The case of Timur Kacharava (Russian Federation)

Attack and Murder

On November 13, 2005, 20-year old student, musician, and anti-racist activist Timur Kacharava and his friend, also an anti-racist activist, Maxim Zgibai were attacked by a group of some ten young people. Kacharava was stabbed five times in the neck, and died shortly thereafter. Zgibai was also stabbed and seriously wounded. Kacharava was well known for his activism and took part in a number of actions aimed at combating xenophobia in Russia as well as support for the homeless. It is widely believed that he was targeted for this work. The St. Petersburg prosecutor's office immediately acknowledged that the murder may have been motivated by Kacharava's public and non-violent activities to oppose the racist violence of neo-Nazi groups.[1]

Kacharava had been threatened on numerous earlier occasions, and was twice the victim of attacks in apparent retaliation for his work in anti-fascist activities. On one occasion he was beaten and suffered a concussion. Another time, an aerosol spray can was exploded in his face. One of his old friends, with whom he parted ways because of political views, joined a neo-Nazi group and also threatened him over the telephone. Two days before his death he said to his mother: "I want to warn you –I am on their list, I am marked."[2]

Investigation and Trial

In the course of the investigation eight people – three of them minors – were detained in connection with this attack. As of the beginning of October 2006, according to an update on the case from the St. Petersburg prosecutors' office, the charges included incitement to hatred with the use of violence (article 282(2)(a)) and pre-meditated hooliganism committed by a group (article 213(2)). In addition to these charges, 19-year-old Andrei Shabalin was charged with the murder of Timur Kacharava and attempted murder of Maxim Zgibai, both with a motive of hooliganism (article 105, and article 30 together with article 105).[3]

During the course of the investigation, the victims' lawyers and family expressed concern about repeated articles in the Russian press hinting that the victim himself may have provoked the attack and that such assertions could be seen as a mitigating circumstance. There were references to a fight which took place on November 9, 2005 in the Tavrichesky garden between a group of anti-fascists and skinheads in which a number of the skinheads suffered serious injuries, some involving hospitalization. One member of that skinhead group, who suffered from a concussion to the head, was one of the defendants in the case of the murder of Kacharava and assault of Zgibai. He has asserted that Kacharava had taken part in that fight and that the attack on him several days later was in retaliation, an assertion that was repeated in the press.[4] Kacharava's family and lawyers denied that he took part in any such violence, citing his long commitment to non-violent actions.[5]

On April 10, 2007, Alexei Mayakov, a prosecutor in the St. Petersburg prosecutor's office announced that the investigation into the attack and murder had been completed and that the case had been transferred to the St. Petersburg City Court. According to the information released, prosecutors brought charges against seven persons, among them three minors. Mayakov also announced that the primary murder suspect, Andrei Shabailin, was being charged under article 105(2) ("premeditated murder, committed by a group") and article 30(3) ("attemp