The Trial of Alexei Gorinov: An Analysis of Criminal Prosecution and Repressive Legislation

Alexei Gorinov, a former municipal deputy from Moscow’s Krasnoselsky District, has become the central figure in several high-profile court cases. His case exemplifies the use of Russia's laws on "fake news" and "justification of terrorism," sparking significant discussion both domestically and internationally.

First Criminal Case: "Fake News"

In July 2022, Alexei Gorinov was sentenced to seven years in prison for spreading "fake news" about the Russian army following his speech at a municipal deputies' meeting where he referred to the war in Ukraine as a "war," rather than the "special military operation" as defined by Russian legislation. This was the first instance where a real prison term was handed down under this statute (Article 207.3 of the Criminal Code of Russia), which was widely perceived as an act of political repression and a crackdown on free speech.

Second Criminal Case: Justification of Terrorism

A second criminal case against Gorinov was initiated under the charge of justifying terrorism (Article 205.2 of the Criminal Code). This was based on conversations he had with other inmates in a prison hospital, where he discussed events in Ukraine, particularly the actions of the Ukrainian "Azov" unit and the sabotage of the Crimean Bridge. The investigative bodies interpreted these discussions as public justification of terrorism. In November 2024, Gorinov was sentenced to an additional three years in prison, leading to his transfer to a high-security prison.

The Repressive Nature of the Articles

The articles concerning the justification of terrorism and the dissemination of "fake news" are often criticized for their repressive nature:

Subjectivity in Interpretation: These laws allow for broad interpretations of what constitutes "justification" or "fake news," potentially used to suppress dissent.

Lack of Legal Certainty: The absence of clear criteria can lead to prosecution for statements that might simply be personal opinions or analyses of current events.

Intimidation and Restriction of Free Speech: In societies where such laws are enforced, many individuals might self-censor out of fear of legal repercussions for criticism or expressing alternative viewpoints.

International Reaction

Gorinov's case has drawn attention from international human rights organizations. Amnesty International, among others, has called for his immediate release, highlighting that he has become a victim of politically motivated prosecution for expressing his opinion, which violates international human rights standards.

The trials of Alexei Gorinov raise serious concerns about the application of laws that, in the view of many, are aimed at suppressing criticism of the government and restricting freedom of speech. In democratic countries, such laws would likely provoke public outrage and be deemed incompatible with the principles of free expression. In the context of Russia, Gorinov's case serves as an example of how law can be wielded for political retribution, underscoring the need for legislative reform to protect human rights and freedom of speech.