Winter Gregory Marcus Severin

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Case Description

On 24 August 2022, Senior Lieutenant of Justice A.A. Nesterov, an investigator for special cases from the Investigative Committee of the Vologda Region, initiated a criminal case against Winter under Part 2, Clause “d” of Article 207.3 of the Russian Criminal Code (“Public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, or about actions by Russian state bodies, motivated by political, ideological, racial, national, or religious hatred or hostility, or hostility towards a social group”). Winter was detained the same day, and a court in Cherepovets determined pre-trial detention. Before being transferred to house arrest, Winter was held in Cherepovets’s Detention Centre No. 3 and then Vologda’s Detention Centre No. 2.

According to the charges, Winter “aimed at creating a negative perception of the actions of the Armed Forces of the Russian Federation in Ukraine during a special military operation, expressing consistent resentment towards Russian state authorities, including the head of state, and acting out of political and ideological hostility, publicly disseminated knowingly false information [on the VKontakte community page] under the guise of reliable reports. The information included claims that Russian Armed Forces soldiers in Bucha and Irpin in Ukraine raped women and children, killed civilians, and attempted to burn their bodies.”

The accusation references the following: “The information disseminated by Winter G.M.S. is false according to the official position of the Russian Ministry of Defence.” The case file details an extended rationale, referencing Russia’s agreements with the Donetsk and Luhansk People’s Republics, Federal Law No. 93-FZ on providing Russian military and civilian personnel for peacekeeping and security, and the Federation Council’s decree on the use of armed forces abroad on 2 February 2022.

At the time of this report, the post in question, dated 4 April 2022 in the community “💙LGBT Rainbow. Love Wins! ❤ 👬 👭 👫” (dedicated to LGBT issues), remained publicly accessible. The text attributed to Winter was a comment on another user’s post. Winter’s full comment reads:

“It breaks my heart to see the photos and videos from Bucha and Irpin. Russian occupiers raped children, killed raped women, and left them lying in the streets, attempting to burn the bodies. Everything we knew from Afghanistan, Chechnya, Syria—it has all happened again in Ukraine: a monstrous genocide inflicted upon peaceful Ukrainians. This marks the end of Russian ‘civilisation’—no one will be persuaded by Tolstoy or Dostoevsky now. Everyone will know that it’s a facade for Aleppo, Grozny, and Bucha. Lord, take the souls of those tortured in Bucha and other Ukrainian places and let them be angels. Bitter tears.”

Winter has previously faced administrative, criminal, and extrajudicial harassment due to his human rights work and activism. In 2018, he sustained severe injuries after an assault, allegedly linked to his role in defending Pulovsky Forest. In 2019, he was convicted of insulting Cherepovets’ former mayor, Elena Avdeeva, and the current mayor, Margarita Guseva, in a VK post condemning deforestation. He was sentenced under Article 319 of the Russian Criminal Code (“Insulting a public official”) to 280 hours of community service after his initial sentence was overturned due to multiple procedural violations.

Another case was filed against him for allegedly “spreading knowingly false information” concerning the COVID-19 pandemic. During the outbreak, Winter posted in the group “Vologda Sign,” reporting the transfer of prisoners to Cherepovets’s detention centre in violation of health regulations (some prisoners reportedly showed clear signs of COVID-19). On 31 March 2021, he was convicted under Article 207.1 of the Criminal Code (“Public dissemination of knowingly false information about circumstances posing a threat to human life and safety”) and Article 319 (“Insulting a public official” for alleged profane language towards an investigator during a search), receiving six months of correctional labour with a 5% monthly wage deduction.

In court proceedings for the COVID-19 case, Winter faced additional charges of contempt of court (Article 297, Parts 1 and 2) for accusing the court of bias and verbally disputing with the prosecutor. On 13 April 2022, he was sentenced to 380 hours of community service, later reduced to 320 hours upon appeal due to procedural violations.

During the COVID-19 case, Winter was placed in a detention centre for failing to appear in court, despite the same court having previously granted his request to be absent. Winter reported torture and mistreatment in Cherepovets Detention Centre No. 3, though officials later dismissed these allegations. The Vologda Regional Court declared his detention illegal and released him.

Following his detention in this current case, Winter filed a complaint about the detention centre conditions (he reported a lack of heating, causing nighttime temperatures to drop to 4-6°C, and inadequate food provision). On 13 September 2022, the Cherepovets court rejected his complaint.

Winter suffers from insulin-dependent diabetes. On 30 September 2022, he reported hearing loss in his left ear, allegedly due to the low temperatures in his cell. His insulin supply was almost exhausted, and detention centre authorities were reportedly unable to assist due to a shortage of medications. Following efforts by human rights advocates, insulin was supplied to Winter’s cell, though he continued to report a lack of essential medications due to complications from COVID-19 and an ear infection.

Roman Morozov, who represented Winter in previous cases as a public defender, notes that Winter has a court-appointed lawyer who has scarcely worked on the case prior to trial.

Grounds for Recognition as a Political Prisoner

Legal Background

• A week after Russia’s large-scale invasion of Ukraine began, on 4 March 2022, the Russian State Duma urgently adopted laws amending the Administrative Offences Code and the Criminal Code. These amendments prohibit calls for sanctions, the spread of “fake news” about the Russian armed forces, and calls to “obstruct” their use. The Federation Council and the president approved these amendments on the same day, with the changes taking effect upon publication on 5 March 2022.

The offence defined in the new Article 207.3 of the Criminal Code includes “public dissemination of knowingly false information under the guise of reliable messages, containing data about the use of the Armed Forces of the Russian Federation for the protection of Russian interests and citizens, maintaining international peace and security, or about the actions of Russian state bodies outside the Russian Federation for these purposes.”

We believe this article contradicts both the Russian Constitution and Russia’s international obligations, as well as fundamental principles of law.

The article’s vague wording prevents citizens from knowing which statements are lawful and which are prohibited. Consequently, Article 207.3 of the Criminal Code effectively suppresses any opinions on the use of Russian armed forces abroad. Given these defects, we consider Article 207.3 unlawful, designed to enact political repression and demand i