
“What is it? - asks the audience in the cafe "13" lawyer Irina Khrunova. We all joked about it, resigned, sit here, but what is it? She took her into a convoy, she was sitting there alone! "
For one hour forty minutes, while the judge wrote a decision, Nadezhda Tolokonnikov sat alone in the convoy room - a tiny room next to the courtroom. In the courtroom at that time, Khrunova’s lawyer shouted: “For fifteen years of work, I have never seen this!” This is when the judge suddenly ends the meeting. That is, this is how: the hearing went on its own, with petitions, polls, performances, and suddenly Judge Lidia Yakovleva said that the court, that is, she was deleted to make a decision. And the defense still had statements and questions, and most importantly, the convicted Nadezhda Tolokonnikova, from whose behalf the petition was submitted for parole, was prepared. “I am a teacher of the criminal process at the university. This is the most important thing I have. Take everything else. But the process! Process!"
At first, in the Zubovo-Polyansky court of Mordovia, everything was good and even very good. “At first it seemed to me that I was on the set of the“ Hour of the Court, ”Khrunova jokes, already cooing. Creer, please transmit documents "-this is how it does not happen in real life, in real life who provided the documents, he brings it." Yakovlev behaved as if this demonstrative process-in the sense of exemplary, and not in another sense-as a judge from the TV, and possibly from the American one.
The bailiffs at the entrance to the court of the court, and the press secretary of the court, who brought journalists, who brought additional chairs and even sheets of white paper, so that they could stand on chairs could stand, also acted on chairs. It seems that the Zubovo-Polyansky court joined some social media on the title of the most courting court, conducted among regional courts, which had to consider high-profile cases. Surprisingly polite and correct employees of the court in the Berezniki are also correct, which examines the petitions of the sentence of Maria Alekhina, and in Kirov, where the case of Alexei Navalny is listened. By this, regional courts are different from Moscow, where everyone is rude and everyone, including judges and often lawyers.
The outcome of the case does not change bypassing and emphasized procedural correctness, but they have an almost mystical effect: at some point the participants in the process, and behind them, observers begin to suddenly believe that they are in this court, where the decision is not predetermined. Mom Maria Alekhina and her lawyer Oksana Darova after one of the processes in Berezniki admitted to me. And the same thing happens in a tooth meadow. The judge introduces to the case all the documents provided by both the defense and the prosecutor's office and the federal sentence service, even if other participants in the process object, says: “Bailiffs, please transfer documents.” Evil tongues whisper on Twitter that it is simply insured in case of procedural complaints.
But simple compliance with the procedure seems to bring the process to another quality. Lawyers Irina Khrunova and Dmitry Dinze, starting slowly and boring to read out the appeal of cultural figures who appeal to humanism (humanism was introduced to the case file), play a real adversarial process by the middle of the day. They break the arguments of the prosecutor's office and the FSIN who opposed Udo on the grounds that the convict did not plead guilty, did not repent and did not embark on the path of correction. Khrunova refers to the decision of the Constitutional Court, who directly forbidden to make parole depending on guilt, and requires the prosecutor and the FSINESS to the answer: is it known to them about this decision? Opponents are fooled, lost in words, Khrunova has a fever, and something strange happens to the judge at that time: she seems to disappear. That is, she still sits alone at a wide table, with two empty high chairs of the right and core, against the background of the flag of the Russian Federation, in a black robe and a white blouse, but it seemed to be not. Sometimes, almost out of place, she says that one or another issue of protection is not related to business, but Khrunova cleverly and confidently presents a changed wording and continues the attack.
The prisoner does not fulfill the norms of development, does not participate in competitions (neither in Miss Charm, nor in the competition for the best performance of the song), does not take books from the library. These are all the arguments of the FSIN and representatives of the colony, who explain that the convicted Tolokonnikova did not take the path of correction and does not take an active life position. By the way, it was the presence of an active life position that was given as an argument for a prison imprisonment in a psychological examination provided to the Khamovnican court in August last year. But now the examination is different, it says (spelling is preserved): “Self -esteem is overstated, confident in itself and its actions, in its successes and capabilities, ambitious. Satisfied with myself. Stubborn, courageous, decisive, thinks only of himself. Rarely repents. Constant in its plans and affection, consistent, calculating. Persistent and stubborn in achieving personal goals. Not sensitive to criticism and reproaches. ”
Dmitry Dinze seems to be seriously accepting an argument about the development standards - to break it: Tolokonnikov used to overfulfilled, and underwent in those months when there were holidays or Tolokonnikov lying in the hospital. “Failure to fulfill the production standards indicates an abnormal attitude to work,” the FSINovets mumbled, perhaps trying to be as eloquent as protection.
Khrunova asks the representative of the colony, how many Tolokonnikova books have. “I find it difficult to answer,” she says. “You cannot find it difficult to answer! You are the deputy chief of the colony on the educational part. And books are a very good tool for education. ” “Very good,” the deputy chief in the educational part echoes. The judge is still absent, physically present.
Further, Khrunova takes out the results of conversations with women who recently freed from IK-14, which contains Tolokonnikov. From the interview it follows that the psychologist who signed the examination in the colony practically does not happen. I believe that such a prepared lawyer in the Zubovo-Polyansk court is seen for the first time.
And here the strange thing happens, although at first no one notices this oddity. Judge Yakovleva announces a break for familiarization with Khrunova documents presented by Khrunova. It is strange that no one asked her about this break. A new height of courteousness is taken?
After 10 minutes, the judge returns another person. She does not hide impatience, begins to shout at the participants in the process. Her hands are shaking. She gives the floor to the prosecutor who opens against parole, and she does not give a word anymore. She announces that the court is deleted to make a decision. At first, Khrunov’s lawyer, quickly saying something after the judge that she still has statements, freezes without words. Operators shoot cameras from tripods, observers whisper. "What was it?" - Tolokonnikov is taken away, and then Khrunova begins to scream about 15 years and about the process.
On the table, the defense contain five pages of handwritten text: the speech of Nadezhda Tolokonnikova, not uttered in court.
“I am absolutely sure that the only right path is the one on which a person is honest with others and himself. I adhere to this path and I will not leave it, wherever fate brought me. I insisted on this path, while still in the wild, I did not retreat from him in the Moscow pre -trial detention center, nothing would teach me to change the principle of honesty, even the Mordovian camps, where the authorities love to exile political prisoners from the Soviet era. Therefore, I did not admit and I will not admit the guilt imputed by me by the verdict of the Khamovnik district court, illegal and made with an indecent number of procedural violations. At the moment, this sentence is appealed by me at higher courts. Forcing me to admit guilt, the UIS pushes me to self -cargo and, therefore, to lies. Is the ability to lie that a person has embarked on the path of correction? "
After one hour and forty minutes, when everyone was already shouted, joked and rustled, Tolokonnikov was brought into the hall and put in a cage. Her husband Pyotr Verzilov tries to knock out her to start saying the last word “at any moment”. Tolokonnikova turns away from her husband towards the judge. She seems to be crying nearly.
The judge is monotonously raising: "The court examined ... the court ruled ... the petition is not subject to satisfaction."
Verzilov is sure: "I have never seen such a visual illustration of the thesis" The judge called. " He believes that Judge Yakovlev announced an unexpected break because she was demanded for the phone. And the phone demanded to stop the booth. And she stopped.
And Khrunov’s lawyer does not believe in calls. She actually believes in judges. “These are all our classmates - both among judges and among prosecutors. Nobody calls them. There is always a chance. The only question is whether they are ready to change themselves. ”
It is not only about whether this or that judge is ready to take a risk with a career, an apartment, a car. Khrunova has in mind to "change" in a deeper sense. Already in the evening, in the “13” cafe, named after the region, attributed to Mordovia by car numbers, Khrunova will say that everyone already knows: this is Dubravlag, here is the highest concentration of colonies per square kilometer. “This is the edge of the hereditary escorts,” says the most prepared lawyer in the country. The birthplace of the judge Yakovleva - five kilometers from here. "
So maybe in court there was exactly what lay on the surface. Judge Yakovleva tried to comply with the procedure - as on TV. By the middle of the day, the procedure turned out to be stronger than her: when it seemed that the judge was absent, she was indeed in a semi -conscious state. Then she shook. I took myself and my court in my hands. I have not changed myself.