Tverskoy district court
the Second cassation the court of General jurisdiction in Moscow, returned on new consideration in Moscow city court the case of 34-year-old programmer Konstantin Kotova, who was sentenced to 4 years in prison for participation in four peace protests “Dudinsky article” (article 212.1 of the criminal code). The Prosecutor’s office requested to reduce the term to years in prison, the lawyers insisted on cancellation of a sentence and release Kotova. In addition, the Ombudsman Tatyana Moskalkova asked to reconsider the sentence, writes “the Media”.
the Meeting was conducted by the three judges – Elena Vasilieva, Igor Spiders and Lenar of Galiev. To support Kotov came to the court, convicted in the “Moscow case” Samariddin Radjabov, municipal Deputy and the journalist “the New newspaper” Ilya Azar, two priests.
the Prosecutor Samoilov read out their own idea. In it, he briefly recounted, when and what charges condemned Kotova, a history of filing different complaints, the arguments of counsel – that the actions of the activist did not represent public danger, and protection have restricted the presentation of evidence in the appeal. Prosecutors raised the question about the change in punishment is due to excessive severity. The Prosecutor pointed to the fact that the punishment is close to as strict as possible.
took attorney Smith. She believes that the courts have correctly established in the proceedings, but incorrectly identified the penalty the cats. The representative of the Supervisory authority also noted that although the action Kotova pose no threat to anyone, in front of one of the actions the officer warned him about criminal liability.
It is said that the court of first instance did not sufficiently take into account the identity of the Kotov – that he doesn’t judge and helps parents and did not take into account the lack of aggravating circumstances.
a representative of the Ombudsman Tatiana Moskalkova addressed the situation about what to bring to criminal responsibility under article 212.1 only if the violation of the order of the campaign “has caused damages or a real threat of harm to the health of citizens, property physical or legal persons, environment, public order, public security or otherwise protected constitutional values.”
“the actions of the cats wore, although illegal, the nature of the protest”, but still was peaceful, he said.
the Latter was made by the defenders. Lawyer Maria Eismont said that what happened to Kotov – “a monstrous failure of justice system”. She noted that cats were attracted to those parts of the article 20.2 of the administrative code (violation of order of carrying out of public events), which, in the opinion of the constitutional court (CC), did not threaten anyone.
In the determination of the appeal reads that the Cats involved 10 August the event, which was attended by about a thousand people, and that alone could cause a violation of the rights of other citizens. According to Eismont, the decision of the COP States that any mass action can cause discomfort to those not involved.
In her opinion, the decisions of the courts “is so flawed that it is not subject to any cosmetic change – they can only cancel”.
the Lawyer concluded: citizens deserve courts that use the Constitution as it is written. She demanded to cancel the verdict of “38-second defile” (so much time has passed from the moment of occurrence Kotova shares before his arrest by the police) and the immediate release of her client.
Lawyer Alkhas of Abgajava added: “I think we all have foldedI have a feeling that this thing is something wrong. As, indeed, with the country.” His words caused the clapping and approving smile in the hall.
one of the 13 defenders Kotova Eldar Geros said, “I do not understand why we have once again so many lawyers trying to explain that two and two make four, that COP decisions are obligatory for execution”.
He asked himself, who gave investigators and judges power to ignore the Constitution of the Russian Federation. “The attempt of the prosecution to pull the ears of their position to the COP decision that seems like a lot of people poses a threat… But we do responsibility – individual,” said Garos.
Lawyer Anastasia kostanova compared the terms under article 212.1 of the criminal code with others, for example, causing harm for which the punishment is milder, and the Cats just went from point a to point B and didn’t threaten anyone. “Can anyone understand why for a crime that carries the harm, the legislator assigns a punishment lower than for repeated repeated peaceful actions?” – asks kostanova.
Lawyer Alexander Pigolkin noted that the 2nd court of cassation has demonstrated integrity, determination in writing addressed to the chair of Moscow city court Olga Yegorova. He was asked to make a determination to the judge of the Tver court Stanislav Minin, who “in terms of shock” considered the case and appointed Kotov 4 years in prison and the judge of the Moscow city court Nina Sharapova, who has left the sentence in force.
Constantine Himself Kotov, speaking via video link, said that his case would have collapsed if not for the desire of the government to punish someone for actions: in the end, the Investigative Committee did it “with persistence, worthy the best application.” According to the activist, the current court may interrupt the “absurdity” of the case. However, he stressed that the trial “absurd” is in Russia has systematic character, mentioning as an example, and “Penza thing.”
Cats reminded about the “New grandeur” on the defendant Anna Pavlikova he married. According to the activist, “only guilty man” in this case, provocateur, and he walks free.
Watching the torture and unfair criminal cases, the Cats and decided to “show solidarity, to scream about injustice.” This decision led him to prison. “I wish all to act in accordance with the rules of his conscience. If the conscience is in conflict with the law, the problem is the last,” he said. According to Kotova, the abolition of his sentence will be a step towards building a great future for Russia.
the Court decided to send the criminal case on new consideration to Moscow city court. While the cats chose a measure of restraint for two months in custody.