IN THE NAME OF THE RUSSIAN SOVIET FEDERATIVE SOCIALIST REPUBLIC
Judicial Chamber on Criminal Cases of Leningrad City Court composed of:
N.S. Isakova, Presiding Judge
V.N. Morgachev and V.A. Sakharov, People’s Assessors
In the presence of N.K. Zakharova, Secretary
With the involvement of S.E. Soloviov, Prosecutor in Leningrad
having heard in open court on November 27, 1981 in Leningrad, a case against:
HERMAN VIKTOROVICH OBUHOV
Born on November 27, 1949 in Chelyabinsk, Russian, citizen of the USSR, nonparty man, single, with higher education; graduated from Leningrad Electrotechnical University in 1975; worked as an engineer at the Central Clinical Diagnostic Laboratory at the Health Clinic of the 1st Leningrad Medical Institute before his arrest; residing at Apt. 120, 13/15 Sablinskaya St, Leningrad; previously unconvicted; in custody since September 3, 1981; accused of a crime under Part 1 Article 70 of the Criminal Code of the RSFSR.
To subvert Soviet power. In 1979 -1981, the Defendant was engaged in anti-Soviet agitation and propaganda, namely he produced, distributed and kept for distribution works containing false stories defaming the Soviet state and social structure.
During the said period, in his apartment at: Apt. 120, 13/15 Sablinskaya St, he wrote out an anti-Soviet libel entitled Extinguished Dawn for the purpose of its further distribution. In his libel, he wrote hoaxes defaming the domestic and foreign policies of the Soviet state, the activities of the CPSU, socialist democracy, constitutional rights and political freedoms of Soviet citizens, and called for fighting against the Soviet state.
From 1979 to September 1981, he made three copies of the libel using a Moscow typewriter No. 483247 for the purpose of distribution.
From March to September 1981, he made I.A. Akulova, Witness, aware of the libel and kept two copies of the libel at her apartment at: Apt. 31, 24 Butlerova St, for the purpose of distribution. He also kept another copy at his apartment until September 3, 1981.
On September 2, 1981, he took a train to Moscow to visit the International Book Fair, where he intended to hand over one copy of the said libel to Anne Chevalier, representative of Gallimard French publishing house, or another representative of a foreign publishing house to have the libel published abroad.
The Defendant did not plead guilty and testified that his work, which he called a ‘parody’, contained a sharply-worded vicious slander of the activities of the CPSU, its leadership, the constitution of the USSR, economic situation and Soviet reality, but that it was not aimed at subverting or weakening Soviet power.
Having checked the case file and evaluated the available evidence, the Judicial Chamber believes that the charges brought against the Defendant have been fully confirmed.
The fact that the libel entitled Extinguished Dawn, anti-Soviet as followed from its content, was actually made, was established by the testimony of the Defendant himself, the testimonies of V.I. Obuhov, D.I. Obuhova, and I.A. Akulova, who confirmed that it had been made in a handwritten and typewritten copy.
This is also proven by material evidence: typewritten and handwritten copies of the libel seized at the Defendant’s place of residence and in I.A. Akulova’s apartment when the Defendant was detained in Moscow, as well as the Moscow system typewriter No. 483247; entries made by the Defendant in his diary on July 6 and July 12 1980, and in 1981 about writing the libel; carbon paper seized in the Defendant’s apartment, which was used to copy certain chapters of the anti-Soviet libel, according to forensic analysis findings.
The facts about making I.A. Akulova aware of the anti-Soviet work, delivery of one copy to Moscow to give it to the representative of Gallimard French publishing house, keeping the other two copies with the Defendant’s parents and I.A. Akulova, Witness, were substantiated by the Defendant’s testimony, the testimonies of D.I. Obuhova and V.I. Obuhov, Witnesses, as well as the search records and seizure of two copies from these persons, and seizure of another copy from the Defendant when he was detained in Moscow.
The Defendant’s testimony, the testimony of I.A. Akulova, Witness, and the following physical evidence demonstrates that the Defendant had intent and took steps to deliver his libel to foreign publishers to have it published abroad: Red Arrow train No. 1 ticket for September 2, 1981; business cards of Anne Chevalier and Lawrence Hughes, representatives of French and American publishers; the names of American publishers Nolton and Green written on a piece of paper; and, a copy of Extinguished Dawn libel seized when the Defendant was searched and detained in Moscow.
The same circumstance is also confirmed by the content of the Introduction to the anti-Soviet libel Extinguished Dawn, from which it appears that the libel was intended to be published in a private publishing house abroad or illegally in the Soviet Union.
Looking at the compendium of evidence, the Judicial Chamber believes that the Defendant’s actions correctly fall under Part 1 Article 70 of the Criminal Code of the RSFSR. The fact that the Defendant was acting willfully and knowingly, and intended to subvert Soviet power is absolutely ascertained by the content of the anti-Soviet libel with its hoaxes defaming the domestic and foreign policies of the Soviet state, the activities of the CPSU, socialist democracy, constitutional rights and political freedoms of Soviet citizens, its calls for fighting against the Soviet state and the Defendant’s express intent to publish it in a foreign publishing house to conduct active hostile activities against the USSR abroad.
Addressing the matter of the measure of punishment, the Judicial Chamber takes into account the gravity of the Defendant’s offence, unfavorable references, and the fact that he has no previous convictions.
Guided by Articles 300-303 of the Code of Criminal Procedure of the RSFSR, the Judicial Chamber
To find HERMAN VIKTOROVICH OBUHOV guilty of a crime under Part 1 Article 70 of the Criminal Code of the RSFSR and sentence him under this law to four (4) years of imprisonment in a strict-security forced-labor camp with a subsequent exile for two years.
To keep detention as a pre-trial restriction pending the entry of the sentence into legal force, with credit for time served since September 3, 1981.
To collect legal costs in the amount of RUB 45 (forty five) in favor of the State.
As regards material evidence, to keep three copies of the Extinguished Dawn libel in the case file and to forfeit the Moscow system typewriter No. 483247 to the state.
The sentence may be appealed to the Supreme Court of the RSFSR within 7 days from the date of proclamation. The convicted may appeal the sentence within the same period from the date of delivery of a copy of the sentence.
Presiding Judge – signature
People’s Assessors – 2 signatures
Certified to be a true copy –
Seal and Secretary’s signature