Uralbai Abishev is a political prisoner
He has been sentenced to 9 years in a strict-regime penal colony on a charge of intending to join the Free Russia Legion
The ‘Political Prisoners. Memorial’ human rights project, in accordance with international standards, considers Uralbai Abishev a political prisoner. Abishev has been convicted on charges of preparing to commit treason and participating in the activities of a terrorist organisation, for allegedly planning to join the Free Russia Legion fighting on the side of Ukraine. Abishev’s prosecution and conviction violate his right to a fair trial. We demand that Abishev’s conviction be quashed and all criminal charges against him be dropped.
What were the charges against Uralbai Abishev?
In late May 2023, Uralbai Abishev left his home city of Almetyevsk, telling acquaintances he was going to work in Samara Oblast. However, instead, he ended up in Belgorod Oblast near the Russian border with Ukraine where he was jailed for 10 days for allegedly being drunk and causing a disturbance. He was then jailed for two further 15-day terms consecutively on similar charges. According to media reports, during his detention, Abishev ‘inadvertently made a remark that caught the attention of the authorities. The authorities then discovered that he was reportedly planning to defect to the Ukrainian forces.’ After yet another administrative-law jail term, Abishev was remanded in custody.
According to the prosecution, Abishev had been preparing to join the Free Russia Legion. To that end, he supposedly found ‘handlers’ online and received instructions, after which he arrived in Belgorod to attempt to cross the border. A criminal case was initiated against him on charges of preparing to participate in the activities of a terrorist organization (Article 30, Part 1, in conjunction with Article 205.5, Part 2 of the Russian Criminal Code) and preparing to commit treason by defecting to the enemy (Article 30, Part 1, in conjunction with Article 275).
On 14 February 2024, a military court sentenced Uralbai Abishev to 9 years in a strict-regime penal colony.
Why do we consider Abishev a political prisoner?
It is unknown if Uralbai Abishev genuinely planned to join the Free Russia Legion. Moreover, in our view, even if he had such an intention, this would not constitute a criminal offence.
We consider that the Free Russia Legion has been unlawfully and baselessly designated a terrorist organisation. The Free Russian Legion is a division of the Ukrainian armed forces, and its activities are not terrorism but legitimate support for a country defending itself from Russia’s armed aggression.
The criminal case against Abishev for preparing to defect to the enemy is also unjustified under both international and Russian law. According to international law, the only form of prohibited participation in combat by foreigners is mercenary activity. In our view, Abishev’s real or alleged intention to join the Free Russia Legion does not meet the definition of mercenary activity as set out in the relevant conventions.
Furthermore, it is illogical to accuse Abishev of both preparing to take part in the activities of a terrorist organisation and of defecting to the enemy. If his actions are considered defection to the enemy, then the Free Russia Legion is plainly recognised as part of the Ukrainian armed forces, not a terrorist organisation.
The circumstances of Abishev’s detention also raise questions. Most likely the time provided by the repeated administrative-law jail terms to which he was subjected were used by the authorities to fabricate the criminal case against him. Furthermore, the details of his alleged contacts with the Legion suggest a possible provocation by the Russian security services.
A more detailed description of Uralbai Abishev’s case and of our position is available on our website.
Recognition of an individual as a political prisoner does not imply the ‘Political Prisoners. Memorial’ human rights project agrees with, or approves, their views, statements, or actions.
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