Russia has stripped an anti-war activist and his family of their citizenship and made them stateless – a move that could mark a new avenue to quell dissent.
After five months of court proceedings, a judge at the Shatura City Court in the Moscow Region ruled on Monday that 27-year-old Arshak Makichyan’s citizenship was invalid along with that of his father and two brothers.
Makichyan, an environmentalist known for his lonely picket lines, has provided Al Jazeera with a copy of the judge’s ruling.
His family, who received Russian citizenship in 2004, are of Armenian origin.
“I tried to unite people and bring real change to Russia. That’s why they started this case against me and my family,” Makichyan told Al Jazeera from Germany.
“This is the price of activism in Russia. Because when you protest, you endanger your family, your friends, and that is difficult for someone in Europe or in democratic countries to understand.”
Inspired by Swedish activist Greta Thunberg, Makichyan has been campaigning for drastic measures against global warming since 2019 and has earned the title of Moscow’s “lone climate protester” for his demonstrations in Pushkin Square.
Unauthorized rallies are illegal in Russia, making Extinction Rebellion-type events a rarity.
That year, Makichyan turned his attention to the war in Ukraine and called for an embargo on fossil fuels that help fund Russia’s war effort.
According to Makichyan’s lawyer Olga Podopelova, the judge’s behavior at the last hearing was unorthodox.
“We ended the debate and the judge retired to the deliberation room at 7:05 p.m. and a few minutes later the secretary announced that the decision would not be announced today and that we would be informed by telephone the next day,” she explained E-mail.
“According to Russian law, the court is obliged to announce the decision immediately after the hearing – that is, the judge committed a very serious violation that calls into question her independence and decision-making based on her own inner convictions without influencing those of others .”
At the time of writing, the Shatura Prosecutor’s Office, which initiated the case, had not responded to Al Jazeera’s request for comment.
If Makichyan and Podopelova’s suspicions are correct, the judge’s behavior could be an example of “phone justice,” where judges are ordered over the phone to announce verdicts of specific interested parties.
The case against the Makichyan family began in June.
While officials say the protester acquired his citizenship illegally, he and other activists claim the case was politically motivated.
The case against him was initiated under Article 22 of the Citizenship Law. This alleges that the citizen provided incorrect information in his original application, which renders it invalid. He has been accused of residing at an address different from that given on his application, while other supporting documents appear to have been lost.
In the past, Russia has mistakenly revoked citizenships through bureaucratic mistakes. Moscow has also revoked the nationality of particularly dangerous criminals.
“Under normal circumstances, there would be a chance to win this case,” Podoplelova said, explaining that the Supreme Court ruled that in the case of an apparent loss of documents, as in the case of Makichyan, responsibility cannot be shifted to citizens .
“We still have opportunities to fight for Arshak and his family members’ citizenship, but there is reason to believe that the decision in his case will not be made in court.”
Despite this, Makichyan’s family wants to appeal.
“Now I’m stateless,” Makichyan said. “I don’t know if my diplomas from the Moscow Conservatory are valid at this point. I don’t know if my marriage is valid. I don’t know what that means for minorities in Russia – if they can strip people of their citizenship and confiscate their property, maybe that’s just the first step.”
He plans to meet his lawyer in Germany but said he does not want to apply for asylum.
“Germany is a great country, but it’s not my country,” he said.