In the opposition

Swamp business - verdict on the flag

February 6, 2014 Sergey Sharov-Delon

There is such a term in chess - “Play on a falling flag”, this is when there is no time to think about the moves. So the Zamoskvoretsky court himself drove himself today into this position of the extreme, almost insoluble timekeeping.

To begin with, everything is in order. Yesterday, all eight accused made the last word. But first, in the postponed end of the debate, lawyer Dinze performed. Perfectly-clearly and intelligible. The absence of any examinations and objective evidence of the prosecution (fingerprints, study of the “crime tools”, etc.). The fact that there is no reason to prove guilt under the 212th article. The fact that all the victims and witnesses of the accusations are interested parties. On changes in their testimony along the way. About violations when copying video evidence. On procedural violations when attracting witnesses of the prosecution. Even about the psychological foundations of the perjury of the police (based on the brilliant conclusion of a specialist Rubashnov). As a result - asks to justify all the defendants.

The prosecution has no replicas. Lawyer Pashkov even jokes that their absence testifies to the quality work of protection.

Then Sergey Krivov, on the second attempt, reads the speech of his defender Sergei Mokhnatkin, sitting in Butyrka for the 318th article incriminated to him for participation in the New Year's Strategy-31 on the Triumphal Square.

All. Nikishin announces the last word.

And one after another, the guys are beautiful, tight, briefly and brightly. I will not retell their performances (the copy is always worse than the original, and all their words will be published in the near future), and according to my notes I will give only some of their words: “I do not hope for an acquittal, but not because I consider myself guilty. ... the main source of violence was the actions of the police ”(Stepan Zimin); “I am not indifferent to what is happening in the country ... I want to live in a country where human rights are respected. I would like to live in a humane and honest society ... In prison they go crazy with the word "amnesty" - either do it or not "(Andrey Barabanov); Alexei Polikhovich begins with a quote by Orwell and continues: “We are not pursued to evaluate our actions. We are judged for the phantoms of the fear of police chiefs ”; Sasha Dukhanin-Numova: “I counted 8 shots. Who is 8 shots? How did they count, who did I get into? It turns out that 4 years to the 212nd article only for the fact that I was there? I will not apologize, ”and then - about untouchable officials and police officers and about their own internal freedom, even if I end up in prison; She ends with a quote from Chipolino; Denis Lutskievich speaks of the unproven accusation against him, and I don’t know what more than the prosecution is more in the request: cruelty or absurdity. ”

Then four and a half hours of the pulling performance of Sergey Krivov. Unnecessary and in no way falling into the genre of the last word. This is his right, but ... Judge Nikishin does not allow to take a break (and there is nothing to breathe in the hall), all this watch heroically sits in the hall of Lyudmila Alekseev (Nobody does not give anyone to leave the hall). An hour later, no one remembers what was mentioned above, there are repetitions ... Finally, at 19:30 Nikishin, having caught Krivov on evading the topic, simply breaks off his performance.

And announces: "The announcement of the sentence on February 21 (on Friday), at 12:00."

This is where the complete manifold comes. The detention of our client was previously extended only until February 24th. It is no longer possible to renew him according to the law. Well, of course, if the verdict is justified (someone is ready to believe it, to be honest?), Or if the deadline is conditional (already a little “warmer”), or if they give “according to the severity”, then there is no problem. But if the verdict contains the real terms that have already been whipped already seized in jails for a year and a half ... Then on February 24, according to the law, the children must be released. Just because the verdict will not yet enter into legal force - we, the defense, have another 10 days for filing an appeal, and the Zamoskvoretsky court will no longer be able to extend their preliminary conclusion, since he will “release” the case. And the appeal instance of the Moscow City Court will not be able to, since by that time he will not accept the appeal for consideration ...

Well, yes, you say, somehow get out, if only not to let out! And so, most likely, it would be, if it were not for the order that on February 14, the Russian government should transfer answers to the last package of questions to the European Court of Human Rights (ECHR) ... It is in the claim for the illegal extension of the preliminary detention of the detention! In the lawsuit, in which usually the slow and clumsy, the ECHR developed an unprecedented, unprecedented agility and gave it archrait! And this is really unprecedented (in the literal sense of the word - “not having precedents”) a case in European practice, when decisions of internal and international courts will come out almost in parallel. And judging by the formulation of the issues of the ECHR, Russia is shining here little.

And how everything will now be decided on a “falling flag” - God news.

Author - defender Andrei Barabanov

Photo by ITAR-TASS/ Zurab Javahadze