Translated material
Involuntary
The Presidium of the Moscow City Court transferred the defendant in the "Twelve case" Nikolai of the Kavkazsky from the pre -trial detention center under house arrest for a period of October 2. This was reported by RAPSI with reference to Vadim Kluvant, an activist's lawyer. Thus, the court satisfied the supervisory complaint about the choice of a preventive measure to Caucasian.
The supervisory proceedings were launched by the decision of the Supreme Court, where representatives of the apparatus of the Commissioner for Human Rights Vladimir Lukin appealed. Lukin also appealed the arrest of Caucasian, but the court previously rejected this complaint.
"When resolving the issue of extending a preventive measure ... the court of first instance did not give any specific evidence, but limited himself to a listing of the grounds specified in the previous court decision," the press release of the Moscow City Court says . Meanwhile, the court continues, if the arrest of the Caucasian was justified, then by the time of resolving the issue of its extension these grounds have already lost its relevance.
It is also taken into account that the activist was not hidden for two months and did not interfere with the investigation, he was constantly living in Moscow and had not previously been brought to criminal liability. Finally, it is indicated in the presence of chronic diseases in the Caucasian, "in the conditions of the investigative isolator of the can progress and significantly worsen the state of his health."
Caucasian 26 years old. He is a well -known opposition activist and human rights activist, lawyer of the civil rights committee. Protects pacifist views. He was detained on July 25, 2012 and arrested the next day. Thus, he spent more than a year in prison.
The activist is accused of part 2 of Article 212 of the Criminal Code (participation in the riots). He faces up to eight years in the colony. The investigation claims that he "struck by hands and feet of OMON employees." Meanwhile, Article 318 (the use of violence in relation to a representative of the authorities) was not imputed by the Caucasian.
The Caucasian was contained in the pre-trial detention center-2 "Butyrka". He suffers from diseases of the liver, heart and kidneys by the spring of 2013, after seven months of imprisonment, recovered by 20 kilograms, because he did not have the opportunity to observe a diet and study in the gym.
Relatives of the Politsek have insisted on his medical examination for many months. Only in April did they manage to achieve the hospitalization of the Caucasian in the hospital of the SIZO-1 "Sailor Silence". There he spent more than a month. Doctors revealed in the activist obesity of the III degree on the basis of hepatosis. However, the official epicrisis of the Caucasian mother in the pre -trial detention center refused to give out, referring to the lack of a power of attorney signed by the Politzek. Activist’s lawyer Dmitry Aivazyan accused the jailers of abuse of powers in this regard.
The transfer of Caucasian to house arrest is the first case of mitigation of a preventive measure to the accused in the "swamp case". Earlier, four defendants were released from the pre-trial detention center, who were completely absent in Bolotnaya and were imprisoned due to the incompetence of investigators, as well as Konstantin Lebedev, who went to betrayal and pronounced other accused. At the same time, they all went out of the conclusion at the request of the TFR. The only exception was Alexander Kamensky, to whom the investigation could not be charged - in accordance with the law, he was released in the status of a suspect after 10 days in a pre -trial detention center.
Until now, the courts have satisfied all the investigation petitions for the extension of the "swamp prisoners" of the terms of detention and rejected the defense appeals for such decisions. So, on Thursday, the arrest of Ilya Gushchina was extended. The Caucasian case was the first exception to this rule.
One of the arguments of protection in favor of the liberation of the Caucasian from custody was the poor health of the political prisoner. Meanwhile, the activist of the Left Front Vladimir Akimenkov, who almost completely blinded over a year, remains in the pre-trial detention center, despite similar arguments cited by protection.