
On the fact of the publication on the text of the texts of Boris Stomakhin, enclosed in the Moscow pre-trial detention center “Bear”, the third criminal case was opened. This was reported to the "Franes" by the lawyer of the political prisoner Mikhail Trepashkin. As it is assumed, the case is open under Article 280 of the Criminal Code (public calls for extremism), since it leads its FSB, while things under articles 205.2 (public justification of terrorism) and 282 (inciting hatred or enmity) relate to the proportion of the TFR.
According to Trepashkin, on Thursday morning in the Butyrship District Court of Moscow, where later on the same day, the next meeting in the second case of Stomakhin was held, the FSB investigator appeared to familiarize himself with the materials of this case. On March 19, as part of a pre -investigation audit , a certain FSB officer attended a SIZO STOMAKHIN himself , but the political prisoner refused to give an explanation.
The procedural status of a publicist in the new business is not yet clear. He was not informed that he is a suspect.
This case was aroused after the request , which was sent to the Moscow Deputy State Duma, Uneneros, Alexander Sidyakin, to the Moscow Duma deputy to the Moscow Duma deputy. Uneneros achieved "prosecutor's response measures" in connection with the emergence of new texts in one of the publicist blogs . "I received information that the application of a certain prisoner" Medvedkovo "Boris Stomakhin, justifying the terrorist acts that occurred in Volgograd, is distributed on the Internet," the document said.
The request was sent for the denunciation of Twitter's user @governwitness, whose microblog was removed as of April 10. "Can I hang a couple more articles for this?" - the scammer was interested. He sent tweets of similar maintenance a number of people, including uninterum deputies Vladimir Burmatov and Andrei Isaev, LDPR leader Vladimir Zhirinovsky, Deputy Prime Minister Dmitry Rogozin. Nevertheless, only Sidyakin became interested in the issue.
Meanwhile, the judicial investigation in the second case of Stomakhin was completed. On April 17, the debate of the parties was scheduled. According to lawyers, judge Yuri Kovalevsky intends to hold a debate in one meeting, hearing both the side of the prosecution and the side of the defense. It is possible that at the same meeting, Stomakhin will perform with the last word. The beginning of the hearings at 11:00.
During the meeting on April 10, Kovalevsky satisfied Trepashkin’s petition for the introduction of a response from Roskomnadzor to the case file, confirming that the radical policy edited by Stomakhin was not included in the register of the media. The lawyer insists that the lack of a ballot in the register allows the publicist to remove the most difficult of the incriminated charges in preparation for public justification of terrorism using the media.
At the same time, he rejected the petition of the human rights activist Elena Sannikova, who acts in the process of a public defender, on the appointment of a re-psychological linguistic examination of Stomakhin's texts. Sannikova noted the incompetence of experts who performed a study attached to the case file. In particular, she pointed out, the authors of the examination failed to define the concept of "extremism". In addition, two of the three experts - Linguists Julia Safonov and Anatoly Baranov - the human rights activist accused of bias.
Lawyers Trepashkin and Viktor Borodin supported Sannikova’s petition, indicating that the study was conducted with a number of procedural disorders. In particular, they noted, the party to the defense did not have the opportunity to ask experts their questions.
The representative of the prosecution - the assistant to the Butyrsky interdistrict prosecutor Kirill Dmitriev - rejected the claims to the authors of the examination. In particular, he stated that the definitions of extremism "a priori cannot exist, since this is a blurry concept."
Kovalevsky, making a decision to refuse to petition, said that he would evaluate the examination during the sentence.
He rejected two other defense petitions. Trepashkin sought that from the indictment due to the expiration of the statute of limitations, to exclude a number of episodes imputed by the publicist. Kovalevsky, however, supported the opinion of the prosecutor Dmitriev, noticing, as in December , that in relation to the Stomakhin case, we should not talk about different episodes, but about the "last crime."
Lawyer Borodin introduced Kovalevsky printouts from LJ Stomakhin. According to the indictment of Politsyk, the publication of articles, in particular, in this blog, is charged. Meanwhile, the links indicated in the indictment are not found, but only their headlines with active links are found. Borodin asked to check Kovalevsky to personally make sure that there are no articles at these addresses in order to exclude the accusations incriminated by Stomakhin in re -publication of articles in LJ "to more efficiently achieve his criminal goal."
Kovalevsky refused at the application, explaining that the court was not engaged in the collection of evidence, but analyzes existing ones.
Then Stomakhin himself was interrogated. Only the defense side participated in the interrogation, since the Politsyk announced in advance that Dmitriev’s questions would not answer.
Stomakhin confirmed that at a time when the first publications sane he appeared on the Internet, he served a term in the colony in his first case and did not have access to the network. He also noticed that he would not know people who would commit crimes under the influence of "indirect appeals". Politsyk denied the presence of calls in his articles, saying that he had only expressed his personal opinion.
The publicist also noted that he had never criticized the Russians as an ethnic group, but was talking about the responsibility of Russians as a community of citizens or, more precisely, residents of the country. In the disposition of the 282nd article of the Criminal Code, he added, inciting hatred or enmity according to various signs: national, racial, religious, etc., but not on the basis of citizenship.
Stomakhin regarded the accusations imputed to him as "complete nonsense both in form and essentially." He stated that he was subjected to "pure political reprisal in the Stalinist spirit." The publicist compared the accusation of justification of terrorism in accusations of praising Western democracy or worshiping the West, which were charged in the USSR in the post -war years. Stomakhin called such concepts as praise, worship and justification lying outside the sphere of jurisprudence. He described the persecution for such reasons as an attempt to "climb into the head of a person."
Stomakhin is in custody on November 20, 2012. The trial of it began in September 2013. In total, four accusations were imposed by the Politsyk: in parts of 1 articles 205.2 (justification of terrorism), 280 (calls for extremism) and 282 (excitement of hatred or hostility) and part 1 of Article 30, part 2 of Article 205.2 of the Criminal Code (preparation for public justification of terrorism using the media). The reason for all the charges was exclusively Stomakhin's articles, published by him in 2011-2012 on the personal blog and on the Radical Libertarian opposition " Resistance ", as well as in the low-trip Bulletin " Radical Policy ". Stomakhin threatens from 7 to 10 years in a colony.
In 2006-2011, Stomakhin had already left for a five-year term under articles 280 and 282. At that time he was also convicted exclusively for his works. During the detention, Stomakhin tried to escape from the apartment through the window along the rope, but the rope broke and he received fractures of the legs and processes of two vertebrae. From the consequences of these injuries, Politzek has not yet recovered.