Public evidence from 2022

What was public before the act

Four dated events, all publicly accessible before there were any proceedings. Including the post referred to in the Russian Federation’s statement before the OSCE — in full, with my explanation of it.

What was public before the act

The judgment of 22.07.2024 explains the motive for the act by saying that my protest had not brought ‘the attention not previously received’. This page sets against that what was publicly accessible in the preceding months — under my name, dated and available to read at any time.

I show the posts in full, including where they harm my case. Anyone wishing to check whether material has been selected should have the whole text before them.

The fire in my vehicle — reported by a third party

On New Year’s night, my Smart burned in the courtyard outside my son’s window. On 2 January 2022, the journalist Sergej Zolovkin publicly reported it and expressly placed the incident in the context of my activities: demonstrations opposite the Bundestag, at the Russian embassy and outside the courthouse in the Tiergarten murder proceedings. He asks whether it was a ‘gift from the Kremlin’s Father Christmas’.

Why this matters: The vehicle fire is therefore not merely my own account. A third party publicly documented it on 02.01.2022 — eleven months before my arrest, at a time when there were no proceedings and no defence position for which anything could have been constructed.

The investigation into this fire was discontinued. Whether and when it was discontinued, I still know only from an oral statement at the trial; I have never received a written decision. I request that the file on this matter be obtained. The indictment lists it as documentary evidence: the final report by LKA 121 of 08.02.2022 on an arson attack on several vehicles, including my Smart.

The route I proposed: a criminal complaint

A few weeks after the war began, I publicly called for a legal group against Kremlin propaganda — together with German lawyers. The post identifies the legal basis, division of work and a contact address.

Post about forming a legal group against Kremlin propaganda, referring to § 80a StGB
Public post, spring 2022. It identifies § 80a StGB, the collection of evidence, a request to the police and public prosecutor’s office to open criminal proceedings, and a contact address.
This is the core of my defence on the question of motive. My method was a criminal complaint, not violence. Someone building a legal apparatus — with a legal basis, collection of evidence, division of work and a contact address — does not at the same time resort to incendiary devices. This is precisely the approach the judgment did not assess.

The photographs of the house on Lepsiusstraße — and the post about it

On 2 March 2022 I drove to the building and took photographs. This is undisputed: a resident spoke to me, photographed me in my vehicle, and that photograph is listed in the indictment as an object of visual inspection. I myself stated this during my questioning on 13.09.2022 — at that time still as a witness.

Street view of the building on Lepsiusstraße, photographed on 2 March 2022 from the opposite side of the street
One of the photographs of 02.03.2022, taken from the public street.

On 3 March 2022 I published them. Here is the post in full:

Facebook post of 3 March 2022 about the building on Lepsiusstraße, full text
Post of 03.03.2022, public, on my personal page.
My explanation of this post

I published it on my personal page, under my name, without any reference to Unkremlin e. V. The prosecuting authority also describes it as a post on my ‘personal Facebook page’.

The subject was ownership. According to the cadastral records, the building belongs to the Russian Federation. My demand was and remains that Russian state property in Germany be transferred for the benefit of Ukraine. This is why the post names two people: the lawyer Yuri Shulipa, whom I expressly ask to develop a legal procedure for this, and Aslan Arzuev, a lawyer of Chechen origin practising in Germany.

The sentence at the end, in which I say the address should be noted, was directed to these two addressees and meant noting a property for such proceedings. It was not a call to unknown third parties, still less a call for action against people. I now see that the wording could be misunderstood, and I would word it differently today.

I publish the post here in full, including that sentence. Anyone citing the Russian Federation’s statement before the OSCE of 8 April 2022 against me should be able to read the text to which it refers.

Two circumstances are relevant to the assessment. First: after the war began, the property was repeatedly covered by the German press, which described it as an ‘agents’ villa’ and ‘Putin’s propaganda headquarters’ — that is what the indictment says. The public identification of the property therefore did not come from me alone. Second: six people lived in the house, including a child. This changes nothing about my innocence regarding the device, but it rules out any inflammatory wording, and I refrain from such wording.

On the photographs on my mobile phone. The judgment states that photographs of the building were found on my phone. That is correct — they are the photographs of 02.03.2022, which I published on 03.03.2022 under my name with the location identified. By the time they were found, they had been publicly accessible for over seven months. Someone preparing a covert act does not publish the photographs seven weeks beforehand under their own name.

The observation at the Congress of People’s Deputies

On 4 November 2022, I travelled as a guest to the first Congress of People’s Deputies in Jabłonna near Warsaw. According to organisers and participants in the forum, a person openly observed me there. On 12 November 2022, I publicly described this and posted a photograph of that person, asking whether anyone recognised them. Seventeen participants are tagged in the post.

The photograph is not shown here. This is an unidentified private individual. Publishing them with a recognisable face while expressing a suspicion would interfere with their rights, and I do not do so — even though the 2022 post is public. The photograph exists and is available to the investigating authorities.

After returning, I informed the Staatsschutz (state security police), handed over my vehicle for examination and supplied a photograph of the suspect. The officer responsible confirmed the seriousness of the situation at the trial. Nevertheless, no investigation was opened.

Why the date matters: This post is dated 12.11.2022 — a month before my arrest on 14.12.2022. It is therefore not part of a defence that did not yet exist, but a contemporaneous public record. The matter is set out in detail in part 8 of my supplement to the grounds of the appeal on points of law (Revision) (Full text) and in the dossier on the prosecutor representing the prosecution at trial, point 3a.

The cell-site records in part 8 of my supplement are incorrectly dated

In part 8 of my supplement to the grounds of the appeal on points of law (Revision), I listed six registrations of my vehicle in the Lepsiusstraße cell and presented them as visits before the period of the act. The indictment gives different dates for the same six registrations:

According to the indictment
19 April 2022, 20:36–21:00
22 April 2022, 22:32–22:55
23 April 2022, 15:39–15:58
24 April 2022, 00:15–01:19
24 April 2022, 07:18–07:50
1 May 2022, 18:10–18:31

Two of these registrations fall in the night when, according to the indictment, the device is said to have been placed, and in the following morning hours. My account in part 8 was incorrect in this respect, and I correct it here.

What remains unchanged: a cell registration establishes that a device was in a sector spanning several hundred metres. It does not establish the presence of a particular person or any action. But the facts are what they are, and I set them out as they are.

I correct this point even though it harms my case. This documentation is only as valuable as its accuracy. Anyone examining it should learn of the correction from me, not from the other side.

Sources for this page

  • Facebook posts, public, with dates provided by the platform.
  • Public post by Sergej Zolovkin of 02.01.2022.
  • Indictment by the Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office) for the serious-crime trial court of 20.06.2023, file reference 176 Js 4/22 — particularly the sections on objects of visual inspection, identification of the person and cell-site records.
  • Parts 1 and 8 of the supplements to the grounds of the appeal on points of law (Revision), declared on the record at the court registry.

The photographs of the building show the street view from public ground. No people are depicted.