Case against Kuban pensioners-underground fighters transferred to military court

The Uspensky District Court of the Krasnodar Territory did not pass a sentence on Nikolai Nabiev, Sergey Kuzovenko, and Marina Zakharova, accused of creating an illegal armed formation (IAF), and transferred the case to the Southern District Military Court for consideration.

On June 6, the Uspensky District Court of the Krasnodar Territory was to pronounce the verdict in the criminal case against Nikolai Nabiev, Sergey Kuzovenko, and Marina Zakharova. The criminal case has provoked a wide public outcry. All of the defendants have been accused of creating an illegal armed formation (IAF). However, the judge did not pass a sentence, but transferred the case to the Southern District Military Court of Rostov-on-Don, adding the motive of “committing a crime for the purpose of terrorist activity” to the qualification of the charges.

More than a dozen citizens came to the Uspensky District Court to express their support for the defendants when the verdict was to be pronounced. Among them were Alevtina and Nadezhda, daughters of Nikolai Nabiev and Sergey Kuzovenko, respectively. Not a single listener was allowed into the courtroom. “Even if the court hearings on the case were held behind closed doors, the law directly states that the verdict must be pronounced publicly,” an advocate of one of the defendants explained to the “Caucasian Knot” correspondent.

The court’s decision came as a surprise to all participants in the trial. After two years of proceedings and final defence statements, when the criminal case was supposed to end with the pronouncement of the verdict, the judge announced a new interpretation of the motives for the crime: now the pensioners are accused of actions committed “for the purpose of terrorist activity.”

As the advocates have noted, the law does allow the court to resume the trial if new circumstances are revealed in the deliberation room. However, in this case, according to the defence position, the addition of the terrorist motive is not a “new” circumstance, since it was already included in the indictment. Moreover, according to Article 237 of the Criminal Procedure Code of the Russian Federation, if new circumstances are revealed, the court is obliged not to transfer the case to another court, but to return it to the public prosecutor for additional investigation.

The Russian law provides for that cases against civilians may be considered by military courts only if there are charges of terrorism or extremism. In fact, adding the terrorist motive automatically made such a transfer possible. However, the defence of the accused emphasized that such a motive in itself was not properly substantiated during the investigation and trial.

“Our clients are elderly people who have already spent three years in custody, including a year of investigation. The state of their health is deteriorating, and the prospect of another protracted trial in the military court raises serious concerns,” the defenders told the “Caucasian Knot” correspondent.

The relatives of the accused still have a hope for the fair trial. “We believe that the military court will deal with the matter fairly,” states Nadezhda, a daughter of Sergey Kuzovenko.

The advocates considered the court’s refusal to pass a sentence as an expression of unwillingness to bear responsibility for a knowingly unfair conviction.

This was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on June 7, 2025 at 03:12 pm MSK. To access the full text of the article, click here.