Belousov Kirill Andreyevich

Full description

On 6 July 2022, Kirill Belousov was detained in the urban-type settlement of Belaya Beryozka in the Bryansk region, near the border with Ukraine. He was held at the local FSB office for a day, and on 7 July, Judge Tatyana Petrovna Pribylnova of the Trubchevsky District Court of the Bryansk Region reviewed Belousov’s case and found him guilty of violating Part 1 of Article 19.3 of the Administrative Offences Code of the Russian Federation. He was sentenced to 10 days of administrative arrest. According to the court ruling, Belousov, “while in a public place in a state of alcohol intoxication, was taken to a local police station, where, in the presence of witnesses, he refused to comply with a lawful order from a police officer to undergo a medical examination for intoxication, thereby disobeying the lawful order of a police officer.” The ruling also states that Belousov admitted guilt in committing the administrative offence and confirmed that he had indeed refused to undergo the medical examination.

It appears that after this, Belousov was not released but was instead taken into custody in connection with a criminal case. On 18 July, he was formally charged under Part 3 of Article 30 and Part 2 of Article 208 of the Criminal Code of the Russian Federation (“Attempted participation in an armed formation on the territory of a foreign state not provided for by the legislation of that state, for purposes contrary to the interests of the Russian Federation”).

The first public mention of Belousov appeared on 19 July 2022 in the SHOT Telegram channel, which is closely associated with security forces. It reported that Belousov had decided as early as May to join the ‘Freedom of Russia’ Legion and “after two months, dared to flee,” but was detained 1.5 kilometres from the Ukrainian border.

According to a press release on the court’s website, published after the verdict, Belousov “decided to travel to Ukraine to participate in combat against the Armed Forces of the Russian Federation as part of the ‘Freedom of Russia’ Legion.” To this end, he “began correspondence with a recruiter from Ukraine and actively prepared for combat.” Following the recruiter’s instructions, Belousov travelled by train to Bryansk and then took a bus to the urban-type settlement of Belaya Beryozka in the Trubchevsky district, where he was apprehended by FSB officers.

The press release also states that Belousov admitted guilt and includes his statement: “I sincerely repent and ask you not to punish me severely.” In addition to his admission of guilt, the court took into account certain mitigating circumstances when issuing the verdict.

On 17 January 2023, Judge Alexey Vladimirovich Oparin of the Bryansk Regional Court sentenced Kirill Belousov to five years in a high-security penal colony with an additional one-year restriction on freedom. The state prosecution was represented by Prosecutor Dorzhi Danzanovich Tebleev.

On 26 July 2022, the Russian Federal Financial Monitoring Service added Kirill Belousov to its list of terrorists and extremists, marking him as belonging to the category of terrorists.

Grounds for Recognition as a Political Prisoner

Since we lack sufficient information, we cannot assess in this report the validity of the charges against Belousov—whether he genuinely intended to travel to Ukraine and join the ‘Freedom of Russia’ Legion, or whether the charges were entirely fabricated.

We will also disregard the information that Belousov admitted guilt and expressed remorse, as this could be a legitimate strategy to mitigate his situation. Moreover, the presence or absence of remorse does not change the essence of our analysis.

We will assume that Belousov did indeed intend, as stated in the court press release, to “travel to Ukraine to participate in combat against the Armed Forces of the Russian Federation as part of the ‘Freedom of Russia’ Legion.” Even in this case, we believe he should not be subjected to criminal prosecution for the following reasons.

Belousov was charged under Part 3 of Article 30 in conjunction with Part 2 of Article 208 of the Criminal Code of the Russian Federation (“Attempted participation in an armed formation on the territory of a foreign state not provided for by the legislation of that state, for purposes contrary to the interests of the Russian Federation”). Following the expansion of Article 275 of the Criminal Code of the Russian Federation (“High Treason”) in July 2022 to include penalties for “defecting to the enemy’s side,” individuals suspected of intending to join units fighting for Ukraine have increasingly been prosecuted under this article. Essentially, such cases involve prosecution for merely intending to join the Armed Forces of Ukraine. We believe that such prosecution contradicts both the spirit and letter of the law.

On 2 March 2022, the United Nations General Assembly adopted a resolution stating that the Russian Federation’s war against Ukraine violates Article 2(4) of the UN Charter and constitutes the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, i.e., an act of aggression. The resolution demands that the Russian Federation immediately cease the use of force against Ukraine and fully and unconditionally withdraw all its armed forces from Ukrainian territory within its internationally recognised borders.

In 1946, the International Military Tribunal declared that aggression constitutes “the supreme international crime.” Article 51 of the UN Charter affirms “the inherent right of individual or collective self-defence if an armed attack occurs” against an independent state. Thus, under international law, Russia’s military actions against Ukraine are illegal and criminal, while Ukraine’s actions in defence against aggression are lawful and justified.

Article 15 of the Russian Constitution states that “the generally recognised principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules different from those stipulated by law, the rules of the international treaty shall apply.”

Therefore, participation in Ukraine’s defence against aggression is lawful under international law and, consequently, under Russian law, and cannot serve as a basis for criminal prosecution.

Conclusion

The independent human rights project “Support for Political Prisoners. Memorial,” which continues the work of the Political Prisoner Support Programme of the Human Rights Centre “Memorial,” in accordance with international guidelines for defining the term “political prisoner,” finds that the criminal case against Kirill Belousov is politically motivated. It is aimed at intimidating opponents of the aggressive war, thereby consolidating and maintaining power by those in authority. His imprisonment was imposed in violation of the right to a fair trial and other rights and freedoms guaranteed by the Russian Constitution and the International Covenant on Civil and Political Rights.

The independent human rights project “Support for Political Prisoners. Memorial” considers Kirill Belousov a political prisoner and demands the cessation of his criminal prosecution.

The recognition of a person as a political prisoner does not imply the project’s agreement with their views or statements, nor approval of their statements or actions.

Defence lawyer: Dmitry Evgenyevich Skripin.

Media publications:

• 17 January 2023. Current Time. Saratov resident sentenced to five years in a high-security colony for attempting to fight on the side of Ukraine.
• 18 January 2023. Mediazona. Court sentences Saratov region resident to five years in prison for attempting to fight for Ukraine.
• 18 January 2023. Novaya Gazeta Europe. Saratov region resident sentenced to five years in prison for attempting to fight for Ukraine.

Date of last update: 9 December 2024.