‘Are you denying that Russia is shelling Kyiv?’ A recent court case forced Russian officials to answer uncomfortable questions about the war in Ukraine
In October 2022, Mikhail Benyash, a lawyer from Krasnodar who used to represent activists and protesters in court, was declared a “foreign agent” by the Russian authorities. On February 17, 2023, Benyash was reported to have been disbarred. But a week earlier, on February 10, a Russian court heard his appeal against the “foreign agent” designation. Unsurprisingly, the appeal was denied, but the hearing did force the Russian Justice Ministry to respond to some uncomfortable questions about the aggressive nature of Russia’s war against Ukraine. Benyash sent Meduza the documents from the case. In English, we’re publishing some excerpts from the court transcript.
The main figures in this transcript are lawyer Mikhail Benyash and Russian Justice Ministry representatives Irina Vikovskaya and Ivan Avdyshoyev.
Benyash: In the administrative defendants’ statement, [they] reported that I discredit and […] write texts that discredit the Russian Armed Forces. Was that the basis for my designation as a “foreign agent?”
Avdyshoyev: There are posts in [your] Telegram channel, which confirms the position of M.M. Benyash’s activity and is the basis for the “foreign agent” designation.”
Benyash: Can you cite a specific post?
Vikovskaya: A post in the Telegram channel […] : “I always said that the main risk of perpetual rule is that the ruler can lose his mind at the end of his life, however good he may have been at the start. Today, at 5:00 a.m., Russia openly attacked Ukraine. What good are thousands of hypocritical, false words, if they’re followed by an act that in modern history has only been committed by Hitler? Russia is bombing Kyiv at 5:00 a.m. My country attacked another country. My country is the aggressor country. The president of my country has launched an aggressive war, which is directly banned by Russia’s criminal code.”
Benyash: Am I correct in supposing that these statements and facts, in your view, constitute discreditation?
Vikovskaya: Yes.
Benyash: Are these statements discreditation of the Russian Armed Forces or only of the President of Russia?
Avdyshoyev: Discreditation of the entire Russian Armed Forces.
Benyash: Do I have the right to speak negatively about the special military operation?
Vikovskaya: Every person has the right to speak for themselves. But you received money from foreign sources and are participating in political activity through the distribution of information through social networks and through foreign online publications that are included on the registry of “foreign agents.”
Benyash: Read where I equated Russia with the Third Reich.
Vikovskaya: “What good are thousands of hypocritical, false words, if they’re followed by an act that in modern history has only been committed by Hitler?”
Benyash: What act?
Vikovskaya: “My country is the aggressor country. My country attacked another country. Russia is bombing Kyiv at 5:00 a.m.”
Benyash: Do I understand correctly that you’re denying that Kyiv was shelled?
Vikovskaya: This is Russia protecting itself from those who took Ukraine hostage and are trying to use it against our country and its people. That’s a quote from the Russian president’s speech on February 24, 2022. I believe that Russia is protecting its country.
Benyash: That’s not what I was asking about. Are you denying the fact that Russia is shelling Kyiv?
Vikovskaya: I’m denying that Russia is shelling Kyiv. I’m saying that Russia is protecting its country.
Benyash: Do I understand you correctly that the statements about Russia shelling Kyiv are regarded by you as discreditation of the Russian Armed Forces?
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Vikovskaya: Russia is shelling neither Kyiv nor Ukraine. Russia is defending its country and its territory.
Benyash: I wasn’t asking about defense. I wasn’t writing about whether it’s defense or not. I always give comprehensive responses. I wrote, and I quote: “Russia is bombing Kyiv at 5:00 a.m.” I wrote this, and I’m prepared to answer for it. It’s a statement of fact: “Russia is shelling Kyiv.” Do you deny this or not?
Vikovskaya: Russia is carrying out a special military operation. I maintain that Russia is carrying out a special military operation. It’s protecting the territory of the Russian Federation.
Vikovskaya (in response to a question from the judge): In this quote, Russia isn’t bombing. It’s not just dropping bombs for no reason. Nobody has declared war.
Vikovskaya (in response to a question from the judge): In carrying out combat operations on military territory, both the shelling of one territory and the shelling of another territory occur.
Benyash: Are you denying that Russia is shelling Kyiv?
Vikovskaya: Russia is responding to shelling [from] Ukraine with strikes against the enemy.
Benyash: You said the shelling is aimed at the shelling of Kyiv.
The question is disallowed by the court.
Benyash: Do I understand correctly that this phrase is seen by you as equating [Russia’s actions] with fascist Germany?
Vikovskaya: No. Let’s not pull a single phrase out of context. You say, “What good are thousands of hypocritical, false words, if they’re followed by an act that in modern history has only been committed by Hitler? Russia is bombing Kyiv at 5:00 a.m.” We can remember 1941. What I’m appalled by is the phrase that Russia is the aggressor country. My country is not an aggressor country, my country is defending its territory.
Benyash: Which territories was Russia defending on February 24, 2022?
The question is disallowed by the court.
[...]
Benyash: I wrote about how “fascism starts not when the state strives to do evil, but when citizens do nothing in the face of evil.” Was this also [part of] the basis for designating me a “foreign agent?”
Vikovskaya: Yes.
[...]
Vikovskaya: Do you consider my country to be an aggressor country?
Benyash: Your country and my country are different.
Benyash (in response to a question from the judge): When I wrote “My country is an aggressor country,” let me explain. On February 24, 2022, Russia proactively sent troops into the territory of the sovereign state of Ukraine, using aviation and heavy artillery, and, from the perspective of the Geneva Conventions and contemporary international law, [as well as] the vast majority of the world’s lawyers, these actions are categorized as an aggressive war. This isn’t just my opinion. This is the opinion of a majority of humanity.
Benyash (in response to a question from the judge): My opinion, my subjective opinion, is based on Article 29 of the Russian Constitution, which says that I have the right to distribute my opinion freely […]. It’s not an opinion but a fact that on February 24, 2022, Russia sent its troops — with the use of force, heavy weaponry, and aviation — to the territory of a sovereign state. The overwhelming majority of people on this planet believe that this is an aggressive war, and I, by virtue of Article 29 of the Russian Constitution, have the right to believe that very same thing, and it is my opinion. If you believe that I should be designated a “foreign agent” and sent to prison for expressing my opinion publicly, then in my opinion, your denial that Russia has become a fascist [state] is a little unfounded.