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Case against Russian femactivist Yulia Tsvetkova drags on

Government has deemed her a ‘foreign media agent’

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Facing a potential sentence of six years in a Russian penal facility and just recently categorized as a “foreign media agent” by the Russian government, 29-year-old feminist and artist Yulia Tsvetkova remains undaunted.

Authorities in this medium-sized city in the Russian Far East have been actively investigating and targeting Tsvetkova since 2017 after she posted nude drawings in a social media group of herself and others along with artwork supporting Russian LGBTQ people on VKontakte (VK.com) the giant Russian social networking platform.

She is charged with “production and dissemination of pornographic materials” (Article 242 (3b) of the Russian Criminal Code) for her body-positive drawings of vaginas on VK.com.

In addition Russian authorities have also been fined Tsvetkova 50,000 rubles ($936.77) for being the administrator of an LGBTQ Facebook page, and 75,000 rubles ($1,405.15) for a drawing depicting two same-sex couples with children. This month, the Russian Justice Ministry added her to the register of foreign media agents, in part for her work supporting LGBTQ people.

This translates as: “Family is where the love is- support LGBTQ families!”

In an interview with journalist Nina Nazarova from the BBC Russian Service, so far, Tsvetkova said she has not received any official notification from the Justice Ministry regarding her inclusion in the register of foreign media agents.

“I don’t plan to take active steps myself to get registered, to make an insane and useless legal entity,” Tsvetkova told the BBC. “A lot depends on whether I end up in prison in the next month.

Her mother who she lives with, Anna Khodyreva, who is her unrelenting advocate, posted on her Facebook page about the designation.

“I am the mother of a foreign agent, and am very proud of this,” she wrote, using the Russian shorthand “inoagent,” which has entered the vernacular.

Tsvetkova was first investigated in 2017, but according to the BBC everything has changed since November 2019 when Tsvetkova became a defendant in five trials and, in fact, was locked up in Komsomolsk-on-Amur.

She was arbitrarily first detained on Nov. 20, 2019, and remained under house arrest until March 16, 2020. There were delays in the trial proceedings that were marked by a continuing investigation by the Federal Security Service at the behest of Boris Viktorovich Kononenko, the chief prosecutor of Komsomolsk-on-Amur.

A video released on YouTube on June 15, 2020, by author, activist and artist-writer Nicole Garneau details an overview of the case against Tsvetkova:

In August 2020, the Kulturfabrik Moabit in Berlin hosted an exhibition in solidarity with Tsvetkova. The exhibition was visited by about 300 people.

Courtesy of Kulturfabrik Moabit in Berlin, Germany

Independent political journalist Matt Baume, writing for Them magazine reported last April this isn’t the first time that Tsvetkova has faced scrutiny under Russia’s discriminatory laws, however. In 2019, she directed a play criticizing gender stereotypes entitled “Blue and Pink” at Color of Saffron festival, an art fair for children in Komsomolsk-on-Amur, and authorities reportedly forced the event to close in its entirety over concerns that organizers were “attempting to illegally hold an LGBT event,” according to “The Art Newspaper.”

Although the play was reportedly held for a small crowd in defiance of Russian authorities, Tsvetkova has been fined under the “propaganda” ban twice. She was forced $780 in 2019 for running an online support group for LGBTQ people and $658 last summer for a drawing that depicted loving same-sex families.

Speaking with the BBC Tsvetkova noted that the basis for the criminal charges stemmed from the public posts in the “Vkontakte” group “Vagina Monologues”, which was dedicated to feminist art and body positivity: It laid out artistic images of a naked female body.

The pictures of Tsvetkova herself, in particular, depicted women with wrinkles, stretch marks and body hair. Each of the drawings was signed with the phrase “Living women have …” and ended with the words ” — and that’s fine!”

Tsvetkova’s posts from VK.com

Russian independent media outlet Novaya Gazeta reported that Dmitry Oblasov, the FSB regional head spurred on at the request of the chief prosecutor of Komsomolsk-on-Amur. wrote a letter to Victoria Tregubenko, commissioner for Children’s Rights in the Khabarovsk Territory, asking the commissioner to study the content of Tsvetkova’s social networks for criminal violations.

The intent was to see that if in addition to the alleged penal code violations for production of pornography, provisions of the federal anti-LGBTQ “propaganda” law had also been violated because of her advocacy for Russian LGBTQ people.

The criminal case by the Central District Court of Komsomolsk-on-Amur began in earnest in the spring of 2021. While criminal case endlessly endured delays and drags on, a civil case against a Russian right-wing extremist media outlet brought by Tsvetkova and her mother over use of video of the initial FSB raid on her house in 2019 that was leaked by FSB officers was lost and the women found themselves being forced to pay 180,000 rubles ($3372.37) to that media outlet — allegedly for “defamation.”

The criminal proceedings against Tsvetkova, who faces up to six years in prison, are closed to the press and public.

The trial against Tsvetkova is coming to an end. On June 14 the prosecution requested a jail term of three and a half years for “production and dissemination of pornography” for her VK.com posts.

The final hearing is expected to take place on July 12 according to Amnesty International. Tsvetkova will make her final statement and the sentence will be handed down shortly after.

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Russia

Transgender journalist who enlisted in Ukrainian military designated a terrorist by Russia

Sarah Ashton-Cirillo is from the US

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Sarah Ashton-Cirillo in D.C. on May 19, 2023. (Washington Blade photo by Michael K. Lavers)

A transgender journalist from the U.S. who enlisted in the Ukrainian military has been designated a terrorist by Russia.

“The Kremlin added me to Russia’s official international terrorism list,” wrote Sarah Ashton-Cirillo in a Feb. 5 post on her X account.

Russia launched its war against Ukraine on Feb. 24, 2022. 

Ashton-Cirillo was a journalist when she began to cover the Armed Forces of Ukraine’s Kharkiv Defense Forces. She later enlisted and is now a junior sergeant. Ashton-Cirillo has also traveled to the U.S. several times on behalf of the Ukrainian Defense Ministry.

Shrapnel from a Russian artillery shell wounded Ashton-Cirillo last February while she was working as a senior combat medic in a trench near Kreminna, a city in eastern Ukraine. 

“For Russia to name me as an officially sanctioned terrorist is laughable enough, however what was truly indicative of the hate coming from the Kremlin’s regime was that every press release and article in Russia about my being placed on Putin’s terrorism list was prefaced with the fact that I am trans,” Ashton-Cirillo told the Washington Blade on Friday. “The Russian government is genocidal and hate ridden and this is why it will collapse.” 

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Putin signs law banning transition therapy and surgery in Russia

Lawmakers approved measure earlier this month

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Russian President Vladimir Putin in July 2023. (Photo courtesy of the Russian government/Office of the Russian President)

Legislation that will effectively ban the existence of transgender Russians was signed on Monday as expected by Russian President Vladimir Putin.

The new law, which takes effective immediately, was passed earlier this month by the State Duma, the lower house of the Russian Parliament, and then last week by the Federal Council, which is its upper body.

The law now bans Russians from changing their gender on official government identity documents including internal and external passports, driver’s licenses and birth certificates, although gender marker changes had been legal since 1997.

Medical healthcare providers are now banned from “performing medical interventions designed to change the sex of a person,” including surgery and prescribing hormone therapy.

The law, which human rights organizations have labeled draconian and barbaric, also bans individuals who have undergone gender reassignment from adopting children and annuls marriages in which one of the partners is trans. 

LGBTQ activists have warned that the law will lead to a further increase in already high rates of suicide and suicide attempts among trans Russians. Worse, say sympathetic physicians and trans rights advocates, it will foment an underground market for surgeries and medications, which are dangerous as unproven drugs or outright fake drugs may cause irreparable harm.

LGBTQ activists also said that this law will lead to an increase in attempted suicides among trans youth unable to access medical care.

“The way how these people see their future is collapsing,” Yan Dvorkin, the head of Center-T, a group that helps trans and nonbinary people in Russia, said in an interview with The Moscow Times earlier this month. 

During debate over the law, Deputy Duma Speaker Pytor Tolstoy, a co-sponsor of the legislation, pointed out that banning the “practice of transgenderism” was in the interest of national security.

The diagnosis of “transsexualism,” he added, refers to gender identity disorders and is the basis for recognizing a citizen as unfit for military service. In addition, “we must not forget that by changing the sex of one of the partners, a homosexual couple gets the right to adopt a child. Unfortunately, there are already such cases in Russia,” he said.

LGBTQ and human rights organization ILGA-Europe issued a statement condemning the actions of the Duma and offered support and solidarity with the Russian trans and queer communities.

“We firmly assert that such legislation flagrantly violates fundamental human rights standards and principles.

ILGA-Europe firmly believe in the inherent dignity and equal rights of all individuals, regardless of their gender identity or expression. International human rights standards, including the Universal Declaration of Human Rights, emphasize that everyone has the right to self-determination, privacy and the highest attainable standard of physical and mental health. Denying trans and gender diverse individuals access to trans-specific healthcare and legal gender recognition blatantly disregards the international human rights framework,” ILGA-Europe wrote.

A young woman who only identified herself to Russian freelance journalist Sergei Dimitrov by the name Elena, told him in an interview in St. Petersburg earlier this month:

“There is no safety anymore, soon they will openly hunt us like swine, we no right to exist they say,” she said.

The young woman also said that since the latest passage of laws including expansion of the Russia’s “gay propaganda” law to include adults last December, coupled with the crackdown by the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media, abbreviated as Roskomnadzor, on any websites and on popular phone apps that cater to LGBTQ people, she has now begun efforts in earnest to leave the country.

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Transgender and gender diverse rights in Russia deteriorating rapidly

Lawmakers on Tuesday expected to give final approval to gender transition ban bill

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Russian President Vladimir Putin signs legislation this past Spring. (Photo courtesy of the Office of the President/Russian government)

In a scene eerily reminiscent of a 1960’s cold war era novel, the young woman sat nervously at the outside table of the café not far from the museum district and main railroad station in St. Petersburg, chain smoking French Gitanes and toying with the food on her plate in front of her. She kept nervously glancing around as if she expected to suddenly be swept up in a secret police raid.

The primary cause of her anxiety and discomfiture she explained to the journalist sitting across the table from her, was that as a transgender woman, she felt threatened and afraid. Unable to continue to live in her native region in the Sverdlovsk Oblast, [region] in the Ural mountains she had moved first to the Russian capital of Moscow. Then as tensions rose over the treatment of LGBTQ Russians she fled to St. Petersburg.

“There is no safety anymore, soon they will openly hunt us like swine, we no right to exist they say,” she told Russian freelance journalist Sergei Dimitrov.

The young woman who only identified herself to Dimitrov by the name Elena said that since the latest passage of laws including expansion of the Russia’s “gay propaganda” law to include adults last December, coupled with the crackdown by the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media, abbreviated as Roskomnadzor, on any websites and on popular phone apps that cater to LGBTQ people, she has now begun efforts in earnest to leave the country.

Last week the lower house of the Russian Parliament, colloquially referred to as the State Duma, passed on its final reading a bill that would outlaw gender transitioning procedures in Russia. The measure now heads to the Federation Council, or upper House where it is expected to pass in the scheduled vote on Tuesday and then transmitted to Russian President Vladimir Putin for his approval and signature which is expected.

State Duma [Parliament] Deputy Speaker Pytor Tolstoy, a co-sponsor of the legislation, pointed out that banning the “practice of transgenderism” was in the interest of national security. 

The diagnosis of “transsexualism,” he added, refers to gender identity disorders and is the basis for recognizing a citizen as unfit for military service. In addition, “we must not forget that by changing the sex of one of the partners, a homosexual couple gets the right to adopt a child. Unfortunately, there are already such cases in Russia,” he said.

The proposed law would bar Russians from changing their gender on official government identity documents including internal and external passports, driver’s licenses, and birth certificates, although gender marker changes had been legal for 26 years since 1997.

Medical healthcare providers would be banned from “performing medical interventions designed to change the sex of a person,” including surgery and prescribing hormone therapy.

In a floor speech prior to the vote last month after the measure’s first reading, Tolstoy blamed the West for what he deemed a profitable medical industry:

“The Western transgender industry is trying in this way to seep into our country, to break through a window for its multi-billion dollar business,” Tolstoy said. Then he claimed there is already a developed network of clinics in Russia, “it includes trans-friendly doctors and psychologists, and all this operates with the active support of LGBT organizations. However, in the past six months they have changed their names to more, perhaps harmless ones,” he said inferring that the recent expansion of the country’s law banning LGBTQ propaganda was somehow responsible for those changes.

Deputy Speaker of the State Duma Pytor Tolstoy speaking during a session of the Duma. (Photo courtesy of the Russian government/Duma)

According to Tolstoy, gender reassignment surgery is “a very profitable area of ​​medical services. And it’s understandable why a number of doctors defend this area so fiercely, hiding behind academic knowledge, including those obtained abroad while studying in the United States and other countries,” he said, “running into” Western medical education.

Provisions to the bill in its second reading, approved on Thursday, also ban trans people from adopting or fostering children, and force them to annul their marriages if one of the couple subsequently changes gender.

LGBTQ and human rights organization ILGA-Europe issued a statement condemning the actions of the Russian Duma and offered support and solidarity with the Russian trans and queer communities. 

“We firmly assert that such legislation flagrantly violates fundamental human rights standards and principles.

ILGA-Europe firmly believe in the inherent dignity and equal rights of all individuals, regardless of their gender identity or expression. International human rights standards, including the Universal Declaration of Human Rights, emphasize that everyone has the right to self-determination, privacy, and the highest attainable standard of physical and mental health. Denying trans and gender diverse individuals access to trans-specific healthcare and legal gender recognition blatantly disregards the international human rights framework,” ILGA-Europe wrote.

Sympathetic physicians and trans rights advocates have warned that the ban is poised to create a black market for hormone substitutes, some of which likely will be dangerous and lead to an increase in attempted suicides among trans youth unable to access medical care.

ILGA-Europe’s statement also warned: “Furthermore, the bill invalidates all certificates of legal gender recognition for individuals who have undergone transition-related surgery but not yet changed the gender marker in their passport. This is a violation of their right to privacy, places trans people in legal limbo, and creates unnecessary burdens on trans people, forcing them to disclose their private and medical history and exposing them to discrimination, harassment and violence.”

According to Dimitrov, that particular provision of the legislation is specifically applicable to Elena, who while having completed transition-related surgery has been unable to get the gender marker changed on her documents, which with the current war in Ukraine has further complicated her life. 

She told Dimitrov that demands for her to present herself for required military service, under her former name and gender, was yet another reason she had fled. Now she says, she is trapped and unable to legally leave, entertaining the option of illegally entering the EU and asking for asylum, most likely to neighboring Latvia, or Estonia. 

Independent news outlet Mediazona reported in February 2023 that the number of passports issued due to “gender change” has more than doubled in 2022 compared with two years earlier — from 428 in 2020 to 936 last year, according to Russia’s Interior Ministry.

In justifying the provision, lawmakers cited concerns that men are using the relatively simple procedure of changing gender in official documents to dodge the military draft.

Another point was raised by a lawmaker who asked what to do with 3,000-plus trans people who have already managed to change their gender and documents. Tolstoy responded noted that the law does not have retroactive effect.

State Duma Speaker Vyacheslav Volodin called gender transitioning “pure satanism.”

Duma Speaker Vyacheslav Volodin standing at the podium calls for the first vote on the proposed law to ban gender-affirming surgeries in Russia (Photo courtesy of the Russian government/Duma)

Akram Kubanychbekov, a senior advocacy officer for ILGA-Europe, this past week sent out a “dear colleagues” request for assistance detailing specific needs and actions that will be crucial to assisting trans and gender diverse Russians.

Kubanychbekov wrote: 

“Discrimination, violence and the enactment of oppressive laws have made it increasingly unsafe for trans people to live their lives authentically and without fear. In light of these circumstances, we have reached out local trans organizations to ask them of support trans community need at the moment.”

“To address the urgent needs of trans people who wish to leave Russia, there is a need in facilitating support for broadening the criteria for humanitarian visas. By expanding the eligibility criteria, we can ensure that those facing persecution and threats to their safety have a viable pathway to seek refuge in other countries. It is crucial to work together to advocate for this change with governments at the national level to extend our support to trans people seeking a safer environment in safer countries.”

“In addition to humanitarian visas, trans organizations [inside Russia] asked to assist in securing multi-entry, long-term (preferably Schengen) visas for activists, who will continue their important work within Russia but may need to swiftly leave in case of escalating danger. By facilitating the necessary visa support, activists are enabled to carry out their vital work with the knowledge that they have an emergency exit if required.”

“We would like to encourage you to stand in solidarity with the local trans organizations in Russia and support their requests.”

Political fallout

Yulia Alyoshina, the country’s first trans politician, had made plans this past year to run for governor of Russia’s Altay region, an area bordering the former Soviet republic and now independent nation of Kazakhstan.

Yulia Alyoshina (Photo courtesy of Yulia Alyoshina)

Alyoshina, who had been the head of the regional Civic Initiative party, resigned her post after Putin signed the expanded anti-LGBTQ law last December. With gubernatorial elections set for this September in the Altay region, party officials had urged her to consider running.

Alyoshina says she didn’t expect anyone in the Civic Initiative party to suggest that she run in the gubernatorial elections. But she figured “well, why not” and agreed. “I’m sure that the fact that I was born in a different body is not as important to voters as my honesty, integrity, and sincere desire to make my native land better,” she told Russian media outlet Novaya Gazeta Europe.

On the topic of Russian society’s relationship to trans people, Alyoshina told Novaya Gazeta Europe the current political climate is quite bad. She described losing supporters after the Duma passed and Putin signed the anti-LGBTQ laws last December. She thinks people have been influenced by the authorities’ rhetoric on “LGBT propaganda.”

In another interview with Russian language media outlet, Meduza, which the Putin government banned in January 2023, Alyoshina reflected on the effects of the bill. She told Meduza that her medical transition took about a year and a half. There were no private clinics in her region where should could go for gender care services, so she was seen at a state psychiatric hospital. It took another year and a half after she was first seen to get a certificate for changing gender markers [on legal documents.]

In a phone interview with the Moscow Times just prior to the Duma’s impending vote, Alyoshina confirmed the post she had made on her Telegram channel that she had abandoned her effort to campaign as a gubernatorial candidate.

“I was told by municipal deputies and village heads that the [gender reassignment ban] bill was being considered and that they couldn’t give me their signatures,” Alyoshina told The Moscow Times.

“They told me: ’How can we publicly support a transgender person if the State Duma prohibits transgender people in Russia?” she said.

“By putting our signatures in your support, we will go against the country’s policy, and we have families and children, we don’t want to fall under repression,” Alyoshina quoted the deputies as telling her.

Alyoshina said she was weighing “various options” for her future, but said she would wait for the passing of the gender reassignment law.

“I’m not ready to dive into [my future plans] until the legislation is passed,” she said.

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