Assembly court

On May 22-23, in Berezniki, the court for the parole of Maria Alekhina is difficult to call a full-fledged law. The absence of the applicant in the courtroom depreciates the trial. We are already accustomed to the fact that the court is engaged and makes its decisions on the call of the authorities. This inferiority does not surprise anyone. Another thing is a hearing without an applicant and lawyers.

Moroka, caused by the absence of Alekhina in the courtroom, began on the first day. Video link of amiably quality. Masha sees only the judge on the monitor, somehow-the defender and the prosecutor, does not see the representative of the administration and the courtroom. Its first petition is about the possibility of attending the process. Masha explains that she is deprived of the opportunity to consult with the defender; that the phone, on which she speaks with a lawyer, is listening to the colony staff; that she cannot get acquainted with new materials, in particular, with her personal case, which is now in court. Judge Mikhail Shagalov rejects the petition.

In general, a personal file should always be in the place where the convict is contained. If, for example, a prosecutor’s check arrives at the colony on a trial, then it can find a prisoner there without a sentence and any documents. They would have to immediately free such a prisoner! But this, of course, is not our case.

The refusal of the judge to satisfy the petition was quite expecting. Alekhina had a clear plan of action in this case. We discussed him the day before on a date with her in a colony. Masha declares a discharge to the judge who does not want to provide her with a full right to defense. Each of her statements or petition, an employee of the colony sends a fax to the court. Time is languishing. The judge is not a break. After half an hour, it announces a decision in which no one doubted: to reject the withdrawal.

Alekhina declares a challenge to the prosecutor who is biased towards her. The lawyer Irina Khrunova supports and clarifies: the prosecutor Tashkenov systematically takes a position in relation to Alekhina, which is not consistent with the law. He supported all the penalties imposed on her, which the court later recognized as illegal. The judge rejects the discharge to the prosecutor.

Khrunov’s lawyer intercedes the introduction of a whole pile of documents to the case - characteristics of Masha from different places of study, work and charitable activities; Warranty letters from Novaya Gazeta and other organizations on the provision of work in case of release; Letters-confusion from famous people, such as director Alexander Mitta, actor Mikhail Efremov, TV presenter Leonid Parfenov, journalist Svetlana Sorokina, artist Andrei Biljo. The court introduces documents.

Alekhina cannot get acquainted with new materials. The transfer of them by fax would take several hours. Breaks in the meeting and so more than work. By the time of the statement of the last application, the process lasts 5 hours 45 minutes, of which the meeting itself took 35 minutes, the rest of the time - breaks for decisions, receiving and transmitting faxes, negotiations on video communications between Alekhina and Khrunova, lunch and waiting for the ever -late Judge Shagalov. The trial is painful and absurd.

Masha announces the refusal to participate in the video in the video communication and announces the hunger strike. It prohibits its defenders and the representative to take part in the process. You can make your decision with a "triple" - a judge, a prosecutor and a representative of the colony, Masha appeals to the court. She herself will not participate in this process. Masha holds confidently, even somewhat dismissive towards the court. It can be seen that she understands well what she does, and she likes it. What could be better than the consciousness of one’s own rightness in your trial?

The judge does not understand what is happening. He tries to continue the process, ignoring the machine, a statement. Khrunova invites him to make a decision on a statement by Alekhina. The judge is confused, he does not want to solve anything, he did not face such situations. Finally, he decides: the applicant has the right not to participate in the meeting. The video with the colony is turned off.

I cannot take part in the process if my principal objects to this, explains to the judge Irina Khrunova. The judge is depressed by what is happening and agrees with her. Khrunova gets up from his table and transplanted into the hall to the public.

The judge by inertia still asks for something prosecutor and representative of the colony, but already understands that the trial is falling apart. Not knowing what to do, he announces a break until the next day.

After the trial, we - Oksana Darova, Irina Khrunova and I - go to Masha in the colony. She is in high mood - she likes her line of behavior. Me too. Lawyers are not so inspired by such a development of events (this goes beyond the usual procedural framework), but also support the machine decision.

The next day, the process began with a discussion of the opportunity to continue the hearing in the absence of the applicant and defenders. The prosecutor and the colony do not mind. Who would doubt it? The judge is more difficult to make a decision - what will the judicial verdict made without the plaintiff and defense cost? Therefore, the judge in every possible way draws the moment of making a fundamental decision and decides to attract Darov Oksana Darov to the lawsuit. Although she does not participate in the process, she submitted a statement about UDO on behalf of Alekhina and has a lawyer agreement with her. The problem, however, is that making a lawyer work against the will of his client is not so easy. First, this lawyer needs to be found, then brought to court, and then force to talk about something. In former times, needles for nails would drive or threaten the exception to the college of lawyers, but today, as it were, democracy and seemingly legitimacy.

It seemed to Judge Shagalov that he had found a good way out: he appointed a defender Alekhina a duty lawyer, that is, a defender at a state expense, whom Alekhina did not invite. The appointed defender - lawyer Yevgeny Bardin - immediately expressed perplexity to the court: Alekhina has lawyers by agreement, so what else is needed for an appointment? Judge Shagalov looked at him and said that it was necessary. The lawyer of Darova, who was sitting in the front row of the hall among the public, rose and explained to the court that the law under consideration does not refer to the number of those who are necessarily the presence of the defender. Without the consent of Alekhina, not a single lawyer cannot be appointed by law. The lawyer Bardin in complete bewilderment told the judge that, according to his information, Alekhina refuses the services of all lawyers. The judge looked at him with a mixture of pity and discontent. Bardin said that he needs to meet with Alekhina: "What if she will have a discharge to me?" Judge Shagalov only frowned in displeasure and shook his head.

Prosecutor Lev Tashkenov, anticipating that the lawsuit in the future will become the basis for the cancellation of a court decision in an appeal, expressed against the appointment of a defender of a lawyer Bardin, proposing to allow Oksan Darov to the case. He referred to specific norms of the law, but, despite the resistance of the prosecutor, the judge remained his own.

Then everything went like clockwork. The judge with a slight glance walked in all documents and muttered their contents in a dull whisper. The unfortunate Bardin, surrendering to the mercy of the Bereznikovsky justice, made a standard sample speech with a request to satisfy the application for parole. The representative of the colony read Alekhina with a conclusion-parole is inappropriate. The prosecutor read out the duty that Alekhina Udo was not worthy. Judge Shagalov was happy that he managed to bring the process to the final. After an hour and a half, he issued his verdict in which no one doubted: the petition for parole Alekhina to be disliked.