The first complaint on detentions during the campaign against corruption on March 26, organized by Alexei Navalny was sent to the European Court of Human Rights. The complaint was filed on behalf of a resident of Sochi Vitaly Nijiidze, who was accused of organizing an illegal rally and sentenced to eight days of administrative arrest. Human rights activists expect that more than 500 similar appeals can be sent to the ECHR.
The complaint to the ECHR in the case of Vitaly Nijaydze was sent by the international human rights group "Agora". In total, according to the results of the shares against corruption, on March 26, according to various estimates, from 1.5 to 2 thousand administrative cases were aroused (a complete review of repressions against the rally participants “He is not Dimon!”, Along criminal cases, you can read, for example, here ). The interests of the detainees are represented by lawyers of several organizations - this is not only the Agora or the Fund for the fight against corruption by Alexei Navalny, who promised each detainee to sue 10 thousand euros in the ECHR, but also the “human rights” of open Russia, the Memorial, the Public Verdict Foundation and others.
In Russian courts, among other, the interests of the detainees for shares on March 26 are represented by the organization "Rus Sitting". Its activist Sergei Sharov-Delone believes that about 500 complaints will be filed in the ECHR, and they have good prospects:
I suspect that more than 500 complaints will be filed in the ECHR
- “Sitting Russia” now works with “OVD-info”, “memorial” and “public verdict”. We created a kind of pool and have been defending everyone in a row for the fifth week. This is our daily work. Now the first complaints have been filed against those who had "arresting" articles. There were immediately an appeal: according to the "arrest" articles, the appeal takes place within a day after the petition. Now things are not arrested, these are fines. We collect them together. They will be served in huge quantities. I suspect that more than 500 complaints will be filed in the ECHR. These are very important stories. Because we see how our courts act in violation of simply all the rules, there is a sea of procedural violations. The courts turn a blind eye to everything. They were given a completely direct instruction - to condemn and find everyone guilty. The courts turn a blind eye to the full falsification of documents, to the lack of documents, just for everything.
- What are the prospects for considering these complaints in the ECHR?
ECHR - a slow structure littered by cases from Russia
- As always, this will not happen quickly. The ECHR is a slow structure, moreover, very littered with business from Russia. By the number of appeals of citizens in the ECHR, we record holders along with Turkey. But I have no doubt that in this case the decision of the ECHR will be completely unambiguous - everything will receive compensation and a violation of their rights will be recognized in accordance with the European Convention on Human Rights.
Vitaly Nijiidze , the coordinator of the public movement "Open Sochi", applied for a rally on March 26, but the city authorities refused him. Then he wrote a message on the social network, calling everyone to a meeting without slogans and sound -integrating equipment.
The guys approached the meeting place with sneakers over the shoulder, and they were detained for stealing sneakers
- When we refused to hold a rally and the picket, we decided to hold a meeting. At that moment, when people began to gather, they saw that the square was cordoned off by the police. All entrances are blocked by ribbons. Allegedly, they searched and found there some suspicious object. At this time, eight people were already detained - supposedly for the stealing of sneakers (for rallies “He is not Dimon!” Many came with sneakers - Dmitry Medvedev’s expensive sneakers became one of the clocks in the FBK investigation about his assets. - approx.) . The guys began to rake up. Then, when we had already gathered, talked with people, I performed a little. I asked the gathered people - do everyone here support the statement of Alexei Navalny with a request to investigate the facts of corruption of senior officials? People voted and said - yes, that's it. And at that moment, the police chief of the Central District accused me of conducting an unauthorized event.
- And then you were taken away ...
- Then the police chief, Alexander Sergeyevich Bondarev’s name, suggested that I follow the police department, to the Central District Department. I obeyed the legal request of the police officer. Passed to the police department. A group of people who gathered proceeded with me. It turned out such a procession around the city. We went throughout the center and reached the police department. About half an hour we could not get inside, because the police closed and did not open the door. Apparently, when they saw a large crowd of people, they were scared. Then we entered there and began to testify. I stated that I am a member of the precinct election commission with a decisive vote. That day they could not detain me without the sanction of the prosecutor. They took a couple of days to get this sanction. I was released. On the 29th, the court took place. I was detained right in the court’s building, taken to a special detention center and subjected me to eight days of arrest. Already in a special -reception, I wrote a complaint to the regional court.
- How do you regard the prospects for contacting the ECHR?
I hope for a positive result, because it is impossible to call it a court
- I hope for a positive result that they will justify me. Because what was in court is impossible to call the court. The judge rejected all the petitions one after another. He did not allow either video filming or audio recording. There were no interrogations of witnesses. Together with the lawyer, we demanded that the witnesses interrogate at least from the defense. Not a single witness was questioned - neither from the side of protection, nor from the prosecution. It got to the point that the judge deleted the video operator, and then removed the lawyer from the courtroom. It was a real court.
- How do you assess the protest activity of the inhabitants of Sochi? Will such actions against corruption be held in Sochi in Sochi in Sochi in Sochi ?
-Because I saw on the 26th, how many new people, young people, how many guys came out with burning eyes,-they did not know what to do. Apparently, all this was for them for the first time. They looked at us, adults, and waited for us to do. I hope this activity will increase. In the end, even the Roman Empire collapsed, not to mention the USSR. I hope for changes, ”says Vitaly Nijiidze.
According to the lawyer Nijarydze Mikhail Benyash , after March 26, not only Vitaly Nijiidze, but also civil activist Mikhail Pchelin was detained in Sochi. According to the lawyer, Art. 10 ("Freedom of speech and expression of opinion") and Art. 11 ("Freedom of Assembly") of the European Convention on the Protection of Human Rights and Fundamental Freedoms:
The authorities should be tolerant of such meetings, since they affect the basic right of a person to freedom of assembly
- The practice of the ECHR says that even if the mass event is not agreed, but it passes peacefully, calmly, without weapons, then the authorities should be tolerant of such meetings, since they affect the basic right of a person to freedom of assembly. They are more carefully treated than in Russia. Article 6 of the Convention is also violated-this is the right to a fair and public court, which was neither public nor fair. He was scandalous, with a mass of process disorders. Vitaly Nijiidze and I were not allowed to get acquainted with the case. We went to the meeting, completely not seeing the matter. With the protocol. In the case there is a video that the courts refused to reproduce. Because it is in favor of a person brought to administrative responsibility. There are testimonies of four witnesses in the case - all members of the Young Guard of United Russia. They are almost under a carbon copy, one to one. Naturally, these witnesses were not called. The judge refused to call witnesses from the defense, even those who were at the hearing, even a police officer who was present at the hearing. The court refused to conduct video shooting, which is already a violation of not only the principle of publicity, but there is still a plenum of the Supreme Court No. 35, which explains that the courts are not entitled to refuse to conduct video shooting if it does not violate the rights and legitimate interests of the other side of the process. And we have no other side of the process. Naturally, the fact that he was detained was arrested right after the announcement of the court order, that is, he was deprived of the opportunity to personally challenge this decision. He was under arrest.
- Will there be more complaints from Sochi?
- Yes, sure. Under our article on the organization [illegal rally], two people were attracted. The second is Mikhail Pchelin. It was the administrator of the VKontakte group, who was engaged in the distribution of information about this rally. There is even a more interesting thing, because it was engaged in the center for combating extremism. In the case there are acts of operational-search measures against bee. Bee was not in fact the organizer. He just helped to disseminate information. And so he was just among those eight guys who were detained on the way to the Komsomolsky square. He was in the Internal Affairs Directorate for 6-7 hours before the lawyer was allowed to be allowed. Moreover, police officers told him that in these cases the lawyer was not provided, and forced him to sign the protocol, said Sochi lawyer Mikhail Benyash.
According to the Moscow authorities, more than 600 people were detained in the capital on March 26, according to human rights activists - there were 1030 people detained, including the organizer of the rally, oppositionist Alexei Navalny, whom the court sentenced to a fine of 20 thousand rubles and 15 days of arrest. Many of the detainees were beaten in autozaks and police branches. In total, in Russian cities on the shares "He is not Dimon!" More than 1,500 people were detained. Against five people, criminal cases have been instituted under the articles “an encroachment on the life of an employee of a law enforcement agency”, “The initiation of hatred or enmity”, “Hooliganism” and “Application of violence to a representative of power”. The defendants of these cases are threatened with long prison terms - up to life imprisonment, which replaces the death penalty in Russia.