By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – On Wednesday, a Moscow City appeals court upheld the convictions of punk band Pussy Riot members Maria Alekhina, 24, and Nadezhda Tolokonnikova, 22, and releasing their band mate Yekaterina Samutsevich, 30.  Alekhina and Tolokonnikova’s convictions for hooliganism motivated by religious hatred and sentences of two years in prison were maintained by the court.  Samutsevich’s sentence was suspended because she was prevented from actual participation in the acts ruled hooliganism.

The three women were arrested and charged after a protest on February 21 in which five members of Pussy Riot entered Moscow’s Russian Orthodox cathedral, snuck into a restricted area in front of the iconostasis, and for about a minute performed  their song, “Virgin Mary, Get Putin Out” before they were removed by security.  Two members of the band have fled the country.

Samutsevich, as her lawyer argued before the appeals court, did not have time to remove her guitar from its case before she was escorted out of the cathedral by guards, and therefore did not participate in the performance.

On August 17, after a trial in which the defense was permitted to call no witnesses, the prosecution did not question the defendants, and the defendant’s words were often objected to by the judge, according to The Guardian, Moscow’s Khamovnichesky District Court handed down its decision of guilty.  Samutsevich, Alekhina, and Tolokonnikova were sentenced to 2 years in prison.

Outside of Russia, the imprisoned women have received much support, including being on the short list for the Sakharov Prize.  According to the BBC however, within Russia 43% of those polled found the sentence to be too lenient.

On Sunday, Russian President Vladimir Putin asserted “It was right that they were arrested, and the court’s decision was right.”

During appeal, Samutsevich replaced her lawyer with Irina Khrunova, who once represented jailed former Russian oil businessman Mikhail Khodorkovsky.  Khrunova argued that Samutsevich had committed only an “unfinished crime” or “inchoate crime” and therefore should receive a lighter sentence.

Alekhina and Tolokonnikova also pled for leniency on the grounds that each is the mother of a small child.

Although they maintain that their protest was political in nature, and were not motivated by religious hatred, the women have apologized if they offended anyone.  “If we unintentionally offended any believers with our actions, we express our apologies,” Samutsevich said in court Wednesday.

This echoes Alyokhina’s assertion in August, “Dear believers, we didn’t want to offend you,” she said. “We went into the cathedral to issue a protest against the fusion of the spiritual and political elite of our country.”

Samutsevich’s release was met with excitement.  She hugged her band mates, who smiled and tearfully said goodbye to her before she was led out the courtroom and quickly whisked away from the media.

Samutsevich will be on probation for two years, during which time she cannot change housing without notifying authorities, must report to authorities once a month, and cannot participate in any similar performances, or she will be sent to prison.

However, Samutsevich has vowed that she will not be silent: “Of course we are not finished, nor are we going to end our political protest.”  She also claimed the verdict had been influenced by the president.  “You can see the flaws of the judicial system in Russia.  It depends very much on the opinion and the stance of the President.”

The appeals court took the unusual step of publically defending its decision.  The court claimed that Alekhina and Tolokonnikova remained in prison because they are a threat to society, and Samutsevich was freed due to her “level of participation.”

Alekhina and Tolokonnikova’s lawyers will file supervisory appeals maintain a non-guilty plea in order to continue the appeal process.  However, the women’s sentences are effective immediately.  Their lawyers have also expressed plans to appeal to the European Court of Human Rights in Strasbourg.

Within ten days of receiving the judge’s written decision Alyokhina and Tolokonnikova will be moved to a yet undetermined prison to serve their sentences.  Their lawyers moved to have the women serve their sentences where they have been since March so that their families could communicate with them; however authorities refused this request, according to RT.  According to the Guardian, the two are likely to be separated.

For more information, please see:

The Independent – ‘We’re not going to stop’: No let-up for Putin from freed Pussy Riot member – 12 October 2012

BBC News – Pussy Riot case: One defendant freed in Russia – 10 September 2012

The Guardian – Pussy Riot member freed as two bandmates face exile to prison camp – 10 October 2012

Human Rights Watch — Russia: Justice Fails at Pussy Riot Appeal – 10 October 2012

The Moscow Times – One Pussy Riot Member Freed by Moscow Court – 10 October 2012

The New York Times – Moscow Court Frees 1 of 3 Pussy Riot Members – 10 October 2012

RT – Pussy Riot member released on probation, sentence upheld for 2 others – 10 October 2012

The Guardian – Putin says Pussy Riot ‘got what they asked for’ as jailed women appeal – 8 October 2012