Basmanny case of Nadezhda Savchenko

Promotion in Kyiv demanding to return Nadezhda Savchenko to his homeland

A complaint about the appointment of a psychological and psychiatric examination Nadezhda Savchenko will be considered in October

The Basmanny Court of Moscow postponed on October 13 a consideration of a complaint of the defense of the Ukrainian pilot Nadezhda Savchenko on a decision on the appointment of a stationary psychological and psychiatric examination. The court hearing is expected to take place with the participation of all interested parties, but it will almost certainly be held closed.

The trial, appointed on Friday morning, was postponed due to the fact that Nadezhda Savchenko, who recently was transferred from the Voronezh investigative insulator to Moscow, wished to personally participate in the discussion of the legality of the appointment of a stationary psychological and psychiatric examination. In the decision on the appointment of this examination, protection confuses everything.

The Investigative Committee in its resolution on the appointment of an examination did not bring a single reasonable basis why the investigator, who signed the decision, doubts Savchenko's sanity

“Firstly, the Investigative Committee in its resolution on the appointment of an examination did not bring a single reasonable basis why the investigator, who signed the decision, doubts Savchenko’s sanity,” Ilya Novikov’s lawyer explained. According to him, as a rule, when a person is suspected of committing a serious crime, an outpatient examination of his mental state is carried out and only if there are serious doubts, the discrepancies in the opinions of the commission doctors, the question of the appointment of a stationary examination in a psychiatric clinic may be raised. But in the case of Nadezhda Savchenko, it happened differently.

"The investigator simply wrote that he had doubts about Savchenko’s sanity, since she committed an exceptionally brutal crime, and the defense of the existence of a decision on a referral to psychological and psychiatric examination found out a week after his adoption,-says Ilya Novikov.“ We were confronted with fact. The decision was signed by the investigator on August 18, and not the slightest. The procedural possibilities to influence the formulation of the issues of this examination, on the choice of the institution in which it will be carried out (the Institute of Serbsky was chosen as an institution), nor that the examination can be outpatient rather than stationary. ”

The investigator generally made a decision on a stationary psychiatric examination in order to isolate Nadezhda Savchenko from lawyers

According to Ilya Novikov, the investigator generally made a decision on a stationary psychiatric examination in order to isolate Nadezhda Savchenko from lawyers, since organizing a meeting with the defenders at the Institute. Serbian is much more difficult than being in an investigative insulator. The court will understand all these nuances behind closed doors - the investigator, whom the prosecutor supported this, asked about this.

“Not only the secret of the investigation will be disclosed, but also the biographical data of Savchenko, information about its private, family life and, of course, the information representing a medical secret,” the investigator and the prosecutor said. Together they convinced the judge that the presence of journalists when discussing the possibility of a psychiatric examination by Savchenko would violate her legal rights and interests primarily.

Lawyers of Nadezhda Savchenko objected to the closure of the hearing, stating that the investigation showed false care and actually pursues the goal of hiding from the public what will be held in the hall.

They decided to close the court session so that the public would not find out how ridiculous the arguments presented by the investigation were ridiculous

“I believe that the investigation made the decision to apply for the closure of the process after it reread its own decision on the appointment of an examination, in which the violation of the violation,” said lawyer Nikolai Polozov. “They decided to close the court session so that the public did not find out how much the arguments set forth by the investigation are ridiculous that the examination is impossible to conduct an inpatient psychiatric.”

A complaint about the appointment of a psychological and psychiatric examination Nadezhda Savchenko will be considered in October

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Most likely, on October 13, when the court will consider the issue of the legality of the appointment of a stationary psychiatric examination of Nadezhda Savchenko already in her presence, the defense will try to cancel the decision on a closed hearing mode, but the investigator and the prosecutor will again talk about the need to observe her right to private life.

Meanwhile, experts are discussing what the decision of the Investigative Committee of the Russian Federation on the direction of the Ukrainian pilot Nadezhda Savchenko is based on a psychiatric examination and whether her rights were violated. Among them are a professor at the Department of Social Psychiatry and Clinical Psychology of the St. Petersburg Institute for Advanced Exploration of Experts, Roman Voitenko .

- You carefully follow the case of Nadezhda Savchenko. Were there any reason, in your opinion, to send it to a psychiatric examination?

In the actions of the investigators "found a braid on a stone." Therefore, there was a desire to try to deal with her through a forensic psychological and psychiatric examination

- We must put everything in its place. Firstly, I don’t see any special grounds for conducting a psychological and psychiatric forensic examination according to her life path that she passed, and I see no special grounds for conducting a detained person. She had no absurdities in behavior. She kept herself very clearly and harshly in this situation, she must pay her due. Apparently, this is my personal opinion, in the actions of the investigators "found a braid on a stone." Therefore, there was a desire to try to deal with her through a forensic psychological and psychiatric examination. On the other hand, the court has the right of any person to send to the outpatient, and, if necessary, to a stationary forensic psychiatric examination. And in this case I see no violations, procedural or legal. The court may send a court, maybe the prosecutor’s office.

-Does it matter for the decision of the Investigative Committee of Russia about its direction to examination by the fact that it is a citizen of another country - Ukraine, in this case?

- What does this have to do with the case? Once it is conducted, then it is carried out as part of Russian criminal paperwork. This is the protection of a person. And if a “bad” person, not a Russian, but came a madman in any story, how not to conduct an examination for him? This is the second side of the matter - social protection. By law they have the right, and there are no procedural violations. The case is different - it is very difficult to explain why they decided to conduct such an examination. Indeed, in order to direct to her passage, there must be a resolution of the investigator. He must state these reasons there, some reason for referring to examination. But what he wrote there, we do not know. And we can’t say anything about this.

- The first information about the stage of Nadezhda Savchenko appeared from her relatives, who reported that she was allegedly transported from Voronezh to St. Petersburg. This information was not confirmed, Savchenko was in Moscow and, in the event of a negative decision of the Basmanny Court, will undergo an examination at the Serbian Institute. Are there any rules for determining the place of such examinations?

The law does not prohibit (if there is a direction, if the court decides) to conduct an examination in such a highly qualified institution

-The primary forensic psychiatric examination should be carried out where a criminal case is underway, where it is detained. In Kursk, so in Kursk, in Voronezh, so in Voronezh ... And the Serbian Institute is a higher instance in relation to the primary examination. But, on the other hand, the law does not prohibit (if there is a direction, if the court decides) to conduct an examination in such a highly qualified institution. The court wants what he wants. That's why he is an independent court. And what is “independent”, we know, ”says Roman Voitenko .

The senior lieutenant of the Armed Forces of Ukraine Nadezhda Savchenko was captured by armed separatists in the Luhansk region in June, and then, as she claims, was transported to the territory of Russia, where she was detained. The Investigative Committee of Russia accuses her of complicity of killing two Russian journalists who died during the coverage of the conflict between pro -Russian separatists and government forces in eastern Ukraine.

At the hearing on August 27, the court in the city of Voronezh refused to free her on bail and extended the term of detention until October 30. He also decided that Savchenko will be sent to Moscow for a psychological and psychiatric examination. This is a court decision and is now appealed by the defense of Nadezhda Savchenko in the Basmanny Court of Moscow.