Yurii Shulipa: Fabrication of a criminal case against the participants of the Post-Russia Forum is a danger to life, personal and national security of Western countries

Yurii Shulipa: Fabrication of a criminal case against the participants of the Post-Russia Forum is a danger to life, personal and national security of Western countries

About the author – Yurii Shulipa, Honorary Consul of the Chechen Republic of Ichkeria in Ukraine, Director of the International Union «Institute of National Politics», lawyer, political expert, author of the monograph «How Putin Kills Abroad»

This publication is addressed to participants of the Post-Russia Forum, representatives of the legal community, intelligence, counterintelligence and law enforcement officers of foreign countries, as well as to all persons against whom criminal cases on events outside Russia have been fabricated by the Investigative Committee of the Russian Federation* and to a wide range of readers

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* After the launch of the full-scale invasion of Ukraine on 24 February 2022, Ukraine, Lithuania, Latvia, Estonia, Poland, the Czech Republic, the Netherlands, Slovakia, as well as the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament and the NATO Parliamentary Assembly have variously recognised Russia as a terrorist state, a state sponsor of terrorism, the Russian regime as a terrorist regime because of systematic violence against civilians, deliberate attacks on civilian objects and other examples of violence, and genocide of Ukrainians to achieve political goals to destroy Ukraine as a state and geopolitical reality, the Ukrainian people and the Ukrainian nation.

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On 14 December, the official website of the Investigative Committee of the Russian Federation published information about the instruction of its chairman to initiate criminal proceedings in connection with the statements of participants of anti-Russian events reflected in the story of the aggressor's propaganda TV channel.

From a political standpoint, the investigative committee's activities under discussion mean that the Post-Russia Forum is having an effective positive impact on the fascist Moscow regime. However, behind this activity is the Moscow state machine of assassinations and kidnappings abroad, active measures, espionage and subversion against the national security of foreign states.

Who really runs the investigative committee?

Source: Yurii Shulipa. How Putin kills abroad: monograph / - p. 381

As follows from the table above, the Chairman of the Investigative Committee Alexander Bastrykin and his subordinate investigators are primarily responsible for the fulfilment of the tasks assigned to them and the implementation of Moscow's state policy. The actual head of the Investigative Committee V. Putin sets them tasks and develops the state policy. Execution of the criminal policy of the Moscow regime in no way removes responsibility from Bastrykin and his subordinate investigators. At the same time, the above norms of the law on the Investigative Committee show that the Investigative Committee is only a small part of Moscow's criminal foreign and domestic policy, and that the state machine is behind the repression of people both inside and outside the Russian Federation.

The aggressor is trying to prosecute under the criminal Nuremberg laws

It should be noted that representatives of the aggressor country prosecute people outside of Russia under the so-called laws «On Combating Terrorism», «On Countering Extremist Activity», etc., the norms of which are largely inconsistent with the norms of international human rights law. The very application of such laws is the commission of crimes against human rights and should be subject to investigation by the law enforcement authorities of a foreign state on the events in the territory of which the criminal case was fabricated.

Subsequently, this factor should be taken into account when applying to the law enforcement authorities of a foreign state to initiate criminal proceedings against Bastrykin and his co-conspirators and to include them in the sanctions lists.

In addition, the Moscow regime is recognised as an irremovable dictatorship by the PACE resolution of 13.10.2023, which completely nullifies the execution of such decisions of the Moscow authorities in the member states of the Council of Europe.

Why does the fabrication of a criminal case by the Investigative Committee of the Russian Federation on events abroad signal a threat to the life of the person being prosecuted and, at the same time, a threat to the national security of a foreign state?

There is a direct causal link between the fabrication of criminal cases by investigators of the Investigative Committee of the Russian Federation and subsequent murders (attempted murders) or kidnappings (attempted kidnappings) of people on the territory of foreign states.

Source: Yurii Shulipa. How Putin kills abroad: monograph / - p.p. 281 – 283

As the table above shows, attempts on the lives of people outside the russian Federation occurred after criminal cases were fabricated against them. In turn, attempts on people's lives are associated with deep intelligence penetration of the aggressor's intelligence and their enemy agents into the spheres of law and order and national security of foreign states.

The FSB is the main initiator of killing people

The Investigative Committee does not have operational and investigative capabilities and intelligence. Therefore, the operational and investigative support of criminal cases of the Investigative Committee is carried out by the Operational Investigative Department (OID) of the 2nd Service of the Federal Security Service (FSB).

As a rule, the basis for initiation of the order to liquidate a person is the  information stated in memorandum certificates of the operative commissioners of the OID of the 2nd FSB Service, or the 5th FSB Service (security intelligence), less often Foreign Intelligence Service (SVR) (foreign intelligence) and GU GS (military intelligence) (often referred to in English-language media as the GRU (author's note), if the information about the person to be liquidated is obtained from abroad and the person to be liquidated is abroad. In the case under consideration, the OID 2 of the FSB Service interacts with them horizontally and promptly with the special services of the aggressor.

The same materials become the basis for initiation of fabrication of criminal cases by the Investigative Committee and inclusion of individuals and legal entities in the register of so-called foreign agents, as well as in the registers of so-called extremists and terrorists.

And accordingly, the same materials are the basis for fabrication of criminal cases by the investigative committee both for events within the internationally recognised borders of the Russian Federation and abroad.

Abroad, acting under diplomatic cover, employees of the 5th FSB Service, through their agents in law enforcement agencies and special services of foreign countries, extract information about the object to be liquidated.

Under the roof of Russian embassies, consulates, etc., institutions with diplomatic immunity, operatives of the 5th FSB Service advise the Moscow assassins from the GSU on organisational issues of liquidation of the intended victims who have arrived in a foreign country.

Information and psychological support of murders and kidnappings (active measures) is mainly provided by operatives of the FSB Public Relations Centre (PRC) in cooperation with their agents of influence from among the Russian propagandists.

Operational and investigative support of the FSBcriminal cases is one of the forms of operational cover-up of murders and kidnappings of people outside Russia, committing other especially grave crimes against them.

In the course of criminal proceedings on events abroad, the Investigative Committee of Russia actually becomes the fourth body of foreign intelligence of the Russian Federation.

Through their criminal and procedural activities, investigators of the Investigative Committee of Russia create for the FSB, GSU of the Investigative Committee of Russia, and SVR bodies, including in the extra procedural framework of interaction, an additional opportunity to carry out operational-search, counterintelligence and intelligence activities outside Russia and «legalisation» of their results in the course of criminal proceedings.

Fabrication of criminal cases on events outside Russia in the first place creates a parallel reality in information and legal terms and is usually carried out to solve the following criminal tasks:

1) providing legal cover for assassinations of persons undesirable to V. Putin or certain representatives of his regime outside the Russian Federation;

2) providing legal cover for kidnappings of Russian citizens, foreigners and stateless persons from the territories of foreign countries with the purpose of forcibly bringing them to the territory of the Russian Federation;

3) ensuring concealment of the true intentions of murders of persons appearing in criminal cases of the Investigative Committee of the Russian Federation as witnesses, suspects, accused, defendants and convicts;

4) ensuring the «legalisation» of intelligence activities, intelligence and subversive activities outside the Russian Federation on the territories of the foreign states being undermined;

5) creating a pretext for information-psychological operations against persons to be destroyed in order to discredit their honour, dignity and business reputation, to form in the minds of the masses an impression of them as criminals, villains, scoundrels, etc., negative personalities;

6) creating a real possibility for the imprisonment of other persons undesirable to V. Putin or certain representatives of his regime who are on the territory of the Russian Federation;

7) creation of conditions for inclusion of persons undergoing criminal proceedings as suspects, accused, defendants and convicts in the Interpol "red card" for the purpose of actual temporary restriction of departure from the territory of the country of residence (stay) to other countries, ensuring their detention by the authorities of foreign countries, significant difficulty in travelling between foreign countries;

8) creation of legal conditions, including the use of Interpol tools, for forced and sometimes outright violent return to the territory of the Russian Federation of persons undesirable to V. Putin or certain representatives of his regime, for example, by initiating through law enforcement and migration authorities of foreign countries the cancellation of residence permits, with the aim of reprisals or physical liquidation in Russian places of detention;

9) in informational and psychological terms, diverting the attention of society and representatives of other law enforcement structures from the real customer, organisers and perpetrators of murders of persons undesirable to V. Putin or certain representatives of his regime to inappropriate (unsuitable) objects;

10) exerting additional psychological pressure on those who are being held in criminal cases as witnesses, suspects and accused;

11) motivation to commit murders and kidnappings of people, both agents-militants of the Russian security services and employees of the Russian security services acting in their official capacity under the legend of committing crimes for the sake of «Great Russia» and its security, etc., «knowingly appointed» by the State Investigation Committee of the Investigative Committee of the Russian Federation as «criminals»;

12) deliberate interpretation of events, facts and circumstances that took place outside the Russian Federation (RF) as crimes by investigators of the Investigative Committee of the Investigative Committee of the RF as an attempt to bring obviously innocent persons to criminal responsibility, and at the same time the wrongful abuse of the principles of universal criminal jurisdiction, is part of legal aggression - an integral element of the 4th world hybrid war of the Russian Federation against the collective West (Yurii Shulipa. How Putin kills abroad: monograph / - p.p. 283 - 285).

How is the decision made at the highest level to kill people abroad?

The decision on personal liquidation of people abroad is taken secretly in the Kremlin by the first persons of the aggressor country at the highest level.

Information and analytical materials are received from the FSB, GU GS and SVR to the apparatus of the Security Council of the Russian Federation. On the basis of these materials, the staff of the apparatus forms liquidation lists in the form of a work plan of the rf security council. Subsequently, after the decisions to liquidate people come into force, their liquidation is implemented in accordance with the procedure approved in the liquidation plan.

Nikolai Patrushev, secretary of the Russian Security Council, is responsible for the liquidation plan. He submitted the liquidation plan to Putin for approval. Putin approved the liquidation plan by his order. The staff of the security council's apparatus instructs the first deputy chief of the GSU Vladimir Alekseev and the FSB leadership to organise a secret operation to liquidate persons "sentenced" to death, most often with the help of chemical warfare agents.

At present, after Putin's elimination, Patrushev himself instead of Putin, but on his behalf, approves plans to liquidate people.

The decision to prosecute the participants of the Post-Russia Forum was made in the Kremlin

The Post-Russia Forum is the object of intelligence activities of the intelligence services of the aggressor country, which is confirmed by the note of protest from the Foreign Ministry of the aggressor country to the Japanese Embassy in Russia in August 2023.

In fact, from the very beginning of its activity, the Forum has been the object of intelligence activities of enemy intelligence services.

Putin was in charge of intelligence activities in Russia, but now Patrushev is in his place, who, represented by the apparatus of the security council, determines the scope and objects of intelligence activities, collects and analyses intelligence information (manages operational-search and intelligence activities).

In fact, the apparatus of the Security Council of the Russian Federation is the second instance after the FSB and other special services, in which final decisions are formed on the inclusion of persons in liquidation plans, in the registers of so-called foreign agents, terrorists and extremists.

Is it necessary to react to fabrication of criminal cases by the Investigative Committee of the Russian Federation and if so, how to act professionally?

In each case, fabrication of a criminal case is an act of legal aggression against a particular person, national security and interference in the internal affairs of a sovereign state, one of the forms of legal cover for an impending murder or kidnapping of a person from the territory of a foreign state (Yurii Shulipa.How Putin kills abroad: monograph / - p. 378).

Therefore, undoubtedly, such an event cannot be left without attention.

Since the criminal activity of the above-mentioned officials is associated with other criminal activity - providing legal cover for the intelligence-subversive activities of intelligence officers and (or) their agents against national security and law and order, murder and kidnapping, it is necessary to initiate criminal proceedings against them under the relevant articles of the Criminal Code:

1) defence of the state against abuses by Russia of universal jurisdiction;

2) protection of the individual against abuses by Russia of universal jurisdiction;

3) measures of diplomatic and legal response at the international level (ibid. p. 380).

With regard to all the above-mentioned persons, it is necessary to:

1) to seek from local law enforcement agencies to bring suspicion (charges) against them in person or in absentia for committed crimes against the person, national security, criminal interference in the internal affairs of a sovereign state;

2) to declare all suspected (accused) persons internationally wanted by Interpol (ibid. p. 382).

The second stage is to use the legal services of aadvocate in Moscow (not legal assistance, but services, because, due to criminal law enforcement practice, a lawyer de facto has no opportunity in Russia to help a person who is in the orbit of criminal prosecution), to represent the interests in the investigative committee. Moreover, the  advocate should be as independent as possible from the representatives of the Moscow regime.

Using the services of a lawyer in no way means «recognition» of the jurisdiction of the investigative committee, legitimisation of the Moscow regime, etc. In this case, the role of a lawyer is to obtain information about the participants of illegal criminal prosecution: from investigators and their supervisors, to ordinary individual FSB operatives. The lawyer on behalf of the client has the right and obligation to appeal against any illegal action, inaction and (or) decision of the investigator. Obviously, the advocate will not be allowed to familiarise himself with the materials of the criminal case at the stage of pre-trial investigation.

Investigators are forced to respond to complaints, write off with reports and attach criminal case files to the reports as evidence to justify their actions.

Thus, at the expense of numerous complaints to the prosecutor, the lawyer can subsequently familiarise himself with the materials of supervisory proceedings in the prosecutor's office, which will include data on investigators, their superiors and even FSB operatives.

The information obtained by foreign law enforcement agencies in the course of the criminal investigation against Bastrykin and his subordinate investigators and the data extracted from the aggressor's territory on complaints against them must then be compared, which will provide a full assessment of the threats to both the person being prosecuted and the national security of the foreign State. The entire chain of threats can be traced, using Russian law to establish causal links.

Subsequently, all Russian officials involved in the orbit of criminal prosecution should be identified and placed on foreign sanctions lists.

In addition, information obtained from any criminal case of the investigative committee on events outside of russia should be officially handed over to the Security Service of Ukraine (SBU), in particular to verify persons involved in the aggression against Ukraine.

Remember that the Fourth World Hybrid War has no boundary between front and rear. The front of this war arises in any part of the globe, wherever the aggressor has the ability to wage war by both military and non-military means.  In order to win on the legal front, it is necessary to take the initiative into our own hands.

It is important to understand that Alexander Bastrykin and his subordinate investigators of the Investigative Committee of the Russian Federation are active accomplices in the 4th world hybrid war against Ukraine and the countries of the West. Therefore, they are all legitimate targets for physical elimination. Historically, the Moscow terrorist criminal regime is doomed to defeat.

With the defeat of the Moscow regime, the terrorist war criminals acting in their official capacity, Bastrykin and his subordinates, as well as the FSB officers acting with them, must certainly be convicted, both in person and in absentia, and even in some cases posthumously, to ensure the non-repetition of this evil.

It is for this reason that it is now more urgent than ever to open criminal cases in foreign countries against Bastrykin and the law enforcers associated with him and to gather evidence of their criminal anti-human activities as far as possible, and in parallel to include their names on various sanctions lists.