MOSCOW — One jailed member of the punk band Pussy Riot unexpectedly walked free from a Moscow courtroom, but the other two now head toward a harsh punishment for their irreverent protest against President Vladimir Putin: a penal colony.
The split ruling by the appeals court Wednesday added further controversy to a case that has been seized upon in the West as a symbol of Putin's intensifying crackdown on dissent.
All three women were convicted in August of hooliganism motivated by religious hatred and sentenced to two years in prison. They argued in court on Wednesday that their impromptu performance inside Moscow's main cathedral in February was political in nature and not an attack on religion.
The Moscow City Court ruled that Yekaterina Samutsevich's sentence should be suspended because she was thrown out of the cathedral by guards before she could remove her guitar from its case and thus did not take part in the performance.
If the Kremlin's plan was to create a rift in the trio by letting just one band member go, it didn't seem to work.
The two other defendants squealed with joy and hugged Samutsevich before she was led from the courtroom to be mobbed by friends and journalists waiting outside on the street.
Dressed in neon-colored dresses and tights, with homemade balaclavas on their heads, the band members performed a "punk prayer" asking the Virgin Mary to save Russia from Putin as he headed into a March election that would hand him a third term.
"If we unintentionally offended any believers with our actions, we express our apologies," said Samutsevich, who along with Maria Alekhina and Nadezhda Tolokonnikova spoke in court Wednesday from inside a glass cage known colloquially as the "aquarium."
Both the Kremlin and the Russian Orthodox Church would like to see an end to a case that has caused international outrage, but they would hate to be seen as caving to pressure. As much as anything, the release of Samutsevich is viewed as a reward for her decision this month to drop defense lawyers who had antagonized the Kremlin with their politicized statements.
"The idea of the protest was political, not religious," Samutsevich said. "In this and in previous protests we acted against the current government of the president, and against the Russian Orthodox Church as an institution of the Russian government, against the political comments of the Russian patriarch. Exactly because of this I don't consider that I committed a crime."
Rights groups were frustrated by the appeals court decision.
"To see these two women sent to a Russian penal colony for the crime of singing a song undercuts any claim that Putin and the Russian government have to democracy and freedom of expression," Suzanne Nossel, executive director of Amnesty International USA, said Wednesday in a telephone interview from Washington.
"It's a very cold climate for human rights in Russia right now," Nossel said.
Putin recently said the two-year sentences were justified because "it is impermissible to undermine our moral foundations, moral values, to try to destroy the country." Defense lawyers said his remarks amounted to pressure on the appeals court.
The appeal was postponed from Oct. 1 after Samutsevich fired her lawyers, a move prosecutors criticized at the time as a delaying tactic. Her father said the appointment of the new lawyer was decisive in securing the suspended sentence.
"This is a great happiness to me," Stanislav Samutsevich said. "But I feel sorry for other girls. They did not deserve such cruel punishment."
His daughter, a computer programmer and artist, said she would campaign for the release of the other Pussy Riot members.
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