Arsen Kubedinov

Background:

 

Lawyer:

Dzheemil Temishev

Incrimination:

Part 2 of Art. 282.2 of the Russian Criminal Code (participation in the activities of an extremist organisation)

Detained:

October 2, 2017

Sentence:

2.5 years of suspended imprisonment

Mailing address:

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1889
days in custody

Kubedinov was arrested on 2 October 2017 together with three other Crimean Tatars who are accused of being part of the Tablighi Jamaat movement. He is married, and is the father of four young children, the oldest being 11 years old. The same day of his arrest, Russian state-controlled media reported that the FSB had dismantled three cells of Tablighi Jamaat in Crimea. Tablighi Jamaat is banned in Russia and considered an “extremist” organisation following a 2009 Russian Supreme Court’s decision. On 22 February 2018, Kubedinov was released from the Simferopol remand prison and placed under obligation not to leave the territory of the Russian Federation.

On 22 January 2019, the de facto Supreme Court of Crimea delivered its decision. Arsen Kubedinov was recognized guilty and sentenced to 2.5 years of suspended imprisonment.

Exculpatory evidence

No clear evidence has been provided by the investigation to support the accusation that the group of four men -Talyat Abdurakhmanov, Arsen Kubedinov, Seyran Mustafaev and Renat Suleymanov- are part of the Tablighi Jamaat organisation. Instead, one of the defense lawyers – Suleymanov’s lawyer Edem Semedlyaev- reported that the detainees were forced to cooperate with the de facto investigators in exchange of a milder sentence. Moreover, on the day of their arrest, a representative of the Russian Crimean Muftiat visited the detainees in the FSB’s facilities and proposed his help if they confessed their guilt and agreed to state-appointed lawyers.

The main evidence during the trial was the audio of the conversation between the accused, which was  wiretapped secretly by the security forces. In this conversation they discuss general issues regarding religion and do not address any extremist, violent, or illegal issues. The linguistic expertise was biased and manipulative.

The anti-extremist legislation has been used in Russia to justify political persecution, especially against Crimean Tatars and Muslims. The transnational Tablighi Jamaat movement, which activity is mostly based on proselytism (“da’wa” which corresponds to the religious mission), is a non-radical and apolitical group. It focuses on replicating Muhammad’s lifestyle through a strict dress code and religious practices and on the promotion of missionary tours (“khuruj”) to spread the faith.

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