the Moscow city court, having considered the second time a peace activist Konstantin Kotova, who was convicted for violations of the rules of holding mass events, again found him guilty and deserving of imprisonment – though not for 4 years, and 1 year and 6 months. Cats he maintains his innocence and intends to appeal the verdict.
“MK” repeatedly wrote about the judicial history of activist convicted under article 212.1 of the Criminal code. This boundless rezinovoe wording of the article allows to put for the term up to 5 years anyone who is more than three times in six months violates any, even the most insignificant rule of public events. All actions involving Kottova, which became the basis for excitation of criminal case, was certainly a peaceful, albeit unsanctioned. The last time in early August last year he was detained at the exit from the subway, a folded tube with a poster bag.
in the Fall of 2019 after a hasty investigation and no less hasty court previously convicted the activist was sentenced by the district court of the city of Moscow to 4 years of imprisonment. The Moscow city court as the appellate court confirmed the verdict without changes. Kotov was sent to serve his sentence in a colony in the Vladimir region. After in December, journalists were able to pay attention to the story of President Putin, who instructed the Prosecutor General to investigate the circumstances of the case. But even before his word was said by the constitutional court, where asked to convict himself, the Cats tried to challenge the constitutionality of this article 212.1.
27 Jan 2020 was published, the definition of the COP, which was a response to the complaint Kotova. Article of the criminal code to re-evaluate constitutional court judges refused, citing the fact that already explained their position in 2017, and then instructed in the application of this article hard to follow them, judges, interpretation. But in the case Kotova, follows from the definition, this interpretation was not taken into consideration, and the COP found it necessary to remind once again, in what cases it is possible to bring proceedings under this article, and in which not, and in what cases it is possible to put behind bars, and what is not.
first, to judge by 212.1 possible only in cases when violation of the rules of holding street actions “entailed causing or real threat of injury” to human health, anyone’s property, public order and public security. A serious and real threat are, for example, “provocative appeals” to the violation of the law, “aggressive rejection” requirements of police officers, “the use of masks or other means to conceal the face.” The fact that the unauthorized action, such a threat is not itself – if it was peaceful.
And second, reminded of the COP, the courts must remember that the limited��amount of pedestrian traffic and interference with transport – “the cost of freedom of peaceful Assembly”, in and of themselves are not a threat, too. If the defendant did not have the piercing or cutting objects, or other items that can be used as weapons as well as explosives, smoke bombs, or, God forbid, bottles with “Molotov cocktail”, the courts are recommended to be limited to punishment not related to deprivation of liberty, the benefit of the article 212.1 a lot of them – from fines to compulsory work.
Sentence Kotov KS ordered to reconsider. Having studied the text of the definition was to be expected that cats will find a complete justification, and in the worst case for it is freedom and the punishment with a fine.
Then came the state office of public Prosecutor: she suddenly felt the punishment was too harsh Kotov, and suggested to be limited to 1 year of imprisonment, although previously less than 4 years not offered.
But the second the court of appeals chose not to take the final decision of the fate of Kotov, and sent the case back to the Moscow city court and ordered the activist to wait for the decision of fate in jail. A Moscow city court after a little hesitation, despite the epidemiological limitations, decided to examine the merits of the case in April.
it So happened that the quarantine restrictions were very much into the hands of the court and Prosecutor. After all, the previous meeting in the case of resonance Kotova attracted a lot of media attention, they came many friends and sympathizers came under the distribution the activist, the features of the process were discussed in detail… Now no information about what is happening in the hall was not – except for the one that has given lawyers, and terse messages a press-services of Moscow city court. To get an idea about the degree of credibility of the arguments of the parties was impossible.
on the 14th of April the court has started consideration on the merits, April 16, heard by witnesses. He Cats in the letters from prison asked witnesses not to call, because it can be dangerous in the midst of the epidemic, and to defer their questioning until a more quiet time, expressing a willingness to wait in jail. But the court did defer no longer wanted. In the end, for various reasons (from isolation to old age, poor health and inability to get to Moscow) came a smaller part of those witnesses, whom he wanted to interrogate the defense.
as far As we can judge, in the course of interrogation of witnesses, including prosecution witnesses, most fully managed to reconstruct only the first of four arrests Kotova – March 2 at MSU, when he participated in the campaign in support of student Azat miftahova. Policeman Eugene Cynkin (one of the delays then Kotov) said, for example, the court, the activist shouted “shame!” the face was not concealed, and no prohibited items when it was not. Another police officer, Nicholas Kurash, also said that “Cats do not interfere with anyone”, and arrested him only because the protest was unauthorized and to disperse the participants did not want to. The third of the police witnesses, Roman Azarov, said that the transport of Cats also do not interfere because “there’s a Park and trees”.
were also explored several video clips of different episodes of the case.
the same day, April 16, Prosecutor Cyril Morenko suddenly asked the court to adduce nine judicial decisions in other cases, and civil. These decisions were taken in Moscow courts on claims for compensation of pecuniary damage in the millions rubles, supposedly caused by Moscow transport structures and restaurant “Armenia” as a result of mass actions of the late July-early August of last year. The claim was submitted to representatives of Alexei Navalny, municipal deputies Ilya Yashin and Natalia Alaminos, Vladimir Milov and others. the Intent of the Prosecutor was clear: once the COP requires the indispensable presence of a real threat of damage in order to be able to put cats behind bars – must be somewhere proof of this damage to take.
interestingly, the decisions of the courts on civil processes (some of them not yet entered into force) to which no relation had and has not the Konstantin Kotov, nor his relatives, the court case after a short break, still packaged. Judge Alexandra Kovalevskaya not troubled by the fact that the claims mentioned about the events of 27 July and 3 August, and Konstantin Kotov was not involved neither in the one nor in the other – just because he was serving an administrative arrest in Chekhov situated near Moscow, and returned home just in the evening of 3 August.
April 20 was the debate of the parties. The lawyers insisted that the sentence should be reversed, Constantine acquitted and released. The Prosecutor insisted that Constantine is guilty and should be – though not 4 years and a half. When the judge withdrew for a brief conference, and broadcast from the courtroom turned, you could see how the Cats wanders up and down the tiny cell-the cell in jail (he was involved in the process via video conferencing). On the issue of attorneys “how are you?” he said normally but today in jail in the morning have disconnected somehow outlet, he was not able to drink coffee and “cause upset”.
the Judge Kovalevskaya returned, briefly read out the decision: conviction dated 5 September last year to cancel, and the new adopt – deprivation of liberty for a term of 1 year and 6 months with serving in a General regime colony. As requested by the attorney. All the physical evidence, like a CD with videos and posters, to destroy.
the Motivated decision will be ready within three days, and then we can compare the extent to which the court was guided by the requirements of the constitutional court, which seems to be mandatory for ��of ispolneniya all in Russia.
One of a group of lawyers Kotova, Maria Eismont, told “MK” that today’s sentence will be certainly appealed to the cassation court, and if necessary – and to the Supreme. According to her, is sure to be focused and appeal to the ECHR.
And Konstantin Kotov yet again leave the colony.
