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| 1-May-2026 |
He appeared at the appeal via a video link from prison, and shared the statement in a letter, at the request of the For Human Rights (Za Prava Cheloveka) group.
On 19 December last year, the Liublin district court in Moscow sentenced Nesterenko, a university teacher, to three years’ imprisonment, for storing Ukrainian songs on a playlist in a social media account. He made a defiant final statement there, condemning “power based on lies and violence”, and was convicted of “public incitement to extremist activities” under Article 280.2 of the Russian criminal code.
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| Aleksandr Nesterenko at his first court appearance in November last year. Photo: Mediazona |
This statement at the appeal hearing was published on the For Human Rights telegram channel.
🔴My case was thought up in the investigator’s office. The first I knew of committing a crime was when I was arrested. Of course there is nothing new in all this. That’s exactly how they fabricated political cases in the VChK-NKVD [the Soviet security police, the All-Russian Extraordinary Commission of the People’s Commissariat of Internal Affairs].
I got a three-year sentence for a song that I did not have [on a playlist on the social media site V-Kontakte], on the basis of evidence of so-called “witnesses” – evidence in court that contradicted evidence collected during the investigation, and evidence by witnesses who contradicted each other. I was convicted on the basis of so-called “expertise”, which in one paragraph said that in such-and-such a song it said so-and-so, and in the next paragraph said the opposite.
A year before being found guilty, I was put on the list of extremists and terrorists – that is, deprived of all civil rights and of the means of subsistence.
As a citizen of this country – still! – I can not but express my indignation that all the people who fabricated my “case” are not here, where I am. In the same way as we would not trust thieves and fraudsters to look after our money, we should not entrust the security of the state to those who, in carrying out criminal orders, are happy to transgress the law. Because a state that replaces the rule of law with despotism will perish from that despotism.
You have to be absolutely without any honour or conscience to accuse me of keeping, for myself, songs that have not been forbidden by anyone and are widely circulated on line, not because I like them or am somehow interested in them, but because – to quote the grounds for my conviction – I “feel persistent hostility to a group of people, defined by nationality, i.e. Russians, and am guided by the aim of arousing hatred and antipathy towards that group of people”.
You really have to trample all over the law, and common sense, to find incitement to extremist activity in songs that are a hundred years old – one of which was basically a Scouts’ song, that is, sung by Pioneers [the Soviet youth organisation, comparable to the Scouts]. These songs don’t have the slightest relevance to modern-day realities. Not even hypothetically.
If you follow the prosecution’s logic, then charges of incitement to extremist activity should be used to imprison French speakers, communists and other music lovers for the French national anthem the Marseillaise, for the communist anthem the Internationale, and for that wonderful revolutionary song, the Varshavyanka [popular in Poland and Russia during the 1905 and 1917 revolutions]. All the more so, considering that in these songs – in contrast to those that I am accused of listening to – there are actual calls for the violent overthrow of the existing order.
My “case” doesn’t just discredit the legal system, it makes it into a caricature. Who benefits? Is it those who declaim that they are Russian patriots and that, to do their duty, they must defend the basis of the constitutional order and the security of the state? I don’t think so. I think it’s entirely likely that this is not the result of the criminal activity of enemies of Russia who have infiltrated the law enforcement agencies – but, rather, the result of one of the two eternal Russian misfortunes. [The two misfortunes are “roads, and idiots”, according to a saying, wrongly attributed to the 19th century writer Nikolai Gogol, and more likely thought up by the Soviet-era comedian Mikhail Zadornov.] And if, at the end of the day, the roads can be repaired or rebuilt, how can we get away from the idiots?
It would be interesting to know the opinion of the “experts” at the Professor A.R. Shlyakhov Russian Federal Centre for Judicial Expertise, which is affiliated to the Ministry of Justice of the Russian Federation, as to whether there is a public incitement to extremist activity in the song “Battle With The Idiots”, first sung half a century ago by “Mashina Vremeni” [“Time Machine” – see note at end], which includes the following lines:
Pass the rifles to the lads,
We’ll see who the brave ones are.
Pass the rifles to the lads,
And the idiots will get sorted sharpish.
I state, in full cognisance of my responsibilities, that this song is not on my social media channel, just as the Ukrainian folk song “Bandera is our father” is not and was not there … although the valiant warriors of the Federal Security Service and the Investigations Committee – in spite of the bequest left to them by F.E. Dzerzhinsky [the founder of the Soviet security police], and all the obvious facts – claim the opposite. Thank you for your attention.
🔴 Translated by Simon Pirani, 30 April 2026
🔴 Note. “Mashina Vremeni”, formed in 1969 and still going, is a Soviet, then Russian, rock bad with longevity comparable to the Rolling Stones. “Battle With The Idiots” is a popular name for the song, released in 1978, whose formal title is “Day of Wrath” (“Den’ Gneva”)
🔴 More about Aleksandr Nesterenko by Memorial: Support Political Prisoners
🔴 For more about all Russia’s political prisoners, look first at the English-languages pages of Memorial: Support Political Prisoners, Mediazona, OVD-Info,Solidarity Zone and The Last Word. Ukraine’s prisoners in Russian prisons are supported by Zmina, the Kharkiv Human Rights Protection Group, the Crimean Human Rights Group and others.
🔴Try Me For Treason, the film.























