Dmitry Talantov
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Dmitry Nikolayevich Talantov (born 29 December 1960) is a Russian
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
, specialist in
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
and
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
,
attorney-at-law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the Unit ...
, and President of the
Bar Association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence.
of the
Udmurt Republic Udmurtia, officially the Udmurt Republic, is a republic of Russia located in Eastern Europe. It is administratively part of the Volga Federal District. Its capital is the city of Izhevsk. It was established as the Udmurt (until 1931 — Vots ...
of the
Russian Federation Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
. He was the first Russian lawyer convicted under Article 207.3 of the Criminal Code of the Russian Federation (dissemination of knowingly fake information about the actions of the Armed Forces of the Russian Federation). The criminal case of Dmitry Talantov was widely covered in international
media Media may refer to: Communication * Means of communication, tools and channels used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Interactive media, media that is inter ...
. The Memorial Human Rights Centre recognised Dmitry Talantov as a
political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although ...
.
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
recognised him as a
prisoner of conscience A prisoner of conscience (POC) is anyone imprisoned because of their race, sexual orientation, religion, or political views. The term also refers to those who have been imprisoned or persecuted for the nonviolent expression of their conscienti ...
.


Biography

Dmitry Talantov was born on 29 December 1960. He graduated from a specialised mathematics school, then Udmurt State University with a law degree. In the 1980s, he started his career as a lawyer, worked as a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
for several years in the late 1980s, before returning to the bar again. Talantov was the President of the
Bar Association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence.
of the Udmurt Republic starting in 2002. He was a resident of
Izhevsk Izhevsk or Ijevsk (, ; , or ) is the capital city of Udmurtia, Russia. It is situated along the Izh River, west of the Ural Mountains in Eastern Europe. It is the 21st-largest city in Russia, and the most populous in Udmurtia, with over 600,000 ...
, Udmurt Republic. He is married to another lawyer named Olga. In August 2021, Talantov became the lawyer for journalist
Ivan Safronov Ivan Ivanovich Safronov () (16 January 1956 – 2 March 2007) was a Russian journalist and columnist who covered military affairs for the daily newspaper ''Kommersant''. He died after falling from the fifth floor of his Moscow apartment buildi ...
. Safronov's previous lawyer, human rights activist and lawyer
Ivan Pavlov Ivan Petrovich Pavlov (, ; 27 February 1936) was a Russian and Soviet experimental neurologist and physiologist known for his discovery of classical conditioning through his experiments with dogs. Pavlov also conducted significant research on ...
, had faced harassment and threats of disbarment because of his
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
activism. Safronov was charged with treason.


Charge under Art. 207.3 of the Criminal Code of the Russian Federation

Article 207.3 ‘Public dissemination of knowingly fake information about the use of the
Armed Forces of the Russian Federation The Armed Forces of the Russian Federation, commonly referred to as the Russian Armed Forces, are the military of Russia. They are organized into three service branches—the Ground Forces, Navy, and Aerospace Forces—two independent comba ...
, the execution by state bodies of the
Russian Federation Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
of their powers, the provision of assistance by volunteer formations, organisations or persons in the performance of tasks assigned to the Armed Forces of the Russian Federation or the National Guard troops of the Russian Federation’, under which Dmitry Talantov was charged, was introduced by
Federal Law Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
of 04.03.2022 N 32-FZ. Article 207.3 provides as follows 1. Public dissemination, under the guise of reliable reports, of knowingly fake information containing data on the use of the
Armed Forces of the Russian Federation The Armed Forces of the Russian Federation, commonly referred to as the Russian Armed Forces, are the military of Russia. They are organized into three service branches—the Ground Forces, Navy, and Aerospace Forces—two independent comba ...
to protect the interests of the Russian Federation and its citizens, to maintain international peace and security, or on the exercise by state bodies of the Russian Federation of their powers outside the territory of the Russian Federation for the said purposes, as well as containing data on the provision by volunteer formations, organisations or persons of assistance in the performance of tasks entrusted to them by the Russian Federation shall be punishable by a fine in the amount of seven hundred thousand to one and a half million
roubles The ruble or rouble (; rus, рубль, p=rublʲ) is a currency unit. Currently, currencies named ''ruble'' in circulation include the Russian ruble (RUB, ₽) in Russia and the Belarusian ruble (BYN, Rbl) in Belarus. These currencies are su ...
or in the amount of the wages or other income of the convicted person for a period of one year to eighteen months, or by corrective labour for a term of up to one year, or by compulsory labour for a term of up to five years, or by deprivation of liberty for the same term. 2. The same act committed: a) by a person using his official position; b) by a group of persons, by a group of persons by prior conspiracy or by an organised group; c) with the artificial creation of evidence for the prosecution; d) for selfish motives; e) on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity against a social group, shall be punishable by a fine in an amount of from three million to five million roubles, or in the amount of the wages or other income of the convicted person for a period of three to five years, or by compulsory labour for a term of up to five years. 3. The acts envisaged by parts one and two of this article, if they have entailed grave consequences, shall be punished by imprisonment for a term of up to five 3. shall be punished by imprisonment for a term of ten to fifteen years with deprivation of the right to hold certain posts or to engage in certain activities for a term of up to five years. Thus, Art. 207.3 of Russian Criminal Code punishes a non-violent offence, the punishment for which is comparable in time and severity to such offences as murder and robbery. Dmitry Talantov received 7 years in prison for several
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
posts. The prosecution requested 12 years' imprisonment for Dmitry Talantov.


Contectst of Adopting of the Art. 207.3 of the Criminal Code of the Russian Federation

Criminal liability In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencie ...
for fakes about the Russian army was introduced against the backdrop of Russia's armed invasion of Ukraine in 2022. This article is in force in the wording of the Federal Laws of 25.03.2022 N 63-FZ, 18.03.2023 N 58-FZ, 25.12.2023 N 641-FZ, i.e. it was amended twice during the first year after its adoption.


Features of the Accusation of Fakes About the Army

Talantov's Facebook post with a photo of a man standing on
Red Square Red Square ( rus, Красная площадь, Krasnaya ploshchad', p=ˈkrasnəjə ˈploɕːɪtʲ) is one of the oldest and largest town square, squares in Moscow, Russia. It is located in Moscow's historic centre, along the eastern walls of ...
with a placard ‘
Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
- peace. Russia - sanity, horror, shame, repentance.
Putin Vladimir Vladimirovich Putin (born 7 October 1952) is a Russian politician and former intelligence officer who has served as President of Russia since 2012, having previously served from 2000 to 2008. Putin also served as Prime Minister of Ru ...
- hell.’ Dmitry Talantov captioned it:
‘And how can it be different after the photos and videos from
Kharkiv Kharkiv, also known as Kharkov, is the second-largest List of cities in Ukraine, city in Ukraine.
,
Mariupol Mariupol is a city in Donetsk Oblast, Ukraine. It is situated on the northern coast (Pryazovia) of the Sea of Azov, at the mouth of the Kalmius, Kalmius River. Prior to the Russian invasion of Ukraine, it was the tenth-largest city in the coun ...
, Irpen, Bucha???? This is no longer
fascism Fascism ( ) is a far-right, authoritarian, and ultranationalist political ideology and movement. It is characterized by a dictatorial leader, centralized autocracy, militarism, forcible suppression of opposition, belief in a natural social hie ...
- these are extreme
Nazi Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...
practices! If after this the majority of my compatriots support the murderer Pu and his gang - I personally refuse to recognise them as
human beings Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are great apes characterized by their hairlessness, bipedalism, and high intellige ...
. People have the quality of compassion. And these people are just stupid and evil scum’. As it became known from the case of Dmitry Talantov, the application of Article 207.3 of the
Criminal Code of the Russian Federation The Russian Criminal Code () is the prime source of the Law of the Russian Federation concerning criminal offences. The 1996 Criminal Code of the Russian Federation (UGKRF) came into force on 1 January 1997. The new Criminal Code replaced the So ...
assumes an unrestricted nature of interpretation by the prosecuting authorities with regard to the causal link and elements of the offence, i.e. legal qualification is carried out outside the traditional categories of guilt and causal link in Russian criminal law. Dmitry Talantov's lawyers referred to the fact that the position of the
Ministry of Defence of the Russian Federation The Ministry of Defence of the Russian Federation (; MOD) is the governing body of the Russian Armed Forces. The President of Russia is the Commander-in-Chief of the forces and directs the activity of the ministry. The Minister of Defence exerci ...
on these issues (since Talantov was accused of disseminating fake information contrary to the official data of the Ministry of Defence of the Russian Federation) was not made public at the time of Dmitry Talantov's
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
posts and could not have been known to Talantov. In the court hearing, Dmitry Talantov stated in this regard:
How could I make knowingly fake, discrediting statements that do not correspond to the information of the Ministry of Defence, if the positions of the
Ministry of Defence A ministry of defence or defense (see American and British English spelling differences#-ce.2C -se, spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and Mi ...
have not been published yet? It's time-stamped. What is that supposed to mean? Talantov indicated in the criminal proceedings that none of his text materials, for which he is being held criminally liable, contained any information, including knowingly false information, about the use of the Russian Armed Forces on the territory of Ukraine.


Denunciations on Dmitri Talantov

Talantov's criminal prosecution began after blogger Roman Skomorokhov posted screenshots of Talantov's Facebook posts on the Military Review website on 12 April and promised to write appeals to the Prosecutor General ‘s Office and the FSB Department of Udmurtia. Earlier, Talantov was charged with administrative proceedings for ‘discrediting’ the Russian armed forces for a post in which he wrote that supporters of war have no place in the bar. The
administrative case Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
was initiated following a denunciation by lawyer Violetta Volkova


Constitutionality of Article 207.3 of the Criminal Code

According to Memorial, this article contradicts both the Russian Constitution and international obligations of the Russian Federation, as well as basic principles of law. A number of prominent Russian lawyers have called (in another criminal case under the same article against municipal deputy Gorinov) for Article 207.3 of the Russian Criminal Code to be repealed as unconstitutional, stating in their appeal: Article 207.3 of the Criminal Code is completely inconsistent with the rules of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
- in particular, its Articles 13 (recognising ideological and political diversity as the basis of Russia's constitutional order), 28 (freedom to choose, have and disseminate one's beliefs and act in accordance with them), 29 (freedom of thought and speech; prohibition of coercion to renounce one's beliefs; prohibition of censorship), 54 (prohibition of arbitrary criminal prosecution). ...Article 207.3 of the Criminal Code, as well as Article 280.3 of the Criminal Code of the Russian Federation, as well as Article 20.3.3 of the Code of Administrative Offenses of the Russian Federation, which prohibit ‘public actions aimed at discrediting the use of the Armed Forces’, are explicitly aimed at and used to suppress criticism and free competition of opinions about the use of the Armed Forces of the Russian Federation and the policies pursued by the state. In essence, they are a reincarnation of the worst spawns of the Soviet repressive apparatus: criminal articles for
anti-Soviet agitation and propaganda Anti-Soviet agitation and propaganda (ASA) () was a criminal offence in the Soviet Union. Initially, the term was interchangeably used with counter-revolutionary agitation. The latter term was in use immediately after the October Revolution of 1917 ...
, as well as the dissemination of deliberately false fabrications defaming the Soviet state and social order. A group of lawyers and municipal deputies from
Moscow Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
also applied to check the constitutionality of Article 207.3 of the Criminal Code of the Russian Federation. The
Constitutional Court of the Russian Federation The Constitutional Court of the Russian Federation () is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is o ...
in relation to complaints about administrative liability indicated that 'The introduction of administrative liability for defamation during a military operation cannot be doubted'.


Implications for the Legal Profession in Russia

On 29 June 2022, in justifying the arrest, Judge Sergei Khomyakov stressed that Talantov was a
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
and therefore knew the intricacies of the
law enforcement Law enforcement is the activity of some members of the government or other social institutions who act in an organized manner to enforce the law by investigating, deterring, rehabilitating, or punishing people who violate the rules and norms gove ...
system and could ‘continue criminal activity’ or go into hiding using his experience as a lawyer. Thus, a
precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
has been set in Russia, according to which the profession of a lawyer is one of the additional grounds for selecting a preventive measure such as
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
instead of a non-custodial measure, since the profession of a lawyer involves knowledge of the law enforcement system.


Campaign in Support of Dmitry Talantov

UN Special Rapporteur on Human Rights in the Russian Federation
Mariana Katzarova Mariana Katzarova (born 1966) is a Bulgarian journalist who founded the charity 'RAW on WAR', which created the Anna Politkovskaya Award. She became the first United Nations Special Rapporteur for the Russian Federation in 2023. Early life and ed ...
called for the acquittal of Dmitry Talantov. She noted that Talantov should be immediately released and any charges against him dropped, as such actions as non-violent expression of one's own opinion or dissent against the war are protected under
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...
. Criminalisation of such actions under the so-called ‘
military censorship Military censorship is a type of censorship that is the process of keeping military intelligence and tactics confidential and away from the enemy. This is used to counter espionage. Military censorship intensifies during wartime. United States ...
’ law, the sole purpose of which is to silence dissent in Russia, violates international human rights law and should be urgently repealed. Similar demands were made by the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
, the International Association of Russian Advocates, the Russian Helsinki Group, Amnesty International, and the Human Rights Commission of the AP SPB. The
International Bar Association The International Bar Association (IBA), founded in 1947, is a bar association of international legal practitioners, bar associations and law societies. The IBA in 2018 had a membership of more than 80,000 individual lawyers and 190 bar associati ...
(IBA) also made a statement that Dmitry Talantov should be released immediately The
Pet Shop Boys Pet Shop Boys are an English synth-pop duo formed in London in 1981. Consisting of vocalist Neil Tennant and keyboardist Chris Lowe, they have sold more than 100 million records worldwide and were listed as the most successful duo in UK music h ...
also called for the release of Dmitry Talantov.


The Case of

Ivan Safronov Ivan Ivanovich Safronov () (16 January 1956 – 2 March 2007) was a Russian journalist and columnist who covered military affairs for the daily newspaper ''Kommersant''. He died after falling from the fifth floor of his Moscow apartment buildi ...

At the time the criminal case was initiated, Dmitry Talantov was a lawyer for
Ivan Safronov Ivan Ivanovich Safronov () (16 January 1956 – 2 March 2007) was a Russian journalist and columnist who covered military affairs for the daily newspaper ''Kommersant''. He died after falling from the fifth floor of his Moscow apartment buildi ...
, an adviser to the head of
Roscosmos The State Corporation for Space Activities "Roscosmos", commonly known simply as Roscosmos (), is a State corporation (Russia), state corporation of the Russian Federation responsible for space science, space flights, List of space agencies, c ...
and a former
journalist A journalist is a person who gathers information in the form of text, audio or pictures, processes it into a newsworthy form and disseminates it to the public. This is called journalism. Roles Journalists can work in broadcast, print, advertis ...
, who is charged with high
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
. According to the FSB version, Safronov passed to Western intelligence agencies information on Russia's military and technical co-operation with
African countries This is a list of sovereign states and dependent territories in Africa. It includes fully recognised states, states with limited or zero recognition, and dependent territories of both African and non-African states. It lists 56 sovereign states ...
, as well as on the activities of the
Russian Armed Forces The Armed Forces of the Russian Federation, commonly referred to as the Russian Armed Forces, are the military of Russia. They are organized into three service branches—the Russian Ground Forces, Ground Forces, Russian Navy, Navy, and Russi ...
in the
Middle East The Middle East (term originally coined in English language) is a geopolitical region encompassing the Arabian Peninsula, the Levant, Turkey, Egypt, Iran, and Iraq. The term came into widespread usage by the United Kingdom and western Eur ...
. Dmitry Talantov became involved in the criminal proceedings of Ivan Safronov after the advocate status of lawyer
Ivan Pavlov Ivan Petrovich Pavlov (, ; 27 February 1936) was a Russian and Soviet experimental neurologist and physiologist known for his discovery of classical conditioning through his experiments with dogs. Pavlov also conducted significant research on ...
, who had previously defended Safronov, was suspended, and the lawyer was recognised as a
foreign agent A foreign agent is any person or entity actively carrying out the interests of a foreign principal while located in another host country, generally outside the Diplomatic immunity, protections offered to those working in their official capacity fo ...
and later instituted criminal proceedings against him.


References

{{DEFAULTSORT:Talantov, Dmitry Living people 1960 births Russian lawyers