VZCZCXRO1253
OO RUEHDBU RUEHLN RUEHPOD RUEHSK RUEHVK RUEHYG
DE RUEHMO #1688/01 1801118
ZNR UUUUU ZZH
O 291118Z JUN 09
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3994
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHXD/MOSCOW POLITICAL COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 MOSCOW 001688 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KIRF PHUM PINR SOCI KJUS RS
SUBJECT: SAMADUROV EXPECTS GUILTY VERDICT IN "FORBIDDEN 
ART" TRIAL 
 
REF: 08 MOSCOW 2582 
 
¶1.  (SBU) Summary:  The trial of former Sakharov Center 
Director Yuriy Samodurov and former curator of the New 
Tretyakov Gallery Andrey Yerofeyev has entered its third 
month of hearings at the Taganskiy district court in the 
criminal case brought against them for a 2006 modern art 
exhibit entitled "Forbidden Art."  The two are charged under 
Article 282 of the Russian Criminal Code for an "attempt to 
incite religious enmity."  The exhibit inflamed religious 
conservatives, and the prosecution plans to call 136 
witnesses, while the defense has only two.  Although thus far 
the trial has lacked any procedural violations, many people, 
including the defendants themselves, see a guilty verdict as 
a foregone conclusion.  Samodurov and his supporters see the 
case as a key test of freedom of expression in Russia.  End 
Summary. 
 
The Exhibition 
-------------- 
 
¶2.  (SBU) The current trial stems from a 2007 modern art 
exhibition entitled "Forbidden Art" that Samodurov and 
Yerofeyev organized at the Sakharov Center.  It was composed 
of modern works of art from various artists, many of which 
depicted images of nudity and, according to some religious 
conservatives, defacement of famous religious personalities 
and icons.  One of the most striking artistic pieces was a 
portrait of Jesus and his disciples at the Last Supper in 
which Jesus' face had been replaced with that of Mickey 
Mouse.  The exhibit ran from March 3 to April 1, 2007 in a 
small room of the Sakharov Center and was visited by 
approximately 700 people. 
 
¶3.  (SBU) The provocative nature of the exhibit attracted for 
Samodurov and Yerofeyev more than a few enemies from Moscow's 
conservative religious community.  Groups that spoke out 
against the exhibition included religious and right-wring 
political organizations such as "The People's Defense" the 
"Union of Orthodox Citizens," the "People's Council," and 
even the "Movement Against Illegal Immigration."  In a June 6 
article from their web site the "People's Defense" (Narodnaya 
Zashchita) described in detail the "blasphemous" nature of 
the exhibit and the necessity of swift punishment for the two 
exhibition organizers. 
 
The Trial 
--------- 
 
¶4.  (SBU) On May 15, 2008, prosecutors charged Samodurov and 
Yerofeyev with promoting religious hatred under Article 282 
of the Russian Criminal Code (reftel), which carries a five 
year maximum sentence for "inciting extremist enmity through 
an official position or as a group."  Authorities have argued 
that Samodurov and Yerofeyev organized and promoted an 
exhibition that incited religious enmity towards Christianity 
through official organizations of the New Tretyakov and the 
Sakharov Centers, and are thus subject to prosecution to the 
fullest extent of this law. 
 
¶5.  (SBU) After the initial hearing on June 5, we observed 
the trial on June 19 when the defense had the opportunity to 
cross-examine several of the 136 witnesses lined up by the 
prosecution.  Many of the witnesses called to testify against 
Samodurov and Yerofeyev had connections with the Russian 
Orthodox Church (ROC) and religious groups such as "The 
People's Defense."  The prosecution witnesses as a group 
seemed to be composed of many elderly and devout women and 
several Orthodox priests.  During the course of the 
cross-examination, the defense attorney showed that several 
of the witnesses had not even visited the exhibit.  In 
addition, many of those who attended the hearing on June 19 
were quite vocal in their personal condemnation of Samodurov 
and Yerofeyev  Some of the elderly women, Bibles in hand, 
hissed and crossed themselves when Samodurov cross-examined 
the first witnesses. The judge gave the defense ample time 
and opportunity to cross-examine prosecution witnesses and 
make their case. Both Samodurov and Yerofeyev arrived at the 
court house on their own and were neither handcuffed or 
restrained in the metal cages often used for defendants in 
criminal cases; they were instead allowed to sit with their 
legal council across from the prosecution. 
 
Samodurov Believes Conviction a Foregone Conclusion 
--------------------------------------------- ------ 
 
¶6.  (SBU) In a June 10 meeting, Samodurov told us he held out 
little hope of getting off without some form of punishment by 
the state.  He believed that his fate was sealed and that the 
 
MOSCOW 00001688  002 OF 002 
 
 
trial was political, with the decision already made in "high 
places near the President."  Unlike our previous meetings, 
Samodurov seemed despondent, and no longer held out much hope 
in contacting Medvedev to appeal his case.  When asked 
whether freedom of speech had increased in Russia under 
Medvedev, Samodurov said that it was obvious to him that 
"Putin and Medvedev are both the same.  Nothing really has 
changed."  Whereas last year Samodurov felt that the best 
course of action to avoid prison time would be a letter from 
Medvedev and appeals from this colleagues Lyudmilla 
Alekseyeva and Lev Ponomarev, he now believed that the only 
likely course for him will be a prison sentence, possibly as 
long as three years.  He did hold out some hope that he might 
get a probationary sentence. 
 
¶7. (SBU) According to observers, the Taganskiy regional court 
in Moscow is not likely to reach a verdict for at least 
several more months.  The vast amount of evidence and the 
number of witnesses being called to testify against Samodurov 
and Yerofeyev is a workload and will require time for such a 
small court to complete.  However, based on the "evidence" 
against the two organizers and the negative mood of the 
public towards the exhibition, it seems likely that the 
result will not be in their favor.  As Yerofeyev said in a 
recent interview, the trial is symbolic, a symbol of the "new 
war of Russian society and power on its culture." 
 
Comment 
------- 
 
¶8.  (SBU) The important issue here is not the trial itself. 
Samodurov is a controversial figure who has a history of use 
of provocative artistic displays to make political 
statements.  What is key is the arbitrary use of Article 282 
as a means to stifle free speech and dampen opposition to 
what civil rights advocate Lev Ponomarev calls the 
"increasing collusion between church and state" and the 
growing influence of Orthodoxy in Russian politics and 
society.  While Article 282 is clearly intended to dissuade 
citizens from engaging in or encouraging acts of hatred and 
violence against other ethnic groups in today's 
multi-religious and multi-ethnic Russia, this attempt to 
charge two controversial figures under the same law used to 
convict neo-Nazis of hate crimes is a stretch.  If the GOR is 
willing to charge criminally exhibit organizers and museum 
curators for an exhibition that some people may find 
offensive, then it might charge other dissenting voices with 
extremism.  We will continue to monitor this case closely. 
BEYRLE