The Russian authorities opened 70 cases in 2023, either for state treason or for confidential cooperation with a foreign state or organization, according to a report from the human rights organization Perviy Otdel, comprising Russian activist lawyers, released on Thursday detailing the alarming outcomes of the year.
Out of the 70 new cases initiated in 2023, in addition to 28 pending from previous years, courts found defendants guilty in 37 cases, marking a historical high. Some cases progressed swiftly from the court’s initiation to final judgment, spanning a mere month.
According to Perviy Otdel, most of these cases were instigated by the Federal Security Service (FSB). Frequently, FSB conducted online sting operations, engaging individuals opposing war. Subsequently, they orchestrated stings targeting those supporting the Ukrainian Army, providing aid to Ukraine, intending to travel to Ukraine, or expressing a desire to join the “Freedom of Russia Legion” or defect from the Russian army to volunteer against Russian aggression in Ukraine. Successful stings led to arrests under Article 275 for treason or Article 275.1 for confidential cooperation with foreign entities.
Article 275 of the Criminal Code of the Russian Federation, defines State Treason as:
Actions committed by a citizen of the Russian Federation such as espionage, providing information constituting state secrets to a foreign state, international or foreign organization, or their representatives, entrusted to them or made known to them by virtue of their service, work, study, or in other cases provided by the legislation of the Russian Federation, switching sides to the enemy, or providing financial, material-technical, advisory, or other assistance to a foreign state, international or foreign organization, or their representatives in activities directed against the security of the Russian Federation.
The penalty for this offense ranges from 12 to 20 years of imprisonment or life. In 2023, Russia introduced life imprisonment as an additional punishment option for Article 275.
Treason laws often entail severe punishment. For instance, in the US, under 18 U.S.C. § 2381, treason carries a minimum penalty of five years in prison and a maximum penalty of the death penalty. Additionally, Article 3 of the US Constitution dictates:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The elements and precedents of treason law in the US afford the accused a better opportunity to defend themselves. Conversely, under Russian law, the broad language allows more flexibility for prosecution and fewer safeguards for defendants, resulting in unprecedented numbers of convictions.
In most cases, the defendants under Articles 275 and 275.1 remain unidentified, although a few are publicly known. For instance, Russia’s opposition activist Kara-Murza was sentenced to 25 years in prison in April 2023. He faced charges of treason, disseminating false information, and affiliation with an “undesirable organization.” Another known figure is Robert Shonov, a former contract employee of the US consulate in Moscow, charged with treason. Additionally, Ilya Sachkov, a prominent cybersecurity executive, received a 14-year jail sentence. Some defendants in these cases include former military service members and academics.
