A Brief Intro To The Navalny Case

The anti-corruption crusader and best hope of the Russian race Navalny will be on trial for embezzlement on April 17th. And it has to be admitted that even many of us who tend to look at the liberal opposition’s claims of repression with a healthy degree of skepticism are now “plagued by vague suspicions.”

It’s just too convenient. After all, there are now a total of four criminal cases against him, three of them potential (SPS, Yves Roche, Post of Russia) and one in process (Kirovles). Most of them appear to be pretty flimsy. It’s as if the Investigative Committee read through the entire book of his life and placed a laser-like focus on every spelling and grammatical error. Which the IC itself acknowledges:

Interviewer: But if the case didn’t have Navalny, then, probably, the case itself wouldn’t exist?

Vladimir Markin, IC spokesman: Perhaps, it would not have happened so quickly, because unfortunately the numbers and energy of our investigators are quite limited. In an ordinary case of embezzlement and misappropriation perhaps our hands wouldn’t have reached in so quickly. But if the person in question draws attention to himself with all his strength, or we can even say, teases authority – saying that oh I am so white and flawless, then the interest in his past increases and the process of exposing it to the sunlight, understandably, accelerates.

Yet with all that said, the fact of this vastly intensified scrutiny being politically motivated does not – as with Khodorkovsky – absolve the defendant of guilt should he actually have committed the crimes in question. And here is where an objective appraisal of the case parts ways with the narrative that has been presented by the liberal opposition and Western media, which asserts that the case against Navalny has been invented out of thin air on Putin’s orders.

After all, stealing 15 million rubles of timber should, at least in theory, be as bad if done by Navalny as if done by any random Nashist – and as deserving of punishment. IF he did actually steal them. But how to find out if he did?

You could do a lot worse than avoiding the media din, and instead systemically reading through the documents and arguments offered by both sides. Here are the more important sources I have identified:

The only problem? All this material is in Russian. But despair not! For your fearless Leader (aka myself) is going to do this for you in the coming days, and write informative posts and articles on the basis of his discoveries.

I will not write a lot right now, but there are four things I wish to clear up from the beginning, to set down the correct channels about how to think about the case.

(1) At the most basic level, the allegation is that Navalny, in concert with Ofitserov, set up a shell company to criminally enrich themselves. Originally, Kirovles, a state company headed by Opalev, had a set of agreements with its customers to supply them with timber. Under pressure from Navalny, who was an adviser to Governor Belykh, these agreements were torn up and rewritten at the same prices, but with their shell company as the new partner. Kirovles, in its turn, sold the same amount of timber to the shell company, but at lower prices. The difference, presumably, was pocketed by Navalny and Ofitserov. This scheme only lasted four months before there was a scandal and Opalev was evicted from Kirovles.

(2) It is not clear that this, even if true, would constitute outright theft. As Politrash’s second lawyer Strigov argues, the charges then would not be Article 160, part 4 of the Criminal Code (theft/хищение) – as per the Investigative Committee – but Article 165, part 2 (causing financial loss by way of deceit and misuse of trust/Причинение имущественного ущерба путем обмана или злоупотребления доверием).

(3) There are dozens of witnesses testifying that they were pressured into rewriting timber supply contracts from Kirovles to Navalny and Ofitserov’s shell company. For his part, Navalny alleges that he had nothing to do with the shell company and was only marginally acquainted with Ofitserov. The evidence within the IC’s indictment however overwhelmingly suggests that this was the not case on both counts. Navalny would have been wiser to focus his defense on proving that the shell company did not do anything illegal, as opposed to (falsely) disavowing any involvement with it, and I do not know if it’s now too late to change tactics.

PS. More links:

Navalny’s Promises To Put Putin In Jail

In a recent interview with the opposition Dozhd TV channel – which is, incidentally, available for public viewing in Russia as part of the NTV Plus satellite TV package – for the first time openly declared he wants to be President. He also speculated about the motivations behind the Kirovles fraud case being brought against him. (He expects to get a suspended jail sentence that will disbar him from electoral politics).

However, I think other parts of the interview were at least equally interesting and telling about what sort of politician Navalny would be. First, he unequivocally said that he would send Putin and his friends to jail. It is rather ironic that the self-appointed leader of the extra-parliamentary Russian opposition doesn’t bother, unlike Putin, to even pay lip service to the rule of law and judicial impartiality that he supposedly espouses. Second, his tendency to intemperately react to critics – even those who support him – is, once again, on full and inglorious display.

Below is a translation from the relevant part of the interview.

Host: Many people interpreted you as saying, I paraphrase, “I am Alexey Navalny and I will put you in prison, once I become President.”

Navalny: I don’t know about a President Navalny, but one day there will come to power those who will put him in prison. It’s a general feeling, I or we altogether, in another regime we would put him…

Host: [interrupting] [unclear] is it we or I?…

Navalny: Well, I, because I feel myself as part of this process, and I will do everything possible to make sure that he, and Putin, and Timchenko, and the entire list go to prison. To me these are all chains in this odious, kleptocratic regime, from the policeman who breaks your arm to Timchenko who steals oil, it’s all related…

Host: [interrupting] Do you want to become President?

Navalny: I do want to become President. I want to change life in this country, I want to change the system of administration, I want to make it so that the 140 million people of in this country – who are surrounded by oil and gas that flows out of the ground – would no longer have to live in destitution and hopeless squalor, but lived normally, like in any European country. We aren’t any worse than Estonians!

Host: Do you have a clear, well-planned program? Because as we know, and I think we raised the issue a year ago with you, you said that one shouldn’t lie and steal, and we got questions from many people like this on air: ”To not steal and lie is all well and good, but what can we concretely do about it?”

Navalny: These “many people” are all idiots. We don’t need to do anything other not lie and not steal.

Host: So everyone will cease to not lie… will cease lying and will cease stealing…

Navalny: [interrupting] It’s the principles that are important.

Host: … and the Sun will start shining?

Navalny: If the top echelons of government will no longer lie and steal, but will do what is expected of it, and will at the least start to realize those nice programs of Putin such as Strategy 2020… All the reforms we need have already been compiled, down to roadmap detail. But none of them are being fulfilled.

Host: [interrupting] [unclear] … So the plans suit you. At least as they are on paper.

Navalny: No. They don’t exist. The plan for Russia’s development, and reforms, has been reworked multiple times, and overall everybody pretty much understands and agrees… We have this strange situation where we have a consensus between Left and Right as relates to the reforms we have to carry out, but they aren’t getting carried out, because the essence of the current regime is corruption. Everybody more or less understands how to combat this corruption, and we bring very concrete and constructive proposals on how to combat corruption to Medvedev’s anti-corruption conferences…

Host: For example Rospil.

Navalny: Yes Rospil, and our Anti-Corruption Fund, and many other suggestions, and many people there agree with those suggestions, but nothing happens further.

Russia’s Budget Is Getting More Transparent

Not often that you see Russia in some color other than bloody red on a world map of corruption or institutional quality. But according to the Open Budget Index (2012 results), the Russian budget is actually pretty transparent as far as these things go.

Of the major countries, only the UK (88), France (83), and the US (79) are ahead. The other major developed countries in the survey like Germany (71), Spain (63), and Italy (60) are all behind Russia (74), as are its fellow – and supposedly far cleaner – BRICs fellows Brazil (73), India (68), and China (11). Of perhaps greater import, only the Czech Republic (75) edges above Russia in the CEE group, whereas all the others – Slovakia (67), Bulgaria (65), Poland (59), Georgia (55), Ukraine (54), Romania (47), etc. – lag behind it. Also noteworthy is that Russia’s typical neighbors on Transparency International’s CPI, such as Zimbabwe (20), Nigeria (16), and Equatorial Guinea (0), reveal almost nothing in their national budgets.

Now of course the Open Budget Index is not the same thing as corruption. You can have an open budget but still steal from it (and this does happen in Russia frequently), and you can also have a closed budget from which few people steal, at least directly (as was the case in the USSR… or to take a more modern example, while Russia’s OBI is now higher than Germany’s, it is inconceivable that state corruption is even in the same league in these two countries).

Nonetheless, there is surely a very significant degree of correlation between the two. Having an open budget means that it is can be subjected to scrutiny; were Russia’s budget closed like China’s or Saudi Arabia’s, Navalny’s work to expose corrupt state tenders would be simply impossible (as it is, the latest ploy corrupt bureaucrats have been forced to resort to is to sprinkle Latin characters into the Cyrillic texts of state tenders so as to confound search engines).

Second, a high OBI score demonstrates the state’s commitment to fighting corruption. If Putin and Co. really didn’t care and were truly the kleptocrats they are repeatedly labeled as by the Western media, they would instead do everything in their power to hide the budget so as to remove the possibility of scrutinizing it. But they don’t. To the contrary, Russia’s OBI has increased from year to year.

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The “Last Hurrah” Of The Liberal Bloggers And Hipsters

For all the hype the “March of Millions” was missing a couple of zeros.

(In the video above, the left pane shows the march along the Yakimanka on February 4th, where there were about 56,000-80,000 protesters; the right pane shows the “march of millions”, in reality about 20,000-30,000, along the same street on May 6th).

They tried to compensate with paving stones and Molotov cocktails. In doing so, they lost what dwindling stock of sympathy they still had.

On the plus side, Navalny gets a bunch of homoerotic photos of himself getting arrested to decorate his Facebook with.

Navalny’s Petty Racism

A few weeks back Navalny brought my attention to this lovely song extolling Putin’s achievements by Tolibjon Kurbankhanov, a Tajik singer from Dushanbe.

Navalny exhorts his minions to spread this clip far and wide. The writing between the lines is obvious. His reasons aren’t nice and altruistic, but utterly insidious, playing on xenophobia towards Central Asians. The idea being that hearing a Tajik singing in support of Putin will hurt his standing among “true” Russians. ”Liberal fascism” may be met with bemused grins in the US, being the rhetoric of unhinged demagogues like Jonah Goldberg, but in Russia the term accurately describes the emerging alliance between liberal podpindosniki and ethnic nationalists, as best embodied by Navalny.

That said, I’m spreading this clip nonetheless. Not because I support Navalny, nor even because I support Putin, but because I support the idea of Russia as a multi-national federation. And because it really is a very nice song.

Far More People Protested FOR Putin Than Against, But You Wouldn’t Know It From The Western Media

The above photo, part of a photo report by Ridus, shows the Anti-Orange protest at Poklonnaya Gora in Moscow on February 4th. Does that look like 35,000 people to you, let alone 20,000 or 15,000? Because those were the most commonly cited figures in the Western media, apart from those cases where they ignored them altogether (The Guardian) or even tried passing them off as a ANTI-Putin rallies (e.g. Le Parisien).

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Translation: Sergey Lukyanenko – I Will Vote For Putin

Courtesy of Evgeny‘s comment at Mark Adomanis’ blog, I found a very interesting piece by Sergey Lukyanenko – the bestselling Russian sci-fi writer best known for his Night Watch series, which was later converted into Russia’s first blockbuster film in 2004 – on the recent turmoil in Russian politics. It is a bit dated, from January 3, and originating as a blog post the language is highly colloquial and informal. But I think it worthy of translation for two main reasons.

First, there is the distinct (but wrong) impression that the mass of the literary “intelligentsia” is behind the anti-Putin protests, because of the visibility of high-profile writers like Boris Akunin, who recently wrote a rather rambling op-ed for the NYT. Lukyanenko demonstrates that this is not the case.

Second, I personally agree with almost all of it, save for a few parts like citing Switzerland or the UK as a good democracies. But on the whole I can vouch for practically every word. And as a science fiction writer in whose worlds the lines between good and evil are frequently blurred – if they exist at all – he brings a much needed “middle ground” position to the rigidly pro-Kremlin/anti-Kremlin binary that dominates this discourse.

I Will Vote For Putin

I didn’t want to, but in the end I had to make a comment. For every so often agitated young people would run into my LJ blog, asking me the following types of question: “Where were you during the Meetings [for Free Elections]? At home? That means you voted for the swindlers and thieves! Are you not ashamed of yourself? Your friends Kaganov, Eksler, Bykov were out there, making rhetorical history and laughing and waving placards… How could you look them in the eyes now? If everything in your life is fine, you’d be for Putin, right? You consider this regime to be ideal? What, you mean to say, that we don’t have anyone else qualified to be President?”

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A Quick Note On Russia’s Duma Elections 2011

On reading Western commentary on the upcoming Russian Duma elections, I realized that they can’t decide between two narratives: either the popularity of United Russia is sinking faster than Herman Cain’s following his sex abuse scandals, thus meaning that it will manipulate the votes to get its desired majority; or Russian elections are complete shams anyway (as we all know) and thus irrelevant, which does away with the inconvenient fact that for all the liberals’ harping about United Russia being the “party of crooks and thieves” consistently more than 50% of Russians still insist on voting for it.

The reality is quite a bit simpler than these convoluted attempts to discredit Russian democracy (thought some are quite simple and transparent in their propaganda: given the data from opinion polls, it is hard to believe Miriam Elder, who wrote in the Guardian that when she asked a classroom of 22 students whether they would vote against United Russia, “every single student raises their hand”). As I wrote back in July, opinion polls of voter preferences closely correlate to election results. And unfortunately for some it just so happens that the “decline” of United Russia’s popularity is really little more than the product of fevered imaginations: as you can see from the list of opinion polls on Wikipedia, United Russia’s share of the vote (excluding the undecided and those who won’t vote) has stayed largely steady and well ahead of all the other parties.

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How NOT To Be A Whistleblower In Russia: The Case Of Yevgeny Starshov

In 2009, the UK was rocked by lurid revelations about MP’s expenses: home renovations, expensive meals and holidays, and even apartments fraudulently claimed by Parliamentary deputies. Apologies, recriminations, resignations, and even prosecutions followed in the wake of the documented evidence published by The Daily Telegraph. In the past two weeks, an intern at the State Duma incited something similar in Russia, but only superficially so – thanks in large part to his own naivety and incompetence. This is his story.

Evgeny Starshov is a student at a Moscow business school. He is also a fan of Navalny, the “blue bucket” movement against migalki (the sirens on bureaucrats’ cars giving them right of way that many consider a blatant display of unearned privilege) and a blogging, Twittering member of the liberal opposition. An outspoken one, too. @YeenZo123 describes himself as an “extremist with a blue bucket,” while his LJ blog is modestly titled Journal of a Democratic Extremist (complete with rock guitar-strumming priest).

His outspokenness has now gotten him into hot water. As an intern at the State Duma, he was actively Tweeting about the laziness, sleaziness, and pofigism that characterizes life at that hallowed institution. He did this under his own name. A week into the job, he published a blog post on his experiences that spread like wildfire and was eventually reprinted at bastions of the liberal media such as Novaya Gazeta and Echo of Moscow. His internship came to an abrupt. So what exactly were his scandalous revelations?

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