people from Bolotnaya Square were leaving it this way. There were street cleaning machines blocking the way to Kremlin Bridge and Vasilievsky Slope on the left, in the direction of Vasilevsky Island and sideways of the Balchug hotel. They stood on Bolshoy Moskvoretsky Bridge, too. You could only go to the right towards Tretyakovskaya underground station;

PE No. 219 “Then, when almost everybody was taken, we were directed towards Novokuznetskaya underground station. People were moving reluctantly, shouted “Shame!” and other things to the police, but still walking without clashes. When we went to Maly Moskvoretsky Bridge <...>, we saw it was also surrounded with armoured cars and police. People were standing and chanting, but we all were driven to Novokuznetskaya underground station”;

PE No. 245 “We were systematically pushed to Bolshaya Ordynka Street. We moved almost in front of those who pushed us. Sometimes, the displacement was suspended and then we could stand for a while. The most

interesting is that from time to time a snatch squad ran from behind the OMON line and grabbed those demonstrators who stood closer to them. They acted irregularly, perhaps, just for reporting”.

Kadashevskaya Embankment At the same time, OMON agents began to separate actively the rest of demonstrators into small groups near the turn from Maly Kamenny Bridge to Bolotnaya Embankment and push them into Maly Kamenny Bridge. After pushing the demonstrators from the meeting area, they did not stop to prosecute and detain them in Zamoskvorechie district. Behind Maly Kamenny Bridge, a part of the demonstrators were pulled into Polyanka, the others were pulled to Kadashevskaya Embankment by the OMON line. The police and the OMON agents were actively cleaning up Kadashevskaya Embankment from Maly KamennyMaly Kamenny Bridge in the direction of Lavrushinsky Lane:

PE No. 29 “I saw the military working dogs ousting the demonstrators out of Kadashevskaya Embankment, there were clashes too, people were outraged, tried not to leave as long as possible. They were showing a kind of persistence in their struggle, in a peaceful, non-violent resistance to the regime. The regime dogs persecuted people, and bludgeoned them. A guy had his head broken. I saw he was bandaged and somebody called the ambulance”;

PE No. 82 “The OMON agents lined up in a chain at the corner of Kadashevskaya Embankment, near the red street cleansing machine. People also stood right next to them. I was still standing on the pavement on the bridge (side view). And suddenly, without warning, they raised their bludgeons and began to beat everybody! And people had nowhere to escape! There was a particularly quick OMON agent looking as a representative of the oriental nations (I remember his profile). Bastard! As they drove us along Kadashevskaya Embankment to the Tretyakov Gallery (they moved in a tight line and sometimes stopped), a groups of 5 – 7 of them would from time to time jump out of the line and attack somebody (usually those who could not dodge), and drag the to a prison truck behind us. We also moved away, not all together, but in groups (if they came - we moved away, if they stopped - we stopped too). The prison truck was full and they brought the other one... I remember them went out once again and together attacked a little girl in a brown jacket. She did not even realize anything and only covered her head with hands. We shouted not to touch her! But they dragged her to the prison truck. Gits!”;

PE No. 206 “After the OMON agents pulled people out off Maly Kamenny Bridge, I was for a long time standing at the barrier at Yakimanskaya Embankment (for all this time people were freely getting into and out!) <...> The OMON agents leaved Maly Kamenny Bridge and went to Bolshaya Polyanka and began to press people along Kadashevskaya Embankment. Somebody was pushing OMON agents, and some was making noise by striking the metal fence at the construction on Kadashevskaya Embankment. Nobody attacked the police <...> Another OMON group pushed people from Luzhkov Bridge, and there, in front of Lavrushinsky Lane, they were connected. Then they began to push us slowly along Lavrushinsky Lane”.

The pursuit and detentions continued in the lanes and courtyards:

PE No. 242 “A little later, when the people on the Embankment were separated with OMON lines and pushed towards Bolshaya Ordynka Street (the demonstrators did not resist and moved in that direction), closely to me a snatch squad appeared from behind the OMON line. One of the Ministry of Internal Affairs officers used a “throw legs” hold, when an attacker strikes at the feet of a man as a fish, grabs his feet, and knocks people down with his shoulder, so that he falls flat on his back and hits his head. So this hold was used against a woman. Unexpectedly, she fell and hit her head hardly”;

PE No. 290 “At about 8:20 PM on May 6, I witnessed an OMON agent was beating a young pregnant woman... Her boyfriend made a remark to the policemen, who were roughly twisting an elderly woman. The events took place in Lavrushinsky Lane, not on the square <...> About six OMON agents attacked the guy and began to beat him cruelly. Of course, his girlfriend tried to protect him. She was thrown to the ground and an OMON agent, three times larger than her, hit her on the back with a bludgeon. She shouted: “I’m pregnant!” It did 83

not help. We hardly managed to release her. The OMON agents ignored our requests to call an ambulance. We did it ourselves. Several women saw this and were ready to testify. We were shocked by the fact of the stupid obstinacy with which the OMON agents ignored the request to call an ambulance. Only a third group of them responded to a request to clear the way for the ambulance. The ambulance dispatching service was for a long time trying to clarify if the injured pregnant women was the participant of the events on Bolotnaya. The ambulance took Elena to hospital with a threat of miscarriage. I called to the Echo of Moscow radio station to report on this fact. I also accompanied Elena to the 13th City Hospital. The pregnant girl in some time feared to testify on this case because of possible problems at work. By the way, the woman [whom the young man tried to protect - Editor] did not take part in the demonstration. She was just walking along the embankment. The guy was taken to Butyrskaya Internal Affairs Department. From there, he was taken to the Botkin Hospital with a craniocerebral injury”;

PE No. 309 “Several OMON agents suddenly ran after a guy of 18 years on Kadashevskaya Embankment. They caught up with him, knocked him down the ground and began beating him with rubber sticks. A few people tried to prevent them from beating. The guy still managed to run away, but then he sat down and took his head in his hands. A man came up to him, perhaps, it was his father. He asked him to get up and leave, but the guy continued to sit and moan. His head was bleeding”;

PE No. 171 “There is a church on the right from Tretyakovskaya underground station. People were trying to hide behind the pillars of the temple to escape the OMON, but they were grabbed and dragged into buses. We reached Tretyakovskaya underground station and I went home. It was at about past nine o’clock in the evening”.

The last detentions of the demonstrators took place near the Yakimanka Internal Affairs Department. A lot of people came there to help the detainees:

PE No. 34 “I was detained near the Yakimanka Internal Affairs Department. I was sitting on a stone. The OMON agents came to me grabbed my arms and legs and dragged to the prison truck”.

Summary Thus, all the participants‟ evidence together with the video and photos clearly show that at the very beginning of the clashes, the police, in spite of its direct basic purposes, did not take any steps to ensure the safety of the citizens. Quite on the contrary, the actions of the police officers endangered the life and health of the participants of the approved peaceful demonstration.

A totally inadequate and excessive use of force and special equipment was of a repressive nature and was not caused by the actual situation.

The severity of the police and the OMON agents led to numerous injuries of the demonstrators. The severity, randomness and absence of reasons for most detentions, followed by direct violations of the law by the police, as long as beating of evidently helpless and unarmed citizens (elderly people and women), and blocking exits from the meeting, creating a crush, with many victims, and provocative behaviour of the OMON agents – this all taken together preconditioned the conflict escalation, rather than for its resolution and termination. Only the exceptional restraint and responsibility of the majority of the demonstrators who not allowed themselves to be drawn into a violent confrontation with the police forces allowed to prevent separate clashes from escalating into the unpredictable slaughter.

Moreover, the participants‟ evidence and other materials, which discovered 84

by the Public Investigation give strong reasons to believe that the clashes were provoked deliberately by the provokers introduced into the crowd of peaceful demonstrators, who were controlled and guided by the operatives in civilian clothes, perhaps from the security forces.

This situation let us raise the question of the direct responsibility of the authorities in power for the nature of the events.

4.2.7 Refusal in Medical Aid A large number of injured detainees were refused to be taken care of after the detention. There is much evidence to that:

PE No. 196 “The prison truck was divided into two parts with an impenetrable metallic partition. There were 12 detainees in my part. One of them, a young man felt ill and sick. It can be assumed that he had a brain concussion, but he did not remember if he had been beaten on his head or not. I know, what the name of that man was, but I can’t say his name in the court without his consent. The police did not react to our requirements to provide him with medical care. We spent about three hours and a half in the prison truck. Firstly the truck was standing near Bolotnaya Square, and then for some time it was moving around the city. Then another hour and a half it was standing near the Dorogomilovo Internal Affairs Department. At that time, a guy with a suspected concussion of the brain was taken by the ambulance, called by the Internal Affairs Department officers on our demand”;

PE No. 364 “There was a man with concussion of the brain in the prison truck. We demanded to call the ambulance, but were roughly refused. We spent for about two hours in a prison truck; for all that time the man was having nausea”.

Meanwhile, according to clause 4, Art. 19. of the Law On the Police Forces, “police officials must provide first aid to the people who were subject to the use of physical force, special equipment or firearms, and take all the necessary measures to provide it as quickly as possible”. Refusal to assist people with evident signs of a serious injury is a direct violation of the law.

According to the Centre for Emergency Medicine information, on May 6, 53 people were delivered to the hospitals in Moscow (only 3 of them were police officers), including 11 persons with craniocerebral injuries, 18 persons - with a brain concussions, 16 persons with bruised wounds of the head, 1 person with an elbow joint fracture. As can be seen from the evidence and medical records, many people were brought to the hospitals from Internal Affairs Departments or courts only the next day, i.e. the number of victims was much greater. No legal proceedings regarding beating have been initiated by the Prosecutor's Office.

4.2.8 Detentions More than 600 people were detained on May 6, 2012. First detentions began immediately after the so-called breakthrough where the demonstrators took part unwillingly but under the pressure of the masses that forced them out. The detentions were made roughly; people were laid their face down. Those who tried to say something were smashed on the ground and then dragged on the pavement and pushed into a prison truck (participants’ evidence 85

Nos. 13, 53, 396). PE No. 396 “I was detained in the square around the Udarnik cinema hall at about 5:45 PM. I stood apart from a group of people, I didn’t shout, I didn’t carry any posters. Two uniformed men ran up to me from behind and one of them shouted: “Grab him”. They seized me by the arms, put armlocks on me and dragged me to the prison truck. They didn’t introduce themselves, didn’t show their identity cards and didn’t explain the reason for my arrest. I didn’t see official badges on their form. I was dragged to a prison truck (Kamaz) and handed over to an employee of the 2nd OPP (Community Police Office). The employees of the 2nd OPP pushed me into the prison truck. There were already about 20 detainees. Then 4 more people were pushed in the prison truck. Then we were taken to the North Izmailovo police station. Igor Borisovich Chubais was together with us in this prison truck”. People tried to remind the police officers and the OMON soldiers of the Law on the Police Force. Section 2, the Principles Underlying the Activities of the Police (Article 4, clause 1) states that a police officer shall “state their position, rank and surname, show their service identity document if requested by the citizen, and thereafter announce the reason and purpose of the address”. Clause 2 of article 4 emphasizes that “if the measures are applied to the citizen whereby their rights and freedoms are restricted, shall explain to the citizen the reasons and the grounds for the use of such measures and also the rights and duties of the citizen rising in connection thereto”. However, mentioning the Law on the Police Force provoked even greater aggression on the part of the OMON agents. The police officers didn‟t respond to the people's questions about the reasons for their detention. The police officers and the OMON soldiers were not wearing any identification. Those who tried to appeal to the Constitution of the Russian Federation were detained with an extreme atrocity. Besides, they were beating not only the detained, but also those who stood next to the detainees: PE No. 97 “When I turned around, I saw that one of the OMON agents caught up with some guy, struck him to the ground and began to baton him kneestanding on his back. He hit him twice. I asked a police officer to show his identification card and badge and to explain the reason for such abusive treatment of the citizen. I showed him Federal Law On the Police Force I was holding. One of the police officers came up to me from behind, grabbed me by the arm and tried to twist it but he was unable do that. After that, the second officer came up and grabbed me by the other arm. I told them that I was not going to resist, but according to the Law on the Police Force they should introduce themselves, show their documents and explain the reason for my detention. One of them did not say anything; the second one introduced himself as Pupkin and tried to wring my hand a couple of times, but did not manage to do it. I was brought to a prison truck, next to which police officers with badges were standing. I requested them to stop the lawlessness of the police officers and to provide their personal information. All the police officers with the badges immediately made off. After that, the two officers who brought me inspected my things without witnesses. The police officers were wearing helmets and sun glasses but no badges, so that it was impossible to identify them. After that, I was pushed into the prison truck. The prison truck stood at the Bolotnaya Square up to 8:40 p.m. and then it came to the police station near the Rechnoy Vokzal underground station. There were 21 people in the prison truck, two of whom were from St. Petersburg. The protocol was drawn up and then (at 11:40 p.m.) I left the police station. The protocols were drawn up by the other people than those who made detentions”; 86

PE No. 118 “Personally I didn’t even throw anything, nor did I show any signs of aggression, I even said I would go without assistance so that they didn’t wring my hands, then the joint was aching for two weeks, I could barely move my hand. I asked them to introduce themselves, to show an identification card, explain the reason for my detention, etc. There was no reaction, only toilet talk. The same was in a prison truck – they didn’t answered any questions, did not show any documents, did not respond to any requests”; PE No. 508 “There were numerous attacks in the form of raids, OMON soldiers charged into the crowd and caught people who just shouted “Shame” slogans one after another. The people just standing were also caught.” At the same time, the OMON agents did not pay attention even to the status of a public observer. Public observers fulfilling their civic duty also were abused and detained: PE No. 457 “I was in among the detained, although at the moment of the detention several times I loudly told to the police officer that I was a public observer. Apart from that, I was wearing a big badge of the public observer. The police officers who made arrests refused to introduce themselves and explain the reasons for the detention. As a result of a hard painful hold my right arm was injured”. Most of the arrests occurred on Maly Kamenny Bridge and on Bolotnaya Square. The OMON methods of capture of the event participants were the same: a group of 5 to 15 of the OMON agents lined up in the V-form. In rows on the sides of the groups, each of the OMON agents held one hand on the shoulder of the agent standing in front of him and in the other hand holding a rubber truncheon ready to use. Such grouping allowed to penetrate easily into the demonstrators‟ ranks and strike the protesters along the path. The invasion ended with the capture of one or two people without any motivation and explanation of the grounds of detention. The OMON soldiers twisted the arms of young and middle-aged men and even women, then brought them in such a position (with hands on back) to the prison trucks and literally pushed into prison trucks. The people did not understand why they were detained. Those who tried to resist were subjected to severe beatings. As a rule, they were dragged by hands and feet on the pavement and beaten (participants’ evidence Nos. 17, 20, 22, 30, 34, 32, 38, 49, 50, 51, 58, 61, 71, 81, 89, 93, 101, 103, № 105, 106, 109, 112, 114, 119, 120, etc.): PE No. 477 “The police officers dragged some people on the pavement beating and kicking their bodies along the path. The people resisted, did not let beating themselves for no reason, they grasped their friends whom the police tried to detain”; PE No. 71 “Strange things began to happen on the corner near the Udarnik cinema hall. We were forced back to the embankment. Since many people knew a rough plan of the event they said that the territory was reduced. But we did not understand why. On the corner, as I have said, our movement was narrowed and we were moving very slowly that resulted in a jam. In order not to crush the people around many people came up to the cordon and asked to widen the space. I did not reach the frames. I stayed on the corner till the end of the dispersion. My friends were beaten with truncheons for no reason and pulled one by one out of the masses.”; PE No. 103 “Some OMON soldiers ran up with rubber truncheons, roughly grabbed 87

the man who was the closest to them and took him away forcing to bend his head down and putting his hands behind his back. Some people could not walk in fright, so they were dragged by two OMON agents, their feet dragging on the ground. Another OMON agent or two would cover them up although the demonstrators did not take up any action, the people were just screaming.”; PE No. 114 “In my presence the police knocked down a woman about 80 years old, the men who rushed to help her up were hit with batons, several of them were captured and pushed to the Udarnik cinema hall”; PE No. 120 “A flimsy boy was caught. He stood one and a half meter away from me and looked like Harry Potter. The boy was scared. It was evident but he stayed in the front row for some reason until someone of the policemen began to twist his hands. This boy did nothing. He didn’t even shout although the people who were standing around screamed: “Murderers!”, “Fascists!”, “Russia without Putin!” Some girl was tied up; they hit her hand with a truncheon. A boy (probably her boyfriend) ran out and began to grasp the police officers by the hand trying to prevent them from beating her. They threw him down, twisted his arms and dragged him together with her to the prison truck. His father stood up for his son: he jumped on the policeman’s back who twisted his son and rescued his boy. He was ordinary man wearing glasses. He looked like an engineer. He took the baton away from the policeman. Three OMON soldiers rushed to him. He was kicked several times, but the people dragged him by the arm to the crowd, hid and saved him. And he saved his son. He is just a hero.” PE No. 190 “Then, when I was caught and dragged past the ranks of other standing police officers who hit me with batons on the legs and buttocks. After that I was taken back forward, so I could barely walk not falling on my back. I said to the OMON soldiers who dragged me that they committed a crime under Article 149, but they didn’t pay attention to that and dragged me to the bus without giving me a chance to stand on my own feet. They pushed me into the door, putting my head down for some reason. Then some hits followed in my back, they believed, apparently, that it would help me get into the office for the detainees on my hands”; PE No. 195 “Twice I tried to stop illegal detention, grabbing a detainee and not letting him off. For the first time the OMON agent hit me with a baton on the right forearm, for the second time he knocked me down with a kick”; PE No. 250 “In my presence a pensioner fell on the pavement from a heart attack. Her teenage son was snapped out of her hands. Right in front of her eyes he was beaten and dragged on the pavement. My friend and me ran to a nearby café to get some water and the pills for her”; PE No. 284 “My friend with whom I came to the meeting was detained. She was detained because she rushed to defend a boy was dragged face down. There is a Degunino Internal Affairs Department detention report”; PE No. 472 “The police officers in helmets and armor lined up in rows of 5 to7 fighters, chose a victim to arrest, crashed into the crowd, snatched this victim and dragged to a prison truck”; PE No. 518 “I came with the Victory banner. I was walking in front of the orchestra. The jam began and I was pushed out of the police cordon, the police colonel ran to me and torn the banner and hit me in my face and stomach. I was lying on the ground but he did not let me get up, then two OMON soldiers ran up to me and dragged me to the prison truck. I was brought to Khamovniki department, my passport was taken away, then I was forced to sign some documents, then they took my fingerprints and took photos. They did not react to my request to provide medical care. They held me up to 8 pm on May 3... I visited the emergency room only in Tula where the doctor registered chest bruise”; PE No. 449 “If a person was trying to find out why he was taken away, the police would use brutal force, batons and take away people at random”; 88

PE No. 480 “I saw 20 to 30 people detained. The police officers simply grabbed them by the arms and legs, some of them were beaten without explanation”; PE No. 482 “The OMON agents grabbed a guy, knocked him down and wanted to drag him but a girl seized the guy. The police couldn’t drag two people on the pavement. Then one of the OMON soldiers ran up to me and yelled: “Get down, bitch”, tried to grab me by the neck but I evaded, he saw that the detachment stepped back and also went away”; PE No. 470 “I saw how two OMON soldiers were beating up with batons a young boy. He tried to hide from them with his hands because there was nowhere to run, while turning his back to the batons seemed even worse. One of them, who was closer to the guy, sat down and from behind of his colleague’s back grabbed the guy by the bottom of the pants and pulled on himself. The guy fell on the pavement and hit so that he actually fainted. His head was bleeding. The group of OMON soldiers picked him up and carried towards the cordon”. The people came to an approved event hoping that everything would be as usual, as it was in the Bolotnaya Square on the 4th of February, as it was on Sakharov Avenue. In fact, the people were trapped. Judging by the actions of the OMON soldiers, the decisive argument for the detentions was the fact of mere presence on the square. It is clear (and subsequently many participants admitted that fact) that the police could detain anyone who happened to come in the sight of the OMON. Unarmed civilians were involved in conflicts with the police and the OMON soldiers against their will. The police not only failed to prevent the conflict, but on the contrary raised the tension by their aggressive actions. Cruel actions against unarmed civilians, sometimes a clear aggression on the part of the OMON soldiers, cannot help causing a response. People did not attack the authorities, they were forced to defend themselves and their intimates from the blows and sometimes just to cover other people lying on the pavement with their bodies: PE No. 126 “I affirm that the detentions were carried out at random, it means that any of the participants of the meeting could be on the detainees’ place. In my presence the police took a girl with a placard in her hands off the fence, tied and took her to a prison truck. Then they pulled a boy out of the crowd and poked him on the face so that the boy probably got a very serious injury, he lost coordination, his head unnaturally leaned back, someone of the crowd picked him up and tried to carry off the battlefield ... It must be noted that this armed attack on civilians occurred at the time and place defined for a peaceful meeting by the authorities”; PE No. 158 “My wife and I were separated in a moment. The people helped her climb the sloped lawn. And I (I'm 75 years old) was captured by policemen, they began to twist my hands and put pressure on my neck. The demonstrators stood up for me. OMON soldiers (there were two of them) let me go when they saw that a lot of people stood up for me”; PE No. 467 “The OMON soldiers were beating people with batons and I tried to stop it. I was knocked down. I lost consciousness. I woke up when I was brought into the prison truck. Then I was taken to the Basmannoe Internal Affairs Department where I was put in a cage. At night, the representatives of the Public Supervision Commission came and called an ambulance after examination. In hospital, I was diagnosed brain concussion, but I refused hospitalization”. It is necessary to mention the testimonial evidence regarding young athletic men dressed in black, whom OMON soldiers failed to see: PE No. 465 “Swinging their batons, the OMON agents would break into the crowd and beat everyone standing in the way, someone was grabbed and dragged into the prison truck.

Strange people I had not seen before, perhaps, they were provocateurs jumped out of the crowd, threw something including plastic bottles and tubes and then hid in the crowd. The most interesting was the fact that the police did not catch them and let go some of the detainees who stood near prison trucks and they went towards the square.”; PE No. 475 “There were some aggressive athletic people who could easily pass through the cordon and back again. Those people shouted extremist slogans, pushed the police officers and threw plastic bottles into the cordon. Among the detainees I saw no one of those who took an active part in provoking people to conflict with the OMON”. There is one more very important common feature of the numerous stories - the attitude of the representatives of the law-enforcement bodies towards the detainees. They were inexplicably atrocious, used force and special equipment to unarmed people just before putting them in prison trucks. The detainees spent many hours driving around the city in dead-closed trucks: PE No. 450 “My husband and I came up to the procession, we thought that everything would be as it was in the Bolotnaya Square and Zakharov Avenue. I was in a jacket and I was grabbed by my jacket and pulled right out of the crowd. My husband grabbed me, he was a little farther in the crowd shouting: “I will not let her go alone!". The OMON soldier who pulled me from the chain looked at my husband and said something like that "I don’t care, come both" and dragged me, while my husband went to the prison truck. There were already 10 people. While the soldiers were filling in the prison truck and waiting for departure, we watched as the second line of the OMON soldiers began to use truncheons and the first one pressed people. Many blood- strained people were brought past, some were limping, someone clasped his hand, someone was with eyes swollen. People were dragged behind the cordon by one, were knocked down on the pavement, some OMON soldiers were beating an unarmed man. I thought that it was better to be in the prison truck, than to be there”; PE No. 48 “There were many prison trucks, one of them had already moved off when I was brought, I was waiting around the next one. After a couple of minutes they brought a man with twisted hands behind his back, he was younger than me wearing a T-shirt. Within five minutes we were taken to prison truck. There were two sections, I together with that man got in the farther one. There were a few people already, one of them was a very young student, there was a man with a broken bloody elbow, there was an elderly man and a young girl but I do not remember the others. There were 12 people in our part of the prison truck, in the other one there were 13. The truck was large, it was Ural. Ventilation was turned off, it was very stuffy and the truck was cramped. We were driven more than three hours and were brought to the Voykovskoye Internal Affairs Department.”; PE No. 97 “The prison truck stood at the Bolotnaya Square up to 8.40 PM., then it came to the local police department near the Rechnoy Vokzal subway station. There were 21 people in the prison truck, 2 of them were from Saint Petersburg”; PE No. 144 “There were too many people in the prison truck. I was one of the latest, I was standing. When we were taken to the Sokolniki Internal Affairs Directorate we were held in the prison truck.”; PE No. 240 “Near the prison trucks people were examined by soldiers who hit and kicked them.”; PE No. 334 “In my presence one of the detainees was beaten in front of the prison truck. Numbers 205 and 206”; PE No. 344 “When I was brought to the bus, two soldiers struck the head of the young man who came in front of me on the bus.”; PE No. 400 “As I said, we were detained and taken to the Krasnoselskoe Internal 90

Affairs Department where we were kept in a smelly place without food and water for two days. The conditions were torturous, at night there was no place to lay down, it was impossible to sleep on a narrow bench, two man sat. I am grateful to good people who gave us mineral water and some food. By the way, we also were taken to the court after the first day of detention, when the five of us sat together in a row, sometimes on each other’s knee in a small Gazelle in the sun. By night, however, we entered the court.”; PE No. 450 “When we were taken out [in the prison truck], the driver braked hard all the time and the OMON soldiers were laughing that the detainees were shaking in the cabin.”; PE No. 389 “There was a guy in the prison truck together with me (he looked like an anarchist). He was lying and groaning, he said that the soldiers had broken his ribs. We cried that he needed a doctor, that it was necessary to call an ambulance. We tried to fix his chest with a handkerchief. The doctor came, looked into the prison truck and told the officers that we could be taken to the department. Then new guys and girls were pushed into the truck. All of them were roughly dragged and thrown into the truck and kicked, one of the men was in a torn shirt. A girl from Saint Petersburg was also taken, because she was holding a banner in her hands.”;

PE No. 344 “The OMON soldiers obviously felt their impunity. It was a kind of polygon for them where they sharpened their skills of beating of unarmed people.”;

PE No. 500 “People were knocked down, kicked and clubbed. Of course, I also was captured. I did not go myself, I was taken by four OMON soldiers. The enraged OMON soldiers preached me to respect the law in their own way: they began to kick, hit and club me. I promised that I would register the beatings with the respective authorities. These words put a wet blanket on them to a certain extent. There were already four people in the prison truck: three young men and a girl. Our trip to Moscow ended in Sokolniki Internal Affairs Department. We were sitting in a crowded and stuffy prison truck for two hours, without water, before the first people left it. They were seriously injured. Two of them had dislocated or broken arms, one of them had concussion. An ambulance was waiting for not less than an hour before the soldiers allowed them to leave the prison truck. Around 11 p.m., I wrote everything and signed all the paper I was given into the hands of physicians who took me into hospital No. 54.”;

PE No. 364 “The OMON soldiers that drove us in the prison truck made quite positive comments about what was going on, they liked that slaughter, they used such words as “drive”. Among the detainees there was a man with a concussion in the prison truck. We demanded to call an ambulance but we just got rude answers to our demands. We spent for about two hours in the prison truck within which the man vomited.”;

PE No. 344 “We were brought in Dorogomilovo Internal Affairs Department. The reports of the detention were printed in advance and were drawn not by the officers who detained us. The reports were completely false. One of the officers began to shout and threaten me.”;

The detainees were taken to different police departments of Moscow. Some of them after being taken to the police were kept without food or water for two days. In addition, as some detainees affirm, the reports of detention were printed in advance in some local police departments.

PE No. 400 “We were detained and taken to Krasnoselskoe Internal Affairs Department, where they were kept in a smelly place without food and water for two days. The conditions were torturous, at night there was no place to lay down, it was impossible to sleep on 91

a narrow bench, two man were sitting.”;

PE No. 401 “I was taken to Taganskoye Internal Affairs Department where I stayed for a little less than day and a half. Late in the evening of the next day I was set free and could go home”. The testimony of the detainees delivered during the judicial sitting that was quickly organized was not taken into account (evidence No. 344). They were found guilty a priori.

There is one more very important feature: the people were detained not only on the approved meeting area. Some people were detained in the alleys and even several hours after the events, also without any explanation of the reason for their detention (participants’ evidence Nos. 18, 43, 44, 77, 93, 156, 184, 193, 341):

PE No. 43 “My husband was detained in Lavrushinskiy Alley near representative office of the European Union.”;

PE No. 77 “I saw many people were detained not only in Bolotnaya Embankment but also in the alleys leading towards the subway. The OMON soldiers walked in chain driving people into the courtyards and alleys snatching the first comers out of the crowd and taking them into the prison trucks. People were detained in a rough form without any introduction”;

PE No. 184 “Then the OMON soldiers began to clean out Kadashevskaya Embankment, squeezing the people away from the Small Stone Bridge. So we got into Small Tolmachevsky alley and the OMON chased us. Once again when the OMON soldiers rushed us, ran up to my husband, he shouted: “Do not hurt me, I have a bad knee!” and pointed to his knee. The soldier who was closer to him swung and hit the knee with a rubber truncheon. We barely came to Dr. Lisa on Pyatnitskya Street. The knee badly swelled. Dr. Lisa processed the injury, and we stayed in her place for several hours because the soldiers were still chasing the demonstrators along the streets. After a few days we had to go in hospital to do a puncture of the knee and pump out the pus and blood”;

PE No. 187 “When it [Bolotnaya Embankment. - Ed.] was completely cleaned out, we were driven to the other side of the river from there the columns of soldiers went along the alleys towards the subway. There the OMON continued to beat and roughly throw the demonstrators into the prison trucks. Near the Novokuznetskaya underground station, the detentions began again, the soldiers threw all the young people who were on the street into the prison truck.”;

PE No. 44 “I was roughly detained not in the Bolotnaya Square but at the corner of Kadashevskaya Embankment and Lavrushinsky Alley next to Luzhkovy Bridge. There were a lot of demonstrators and police forces on Kadashevskaya Embankment. People were detained all the time. The soldiers began to detain someone at the corner of Lavrushinsky Alley. I tried to hold people putting my arms around them. But I was knocked down. I’d got a kick to the head. Then one man told me to give him my hand. Otherwise he threatened to break it. One of the accompanying soldiers kept both my jam and neck with the hands around it. Another soldier twisted my arm so I felt pain. Then in front of the prison truck I was forced to do the splits and the soldier pushed to my leg. I was searched staying in such a position, then they forced me to turn out the contents of bag on the ground. We were taken to the Fili-Davydkovo Internal Affairs 92

Department.”;

PE No. 460 “We were in a cafe in Lavrushinsky Alley and when we went away at 6-7 p.m. we noticed a chain of OMON soldiers moving from channel along Lavrushinsky Alley past the Tretyakov Gallery drive all the people away from the territory. The officer without rank insignia ordered who should be detained. Three or four soldiers jumped out of the formation, grabbed and dragged people into the buses that were moving beyond the chain.”;

PE No. 449 “The detentions continued on Kadashevskaya Embankment. The soldiers grabbed people at random. I was one of those people”. It is necessary to pay particular attention to the information that proves a selective attitude to the detainees who were in the police department. It was obvious that it was necessary to choose accidentally detained officers in mufti and those who were penetrated into the ranks of the demonstrators: PE No. 401 “At a certain moment the police weakened the chain and I was pushed behind the cordon by the crowd where I was immediately arrested. Some people in the crowd shouted that there were provocateurs who pushed people in the hands of the police. I mean that when we were taken to the police some people had escaped. It proves the fact that they were brought together with us in the police department but they were not registered and detained and were immediately released. I know at least one such person. He sat in front of me and captured our behavior on film using his mobile phone. Then we did not pay any attention to that because we did not know what a large-scale provocation was planned by the existing regime”. In such a situation an estimate of one of the protesters seems to be fair. He briefly summed up the events in Bolotnaya Square: “I believe that the criminal actions of the Main Department of Internal Affairs which limited a permitted access to the Bolotnaya Square and significantly narrowed the pass (which was supposed to go through the park and through the northern roadway of the Bolotnaya Square) opened a door for provocation that happened. Coordinated actions of the OMON soldiers, common correlation of forces and the sequence of events leave no doubt that the Main Department of Internal Affairs was completely informed of the upcoming provocation. The forces that were collected at the Great Stone Bridge and its approaches were designed not to maintain public order but to suppress an armed revolt. A group of individuals responsible for the provocation acted as a team and in organized way. Furthermore, after the elimination of a breakthrough and detention of all the people who went to the territory of the Udarnik cinema hall, to my surprise, sometimes I met some persons of the breakthrough groups which attacked the OMON more actively than others. They burned fires, threw pieces of asphalt and be all means provoked peaceful participants of the meeting to act illegally. They are liable for the conflict. Many of them were without masks on their faces and sooner or later find themselves in the hands of the OMON. There is no one of those men in the dock now” (PE No. 106).

It is clear that the OMON got a blank check to use special weapons and force against the participants of a peaceful action. The representatives of power structures and the officers in mufti that gave orders could not be aware that they broke the Law On the Police. The fact that the officials of the Main Department of Internal Affairs of the Russian Federation and the Public Prosecution Office of the Russian Federation refused to consider properly the complaints of citizens who became victims of the OMON during the events of the 6th of May confirms this conclusion. PE No. 528 (A.V. Aniskin). He was arrested with the use of physical force. He suffered and filed a claim to the Chief of the Main Department of Internal Affairs of Moscow designate. Proper investigation was not carried out. Moreover, the person was accused of falsifying medical documents: “The jam has begun, and the police officers roughly pushed me and I fell on my back, got a scrape on right elbow and bashed my head against the pavement. Two police officers grabbed me by the hands and dragged me on the pavement, I screamed with fear and pain. Then two more police officers ran up to me, the four of them grabbed my legs and dragged me, one of them struck low blows although I offered no resistance. After a while I was taken to the police bus and delivered to the local police station on Krasnosel'skiy district. I spent two days in the police department. I felt bad because of the injuries, I was disturbed by the pain in my left-hand side, persistent dizziness and vomiting spells...... We were brought in court at 8 a.m. on May 8, 2012. Roughly about 10.30 a.m. due to the hypertensive crisis and feeling unwell I was called an ambulance which took me in hospital No. 1 named after Pirogov. The doctor examined me and I was hospitalized and was treated up to the 17th of May, 2012. In hospital I was diagnosed with closed craniocerebral injury and concussion”. There is one more claim at the address of the Chief of the Main Department of Internal Affairs of Moscow designate from victim N.S. Fattyahdinova. Proper investigation was not carried out: “I was pushed hard and fell on the pavement, then one of the police officers kicked me in the liver while I was lying on the pavement. I could not move because of the pain. The police officers grabbed me and dragged away from the territory fenced for the meeting towards the monument to Repin, where they threw me to the other people. The bus was standing in the square about an hour. We were taken to the police station on Krasnosel'skiy district of Moscow at 9.30 p.m. I spent two nights in the police department.”. The claim of the citizen of the Republic of Belarus, A.L. Eliseev, directed to the Prosecutor of Moscow State Counselor of Justice S.V. Kudeneev was also left unattended. The claim stated virtually the same facts as the other claims. It said the person was detained and beaten. V.N. Zakharov applied to the Head of the Investigative Committee of the Russian Federation Colonel General Alexander Bastrykin. He asked to initiate a criminal investigation against the police officer, the OMON soldier, who committed a crime against him that is doing him moderately severe physical injury. No reply has followed. Summary of the Section An analysis of the written and oral evidence of the participants of the events, the available documents, video and photo materials leads to the following 94

conclusions: 1. coercive dispersion of the peaceful approved event was originally planned by the governmental authorities. Before the conflict, these bodies had prepared for a planned military operation, had informed the personnel to minimize contacts with the participants of the meeting and had introduced a significant number of provokers into the ranks of the demonstrators; 2. unilateral violation of the previously agreed scheme of the organization of the meeting made by the authorities became a technical cause of the complications that occurred when the column was going out from Maly Kamenny Bridge and started the direct confrontation. The organizers of the event have not been informed in advance and could not take anticipatory measures to eliminate the conflict. The organizers couldn‟t get in touch with the authorized representatives of the city authorities and law enforcement agencies in the square at the moment when the conflict had arisen so that it was impossible to resolve the conflict promptly. All the attempts of the protesters, the Human Rights Commissioner of Russia Vladimir Lukin, the deputies of the State Duma of the Russian Federation to improve the situation have been ignored; 3. the breakthrough occurred in the first line of the cordon resulted from inadequate inaction of the authorities in this situation, hustle caused by cordon location that narrowed the passage, the absence of proper means for mass notification of the citizens. To a large extent this breakthrough is due to the activity of provocateurs deliberately introduced into the ranks of the demonstrators. Repeated efforts of the organizers to prevent the breakthrough were unavailing in that situation. 4. In the course of the arisen confrontation all the actions of the police officers and the OMON soldiers were notable for inadequate use of force against unarmed civilians. There has been illegal use of special weapons, blocking of exit from the zone of the meeting (as well as for the elderly, women, people with children), failure to render medical assistance to victims in time; provoking of panic fraught with mass victims among civilians. The actions of the police officers were inexplicable for the citizens, they got no clear indications from the power structures; 5. the police and the OMON soldiers overstepped their authority continuing to pursue, beat and detain the citizens who were breaking up after the manifestation outside the meeting. In this case, the victims were bystanders who did not participate in the action; 6. the actions of the protesters in most cases distinguished by extreme restraint and self-control. The sporadic resistance to the violence on the part of the police officers and the OMON soldiers that they offered didn‟t go beyond the limits of necessary self-defense or the defense of others against baseless aggression on the part of power structures representatives.

5. Mass riots investigation

5.1 Legal Comments Underlying the Legal Approaches of the Commission: the investigation must be objective. the court cannot go beyond the charges formulated by the investigation bodies containing the description of the specific elements of the crime. components of a crime as a set of necessary elements sufficient for distinguishing criminal actions from non-criminal ones is the sole basis of criminal responsibility (see article 8 of the Criminal Code of the Russian Federation). The absence of even one of the elements that constitute corpus delici means the absence of the event of a crime. Mass riots are recognized as criminal if they are characterized by the elements defined in the article 212 of the Criminal Code of the Russian Federation. According to the article 212 mass riot are “attended by violence, pogroms, arson, the destruction of property, the use of firearms, explosives, or explosive devices, and also armed resistance to government representatives” and calls to the same mass riots. The object of criminally liable mass riots is public safety (rather than public order or official activity of the authorities). The Supreme Court of the Russian Federation determined that the words “mass riots” mean a crime against the public safety that can cause serious consequences in the economic, political, environmental, military sphere, can paralyze the activities of the government... The use of firearms, infliction of bodily injury and causing death to the victim as well as damaging property as such, without the above mentioned elements, can not serve as a ground for qualification of “mass riots” and must be qualified under the relevant substantive rules of the law” (Cassational Ruling of December 22, 2005 concerning the case No. 80-o05- 35sp). resistance to the authorities is not defined as the element of mass riots corpus delici. According to the article 212 of the Criminal Code of the Russian Federation such actions are defined as armed resistance. a crime under the article 212 of the Criminal Code of the Russian Federation is characterized by the direct intention that requires the direction of the intent of the guilty to public safety (the object of a crime), rather than to protective activities of the police officers including public safety. The guilty must not only be aware of and consciously allow a possibility of causing harm to public safety but also to anticipate and be willing of that. A description of the actions committed by other persons if these actions were not covered with the intent of the accused is not allowed. The description of a public event as a whole in case of a charge of certain persons under the article 212 of the Criminal Code of the Russian Federation has no legal consequences. Court decisions on the application of detention in custody as a 96

preventive measure must contain arguments analyzed and confirmed by the facts for statutory grounds for the application of this measure. According to Part 1 of Article 108 of the Criminal Procedure Code the “taking into custody as a measure of restriction shall be applied through a court decision towards the suspect or the accused of committing crimes for which the criminal court envisages the punishment in the form of the deprivation of freedom for a term of over two years, if it is impossible to apply a different, milder measure of restriction”. If the court defines detention in custody as a preventive measure the actual circumstances that served as a ground for the decision of the judge should be specified in the court order. The information not proven during the trial, in particular, the results of operative and investigative activities submitted in violation of Article 89 of this Code can not constitute such circumstances. In exceptional cases this preventive measure can be imposed on the suspect or the accused of a crime punishable by imprisonment for a term up to three years if there is one of the following circumstances: the suspect or the accused does not have a permanent place of residence in the territory of the Russian Federation; his identity has not been proved; he has violated a preventive measure imposed in advance; he has fled from pre-investigative bodies and a trial”. according to Article 37 of the Criminal Code of the Russian Federation infliction of harm in the state of necessary defence does not entail criminal liability. The principle of criminal law is the principle of liability, i.e. a person is liable only for those actions that the person has committed.

5.2 Facts concerning the investigation of the case of May 6

5.2.1. The general part of the Indictment, which does not contain any description of the specific actions by the accused Kovyazin L.N., Krivov S.V., Luzyanin M.S. (the convict), Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov J.G., Akimenkov V.G., Savelov A.V., Kavkazskij N.Y., Polihovich A.A., Kosenko M.A. involved in case # 201-459415/12

The Indictment for each of the defendants in the case presents a single text, actually consisting of two parts. One part (the general one – excerpts below) is a description of the events that took place on May 6, 2012 in the area of the Bolotnaya Square and surrounding areas. This part does not contain references to specific actions of the accused. The other part (the specific one – excerpts from the Indictment are presented for each individual defendant) is a description of the specific actions of the accused. 97

Thus, the Indictment contradicts to Paragraph 4 and 5 of Part 2 of Art. 171 of the Criminal Procedure Code of the Russian Federation that require the criminal pattern to be stated in the Indictment. The Indictment also contradicts to Part 5, Art. 35 of the Criminal Procedure Code of the Russian Federation, according to which only the organizer is responsible for all the crimes committed by a group of persons. None of the defendants is incriminated the organization of mass disorders, therefore, it can not be specified in the Indictment.

Excerpts from the Indictment of Kovyazin L.N., Krivov S.V., Luzyanin M.S. (the convict), Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov J.G., Akimenkov V.G., Savelov A.V., Kavkazskij N.Y., Polikhovich A.A., Kosenko M.A. involved in case No. 201-459415/12:

<…> not later than 06.05.2012 received information from the mass media that on 06.05.2012 starting from 16.00 some public events that had been planned in advance and agreed in accordance with the law would take place – the demonstration from the Kaluzhskaya square down Bolshaya Yakimanka str., Bolshaya Polyanka str. to the Bolotnaya Square rally and the public rally till 19.30 on Bolotnaya Square in Moscow. The purpose of this action was to protest against the existing, according to the organizers of this event, abuse and falsification during the elections to the State Duma of the Federal Assembly of the Russian Federation and the President of the Russian Federation, as well as statement of required fair elections, respect for human rights, the legislation of the Russian Federation and its international obligations, with the number of participants up to 5,000 people.

<…> not later than 17.00 on 06.05.2012 arrived to the venue of the demonstration – to Bolshaya Yakimanka str. in Moscow to participate in the mass public event and together with other demonstrators headed to the area of the Bolotnaya Square in Moscow along the above route.

According to the public order and health safety plan in Moscow d.d. 06.05.2012, approved by the Chief of Police of the Moscow Department of the Ministry of Internal Affairs of the Russian Federation d.d. 05.05.2012 (hereinafter – the "Plan"), the protection of public order and public security on 06.05.2012 during the demonstration and public rally was performed by representatives of the authorities – the police.

In order to assist the police in performing their duties for protection of public order, in accordance with the Plan, Internal Troops of the Ministry of Internal Affairs of the Russian Federation were engaged.

On the basis of Art. 1 of the Federal Law d.d. February 7, 2011 # З-ФЗ "On Police" (hereinafter – the "Law"), the police is aimed to protect life, health, rights and freedoms of citizens, to combat crime, protect public safety, property, and ensure public security; the police within its power assists the federal bodies of state power, bodies of state power of constituent entities of the Russian Federation and other state authorities, local authorities in the protection of their rights.

In accordance with paragraph 2, 5, 6, Part 1, Art. 12 of the Law, the police are obliged to prevent unlawful acts, eliminate threats to public security and public safety, ensure the security and public order in the streets, squares, public gardens, parks, highways and other public places together with the representatives of the executive authorities of the Russian Federation, local authorities and organizers of meetings, public rallies, marches, demonstrations and other public events security and public order in the venues of these events.

On the basis of paragraph 1, 6, Part 1, Art. 13 of the Law, in order to perform its duties police are granted the right to demand from the citizens and officials to stop illegal actions, as well as actions that hinder the legitimate activities of the state and municipal authorities; patrol towns and public places, equip if necessary control points and checkpoints, put out posts, including stationary and barriers, use other forms of public order security.

On the basis of Art. 18 of the Federal Law d.d. 06.02.1997 № 27-ФЗ "On the Internal Troops of the Ministry of Internal Affairs of the Russian Federation" (hereinafter – the Law "On Internal Troops"), military units and military units of operational designation are entrusted with tasks to work alongside the bodies of internal affairs to protect public order by patrol and inspection services in towns, as well as to ensure public safety during mass events.

On the basis of Art. 39 of the Law "On Internal Troops" legitimate demands of internal troops while performing their official duties are obligatory for the citizens and officials of the Russian Federation; militaries of Interior troops while performing combat service are the representatives of authorities.

In the period from 16.00 to 20.00 on 06.05.2012 in the area located between building # 2 in Serafimovich str. and building # 14 in Bolotnaya str. in Moscow, along Serafimovich str. between the Big Stone Bridge and the Small Stone Bridge, between Bolotnaya embankment and Bolotnaya square, during the demonstration approved in accordance with the established procedure, unidentified individuals

harshly violating the public order and the rules of public events, ignoring the legitimate demands of the authorities – the police and the Internal troops of the Ministry of Internal Affairs of the Russian Federation – to stop the illegal activities – began to call people present to move outside the agreed place of the meeting, to disobey lawful demands of police officers and the Internal troops of the Ministry of Internal Affairs of the Russian Federation, use violence and by their own example of illegal behavior encourage the participants to commit the above actions that led to the emergence of mass disorders accompanied with the use of violence against the authorities in connection with the performance of their duties, arsons, damage and destruction of property.

In the period after 17.00 on 06.05.2012 <...> a criminal intent emerged to participate in the riots involving violence, arson, destruction of property.

On 06.05.2012 from 17.00 to 22.00, the exact time is not set, yielding to illegal calls, some participants of the above mentioned events, among which were Kovyazin L.N., Krivov S.V., Lousianin M.S., Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov Y.G., Akimenkov V.G., Savelov A.V., Kavkazskiy N.Y., Polihovich A.A. and other unidentified persons acting intentionally, as well as Kosenko M.A., participated in the riots occurred, accompanied with violence, arsons, damage and destruction of property, ignoring the legitimate demands of the police and Internal troops of the Ministry of Internal Affairs, use of physical force, attempted to break through the cordon of police officers and Internal troops of the Ministry of Internal Affairs of the Russian Federation, who performed their duties in maintaining public order and public security.

At the same time, at the specified time in the specified location unidentified participants of the riots threw at the authorities – police officers and internal troops of the Ministry of Internal Affairs of the Russian Federation pieces of asphalt pavement, stones, sticks and other objects that hit them at different parts of the body.

<…>

At the same time, unidentified participants of the riots continued to throw at the authorities – police officers and Internal troops of the Ministry of Internal Affairs of the Russian Federation – empty bottles, pieces of asphalt pavement that were broken off during mass riots from the driveway, smoke bombs, Molotov

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cocktails and other items, spray tear gas from containers prepared and brought in advance, pour unidentified substances with a pungent smell from containers prepared and brought in advance, build the obstacles for the police and Internal troops of the Ministry of Internal Affairs of the Russian Federation using barriers of security fencing, destroy and damage property – asphalt coating, respectively, use violence against the authorities – the police and Internal troops of the Ministry of Internal Affairs of the Russian Federation, beating them, hitting with flag poles and other items at different parts of the body, disrupt and destroy protective equipment (bullet-proof vests "Cora-Culon", anti-shock helmets "Jeta") and communication facilities.

At the same time, one of the Molotov cocktails, deliberately thrown by unidentified members of the riots into the authorities – police officers and Internal troops of the Ministry of Internal Affairs of the Russian Federation, broke near Yastrubenetskiy V.A., a participant of the demonstration. As a result of the inflammation of the flame liquid that occurred on the clothes of the latter, Yastrubenetskiy V.A. received a thermal burn (fire) of the 1st–2nd degree of the left hand, forearm, legs, left foot, occupying 5% of the body surface, resulting from heat, and which caused light injury, which caused a short-term health disorder for up to 3 weeks.

Also, one of the stones, deliberately thrown by unidentified members of the riots, hit Glazkov P.A., a participant of the demonstration, causing him traumatic brain injury: concussion, parietal region bruise (bottom-soft tissue), resulting from the impact of a blunt solid object, causing light health injury, which caused a short-term health disorder for up to 3 weeks.

Moreover, as a result of illegal actions of unidentified organizers and participants of the riots, bodily injuries of varying severity were caused to at least 53 police officers and internal troops of the Ministry of Internal Affairs of the Russian Federation, as well as civilians; officers of Moscow Department of the Russian Ministry of Internal Affairs have lost 27 anti-shock helmets "Jeta", had one anti-shock helmet "Jeta" damaged, lost 14 bullet-proof vests "Cora-Culon", 29 rubber truncheons (product ПР-73M), 7 products for protection of limbs "Shield", 3 items "Belt", 12 products "БР", 19 products ГП-8В, 4 felted asbestos products, 2 loud hailers, 8 radio stations with the total damage to Moscow Department of the Russian Ministry of Internal Affairs amounting to 371,132.62 rubles; officers of the transport Department of the Russian Ministry of Internal Affairs in the Central

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Federal District lost 5 rubber truncheons (product ПР-73M), 2 radio stations with the total damage to the transport Department of the Russian Ministry of Internal Affairs in the Central Federal District of 43,816.92 rubles; officers of Chelyabinsk region Department of the Russian Ministry of Internal Affairs lost 2 anti-shock helmets "Jeta" and 1 radio station with the total damage to Chelyabinsk region Department of the Russian Ministry of Internal Affairs of 23,614.22 rubles; damaged asphalt coating in the place where the riots occurred, which caused damage to the state public institutions of Moscow "Office of the customer for housing and public and provision of urban amenities of Central Administrative District" amounting to 28,228,227.25 rubles; destroyed six mobile toilets owned by LLC "EkoUniversal" for a total amount of 73,800 rubles.

Thus, <…> by their intentional actions, committed an offense under Part 2 of Art. 212 of the Criminal Code, namely, participation in mass disorders accompanied with violence, arson, destruction of property.

Based on the abovementioned and following articles 171, 172, 175 of the Criminal Procedure Code of the Russian Federation,

BE IT RESOLVED:

Involve <…> as a defendant in the criminal case, charging him with having committed an offense under Part 2 of Art. 212 of the Criminal Code, and announce the decision to him.

Gabdulin R.R.

The Senior investigator for cases of particular importance by at the Chairman of the Investigation Committee of the Russian Federation

Colonel of Justice

5.2.2. The accused Kovyazin L.N., Krivov S.V., Luzyanin M.S. (the convict), Dukhanina A.I., Barabanov A.N., Zimin S.Y., Lutskevich D.A., Belousov J.G., Akimenkov V.G., Savelov A.V., Kavkazskiy N.Y., Polihovich A.A., Kosenko M.A.: the preventive measure and the date of arrest, location, charged under articles, actions imputed. Undergo criminal case # 201-459415/12

Akimenkov Vladimir Georgievich, born in 1987, activist of the "Left Front".

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Preventive measure: arrest, arrested on June 10, 2012

Location: PIC-5 "Vodnyk".

Accused of involvement in the riots on the Bolotnaya Square (Part 2 of Art. 212 of the Criminal Code of the Russian Federation) and violence against a representative of the authorities (Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 19, 2012): "<...> took a pole of the flag in order to use it for the act of violence against representatives of authorities. <...> Namely, Akimenkov V.G., acting deliberately to violence, using previously taken pole of the flag, threw it precisely into one of the law enforcement officers who was in the first line of the cordon, hitting the latter in the chest".

From the Court decision d.d. 14.06. 2012 on choosing the preventive measure: “Assessing the circumstances of the case under investigation, given the severity and nature of the incriminated act by Akimenkov V.G., as well as information on the accused Akimenkov V.G. who does not work, does not have a permanent source of income, negatively characterized in the community, taking into account information obtained during the special investigation activities, in accordance with the provisions of the Federal Law "On special investigation activities" that meet the requirements of Art. 89 of the Criminal Procedure Code of the Russian Federation, the Court concludes that there are reasonable grounds to believe that, if at large, the accused Akimenkov V.G. can abscond during the investigation or trial, in person or through other persons carry out actions aimed at avoiding criminal responsibility, continue to engage in criminal activity, as well as destroy the evidence and otherwise obstruct preliminary investigation, if at large, can reconcile his position with unidentified partners, who have not been identified by the investigation yet”.

Barabanov Andrey Nikolaevich, born in 1990, married.

Graduate of the Moscow Mathematics College, officially unemployed, works as a part-time artist.

Preventive measure: arrest, arrested on May 28, 2012

Location: PIC # 2 103

Accused of involvement in the riots (Part 2 of Art. 212 of the Criminal Code of the Russian Federation) and violence against representatives of the authorities that was not dangerous to their life and health (Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Belousov Yaroslav Gennadyevich, born in 1991, married, has an infant son.

4th year student of the Political Science Department of the MSU, activist of the national democratic movement “Russian Civil Union”.

Preventive measure: arrest, arrested on June 9, 2012

Location: PIC # 5

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 19, 2012): “Implementing his criminal intent, Belousov Y.G., being in unknown place at unknown time, acquired unspecified solid object of yellow colour, spherical shape in order to use it for the act of violence against representatives of the authorities. <...> Namely, being at specified time in specific place unidentified participants of the riots, acting intentionally inflicted at least 3 punches and kicks at head, body and limbs of Philippov B. Then Belousov Y.G., acting deliberately, being at specified time on the roadway of Bolotnaya embankment in Moscow, 39 meters off the street light pole # ГК 5714/16, and 14 meters off the road sign "Stop", threw unspecified solid object of yellow colour, spherical shape precisely at Filippov B., that hit the last in the upper part of the chest on the right, thereby causing physical pain to the victim. As a result of actions by Belousov Y.G. and other unidentified persons, Filippov B. was caused physical pain in the points of impact, as well as physical injuries such as hematoma from scratches of soft tissues of the parietal region, hematoma in the lower third part of the right forearm, scratches of the lower third part of the right tibia, which both collectively and discretely assessed as injuries that did not cause harm to health, did not cause short-term injury to health and slight, stable loss of faculty”.

Duhanina Alexandra Ivanovna, born in 1994 104

Student at Moscow State University, defender of Tsagovsky forest.

Preventive measure: house arrest.

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 4, 2012): “In total, Duhanina A.I., taking part in the riots occurred, at least 8 times threw stones and fragments of asphalt pavement and the empty bottle precisely at the police officers, and then at about 19.00 on May 6, 2012 she was arrested by a police officer Sutormin A.N.”

Zimin Stepan Yurievich, born in 1992

Anarchist, anti-fascist, member of the “Occupy” movement and actions to protect Moscow-area forests, Orientalist student at Russian State University for the Humanities.

Preventive measure: arrest, arrested on June 8, 2012

Location: PIC # 5

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Kavkazsky Nikolay Yurievich, born in 1986

Member of the human rights organization “Committee for Civil Rights”.

Preventive measure: arrest, arrested on July 25, 2012

Location: PIC # 2

Accused of involvement in the riots (Part 2 of Art. 212).

Imputable actions (from the Indictment d.d. August 3, 2012): “Namely, Kavkazsky N.Y., acting intentionally, attacked one of the police officers who performed his duties and detained participants of the riots, and using violence,

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that was not dangerous to life and health of the latter, gave him at least one hit with left foot into the right forearm”.

From the Court decision d.d. 26.07. 2012 on choosing the preventive measure: “<…> concerning Kavkazsky N.Y. no less restrictive preventive measure than detention can be elected because he is suspected of having committed a serious offense against public order, for which the criminal law provides for punishment up to eight years in prison. Being at large, Kavkazsky N.Y. can in person or through other persons carry out actions aimed at avoiding criminal responsibility, destroy the evidence of criminal activity, as well as otherwise obstruct investigation. Kavkazsky N.Y. is not married, has passport for traveling abroad, and therefore can escape from the bodies of investigation and court. Currently taken investigation and operational measures aimed at establishing possible links of Kavkazsky N.Y. with other participants in the riots that occurred on the Bolotnaya Square in Moscow and the adjacent territory. The above mentioned circumstances are confirmed by the results of special investigation activities, witness statements and other evidence gathered under the criminal case. Age of Kavkazsky N.Y., his marital status and health status allows him to stay in the pretrial detention center. Kavkazsky N.Y. does not belong to the category of persons to whom a special procedure for criminal proceedings in criminal cases is applicable as specified in Chapter 52 of the Criminal Code of the Russian Federation, and because of his health conditions could be held in the pretrial detention centre <…>”.

Kovyazin Leonid Nikolaevich, born in 1986

Freelance reporter for the newspaper “Vyatsky observer”, volunteer of the “Golos” association, works in a theater.

Preventive measure: arrest, arrested on September 5, 2012

Location: PIC # 4, “Medved”

Accused of involvement in the riots (Part 2 of Art. 212 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. September 7, 2012): «<…> Kovyazin L.N. and other persons, unidentified by the investigation, <...> started to turn the cabins of mobile toilets over and then move them into the street, creating an artificial obstacle to movement of the police officers and internal troops of the 106

Ministry of Internal Affairs who performed their duties in maintaining public order and public security, as well as persons being there.

Deliberate actions by Kovyazin L.N. and other unidentified persons destroyed property owned by LLC “EkoUniversal” for a total of 73,800 rubles, namely, 6 cabins of mobile toilets, which were left in unfit conditions for use can not be repaired".

From the Court decision d.d. 07.09. 2012 on choosing the preventive measure: «<…>Kovyazin L.N. is charged with committing a crime against public order relating to the category of serious offenses for which provided imprisonment for a term exceeding two years. Kovyazin L.N. is unemployed, has no social attachment to the community and the region in which the investigation is made, being at large, can escape from the bodies of investigation and court, either in person or through other persons carry out actions aimed at avoiding criminal responsibility, continue to engage in criminal activity, destroy the evidence of criminal activity, as well as otherwise obstruct preliminary investigation, that is confirmed, in the opinion of the investigator, by specific actions of the accused, namely failure to issue documents and things that interest investigators during a search; Kovyazin L.N. escaped the place of crime, that is recorded by videos, does not provide any help to the prosecuting authority in clarifying the circumstances of the incriminated acts.

At present, special investigation activities are conducted, aimed at establishing possible links between Kovyazin L.N. and other active participants in the riots that occurred on the Bolotnaya Square in Moscow and the surrounding area. The above mentioned circumstances are confirmed by the results of special investigation activities, witness statements and other evidence gathered under the criminal case. Age of Kovyazin L.N., his marital status and state of health allow him to stay in a detention center.

<…> Arguments of the accused that he lives alone with his aged grandmother are also taken into account by the court. In this case, the court considers that the mother of the accused Kovyazin L.N., who lives in the same region, could take care of his aged grandmother if needed.

Diseases which he suffers, including myopia, degenerative disc disease, flat feet are not included in the list of diseases approved by the Government of the

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Russian Federation d.d. January 14, 2011 # 3 under which the accused is not allowed to be kept in the detention centre.<…>”.

Kosenko Mikhail Aleksandrovich, born in 1975, disabled person of group II, unemployed.

Preventive measure: arrest, arrested on June 8, 2012

Location: PIC # 2 (“Butyrka”)

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Krivov Sergey Vladimirovich, born in 1961, married and has two school- age children.

Candidate of Physical and Mathematical Sciences, participated in a number of events in support of the prisoners of the Bolotnaya Square near the Investigative Committee, elections observer (“Citizen Observer”).

Preventive measure: arrest, arrested on October 19, 2012

Location: PIC # 1 (“Matrosskaya Tishina”)

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. October 19, 2012): «<…> acting intentionally in order to use violence, hampering police officers to arrest an aggressively minded citizen, grasped hands of a police officer, trying to hinder his movements, and tried to grab a special equipment from the police officer – rubber truncheon ПР-73. <…> used against the representative of the authorities – officer of troop 2 responsive battalion of operational designation squad 4 of Special Forces centre of the Moscow Department of the Russian Ministry of Internal Affairs, Algunov A.I., <...> physical violence not dangerous to his life and health. <…> Krivov S.V., acting intentionally, violently grasped from hands of Algunov A.I., who was in the cordon, a special equipment ПР-73, and then when Algunov A.I. tried to take a special equipment from Krivov S.V., the last hit him not less than 3 times on the wrists, thereby causing physical pain to the victim. <...> 108

grabbed uniforms of the representative of the authorities – commander of troop 3 battalion 1 responsive battalion 2 of the Moscow Department of the Russian Ministry of Internal Affairs, Moiseev D.A., and then pushed him with both hands to the body, causing him physical pain”.

From the Court decision d.d. 19.10. 2012 on choosing the preventive measure: «<…> Krivov S.V. is charged with committing a crime against public order relating to the category of serious offenses for which imprisonment provided for a term up to eight years, that is why no less restrictive preventive measure can be applied for him. Being at large, Krivov S.V. can continue to engage in criminal activity, either in person or through other persons carry out actions aimed at avoiding criminal responsibility, destroy the evidence of criminal activity, as well as otherwise obstruct preliminary investigation. Currently taken investigation and operational measures aimed at establishing possible links of Krivov S.V. with other participants in the riots that occurred on the Bolotnaya Square in Moscow and the adjacent territory. Krivov S.V. in 2012 was repeatedly brought to administrative responsibility. The above mentioned circumstances are confirmed by the results of special investigation activities, witness statements and other evidence gathered under the criminal case. Age of Krivov S.V., his marital status and health status allows him to stay in the pretrial detention center. Krivov S.V. does not belong to the category of persons to whom a special procedure for criminal proceedings in criminal cases is applicable as specified in Chapter 52 of the Criminal Code of the Russian Federation, and because of his health conditions could be held in the pretrial detention centre <…>”.

Lutskevich Denis Aleksandrovich, born in 1992

Former Marine, student at State Academic University of Humanitarian Sciences, Associate Dean of Cultural Studies Department.

Preventive measure: arrest, arrested on June 9, 2012

Location: PIC-5

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 18, 2012): “continuing his involvement in the riots, Lutskevich D.A., <...> used physical force against an 109

officer of platoon 3 troop 3 battalion 4 of the Special Police Force (OMON) of the RR Administration of Moscow Department of the Russian Ministry of Internal Affairs, Troerin A.F., who performed his duties to split the participants of the riots into separate groups, forcibly tore off the helmet of the last”.

Polihovich Aleksey Alekseevich, born in 1990

RSSU student, senior courier of the “Mega-Garant” insurance company, anarchist.

Preventive measure: arrest

Location: PIC-2

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 18, 2012): “Polihovich A.A. hampered the arrest of other participants of the riots, and used physical force against representatives of the authorities, snatching at their uniforms”.

Savelov Artem Viktorovich, born in 1979

Former underground railway employee.

Preventive measure: arrest, arrested on June 11, 2012

Location: PIC # 4

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 19, 2012): “Savelov A.V. interfered with the police, shouting “Down the police state”, grabbed a police officer and tried to draw him “into aggressive crowd”.

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5.2.3. Accused Arkhipenkov O.Y., Baronova M.N., Bahov F.N., Guscin I.V., Kamensky A.A., Kohtareva E.A., Lebedev K.V., Margolin A.E., Razvozzhaev L.M., Rybachenko A.A., Sobolev R., Udaltsov S.S.: charges, preventive measure and the date of arrest, location

Arkhipenkov Oleg Yurievich, born in 1985, married, director of a commercial travel company.

Preventive measure: recognizance not to leave.

Accused of involvement in the riots, part 2 Art. 212 of the Criminal Code of the Russian Federation.

Baronova Maria Nikolayevna, born in 1984, takes care of a five year old son.

In 2006 graduated from the Chemistry Department of Moscow State University, worked in the laboratory of Moscow State University as a research assistant, then – in a chemical company as a sales manager. In 2011 received a diploma of the second higher education, graduating from evening department of Pedagogical Education Department of Moscow State University. Member of the organizing committee of the “Party on December 5”, assistant of the deputy Ilya Ponomarev.

Charged under part 3 Art. 212 (“Calls for mass disturbances”). At a public rally on May 6 Baronova was the coordinator of the press around the scene.

Preventive measure: recognizance not to leave.

Bahov Fedor Nikolaevich, born in 1981, married, has a four year old daughter. Chemist, PhD, head of innovation technologies department of the company affiliated with the Scientific Research Institute, attended meetings in December, and then was an observer at presidential elections.

Preventive measure: recognizance not to leave after 5 months in PIC.

Accused of involvement in the riots, followed by violence (Part 2. Art. 212 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. June 19, 2012): “Ran up to unidentified police officer who conducted the detention of another participant of the public rally, using physical violence, hit him with a kick to the body”.

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Guschin Ilya Vladimirivich, born in 1988.

National-Democrat, active member of the opposition movement.

Preventive measure: arrest, arrested on February 6.

Location: PIC # 1 (“Matrosskaya Tishina”)

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Imputable actions (from the Indictment d.d. February 7, 2012): “<…> used physical force against the troop commander of battalion 4 of the Special Police Regiment of Moscow Department of the Russian Ministry of Internal Affairs, Antonov, who was a part of a group that arrested aggressive citizens. Namely, Guschin acting intentionally in order to use violence hampered the police officers to arrest other aggressive participants of the riots, standing behind Antonov, using physical force, grabbed the “Jetta” clash-helmet and the bulletproof vest of the last and together with unidentified person pulled Antonov to the side, then pushed him in the back with both hands, causing the latter fell to the ground. From these actions by Guschin Antonov experienced physical pain <…>”.

From the Court decision d.d. 07.02. 2012 on choosing the preventive measure: «<…> Guschin I.V. is charged with committing a crime against public order relating to the category of serious offenses for which provided imprisonment for a term more than three years, as well as a crime against public order relating to the category of average gravity. Guschin I.V. is unemployed, does not live at the place of registration, being at large, can abscond during the investigation or trial, either in person or through other persons carry out actions aimed at avoiding criminal responsibility, continue to engage in criminal activity, destroy the evidence of criminal activity, as well as otherwise obstruct preliminary investigation, that is confirmed, in the opinion of the investigator, by specific data, provided by special agents, obtained during the Operational-Investigative Activities, performed under instructions of the investigator.

Currently taken investigation and operational measures aimed at establishing possible links of Guschin I.V. with other active participants in the riots that occurred on the Bolotnaya Square in Moscow and the adjacent territory. The above mentioned circumstances are confirmed by the results of special 112

investigation activities, witness statements and other evidence gathered under the criminal case. Age of Guschin I.V., his marital status and health status allows him to stay in the pretrial detention center <…>”.

Kamensky Alexander Alekseevich, born in 1977.

Single, works in a real estate agency.

Preventive measure: June 20, 2012, after 10 days in PIC in Petrovka str. 38, Alexander Kamensky was released under recognizance not to leave as the investigation has not been able to charge him within the set terms (accusations are to be filed within the 10 days period). He is under recognizance not to leave.

Charges: no charges brought against him, has the status of a suspect.

Suspected of committing crimes under Part 1, 2, 3 Art. 212 of the Criminal Code of the Russian Federation.

Kohtareva Elena Anatolievna, born in 1955.

Preventive measure: recognizance not to leave.

Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

Lebedev Konstantin Vladimirovich, born in 1979.

Preventive measure: house arrest.

Accused of preparing to commit a crime (Part 1 of Art. 30 of the Criminal Code of the Russian Federation) and organization of mass riots (Part 1 of Art. 212 of the Criminal Code of the Russian Federation).

Margolin Alexander Evgenievich, born in 1971.

Graduated from Moscow State University of Printing Arts, Deputy Director of the publishing house Media Center ART, married, has two daughters.

Preventive measure: arrest, arrested on February 20, 2013.

Location: Temporary Detention Centre # 1 in Petrovka str. 38.

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Accused of involvement in the riots, use of violence against representatives of the authorities (Part 2 of Art. 212 and Part 1 of Art. 318 of the Criminal Code of the Russian Federation).

The investigation stated that it has videos, which show that during the clashes of protestants with police Margolin brought an officer of the Special Police Force down to the ground, but no confirmatory videos have been demonstrated.

Razvozzhaev Leonid Mikhailovich, born in 1973

Preventive measure: arrest, arrested on October 22, 2012

Rybachenko Anastasia Alexandrovna, born in 1991.

Former 4th year student of State Academic University of Humanitarian Sciences, activist of the “Solidarity” movement.

Accused of involvement in the riots (Part 2 of Art. 212 of the Criminal Code of the Russian Federation).

On September 11, 2012 the Investigative Committee of the Russian Federation put her on the federal wanted list as suspected of involvement in the riots on the Bolotnaya Square on May 6.

Udaltsov Sergey Stanislavovich, born in 1977

Preventive measure: house arrest.

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Conclusions of the section

Upon the validity of charges:

citizens accused of involvement in the riots and violence against police officers who were on duty as representatives of the authorities (Part 2 of Art. 212 of the Criminal Code of the Russian Federation and Part 1 of Art. 318 of the Criminal Code of the Russian Federation). In decisions stated: “... during the agreed and duly performed march and public rally, unidentified participants of the public rally, violating public order and rules for conducting public events, ignoring the legitimate demands of the authorities ... to stop illegal actions, started to call people to move beyond agreed place of the public rally, non-obedience to legal requirements of police officers and use of violence against the latest, which resulted in the riots. After this part of the public rally participants, falling for the heard illegal calls, during the riots occurred, ignoring the legitimate demands of the police, using physical force, began to try to break through the cordon of police officers and military officers of the Interior troops of the Ministry of Internal Affairs of the Russian Federation, who performed their duties to prevent unlawful acts and not to allow the participants of the mass event outside the agreed territory for the public rally. A large amount of people involved in the riots through proactive aggressive individuals with a pronounced intent to incite hatred against the authorities, were encroaching on public safety through the use of violence and provide resistance to the authorities – police officers”;

the accused are charged that they “... being in the area located between the house # 2 in Serafimovicha str. and the house # 14 in Bolotnaya str. in Moscow, acting deliberately to take part in the riots occurred, aware of the illegality of their actions and wanting it, violating public order and rules of public events, being aware that police officers wearing uniforms are representatives of the authorities and perform their duties in maintaining public order and public security, ignoring their legitimate demands to stop illegal activities ...”, used against officers of Special Police Force, police officers and Interior Ministry troops physical violence (punches and kicks to the head and body, ripping off masks, taking away rubber truncheons, throwing unidentified solid objects, obstructing police “to detain participants of the riots”). These actions are qualified by the investigation under Part 2 of Art. 212 of the Criminal Code of the Russian Federation, providing criminal liability for participating in the riots, as well as Part 1 of Art. 318 of the Criminal Code of the Russian Federation as violence applied against representatives of the authorities, who performed their official duties.

in the charges these riots are classified as the circumstances “caused” by the actions of unidentified participants of public events, but not as such actions themselves committed with direct intent. It is stated “the defendants acted 115

intentionally in order to participate in the riots”. In this case, the description of the specific actions of any of the organizers and/or participants of the riots, which could be described as riots – riots, destruction of property, use of firearms, explosives or explosive devices, armed resistance to police, is not given in charges. It is not specified who the participants of the riots smashed, whose property and how (by means of arson, destruction, etc.) they destroyed, how and what firearms or knives were used, as well as what kind of explosives and explosive devices were exactly used.

episodes of violence, mentioned directly in the charges, in their entirety do not create massive participation and consistency (they are rare).

charges do not state that the actions incriminated the defendants endanger public safety, and what exactly do they violate (if any).

Thus, the charges do not contain descriptions of one's actions subject to qualification as a riot under Art. 212 of the Criminal Code of the Russian Federation.

Upon the validity of preventive measures:

for the most of the accused a preventive measure in the form of detention was chosen, while in court decisions under the “reasons” are stated just links to the list of such reasons, existing in the legislation, without confirming them with any analyzed and confirmed facts and arguments (except for the presence of the international passport and this despite the fact that all passports of the accused were withdrawn during stop-and-search; reports of special agents, who claim that an accused would abscond, presence of foreign “friends” in social networks, and the like “arguments”). Courts did not seem concerned about bringing the reasoning why and how the defendants can influence the course of the investigation, abscond or continue to engage in illegal activity.

in the decisions of courts of selection the detention as a preventive measure no circumstances are given, that are stated in paragraph 1–4 of Part 1 of Art. 108 of the Criminal Code of the Russian Federation (1. Suspect or the accused do not have a permanent residence in the territory of the Russian Federation; 2. His identity has not been identified; 3. He violated the earlier preventive measure; 4. He escaped from preliminary investigation or trial).

these decisions do not provide any argumentation of exclusivity of the cases, which does not allow to apply less restrictive preventive measure.

With the repeated extensions of the terms of custody of prisoners, the courts, contrary to direct requirements of the law, in any case, did not 116

respond to changes in certain circumstances. They essentially replicated the previous decisions, changing only dates in them. In particular, the “reasons” for detention in all cases were the ability to influence the witnesses and destroy evidence, despite the fact that investigation was completed long ago, and now the accused and their defense counsels familiarize themselves with the materials of the case.

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6. Events on May 6, 2012 and their consequences in the coverage by the Russian federal TV channels

Over the past 10 months, from May 6, 2012 to March 6, 2013, three federal channels – “Channel One”, “Russia-1” and NTV showed 213 pieces, which contained references to the events on the Bolotnaya Square in Moscow on May 6, 2012.

Number of such broadcasts was distributed almost equally between the channels: “Channel One” broadcasted 72 pieces, “Russia-1” – 70 pieces, NTV – 71 pieces. These pieces were broadcasted almost simultaneously: one and the same event (information) associated with the investigation of the “riots on Bolotnaya square”, was either broadcasted by all three channels simultaneously or they all kept silence about them. This allowed to suggest that the coverage of the events on May 6, 2012 on federal channels was carefully coordinated from one “center”.

The pieces about the events on the Bolotnaya Square on all three channels were based on a common model.

6.1. Absence of opinion balance

The main (and almost the only one) expert, commented on the events on Bolotnaya square, was the representative of the Russian Investigative Committee, a spokesman Vladimir Markin. He was afforded the opportunity to speak 53 times.

Defense lawyers of the accused were given a floor only twice on the NTV channel. On the “Channel One” the indirect reference to the defense lawyers appeared only once, on November 9, when it came to the trial of Mikhail Kosenko accused of rioting on Bolotnaya Square.

On the channel “Russia-1” references to the defense lawyers (it was about Leonid Razvozzhaev, detained on a charge of riots on the Bolotnaya Square) appeared only on October 22, in the “Vesti” program. Still, not for the defense lawyers to argue in favor of the defendant, but to show how they conflict with each other: in the piece lawyer Volkova criticized lawyer Vlasova.

Federal channels did not give any other references to the lawyers of those who were detained under the case of the events on the Bolotnaya Square.

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Federal channels also did not give the opportunity to opposition leaders, who are considered to be the organizers of the public rally on the Bolotnaya Square, to express their version of what happened. Virtually in every television program they were accused of calling to arrange a sit-down strike, which allegedly triggered the hustle and unrest. However, journalists have never asked the organizers of the action for an explanation why they called people to sit down on the pavement? Was there any reason for that? The reason for these events was formulated by correspondents of these channels “by themselves” – for example, as Anton Vernitsky did in his report dated May 13 in the “Vremya” program (21 p.m.): “Crush is artificially created by the organizers, and if not for a sit-down strike, there was no narrow bottleneck, allegedly arranged by the police at the entrance to Bolotnaya square”. So he reverses cause and effect. Opposition leaders claim that they sat down on the pavement because the bottleneck was formed, but Vernitsky states that it was formed because the leaders sat down on the pavement. The point of view of Vernitsky was presented on TV, and the point of view of the opposition was not.

6.2. General ideological directive: riots were planned in advance by overseas masterminds

Federal channels from the very beginning of coverage of the events that took place on the Bolotnaya Square had a task to show that the riots were planned in advance.

On May 6 Andrey Medvedev, the reporter of the “Vesti” program (08.00 PM), stated: “In all likelihood, the provocation was prepared in advance. Once again he repeats: Not so much a public rally than a provocative action was initially planned”.

On May 8 the same conclusion was made by the Moscow mayor Sergey Sobyanin in the program “News” on the “Channel One”: “It was a planned provocation, and it was initially planned”.

On May 13 the program “Vesti” broadcasted a big report by Anton Vernitsky, which was prepared to prove that the riots were planned in advance. However, the entire system of evidence is based on citing anonymous and highly aggressive messages on the Internet.

Judging by the scarcity of “evidence” presented on TV, that the riots on the Bolotnaya Square were planned in advance, investigators do not have enough 119

material for full criminal cases against the organizers of the public rally on Bolotnaya square. It‟s obvious that this evidence was not provided by interrogations, or by searches in the apartments of participants of the events. That is why on October 5, 2012 the NTV channel broadcasted a film named “Anatomy of Protest-2”. Although this film did not mention directly the events on Bolotnaya square, it intended to undermine the trust of the audience in the leaders of Russian opposition (Sergey Udaltsov and his associates Konstantin Lebedev and Leonid Razvozzhaev), who were allegedly financed by a Georgian politician.

As it turned out, the film itself and the subsequent campaign to promote it to other federal channels were only a preparatory stage. The case on organizing mass riots in the territory of the Russian Federation, which was started based on the film “Anatomy of Protest-2”, for the first time linked to the riots on the Bolotnaya Square in the television broadcast only starting from October 22. Moreover, this linkage was allegedly provided by Leonid Razvozzhaev in his confessions.

On October 28, when it has been already known that Razvozzhaev refused his confessions, the channel “Russia-1”, however, continued to insist on his involvement in the events on the Bolotnaya Square for no good reason.

Only on December 13, 2012 federal channels gleefully reported that they had in their possession “real evidence” that the riots on the Bolotnaya Square were planned and even financed by Givi Targamadze. It was an implied confession of the fact that up to there, there was no evidence. But what facts presented TV this time?

In the morning “News” on the “Channel One” broadcast a huge report that during the day the channel would repeat 5 more times without the slightest change – so great is its value. “There are new evidence in the case on the events on the Bolotnaya square – says the anchor – Investigation Committee of the Russian Federation confirmed that they have incontrovertible evidence that Givi Targmadze not only funded, but also directed the actions of the leaders of Russian opposition. Some of these materials obtained from reliable sources, was at our disposal”.

Cyril Brainin, a correspondent of the channel, introduced viewers to some new recording. He explained that on this record Razvozzhaev, Lebedev and another activist Yury Aymaletdinov discuss with Targamadze the events on the Bolotnaya Square on May 6.

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This part of the conversation he concludes to the audience as follows: “The riots were planned in advance. Participants talk about it openly”. To prove this he provides a new piece of conversation to the audience.

It is obvious that even if this record is original, it does not prove that Targamadze was involved in the planning of the events on the Bolotnaya Square. He only asks what and how was planned, and nothing more. It results from the text of the conversation that Lebedev was convinced of spontaneity of the action, but Razvozzhaev insisted that a day or two before the event was planned, traffic near the cinema “Udarnik” was blocked. However, there were no talks about the organization of riots.

However, on the same day on the channel “Russia-1” also in the morning (“Vesti”, 11.00) it is stated that Givi Targmadze has a direct relation to the events on May 6.

In the 14-o‟clock broadcast of the “Vesti” the anchor has in his text an additional sentence: “Razvozzhaev adds that he and Ilya Ponomarev headed people to Bolshoy Kamenny Bridge, where there were clashes with the police”. Although the “prelisten” provided by the “Channel One” before does not contain such information.

In the 17-o‟clock broadcast of the “Vesti” the correspondent Olga Skabeeva follows with the topic. “Frankly anti-Putin public rally calling for the overthrow of the government is a provocation orchestrated from abroad. The date of the so- called “March of Millions” – May 6 – chosen not by chance – the day before the inauguration. As it turns out the participants of the events are managed over the phone by Targamadze, approximate of Saakashvili, – says Skabeeva – in fact, Russian opposition reports to him after the fights with riot police that were recognized successful”.

The same “discreditable” recording, presented by the “Channel One” is broadcasted on the channel “Russia-1”. On the screen there are three portraits of participants – Razvozzhaev, Lebedev and Targamadze. Transcript of their conversation coincides with one provided by the “Channel One”. But just as on the “Channel One”, all this does not confirm the statements that “Targamadze commanded marching people”.

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Skabeeva continues to comment on the record: “The Chairman of the Parliamentary Committee Targamadze is pleased with the results”. Then she recalled how exactly he was pleased with the results, “Udaltsov and Navalny – at that time the main provocateurs – call not to go away (in confirmation – the sync by Udaltsov on May 6: “Sit down, sit down!”). “Targamadze calls for continuation”, – says Skabeeva...

In the 20-o‟clock broadcast of the “Vesti” these two phrases by Skabeeva (apparently for more clarity) are reversed. Now it is like that. First Skabeeva says: “The former chairman of the parliament Targamadze calls for continuation”. And only after that add the sync by Udaltsov: “Sit down, sit down!”

However, the audience is presented with no evidence that Udaltsov shouted “Sit down” with the command by Targamadze, who allegedly “called for continuation”, except for unsubstantiated allegations by Skabeeva neither in the first version nor in the second version of the report.

Later in the same report Vladimir Markin, representative of the Investigation Committee, said that Targamadze “commanded” the events on Bolotnaya square. But again it is not explained how the participation of Targamadze in the events on the Bolotnaya Square is confirmed. The viewer, who took on trust words of a correspondent Skabeeva, now is to take on trust words of the Investigation Committee representative Vladimir Markin.

However, in the 20-o‟clock broadcast of the “Vesti”, when the report by Skabeeva will be repeated once more, even more categorical lead-in would be presented: “The scenario of the riots on the Bolotnaya Square is written in Georgia. The Investigation Committee has evidence that the clashes in the capital were managed from abroad actually in real-time. This is a record of phone calls and text messages from the Internet”.

Later in the same report in order to show a systemic character of “conducting” the actions of Russian opposition, the reporter Skabeeva goes to the events of June 12 when the “March of Millions” took place. Here she makes quite comical gaffes that perfectly demonstrate the methodology of preparation of such reports: whip up a sketch using any materials that resemble “damaging evidence”, not caring about their authenticity. The absence of real evidence is compensated by aggressively-incriminating intonations of correspondents of federal channels.

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6.3. Common task for personal discredit of the organizers of the public rally on the Bolotnaya Square on May 6 and its ordinary participants

Coverage of the events on the Bolotnaya square by federal channels is presented in a form of a campaign that is aimed personally against the organizers of the protest rally. Meanwhile Sergey Udaltsov and his supporters from the “Left Front” were described as “Georgian puppets”; Kseniya Sobchak and Ilya Yashin were described as people who have “black” money received from unknown sources intentionally for the implementation of the “revolutionary activities”. At least 10 times all federal channels showed a safe in the apartment of Kseniya Sobchak, packed full with envelopes with dollars, euro and rubles. At the same time, they aggressively insisted that “Sobchak and Yashin live together”. A special edition of the program “Odnako” on the “Channel One” was devoted to discredit of Aleksey Navalny (July 18): From the point of view of Mikhail Leontiev, the host of the program, he is “a hired well-paid businessman in the field of corruption”.

Characteristics of ordinary participants of the events were also compiled the way so that these people do not inspire public confidence. Mikhail Kosenko “suffers from mental illness”, “recognized insane by the expertise”, Andrey Barabanov – “unemployed”. Maksim Lousianin is “the entrepreneur, who had previously been prosecuted for extortion”, the like about (“previously convicted director of a travel company”) Oleg Arkhipenkov.

Only occupation of Alexey Polikhovich (it is mentioned that he is “a student of Russian State Social University”) and Artem Savelov (“athlete”) do not have a pronounced negative connotation. Nothing is said about professional activities of other detainees. For example, it is not mentioned that Richard Sobolev works as an electrician, and Denis Lutskevich served in the Marine Corps (that is why the Union of sailors stood up for him).

There are detainees, whom federal channels do not mention at all, not even their names. This is a freelance reporter for the newspaper “Vyatsky observer” Leonid Kovyazin (the governor of the Kirov region Nikita Belikh applied for his release), chemist Fedor Bachov, candidate of technical sciences Sergey Krivov, Oleg Guschin and Alexander Margolin.

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6.4. Manipulations with pictures to give the piece more accusatory character

An illustrative base used by national TV channels in order to emphasize the particular aggressiveness of participants of the events on Bolotnaya Square against the police has been extremely scarce.

The “Channel One” in order to illustrate the aggression of the protesters reused a shot under the logo Nevex TV, where a woman dressed in green camouflage throws a bottle that apparently hits nobody, nevertheless, she is arrested (May 13, May 15, June 9 and 11, October 23 – “Vremya” and “News”, “Channel One”). Apparently, this woman was not among those persons who have been charged afterwards.

TV companies do not have shots that clearly fixed violence against police officers, carried out by specific persons at their disposal. There is only one video example they presented: one of the demonstrators pushes policeman and one protester kicks him.

At first, these shots were commented without regard to those persons who are visible on them. Thus, “News” program on channel “Russia-1” (May 20) accompany them with such text: “One of the police officers gets stabbed with a knife in a bulletproof vest. Here starts the actually planned fight”. Still shots only show how people push this riot policeman. But it will remain unclear: was this policeman “stabbed with a knife”?

On May 30, when TV channels reported the arrest of Maxim Lousianin and Andrey Barabanov (ordinary participants of the events on Bolotnaya square), it becomes clear that the shots when the policeman was beaten will be connected with them.

Here is how Alexander Balitskiy, the correspondent of the “Russia-1” channel, interprets these shots (June 3, “News”, 20.00): "They were found based on the videos. With slow-motion playback we can see: Barabanov beats, then kicks the police officer (in fact, the audience does not see who beats and kicks the police officer). Meanwhile a man in a mask with good bulging biceps, which can be seen near him, is, perhaps, Lousianin”.

The second video evidence that police officers suffered during the events on the Bolotnaya Square will be the shot of a tall policeman guides a smaller one,

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holding him on the neck, – it looks as though the one who was a victim of the above clash.

No other shots that could prove physical damage done to police officers have been demonstrated. This is despite the fact that according to all federal channels dozens of police officers were injured during the riots. Furthermore, this figure increased from program to program.

Evidence-based video database for other individuals accused of using violence against the police, has also proved extremely unconvincing. For instance, one of the first who was arrested on suspicion of using violence against the police was 18-year-old Alexandra Dukhanina. Video evidence of her guilt, the TV channels are trying to produce, is very questionable. Equally unconvincing are video records using which TV channels are trying to prove the guilt of Michael Kosenko and Stepan Zimin, arrested at the same time on suspicion of using violence. Here these few obscure episodes of video evidence against specific detainees, at least on the federal channels, end.

Thus, we can conclude that the investigators had enough evidence of Maxim Lousianin to participate in beating of the police officer (perhaps that is why he at once confessed, in addition, the TV channels have repeatedly stressed that he has an outstanding conviction, which clearly made him more vulnerable). There are shots on which there is Barabanov (if it is proved that it was him). There is evidence that Michael Kosenko was in the midst of the clash (if you believe that the person that is marked with the red circle (see link XII) is really him). The investigators also have indirect evidence of a possible guilt of Dukhanina. But it is clear that there are no shots confirming the guilt of Zimin (and he is also accused of using violence).

All further reports of arrests are not proved by TV channels with video evidence against the detainees, the TV only enumerates them.

On June 9, “Channel One” reported that Denis Lutskevich and Yaroslav Belousov were arrested. However, no video recordings with their involvement in the riots were demonstrated, but it was merely stated that, according to investigators, they “threw stones and pieces of pavement at police, broke through the cordon and tried to attack the police officers”.

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On June 14, NTV would name 5 more arrested on charges of rioting on Bolotnaya square: Oleg Arkhipenkov, Vladimir Akimenkov, Richard Sobolev, Artyom Savelyev and Alexander Kamensky.

On July 26, channels “Russia-1” and NTV would report that two more participants were detained – Nikolay Kavkazsky and Alexey Polikhovich.

On November 9, “Channel One” and NTV would report about the beginning of trial of Maksim Lousianin and Mikhail Kosenko. They explain that since Lousianin admitted himself guilty, the case was heard without questioning witnesses and examination of evidence. Lousianin will be sentenced to four and a half years. It would be reported that public prosecutor's office asked to send Mikhail Kosenko for forced psychiatric treatment. It is announced that his trial will continue on November 28.

However, the reports on November 9, 2012 were the last mention on federal channels of ordinary defendants under the case of the events on the Bolotnaya Square on May 6. It is likely that the decision was made: not to tell the audience anything more about these people who are mostly accused under Part 2 of Art. 212 (participation in mass riots) and Art. 318 (use of violence against representatives of the authorities). Perhaps, it is because the TV channels have nothing to illustrate their guilt. The only witnesses of their cases, according to what was said on TV, are the officers of security forces.

Conclusions of the section

1. Coverage by federal channels of the events of May 6 on the Bolotnaya Square and the following arrests of participants of these events is obviously coordinated from a single center. This is indicated by almost equal number of pieces on the topic on all three channels – “Channel One”, “Russia-1” and NTV – and the fact that all these pieces were broadcasted almost in the same days. Then the channels simultaneously made a pause in the coverage of the “Bolotnaya square” case (for example, from August 3 to November 9, and then – from November 9 to present time, there was no mention of the ordinary detainees under this case). At the same time new newsworthy information has been slurred over – regular arrests (none of the channels mentioned the detention and later fasting of the scientist Sergey Krivov (January 2013), nothing was said that in February 2013 Oleg Guschin and Aleksander Margolin were arrested).

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The coverage of the events on the Bolotnaya Square has a “centralized” nature due to the fact that all news programs were based on the same principle: extremely biased and one-sided presentation of materials.

2. All three major federal channels of Russia – “Channel One”, “Russia-1” and NTV – in covering the events on the Bolotnaya Square on May 6 performed a single task: to discredit the organizers of the march and public rally, to inspire people thought that the protest action was funded and managed from abroad (this is especially important due to the fact that the action took place the day before the inauguration of Vladimir Putin).

To be proved that the “anti-Putin” sentiments can only be burnt from the outside – Russian society itself does not have them. That is why the events on Bolotnaya Square are “tied” to the Georgian politician Givi Targamadze. But as no evidence existed that Targamadze led the events on May 6, the federal channels are trying to pervert the meaning of overheard conversations between Russian opposition and Georgian politician in favor of this version.

3. Federal channels obviously aimed at creation an atmosphere of rejection of ordinary participants of the events in the society, to show that this is an aggressive, marginal part of the population in order to create the necessary background for the trials, where, obviously, will be presented very weak evidence base. “Previously convicted”, “unemployed”, “mentally ill” – these are the typical characteristics of those who were detained after the events of May 6.

It is clear that at some point (early November 2012) for all federal channels a centralized decision is adopted to stop telling a wide audience about new arrests of ordinary participants of the events on the Bolotnaya square on May 6. TV channels also stopped telling about the trials of those who were arrested earlier under this case. Most likely, for two reasons: because of apparently inconclusive evidence of these processes, and in order not to arouse sympathy in the community to these people. The coverage highlights only those Russian politicians who communicated with Givi Targamadze (and hence logic of state TV channels suggest that they are the “enemies of Russia”) – Udaltsov, Lebedev and Razvozzhaev, and at the very Targamadze.

4. Noteworthy is extremely scanty basis of video evidence presented by TV channels as alleged confirmation of guilt of the detainees. As public and pro- government Russian television works in direct conjunction with the Investigative

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Committee of the Russian Federation, actually being his mouthpiece, this suggests that investigation does not have a heavy video-base, which would clearly indicate the fault of persons under arrest in connection with the events in Moscow on May 6.

Thus, it becomes clear why on December 7 the apartment of Roman Kostomarov, operator of NTV and co-author of the documentary film “Term” about the opposition, was searched and the materials withdrawn – the investigation apparently did not have enough evidence to feel confident in the trial of the accused of the “violence”.

5. Federal television channels are apparently to compensate the weakness of the legal charges against the participants of the events on the Bolotnaya Square on May 6 with ideological pressure both on the court and their huge audience.

That is why while covering these events, all professional requirements and standards that need to provide different points of view on the conflict have been violated. The pieces had purely one-sided nature of the conviction, the audience in general was not made aware if there were at least some arguments in favor of those accused of organizing mass riots and use of violence against representatives of the authorities.

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7. Findings of the Commission

7.1 Answers to the questions posed to the Commission

Having collected and analyzed a great number of stories of the participants of the events and other information, having compared them with numerous videos, having compared the collected data with the Constitution, international legal acts and the legislation of the Russian Federation, the Commission unanimously and responsibly have come to the answers to the questions posed to the Commission in order to decide on the December 12 Roundtable.

Question 1:

Did the riots occur, and were the riots organized before the mass public event on May 6, 2012 or during it?

Answer:

No, during the events on May 6, 2012 no riots occurred. There were individual acts of self-defense by some of the protesters against police officers, which should be qualified as necessary self-defense, provoked by illegal encroachment of the police on the constitutional right of citizens to participate in peaceful meetings, provoked by aggressive, unmotivated, illegal actions of the authorities that were hazardous to health of protesters.

Question 2. What was the role of law enforcement authorities in the occurrence of accidents that took place on May 6, 2012 in Moscow?

Answer:

Collected facts conclusively prove that clashes of protesters with law enforcement authorities were caused by massive intentional actions of the authorities. Among them:

1. Nobody expected the appearance of Special Police Forces (OMON), Interior troops of the Ministry of Internal Affairs and the police inside the perimeter of the agreed public event, about which neither the organizers nor the participants of the event were informed and they were not ready to it.

2. Law enforcement authorities created obstacles to movement of the column to the public rally. 129

3. Deliberate provocative actions aimed at increasing the congestion while creating obstacles to the people to leave the venue of the public rally. This has created a danger to health of participants of the event and was the main reason that caused response from demonstrators.

4. Mass arrests of people who were snatched at random from the mass of demonstrators and without regard to any actions of the detainees. This created a general sense of insecurity and the need to protect themselves from total lawlessness.

5. Disproportionate and unlawful use of violence against the participants of a peaceful public event was another reason for defensive response on the part of some participants of a peaceful and agreed event.

Question 3.

Why did the peaceful march escalate into clashes between the police and the protesters?

Answer:

The primary reason was one-sided and inconsistent with the organizers of a public event change of the agreed in advance scheme of the event on May 6 by city authorities and police forces. This was reflected in closure of a part of the agreed place where it should take place by Special Police Forces, Interior troops of the Ministry of Internal Affairs and the police, as well as in putting additional “frames” for the participants of a public event in the area of the passage to the meeting, which created obstacles for citizens to exercise their constitutional rights.

All clashes can be divided into two categories. The first is illegal, dangerous to health of participants of the event actions of Special Police Forces and Interior troops of the Ministry of Internal Affairs that created obstacles for citizens to exercise their constitutional rights. These actions of law enforcement authorities provoked responsive actions from participants of a peaceful event. The second category is the provocative actions of unknown people (none of them were arrested and brought to justice) in masks, acting under the cover of Special Police Forces, as there was irrefutable video evidence.

It is important to emphasize that during this procession the absence of the working contact between the organizers of a public event, on the one hand, and the

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persons authorized by the municipal authorities and law enforcement bodies on the other was first detected during the event. The main culprit for the lack of such contact are the city authorities and law enforcement bodies.

7.2 Commission's opinion on other matters relating to the events of May 6

Data collected by the Commission provide a basis to express the following opinion on a number of other questions that reveal the content and nature of events on May 6, 2012 in Moscow.

1. The Commission believes that fair investigation of the events on May 6, 2012 is impossible without a proper assessment of the actions (or inaction) of the city authorities and law enforcement authorities, which are required by law to “assist to carry out a public event”, ensure “public order and security of citizens at a public event”.

2. The Commission notes that the actions of law enforcement authorities were deliberately aimed at the mass and unmotivated arrest of protesters. Mass arrests were to create the impression of mass unrest. This is confirmed by all the data, including numerous detentions outside the venue of the public rally, when protesters were leaving.

3. As a result of deliberate illegal actions of law enforcement authorities, numerous threats to life and health of citizens participating in the public rally have been created. Many of them needed help, representatives the authorities did not provide it, but also hindered the provision of such assistance. Only under the pressure from protesters officials in exceptional cases did not interfere with the provision of medical care to those citizens who needed it.

4. Noteworthy is especially aggressive reaction of representatives of the authorities to cases when the protesters pointed to the illegality of their actions. Many of the detainees on the Bolotnaya Square and beyond the area found themselves in paddy wagons for this very reason. Even more inadequately severe reaction occurred in response to attempts of citizens to stop the illegal actions of representatives of the authorities who were severely beating defenseless people.

5. The Commission considers the description of the events on 6 May 2012 and the investigation of the case of May 6, presented by Russian federal TV channels, to be biased with politically engaged character.

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6. The Commission considers that the investigation of the “Case of the May 6” is biased and politically engaged, charges are illegal, preventive measures against the accused are illegal as well.

7.3 Violations of the Constitution of the Russian Federation, the international obligations of the Russian Federation and the laws of the Russian Federation

The Commission notes that the actions of the authorities on the actions that implement the right of citizens “to gather peacefully, without weapons, hold meetings, public rallies, demonstrations, marches and pickets” for the first time in 25 years is marked with unprecedented brutality, pervasive violence and massive violation of the law. Below in this section a list of acts that have been violated by the authorities on May 6 and thereafter, during the investigation and court proceedings is presented.

7.3.1 Violations of the Constitution of the Russian Federation

Article 2

«Man, his rights and freedoms are the supreme value. The recognition, observance and protection of the rights and freedoms of man and citizen shall be the obligation of the State»

Article 31

«Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, meetings and demonstrations, marches and pickets»

in conjunction with art. 15, 17, 18, 19, 45

art. 15:

par. 1 «The Constitution of the Russian Federation shall have the supreme juridical force, direct action and shall be used on the whole territory of the Russian Federation …»;

par. 2 «The bodies of state authority, the bodies of local self-government, officials, private citizens and their associations shall be obliged to observe the Constitution of the Russian Federation and laws»;

par. 4 «The universally-recognized norms of international law and international treaties and agreements of the Russian Federation shall be a component part of its legal system. If an international treaty or agreement of the Russian Federation fixes other rules than those envisaged by law, the rules of the international agreement shall be applied»

art. 17

par. 1 «In the Russian Federation recognition and guarantees shall be provided for the rights and freedoms of man and citizen according to the universally recognized principles and norms of international law and according to the present Constitution»;

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par. 3 «The exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of other people»

art. 18

«The rights and freedoms of man and citizen shall be directly operative. They determine the essence, meaning and implementation of laws, the activities of the legislative and executive authorities, local self-government and shall be ensured by the administration of justice»

art. 19

par. 2 «The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of … convictions…»;

par. 1 «Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.

par. 2 No one shall be subject to … violence...»

art. 45

par. 1 «State protection of the rights and freedoms of man and citizen shall be guaranteed in the Russian Federation»

7.3.2 Violations of the European Convention on Human Rights

Article 11. Freedom of assembly and association

par. 1 «Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests».

par. 2 «No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. this article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State».

7.3.3. Violation of the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights

The Universal Declaration of Human Rights that was adopted by the UN General Assembly on December 10, 1948.

Article 20

«1. Everyone has the right to freedom of peaceful assembly and association»

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International Covenant on Civil and Political Rights (December 16, 1966)

Article 21

«The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others».

7.3.4 Violations of Law No. 54- ФЗ “On Meetings, Rallies, Demonstrations, Marches and Pickets” dated June 19, 2004

Article 12. Duties of the executive authority of the constituent entity of the Russian Federation or of the local self-government body.

«par. 1 The executive authority of the subject of the Russian Federation or the municipal body, upon receiving notice of the public event, must:

… 2) deliver to the promoter of the public event, within three days from receipt of the notice on holding the public event … a well-motivated proposal to alter the place and/or time of holding the public event …

3) … appoint its authorized representative for purposes of offering assistance to the promoter of the public event in the holding of the public event as is provided under this federal law. The appointment of the authorized representative shall be formalized with a written order that shall be forwarded in good time to the promoter of the public event and internal security body for organization and proper maintenance of public security of the participants of the public event and others … <…>

5) enforce, within its respective competence and jointly with the promoter of the public event and the authorized representative of the internal security body, public order and security of citizens in the process of holding the public event and also provide them, in case of need, with urgent medical aid».

Article 13. Rights and obligations of the authorized representative of the executive authority of the constituent entity of the Russian Federation or the local self-government body

para. 2 «The authorized representative of the executive authority of the constituent entity of the Russian Federation or the local self-government body shall be obligated:

1) to attend the public event;

2) to give to the promoter of the public event assistance in its holding;

3) to ensure, jointly with the promoter of the public event and the authorized representative of the internal security body public order and security of citizens and also observance of legality in the process of its holding».

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Article 14. Rights and obligations of the authorized representative of the internal security body

par. 1 «At the suggestion of the executive authority of the constituent entity of the Russian Federation or the local self-government body, the chief of the internal security body that is servicing the territory (premises) in which it is planned to hold the public event, shall be obligated to appoint an authorized representative of the internal security body for purposes of rendering assistance to the promoter of the public event in maintaining public order and security of citizens. The appointment of the representative shall be formalized with an order of the chief of the internal security body»;

par. 3 «The authorized representative of the internal security body shall be obligated:

1) to give assistance in holding the public event within his respective competence;

2) to ensure, jointly with the promoter of the public event and the authorized representative of the executive authority of the constituent entity of the Russian Federation or the local self-government body, public order and security of citizens and observance of legality when holding the public event».

7.3.5 Violations of Law No. 3- ФЗ “On the police” dated February 7, 2011

Article 1. The Intended Purpose of the Police

«1. The police is intended for protecting the life, health, rights and freedoms of citizens of the Russian Federation, foreign citizens and stateless persons (hereinafter also referred to as "citizens" or "persons"), countering crime, enforcing law and order, protecting property and ensuring public safety».

Article 2. Main Lines of Activities of the Police

«1) the protection of the person, the society and the state against wrongful encroachments; <…>

6) the maintenance of law and order in public areas».

Article 5. Observing and Respecting Human and Citizen's Rights and Freedoms

«1. The police shall pursue its activities on the basis of the observance of and respect for human and citizen's rights and freedoms.

2. The activities of the police which restrict the rights and freedoms of citizens shall be immediately stopped if the lawful objective has been achieved or if it has been discovered that the objective cannot or is not to be achieved by means of restricting the rights and freedoms of citizens.

3. Police officer is prohibited to resort to torture, violence or another cruel or denigrating attitudes. Police officer shall stop the actions whereby pain, physical or moral suffering is being deliberately caused to a citizen.

4. While addressing a citizen a police officer:

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1) shall announce his position, rank and surname, show his service identity document if requested by the citizen, and thereafter announce the reason and purpose of the address;

2) if measures are applied to the citizen whereby his rights and freedoms are restricted, shall explain to the citizen the reasons and grounds for the use of such measures and also the rights and duties of the citizen occurring in connection thereto.

5. When a citizen is addressing him/her a police officer shall announce his position, rank and surname and attentively listen to the citizen and take relevant measures within the scope of his powers or explain who is competent to resolve the issue raised.

6. The information received as the result of the police's activities about the private life of a citizen shall not be provided to anyone without the citizen's voluntary consent, except for the cases envisaged by a federal law.

7. The police shall provide each citizen with an opportunity for familiarizing himself with documents and materials directly affecting his rights and freedoms, except as otherwise established by a federal law»

Article 6. Rule of Law

«1. The police shall pursue its activities in strict compliance with the law.

2. Any limitation on the rights, freedoms and lawful interests of citizens and also on the rights and lawful interests of public associations, organizations and officials is admissible only on the grounds and in the procedure envisaged by a federal law.

3. Police officer is hereby prohibited to incite, coerce or urge either directly or indirectly anyone to commit actions contravening the law.

4. When on duty, to justify their actions (omissions) police officer is not entitled to refer to the interests of service, economic feasibility, illegal demands, orders and instructions of higher officials or any other circumstances.

5. Measures of state enforcement may be used by police to execute the duties and realise the rights of the police only in the cases envisaged by a federal law.

6. The federal executive governmental body in the area of internal affairs shall ensure control over the legality of decisions and actions of police officials»

Article 7. Impartiality

«1. The police shall protect the rights, freedoms and lawful interests of a human being and citizen, irrespective of … convictions, membership in public associations…»

Article 9. Public confidence and support of the citizens

«1. The police carrying out its activities seek to ensure public confidence and support of the citizens.

2. Actions of the police officers should be reasonable and clear to the public».

Article 12. The Duties of the Police

«1. The following duties are hereby vested in the police: <…> 136

6) to ensure jointly with representatives of executive governmental bodies of subjects of the Russian Federation, local self-government bodies and the organizers of meetings, rallies, demonstrations, marches and other public events (hereinafter referred to as "public events") the safety of citizens and public order, to render assistance in accordance with the legislation of the Russian Federation to the organizers of sport events, shows and other mass events (hereinafter referred to as "mass events") in ensuring the safety of citizens and public order at the places where these events take place».

Article 14. The Detention

«1. The police shall protect everyone's right to freedom and personal immunity. Before a court's decision in the cases established by the present Federal Law and other federal laws a person shall not be detained for a term exceeding 48 hours. <…>

14. A report shall be drawn up in respect of detention as containing the date, time and place of its being drawn up, the position, surname and initials of the police officer who drew up the report, information on the detainee, the date, time, place, grounds and reasons for the detention, and also the fact of the detainee's close relatives or close persons having been notified. <…>

16. Detainees shall be kept on premises specifically designated for that purpose under guard in conditions precluding a threat to their life and health. The housing conditions, food standards and the procedure for rendering medical services to detainees shall be defined by the Government of the Russian Federation. Before being placed in specifically-designated premises and after the end of the detention period detainees shall be inspected and the results of the inspection shall be entered in the report on detention».

Article 16. Cordoning-off (Blocking) Sites, Dwellings, Structures and Other Installations

«1. The police shall protect the right of free movement of everyone who legally stays on the territory of the Russian Federation. A restriction by the police of citizens' freedom of movement is admissible only in the cases envisaged by the present Federal Law and other federal laws.

2. By a decision of the head or acting head of a territorial body the police is entitled to cordon off sites:

1) when the aftermath of accidents, natural and man-made disasters and other emergencies is being eliminated, when quarantine measures are under way during an epidemic and/or epizootic;

2) when measures are being taken to stop mass disorders and other acts disrupting transport traffic and the operation of communication facilities and organizations;

3) when search is under way for persons who have escaped from custody and persons who are evading serving a criminal sentence;

4) when pursuit is under way of persons suspected to have committed a crime;

5) when a counterterrorist operation is under way and when information about the discovery of explosives or explosion devices or poisonous or radioactive substances is being verified.

3. When sites are cordoned off (blocked) vehicle and pedestrian traffic may be restricted or banned if its required to ensure the safety of citizens and law and order, conduct investigation, operative search, protect the

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scene of a crime or administrative offence, the scene of an accident and also to protect pieces of property which are endangered»

Article 19. Procedure for the Use of Physical Force, Special Means and Firearms

«1. Before using physical force, special means or firearms, a police officer shall inform the persons in respect of whom he/she intends to use physical force, special means or firearms that he/she is a police officer, warn them of his intent and provide them with an opportunity and time for performing the legal demands of the police officer. If physical force, special means or firearms are used by a unit (group) said warning shall be given by one of the police officers who are included in the unit (group).

2. The police officer is entitled to abstain from warning of his intent to use physical force, special means or firearms if a delay in the use thereof poses an immediate threat to the life and health of a citizen or a police officer or can cause grave consequences.

3. While using physical force, special means or firearms the police officer shall act with due regard to the prevailing situation, character and degree of actions of the persons to whom physical force, special means or firearms are applied, and the character and force of the resistance rendered by them. While doing so, the police officer shall strive to minimise any damage.

4. The police officer shall render first aid to a citizen who has got bodily injuries as the result of the use of physical force, special means or firearms and also take measures for providing him/her with medical assistance as soon as possible.

5. Notification of infliction of bodily injuries as the result of the police officer using physical force, special means or firearms shall be given by the police to close relatives or close persons of the citizen as soon as possible but in any case within 24 hours.

6. Notification shall be provided to a procurator within 24 hours of each case when a citizen is wounded or dies as the result of a police officer using physical force, special means or firearms.

7. The police officer shall preserve the scene of a crime an administrative offence or the scene of an accident as it was if the result of his using physical force, special means or firearms a citizen has been wounded or has died.

8. About each case of the use of physical force resulting in harm to the health of a citizen or material damage to a citizen or an organization, and also about each case of the use of special means or firearms the police officer shall inform his direct supervisor or the head of the nearest territorial body or unit of the police and submit a relevant report within 24 hours after the time when they were used.

9. As a member of a unit (group) a police officer shall use physical force, special means and firearms in accordance with a federal law as governed by orders and instructions of the head of that unit (group)»

Article 20. Using Physical Force

«1. In the following cases a police officer is entitled to use, either in person or as a member of a unit (group), physical force, including for instance combat fighting techniques, if non-violent means do not guarantee the execution of the duties vested in the police:

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1) to stop crimes and administrative offences;

2) to deliver the perpetrators of crimes and administrative offences to the service premises of a territorial body or unit of the police, the premises of a municipal body or other service premises and to detain them;

3) to overcome resistance to legal demands of police.

2. The police officer is entitled to use physical force in all cases when the present Federal Law allows to use special means or firearms»

Article 21. Using Special Means

«1. In the following cases a police officer is entitled to use, either in person or as a member of a unit (group), special means:

1) to ward off an assault against a citizen or a police officer;

2) to stop a crime or administrative offence;

3) to stop resistance offered to police;

4) to apprehend a person who is caught as he/she was committing a crime and who is trying to escape;

5) to apprehend a person if that person can offer armed resistance;

6) to deliver to the police, escort and guard detainees, persons in custody, persons subjected to an administrative penalty in the form of a administrative arrest and also to stop an attempt at escaping, if the person offers resistance to police or causes harm to surrounding people or himself/herself;

7) to release persons detained by force, captured buildings, premises, structures, vehicles and land plots;

8) to stop mass disorders and the other wrongful actions disrupting transport traffic and the operation of communication facilities and organizations;

9) to stop a vehicle whose driver failed to comply the demand to halt issued by a police officer;

10) to detect the persons who are committing or have committed administrative offences;

11) to protect guarded installations, block the movement of groups of citizens committing wrongful actions.

2. The police officer is entitled to use the following special means:

1) special batons in the cases envisaged by Items 1-5, 7, 8 and 11 of Part 1 of the present article»

Article 22. Bans and Restrictions Relating to the Use of Special Means

«1. Police officer is hereby prohibited to use special means:

2) in respect of women with apparent signs of pregnancy, persons with apparent signs of disability and minors, except for cases when said persons offer armed resistance, commit a group or another assault threatening the life and health of citizens or a police officer. 139

2. Special means shall be used with due regard to the below restrictions:

1) the special baton shall not be used to deliver blows to human head, neck, collar-bone area, abdomen, genital organs and heart projection area».

7.4. The Events of the 6th of May: the Version of the Commission

At present, the authorities impose the public a version of the events associated with May 6, 2012, which can be briefly described as follows. There is a group of individuals who purposefully and in their political interests prepared riots on Bolotnaya Square. Events of the 6th of May which are the riots were the result of this preparation. This is a completely untenable and unsubstantiated version which can be easily disproven by any impartial court, if such a hearing of the like case could take place in modern Russia.

The evidence collected by the Commission provides reasonable grounds to put forward another version of the events of May 6, 2012. The mass lawlessness on the part of the authorities irrefutably testified for by the facts may have two explanations. The first is an excess of performers. The second is a pre-planned action. The Commission believes that the latter explanation is true and this explanation is our proposed version.

1. A large set of facts points to a pre-planned nature of the mass lawlessness. It is sufficient to remind of the following:

• It‟s been the first time when there were no interaction between the authorities and the organizers of the action in the campaign;

• Technical equipment necessary for the mass detention of an unprecedented scale was concentrated in advance;

• There were no statutory markings on uniforms of the members of the security forces. Such a massive violation of the law is possible only in case of a centralized preparation for it. Unlawful absence of markings planned in advance can serve only one purpose: an unpunished violation of laws;

• here is much evidence of coordinated interaction between the forces of law and order and provocateurs who penetrated the arrays of the protesters;

• It is important to remember that disassembled and carefully folded blocks of asphalt were found unexpectedly for the organizers of the action. Then such

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blocks were used by provocateurs to throw at the representatives of the law enforcement bodies;

• According to the information given in the “Report on the results of ensuring public order and safety in Moscow on May 6, 2012” signed by the deputy chief of the Directorate for the Protection of Public Order of the MIA of Russia for Moscow, police colonel D. Deynichenko (annex 1 to Section 7), the police fixed 8,000 participants of the meeting (when the declared number was 5,000). However, the forces of law and order were 12,759 people according to the Report;

• One-sided coverage of the action, which is proven by the same materials being copied, by the controlled mass media also indicates to the preliminarily planned character of the mass lawlessness on the part of the authorities.

2. It is inconsistent to assume that the unprecedented force preparation for the action of the 6th of May could be stipulated by the presence of some preliminary current information. If there were any grounds for concern, they would have to be discussed with the organizers of the action first of all, which did not happen. At present, the investigation bodies have only the evidence that they understand as supporting the government's version. Presence of serious and reliable current information about the intentions of certain individuals that represent a serious threat to public safety would reduce a preventive isolation of such individuals. It has been practiced before and being practiced so far regardless of the extent of the threat. All (or nearly all) of the activists who is charged with preparation of the riots were present at the action of the 6th of May. In the presence of preliminary information, such an unusual fact (it means lack of preventive isolation) must be considered as a deliberate provocation. Finally, to prevent the intentions of individuals to sit on the pavement or to pitch tents (the law enforcement bodies could have the information about these intentions in advance), it is not necessary to use any troops, nor massive illegal violence. In addition, the action of “sitting on the pavement and pitching tents” does not belong to the category of riots. Thus, the presence of huge security forces centered around the venue of the public agreed actions cannot be explained by the concern of preventing riots, but it is the evidence in favor of the version submitted by the Commission.

3. The Commission is convinced, and this conviction is supported by numerous facts, that the illegal and planned-in-advance actions of the forces of law

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and order in the Bolotnaya Square and the surrounding area had the following goals:

• to scare people;

• to cause panic;

• to provoke the participants of the action to make response actions against representatives of law and order;

• to create conditions for bringing charges in the riots;

• to justify mass lawlessness and violence.

It is well-known that panic begins in the crowd when the latter is squeezed and does not have possibility to go out. It is systematically carried out by law enforcement agencies, ranging from an unexpected transfer of cordon chain sharply limiting the space of the rally. After that, a targeted “squeezing” of the crowd carried out. Simultaneously, the first comers were pulled out from the crowd, suddenly mass beatings began aimed at strengthening the panic and provoking response protective actions of demonstrators. It must be added that deliberate anonymity of the perpetrators of mass lawlessness contributed to the growth of unmotivated aggression.

It is necessary to pay close attention to the fact that at the stage of determining preventive measures, the investigation agencies (before clarifying all the circumstances of the case, without any descriptions by the accused of their own actions) incriminated to them both an intent and participation in the riots. It also confirms the preliminary planning and purposefulness of the actions of the representatives of the authorities.

4. Putting forward its own version, the Commission counts itself obliged to try to explain the reasons that made the law enforcement agencies initiate massive violation of the law. It is to be recalled that the public action of the 6th of May in 2012 was directed against falsification of the latest parliamentary and presidential election results. Consequently, this action questioned the legitimacy of both the presidential election and the person who had to take an oath during his inauguration at the Kremlin the next day. It also bears reminding that the question of illegitimacy of the acting government has become one of the main topics of the protest. The public success of such an action in the run up to the inauguration could

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have long-term negative political consequences for V. Putin. The fear caused by the awareness of his own illegitimacy was the main reason that pushed authorities to use mass lawlessness as a political facility designed to restrict and reduce the protest insisting on this illegitimacy. This fear has found a graphic confirmation in the picture of empty Moscow where a black motorcade was carrying the president to give the presidential oath. The fear armed with state coercion agencies found its way out in trying by any means to scare all the Russian citizens who are dissatisfied with the current Russian government.

Summing up all the available information and evidence, the Commission considers that in the course of events of the 6th of May the political leaders of the country acting consciously and pursuing their political goals violated the constitutional rights of citizens and fought against dissent using government institutions (the police, investigation agencies, prosecutors, courts, federal TV channels) illegally.

Events of the 6th of May in 2012 shall be qualified as planned, deliberate, purposeful, mass violation, with extreme atrocity, of the Constitution of the Russian Federation and Russian laws. The Commission believes that such events were possible only with the approval and under the pressure of the top political leaders of the country.

The Commission does not consider its version as a proven one and believes that the answer should be given by investigation agencies and a court, if and when these are a professional investigation body and independent and unbiased court.

7.5. Further work of the Commission

The Commission shall notify that its work shall not stop with the preparation of this Report and its disclosure. The Commission will continue working until all the citizens illegally prosecuted in the course of events of May 6, 2012 are released; until the authorities stop their illegal activity connected with the events of the 6th of May; until all the negative consequences of these criminal acts are overcome (including the necessity to prosecute the officials involved in crimes and offenses for such criminal and administrative offenses).

The Commission is intended to attract the maximum attention of the Russian and the international communities to the events of May 6, 2012 in Moscow, to the cases and proceedings related to these events, as well as to ensure openness and publicity of the proceedings and their impartiality and fairness. 143

The Commission considers it necessary to appeal to the Office of the Prosecutor General of the Russian Federation and the Investigative Committee of the Russian Federation to initiate examination of mass violations of the Constitution of the Russian Federation, international legal acts and Russian law in connection with the events of May 6, 2012 committed by the authorities. Appeals will be officially sent within the next few days.

The Commission is intending to apply to the European Court of Human Rights on all the violations of human rights protected by the European Convention which have already been and will be revealed during the further work of the Commission.

The Commission is planning to appeal to international bodies (OSCE/ODIHR, the European Parliament, the UN, etc.) in connection with the massive violations of human rights in Russia in the course of the events of May 6, 2012 planned and carried out with extreme atrocity and cynicism.

The Russian government has planned trials of the members of the agreed peaceful march and rally of May 6, 2012. Alternatively, the Commission will organize permanent public hearings where the course of these trials will be analyzed, all the evidence will be presented and all the witnesses who the courts will refuse to will be listened to, all the falsifications and procedural violations defined during the trials will be revealed. Hereupon, another report of the Commission highlighting violations in the course of the investigation and litigation will be presented to the Russian and the international community.

In conclusion, the members and the experts of the December 12 Roundtable Commission on the Public Investigation of the events of the 6th of May, 2012 express the deepest respect and bring their gratitude to all who gave their stories and expressed their willingness to take part in the upcoming trials. Without this enormous massive of information, the work of the Commission would have been impossible. We have become witnesses of an act of high civil courage that shows that no repressions are able to intimidate the citizens of Russia.

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8. Annexes 8.1 Annexes to Section 1 Statement of Public Investigation of the May 6th Events in Moscow Placed by the Committee of the 6th of May, and by the political party RPR-PARNAS at the session of the December 12 Roundtable, dated 12.12.12

After the protest demonstration on May 6, 2012, severe punitive measures have been taken by the state in relation to dozens of the participants of this peaceful concerted action who were accused of organization, participation and proclivity to mass disturbances. The inquiry is now in progress, many people have been taken into custody, and there appeared first accused persons. Publicly available information regarding the events-related inquiry process and legal proceedings testifies to accusatory character and inadequacy of punishment measures taken, and to complete absence of assessment of law enforcement authorities‟ activities which could have actually provoked the conflicts of May 6. Taking into consideration the aforesaid, we, the members of the December 12 Roundtable, initiate a Public Investigation and the Tribunal of Public Opinion regarding the events that took place on May 6, and follow-up consequences, in order to receive non-biased and fair answers to the principal questions relating to the above mentioned events and evaluation thereof: 1. Did mass riots and disturbances really take place? Were they organized before or during the mass public demonstration of May 6? 2. What is the role of the law-enforcement authorities in the incidents that took place on May 6 in Moscow? 3. Why has peaceful demonstration turned into conflicts between the police and protesters? We find it necessary to mobilize competent persons to gather comprehensive events-related information with its further thorough consideration and analysis. Consideration of the total bulk of data shall be carried out by competent persons with spotless reputation in the course of an open public session. A Working Group has been established to organize the Public Investigation and the Tribunal of Public Opinion. The information in reference to Public Investigation process organization and preparing of the Tribunal of Public Opinion may be found at the official website of the December 12 Roundtable, www.RT12dec.ru, as well as in corresponding mass media.

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Herewith, we express personal readiness to assist in Public Investigation and the Tribunal of Public Opinion with the aim of developing an adequate and fair public assessment of the May 6 events.

Ludmila Alekseeva

Mariya Arkhipova

Lija Akhedzhakova

Igor Bakirov

Harry Bardin

Mariya Baronova

Viktor Bondarenko

Dmitry Borko

Leonid Gozman

Andrey Erofeev

Dmitry Zimin

Andrey Zubov

Sergey Ivanenko

Mikhail Kasjanov

Grigory Kolyutsky

Alexey Kondaurov

Mikhail Krasnov

Inna Kurtyukova

Anatoly Lebedzko

Arkady Lyubarev

Nikolay Lyaskin

Vyacheslav Makarov

Konstantin Merzlikin

Galina Mikhaleva

Boris Nemtsov

Andrey Nechaev

Grigory Okhotin

Natalja Pelevina

Andrey Piontkovsky

Ilya Ponomarev 146

Olga Romanova

Lev Rubinshtein

Oleg Rumyantsev

Vladimir Ryzhkov

Yuri Ryzhov

Aleksandr Ryklin

Musa Sadaev

Georgy Satarov

Yuri Senokosov

Andrey Smirnov

Makhail Sokolov

Elena Tikhonova

Petr Philippov

Earnst Cherny

Igor Chubais

Liliya Shevtsova

Viktor Sheinis

Pavel Shelkov

Aleksandr Scherbakov

Olga Shorina

Vasily Shumov

Mariya Yablonskaya

Eugeny Yasin

Irina Yasina

Igor Yasulovich

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8.2 Annexes to Section 4.2.1

148

THE GOVERNMENT OF MOSCOW REGIONAL SECURITY DEPARTMENT OF MOSCOW Novy Arbat str., build. 36/9, Moscow, 121205 Tel.: (495) 620-20-61, fax: (495) 620-26-16, e-mail: [email protected], http://www.mos.ru Russian Business and Organization Classification 90517095, Primary National Registration Number 1117746130765, TIN/RRC 7704776297/770401001 Oue Ref: No. 4-19-6817/2 of 04.05.2012 Your Ref: No.______dated ______

To Bakirov I.V., Davidis S.K., Lukjanova E.A., Mitushkina N.L., and Udaltsov S.S. ______115142, Moscow, Zatonnaya str., build. 12-1, fl.120

On behalf of the deputy mayor of Moscow of the Government of Moscow, I hereby inform you that the demonstration on the 6th of May 2012 at 16.00 from Kaluzhskaya place on B.Yakimanka, B.Polyanka streets towards Bolotnaya Square and the meeting at 19.30 on Bolotnaya Square have been approved. The main purpose of the demonstarion and the meeting: “Protest against abuse and rigging during the elections to the State Duma of the Russian Federation and the elections of the President of Russia, urge on clean elections, respect for human rights, legislation of Russia and its international obligations”. Approximately 5000 people are going to participate in the event. Please be reminded that Article 5 of the Federal Law dated 19.06.2004 No.54-FZ “On meetings, rallies, demonstrations, marches and picketing” shall be fulfilled, and public order and personal responsibility for its violation shall be implemented in accordance with the current legislation.

The chief of the Department /Signature/ A.V. Mayorov

Konovalov N.I. 633-62-65

Annex 1

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150

Зона проведения митинга - rally zone От станций м.Китай-Город и Боровицкая – from metro station Kitai-gorod and Borovitskaya Сцена – stage Болотная площадь – Bolotnaya Square Лужков мост (будет закрыт на вход, но открыт на выход с митинга) – Luzhkov bridge (will be closed for entrance, but opened for the exit from the rally) От станции м.Новокузнецкая – from metro station Novokuznetskaya Малый каменный мост – Maly Kamenny bridge М.Третьяковская – Metro Tretyakovskaya Якиманский проезд – Yakimanski proezd Ул.Большая Ордынка – Bolshaya Ordynka street М.Полянка – Metro Polyanka Ул.Большая Якиманка – Bolshaya Yakimanka street Место построения колонны – line formation area М.Октябрьская(радиальная) – Metro Oktyabrskaya (radialnaya) Место сбора – Rallying point Маршрут шествия – the route of the protest march Как пройти на шествие – how to pass to participate in the demonstration Как пройти на митинг – how to pass to take part in the rally Пропускные пункты – checkpoints Перекрытие – roadblocks

Annex 2

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152

«Марш миллионов» в Москве – “Million People March” in Moscow Маршрут шествия и зона проведения митинга 6 мая – The route of the protest march and rally zone of the 6th of May Время проведения акции – time of the event Заявленное число участников – The stated number of participants 5000 человек – 5000 people Большой каменный мост – Bolshoy Kamenny bridge Зона проведения митинга – Rally zone Болотная площадь – Bolotnaya Square Лужков мост – Luzhkov bridge Малый каменный мост – Maly Kamenny bridge М.третьяковская – Metro Tretyakovskaya Якиманский проезд – Yakimanski proezd Поликлиника No.68. Малая Якиманка улица, дом 22 – Clinic No.68. Malaya Yakimanka street, 22 Травмпункт (детский), ул.Б.Полянка 20 – first-aid station (for children), B.Polyanka street, 20 Ул.Большая Полянка – Bolshaya Polyanka street Ул.Большая Якиманка – Bolshaya Yakimanka street Ул.Большая Ордынка – Bolshaya Ordynka street М.Полянка – Metro Polyanka Место построения колонны - line formation area От ст.м.Парк Культуры – From metro station Park Kultury М.Октябрьская (кольцевая) – Metro Oktyabrskaya (koltsevaya) Место сбора - Rallying point Детская клиническая больница, Добрынинский переулок, дом 1/9 – Children's Hospital, Dobryninski pereulok, building 1/9 М.Добрынинская – Metro Dobryninskaya Маршрут шествия – the route of the protest march Как пройти на шествие – how to pass to participate in the demonstration Как пройти на митинг – how to pass to take part in the rally Пропускные пункты – checkpoints Перекрытие – roadblocks Кафе/ресторан – Cafés/restaurants Медучреждения – Medical institutions

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154

С 16.00 до 19.30 часов пройдет шествие от From 16.00 to 19.30 there will be a Калужской площади по улицам Большая demonstration from Kaluzhskaya place on Якиманка и Большая Полянка через Малый Bolshaya Yakimanka and Bolshaya Polyanka Каменный мост до Болотной площади, на streets through Maly Kamenny bridge up to которой состоится митинг. Bolotnaya Square, where the rally will take place.

Кремлевская набережная – Kremlevskaya naberezhnaya Софийская набережная – Sofijskaya naberezhnaya Болотная набережная – Bolotnaya naberezhnaya Ул. Большая Полянка – Bolshaya Polyanka street Ул. Большая Якиманка – Bolshay Yakimanka street Житная ул. – Zhitnaya street М.Октябрьская – Metro Oktyabrskaya Ул.Крымский Вал – Krymski Val street М.Добрынинская – Metro Dobryninskaya Рамки металлодетекторов – portal body scanners Маршрут шествия – the route of the protest march Перекрытие движения – roadblocks Митинг – rally

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Criminal case No.201/460677-12 / the case of Mikhail Kosenko, volume 11, p. 133-135.

MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION HEAD DEPARTMENT OF THE MINISTRY OF INTERNAL AFFAIRS IN MOSCOW (Moscow Department of the Russian Ministry of Internal Affairs) 38, Petrovka str., Moscow, 127994 Tel.: 8(495)694-85-44 Fax: 8(495)898-67-82 13.08.2012 No. 84/2710 To No. 201/459415-12 dated 31.07.2012

To the Deputy Head of Investigative Committee of Russia the colonel of Justice A. I. Vasiliev

[Stamp: Incoming No.______, 15.08.2012] ┌ on the execution of orders ┐

Dear Anatoly Ivanovich!

According to the instruction on the criminal case No.201/459415-12, initiated on 06.05.2012 on the grounds of components of crimes, that are described in sections 1,2 of article 212 and section 1 of article 318 of the Criminal Code of the Russian Federation, sub judice of Investigative Committee of Russia, I hereby inform you that the Department of Media Relations of Moscow Department of the Russian Ministry of Internal Affairs on the 5th of May 2012 placed an announcement “Peacekeeping in Moscow during mass events on the 6th of May” on an official site of Moscow Department of the Russian Ministry of Internal Affairs “Petrovka, 38”. The announcement contained the information on the route of the march, the scheme of traffic stops and the place of socio-political events with supposed participation of great number of people, security measures to be taken and caution on the impermissibility of the commission of unlawful acts during the events. The decision about placing this announcement was made by the Department of Media Relations of Moscow Department of the Russian Ministry of Internal Affairs in order to provide security of citizens and Mass Media who planned to participate in this mass event. The pictures in the announcement are schematic and show an approximate route of the march of people and also hypothetical place of the rally – “Bolotnaya Square”, indicated in the “Plan of peacekeeping and security in Moscow on the 6th of May 2012”.

Annex 5.1

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158

On May 4, 2012, a meeting took place at Regional Security Department of Moscow with the facilitators of the public action of May 6, 2012: Udaltsov S.S., Mitushkina N.L., Davidis S.K., the chief of the Department of Regional security of Moscow, the deputy chief of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs Deinichenko D.J. The questions regarding the route of the march on 06.05.2012 as well as issues related to the arrangement of walk-through detectors, the installation of the stage and other practical arrangements were discussed. After the meeting, and in accordance with the order of the Russian Ministry of Internal Affairs of 29th January 2008, No.82, the members of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs have prepared a map and a plan of the march to ensure peacekeeping and security in Moscow on the 6th of May 2012. According to these documents, the park in Bolotnaya Square had to be fenced-off with metal barriers, and the rally could only be arranged on the traffic way of Bolotnaya naberezhnaya. Taking into the consideration the fact that approval of the route of the demonstration and the place of the rally was made on the above mentioned meeting at 21:00 on May 4, 2012, there was too little time to prepare the map and the plan of the march and security (on the night of the 4th and the 5th of May 2012 and the day of the 5th of May 2012); these documents were confirmed afterwards by the Directorate of Moscow Department of the Russian Ministry of Internal Affairs on the 5th of May 2012. The map and the plan of the march and security in Moscow on the 6th of May 2012 were not discussed or coordinated between the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs and the facilitators of this public event. Also, the map and the plan were not brought to the notice of the public and the participants of the rally because these documents are for official use only, as they contain information on the number and the alignment of police forces, technical and other facilities for the police measures, as well as special tasks for the riot police. On the 6th of May 2012, from 16:15 to 17:04, nearly 8,000 people took part in the demonstration en-route: an area in front of the Embassy of France in the Russian Federation – traffic way of B.Yakimanka street – Yakimanski proezd – B.Polyanka street – M.Kamenny bridge – Bolotnaya Square. During the gathering of the participants of the demonstration in B.Yakimanka street gateway metal detectors were used in the checkpoint without any registers. The list of the Directors of Moscow Department of the Russian Ministry of Internal Affairs, who were making decisions and confirmed all the official documents on the public event on the 6th of May 2012 in Bolotnaya Square: - the deputy head - police chief of the Directorate of Moscow Department of the Russian Ministry of Internal Affairs, major-general of police Viktor Vladimirovich Golovanov – transferred to the Ministry of Internal Affairs of Russia;

Annex 5.2

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- deputy chief of police – the chief of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs, major-general of police Vyacheslav Alekseevich Kozlov; - the deputy director of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs, the colonel of police Dmitri Yurjevich Deinichenko. Attachment: the copy of the administrative order of the deputy mayor of Moscow A.N. Gorbenko, the copy of the note on the results of peacekeeping and security in Moscow on the 6th of May 2012, the copy of the plan of the march to ensure peacekeeping and security in Moscow on the 6th of May 2012, CD-disc with the map on the public event of the 6th of May 2012 in Bolotnaya Square (the original of the map is taken off by Investigative Committee of Russia on July 2012). Totally, 60 pages attached only to the address.

The deputy director – police chief – major-general /Signature/ O.A. Baranov

Stamp: TRUE COPY /illegible/ /Signature/

Annex 5.3

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8.3 Annexes to Section 4. Eyewitness accounts, pictures, links to walk-through video

8.3.1 Eyewitness accounts

Eyewitness accounts (hereinafter referred to as EWA) No. 9 I had to leave earlier, at about half past five. The column has ultimately stopped by that time. We stood at Maly Kamenny bridge at that moment. I was trying to find a way to the subway but it turned out to be rather difficult. All ways out were blocked off. There was only one narrow walkway on Bolotnaya naberezhnaya to the square where a demonstration was to take place. I walked through it and was really surprised to see all people standing on the bridge where metal detection arches had been installed, and somebody was singing at the stage. However, nobody was allowed to leave the square, which surprised me even more. There were police cordons everywhere. I hardly talked them into letting me go away and climbed over the fencing. EWA No. 11 “Spacemen” (riot police) whacked the crowd with batons, several men were pulled away out of the crowd: either carried by their legs and arms or just hauled away by the police. People who were trying or seemed to try to escape were beaten. I watched many people hauled away. One guy was put down to the ground, he didn‟t move. It was a tall skinny boy of about 20. Doctors came up to him, and the boy got up in several minutes, wambling. They let him go away, as far as I remember. A burning object was thrown out of the crowd at some moment, it was doused with a fire extinguisher. I noticed no acts of violence towards policemen. Quite the opposite, policemen used to push people, in some cases people tried to stand up to policemen protecting themselves with own arms or other objects at hand (bags, packs, umbrellas etc.), which actually posed no serious danger to the latter. Until I was arrested, I saw policemen beating the participants, putting them to the ground and wringing hands. They were arresting people in a very rude manner: they put people to the ground, wrung hands, beat with batons, and dragged rudely into paddy wagons. EWA No. 15 I remember a brass band, music and overall festive spirit at the demonstration, which surprised me pleasantly. EWA No. 16

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I passed through a metal detection arch with all my things and belongings being checked thoroughly. I had to leave my bottle of mineral water outside the place. But my friend told me that a free pass was made to the left of arches some time later, and people passed through it freely without being checked. My friend got to the demonstration place in such a way, unchecked. EWA No. 18 The situation seemed rather normal and ordinary until we reached the bridge. Nothing seemed threatening, and we were with children. If we knew that there would be a “rumble”, we would have left kids at home for sure. We were sure of the peaceful character of the planned demonstration, since extreme actions usually took place at Manezhnaya place. At the same time, the demonstration on Bolotnaya was a concerted action. EWA No. 20 We didn‟t manage to pass already. As my friend and I reached the embankment, about two minutes later, first conflicts began. OMON riot soldiers were standing at the other side and didn‟t let anyone go away for a long time. Reply to the question of EWA No. 15 I realized at some moment: it‟s enough for me! And I decided to leave the place. But there were two OMON chains from the opposite side, all soldiers with poker faces, preventing about hundred and a half of people represented mostly by girls and elderly people from leaving the site. It lasted for about an hour and a half. At last, they made a narrow pass and let these people go away to the subway. I joined them and managed to leave too. EWA No. 21 I didn‟t make even a slightest attempt to turn back. Obviously, it was impossible. People pushed from behind. Bolshaya Polyanka was blocked off. Someone said that the demonstration site was cordoned off and nobody could leave it. I passed the second metal detection arche by, without going through it. People were hustling there. I went down the stairs to Maly Kamenny bridge embankment and simply went the arch round. Only several people did the same: probably not everyone could imagine that they could do that without going through the metal detector. I reached the embankment. Fortunately, there were not so many people. It was overcrowded in front of arches where OMON cordons were fencing off the stage, as well as to the left and forward, right in front of the stage only. But people still kept arriving. I wanted to come up to the stage and moved forward. Short of Luzhkov bridge I stopped, since all the ways were blocked off by “spacemen”. I had to stop and wait, and nobody could say what we were waiting for. It was impossible to leave the embankment. There were “spacemen” standing in front of 162

the stage and Luzhkov bridge, as well as from the side of the Kremlin, of course. The crowd was still growing in front of the police cordons. Nobody knew what to do further. It was completely impossible to leave. We were just standing. People kept on arriving. EWA No. 23 Checks were rather severe: they made me embowel my backpack completely, took all mineral water away, and even forced me to open a pack of hygienic pads. EWA No. 27 There was an ordinary check, rather slow. We had to wait for about 15-20 minutes. Policemen checked bags, made people walk through metal detection arches, then checked them additionally with manual metal detectors. Along the demonstration movement in Yakimanka district a dense chain of OMON soldiers kept moving without intervals along the column (at least to the left side of it); all soldiers were dressed in special police garments and equipped with batons; there was nothing like that earlier, for example during the demonstration in February 2012 on the same route. I tried to return with many others but in vain. The embankment turned out to be cordoned by a chain of policemen at Luzhkov bridge. Young people managed to brake it from time to time (simply pushing through the chain, without doing any harm to policemen), but the chain closed again and again. The chain was removed for a while, and I got to Maly Kamenny bridge. Then the chain was restored and we got in a trap: it was neither possible to come up to Maly Kamenny bridge because of strikes, nor to Luzhkov bridge or to the park because of an OMON chain. Thus, nobody was able to leave the site for some time at all. The police was not trying to disperse demonstrators but to jam them. The chain at Luzhkov bridge was completely removed only by evening when the police began to force protesters out to Moskvoretsky bridge. EWA No. 28 I watched OMON soldiers beating people with batons. People were trying to hide themselves behind the arches from the policemen and OMON soldiers who behaved really violently. It all was going on at the area behind second arches already. I was among those people. I witnessed policemen beating the demonstration participants with their feet and batons. EWA No. 29 I saw „regime dogs‟ forcing demonstrators off Kadashevskaya naberezhnaya, where conflicts took place as well. People were filled with indignation and tried not to move apart as long as it was possible standing up to the regime in a peaceful 163

non-violent act of resistance. Regime dogs chased people, beat them with batons, one guy got his head badly hurt, someone made him a dressing and called for an ambulance. I saw several OMON soldiers were taken off their helmets. I saw OMON soldiers beating people that were actually guilty of nothing: unarmed ones, girls, totally and indiscriminately. They beat people violently, cruelly, with their feet and rubber batons. They thrashed the crowd as if we were just lifeless mannequin, and not real people. At some moment girls equipped with loud-hailers started to call people to make several steps in the direction of OMON soldiers (probably provokers), but no one made even a step. Very brave guys. EWA No. 33 People who were standing peacefully and showing no resistance were dragged over the ground right where the asphalt was covered with fecal masses from toppled over chemical toilets. Women were dragged by hair. Policemen caught people from the crowd without any fair reasons who actually showed no signs of aggression. EWA No. 34 People were armed with smiles and posters. I was detained and delivered to the OVD (local police department) Yakimanka. I was simply sitting on the stone. OMON soldiers came up to me, grabbed me by hands and legs and dragged me to a paddy wagon. EWA No. 35 In spite of a sufficient amount of metal detection arches at the site entrance, the checking procedure was carried out quite wretchedly, though as usually. Bags were checked carelessly. They asked to open bags but looked through their content grudgingly, so it was rather possible to bring to the site whatever one liked. My mom managed to get through to me over the phone and I squeezed to the right, closer to the square. I found my mom there and we stood with Ilya Ponomarev there, a friend of our family. About 5–10 minutes later OMON guys started to move wedge-like and grab guys from the crowd. I was afraid for my mom and tried to protect her, we went down the slope to the fencing near the river. I saw OMON catching guys and girls without any reasons and dragging them over the ground. I saw a fire flying from OMON side. Neither me, nor my mom saw it flying in their direction. Some guys standing next to me were arrested. We had no ways out and pressed ourselves into the fencing. I covered mom with myself and turned my back to OMON soldiers running to us. When those OMON bastards started to grab people around us, someone whacked me with a baton in my back. I

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didn‟t feel any severe pain since I was worried only about my mom and didn‟t feel anything. I began to feel pain quite later when we were standing at Polyanka near the OVD. Then OMON soldiers standing at the top of that slope, right between us and the square, turned on some gas. I had to put on a t-shirt as a mask, with only eyes left uncovered. It was difficult to breathe. Mom used my handkerchief to protect herself from gas. Then OMON cops rushed into the crowd some more times, and every time I covered my mom with myself. At some moment someone from OMON treaded on my foot, rather heavily, and pushed me strongly with an elbow at the level of kidneys. They sneered at us, filmed with camera and pushed us to the stairs leading to the bridge. At that they were moving in a chain and rather fast, so that many people were falling down on the stairs. EWA No. 36 Some people wanted to get to the demonstration, others – to leave it through Luzhkov bridge, but all ways were cordoned off with police forces leaving no such possibility either for the first, or for the second. People tried to talk to the policemen peacefully, then there were made several attempts to break through the OMON chain by demonstrators. OMON put on gas, it‟s for sure. I went up to the river, people managed to break through. Then the bridge was open. I saw only policemen reaction to the breakthrough – they were striking with batons. I left through the bridge. EWA No. 37 When OMON began to push people away from Maly Kamenny bridge, some people had to show resistance, even unwillingly, simply to protect themselves and not to get injured. Someone sprayed the pepper gas, though it turned out to do more harm to demonstrators themselves rather than to policemen. When I stopped to call my son, a guy with a blood-stained head ran by me. OMON soldiers used to rash into the crowd from time to time, whacking people with rubber batons and knocking them off their feet. Sometimes action participants lost their temper and used to throw everything they had at hand back into OMON soldiers. But those who started to throw asphalt pieces into the soldiers were stopped by other participants, since such actions led to injuries of other demonstrators mostly. I saw not a single policemen who had really suffered from demonstrators‟ actions. It was surprising how calm OMON soldiers were while rushing into a rather dense crowd of demonstrators, slicing it into separate groups, and went out of it without any negative consequences for themselves. When I managed to find my guys, at last, I took them away through Luzhkov bridge as it was still open, and then returned to Bolotnaya. Soon afterwards Luzhkov bridge together with the way to Ordynka were blocked off.

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EWA No. 42 We were walking from subway station Oktyabrskaya with long halts. It was hot and stuffy. Many people were with their families and kids. I remember one elderly man, a veteran of the Great Patriotic War, who was dropping with sweat. Many people had problems with absence of water. The way to Maly Kamenny bridge took us about two or three hours. EWA No. 43 Policemen were beating demonstrators and dragged them into paddy wagons, with people backs dragged on the asphalt. Extreme violence. My husband was arrested in Lavrushinski side-street, next to the European Union Representative Office. EWA No. 44 Yes, I saw people throwing stones (pieces of asphalt) into policemen, as well as bottles with water. The policemen threw bottles of water back to the crowd. Musclemen in black shirts did it. Someone of them wore face masks. The majority of throwers stood under a tree, at the corner of the embankment and Maly Kamenny bridge descent. Later on, at the height of the conflict when one more blocking ring was broken, one policeman was caught, thrown to the ground and people knocked him with feet several times. There is even a video available where he was crying. I shouted to people to stop it and let him go back. Which I saw most often is how OP-2 group or OMON totaling to 6–10 men grabbed someone from the crowd and dragged from Bolotnaya Square to paddy wagons. Other people who tried to protect the grabbed ones got arrested, too. Some were beaten. I tried to keep one man whom policemen wanted to take out of the square, by his clothes, but I was whacked with a baton at my left elbow. Someone sprayed pepper gas at the square. I even found container on the ground later on. I was arrested in a rather rude manner, not on Bolotnaya Square, but at the corner of Kadashevskaya naberezhnaya and Lavrushinski side-street, near to Luzhkov bridge. There were a lot of protesting people and police forces on Kadashevskaya naberezhnaya. More and more people used to be arrested all the time. Policemen started screwing someone at the turning to Lavrushinski side- street. I was trying to keep people away from police soldiers by keeping people at their waists. But eventually I was thrown to the ground. Someone kicked my head with a boot. Then one of them ordered me to pass my hand, otherwise he threatened to break it. One of the soldiers was clamping me down with both his hands around my neck and jaw. Another was wringing my hand with a painful hold. Then I was put to the splits right in front of a paddy wagon and someone pressed my shank with his foot. Thus they conducted a search and made me turn

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by backpack inside out with one free hand, right onto the pavement. Then they brought me to the “PHILI-Davydkovo” police department. EWA No. 48 As soon as I returned to Maly Kamenny bridge, I stood there with other people. It lasted about 20 minutes, as it seemed to me, after the protest march stopped at Maly Kamenny bridge and some noise occurred. I stretched out my neck and tried to look over people heads. I saw OMON column in helmets crashing into participants‟ crowds and whacking all people around with batons. That action repeated two or three times, OMON cut the crowd as a knife as if tried to divide the protesting people, and then retreated for a break. Then everything stopped for a while. I decided to reach Bolotnaya naberezhnaya to listen to the rally speeches that were to start at that time. Having passed through a narrow pass for the second time, I started to make my way to Bolotnaya naberezhnaya in the direction of the stage. There were too many people there. Hardly, I reached WC cabins, a strong noise arose again. I turned round and saw the same OMON column, furiously crashing into the crowd and whacking people with batons rather cruelly. People stepped back with a fear, jam occurred, there were women and even kids in the crowd. OMON soldiers used to crush into participants without breaks this time, beating people. Everything was stirring to action, people were running, falling over and crashing one another. A smoke pellet raised up in the air. Cries and groans were heard from everywhere. Then some strange smudge appeared. I think it was a tear-gas since it began to scratch throat, it was difficult to breathe and eyes began to water. A tragedy began: I saw cruel assault of my own people. Since there was a real threat of a jam, and since people running away from OMON pressed so much that I could hardly move my hand or take breath, I decided to move to OMON immediately and persuade them to stop: there were many women and elderly people in the crowd, and there existed a real threat to people‟s lives already. As soon as I came closer to the site of assault I saw five or six policemen in helmets concentrated over someone and swiping him violently with their batons. It was obvious that there was some person, but neither he, nor even his clothes could be seen because of dense rings of enraged policemen around him. At last he managed to escape. When wedging into the crowd, policemen grabbed separate people, threw them onto the ground and beat them. I could see about three or four such groups in front of me. I came up to one policeman and asked him to stop beating since it could lead to serious jams and injuries. The policeman seemed to understand that their actions could lead to serious tragedy indeed. But suddenly a scream was heard at that moment. Policemen bent down and I saw flying stones and a dark-yellow glass bottle. I shouted as loud as I could to stop it. But in vain – people kept on throwing stones and bottles and others had to evade from them. All of a sudden there flew several stones and a bottle from one and the same place, it looked like a salvo. It happened right at the moment when policemen stopped

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whacking people. It looked like a provocation. Because it was impossible to pass a glass bottle through metal detectors. As I started to cry to people to stop throwing immediately, I turned out to be with my back to policemen and was grabbed by them for some reason who came up to me from behind. They saw me trying to stop stones throwing, but still they arrested me for some reason and took me to a paddy wagon. I waited near a paddy wagon under policemen surveillance for about five minutes, new people were constantly arrested and brought to paddy wagons during all this time. There were plenty of paddy wagons: one was departing when I was brought there, and I was waiting near another one. Policemen brought a guy with heavily wringed hands, bowed, he was younger than me, dressed in a T-shirt. We were put into the vehicle in five minutes. There were two sections inside. That man and I were put to the farthest one. There were several people inside already: a very young student, one guy with bleeding elbow, an elderly man, a young girl, and several others whom I don‟t remember already. There were 12 people in total in our section, and 13 in another one. It was a big closed “Ural” vehicle, with ventilation switched off. It was extremely stuffy and crowded inside. The way to the OVD Voikovskoye took us more than three hours.

EWA No. 50

Navalny, Udaltsov and Nemtsov called people not to give in to provocations and stay where they were. OMON soldiers started to approach sitting demonstrators; the latter had to jump up. People began to recoil. There started something at a distance, right behind the corner. Smoke appeared, there flew empty plastic bottles. It was difficult to distinguish anything from the bridge. Suddenly a young boy with a backpack rushed out of the crowd and rolled down along the slope to the river. Five OMON soldiers were purchasing him, and as soon as they caught him, they started to swipe him with batons from all sides around, and then dragged him back. People cried: “What are you doing? Whom are you serving to?” When OMON chain tried to push people away, some of their bosses started to beat a girl who refused to leave. Then OMON soldiers stood in chains and started to force people back. We were pressed to the embankment parapet and I saw five OMON helmets swimming in the water. OMON soldiers didn‟t want to push people off, but they were forced into doing it by their bosses. EWA No. 51 The mood was about a festive one. I saw young people with kids, handicapped people. There were plenty of visitors, too. People were glad that there were so many of us, nobody expected any inadequate actions from the authorities, since

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there was not a single reason for them. I was extremely surprised first, and then even indignant over what happened later. EWA No. 52 I was standing at a bus stop at that square and saw close OMON chains (at the back side of the square) perfectly well. They were simply standing and waiting for an order. Everything was rather quiet and unclear as for what was going to happen and when. A young man was walking in front of the OMON rank reading aloud a Constitution article: “Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, meetings and demonstrations, marches and pickets”. One of OMON soldiers knocked the guy at a shank with his boot with molded soul in response to that. (Then he was dragged to a paddy wagon for reading that). Then OMON groups consisting of 5-9 soldiers started to leave the rank and line up in a “wedge” spreading all over the square. They crushed into front demonstrators‟ rows, grabbed someone from thereof and dragged them to paddy wagons located behind ranks of OMON soldiers. Some people walked upright, but others were forced even to run, with their heads close to the ground. Then a whistle came – from soldier to soldier, and they all moved across the square, holding each other with hands and stepping firmly. They cried to us standing at the bus stop: “Go away, go away!” We didn‟t object and started to leave ahead of them. But while moving I was knocked at my leg (5 cm above my ankle) which I even didn‟t notice within overall rush. A young man was running behind me. I didn‟t see him running and “spacemen” chasing him, but he fell down right in front of me, probably he was pushed forward by them. After he fell, three or four “spacemen” started to swipe him with batons, thus I could get a knock at my ankle by accident, since he could have pushed me while falling down (which is slightly possible), or policemen could have whacked me either occasionally or on purpose. Anyway, my leg was bruised and swollen for a whole month afterwards. I can‟t even suppose how long it took other people who were beaten by “spacemen” straight-from-the-shoulder and purposely to recover after it. I‟m afraid many people got injuries which may affect their health adversely in future. A middle-aged woman was standing at the square parapet when a chain of OMON soldiers was moving forcing people from the embankment, and she either didn‟t manage to leave, or expressed indignation over the fact that they wanted her to leave a place where any person is entitled to stand in the course of a concerted meeting. But in a flush they knocked her off her feet and started to swipe. EWA No. 53 As I stood between the ranks of demonstrators and OMON soldiers, I could witness several acts of unlawful arrests of peaceful demonstrators. It seemed to me they chose people completely at random. Two of my friends – extremely peaceful and calm people not capable of hurting even a fly – were dragged by policemen to 169

a paddy wagon bent up to the ground twofold, with their shirts pulled off up to their waists. EWA No. 54 Soon after actions of demonstrators‟ assault began, Luzhkov bridge and the walkway in that direction along the embankment were closed. I left the site of the meeting along the embankment as soon as a walkway was opened again. EWA No. 59 I witnessed acts of physical assault applied by the police and OMON in relation to demonstration participants (peaceful citizens). OMON soldiers were trying to pull out of the crowd which they created by pressing people towards bridge railing a young woman in a light coat. At that they kept on beating a young man (probably he was together with that woman) with their batons, as well as whacking other people trying to stand up to violence completely unarmed. A young man dressed in blue jeans and white shirt was dragged to a police car in a rather rude manner. One of the OMON soldiers stroke several blows at man‟s bottom parts of a body and legs with his boot. Hundreds of people suffered from violent behavior of law enforcement authorities by being deprived of possibility to move across or leave the place of the failed meeting due to “tamping” people by means of batons into a narrow space across Maly Kamenny bridge and Bolotnaya naberezhnaya. EWA No. 64 There was no warning or announcement made by the police forces through load-hailers before conflicts between OMON and demonstrators began. We felt our throats and noses scratching at some moment. Slight panic began. We moved in the direction of the expected stage along Bolotnaya naberezhnaya and faced a close “spacemen” chain. OMON soldiers drove people from Bolshoy Kamenny bridge to our side, thus we got trapped in a “box”. One of the police officers asked over his walkie-talkie for a permit to let people go in the direction of Bolshaya Ordynka. There was complete absence of interaction between separate police subdivisions. OMON soldiers stepped aside and we were able to move to Bolshaya Ordynka some time later. I reached Bolotnaya naberezhnaya without difficulty, during the process of demonstration break up, several hours later after the first collisions. I didn‟t notice any check points, probably there were arches but all empty. I moved across the square up to the stage rather freely too, trying to find any exits. I couldn‟t tell whether it was possible to leave the site through the stage; and it was impossible to leave through the bridge since police forces were breaking up the demonstration from that side of the river (there was a danger to be hurt in the heat of the moment). We decided not to take risk while leaving through the square too, since 170

we would have to climb over the fence which could attract policemen attention to us. Our friend who missed the procession arrived from Novokuznetskaya subway station, walked along Maly Bridge to the embankment but hardly had he managed to wave a hand to us as a greeting gesture, when he was pressed back together with other people standing on the bridge by the police. Further on, the chain of policemen crossed the embankment area, including the stage enclosing us at the square from all sides. Having understood that there were no ways out from the side of Bolshoy Kamenny bridge, and that moving along Maly Bridge could have been rather risky since strikes and conflicts were still taking place there, we made up our mind to “walk” in the square and think about our further actions. At that time OMON cordon arrived from the side of the stage and Maly Bridge, and then another one a bit later, and we realized that probably we wouldn‟t manage to leave the square freely and we all would get probably arrested. Conflicts with policemen went on. People said there were tents crushed by policemen, and people barricaded themselves with WC cabins and police barriers. The quantity of policemen obviously increased, the first corner cordon changed significantly, and now both cordons were standing parallel to each other. Many people stood in front of the new cordon, the situation was like the previous one but for people jam. Probably OMON soldiers realized that people just wanted to leave the square, and opened a pass in a cordon chain. Demonstrators started to leave Bolotnaya Naberezhnaya. However, we noticed another big group of policemen and vehicles at the other side of the stage, together with several dozens of people who were going to advance slogans and express their attitude to the police and events of that day. People were talking to each other, exchanging information, trying to restore a scene of the events: what they witnessed, why there was a jam and a riot, and why so many participants and leaders had been arrested. People were filled with indignation and helped each other at the same time, helped with injuries and advised each other. As I described above, I saw people standing close to the cordon who were grabbed by cops and dragged beyond the cordon without any fair reason (people were not guilty that they were pressed); I saw policemen beating demonstrators and catching those who were unable to evade from knocks, escape or get up; they dragged people over the pavement. Policemen arrested not only people who were throwing some objects (like plastic bottles or branches) or scanned loudly thus attracting attention to themselves, but also people located close to the point of the OMON group assembly. Policemen paid no attention to people requests not to arrest them, or let a girl go for example. Quite on the contrary – they grabbed those people who were trying to persuade them stop the violence.

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EWA No. 69 People were never aggressive, quite the opposite, the overall mood was festive, everyone was cheerful including in relation to the police, people celebrated and congratulated each other with holidays. All action participants behaved really decently. Several hooligan guys – I think they belonged to the “Nashi” movement – tried to provoke conflicts with other people but they were asked to leave in a rather polite way (I witnessed it all with my own eyes). Neither force nor threats were applied to those dirty provokers in spite of their behavior, they just were asked to leave persistently, what they eventually did. These provocations failed indeed. EWA No. 71 The beginning of the demonstration: kind, lively and cheerful people all around. No one could even imagine that a concerted action might turn into a violent assault. I was entering the site through metal detection arches in the front line, right after journalists. It was overcrowded, and that was probably the reason why they didn‟t check me properly. I had a standard plastic bottle of water in my backpack, but nobody took it away. I tried to put them to shame, while explaining that they didn‟t only breech the law, but were also damaging their own reputation in front of citizens‟ eyes by attacking peaceful people whom they were to protect instead. They let a cyclist alone, but caught another guy in about ten meters, threw him on a parked car and began to wring his hands. I asked them why they never introduced themselves and treated people as criminals, and one of the policemen pronounced to me: “That‟s enough for me! Now I will show you!” With these words he grabbed me, wringed my left hand and dragged me to a paddy wagon. At that time the other policeman grabbed me by my second hand. I said that it hurt me, but he kept on wringing my hand. I tried to switch my camera on and record the details of arrest, but one of the cops knocked the camera lens and it closed. Thus, I found myself in a paddy wagon. EWA No. 72 We managed to move further through Bolotnaya naberezhnaya along the river. Then there were flying fires, than real nonsense started: cops began to fight with people who had already reached the square. I was at a distance from the points of conflict between the OMON and peaceful demonstrators, and luckily I wasn‟t attacked. Suddenly there appeared some people wearing black face-masks running among people and shouting: “Why are you standing? Come on! Let‟s go!” calling for strikes with the OMON. No one around me understood what was going on and who those people were, we didn‟t see them during the march. In some time 172

we found ourselves fenced by the OMON from the both sides. People were removed from the area at the side of the stage (that area was closed from other two sides from the very beginning – by means of a river and a police cordon). OMON soldiers didn‟t even let us leave the square in the direction of the stage without providing any sensible grounds for it. We were simply waiting. They let us go over some time, and we left the square. Some of my friends were arrested later, near Novokuznetskaya metro station, for example. EWA No. 76 There was enough space and plenty of people with kids and strollers, the overall atmosphere was completely relaxed. Sometimes there were short halts in the course of our march. We stopped at Maly Kamenny bridge with the others and waited for about an hour for the movement to be restored. We didn‟t even understand whether a walkway to Bolotnaya Naberezhnay was open at all (it was that narrow). It wasn‟t seen and clear to many people standing on the bridge. Then two OMON soldiers came out of (or even through) the rank, caught hold of my hands and drove me rather fast to the place where their cordons, vehicles and paddy wagons stood. I stood up from the crowd by means of an A4 sheet with the text of article 31 of the Constitution printed on it (I took it out when we stood by a cordon preventing us from moving to the site of a planned meeting, and showed to policemen without saying a word). There were no other reasons for my arrest. Policemen grabbed people from the crowd at random, who simply somehow was different from the rest. I saw neither “disorders” nor cordons breakages (right on the contrary, it was the police who were breaking chains and assaulting demonstrators). There were no fights or club strikes from demonstrators‟ side. EWA No. 77 We stopped in the middle between the turn from Maly Kamenny bridge and Luzhkov bridge, near the embankment parapet. I saw smoke appeared above the crowd near the “Udarnik” cinema-theater, and heard people started to cry when a wedge of OMON soldiers wearing helmets sparkling under the sun, collided into the crowd. From time to time people in torn clothes or injured ran out of the crowd to the embankment. I saw a man with a broken (or probably heavily dislocated) left arm. He couldn‟t move it and said that he had been whacked with a baton. I saw the policemen crashing into the crowd and beating people. I saw a man with a bleeding face. A family with a small child (of about 7 years old) stood by him. The kid was crying with fear, his mother with horror. We wanted to leave through Luzhkov bridge, but OMON chain appeared as if from nowhere and cordoned all exits to the bridge and arches. They began to drive people in the direction of the “Udarnik” and we realized that it was a trap. I saw OMON soldiers beating someone and dragging to the stage to the left of me. I came up to the park fencing at Bolotnaya Square and asked policemen to let us go, or at least people with kids, 173

but they wouldn‟t permit. At that the crowd at the embankment still grew. We understood that it was because of people driven by the OMON from the “Udarnik”. It was terrifying, since we realized that we would simply crash in a crowd. At some moment we noticed that OMON disappeared to the right of us (near Luzhkov bridge), and we used this opportunity to move to the Luzhkov bridge. While standing on the bridge, we were watching policemen chasing people away from the square. And I must admit that the stipulated meeting time was not over yet. Policemen were colliding into crowd, beating people with batons all around. I witnessed a lot of arrests, and not only at Bolotnaya naberezhnaya, but even farther on in side-streets on the way to the subway. The OMON moved in chains forcing people to side-streets and yards using their batons, grasping people from the crowd completely indiscriminately and taking or carrying them away to paddy wagons. They detained people rudely, without having introduced themselves, just wringing hands. EWA No. 78 Acts of violence could be observed from the both sides, but at the same time, as far as demonstrators were concerned, these were acts of self-defense (with rare exception) or attempts to protect others from beating and unlawful arrests. The most crying case of injustice that I observed was an incident when a policeman delivered a blow with his fist in an armored glove to a man in a jacket with a briefcase right at man‟s face, simply because that man asked politely to let him go away from the cordon circle. However, several minutes before that I walked there without any difficulty. EWA No. 80 The check was surprisingly hasty, unlike checks conducted at previous rallies. They asked to walk through fast, without holding on, and I found the check was not thorough enough. EWA No. 81 Anticipating possible consequences of the action, I moved along the embankment towards the stage, but faced two OMON ranks there preventing from going any further. An officer with a derisive smile told us that the only exit is behind of us – right where OMON soldiers kept behaving outrageously. But in some time I heard that he received an order from his bosses, and policemen trotted to Kamenny bridge leaving a free pass to the stage and farther, which we used for heading towards the subway.

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EWA NO. 82 When the OMON were pressing us out of the bridge (in a rather speedy manner), they knocked down many people. We fell down right under their feet, thanks God they got enough sense to stop). A young thin man gave his hand and helped me to get up (I‟m 52). I turned to thank him, and at that moment he was grabbed, they wringed his hands and dragged behind the OMON rank, where put him onto the pavement (two or three policemen). And they grabbed two more guys, completely at random, at the same moment. I cried: “What are you doing? What for?” We exchanged telephone numbers with that thin guy‟s girlfriend (he was kept in the OVD of Michurinsky district till morning). We went to the OVD (it was deep at night already, we even got caught by a thunderstorm) to bring food and water for 26 arrested people. As it turned out later, that guy had got a rib broken… At the corner of Kadashevskaya naberezhnaya, right by the red water sprinkler, there was OMON chain. People were standing face-to-face with them. I watched it from the bridge (side view). But suddenly there raised a sea of batons and OMON soldiers started to whack all people around, completely indiscriminately! But people had no ways out! I admitted a sinewy Caucasian-type policeman as the most active one (I remember his profile). Such a scum! As they were driving us along Kadashevskaya naberezhnaya up to the Tretyakovskaya Gallery (moving in a tight rank, with regular stops), about 5–7 soldiers jumped out of the rank from time to time, attacked any person who didn‟t manage to evade their attack and dragged him to a paddy wagon moving slowly behind them. We were stepping back, but not in a thick crowd anymore, but dispersed in groups (they approach – we retrieve, they stand – so do we). They filled that prison truck, another arrived... I remember them springing out once again and attacking a slim girl in a brown jacket. She didn‟t understand anything, while simply trying to protect her head with hands. We shouted at them not to touch her! They dragged her into a prison truck, bustards! From the very beginning of the meeting and up to its end I didn‟t see a single participant of the march who was swiping policemen with batons or dragging them with their hands and legs to paddy wagons using painful holds! EWA No. 83 A cop named Kirill runs out of the cordon and cries to OMON soldiers: “Five men come with me!” They are getting an athletic man in a black T-shirt out of the crowd in a minute. Cops are dragging and swiping Melnikov, he is barefoot, with only jeans left on. I‟m shooting this with my camera switched on and crying to them: “Don‟t beat!”

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EWA No. 86 I was at the corner of the bridge and the embankment where principal events were on. Cops pushed people rudely so that many of them even fell down. People were trying to protect themselves with hands, they were beaten with batons, I got a blow when I covered my face with my hand from an assaulting policeman. I felt pain in my hand for 4 months afterwards. EWA No. 87 I did not take part in the march, but came to the square to participate in the meeting. I reached the site of a “sitting strike” and realized that it would take long, so I decided to go back. I saw other people going through the following bridge to Bolotnaya without any difficulty, and joined them. I sat for a while there watching stage being disassembled. I witnessed all other events from the distance of about 100 meters, and couldn‟t distinguish the details, but the overall picture was rather clear. When cops started to cut us into “pie pieces” and force out of the square, I was really surprised at people behavior – there was no panic among them! <…> It seemed strange to me that the bridge through which I arrived at the square was blocked by “spacemen” in half an hour after that preventing all people from leaving the square. EWA No. 89 I decided not to stand in a queue at Kaluzhskaya square but to find out whether it was possible to speed up the process of passing through. I had to wait for about an hour at least, and I headed along Zhytnaya in the direction of Bolshaya Polyanka. There were practically no people at Polyanka, so when I was moving through the 1st Khvostov side-street I noticed a group of young people of about 16-19. There were about 15 of them there. They looked like a conditionally aggressive youth, so to say such average semifans wearing hoods and kaffiyehs. I proceeded further to the park, and, when standing at the corner of Yakimanka and Polyanka, I saw police cordons blocking all ways. A police captain was guarding near cordons. I stepped aside to make a call to my friends I was to meet there. I saw young men who had been sitting earlier in Khvostov side-street. They headed directly to that captain who pointed in some direction and explained something to them. The group left and I followed them in several minutes. At the back side of the park, tight behind the trees, I found a path in front of metal fencing leading to Yakimanka. Yakimanka was cordoned, and there stood a water sprinkler right in front of them, at about a 45 degrees‟ angle. There was a hole in a cordon, and about three to five junior grade cops were standing by it. I passed through the cordon. Cops paid no attention to me.

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EWA No. 90 The beginning of a conflict could have been distinguished by cries that arose. Then I saw cops began arresting and beating all people around them. I even witnessed cops whacking an elderly women, that‟s why I stayed. I stood near two OMON cops and heard one speaking to the other: “Hey, look, do you see those two niggers?” The second: “Yes”. The first: “Let‟s go”. And they went into the crowd depth to arrest someone, i.e. some person who was neither standing by them, nor doing any harm to them. Stones stopped being thrown by that moment already. EWA No. 91 As soon as I reached Bolotnaya and met two friends of mine there, they told me that OMON had used a tear-gas against people... While tearing the crowd, OMON cops in rigid outfit knocked old people and kids off their feet... One of such OMON chains divided me and my son, and when I tried to get to the other side where my son stayed, I was knocked down by a huge cop with a blow and fell down on the pavement. EWA No. 92 We moved forward slowly, as much as we could advance. I had to protect my girlfriend from pressure from all around, which I actually was doing. But it were people with children who experienced biggest difficulties while trying to get to the embankment with them, I helped them several times as much as I could. It was noisy leftward: people were scanning, crying, screaming... OMON threw wedge by wedge, once they appeared to close to people and forced people back with batons, while beating at the same time the most sluggish ones... I personally witnessed a young boy with face drawn blood, and another one, with watering eyes and keeping his mouth with a palm who hardly reached the parapet by the river and began to vomit (people said that he breathed in too much of tear-gas). There were coming several more injured people (with blood and tears). Having struck the right moment in-between OMON “wedge”-actions my friend and I squeezed farther along the river where it was more spacious. There was no crowd near chemical toilets already, people sighed relieved, and cops standing here were more cheerful and calm. We discussed the situation with those policemen, it seemed they didn‟t understand what was going on. I saw one fireball or something like that from that place. As far as I have noticed, it was a single fireball for a whole period of time I was there – i.e. about half an hour. We used the chemical WC, my friend took several more snapshots and we moved to a way out through arches near Maly Bridge where we took several more pics.

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EWA No. 93 My wife and I together with our two kids and my groupmate left the Oktyabrskaya metro station and headed off to Bolotnaya Square. I didn‟t see any cases that demonstrators assaulted OMON cops, quite on the contrary – the cops were widely beating participants without any reasons. All OMON attacks on people near the stage or chemical toilets were accompanied by beating demonstrators with rubber batons, at that most blows were targeted at people heads, after which they fell down and were dragged away to paddy wagons. At that no violent measures were taken by meeting participants in return, they were just trying to protect their heads and other parts of a body. I saw a demonstrator fainted after a cop‟s blow and people started to shout: “Murderers, murderers!”, since he showed no sign of life. I didn‟t manage to reach that site, since there were fights with cops, and I had to accompany a journalist from a Switzerland radio station and I could not allow him being caught and taken to a paddy wagon. Also I saw a cop beating an elderly woman at her head so that she sat down close to faint at the very beginning of the assault, near the turn from Bolshoy Bridge to the square. That‟s why I think OMON cops had been treated with some drugs before they had been brought to Bolotnaya. Their dopey look which I noticed while we were going from Oktyabrskaya subway station testified to that fact as well, since they looked really bleary-eyed. I also witnessed OMON cops started to beat guys from the chain who hadn‟t managed to escape through two OMON ranks. The guys were hit with batons, then beat with feet after they fell down, and then they were dragged to prison trucks getting blows with batons on their way to vehicles. One of the boys (I didn‟t see the faces clearly from the distance) who suffered that assault turned out to be my friend Denis from Zelenograd, and he was sentenced to 24 hours of custody, with a whole body covered with bruises and hematomas. It‟s a real fascism! EWA No. 96 I noticed nothing special while moving along Yakimanka. People looked very peaceful, most of them went there with their children. Many women wore high heels. Most people were dressed in light clothes which wouldn‟t have allowed to hide anything underneath and bring to the site. Yes, I watched demonstrators trying to protect other demonstration participants with own bare hands when cops knocked people off their feet and dragged in the direction of OMON chains. Some cops were taken off their helmets which were thrown into Obvodnoy Canal. I never saw demonstrators using batons they had taken away from cops – they were thrown into water as well. Of course, people didn‟t favor cops, but they had no weapons to use but for their hands and legs. However, OMON was extremely tough, and even violent towards demonstrators: they stroke people with batons indiscriminately, including at their 178

heads. About 4–5 cops attacked one individual as a rule, stroke him/her down and whacked with batons and feet. Many demonstrators were bleeding. Guys dressed in black and wearing face masks threw several fires. Cops used tear-gas a number of times. It had practically no impact on me as I‟m a smoker, that‟s why I didn‟t try to escape it and saw gas cylinders that cops used rather distinctly. At the same time, I never noticed any gas cylinders at people‟s hands. OMON began to take control over the situation step-be-step. They sliced the crowd and forced people away either to Maly Kamenny bridge, or to Luzhkov bridge which was opened for exit (it was blocked by the police up to that moment). EWA No. 97 I saw with my own eyes a stone flying at cops. One cop (he didn‟t have a badge on) picked the stone up and threw it back to the crowd. Someone from the crowd hit a cop (not identified either) with a flag pole. I was arrested while descending Kamenny bridge at about 18.30. The OMON started offence and the crowd turned tail in panic. I stayed were I was, OMON cops passed by. When I turned back I saw a cop who caught some guy, threw him on the ground and started swiping him with a baton, with his knee standing on boy‟s back. I saw that cop beat him twice. I addressed to that officer and asked him to show his documents, a badge and to explain the reason of his violent behavior, showing the Federal Law “About the police” to him which I held in my hands. At that moment, another cop came up to me from behind, grabbed me by my hand and tried to wring it, but failed. Another cop arrived to help him, and caught my second hand. I tried to explain to them that I wasn‟t going to resist but they were to introduce themselves, present their documents and explain the reason for my arrest according to the FL “About the police”. One of them answered nothing, another said that his surname was “Pupkin” and tried to wring my hand, again in vain. I was brought to a paddy wagon. There were other policemen standing near it, with badges. I addressed to them begging to stop that absurd behavior of their colleagues and tell their personal data. All cops with badges immediately retrieved. The cops that arrested me checked my possessions without attesting witnesses. They wore helmets with sun-proof glass and without any badges so that was impossible to identify afterwards. After that, I was pushed into the prison truck that stood at Bolotnaya Square until 8:40 p.m. and arrived at the OVD near Rechnoy Vokzal. There were 21 men and women in the vehicle, two of them were from St. Petersburg. Police drew up a protocol and I left the police department after that (at 11:40 p.m.). Protocols were made by completely different cops, but not the ones who arrested all of us. EWA No. 99 Cops were using batons constantly while colliding with the crowd, arrested people who fell down, beat those who were trying to protect their friends and pull 179

back their friends from cops. Arrests were violent – they knocked people off their feet, fragged over the pavement, hit with fists. I saw a cop who lost his baton and therefore hit a demonstrator with his fist. Girls and older citizens were swiped too by the policemen, just on the spur of the moment. The participants of the march were trying to keep at safe distance from cops, evade conflicts with the latter. All possible violent acts from demonstrators‟ side were nothing else but attempts to escape an unlawful arrest of cops assault of such people or their friends, who were simply defending themselves. And I think it rather sensible to consider throwing of sticks, glass bottles and use of flag poles to be really acts of self-defense against unlawful police actions. And I find it necessary to mention once again that most people didn‟t have a slightest idea why a peaceful march grew into conflicts with the police followed by arrests and violent behavior of the latter. EWA No. 101 I think most people were simply shocked since they were witnessing unjustified acts of violence towards peaceful people. Some people were trying to resist. Someone protected themselves with plastic placards poles. Someone threw stones. OMON implemented brow-beating methods to clear people away from the site. All exits were closed first, and people got trapped. Then cops started beating all demonstrators indiscriminately. Then they sliced the crowd into groups and beat separate people standing in those groups. At last a pass was created and people managed to leave Bolotnaya Square. EWA No. 103 The mood was fabulous at the beginning of the march. People were joking, laughing at placards, were scanning slogans. There were quite different people but all were cheerful and friendly, so that I even recalled May-day demonstrations I had used to participate in when I had been a schoolgirl. I was at the river and embankment fence almost all the time. When it was announced from the stage that the meeting wouldn‟t be held I tried to make my way to the “Udarnik” cinema-theater to find a way out from the square, but there came shouts from somewhere ahead and I returned. Several time people tried to run in the direction of the stage when OMON cops used to force people away, but there stood a middle-aged officer with a military bearing and stopped running people three or four times saying that people would trample themselves down. I thought at that moment that he might probably have prevented a real mass jam, which was horrible in itself, moreover there were completely no ways out seen from the square. Several cops with rubber batons used to run up, grab any man who was closer to them and took him away, with his head bent down and arms behind his back. Some people couldn‟t move with fear and because of suddenness, then cops

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dragged them and one or two other cops got their backs, although none of demonstrators carried out any actions in response, they simply shouted. As I wrote above, I saw a man was hit with a baton at his arm when he was holding his friend round shoulders. After that, they both were taken to a prison truck. OMON soldiers took people to buses, where other cops checked all of them further, some people were released, some were put into buses. And OMON soldiers returned back and took new people away, it was a real conveyor. I witnessed all events that were taking place at the “Udarnik” at a distance. I couldn‟t distinguish details since I am short-sighted. I just saw OMON colliding into groups of peacefully standing demonstrators who had no ways out of there, grabbed those standing closer to them and moved them away to the buses standing behind the stage. Then my friend came, who wanted to find an exit and told that he had seen cops had hit a journalist, and he had been bleeding, and my friend gave him a bandage he had found in his bag occasionally. Then I saw young men throwing toilets to barricade themselves from OMON soldiers. They all got arrested later, too. I witnessed not a single case of demonstrators assaulting a cop, at least near the embankment where I stood. I saw two police helmets swimming in the river, a police boat tried to pick them up later, but people shouted and the boat sailed under Maly Kamenny bridge. Later, when the square in front of the “Udarnik” was cleared from people, policemen started to move in our direction surrounding us from the four sides. I could see it since I stood on the parapet, which is a bit higher than Bolotnaya Square. People were just standing, I was asking cops where should we go but they kept silent and were just standing, too. Than a short lieutenant colonel ran up and ordered to move forward to the chain. Several journalists addressed him asking to let them go, which the cops did. My friend and I repeated the request, but this time cops wouldn‟t let us leave. At some moment, we got face to face with cops chain, and I watched cops seized men from the crowd and led them away. People didn‟t protest. Some people hold hands together not to let cops take away anyone from the crowd. One cop hit a man, rather strongly, at his hand, I even saw a hematoma later on. He was pulled away too, but released in a while – I saw him returning to his friends. The lieutenant colonel kept fussing around the chain from all four sides and ordered soldiers to move forward. People were in a jam and asked each other for excuses when they had to step on each other‟s feet. We could breathe with difficulty, people cried: “What are you doing?” Then the chain opened from the side of the stage, and people got a possibility to leave the site, which we did and headed to Polyanka metro station. Nobody chased us, there were no cops except those standing near the entrance to the subway station. A woman from Astrakhan accompanied us, and she was telling us how they were travelling from Astrakhan to this rally. They got off in Tula and went by suburban train then, but their friend who had stayed in the previous train with their things was arrested. Thus, I reached the subway and went home.

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EWA No. 106 I witnessed OMON cops were using rubber batons, legs and arms, and even tear-gas which I felt myself. I saw an elderly man came up to cops chain with the words: “What are you doing?!” – he was hit with a baton, his temple started bleeding. Then I saw demonstrators taking off helmets from cops and throwing them into the river, and then a group of two or three cops was knocked down and beaten by the returned crowd. Though all those cops got up and walked themselves afterwards. That‟s all what I remember. EWA No. 108 I returned from Bolotnaya to the corner at Maly Kamenny bridge. Conflicts were on there by that time already. First, we stood in chains with people who were around to resist OMON rushing into our crowd to grab separate demonstrators. We stepped back at some moment and got dispersed. A cop grasped a man standing next to me and pulled him away. I caught that man too and began to pull him to my side. Someone rushed into us from aside and we all fell down. Suddenly a hand appeared in front of me and sprayed gas right into my eyes. Last, I could see was a young guy lying on the pavement in front of me, with blood running from his head. I think after OMON sprayed the gas they fell back for a while, and I was crawling over the ground for some time and could see nothing. Some guys helped me to get to the river and wash my eyes. As soon as I was able to open my eyes (in about half an hour), I headed home. EWA No. 109 I remember cops grabbing separate people out of the crowd and driving or even dragging them away in the direction of the “Udarnik”. Cops often simply beat people (lying already on the ground) and then returned into their chain. People in the crowd were trying to keep each other from sudden inadequate actions. I was bandaging three young guys, they all were without masks or any weapon and showed no signs of aggression, and an elder lady who was hit by a cop rather strongly with a baton (she was keeping someone by his clothes preventing OMON soldiers take him away). Her hand was bleeding near bones, she was rather perplexed. One young guy had his eyebrow dissected and the wound was bleeding heavily. Probably he had brain concussion since he didn‟t manage to understand straight away what I was saying to him. He was almost snatched out of cops and was walking with support. He behaved rather peacefully before that and it was impossible to predict such situation. I‟m eager to refer all the details in a private talk to a person whom I can trust, and I‟m ready to identify that guy on a photo if necessary. He is not listed in the case of the people arrested on May 6, and I wouldn‟t like to do any harm to him by such actions. Another guy who was standing very close to me was hit very badly by a cop with his elbow right at the

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boy‟s neck, and fainted. He was taken away without any vital signs. Afterwards I found out that he was alive, thanks God. EWA No. 111 First of all, there passed some people wearing some strange plywood figures of people with some abusive words referred to demonstrators written on them, something like “carton rioter”. It was before metal detection arches yet. They were asked to leave, people cried shame on them. But those guys kept standing and keeping silent, hiding behind veneer figures. Other people began to throw small coins into them, and then pulled out those figures out of their hands and destroyed them. Those guys ran away. EWA No. 112 At the very beginning of the events, when I stood at the entry to Maly Kamenny bridge, people were passing me by holding their heads and other parts of a body with their hands. They told cops had beaten them. One of them heard a policeman got a message over his portable radio speaker that several policemen had been injured with a knife by demonstrators. It was before all that mess began, so I think it was the main reason for further cops‟ particular violence. EWA No. 114 I can‟t say for sure whether it was the beginning of the conflict. We came up to the corner of Maly Kamenny bridge and Bolotnaya Square from Bolotnaya side, and stayed at the embankment near the trees. Groups of “spacemen” in the form of a wedge began to separate from their chain: one or two “spacemen” in front and about 5 cops behind them from each side holding each other by a shoulder with one hand. They moved forward quickly. Having reached a peacefully standing crowd of demonstrators, they would start beating everyone around with their batons, grab people indiscriminately and drive them away (probably to their paddy wagons, be we didn‟t see it). I saw cops beating women, men, people of different age, with different flags, placards or without anything at all. People fell down onto the pavement, cops kept whacking them, with batons and feet. Someone pushed my brother, he fell down and injured his hand, then got up and we ran towards Bolotnaya. “Spacemen” got back to their initial position, closer to the “Udarnik” cinema-theater. We returned to the trees at the embankment. Such OMON assaults repeated several times. Then some chief officer separated from the column of policemen (there is his photo available). Several people and I came up to him and asked what was going on, and why cops behaved so violently towards peacefully standing people. He answered that they were arresting those people who were leading to mass disorders. We started to object to it, since no demonstrators broke the peace, all people were just standing. Probably there were any cases of breaking of the order from the other side of the crowd, but here there was nothing like that

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observed. People stayed bewildered whether they should go to the stage where a meeting was to take place, or leave the site. I witnessed cops knocked down a woman of about 80. Several men rushed to help her, but got blows with batons from cops. Some of them where taken away by cops towards the “Udarnik”. I don‟t think I will be able to recognize their faces, but dozens of people were beaten with batons, which I saw with my own eyes. Demonstrators‟ actions were exclusively of defensive character. When cops were beating and dragging someone away, other people were trying to take the arrested away from cops. We stood at the embankment at the very corner, near the trees close to the river. We ran away for a while towards Bolotnaya, when new assaults were started by policemen, and then we returned again. Then we crossed the bridge to the other river side believing that conflicts ended and people were leaving. But from that place we could see already that chains of “spacemen” cordoned meeting participants from all sides, as if in a trap, divided the embankment into areas and started pressing people and whacking them with batons rather actively. People had no way out. Which I find most abnormal is extreme unjustified violence of cops towards peacefully standing people, together with act of crowd “slicing”, jamming people and creating traps with no ways out for the latter. EWA No. 118 It was about 6:00 p.m., when I was standing in front of the cordon and saw two cops trying to grab a girl standing by my side, but she managed to pull out her hand and squeeze backwards. Cops seemed embarrassed for a moment, but then they grabbed me and lead to a prison truck, with my hands wringed, in spite of the fact that neither I had thrown a thing into cops, nor showed any signs of aggression. I even agreed to walk myself asking not to wring my hands. My joint ached me for a long time afterwards, I could hardly move my hand for two weeks. I asked cops to introduce themselves, show their documents, explain the reason for my arrest, etc. But I got no reply but for swear words. It was the same inside of a paddy wagon: they neither answered any questions, nor presented any documents, completely no reaction to my questions. EWA No. 120 As it turned out later, there was a narrow walkway to Bolotnaya Square. My wife, our adult daughter and I started to squeeze through dense demonstrators‟ mass in that direction. Suddenly we heard several claps somewhere near the park, then clouds of dark smoke appeared. Some 7–10 minutes later I saw several people (about 4 or 5) in “balaclava” masks making their way through the crowd rather fast towards Yakimanka. OMON soldiers in groups of 8–10 people started to rush into 184

the crowd, grab 2–3 people from it and step pack pulling the arrested with them. Demonstrators tried to stand up to the cops pulling their friends back from cops. Cops swiped those who opposed to them with batons, arms and even their feet. Cops dragged the arrested holding them by arms and legs, and sometimes even dragged over the pavement to the square behind their chains where prison trucks stood. I saw a cop hitting an elderly woman, and after that she was pulled away by her hands and feet behind the cordon. Several people cried: “Leave the woman alone!” and tried to pull her back, but where hit with batons by cops and had to retrieve. Then cops announced by means of loud speakers that the meeting was over and asked people to leave. Large groups of OMON cops wedged into people crowd, dividing them into separate groups and forcing out to the pavement of Maly Kamenny bridge. A cordon of OMON and soldiers was standing along the pavement of the traffic way. There were police buses and paddy wagons on the bridge. Arrests continued. The site was cleared out of demonstrators by about 7.00 p.m. EWA No. 122 I stood at the corner until it got too “hot” there: cops started grabbing people from the crowd, beating with batons and dragging away towards prison trucks. Cops were whacking people – I saw it all, it was impossible to fail to notice it. Some were trying to protect themselves, their relatives, friends. OMON cops were very tough in their actions, but stepped aside for a while when got a number of first awkward hits in reply, and started to plan more organized and aggressive actions. And then, the real “heat” began. Two young men accompanied me and I was in charge of them, so we moved towards the stage. I witnessed so many cruel actions while standing at the corner that nothing else but hatred arose within my soul towards those cruel “executors”. I had a strong desire to put my camera aside and take a big stone in my hands! I could hardly control myself. But I did since I was in charge of others. What else I want to add regarding the metal fencing: people tried to cover themselves behind it from enraged police forces, but cops kept assaulting while using gas (I got the proofs on pictures). And I managed to shot one cop throwing a burning “fire” (or how they call it) into people dressed in light summer clothing. We stood near the stage when it was being disassembled, though the time of the meeting was not over yet, then we tried to go back, but the path was already blocked by cops. All ways out were cordoned by that time without any exits possible. An extremely unpleasant feeling! Some people said that cops were going to whack us (there were about two or three thousand people in our sector), others – that we were going to be arrested. But eventually a narrow pass was opened along Bolotnaya naberezhnaya and cops drove us as if we were a herd of cattle, or like fascists had been driving their prisoners.

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EWA No. No..123 The most vivid recollection: cops were wringing some timid boy. He stood about a meter and half from my site and looked like Harry Potter. The boy was frightened, it was obvious, but he kept standing in the first row for some reason until he was caught by a policeman. That guy did nothing wrong! Even kept silent, although everyone around him was shouting: “Murderers!”, “Fascists!”, “Russia without Putin!” Then they wringed some girl and hit her at hand with a baton. A boy jumped out of the crowd (probably her boyfriend), started to keep policemen at hands to prevent them from beating that girl. But he was thrown on to the pavement by cops, his hands wringed, and cops dragged him to their paddy wagons together with that girl. I saw a father stood up for his son: jumped onto cop‟s back who was assaulting that man‟s son, managed to fight the cop off. Quite an ordinary man, in glasses, looked like an engineer. He took a cop‟s baton away. Three cops assaulted him and started to beat. People saved him, having pulled him back into the crowd. He saved his son. A real hero – can‟t describe him in any other way. EWA No. 125 Extremely warm atmosphere, nice weather, pleasant communications, no reasons for violence, even a short concert prepared by the MSU students. All events that happened later were a shock to me. EWA No. 126 Yes, I witnessed policemen hitting unarmed people (even those who were already lying on the ground) with their feet, truncheons, fists, with some particular hatred, as if really aiming at injuring people severely. I insist that arrests were executed at random, and any meeting participant had every chance to get arrested. I witnessed cops took down a girl from a fence, with a placard in her hands, and wringed her, forcing her to a prison truck. Then they pulled out a guy from the crowd and drove him such a blow with a fist at his face that I think he got rather a serious trauma at that moment. He lost coordination, with his head bent backwards completely unnaturally. Someone caught him from falling and tried to pull back to the crowd. Which is more disgusting; all those actions of unarmed peaceful people assault by enraged police representatives were going on at the place approved by the authorities as a site for a peaceful concerted action! I saw people throwing different objects into cops from the crowd: plastic bottles, or something else. But I‟m sure it was nothing else but self-defense of peaceful citizens against zombie- like cops armed up to their teeth! EWA No. 130 As far as I can judge meeting participants behaved very peacefully, like they had used to during any other actions or meetings conducted earlier. People felt

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completely at ease. I saw plenty of cheerful and calm faces. People were happy about the sun, spring, they talked, read poetry. And on the contrary, cops looked unnaturally gloomy, strained and hostile. There were some strange people walking in the middle of the crowd, with masks on their faces, they didn‟t communicate with any of the participants and it seemed as if they were looking for something or someone. Several OMON chains closed the rear, and vehicles moved after them (trucks if I‟m not mistaken). This fact in combination with strain and hostility of OMON cops produced impression on me as if they were preparing for some forceful actions, while all the demonstrators behaved peacefully and the overall atmosphere was rather joyful and cheerful. EWA No. 132 Demonstrators: a guy dressed in a leather jacket rushed with all his body onto cops ranks. Police: standard rude behavior, as usual. Grabbing people out of the crowd, taking people away, wringing their hands, arrests without and reasons. Beating anyone around indistinctly, including people with cameras. No violence was applied to me personally, but for one case of provocation, when a cop pulled a Pussy-mask from my head off with an evil grin, like at school “now you try to get it back”, and when I actually tried, he just passed it further over OMON cops who wouldn‟t give the mask back. I got enraged. And I got surprised with cops‟ behavior at some moment: they began to force people towards a foot-bridge, while other police chains forced people in the opposite direction, right towards us. EWA No. 141 I saw an elderly woman dragged by cops from first crowd rows. She was hit with a baton at her head. Someone called for a doctor, people cried that she would pass away. I dialed 112 and described the situation with that woman. Then there was a break for about 20 minutes. The woman was pulled away to the bridge by several people where an ambulance stood. There was a corridor for demonstrators to leave. EWA No. 143 I was directly at the turn and face-to-face with OMON soldiers standing in a chain. I addressed to their commander over soldiers‟ heads asking to release a chain a bit since it was a terrible jam in the crowd, but I got no reply, neither verbal, nor actions. Answer to question No. 15 (EWA No. 143): All demonstrators were enclosed by OMON chains for about an hour before the meeting end, and wouldn‟t let them go away from Bolotnaya. They opened the chain only at about 8 p.m. and allowed people to leave.

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EWA No. 144 During one of OMON hit-run raids into the crowd all people rushed back, and a girl fell behind me. I was afraid that she might be trampled underfoot and began to help her to get up. Thus, I turned out to be “on the frontline” and was grabbed by the police. Probably I was taken for E. Limonov because of a grey beard and spectacles (I heard someone of policeman said behind me: “That‟s not him”). I was held with a baton around my throat, and got several blows with another baton right into my chest (X-ray showed no breakages, but it still ached me for a long time afterwards). We were jammed in a paddy wagon, I was brought among the last arrested, and I was standing. When we were brought to the Sokolnichesky UVD, we still were kept inside of the vehicle and my neighbors in the paddy wagon were watching the events online in twitter. Then there came an order to let us go since the events on Bolotnaya Square got tougher. I left the vehicle among the first (since I was brought the last and was closer to the exit), they drew up a protocol for me under article 19.3 (they gave me only the first page copy). I took a photo of my written evidence at 7.19 p.m., and they let me go in about 5 minutes after that. I received no summons later on, and I didn‟t give them my telephone number either, of course. EWA No. 145 I returned to the square in front of the “Udarnik”, where OMON soldiers standing in a dense chain, holding each other under elbows, began to press peacefully standing people to the parapet of the Yauza river. Since there stood a lot of old people around me who were simply watching the events without any active participation, they started to clamor and insist on cops stop the violence. At that time OMON began beating people still more aggressively and forcing them to the Yauza parapet with more enthusiasm. There appeared danger of falling people into the river or jamming each other. I started to shout to OMON cops that they might cause a tragedy and it would be a worldwide shame. In a while I managed to find a narrow path and left the cordons. I was watching all following actions from behind the OMON chains. EWA No. 146 I was in the park at the bridge first, then when it became clear that the OMON began to try to cut the people column off at the bridge from the square, I went to Bolotnaya and retrieved (we were moving like a pendulum: one step forward, two steps backwards) together with the “wall” trying to keep as far from OMON assaults as possible. I was near a tent which had been put by the ecologists, and heard Chirikova trying to cheer up people, I saw the left-wings trying to create a column and go for a desperate break-through. I stood near drums. Then OMON began approaching from Pyatnitskaya and it became clear that we got trapped in a bowl. OMON soldiers were standing in a row along Luzhkov bridge, and then 188

pressed people away to the other side of the Obvodnoy Canal. Cops started separating us into parts. I was near the park parapet for a while, by the toilets, then I was rushing about the cordoned area without any sense for some time trying to evade batons blows. Then someone announced through a loud speaker that there was a corridor opened near Maly Kamenny bridge and I moved there, then I walked through side-streets, reached the “Kropotkinskaya” station and went home. The procedure of clearing of the “Bolotnaya” side was coming to an end by then, and cops were beginning enclosing people from the opposite side of the channel. After the conflicts when people tried to build a barricade of toilets (I was next to them and hardly managed to jump out of one of them). The situation stabilized for a while, but we were enclosed from all sides. Suddenly someone started to talk over a loud speaker offering to leave, in a context “if you are not anxious about your health”, something like that. And the announcer waived in the direction of Maly Kamenny bridge. One could get to the bridge there and reach Yakimanka walking through it, along OMON cordons. I didnt‟ go the “Oktyabrskaya” station since I was afraid that people might be arrested there too, and headed to side- streets passing the Cathedral of Christ the Savior by to the “Kropotkinskaya” station. People still were kept at the embankment opposite to the Bolotnaya Square. I witnessed plenty of acts of violence from OMON soldiers who were rushing into the crowd, slicing it into parts, beating people indistinctly, rather heavily. I saw people lying on the ground, bleeding, someone was lying with a broken head, people were crying and calling for a doctor. When I left the bridge, people started running from the direction with watering eyes, they said cops had sprayed a tear- gas. I saw some smoke indeed, but I‟m not sure whether it was gas. There was no confrontation, but quite peaceful negotiations with officers standing behind OMON cordons. In most cases people asked cops to let them go. EWA No. 148 I tried to walk through Luzhkov bridge, but OMON soldiers were standing there and wouldn‟t let anyone go to the opposite side of the bridge. Then I moved further, to Maly Kamenny bridge where I could walk in the direction of the “Udarnik” without any difficulty. By the way, there was no control there at all. Neither metal detection arches, nor anything like that. Any persons could come from there easily and bring any objects with them. Before the column arrived at Bolotnaya Square, there had been not less than 500 people, I believe. I saw there about 20 young “nashists” spreading different abusive leaflets probably trying to provoke arguments and conflicts. But they were doing it somehow inertly, to tell the truth.

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EWA No. 150 OMON soldiers were pushing people by small groups. They walked in a file, attacked a person by groups of 4–5 cops, two were dragging the person, the other beating, then drove that person to a prison truck. They beat women too often, for some reason. Cops pressed people from several sides: from the “Udarnik” and Bolotnaya Square – and then whacked that crowd. A cop was whacking a woman pressed to a fence, rather furiously. She was dressed in a white jersey and a lilac- brown skirt. She was pressed by people and cops so tightly that couldn‟t even raise her hand to protect herself from blows. I saw about 6–8 men wearing masks, cops didn‟t detain them. There was heard an order over a portable cop‟s radio transmitter: “Active crackdown!”, and cops started chasing us. EWA No. 153 It was a planned and thoroughly prepared action, with exact reckoning on people reactions: if innocent people – elderly persons, women – were being whacked, who would pass by without any reaction?! And go further to the stage for a meeting?! One and the same scheme had been repeated: “spacemen” ranks pressed people masses, then “assaulting wedges” ran out from behind cops cordons, beating violently anyone on their way, other people rushed to protect those who were beaten, “spacemen” stepped some 100–150 meters back quickly arousing euphoria in the crowd, and then with shouts “they are running! Forcing them away!” cops collided with the crowd again, again beating someone, grabbing someone, retrieving for a while… They had an obvious task (read the FSS manuals): “shake” the crowd up until it becomes unrestrained and outraged! Thanks God, separate people and activists were wise enough to prevent the real hell: they coupled into dense ranks and protected themselves with placards. People created a living wall from the park up to the river, while facing the “Udarnik” and enraged OMON soldiers. But the stage had been destroyed by that moment, and “crusaders” came from the rear dispersing and forcing away the last bastion of common sense. One elderly woman was passionately trying to persuade “spacemen” that it‟s a nonsense to behave violently towards own people! Cops were swiping people so furiously that some were even losing their helmets and armor in the process, which people would pick up without any delay and throw into the Moscow-river waters. I use a helmet myself (I‟m a pilot), and it‟s a real puzzle for me how it is possible to take a fastened helmet off someone‟s head?? Only if with a head inside it! EWA No. 156 I was moving among an extremely cheerful crowd. I saw people with kids: one child was sitting on his father‟s shoulders. There were many babies in strollers.

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I heard a woman calling to someone and saying: “Come here, the weather is fabulous, we shall have a nice walk”. EWA No. 158 Having left my wife at the parapet I decided to go and find out whether there was a way out to the stage at Bolotnaya Square. But I didn‟t manage to reach the stage. When I returned, my wife told me what she had witnessed while I had been away: a young man had been selling canned beer which he had been taking out of a large sports bag (it was strange how he managed to pass through the metal detection arches); then another boy had run up, his head bleeding, he had laid down on to the grass. Women who had been standing nearby had carried out first- aid procedures. Principal events started after OMON demanded to “clear” the square since the meeting was over. We got indignant: the meeting had not even started yet. People were not going to leave since the meeting was concerted and approved. OMON standing in files started to force us away from the square in an extremely rude manner, in spite of the fact that there were plenty of women and old people among us. We got separated with my wife at some moment. Someone helped her to climb a sloped lawn. And I was caught by cops (I‟m 75), they began to wring my hands and press onto my neck. Other demonstrators stood up for me. Cops (there were two of them) left me alone when they saw how many guys were going to protect me from them. We noticed that cops were whacking people to the left and to the right, disregarding the fact whether those people had done anything wrong or not. They were beating everyone around, completely indiscriminately. They were swiping with their feet and batons even those who were lying on the pavement. EWA No. 159 When we arrived at Bolotnaya Square, cops sprayed some gas. My 85-year- old friend and I sat down right onto the pavement. We felt unwell. Passing by people asked us to get up, since cops could have arrested us having decided that it was an act of a sitting protest. We stood up. Natalya Fateeva was standing near us. There were no barricades constructed of toilets, we were just standing in a queue. My friend asked people to let her go out of turn. We were told that cops wouldn‟t let us go back. But we felt unwell. We were in a real trap in the park of Bolotnaya, without any possibility to leave. We were embarrassed and frightened. Some man saw that we were unwell and helped us to climb a high fencing having persuaded an OMON cop standing there. We came up to the fountain. One more man and a woman were brought here – they came from Chernobyl. The 191

woman was vomiting because of gas. OMON soldiers in helmets were standing along the fencing perimeter. At last we could recover a bit our breath near the fountains, where regiments were being drawn up. We heard orders: “Company! Line up!” They were ready to crack down the demonstrators. They were waiting for a signal, talking over phones, and reported that the regiment was ready. There were several of them. And which was most shocking – there stood women with dogs along the perimeter, about 15 of them. Nobody could see them but for us. Suddenly a signal came, regiments rushed to demonstrators, followed by women with dogs. Our hearts shrank: could they really use dogs against people? But fortunately they stopped, and troops kept forcing people out from the square, violently, we heard shouts and brave slogans. Drums sounded really encouraging at that, even after the square was cleared from people completely. Demonstrators with flags were seen at Kamenny Bridge. On the other river bank OMON soldiers were chasing people with batons – the people who were driven away from the square. Light-green water cannons drove through the square. We tried to pass through the principal entry by the fountain, but cops wouldn‟t let us go. The bridge was closed too. We went out only through the far park end, though backup regiments were standing there too. EWA No. 160 The strangest thing was that OMON soldiers did their best to provoke people to conflicts without giving a possibility to leave the square. We got enclosed from all sides, with no exits left. People were pressed, beaten, wringed. It all looked like a previously thoroughly planned action from the authorities‟ side. EWA No. 162 I‟ve got the following impression after the procession: a festive crowd of people, with kids and balloons. I even was taking snapshots of people, most of them came there with their families. Even with babies. No aggression at all. EWA No. 165 Nobody knew what to do, meanwhile people kept coming, the crowd grew more and more dense. At that moment, one man and I came up to a colonel of police and asked where we could go. And he gave a sarcastic answer: “wherever you wish”. All happened in an eyewink: people got worried, probably in anticipation of a jam, and began scanning: “Pass through! Pass through!” People rushed beyond the fence, carrying me out too, since I was still standing close to the colonel. But when people got beyond the fencing, cops started forcing them back, while using batons. At that moment, I found myself in an open space, standing between the crowd and the front line, and someone threw flame liquid directly at me. Thus, I got injured. I could see the rest out of the corner of my eye only: cops

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forced people away to the embankment parapet, beating them with rubber batons, and people were trying to protect themselves as much as they could. When the fire on me was extinguished, I went to look for an ambulance. Cops were swiping people at the embankment already at that time, and I left the site without difficulty. EWA No. 167 I was standing among the front lines when the ring was broken. I told a cop that a whole crowd is pressing me from behind and that I could hardly breathe, but he answered: “I can‟t let you go, I have an order”. EWA No. 170 I was standing on Kamenny bridge and saw a demonstrator escaping from two cops from the traffic road of Bolotnaya Square (very close to the bridge) through the lawn, in the direction of the embankment. Cops were hitting him with batons at his back as they were chasing him. The demonstrator reached the fence where was a dead end actually – only water behind the fence. Cops drove him several blows with batons and he fell down. Then they hit him some more times. Then both cops went up slowly to the traffic road of the embankment. There were many people at the slope at that moment (on the area from the traffic road to the fence), but no one stood up for a guy. EWA NO. 171 Men dressed in OMON outfit and body armor, with helmets on their heads, rushed into the crowd of demonstrators standing on the embankment many times, making people run away in different directions. Cops chased some people, dragged them over the pavement, beat with batons and kicked with feet. There were no signs of fair arrests – cops caught all people indiscriminately. Tear-gas was used during one of such attacks, though I didn‟t notice by whom. OMON soldiers were obviously provoking people for purpose. One cop was provoking young men for a fight, while waiving his baton (like in street fights). The other episode – cops grabbed a young guy from the crowd, dragged him several meters over the pavement kicking with their feet, then stopped. The guy showed no signs of life by that moment. A cop looked at other people standing about 10 meters from that guy and not trying to stand up for him, hit the guy with his feet into the groin, and looked back at that people again who still remained on their places. Then they drove the boy away. I was standing right in front of that and could identify him easily. And I insist that the actions of that cop were aimed at provoking a force conflict. A woman standing next to me offered me to help that boy, but I answered that I simply would be lying next to him there, and that to start fights with the OMON is illegal. The situation was rather tough from psychological 193

point of view. Later on I witnessed young guys started fights with OMON during their further assaults, though they didn‟t take part in previous conflicts. I heard another guy explaining to his girlfriend: “I can‟t stand aside any longer since I‟m a man”. At the end of the events, people who didn‟t participate in any fights (I was among them) went to the fence at the embankment. There we stood in a tight group holding hands of each other. We couldn‟t leave the conflict area since all ways were cordoned by the police. We stood in the area closest to Luzhkov bridge. An active fight was going on at the neighboring zone between OMON chains, closer to Maly Kamenny bridge. Several cops started pulling out separate people from our group, wring their hands and drive them away. I asked one of those cops why they were doing that instead of letting us simply go away, since we were not participating in fights. He answered nothing, and just took out an electroshock device and started to sparkle it in front of my face with a malicious grin. There were people of different age in our group including a short old woman. When cops let us go, young men addressed the same cop saying: “Shame on you! We are young and healthy, but look at her (meaning that woman), could you have taken a gun?” And he answered with the same evil grin: “I shall take it next time”. After OMON chains sliced the crowd at the area neighboring ours and at the opposite side (closer to the park parapet), a cop hit an old woman at her head with his baton (I couldn‟t see the faces clearly). I watched the following power actions carried out by demonstrators: in the midst of the events after OMON group rushed into the crowd at the embankment fence and got stuck inside of it (it was their usual attack – not the first or the second), young people without any arms attacked the cops and started beating them with bare hands at helmets and body armor from behind. The fight ended in OMON retrieval with one more arrested person. I didn‟t notice that they got any injuries. I didn‟t come close to the site of the fight but according to its participants‟ words, they could hardly do any harm to cops without any weapons. The quantity and scale of conflict grew significantly after OMON chains sliced the crowd into groups on the embankment. In an area adjacent to ours there was a fight between cops and young demonstrators. Young people took helmets off the heads of two cops and threw them into the river. I left Bolotnaya naberezhnaya from the area between the OMON chains closest to Luzhkov bridge together with a group of about 20–30 people. We passed through a path between the police and embankment fencing along the river, passing the stage by, to Moskvoretsky bridge. A spontaneously created group of about 30–40 people (including us) who didn‟t participate in fights walked back and stood by the river, with our backs turned to the embankment fence. None was able to leave the embankment for a long time already before mass OMON actions of

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crowd slicing. When people were pressed away from Luzhkov bridge side cordons were put there. There were no passways available towards Maly Kamenny bridge from the very beginning. I was standing in the second line; cops took away several people from the front line having wringed their hands before it. After I addressed the cop who threatened me with an electroshock device, I turned to another police officer whom I taken for their chief or an officer of a higher rank asking him to let us simply go away. This man gave an order to open a pass approximately at the middle of the chain in the direction of Luzhkov bridge, were cops had been taken people away before. People who passed through that opening were probably arrested, too; the passway was closed right in front of me. Then another passway was opened – along the park parapet in the direction of Maly Kamenny bridge, but I failed to go through it again, it was closed either. The rest of the people started to shout: “Let us go!” An old man in police lieutenant colonel garment walked behind OMON chain from Maly Kamenny bridge side (conflicts had ended there by that time already), looked over the area where we stood and ordered to let us go towards Moskvoretsky bridge. EWA No. 173 I was moving to and fro from the corner of Kamenny bridge to the far end of Bolotnaya Square. I must admit that there were plenty of people (mostly women) who wanted to leave the site of the meeting and go through Bolotnaya street to Maly Moskvoretsky bridge. However, the police kept preventing it. It means people couldn‟t leave through Kamenny bridge, since conflicts were on there, and all other exits were blocked off. People were actually held at the meeting by force. I watched an old woman begging OMON to let her go, but they were inexorable. EWA No. 175 After the conflict started the demonstrators standing on Bolotnaya naberezhnaya had already no ways to leave it. Law-enforcement authorities issued no recommendations or orders within several hours. Some cops gave no answers to people‟s questions; answers of others were so perplexed that it was clear that they had no control of the situation themselves. When the concerted term of the meeting was over, cops started addressing people through loud speakers offering to leave the square. I left the square some time later and went along Yakimanka. EWA No. 177 After everything plunged into the smoke to the right of me, about at a 10- meter distance, people standing close to me began to tell that a smoke pellet had been exploded. We saw the second smoke pile of the same kind in about 2 minutes. I thought that was enough for me, and started to move back, though it was rather difficult to do, almost impossible. So I decided to go back aslant, towards Bolotnaya Square. Then I saw some conflicts arose around the barriers with the

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help of which cops were trying to move people back. Cops were snatching people and dragging them to prison trucks standing at the entrance to Bolotnaya Square. People were falling down because of jam and while being pushed by cops. Cops were trying to pull the people lying on the pavement into their buses, but people resisted. Cops and OMON soldiers were swiping people with batons. People who were beaten by them were completely unarmed. I saw policemen raising their batons and beating people everywhere they could. I managed to leave the bridge. I was very thirsty and decided to buy some water somewhere, thus I went along the embankment opposite to the Obvodnoy Canal. Transportable television cars were standing there. Having bought some water I returned to Bolotnaya Square. I passed along Bolotnaya Square embankment, the opposite side to the one where the “Udarnik” is located, and I saw fencing where OMON soldiers and internal troops were standing. I saw that demonstrators were cordoned from the both sides and it was a real trap for them. There were hanging large photo-placards along my way, probably from previous meetings. It looked like an exhibition. I sat down on the parapet near the embankment since there were no ways open, and decided to sit there and wait for an end of the events. Cordons were opened in 40 minutes, troops rushed in the direction of the “Balchug” hotel, and the exit from Bolotnaya Square was opened, which led to the “Balchug”. All people who were present on Bolotnaya were moving this way. The road leading to the bridge towards the Kremlin and Vasiljevsky Spusk was barricaded with water spraying machines, which were standing to the left of Vasiljevsky Ostrov and the “Balchug” hotel, as well as on Bolshoy Kamenny bridge too. People could move only to the right in the direction of subway station Tretyakovskaya. A lot of people gathered in another column to participate at least in another meeting with veterans of the Ministry of Internal Affairs which was planned to be held on Manezhnaya Square, which was announced through a loud speaker. I joined that organized column which was heading to Manezhnaya Square through different route. A chain of OMON soldiers and internal troops was moving along the column preventing it from moving towards the Moscow center. Over some time OMON began to demand the column to leave the traffic way, and they started arresting people. They were arresting those demonstrators who had white bands or scanned slogans loudly. They simply grabbed demonstrators, rudely. For example, I saw three or four men were escaping from OMON soldiers and hid themselves in a cafe. OMON soldiers rushed after them inside, though I didn‟t see whether they arrested those men or not. There is a church near Tretyakovskaya subway station (to the right of it). People were trying to hide themselves behind columns of that church from the cops, but the latter chased them, grasped and pulled to prison trucks. We reached the Tretyakovskaya Gallery and I went home. It was about 9 p.m., or a bit later.

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EWA No. 180 I saw how the cops wringed hands of an elderly man who was obviously unable to protest, which was going on behind the OMON chain (“at the police territory”). It was unfair crying violence. I remembered that episode since I was shocked by it. I noticed no assaults of cops by demonstrators. EWA No. 181 I was moving at the tail of the column. While approaching the Kamenny Bridge, the column stopped, but it could be seen that Bolotnaya Square was empty. Though I presumed that something was keeping people from going to Bolotnaya, and we (there were two of us) decided to go along the other side of the embankment up to the stage level to see and hear everything that would be going on at the meeting. We even thought that probably people would come to the Bolotnaya and there won‟t be even enough space for us. We left the column and went along another embankment along Bolotnaya up to the stage level. The Luzhkov bridge was cordoned by OMON. We stood for a while and when we saw that Bolotnaya was still empty and the Luzhkov Bridge was opened, we crossed it in the direction of Bolotnaya Square. We saw cops blocking the road to the “Udarnik” cinema-theater standing at the end of the bridge. The embankment was separated from the park with metal stands. During the last meeting, the park was open and there were a lot of people there. The site approved for the meeting on May 6 was rather small, but people still were not allowed to go there. There were no passways open, and it was unclear what the police wanted from us. We realized that something was wrong. At that moment we heard from the other side of the cops line someone said loudly that Navalny and Udaltsov started a sitting protest. But cops kept silent when people asked them where they should go or what they should do. They kept silent in spite of the fact that they had all necessary means for communications, and could explain the situation to people, or provide necessary equipment to meeting organizers for them to clarify the situation and give some information to demonstrators. There was no sense in standing, and we squeezed through holes in a fence to the park. The whole park was abuzz with OMON soldiers, vehicles of various types, police dogs. They didn‟t pay any attention to us, probably because we were two old women. We reached the Bolshoy Kamenny bridge, but cops didn‟t allow us enter it. We stood at the bridge and saw OMON ranks cordoning it. We watched cops dragging people to prison trucks (though we didn‟t see the moments when people were caught by cops). Then the packed vehicles were leaving. It all looked like a planned and properly organized action. High-rank police officers were standing next to us and watching all that mess. Then we left along the embankment of the Moscow River.

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EWA No. 182 Even if one wished to leave the square – it was completely impossible. Police chains were everywhere. EWA No. 183 I used to visit meetings and demonstrations earlier, but here I was surprised by a significant difference in the checking procedure. Our pockets were checked thoroughly, our packs and bags were turned inside out. I had never seen anything like that – either before or afterwards. Taking into account that I‟m a middle-aged respectably looking woman, such checking procedure seemed extremely strange to me and I couldn‟t fail to remember that. I kept walking along the square, I didn‟t know what was going on there. I only saw an empty square, and a bunch of people, embarrassed like me. And there were a lot of cops forcing people away from bridges. I almost reached the area where toilets stood (they were toppled over later). I was trying to understand what was going on there, but suddenly all people started to cry, they rushed away and I found myself under cops‟ feet. They didn‟t hit me, but stopped with a baton raised over my head, ready to give a blow. I had never been shocked more than at that moment. The most horrible thing was that I understood nothing what was going on there. I had no idea how to behave and what to do. I just only felt a constant danger for my life!!! We found ourselves in a square-shaped area (I was told later that it was police tactics: to divide people into zones), that were kept on the square and cops let no one leave the site. I was begging to leave me but cops wouldn‟t. Then cops created a chain and started to approach us; then they pulled separate people according to some unknown principle from our “area”. We couldn‟t consider them as people assigned to protect us. Quite on the contrary. They were a serious threat for our safety and even life. I saw bleeding people faces and torn clothes. But I didn‟t remember any details. Guys started to topple toilet cabins over. I can‟t say what was the situation for doing that. But we had no protection and had to protect ourselves. My son rook me away from that square, luckily he managed to find me there. I don‟t know what could have happened to me but for my son. EWA No. 184 OMON soldiers drove us from the parapet to the bridge when area in front of us had already been cleaned from people. We tried to shame cops, but they kept silent, with their faces bold and self-assured. Only one cop said that they behaved violently because it was said that some demonstrators had been throwing asphalt stone into cops somewhere at other place of the meeting. Cops left only one passway for demonstrators along the bridge walkway. We went to Kadashevskaya naberezhnaya to the other bank of the river, and were watching the events on Bolotnaya Square from there. Even cattle at farms are not treated like that. OMON

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started to force people away from the square to Kadashevskaya naberezhnaya, pushing people away from Maly Kamenny bridge. Thus, we found ourselves in Maly Rolmachevsky side-street, and OMON soldiers were chasing us along it. At some moment they caught us and my husband cried: “Don‟t beat, please! I have a crooked knee!” and pointed to his knee with a finger. A cop who was standing closer to my husband took a swing and hit this knee strongly. We hardly reached doctor Liza‟s premises in Pyatnitskaya. The knee got swollen. Doctor Liza debrided the wound and we were staying at her place for some time, because there were cops running outside and catching last demonstrators. We had to go to hospital in several days and make a knee paracentesis and evacuate purulence with blood. EWA No. 185 When I left Bolotnaya naberezhnaya and stepped on Seraphimovich street, I faced a dense crowd and decided to return to the embankment. I went back and faced cordons: four ranks of OMON chains were standing in front of metal detection arches, two of them facing me, and the other two with their backs turned towards me. They all were holding each other by elbows. People were standing from the both sides of the chains. Those who were standing with me were trying to get back to Bolotnaya, and the people on the opposite side were trying to leave Bolotnaya. Cops wouldn‟t let go neither the former, not the latter. There stood a cop in a “standard” police outfit. I came up to him and asked: “Captain, what is going on here? What should I do now? There is a crowd behind me, through which I can‟t squeeze, and there is an empty Bolotnaya Square in front of me, but you won‟t let anyone pass there. Look, the crowd is rather big already. And what if panic starts?” He pointed at someone along the chain: “There is a colonel standing over there, he issues orders”. I went to the left. A group of young guys rushed on to the OMON chain. I didn‟t even manage to understand whether they broke through or not. Then I saw a cop running from the cinema direction and almost carrying a young boy of about 20 holding tight from behind around boy‟s waist, but the boy wouldn‟t even protest. The cop took the boy beyond the fence, I didn‟t see them any more after that. Suddenly someone threw some smoky object. Cops extinguished the smoke but didn‟t open the chain. EWA No. 187 There was a strong panic first. After the cordon was broken through, people began to throw bottles and stones at OMON soldiers who were picking them up and throwing back into demonstrators. They obviously abused their powers: none in the crowd had helmets on their heads. Several people standing next to me were hit with stones. I saw OMON soldiers whacking violently people who were holding the arrested by their clothes not letting cops to take the arrested away. Cops were 199

swiping people who protested and refused to go to prison trucks right in their faces and heads; I saw cops throwing asphalt stones into the crowd, I saw demonstrators beating cops when they were trying to arrest people pulling them out of the crowd. We were forced to the opposite side of the river where columns were moving along side-streets to the subway. OMON soldiers were forcing people to the opposite river bank there. Columns went through side-streets to the subway, where OMON continued to whack last demonstrators. New arrests recommenced next to the Novokuznetskaya subway station, cops were putting all young people who were outside into their prison trucks. I reached the OVD Yakimanka late at night. EWA No. 188 People who were trying to leave the embankment towards the procession didn‟t see the whole picture and pressed each other immensely from behind. At this time OMON concentrated their reinforcements in this very part. I was watching from the curb how troops started dislocation. I‟m a chairman of the Interregional Coordinating Centre “The Solitary Regiment” board. It is an organization of military actions participants, thus we are well aware of some war ruses. Suddenly there flew a smoke pellet from the second line of OMON soldiers, and at this very moment OMON first lines raised metal fencing and started to press people up. They created not simply a jam but a situation when people had no ways to retrieve. At that, OMON soldiers took out their batons and started to beat people standing in front crowd lines. Someone threw bags of dark packs into OMON soldiers in reply, but they were simply things, without anything dangerous inside. My friends and I rushed to the place where a mess started. And a second smoke pellet flew at us at that very moment. I think it was gas. I had a severe heart attack. My friends tried to carry me away from the site of military actions. Actually, they were squeezing through OMON chains standing at the embankment on the way to the Tretyakovskaya Gallery. An ambulance arrived at the Tretyakovka and took me to the intensive therapy. And, please, note! First-aid services had not been informed about the planned protest march and additional first-aid brigades hadn‟t been provided. I learnt that from the doctors who contacted an operator. I heard everything they were talking about. Hospitals had not been warned about the action either! It‟s a real crime committed by the Prefecture! EWA No. 189 Tough check: I had a 0.3 l. plastic bottle with water, a cop opened it and smelled. Then as usually – they ordered to take out of pockets a telephone and keys, a cop started to feel the whole body with his hands. EWA No. 190 The column began to turn from Maly Kamenny bridge and enter Bolotnaya Square at about 6 p.m. But I saw several times when many of those walking ahead 200

were turning around and going back for some reasons which I couldn‟t understand at that moment. No announcements, warnings or whatever were heard from ahead and I was sure that the meeting had already begun or was about to commence. We asked the people who were returning what was going on there. They answered: “total chaos” is there, “they are chasing people”. When I found myself next to a girl – one of the organizers, she had a loud speaker in her hands – I offered to tell to policemen that impeding to meetings and demonstrations is liable to punishment according to article 149 of the Criminal Code of the Russian Federation. But before that girl evaluated and accepted my offer, OMON soldiers started to push people and whack with batons. I shouted the running OMON soldiers: “Hey, guys, what about article 149?” They passed me by, and I stayed alone on almost empty square in the middle of which a young boy or a girl was lying (I couldn‟t distinguish already at that moment), doubled up with pain, with hand around his or her head. А cop was going to hit him (her) with his baton, and I shouted: “Stop! It‟s an article!” then I rushed to him hoping to protect the lying person from a hit, but I was caught by several other OMON soldiers and was taken away from there. When I was caught and pulled along other OMON lines those soldiers were hitting with batons over my legs and buttocks. After that, they drove me with my back ahead, so that I was trying only not to fall down while walking. I kept saying to the cops who were dragging me that they were committing a crime according to article 149, but they didn‟t pay any attention to my words, dragged me to their bus and put me head over heels inside while leaving no possibility for me to stand up on my feet. Maybe OMON soldiers were under drugs since they couldn‟t identify what a creature I was and how I should move, probably upside down as they might have thought. One of them pressed my leg to a door edge while another started striking me blows in my back, probably hoping that it might help me enter the area for the detached right on my hands. The next day when I was released from the OVD Ramenka I found blows traces on my body that I had got during arrest. I fixed those traces at trauma point No. 8, located on Michurina avenue of the Olympic Village, patient record No. 7720. EWA No. 193 I saw a group of 20–30 young people right to the column dressed in black and wearing face masks, with plastic bags in their hands. I noticed brass knuckles on a hand of one of them. The group stooped out against the crowd due to their look. I felt anxious. I started to cry to cops that there were strange people inside of the crowd with objects prohibited for a meeting. I managed to draw cops‟ attention to it, but no reaction followed from their side.

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EWA No. 194 I witnessed a number of violent acts from the police towards unarmed people. Then there came a break after first furious cops‟ attacks. My friend and I stood keeping each other by arms to prevent women from being beaten by inadequate cops. They used to attack by 7 or 8 people holding each other by shoulders and then set apart beating all people around while moving a concrete target. A guy of about 25–30 years old standing in front of us asked cops to stop assaulting unarmed demonstrators. He was blown down off his feet by a sudden hit into his face with a fist. He began to fall down right in our hands. We caught him and pulled back into the crowd. I don‟t remember how I found myself inside of a crowd. Someone told me that people had managed to pull me into the crowd before the cop struck his baton, but I lost my friend out of sight. The next day I saw a photo of my friend with a head beaten off and clothes all in blood printed in various mass media. I also was helping to bandage a broken head of a “Moscow News” reporter. EWA No. 195 I noticed in the course of the conflicts that some small black object was thrown in the direction of demonstrators, and people felt difficult to breathe after that because of some gas. After one of cops‟ assaults (it was about 6 p.m.) there was a man left lying on the pavement dressed in a black jacket, with his face down. Unfortunately, the crowd pushed me away from the site and I don‟t know what happened to him further. I tried to stop illegal arrests twice, while keeping a detached person and not letting cops to take him away. At first cop hit me in my right forearm, during the second time he knocked me down off my feet. EWA No. 196 I witnessed first mass arrests at about 6:16 p.m. I don‟t remember where participants of the “sit-in strike” or an unsuccessful breakthrough operation were at that moment. I saw cops arresting innocent people; just those who were at hand or who expressed their indignity at cops‟ behavior. There were no power attempts from the demonstrators‟ side by that moment. Arrests were carried out rudely, but I didn‟t see any obvious acts of beating. A big group of cops in black outfit (different from OMON) rushed into the crowd and sliced it into two parts: one part was forced away to Maly Kamenny bridge, while the other (where I was standing) – in the direction of Bolotnaya Square. It all happened at about 6:30 p.m.; the cops stood in line across Bolotnaya naberezhnaya, and people had no possibility to leave Bolotnaya Square. Then cops started arresting people who were standing closer to them. They used to arrest people who were loudly protesting to cops‟ actions or were holding placards, or simply stood on cops‟ way, in most cases. They arrested

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me just after I asked why they had blocked the way out. One should admit that the police imposed no requirements towards demonstrators: neither during arrests, nor before they started. At least I heard no claims from the police from the place where I was standing. I was arrested at about 6:30 p.m. at the place where Bolotnaya naberezhnaya led to Yakimanka, not far from embankment parapet. I was put into a paddy wagon standing in Yakimanka at the beginning of Bolshoy Kamenny bridge, together with other arrested people. The paddy wagon was divided into two parts by an impervious metal partition. There were 12 arrested in my part of the vehicle. One of them felt unwell, he was vomiting. I thought he probably had brain commotion but he didn‟t remember if he had been hit into his head (I know the name of that person but I won‟t disclose his name to the court without his consent). We demanded cops to call for an ambulance, but there followed no reaction from the police. We spent about three hours and a half in the truck in total. First, it was standing for about an hour near Bolotnaya Square, then it was moving for a while, and then again it was standing near the Dorogomilovo district police department for about an hour and a half. We were brought inside of that police department at approximately 10 p.m. When I was released, I was given a copy of an administrative offence report under article 19.3 of the Administrative Offense Code. It was stated there that I within a group of 400 people was trying to break police cordons through at approximately 8 p.m. (in spite of the fact that I was arrested at about 6:30 p.m.) EWA No. 202 I saw A.Navalny walking through demonstrators‟ crowd from the square towards the stage. Over some time we learnt that he and S.Udaltsov had been arrested and the sound switched off, which meant that the meeting had been disrupted. Then I saw cops‟ lines slicing the crowd into parts and whacking people with batons meanwhile. Cops didn‟t demand people to go away. Neither they organized any passway for them. Cops collided into the crowd plenty of times. At last, the police made a narrow corridor to Maly Kamenny bridge for demonstrators to leave Bolotnaya Square. I left the square through it together with other people. EWA No. 201 A number of demonstrators wanted to leave the embankment after 6 p.m. while walking through Bolotnaya Square and further on to the town. But OMON cordoned all ways leading to Bolotnaya Square and allowed no one to leave. Many old people addressed the cops asking to let them go away because they felt unwell, but the police paid no attention to their requests for some time at all.

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EWA No. 202 It was a non-provoked mass slaughter of civil population participating in concerted actions approved by the authorities by armed-to-teeth police and OMON representatives. Multiple illegal arrests of demonstrators were executed. The police managed to force people away from Bolotnaya Square rather easily. It‟s a big puzzle for me why didn‟t they do it from the very beginning if they had an order to break up the demonstration? What for did they poison demonstrators with gas, hit with batons, press and kidnap people? We had a horrible feeling that nobody would be able to leave the island without being beaten and/or arrested by the police. There were seen no routes for escape, people were enclosed from all sides along the entire perimeter. Demonstrators‟ lines kept reducing under cops‟ attacks. EWA No. 203 I didn‟t see any conflicts on the square, only smoke. But I witnessed actions of “confrontation” on Bolotnaya naberezhnaya. I was surprised by cops‟ behavior: they crushed into the tight crowd of demonstrators dividing it into parts, and pressed people. Some people were pinned against the grid of the embankment. Cops neither explained, nor demanded anything, either legal or illegal. It seemed to me they arrested people rather occasionally, without any fair reasons. Some people who wanted to leave the embankment couldn‟t do it since there were no passages. EWA No. 209 In spite of a long queue standing before the arches, I was checked rather long and thoroughly by a woman-cop. EWA No. 216 The third thing which surprised me: there was a second line of metal detection arches tight after a sharp turn to the naberezhnaya. One more weird thing was absence of possibility to leave the embankment and go farther (in the direction of Moskvoretsky bridges). And at the same time people had no possibility to go back through the second line of arches. People wanted to leave but were not allowed by the cops, until demonstrators managed to break cordons through. My actions were the following: I reached the embankment and passed second line of arches through. We had been waiting for a meeting beginning for a long time. I came up to the stage and found out that there were no ways out. I got worried. The number of people had significantly increased, but the site was rather small and narrow in itself. Moreover, it was cordoned by the police. Cordons, cordons, arches… The only route remained open was the river. Someone announced from the stage that Opposition leaders were sitting by the “Udarnik” cinema-theater since the authorities disrupted the meeting scheme. That was

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obvious, and people headed towards arches near the “Udarnik”. All people boiled over and started to walk back in spite of prohibition. EWA No. 218 I didn‟t see any conflict itself, while being at the embankment among calm and peaceful people who had no idea what was going on at all. We heard some noise, separate shouts. Than OMON chain started moving in our direction cutting the crowd rudely. Then another OMON chain approached from the stage side thus blocking demonstrators standing on the embankment. Very “nice of them”. EWA No. 220 I saw that there was practically no checking procedure at one of checking points. It was at the corner of Maly Kamenny bridge and Kadashevskaya naberezhnaya. People were walking through open police metal barricades. I passed through them later too. EWA No. 224 OMON assaults and retrievals repeated several times. I was shocked to see a cop hitting a rather old woman with his baton. I had never seen anything like that before. I saw asphalt stones, flagpoles, boots, police helmets (pulled out from cops) flying in the direction of policemen. OMON acted in the following way: they gathered in groups, holding each other by shoulders, then running and colliding into the crowd at full fling. Then they grasped anyone of the crowd, whacked him/her with batons and drove to a prison truck. They were striking blows severely, to the right and to the left, indiscriminately. I witnessed a guy with a broken head and a woman who were brought to the parapet (people yelled they had been killed, Thanks God, they hadn‟t). EWA No. 225 As soon as we found ourselves at Maly Kamenny bridge, people were standing there rather tight already. We stopped about three meters from the handrails facing Bolotnaya Square. It was rumored at that moment that the police disrupted the meeting and wouldn‟t let people approach the stage (some time earlier we were surprised to see that Bolotnaya Square had been cordoned and no people were allowed to go inside). We stayed in the crowd for a while on the bridge, and then tried to get to the embankment. We hardly squeezed through a tiny hole near the very bridge edge which was left by cops to enter the embankment (2 or 3 meters as it seemed to me). It was not that overcrowded at the embankment. We decided to come up to the stage, but there was one more line of metal detection arches ahead (approximately on the same level with Luzhkov

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bridge). There stood cops only in front of us in the direction of the stage and wouldn‟t allow anyone to go there. People were trying to find out while standing near the arches why policemen didn‟t let them go and what was going on in general. Cops either didn‟t answer anything, or behaved rudely and arrogantly. I saw with my own eyes some senior police officer was as if provoking a young man who was trying to talk to him, while talking to him scornfully. Unfortunately, I haven‟t shot that moment. It‟s important to add that as soon as we reached the embankment we found ourselves practically in a trap. There was no way back to the bridge because of an awful people jam there. And cops didn‟t allow us to go forward or to Luzhkov bridge. While standing at the embankment we saw that there was something going on near the “Udarnik”: we saw movements of helmets and crowd to and fro, heard shouts. Luckily, Luzhkov bridge was opened at some moment and we hurried up to leave Bolotnaya naberezhnaya. We were watching the events from Luzhkov bridge for some more time, but then decided to go away to the subway since it was clear that situation had completely gone out of control. EWA No. 238 I saw some dense gas was sprayed from OMON‟s side in the course of conflicts at the corner of Kamenny bridge (when cops were slicing the crowd from Bolotnaya). There was a reporter near cops at that moment (shooting from a stepladder) and he put on a respirator. EWA No. 240 As soon as first cordons were broken through, OMON lines retransformation started. Paddy wagons moved up closer. OMON soldiers began to arrest all and everyone who were standing in front line. Cordons were restored pretty fast. New breakthrough attempts began and cops started to arrest new people. People were dragged over the ground losing their footwear and headgear. People were checked before being put into paddy wagons, while the cops were hitting them with feet and fists. EWA No. 242 A boy was running towards my side from the site of conflicts. Four representatives of the Ministry of Internal Affairs dressed in a special outfit were chasing him. The guy fell down with his belly down, and cops started to beat him with batons. I couldn‟t fail to make a notice to them. They referred their aggression to me, but only stroke a rubber stick over me and stopped. Cops stopped beating the guy, grabbed him and dragged away. EWA No. 245 I saw a representative of the Ministry of Internal Affairs hit a boy heavily without any fair reason: that guy hadn‟t done anything illegal. It all happened close 206

to me (approximately at a distance of 1 meter). He was simply standing, puzzled, while there was no any obvious confrontation: cops and demonstrators were actually mixed together on the Square area close to the park corner. The blow was that strong that the man just simply fell down on the ground. Over some time cops started to slice the crowd and force people away towards Bolshaya Ordynka (people didn‟t protest and were walking away in that direction). An assault group jumped out from behind OMON soldiers‟ chains and one of cops applied “a rush under one‟s feet” method (it is when assaulting person rushes under one‟s feet, grasps them and knocks one down by his own shoulder so that the person assaulted falls on his back flatwise and hit his nape). Which was shocking – that method was used AGAINST A WOMAN. Unexpectedly. She fell down and hit her head badly. No comments could be added. And it was the single case when men from the crowd stood up for the woman preventing cops from dragging her away. Cops probably thought that surprise element was lost, and stepped back. By the way, there were ordinary men who protected that woman, and even grey-headed and of senior age. EWA No. 250 OMON pulled people out of the crowd one by one, mostly young guys and girls, but sometimes even elderly men. The crowd tried to stand up to the OMON and not to let groups of 5 or 6 soldiers beat any separate demonstrator. Cops were whacking people with their batons, feet and fists, and by two or three men per one victim. Some young men were trying to protest bare-handed and not to let cops push them away from the site where they were standing. I saw with my own eyes a woman fell down onto the pavement with a heart attack after cops pulled her son – a young teenage boy – out of her hands. She witnessed the cops beating him, then three cops dragged him away. My friend and I ran to a nearest café to bring her medicines and water. EWA No. 258 A big number of strong young men dressed in black with face masks were walking next to us. They were moving as a whole, in an organized manner, almost together with the column, but there was a feeling that they just were trying to produce such an impression – that they were WITH the crowd. It was clear they were united by some common target. As soon as we reached Maly Kamenny bridge they rushed forward sharply, and I hadn‟t seen them since that. EWA No. 270 As we reached the crossing with Polyanka, we stopped for some reason. As it turned out, OMON soldiers were cordoning the road at that moment. Then we were allowed to proceed to Maly Kamenny bridge. Someone cried: “Look! They are

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barricading the road”. Cops‟ buses started to block off the access to Yakimanka behind us. OMON started to line up and run towards demonstrators. I saw no provocations from demonstrators. Thus, OMON was cutting the crowd into groups and pushing them away from the embankment to the bridge. I was shocked to witness a woman with a daughter of about 8 or 9 was escaping from cops protecting the child with herself. And a huge man in a helmet was swiping her in her back with a baton. We shouted: “Such a shame! Such a shame! Fascists!” OMON soldiers were behaving rudely and even violently. EWA No. 271 Luzhkov bridge turned out to be open at some moment. Then I remember little: it seems to me we still got to Bolotnaya Square through that bridge. Yes, exactly. We saw there was no meeting on, and that someone (I think that was Nemtsov) was being pulled away right from the stage. People were filled with indignation: how it could have happen, since the meeting had been approved. We met several acquaintances and headed towards exits, closer to the “Balchug”. There was a horrible mess there. It seemed exits were being opened and closed at random – according to the cops‟ desire, without a concrete plan. I separated from my friends at some moment and found myself blocked off from all sides. All exits had simply been closed. And that‟s all. My husband had already got out of a barricaded zone and rushed to help me. He came up directly to a cop and said: open the barricades, there is my wife there and can‟t get out of there. The cop opened. I hope I‟m telling the truth here, I didn‟t expect that so much information could have cleared away from my memory during last months. We stood on Maly Kamenny bridge, where the strangest things began. Since we didn‟t see OMON chains, we couldn‟t understand what was going on. It became clear at some moment that cops were preventing people from going to Bolotnaya. People rumored that OMON was there. Someone climbed higher and saw OMON standing too close to the corner leading to the square, which was strange. We were standing there for about 40 minutes. There came an “order” to sit and stay sitting until cops let us go. As if it was proposed by Navalny. At that time people started to shout: “Shame!”, which probably meant that cops started to wring people. I have never dreamed to get into a prison truck. And I came to the meeting not for Navalny. That‟s why we decided to leave the bridge as soon as all the mess began, and try to get to Bolotnaya from other bridges. Approximately at that moment some guys with bicycles told us that all ways had been closed, and people on Bolotnaya were enclosed there. My close relative who had managed to get to Bolotnaya confirmed that fact: I phoned him and he said that he couldn‟t leave the square. They were trapped.

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EWA No. 275 The column wouldn‟t still come up, and it was not clear what was going on there. People wanted to get back to the square. I went to that direction as well. But we were not allowed to get through arches. People got indignant and began to require cops to let them go away. There were people with small kids who wanted to leave the square through the bridge. But cops wouldn‟t let them go away either. Several people started to throw down the arches, others scanned: “Right! Do it!” At last a pass was opened. We left the “trap” and headed towards Maly Kamenny bridge. I crossed to the opposite side along Luzhkov bridge, and headed to Maly Kamenny bridge. A chain of OMON soldiers was standing there and pushing people away to Polyanka and Yakimanka. I found myself right in front of the OMON chain. Upon command OMON ran into the crowd of demonstrators, grasped someone and stepped back. People tried to protect themselves, and shouted “Shame on you!” I saw several people, with their faces in blood. I have no idea regarding a principle according to which cops were choosing their victims. EWA No. 277 Then I saw someone fired a smoke pellet somewhere ahead. It surprised me greatly: how could one bring it here with such a tough check-up at arches? I was pressed away to toilet cabins by that moment near which we were standing, to the right of the embankment along the column movement. I noticed that a man holding a smoke pellet was wearing a face mask (to my mind he was above the medium height). There was a group of about five people next to him, all in masks too and dressed in black. Then I saw OMON soldiers colliding into the crowd by groups of 6. They were doing it in the following way: cadets stepped aside, two columns of OMON soldiers rushed forward while beating all people around (even women and old people). Shouts were heard: “Boys, what are you doing?” Cops grabbed any occasional person and drove him away. Sometimes they carried their victims away while holding them by feet and hands. Their choice of a victim was a real secret for us. For example, I saw cops arresting an elderly woman, hitting her in arm with a baton. This woman was just standing and keeping silent. At some moment I noticed the OMON chain opened and let the group in masks who were firing fires leave in the direction of the “Udarnik”. I said a cop standing by my side about that, but he paid no attention to my words. I saw demonstrators, mostly young people, were pulling the arrested away from cops‟ hands, and throwing asphalt stones into cops. But other demonstrators stopped them saying that it was a wrong method. I witnessed a man toppled a toilet cabin down, then another, and again he was stopped by other demonstrators. I also saw people taking helmets and batons away from cops who were beating them, and throwing them into the river.

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EWA No. 279 Cops were lining up, all dressed in protective outfit and equipped with rubber batons, put their hands onto the shoulders of their colleagues standing in front of them, rushed out of arches and ran towards people. At that they were beating all and everyone around, grabbing someone from the crowd who hadn‟t managed to escape, and retrieved with their victims in the same manner. We were really frightened. We shouted, but they kept beating demonstrators. All passways, either up or down, were cordoned by the cops. They let no one go away though people begged them about it. From time to time the cops continued to rush into the crowd, beating, grabbing, arresting people on some unclear principle – the people who didn‟t fight with cops but were just standing occasionally on their way. Several toilet cabins had already been toppled over to create at least some barricades on OMON‟s way to protect themselves from cops‟ attacks. There stood two boys with drums near us, so people didn‟t panic. I also saw injured and bleeding people, reporters from the “New Newspaper” (wearing blue cloaks) next to them. EWA No. 280 I saw several people wearing face masks in the very beginning of the column, which seemed very strange to me. They were following the meeting leaders, while walking in the middle of the column, and didn‟t look like a group of young anarchists at all! My daughter and I were walking from the left side of the column. As we reached Maly Kamenny bridge, we faced cops there and a jam started. Trying to protect my daughter we moved sharp to the right across the column, hardly squeezed to the park, and came up to the stage. We saw Nemtsov was being detained directly on the stage, and then returned to the beginning of the park. We were staying there for some time watching cops beating people and preventing them from going to the park. When we decided to leave, we faced a triple OMON line standing in front of Luzhkov bridge. They opened a passway in about 30 or 40 minutes, and people managed to leave in the direction of Tretyakovskaya subway station. EWA No. 281 Then people who stayed on Bolotnaya Square were cordoned from all sides. We were in a trap. Then cops started to use the “plunger” method: a dense double line of OMON soldiers were walking across the square pressing people away (all exits were kept closed at that). I saw them whacking an old woman. I wanted to stand up for her but my wife wouldn‟t let me go holding me by my arm. One young man tried to protect her. Cops started to swipe him violently and arrested him, if I‟m not mistaken.

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I was breathing heavily, stepped aside and set on the curb near cops standing in side park cordons. They didn‟t wring me for some reason. Probably I looked like an “injured”. While I was sitting there, cops brought some packs, took out some cylinders out of them and began to spray something. We left (my wife and I were allowed to leave) towards Bolotnaya. We were blocked off. There were fights going on in front of the “Udarnik”. Cops were trying to use the “snake” method to cut the crowd into sectors, it all ended in a mess every time. We were watching that from the center of Bolotnaya Square. Then people who were left on Bolotnaya were cordoned from all the sides. We got trapped again. Then cops acted as a “plunger” once again, while walking in lines across the square pressing people away (all exits were kept closed at that). A pass towards Tretyakovskaya subway station was opened over a period of time, and we left. EWA No. 284 There stood several young men with carton people figures right after arches to the left of Yakimanka (with words on them: “it us our million”, “he is the millionth”). People who came to the meeting were boiling over, they threw small coins at provokers, and then they broke those veneer figures. The police didn‟t take any measures to remove the provokers and prevent conflicts. A group of teenagers was crossing the column (their faces were covered with hoods) and were lashing back: “We are not “nashists”!” We managed to reach a narrow path to Bolotnaya from Kamenny bridge side at approximately 6 p.m. Cops sprayed gas, plenty of it, and people started to cough and suffocate. It smelled pepper. Then OMON began to press the crowd cruelly. We ran to Bolotnaya. Then they sprayed gas every time before a next crowd assault. It all was going on from 6 till 7.45 p.m. (they took my friend, and the time is indicated in an arrest protocol). The meeting itself had been consented till 10 p.m. at that! Cops caught occasional people out of the crowd. I witnessed two big OMON soldiers were dragging a lying boy, right with his face over the pavement. Actually, my friend was arrested just because she had stood up for that boy. There is a corresponding protocol of the OVD Degunino. While escaping from the gas being sprayed, I was carried out by the running crowd to Bolotnaya (at about 6.30 p.m.). I stayed at Bolotnaya for about an hour: I had asthma and couldn‟t cope with my cough. I left Bolotnaya through Kamenny bridge again, and then moved further on to Yakimanka at about 7.45 p.m. EWA No. 286 I was standing at the turning point from the bridge to the embankment during the conflict. And I witnessed the following: while being behind demonstrators‟ backs at the beginning of Bolotnaya Square, young boys in black masks (as it seemed to me, it were they who had been squeezing through the crowd in a line on the bridge) began to throw stones into OMON soldiers, and then vanished within 211

the crowd. Ordinary demonstrators, without any masks, were not throwing anything into the police. In reply to that, groups of cops consisting of 5–7 people each would rush in the direction from where stones were thrown, and start swiping all people around with batons violently, no matter who they were: men, women, elderly people. They were doing it furiously, like sadists, as if there were not human beings in front of them, but some lifeless objects. People were not rebelling to that, but were stepping away with fear simply trying to protect themselves from hits with their backs and arms, practically falling down onto the pavement or running down to the embankment parapet where OMON soldiers wouldn‟t go for some reason. EWA No. 287 We stopped at the park corner not far from cordons. There elderly people were sitting mostly on the parapet and curbs, obviously they were not going to the meeting, but were just waiting for the column. A lot of young people sat down right on the pavement in circles. Everything looked calm and peaceful, no strain at all, people were enthusiastic about the fact that so many participants had come to the meeting, though much fewer had been expected. Since many people were walking not in the principal column, people kept arriving at the square, and by the time when the principal column was to arrive it became clear that there were not enough space for it. Everyone was sure that when it arrived, cops would open the park (furthermore, it was done exactly like that during the previous meeting in December: fencing had been simply dislocated farther). But when the column arrived, everyone stopped. My son ran there and returned, telling me that the rally organizers had sat down onto the ground and had been waiting for the authorities‟ representatives for negotiations, since it was obvious that it had no sense to move further. There would be not enough space for all people. My husband who was standing by the stage at that moment phoned me and said that it had been announced from the stage and all people had started to move in our direction. The pass was still kept closed. Tension was increasing. We had no information regarding the situation, everyone was just standing puzzled without any idea what to do further. If the meeting was canceled, why no one declared it? And where should we move to leave the site? It was stuffy. Many elderly people got unwell. We started to beg cops to let them go away through the park, since people still kept arriving from the stage and from Yakimanka. But taking into account cops‟ reaction (they didn‟t get in contact with demonstrators at all, unlike it had used to be at previous meetings), and we all understood that something was wrong. My son climbed his friend‟s shoulders and was commenting what he saw. When people broke through the cordons and part of them managed to escape beyond the OMON chain, there started a rumor that probably cops would open cordons then. But it happened on the contrary: chain was restored, and cops started to grab people beyond the cordon and push them back inside of it. We were in a jam.

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At that moment we noticed a fire flying in the OMON chains direction. Everything changed immediately. We realized that cops would react to it very furiously. We thought that they would go for those who had thrown the fire (it was obviously a real provocation in that situation). But we couldn‟t even imagine that cops would start beating violently all and everyone without any difference, without any possibility for people to retrieve... It was an assault of unarmed people caught in a trap. Why were they beating innocent people who hadn‟t thrown a bottle or a fire into them? At the place where we were standing no one did anything illegal, people were just shouting. But when we noticed an OMON “wedge” running into us we began to escape pulling old women with us since they might have got treaded down in the crowd. Having reached toilets we stopped and saw injured people going out of the crowd. One young guy had blood on his head, and didn‟t realize anything, but just kept saying something about his bag. The girl next to him was crying relentlessly and said she had seen the crowd toppled the guy over. He had fallen onto his back and hit his head, without moving. She kept repeating that he was dead. One more “edge” moved towards us and we ran away and hid ourselves behind the toilets. We saw from there OMON soldiers colliding into the crowd and beating people without a break. My husband called me from his place near the stage and said he had heard the cops saying they had been going to arrest all and everyone, violently, and that we needed to go away. EWA No. 290 OMON rushed into the crowd of demonstrators by groups, completely spontaneously. Cops pushed people down, whacked them with feet and batons, dragged over that pavement, and took away. They caught people without any logic or reason – either those who were carrying flags, or those shouting “Shame!”, or simply occasional persons. Cops were swiping people violently, with the back of the hand, including on heads or backs. One man fell unconscious after a blow at his head, people shouted that the cops had killed him. OMON soldiers quickly circled the body from all the sides and carried him away. I met one my friend who told me that a friend of ours had been beaten (we found out lately that he got his ribs broken). My husband was hit with a baton heavily when he tried to keep some man from being taken away by cops. Demonstrators were trying to stand up for those people who were taken away by the cops. At the same time people wouldn‟t give their flags away. People tried to fence themselves off from OMON soldiers with the help of metal barriers. I heard people were taking helmets off cops and throwing them into the river, but I didn‟t witness anything like that myself. I saw an OMON soldier without a helmet already. He found himself detached from other cops and looked around with anxiety, as if he was afraid that people would tear him apart into pieces. But demonstrators were simply laughing at him: what had changed? Why he was not as brave as earlier anymore? He ran away to join other cops, no one stopped him. Some people were throwing empty plastic bottles into cops. At some moment stones were thrown into the crowd and it was horrible, 213

since we didn‟t have any helmets on unlike cops. People started to shout and demand to stop it. Some tear-gas was sprayed later, I don‟t know by whom. Demonstrators started to cough and suffocate. Then I recalled in my memory those people in masks that I had seen earlier. There was a fight to the left of me (I was facing the OMON). Cops were beating people with batons, and people were trying to protect themselves by covering heads with bare hands. All people, of all ages, men and women, were unarmed. I was shocked to hear from one of cops: “Hey, look, there is a nigger ahead!” And about seven soldiers rushed towards an afro-american person knocking him and everyone on their way down. One more situation took place at the same time. I was a witness when an OMON soldier was whacking a pregnant woman. It all happened at about 8.20 p.m. on May 6. It all happened near Lavrushinski side-street, not on the square itself. Her boyfriend reprimanded cops for wringing a middle-aged woman standing peacefully next to them. About six cops attacked that guy violently with batons. His pregnant girlfriend started to intercede for him. She was thrown onto the ground by a cop who was three times as big as she was and began to whack her with his baton. She cried: “I‟m pregnant!” but it didn‟t help. We hardly managed to take her away of that beast. To ask cops to call for an ambulance had no sense at all. We called for it ourselves. Several women witnessing that situation were going to provide evidence. Which shocked us also was the OMON‟s blunt persistency in ignoring our request about the ambulance. Only third group we addressed to reacted to our request and freed a pass for an ambulance. An operator of the “03” service operations control center was trying to find out for some time whether the hurt pregnant woman was a participant of the Bolotnaya actions. Elena was taken to hospital by the ambulance which arrived at the site, with threatened miscarriage. I phoned to the radio “Echo of Moscow” about this fact. I was accompanying Elena to state clinical hospital No. 13. Her boyfriend was taken to the Butyrskoye OVD. Later he was transported to Botkinskaya hospital with a craniocerebral trauma. EWA No. 297 There was no passway to the square open; at least there was nothing of that type available for us, since the column faced OMON cordons along the whole Yakimanka length. We had nowhere to go further. People kept arriving from behind creating horrible jam, since they still didn‟t know what was going on. It became stuffy and jammy, and even scary starting from some moment. We heard the word “Khodynka” travelling within the crowd. A man standing next to me felt unwell. We started to ask cops to let him go but they kept standing with completely bold faces. Demonstrators managed to make a corridor themselves for his wife to take him away. My husband B. Kagarlytsky together with other demonstrators began to beg soldiers to widen cordons a bit, at least several steps back to give people the possibility to breathe normally. Somewhere to the right (where Udaltsov

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and Navalny were) there came an offer to sit down onto the ground to show cops that we had no aggression and we had come to carry out a peaceful meeting. Some demonstrators began to sit down, though others asked them to stop doing that. On the one hand, there was physically not enough space for doing that, and on the other hand, it was dangerous for the sitting people themselves in case of any jam from other standing demonstrators or the police. Standing people might fall down onto the sitting ones and hurt. At last, sitting people got up. It all lasted for about one hour. EWA No. 298 A group of young people wearing clownish caps drew attention to them immediately. They were obviously guests of Moscow. They behaved savagely, were provoking demonstrators and shouted provoking slogans. Eventually they paid for it: they began to fight in reply to other peoples attempts to calm them down, and they had to retrieve due to demonstrators‟ numerical superiority. EWA No. 300 When I was passing through, a group of young people arrived, first-year students according to their appearance, not known to me. They all were wearing black face masks (balaclavas), black t-shirts and black jeans. A cop who was checking me at the arch told other cops to let them pass without any check. It surprised me. I was moving at the end of a column with a bicycle. EWA No. 304 People were passing to the meeting site through 12 metal detection arches installed across Bolshaya Yakimanka street. Check was being executed more thoroughly than usually, therefore a jam occurred by arches. People were shouting: “Pass through!” and “It‟s a shame!” Two people were detached for an attempt to carry a tent to the square. The procession itself on Bolshaya Yakimanka began much later that it had been planned because of long checking procedure at arches. I was arrested together with others, in spite of the fact that I had been telling cops loudly that I was a public observer. Besides, I had a large corresponding badge of a public observer on. Cops arresting me refused to introduce themselves and explain the reasons for my arrest. I had my right hand hurt at the result of a tough painful hold. I was released due to the help of other public observers. EWA No. 307 As we arrived at Bolotnaya Square we had to wait rather long for the rest of the column to come there. We couldn‟t leave the square since cops wouldn‟t let us go away. When it was announced from the stage that people were not allowed to go to Bolotnaya, we headed towards Maly Kamenny bridge, but we were not

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allowed to go there either. We asked to let us go to the park at least, but cops started drawing cordons thus provoking people to mass disorders. EWA No. 309 Several OMON soldiers rushed after a young guy (of about 18 years old) on Kadashevskaya naberezhnaya. They caught him, laid him onto the pavement and began whacking with rubber batons. Several people tried to stop cops. The guy managed to escape, but later on he stopped, sat down and embraced his head with hands. A man came up to him (probably his father), and asked the boy to get up and leave, but the guy kept sitting and moaning. Blood started to run in torrents from his head. EWA No. 313 I left the embankment with the last group of people chased by the OMON. At some moment I realized that cops began to cut the crowd into groups and force them away from the square. I tried to leave the square but in vain: OMON chains were standing from both sides of the embankment. Suddenly chains started to approach each other pressing the people in-between. It became difficult to breathe, horrible jam occurred. Then cops started to take people out of that jammed crowd and drive them to prison trucks. But it didn‟t last for long. After they arrested about 20 people, one of chains got opened allowing for a pass to the bridge. I moved there, then reached the metro through Yakimanka, and went home. There was a moment when people were caught between Bolshoy Kamenny bridge and the next bridge by OMON cordons for about 15–20 minutes. People were allowed to leave the square after that through the Maly bridge to the other river bank only. EWA No. 320 Before the march started (even before metal detection arches, as far as I remember) I noticed a group of people holding veneer people figures in their hands with written words on them “Veneer militant No. 999996” and so on up to “Veneer militant No. 1000000”. As far as I understood those people had an aim to provoke some verbal or physical conflicts, and that they were claiming that other people had come to the meeting just for money. Someone offered to throw small coins at those provokers in response, which many people did. No fight occurred, though someone took those veneer figures away from them and trampled them underfoot. I noticed nothing strange or worthy of suspect in the course of the whole procession up to the “Udarnik” but for those people with veneer figures.

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EWA No. 322 I noticed no violence from demonstrators‟ side, but which I did at the same time from the OMON‟ side at Maly Kamenny bridge: when an OMON line was pressing demonstrators, an OMON officer slapped а man in his face without any reason who was just passing by between the OMON line and the parapet. One more cop from cordons hit a guy in his shank, who was simply walking in the procession, which all happened at the same place in the same situation too. An OMON soldier bent twofold while standing in a cordon in response to my request to take a photo of him. EWA No. 333 I witnessed arrests on Bolotnaya Square, as well as on Kadashevskaya naberezhnaya. The scenery played through multiple times was the same: several dozens of cops rushed into the crowd, striking (and even beating demonstrators!) with their batons (everyone who trapped into their “impact zone”). Cops knocked people off their feet, putting them onto the ground, whacked them violently while their victims were helplessly lying (by one, two, or even a group of about 7 cops), and dragged or carried their victims away. EWA No. 334 After a breakthrough which happened near the “Udarnik” cinema, it looked like something had switched on among the police lines. They were not simply guarding the perimeter, but suddenly started to use batons and beat all demonstrators around. And it looked like all people got embarrassed since no violent act with fights had been registered before that. As soon as the first shock was over (about 5 minutes, no longer) people started to throw empty plastic bottles into cops. Cops used their batons in response and began to arrest people more actively. Then there flew stones, full bottles with water and flag poles in cops‟ direction. There came reinforcement to the police (one more), probably it was OMON. And then the police started to use the method of crowd “attacks”: part of the cops kept guarding the perimeter, and a group of well-equipped cops (all wearing body armor and helmets) began to rush into demonstrators beating all people on their way. They were followed by other cops, without special police outfit, who were arresting people who hadn‟t managed to escape. But the first such “attack” failed, and demonstrators pushed the cops away using steel barriers. The police replied with a storm of blows with their batons, hit the barriers and people who were carrying them. Step by step, the cops forced people away and started a second attempt of “attack”. That is when I was detained by the OMON and cops took me to a paddy wagon. I can‟t say anything offensive of the cops from the OVD Basmanny who were putting me into the prison truck. Only they didn‟t introduce themselves and didn‟t explain reasons for my arrest. I witnessed with my own eyes one young guy who was beaten by cops No. 205 and 206 near a paddy 217

wagon. Further people were being arrested by OMON soldiers, too. There were three people inside of a vehicle, all with injuries. Then there was the OVD Basmanny and “the trial”. EWA No. 336 People who were standing on Bolotnaya Square were blocked off from all sides. From the stage side the Square was “cleared” from people by cops, and OMON didn‟t allow going away in the direction of the “Balchug”. There were crowd control metal barriers from Maly Kamenny bridge side. Thus people who had arrived at the meeting got in a trap. There was no violence towards cops, but violent retention of peaceful people without a possibility for them to leave. People got indignant and started to throw empty plastic bottles and then even a smoke pellets into OMON lines. OMON soldiers started beating people with batons in reply, while pressing the crowd back. Some people detained by cops were whacked violently. Demonstrators started to throw stones into cops. However, there were not many people throwing stones. I even reprimanded one of them for that. But it was easy to comprehend: cops were swiping other demonstrators, and people were just protecting themselves instead of keeping inactive. OMON lines retrieved for a while after each assault, thus providing a possibility for people to disperse a bit over the embankment, but then rushed to the crowd once again to detain new demonstrators, while beating everyone cruelly. There were even women and senior people among the apprehended. Other demonstrators made attempts to save other people from cops by holding the detained by their sleeves and other parts of clothes. A number of people were still pulled out of cops‟ hands. At that people were tearing helmets away from cops‟ heads. It all lasted for about three hours. EWA No. 337 At about 7 p.m. the police started to clutch people from both sides: there was an OMON line approaching from Gorbaty Bridge, and another OMON chain arrived from Maly Kamenny bridge side which was swiping people on their way concurrently with walking. All demonstrators were pressed into one crowd not more than about 10 meters wide. A horrible jam occured there and people started to cry: “Let us go out!” It lasted for about 10 minutes. When the crowd was pressed to a maximum, OMON lines stopped and were taking no measures within 5 minutes. Then they opened a narrow path about one person wide, and commenced to pass people through it in the direction of Maly Kamenny bridge at last. The bridge was free from demonstrators by that time. EWA No. 338 I missed the beginning of conflicts. I think I missed some first 5 or 10 minutes all in all. When I arrived at the site I saw cops pulling a young unconscious man

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over the pavement, OMON soldiers were beating the rally participants with batons, including girls trying to defend their boyfriends from violent cops‟ actions. EWA No. 344 When I was brought to a police bus, a young man was dragged by the police ahead of me. The cops hit his head against the bus. He was about 19, he came from Murmansk. I remembered his surname for a long time. But now I have forgotten, but I do remember his face very well. EWA No. 351 We encountered several people with injuries and torn clothes closer to the embankment exit in the direction of the “Udarnik” cinema. There grew a “wall” of demonstrators right before my eyes. It was facing a “spacemen” line. I walked aside towards embankment fencing. A short period of time later OMON soldiers began to collide into the crowd slicing it into isolated zones and catching people rather indiscriminately and without fair reasons at all, as it seemed to me. I took a picture when two OMON soldiers were beating a young boy who was standing in one of the lines: one cop stroke his baton over the boy‟s head while the other was going to hit the boy in the face with his boot from downside. My camera shoot right a second before two “blows met”: the boys head got right in-between of them. I have this shot available. Then I started to take as many shots as possible and didn‟t want to leave: it was too disgusting simply to go away. I saw toilets being toppled over, and people barricaded the embankment with their help later. EWA No. 352 Cops “cleared” Luzhkov bridge some time later, and we found ourselves on Bolotnaya naberezhnaya cordoned by OMON (a part of the embankment closer to the “Udarnik” cinema). I asked one of the cops standing in a cordon and preventing us from leaving from the side of Bolotnaya Square: “Why can‟t we go away from here?” There came a reply: “To prevent a bunch”. It was absolutely unclear what bunch was actually meant. This moment was recorded by means of a Dictaphone, and probably it was saved somewhere. EWA No. 353 I saw a man of about 50–60 years old whom the cops had let go themselves first, but arrested him later on in a rather rude manner without any explanations and without being introduced. They actually dragged him to a prison truck after that. EWA No. 364 There were stones flying from demonstrators‟ side toward OMON lines. Every two-three minutes groups of soldiers ran out from behind OMON lines, 219

headed to the crowd, and grabbed some people out of there. Without any sense or reasons. They picked just anyone who couldn‟t manage to escape the cops attack. The cops threw people down to the ground and/or swiped with batons very often. Demonstrators who were standing closed to the people being caught by the cops tried to pull the detained away out of the cops‟ hold. I saw plenty of people with crushed faces, and even more of them were in torn clothes. All events that took place on Bolotnaya Square were completely unexpected and looked horrific. The mess that started later led to still greater indignation. But OMON soldiers were speaking about those attacks and conflicts (while we were going in a prison truck with them) as if it were a really great delight to them, using such words as “drive”, for example. There was a man with brain commotion in the vehicle. We demanded cops to call for an ambulance. But they just rudely refused to do that. We spent about 2 hours in the prison truck, during which that man kept vomiting. The protocols in the OVD Dorogomilovo where we were delivered to, had all been printed beforehand. They had been drawn up by other police officers, not those cops who detained and brought us to the police department, and were completely false therefore. One policeman started to shout at me and even tried to threaten me. EWA No. 369 I saw a family with a 13-year-old child being arrested, which seemed to me completely impossible to comprehend. But it was clear that OMON soldiers were doing it deliberately, perhaps, those were some well-known family. At the same time, these people didn‟t do anything illegal towards the police representatives, but were just pronouncing some slogans aloud. EWA No. 376 I was a witness, and remembered a young, stout man of middle height, with dark-brown long curly hair dressed in a green t-shirt who was grabbed by the cops and was being pulled towards prison trucks, but his friends were holding him too, thus he managed to escape the arrest. He was all in blood, his clothes had been torn out by the cops. It was right in front of the bridge on its right slope. EWA No. 377 I saw violent acts executed by OMON but I didn‟t remember any faces. I saw myself how the cops took one guy out of the crowd, knocked him down and one OMON soldier hit the man‟s head with his boot. Then OMON soldiers dragged him (the man was still in horizontal position) away, leaving a blood trace on the ground. I took a photo of that blood line. I also felt some tear-gas was used. But I didn‟t know who had sprayed it, I hadn‟t seen that.

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EWA No. 386 The protest march participants simply halted. No one understood what was going on for about 30 minutes. There was a way back yet, but people arrived at the meeting, and didn‟t want to leave. Only some women, kids, and elderly people decided to leave when a hustle started. No decisions could be made because of the absence of any information about the situation. There were some contradictory considerations: “they let no one in, they allowed only a limited number of people to go to the square, no one is allowed to enter the square any longer” (by the way, such suppositions had some reasonable grounds, and people kept spreading that rumor from one to another, and it didn‟t mean that this information was developed by provokers). Those were the most repeated phrases within the crowd. I decided for myself, that the authorities must let people go to the meeting by setting barriers apart or somehow like that (Bolotnaya held more than 50 thousand people in winter – and in summer it could hold even more). Thus cordons that were standing on demonstrators‟ way violated rights of citizens to attend a meeting, including mine. We were just fighting for our rights by forcing the cops away. Neither police, nor meeting organizers provided any explanations to people regarding the situation. If they at least said over loud speakers something like “calm down, we shall let you inside, just wait a little, there are barriers standing, we shall open them soon”. But they shouted only “Everyone stay put” or something like that. I saw stones flying from demonstrators in OMON‟s direction. In 50% of all cases the cops were acting with extreme cruelty while arresting people. Their principal tactics was that two cops were grapping a person, pulling him towards them, and two more cops were beating their neighbors with batons for them not to impede arrests. Meanwhile, the cops were driving blows straight-from-the- shoulder, and made no difference as for whom they were beating. EWA No. 387 A group of “spacemen” was walking together with the column (to the left of it, along Yakimanka). They were moving as if they were not protecting a column of peaceful demonstrators but were preparing a campaign for terrorists seizure. They ran beyond the cordon from Yakimanka along the left side of Maly Kamenny bridge while pushing people aside on their way. They were rather aggressive despite of the fact that there were plenty of old people or people with kids. First cordon line consisted of middle-height boys from internal troops without any protective outfit. And fully-equipped “spacemen” were standing behind of them. We had a feeling that those boys were put forward deliberately; just to provoke any bodily injuries for them, which could have been caused even at the result of a hustle. Cops didn‟t let people go beyond the cordon, to the left of the bridge. It was stuffy, a horrible jam occurred. I witnessed people attempts to ask cops in cordons and beyond them to let them leave, especially people with children and old people

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who felt unwell. But the cops ignored all requests completely. Officers didn‟t even turn back. EWA No. 388 I reached the stage. There were some spokesmen on it. Over some time I learnt (over a radio set if I‟m not mistaken) that the procession was impeded by the cops and that Udaltsov called people to sit down on the ground as a symbol of protest against cops‟ actions. Someone was calling people who had come to the square to help procession participants. I don‟t remember whether I tried to leave the Square. Then an OMON chain started to force people away in the direction opposite to Maly Kamenny bridge. My friend and I were afraid to get knocked down by the police and pressed ourselves closer to metal barriers near park parapet of Bolotnaya Square. Soldiers were standing beyond them. OMON line still began to press us and my friend fell onto the parapet and hurt herself badly. Then cops pushed us beyond the barriers. After the cops “cleared” the square from people we went out of barriers. We saw a prison truck standing on the square with the detained participants of the rally. One of them (a friend of mine) was complaining loudly that he had been beaten by cops severely. EWA No. 389 We heard shouts. I came up to the corner of Maly Kamenny bridge and the channel embankment, there was a better view of the embankment. I didn‟t go down to the jammed crowd since I had a flag and a stand (it is seen in my message where I was standing), and it was difficult to move with them. That‟s why I decided to stay at a distance not to be involved into that hustle. At the same time, I was speaking to my colleague and discussing the situation. I saw demonstrators throwing white plastic flag poles and empty bottles into OMON soldiers. And OMON was throwing them back pressing the crowd at the same time. They grabbed separate people from the crowd and took or even carried them away holding by legs and arms to prison trucks. One more OMON chain blocked the way out from the embankment (standing in two or three lines at that) from Bolshoy Kamenny bridge up to Maly Kamenny bridge, and let no one go away. I was inside of that cordon too (separated from the bridge). Several people next to me decided it was time to leave and asked OMON soldiers to let us go outside, but cops started to press us back to the embankment. The cops were detaining all people around without any reasons during that time. I though the cops were arresting people who were shouting any slogans aloud, but suddenly I saw OMON soldiers rushed after a guy who was holding a stick with a plush snake and Winnie-the-Pooh on the top of that stick. I realized that cops were chasing and arresting those who had any symbolic objects in hands. Hardly had I understood that, I was suddenly grabbed from behind under by elbows by the cops, without any words or explanations. My colleagues were 222

standing near me completely puzzled. Of course, I kept asking why they took me, who they were and where we were going. I got no reply. The cops just kept swiping me with their feet and batons and pronouncing foul words at the same time. That was really strange, and new to me. I had been detained several times during previous meetings earlier, but I had been never beaten or insulted. It all had been usually done in silence and without any violence. But now they didn‟t hide their aggression and hatred: I had scratches on my elbows and legs afterwards. There was a guy with me in a prison truck (an anarchist I think). He was lying on the floor and moaning, and kept saying that OMON soldiers had broken his ribs. We asked cops to call for a doctor because he needed to go to a hospital, and we tried to immobilize his chest with some cloth. A doctor came up, looked into the prison truck from outside and said to the cops to take that guy to a police department. Then the cops brought some more boys and girls, pushing them rudely into the vehicle. They were dragging and throwing people in a very rude manner, driving blows, tearing clothes. There was a girl from St. Petersbug among other detainees, she held a flag, like me (by the way, our flags were taken away by the cops and broken, and we couldn‟t even find them later). EWA No. 391 A troop of cops arrived over some time (not OMON soldiers, they all were dressed in standard grey uniform) and lined up across Bolotnaya naberezhnaya, while cutting the way to Maly Kamenny bridge off. Thus we found ourselves cordoned completely by cops from all sides, like in a trap, without any ways out. There stood a police patrol behind us beyond the cordon. We asked one of them how we could get to the metro, he answered that he didn‟t know since he had been brought here from St. Petersburg for some reason. When shouts grew louder and the crowd moved a little back, my husband helped me and my friend to climb the granite parapet. It was seen from there how OMON soldiers were penetrating the crowd of demonstrators, beating all and everyone, to the right and to the left, with feet and batons. They were swiping peaceful people representing no threat to the cops. Several people were detained and taken away beyond the cordon, probably to paddy wagons. People cried: “It‟s a shame!” and were escaping enraged OMON soldiers. EWA No. 395 Suddenly I saw officers started to talk lively over their wireless radio sets, and I said that it was time to leave the site. There was a helicopter flying at some distance from the square. In several minutes demonstrators started to arrive from the bridge, and it was fascinating to watch: there was a huge flowing stream of people. The helicopter headed towards the corner in Yakimanka, and I understood everything. I addressed to the guys and said, it was time, we needed to go back. 223

Masha asked me why, and I replied that there was going to happen something, and I pointed at police officers who were moving hastily beyond the barriers, and talking over wireless radios. I also drew her attention to the helicopter flying not far from the bridge. Most people didn‟t grab the idea that it all was strange, but some concrete actions were being planned by the police, it was obvious. Masha believed me... The bridge was overcrowded and it wasn‟t seen any longer whether a stream of people was moving or not... Some unknown young man jumped at the stage at that moment and told rather clearly and distinctly how they had arrived in Moscow, and that the procession couldn‟t enter Bolotnaya Square, and that there were people sitting on the pavement... We started to squeeze back until a jam occurred, and almost managed to reach metal detection arches, but cops wouldn‟t allow us to leave. People standing on the square began to press them and the cops had to retrieve. I remember several arches fell down and soon we found ourselves at a very narrow place, not far from the turn to the bridge itself. EWA No. 396 I was detained on the square, near the “Udarnik” cinema at approximately 5.45 p.m. I stood at a distance from other people, neither shouted any slogans, nor had placards in my hands. Two cops ran up to me from behind, one of them said: “Let‟s catch this one!” They grabbed my arms, wringed them and dragged me to a prison truck. I asked them to introduce themselves, show their ID documents and explain the reason of my arrest, but they kept silent. There were no badges of rank on their outfit. I was driven to a prison truck (KAMAZ) and transferred to 2-nd OPP representatives who pushed me into the vehicle. There were about 20 arrested people already. The cops brought more detained persons there after me, then we were carried to OVD “Severnoye Izmailovo”. Igor Borisovich Chubais was with us in that prison truck. EWA No. 398 I went to the embankment. “Spacemen” were detaining all people around there, beat them and dragged to prison trucks. The cops grabbed an elderly woman, and young people stood up for her. They managed to save her from the cops, but the cops started to beat them. Other demonstrators standing there peacefully before it, started to protect those young men from “spacemen”. I retrieved to a metal fencing. I phoned my friends. They came to rescue me, but all entries and escapes were blocked off. There stood a young man by my side, he had some problems with his eyes. It was because of the tear-gas. I gave him my water to bathe his eyes. But it was not sufficient for him. I saw “spacemen” grabbing different people from the crowd: women, girls, elderly people, whacked them and drove away to prison trucks. And men-demonstrators were trying to rescue the detained and pull that away out from cops‟ hands. I met my acquaintances with kids, the woman was

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in hysterics. Her husband was helping other people to escape “spacemen”, and she couldn‟t leave with her kid. EWA No. 400 I didn‟t see any violence from demonstrators applied to cops. I personally was knocked down onto the pavement by a group of “spacemen” running from opened gates on Bolotanaya place. Four of them caught me with their hands and carried away beyond the fencing in reply to my indignation. I got scared and started to shout, and one of the cops began to swipe me furiously, and eventually he or some other cop hit me in my back right into kidneys. Actually I was taken to hospital right from the court building because of that: thanks to Nadir and Elizaveta Prikhodina, a barrister who was assisting us. I left Bolotnaya Square in a paddy wagon together with Nadir, Denis, Zhenya and Valera. We were detained and brought to the OVD Krasnoselskoye, where we were kept without food and water for two days, in a stinky jail for pre-charged detention. The conditions there were torturous, there was little space on a bench, people couldn‟t sleep properly thereon as two people had to sit. We should thank good people who passed mineral water and some food to us. By the way, we were delivered to the court after a day in custody. We were sitting there in a tight GAZelle, five people in a row, close to each other, or even on laps of each other sometimes, under the hot sun, and entered the court building only late at night. But when we saw how the documents were prepared by that judge Sibirev who was wet behind the ears – they all were made identical, almost carbon copies – we all refused from that “deal” and four of us were returned to the OVD, and the fifth detained accepted the “deal” and was charged with the “attack against a police representative” though he was just protecting his mother. All events that were happening on the meeting site represent a complete iniquity and self-will of the authorities. I had been receiving formal replies from different organizations for some period of time after that, saying that they didn‟t know who had been detaining me and what police department I had been delivered. And when I eventually wrote a written enquiry to a chief medical officer of the hospital in which I had been treated, he sent a reply that some people had come to him from the Investigation Committee and took away my clinical record from the archive. They executed it with a most stupid excuse by the way. But one cannot expect anything different from them: they can either put you in a jail, or kill, or fabricate something easily. EWA No. 401 The police weakened their chains at some moment and I was pushed by the crowd beyond the cordon, where I was detained immediately. I remember someone 225

shouting that there were provokers among us in the crowd who were pushing people towards the cops. I‟m writing this to admit that when we arrived at a police department, some detainees had gone somewhere. I.e. they were brought to a police department with us, but they were neither questioned, not protocolled, and were released immediately upon arrival there. I know at least one such man: he was sitting in front of me during our trip to the police department and was shooting us on video with his cellular. We didn‟t pay any attention to it at that moment, since we didn‟t realize the scale of the provocation planned by the existing regime. I was delivered in a paddy wagon to the OVD Taganskoye where I spent less than a day and a half. I was released only the next day late at night. EWA No. 408 But for beating, there was one more egregious example, to my mind: we brought an injured woman to OMON lines and asked them to call for an ambulance, or deliver to hospital (thought their vehicles were standing not far from that place at all), but cops refused first, but then did it only after some pressure from our side. Several people got detained. I tried to persuade OMON soldiers not to beat people without any reasons, because they were swiping apprehended people with batons while those were lying on the ground, knocked down by cops previously. I advanced an argument that all their attempts would be recorded on video cameras and the next day these cops would be real “Internet heroes”. I was surprised but it worked. One more important point: after conflicts had begun, it became impossible to leave the meeting site. There was a narrow pass at Maly Kamenny bridge, but no one knew about it and we had to take people there. EWA No. 412 I witnessed no acts of violence from demonstrators‟ side towards police representatives, but on the contrary, OMON soldiers used to attack people from time to time, beating them with batons, colliding into the crowd, assaulting separate persons by groups of three or four cops, pulled by hair (including women), and took people away. Besides they attacked and whacked even those people who were simply trying to leave Bolotnaya. EWA No. 416 By the time when OMON forced people away with the help of their batons from Luzhkov bridge up to Kadashevskaya naberezhnaya, I decided to leave the meeting. But several lines of OMON soldiers started to move towards us and blocked all exits from Bolotnaya naberezhnaya to all meeting participants. None

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could leave that cordoned “square zone” for about half an hour. Then OMON let people leave Bolotnaya naberezhnaya through a newly-opened pass and move in Bolotnaya Square direction and farther to Bolotnaya and Bolhaya Ordynka streets. EWA No. 430 Demonstrators were squeezed away from Luzhkov bridge to Kadashevskaya naberezhnaya towards Lavrushinsky side-street, as well as from Maly Kamenny bridge. OMON lines were penetrating into the crowd on Bolotnaya naberezhnaya and dividing it into sectors. I was in a group of people divided from organizers of a tent camp, whom the cops were making short work of at that moment, while we were pressed against the parapet of the embankment. We started to shout loudly in some time: “Let us go!” The pressure decreased, and we were driven to the opposite side of the park fencing. Cops started to release people gradually, but no one hasted to leave. People were leaving slowly, being forced by OMON soldiers at that. People who were being forced by cops to Lavrushinsky side-street kept resisting cops‟ actions as long as they could. EWA No. 431 I went through the second line of metal detection arches and was moving back to Maly Kamenny bridge. I faced no obstacles on my way back, an organizer‟s badge helped, but it was still not easy to squeeze through a dense crowd. I knew for sure from my volunteers that police cordoned any access for people to any side of Bolotnaya naberezhnaya without any consent from meeting organizers. Unfortunately I saw no other arrests but for those of Navalny, Nemtsov and Udaltsov. All three of them were detained by the police near the stage at the moment when they were going to make a speech in front of the people gathered for the meeting. Only Nemtsov had managed to say several words in a loud speaker before he was pulled down by policemen from an operator platform where he had managed to climb since the cops had already blocked the stage by that time. Udaltsov and Navalny were arrested very violently, they suffered from pain and humiliation. The police treated Nemtsov in almost the same way. Thus I witnessed plenty of violent acts executed by cops towards peaceful citizens. I myself was beaten and robbed by cops acting in a line. I was hit severely many times into my face and head while threatening with a baton, tore off backpack with my things, documents and money inside it, and took it away while moving back in the direction of police cordons. I saw people trying to stop the enraged cops, not to hit people with batons. A tent that had been put on Bolotnaya Square, where I stood, was deliberately destroyed by the groups of equipped to teeth cops poking about. I saw many times how the cops were taking flags from demonstrators away, breaking flag poles and tearing the cloth. I witnessed with my

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own eyes how many of my friends were swiped by the cops completely without any reason. EWA No. 447 The police dragged some demonstrators along the pavement with their bodies even naked; the police beat them with their boots and hands. People were struggling and didn‟t allow cops hit them without any reasons, protected their friends and relatives preventing them from being arrested by the cops. EWA No. 449 They started to detain people a bit earlier. It was conducted in the following manner. About 8-10 OMON soldiers ran away from behind the OMON cordon that was blocking the way to the park from Bolotnaya Square. Those running soldiers while holding each other with a hand by a shoulder of their colleague ahead, were catching any suspicious (in their opinion) person and were taking him back beyond the OMON cordon. Most of us didn‟t understand what was going on. When a person was trying to find out what was going on, the cops applied force and used batons. We all felt as if in a madhouse. Which shocked me most: the cops were arresting completely occasional people, and were doing it rather rudely at the same time. Of course, no one wished to be dragged to a paddy wagon face down along the pavement, and moreover – without any fair reason. Time of the consented meeting and procession wasn‟t over yet. And people did nothing illegal. The arrests were going on at Kadashevskaya naberezhnaya, too. The cops were detaining all people there indiscriminately, I was among the detained as well. EWA No. 450 (E. Krasnova) As soon as we saw some free space ahead of us, we hurried to cross to a site in the very center where a white minibus was standing, because serious panic had begun around. OMON were grabbing, beating and dragging people somewhere. The next OMON line rushed into us. Since we were standing still, as if even hid behind the minibus, no cops attacked us in the beginning, but then a cop ran up and ordered us to get back behind the cordons. I replied that there was a horrible jam and we wanted to leave the Square through a safe passway, but he wouldn‟t listen to me. A second cop ran up and insisted on our returning to the crowd. A third one was hitting us slightly already. There was no sense to speak to him, he was driving blows with his baton to all people around. He looked really mad, and we had a feeling that he was enraged so much that couldn‟t behave adequately. We were pushed back into the crowd. But there was an awful jam and we couldn‟t squeeze ourselves father than the first line. Then OMON soldiers received a command and drew up in two lines one after another. Soldiers from the first line turned back to us, hit people with their boots. They didn‟t care at all whom they were beating. One man felt unwell, someone was about to fall down, someone behind me started 228

to look for medicines, but in spite of all that the cops kept pressing and beating us further. My husband and I came to a concerted action (as we believed) and thought that it would be held in an ordinary way, as it had been on Bolotnaya and Sakharov avenue earlier. I was in a jacket, and cops grabbed me by it and began to pull away. My husband was holding me from the other side (he was a bit at a distance from me in the crowd) and was shouting: “I won‟t let you go alone!” The cop who was pulling me away looked at my husband and said something like “I don‟t care, please, join her”, and dragged me further. My husband went to a prison truck with me himself. There were about 10 people in the vehicle already. While the vehicle was being filled in with detainees we were watching second OMON line took out their batons and started to beat people while first line was pressing people. Many people were dragged, in blood, some were limping, some were holding their hurt arms, and some were walking with their eyes swollen. People were pulled away beyond the cordons one by one, brought down off their feet onto the pavement, and beaten by several cops at a time. I caught myself thinking that it was even better to sit inside of a paddy wagon than to be there among those poor demonstrators. EWA No. 460 We spent some time at a cafe in Lavrushinsky side-street. When we were leaving at about 6-7 p.m., we paid our attention that OMON chains were forcing demonstrators away from the meeting site while moving from the channel through Lavrushinsky side-street passing by the “Tretyakovka”. A police officer without any badge or rank was giving orders whom to detain. Then three or four OMON soldiers ran out of the line, grasped people and pulled them away to the prison buses that were moving behind their chain. EWA No. 462 The police were checking people rather long and thoroughly. EWA No. 464 I had been waited in a queue for about an hour to walk through metal detection arches. There were not many of them, but people still kept arriving. Cops were checking bags. Men and boys were checked more thoroughly. Cops took away even small bottles with water, and made people throw even opened bottles away into boxes standing near arches. EWA No. 465 Checks were conducted thoroughly. Striking with batons OMON soldiers were penetrating into the crowd, while beating everyone around, selecting any persons indiscriminately, grabbing them 229

and driving away to paddy wagons. There were some strange people, I hadn‟t seen them before, who were jumping out of the crowd, throwing some objects including plastic bottles or tubes, and immediately hiding back in the crowd. Which surprised me most, policemen didn‟t catch those people at all. Some detainees were released right near paddy wagons, I didn‟t know why. EWA No. 467 OMON soldiers were whacking people with batons. I wanted to stop that horror, but was knocked off my feet. I lost consciousness. I came to myself only when I was carried into a paddy wagon. Then I was delivered by it to the OVD Basmannoye and put into a cage. At about 12 a.m. there came representatives of the Public Monitoring Committee, and as soon as they had questioned me on all relevant issued they called for an ambulance. Doctors stated the diagnosis: “brain commotion, admission to hospital refused”. EWA No. 470 I saw two OMON soldiers swiping a young boy with their batons. He was trying to protect himself with his arms because there were no ways for him to escape; to turn his back towards them seemed even more dangerous. One of the cops standing close to that boy sat down on his hunkers and pulled that boy by the lower part of the boy‟s trousers, while being behind the back of another cop. The boy fell down flatwise with his nape onto the pavement and hit his head heavily. He practically fainted. His head started bleeding. A group of the cops grabbed him and carried away in the cordons direction. EWA No. 472 The cops dressed in helmets and police outfit were joining in a line of 5-7 soldiers, selected a victim for arrest, and rushed into the crowd. Then they grabbed the victim and pulled him/her to a paddy wagon. EWA No. 473 When I entered and was walking along Kamenny bridge I saw a group of very young people with masks on their faces. They were provoking some mess. EWA No. 475 There were aggressive and athletic-looking people present at the site. They were travelling freely through cordons to the both sides of it. Those people were crying out slogans of extremist character, while pushing cops and throwing plastic bottles into cordons. I saw neither of those provokers among the people detained by the OMON.

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EWA No. 480 (M.V. Kuznetsov) I wanted to leave the meeting and the march, but it was possible to do only through Bolotnaya naberezhnaya. As I was walking in that direction, there was no check-up at metal detection arches at that time. I reached the stage but the cops wouldn‟t let me leave the meeting site because of some order from their chiefs. I passed to the right of the stage at about 7.30-8.00 p.m. I tried to leave several times but all in vain – the cops didn‟t let anyone go out of cordons. I saw about 20-30 detainees. The cCops were just grasping their hands, legs, even beating some of them without providing any explanations. EWA No. 482 OMON grabbed a boy, knocked him off his feet and were going to pull him away. A girl caught hold of that boy at that moment. The cops couldn‟t drag them both along the pavement. One of OMON soldiers ran up to me at that moment and shouted: “On the ground, bastard!” He tried to catch hold of my neck but failed: he saw his colleagues were stepping back and did the same. EWA N0. 500 People were knocked off their feet, beaten with their soldier boots and batons. I was caught too. But I didn‟t walk myself – four OMON soldiers carried me themselves. Enraged, they tried to teach me to respect the law in their own manner: started swiping me with feet, fists and batons. I promised them to fix all blows later on. It calmed down them a bit. There were four people in the prison truck already – three young men and a girl. Our trip ended in the OVD Sokolniki. We were sitting in the stuffy and hot vehicle for two hours, without water, until first apprehended people were allowed to go out of it. They were badly injured people mostly. Two of them had their arms wrenched or broken, another guy had brain commotion. However, it should be admitted that the ambulance had to wait for about an hour until those people were allowed to leave the prison truck. I was allowed to go with doctors at about 11 p.m. only, after I had written and signed all necessary documents. The ambulance took me to hospital No. 54. EWA No. 506 I paid attention to people wearing facial masks who were moving along with the crowd. They kept close to each other and didn‟t get involved into any conversations with other demonstrators.

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EWA No. 508 I witnessed multiple OMON soldiers assaults, who collided into people crowds, pulled out separate people out of it – people who were just crying: “It‟s a shame!” The cops also used to arrest even peacefully standing people. EWA No. 514 I saw a group of young people, all in masks and black clothes, rather organized. EWA No. 518 I came to the rally with a Victory flag. I walked in front of the orchestra. Jam started, I was squeezed out beyond the cops‟ cordons. A police colonel ran up to me, tore my flag to pieces, hit me into face and belly. I was lying on the ground, but he wouldn‟t let me get up. Two OMON soldiers arrived, they took me to a prison truck. I was brought to the Khamovnichecky police department. They took my passport away, made me sign some documents, took photos, inked fingers on my hands. I asked for medical help, but my request remained without any reply. I was kept in custody until 3.00 p.m., May 8. It was in Tula, where I went to a traumatology center where the fact of chest injury was established.

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8.3.2 Pictures

Picture No. 1

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Константин Рыков «собчак узнаю, а кто второй?» – Konstantin Rykov “I recognize Sobchak, and who is the other one?” Подступы к Кремлю – Routes of approach to the Kremlin Константин Рыков «тебя на точку прорыва поставили?» – Konstantin Rykov “were you put on the breakout point?” Константин Рыков «Гей-тусовка подтянулась» – Konstantin Rykov “LGBT-community is catching up”

Picture No. 2

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Picture No. 3

Picture No. 4

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Picture No. 5

Picture No. 6

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Picture No. 7

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Picture No.8

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8.3.3 Links to walk-through video http://www.youtube.com/watch?v=x5e7M67P2Xw – fragment 09.30 – 10.18 a.m.

http://www.youtube.com/watch?v=x5e7M67P2Xw, fragment 10.35 – 10.45 a.m.

events eyewitness video No. 531 – part 3, 14'30”

events eyewitness video No. 531 – part 4, 12‟25” – 14‟30” regarding return to the column at 05:54 – 05:57 p.m.

events eyewitness video No. 531 – part 4, 16‟45”

events eyewitness video No. 531 – part 3, 20'30

events eyewitness video No. 531 – part 4, 19'20”

V. Aleksandrov‟s video – 1, 2, 3, 4, 5

Minaev-TV, part 4. http://www.youtube.com/watch?v=1SKUyIPgCuE 20‟00”- 20‟40”)

http://youtu.be/E7Om2tXDtVk “Moskva-24” TV-channel 0'30” – 1‟30”

http://www.youtube.com/watch?v=qXtWG98MQfs starting from 12:19 a.m.

http://www.youtube.com/watch?v=PPeYXp3jZ2Q

events eyewitness video No. 532 – 00110, time 6.06 p.m.

“Moskva-24” TV-channel video 2'39”-2‟44” http://youtu.be/E7Om2tXDtVk

“Moskva-24” TV-channel video 1'53”-2‟38” http://youtu.be/E7Om2tXDtVk

events eyewitness video No. 531 – part 4, 22'00” – 23‟30”

events eyewitness video No. 533 – 00693.MTS

events eyewitness video No. 531 – part 3, 14'30”

“Minaev-TV”, part 4, http://www.youtube.com/watch?v=1SKUyIPgCuE 11.50 p.m.

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events eyewitness video No. 535, time of shooting 6:11:06 p.m. “Politvestnik” video - http://www.youtube.com/watch?v=uPx0iFSR-FU, 14'25”-14‟45” events eyewitness video No. 533 – 00710.MTS, timing of shooting 6.15 p.m. events eyewitness video No. 533 – 00712.MTS, timing of shooting 6.16 – 6.18 p.m. http://www.youtube.com/watch?v=FzS0mytf_Dg 12.01 a.m. “Minaev-TV”, part 5 http://www.youtube.com/watch?v=nkJEAYsIPDE, 6‟30”

http://www.youtube.com/watch?v=tJx_0AFWYQQ starting from 32:00

http://www.youtube.com/watch?v=R9oJ4hIyeFU 26:18

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8.4 Annexes to Section 6 May 28, 2012. NTV (TV-channel), the program “Segodnya” (7 p.m.), a quotation of Grigory Shaklikov, the barrister of the detained Aleksandra Dukhanina: “There is not enough evidence that she inflicted bodily injuries by throwing stones, as investigators consider”.

November 9, NTV, “Segodnya” (7 p.m.) the right to speak is given to a barrister Sergey of the convict Maxim Luzyanin (there are printed letters on the screen: “I ask realty owners for pardon in advance, whose property is located in the center. Revolt is revolt. One should have a sufficient supply of first-aid means: drugstores will be closed. Don‟t be afraid of bringing of troops: the matter must be pushed through completely”).

A secret video of negotiations of a Georgian politician Givi Tarmagadze with “Levy Front” activists (Sergey Udaltsov, Konstantin Lebedev and Leonid Razvozzhaev) served as a basis of the film. These materials (they are treated as if the leaders of the Russian opposition prepare mass disturbances upon Georgian politicians‟ command and on their money) are being promoted actively through all three federal TV-channels: there have been released 72 video plots related to that film within the period from October 6 till October 21 (First channel – 28, NTV – 19, “Russia” – 32 video plots).

Vladimir Markin said the following in “News” at 1.00. p.m. on October 22, on the First channel: “Razvozzhaev described in details how he together with Sergey Udaltsov, Konstantin Lebedev and other persons had been preparing mass disturbances on the territory of the Russian Federation. Also, he stated in that document that the persons mentioned were involved in mass disorders that had taken place on Bolotnaya Square on May 6. And which is also very important, he mentioned that financing of the event had been provided by Givi Targamadze”.

On the same day a presenter of the program “Vesti” on the “Russia” TV- channel announced a reporting related to this topic by saying: “Razvozhaev came with a confession and described in details how he had been preparing mass riots on Bolotnaya Square, as well as who paid and for what”.

But actually the plot contained neither confirmations, nor accurate quotations from Razvozhaev‟s “confession”.

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October 28, 2012, “Russia-1”, “Vesti nedeli” (News of the week) (8 p.m.). Reporter Evgeniy Rozhkov made an attempt to clarify why Razvozhaev had been charged with organization of conflicts on Bolotnaya Square: “Investigators confirmed: it all happened not spontaneously. Particular people and money supported the protest. Among other confirmations is a video of “AP-2” where Udaltsov is carrying out negotiations with colleagues regarding financing of actions from Vladivostok to Kaliningrad with a Georgian politician Givi”.

But actually Bolotnaya has not been mentioned at all in the video telecasted on NTV. It remains unclear what investigators‟ confidence has been based on.

November 9, 2012, the First channel, “News” (3 p.m.) “The court refused to meet the application of his barristers” – it is all that was said.

May 13, First channel, “Vremya”, 9 p.m., reporter Vernitsky: “On May 4 there appeared an instruction for citizens of Moscow for actions on May 6 (an anonymous user‟s page from www.vk.com is displayed on the screen). Calls to conflicts are distributed through the Internet (There appears the following information on the screen: “I ask realty owners for pardon in advance, whose property is located in the center. Revolt is revolt. One should have a sufficient supply of first-aid means: drugstores will be closed. Don‟t be afraid of bringing of troops: the matter must be pushed through completely”).

December 13, First Channel, “News” (9 a.m.). There are four white carton figures on the screen. Voices over:

Razvozzhaev: I liked this breakthrough …

Targamadze: The situation on the whole turned out to be very, very… much better, nicely done.

Lebedev: It was very sharp, it…

Targamadze: Let‟s say the truth, it turned out to be more than you had expected too, didn‟t it?

Lebedev: Of course!

Razvozzhaev: Most people decided that there were no passway to the meeting site, and there were cordons near the “Udarnik”.

Targamadze: Who is it by the number? Oh..

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Lebedev: Everyone but for Serega.

Razvozzhaev: Yes.

Eymaletdinov: Everyone but for Serega.

Razvozzhaev: Here it is.

Targamadze: Was it improvised?

Lebedev: Of course!

Razvozzhaev: No, a day before it!

Lebedev: Ok, let it be a day before …

Razvozzhaev: They visited the site…

Targamadze: So tell me exactly: a day before or it was improvised.

Lebedev: A day before, but it was an improvisation – why is it so?.. (is eager to give explanations).

Razvozzhaev (distinctly): Two days before.

December 13, “Russia-1”, “Vesti” (11 a.m.): “As it has been confirmed by the Investigation Committee, there exist evidence that Russian opposition was not only financed, but also manipulated from abroad. There exists an audio recording in Internet where Georgian specialists in „color‟ revolutions were meeting with Russian opposition representatives, soon after May disturbances. Givi Targamadze praises Lebedev and Razvozzhaev for the bloodshed conducted on this recording” (It‟s curious to admit that all that is supported by old video shots from Protest Anatomy-2 where Udaltsov is present).

December 13, “Russia-1”, “Vesti” (5 p.m.):

Razvozzhaev: I liked this breakthrough …

Targamadze: The situation on the whole turned out to be very, very… much better, nicely done.

Targamadze: It was very sharp, it…

Targamadze: Let‟s say the truth, it turned out to be more than you had expected too, didn‟t it?

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In shot, the reporter Skabeeva is sitting with Vladimir Markin simply and in a rather intimate atmosphere at a table covered with a red cloth. There is a glass of water and a book in a red leather binding on the table:

- Was the scenario of the event developed from outside? – the reporter asks.

- Targamadze is ruling the opposition and Udaltsov‟s actions almost in an online regime. It is all recorded. Here we can see an active Givi Targamadze participation in Bolotnaya events and also in a number of other actions that took place later” – Markin answers.

December 13, “Russia-1”, “Vesti” (5 p.m.), reporter Olga Skabeeva: “After a failure on June 12, when the action ended peacefully, the Russian opposition started to search for betrayers and consult the client, particularly the ex-chairperson of the election commission of Georgia”.

A correspondence in Skype between Konstantin Lebedev and an unknown interlocutor is presented on the screen which is dated…MAY 28! Viewers can see the following skype-message:

Kostya: We have a serious failure. Ilya is telling now left-wing activists Udaltsov is connected with Georgians in Minsk. It‟s really bad. That‟s why I need to talk to Givi.

In an 8 p.m. “Vesti” program all that text would be cut and reduced up to one phrase: “After a failure on June 12, when the protest action ended peacefully, the Russian opposition started to search for betrayers and found them. A Gosduma delegate Ilya Ponomarev was suspected of data leak”.

Skype correspondence of May 28 would be reasonably removed.

This video will be shown on the NTV on May 13 for the first time. Then this very shot will be seen on a placard which participants of a picket organized by Frank Klintsevich will be holding in their hands in support of the OMON (First channel, May14).

Then videos will be shown once again on NTV on June 4.

Then they will be repeated three times on “Russia” channel: on December 13, 15 and 27.

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May 6, “Russia”, “Vesti” (8 p.m.) it was said: “It is known that there are about 12 injured policemen and OMON soldiers”.

May 8, First channel, “News” (6 p.m.) it was reported: “There are 7 of 20 injured law-enforcement officers with craniocerebral traumas and fractures at the UVD hospital already”. At the same time, none of the policemen shown in this video shot was even bandaged!”

May 11, Vladimir Markin, while participating in “Vesti” program on “Russia” channel (11 a.m.), confirms: “20 police officers were injured”.

This figure increased drastically by May 13. It was reported in “Vremya” program of the First channel (9 p.m.): there were 30 policemen injured during the events.

May 15, at the sitting of Gosduma reporting (“Russia” channel, “Vesti”, 5 p.m.) a similar figure was pronounced by the delegate Nikolay Kovalev: 29 police representatives were injured”. At that he added: “There are no injured people among demonstrators”.

The number of victims among police officers and representatives increased again by June 11.

“About 40 law-enforcement officers got bodily injuries”, was reported in “Vesti”, “Russia” TV-channel, 5 p.m., and once again on the next day at 2 p.m. The same figure is mentioned once again in this program: “Thus About 40 law- enforcement officers got bodily injuries then”.

As a result, only one hurt OMON soldier is shown on the screen.

May 28, NTV, “Segodnya” (7 p.m.): “There appeared shots in Internet today where a girl that looked like Dukhanina was throwing something at OMON soldiers”.

There is a girl with a band at her head and a backpack is throwing something indeed in the shot, but it’s completely unclear as for what she was throwing and at whom. There are many people and cameras around, but no OMON soldiers in the shot”.

May 28, “Russia”, “Vesti” (8 p.m.): “18-year-old Aleksandra Dukhanina has been detained in Moscow (there is a video with a girl in a band on her head taken from YouTube, where she picks something up and throws. Then she runs away

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somewhere. Shots from behind). One of OMON soldiers identified Dukhanina as that girl who had thrown a piece of asphalt at policemen”.

June 3, “Russia”, “Vesti nedeli” (News of the week), 8 p.m.: “Aleksandra Dukhanina. 18 years old. That‟s she (there is a girl moving pretty fast over the square is shown on the screen). Dressed in a black dress, with a scarf, and „big cobblestone‟ in her hand (it’s not seen on the video what she holds in her hands indeed) walks around an OMON soldier, raises her hand with a stone, and the stone is flying right at a policeman” (it’s seen on the video that she raised her hand only).

It‟s interesting that shots with Dukhanina are shown by “Russia” TV-channel in the reverted order in comparison with its own reporting in “Vesti” on May 28. It was ending earlier with the shots where Dukhanina was running up over the square. Now the new reporting starts with these shots! Probably the channel representatives decided that due to a reporting cutting Dukhanina‟s “fault” would look more convincing. Besides, “a piece of asphalt” in her hand (on May 28) transformed into a “big cobblestone” (on June 3).

June 8, “Russia”, “Vesti” (5 p.m.): “It is seen on these shots that Mikhail Kosenko dressed in a red shirt and black jacket takes part in the conflict and hinders guardians of order”.

His face is circled with a red pencil in a shot. It is seen indeed that the red circle is situated next to a policeman, in the midst of the mess. But it is not seen what the man is actually doing.

“And here are video shots where Stepan Zimin is being arrested”.

There is a video where OMON soldiers are pressing a bald-headed meeting participant to a paddy wagon. According to the TV-channel opinion, that bald man is Zimin.

“A bottle with flame liquid, a wireless radio set, a face mask with slicks and a number of passports were found later during searches conducted in Zimin‟s flat”.

June 8, NTV, “Segodnya” (4.00 p.m.): “It has become known that two more people involved in the turmoil have been arrested. Mikhail Kosenko and Stepan Zimin are suspected of force application towards policemen”.

There is the same conflict between demonstrators and OMON soldiers in the frame; some face (seen indistinctly) is circled with red ink. 246

Then the same frames are repeated with a bold man pressed by policemen to the body of the prison truck. The man is being checked up, and at that it looks like another OMON soldier is trying to put a cap on him! This time no explanations regarding identities of those people are provided. In all appearance, viewers should conclude themselves that those men are Kosenko and Zimin.

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8.5 Annexes to Section 7

Annex 1

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Criminal case 201-460706/12, t.5 l.d.177-180 THE CERTIFICATE on the results of peacekeeping and security measures in Moscow on May 6, 2012 Pursuing the notification that was coordinated with executive authorities in accordance with the applicable procedure on May 6, 2012, the group of citizens (I.V. Bakirov, S.K. Davidis, E.A. Lukjanova, N.L. Mitushkina, S.S. Udaltsov) held a demonstration from 16.15 till 17.04 on the following line of march: area in front of the embassy of France in Russia – traffic way of B.Yakimanka street – Yakimanski proezd – B.Polyanka street – M.Kamenny bridge – Bolotnaya Square, with nearly 8,000 participants (coordinated number – up to 5,000 people). The aim: “To protest against abuse and falsifications during the elections to the State Duma of the Russian Federation and the President of Russia, to express the demand of fair elections, respect for human rights, Russian legislation and international obligations”. The participants of the action had streamed nearly 300 flags, including 6 black-yellow- white imperial, 8 rainbow dyes (LGBT), 8 white-maroon with the inscription “Popular democratic union”, 50 orange flags with the inscription “ Solidarity”, 5 white with the inscription “Yabloko”, 2 white with the inscription “Yavlinsky”, 10 white with the inscription “RPR – The Republican Party of Russia”, 5 white-blue-red national flags of Russia, 10 red with the inscription “CPRF – Communist Party of the Russian Federation”, 4 red with the inscription “RKSM”, 2 red with the inscription “RCP-CPSU”, 2 red with “RSD – Revolutionary socialist action”, 30 red with “Levy front”, 10 red with USSR marks, 10 black-red, 6 black, 3 black with the inscription “Black Guard”, 7 red with the inscription “SDPR Moscow regional division”, 5 white with “MMM”, 4 red-green (Left socialist action, LSD), 5 blue and 2 white with the inscription “Libertarian party of Russia”, 3 white with “YUKOS”, 1 white-black-red-green with marks of the movement “F.A.K.E.L.P.O.R.T.O.S.”, 10 white with the inscription “Resistance”, 10 white with “Russian Civic Union”, 4 white with “Republican alternative”, 10 white and 5 blue with the inscription “RESPUBLIKA Joint activity”, 10 red with the emblem of St. Petersburg, also there were exhibited nearly 500 posters and banners as follows: “Putin – betrayer of national interests of Russia!”, “For Russia without Putin!”, “ I despise this regime – false and mean!”, “Against commercialization of education!”, “Forbidden to forbid!”, “Choose a brute – wait for evil!”, “Observers of St. Petersburg ”, “St. Petersburg is against Putin!”, “Go away VV! You have lived out your 08”, “Everybody under the banner!”, “No to the budget curtailment!”, “Astrakhan – Russia – Liberty”, “We vote for the forest!”, “Rostov-on-Don against Putin”, “Tired of changes – demand improvement!”, “Don‟t let the thief to the Cremlin!”, “Kostroma”, “Power in Russia is in hands of criminals!”, “We have a plan, N.P. Makhno. Self- administration.

Handwritten note: True copy. Deputy chief of the 3rd department of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs, colonel of the police /Signature/ illegible/.

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Self-organization. Solidarity. P.A. Kropotkin”, “VOVA you are fired!”, “Power to millions, not to millionaires!”, “Russia is occupied by organized crime group!”, “START THE PUSSY RIOT”, “PUTO KAPUTO”, “Away with autocracy of the President! Power to the Congress of Soviets”, “You smell!”, “Uncle Vova! Don‟t paw over the Constitution!”, “Freedom to PUSSY RIOT!”, “No to autocracy!”, “V.V. Putin! God sees all!”, “Down with the kinglet Putin!”, “Demand freedom for Khodorkovsky and Lebedev!”, “For fair and legitimized power!”, “The nation is against thieves!”, “Putin – thief!‟, “We are power here!”, “Changes demand solidarity!”, “Ulyanovsk. Putin – thief!”, “Demand free medicine and education!”, “Tsar – in museum! God – in heaven! Thief – in prison!”, “Veterans deserve respect! Filth of the Cremlin – no!”, “You can‟t forbid Russians!”, “Secretaries soviet of primary departments CPRF of Moscow”, “Factories to workers”, “Thieves – your place is in a ditch!”, “Arise, ones who are branded by the curse!” and others of like tenor. Approximately at 17.04 the organized line of the participants of the march came to the guiding line of the staff of internal affairs agencies and intended to go to the B.Kamenny bridge and Borovitskaya place. The police offered with the help of loud hailers to go to the Bolotnaya Square to the place of the rally, but the leader of the “Left Front”, S.S. Udaltsov, co-chairman of “The Party of People's Freedom” – the leader of the movement “Solidarity” B.E. Nemtsov and the leader of anti-corruption project “RosPil” A.A. Navalny with the help of loud hailers encouraged people no to move. After this together with 30 citizens they sat on the asphalt. Nearby there sat another group of citizen of nearly 20 people in the lead of which there was former press secretary of the movement “DPNI” V.L. Kralin (“Tor”), the leader of NPF “Memory” G. Borovikov and the leader of NO “The Russians” A.A. Belov (Potkin). With the help of loud hailers the police addressed several times to the people on M.Kamenny bridge and Bolotnaya naberezhnaya, telling them about the illegality of any actions referred to the uncoordinated action. Also they offered to go to the place of the rally or to bus stops. Besides, the State Duma Deputy of the Federal Assembly of Russia D.G. Gudkov, the Human Rights Commissioner of Russia V.P.Lukin and the member of The Public Chamber of Russia N.K. Svanidze addressed many times to the audience, but people did not respond to their speech and continued to chant: “We are power here!”, “We won‟t go!”, “Putin – thief!”, “Russia without Putin!”, “This is our city!” and other cadences of the like tenor.

True copy /Signature/ /Signature/

Stamp: /illegible/ Round Seal: /illegible/

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Between 17.58 and 19.00 the people who were on M.Kamenny bridge and Bolotnaya naberezhnaya, tried to penetrate through the police chain, at the same time they were throwing empty bottles, fireworks, pieces of road asphalt coating, portable metal barriers to the police. From 17.00 to 18.00 on the tribune, set in Bolotnaya street and intended for the rally, there was playing music. At 17.20 on the tribune there appeared an unknown citizen, who called himself a deputy of regional Duma of Vologda. He called the people to go to M.Kamenny bridge and encouraged the people, sitting on the asphalt of the traffic way of M.Kamenny bridge. At 18.00 on the tribune there appeared one of the organizers of the action – the chairman of organizational commission PS MGO ODD “Solidarity” N.L. Mitushkina, who announced that the rally is over. At 18.20 on the tribune there appeared one of the organizers of the action – the leader of the movement “Left Front” S.S. Udaltsov, who called the people to take part in a termless protest action. At 19.00 a group of nearly 20 people, including one of the organizers of the action – the chairman of organizational commission PS MGO ODD “Solidarity” N.L. Mitushkina, tried to fix 3 one-place tourist tents on Bolotnaya naberezhnaya. At 19.20 on the area near the exit from metro station Ploschad Revolutsii, there came a group of nearly 40 people, including the leader of NPF “Memory” G. Borovikov and the leader of NO ”The Russians” D.N. Demushkin, who tried to conduct an action uncoordinated with the executive authorities. From 18.00 to 21.00, reasonable efforts were used to force out the people on M.Kamenny bridge, Bolotnaya naberezhnaya and Bolotnaya street, and to take in the most active and disobedient people to the police departments. During these efforts 28 policemen and military men of Interior Ministry troops were hurt and got injuries of varying severity. 4 of them were taken to hospital. All in all, in order to prevent violation of the public order and security and to prevent actions uncoordinated with executive authorities, the police arrested and took to the police station 656 people (the list is attached).

True copy /Signature/ /Signature/

Stamp: /illegible/ Round Seal: /illegible/

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In order to insure public order and security, not to admit uncoordinated actions and other anti-social manifestations and public order offense, Moscow Department of the Russian Ministry of Interior designed a special plan, according to which crisis center was ruled by the deputy chief of police of Moscow Department of the Russian Ministry of Interior – the chief of the Directorate for the Protection of Public Order major-general V.A. Kozlov. In accordance with the plan, the march route and place of the rally that had been approved by the authorities, as well as possible uncoordinated actions, we fully implemented a complex of anti-terrorism measures according to the preliminarily developed algorithm. Taking into account all the available information about possible unapproved actions, and in order to prevent them, a special plan was providing for some additional squads in places of anticipated gathering of the participants. In case of complications in operational situation there were created mobile police reserves: 1 OPP GU MVD, 2 OPP GU MVD, Executive Office of GU MVD, OMON TsSN GUMVD of Russia in Moscow, OMON TsSN GU MVD of Russia on MO, OMON “Zubr” TsSN SR MVD, OMON from Russian regions, TsSN GUVO MVD, UVD on AO and military men of the Internal Troops. To maintain public order, a patrolling helicopter AOSN GU MVD of Russia in Moscow was used. The whole number of squads involved in maintaining the public order and security in Moscow was 12,759 people, of which 7,609 were the police officers, 100 inspectors of State Inspectorate For Traffic Security, 4,650 military men of the Internal Troops, and 400 members of MGSh ND. As a result of the measures of internal affairs agency of Moscow, the aims on the maintenance of public order and security were totally achieved. No emergency events or incidents had been admitted.

Deputy Head of the Directorate for the Protection of Public Order of Moscow Department of the Russian Ministry of Internal Affairs /Signature/ D.J. Deinichenko

May 6, 2012

True copy /Signature/ /Signature/

Stamp: /illegible/ Round Seal: /illegible/

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