"This is not an empty bravado"

Krasnodar Ecologist Evgeny Vitishko is starving in the colony for the second day, protesting against the court’s refusal to consider his complaint

The Krasnodar Ecologist, a member of the Council of Ecological Watch in the North Caucasus, Yevgeny Vitishko, sentenced to three years in the so -called "Dachi Tkachev case", announced a hunger strike. Thus, Vitishko protests against the fact that the Russian Supreme Court refused to consider his complaint about the replacement of a conditional term to real.

In the summer of 2012, the Krasnodar ecologist, along with his colleague, Suren Gazaryan, were convicted for three years on charges of corruption of property - a fence, which, presumably, belonged to the governor of the Krasnodar Territory Alexander Tkachev. On the eve of the Olympic Games in Sochi, in February 2014, Evgeny Vitishko changed the sentence from the conditional to the real due to "systematic violations" and sent to the colony-settlement for three years. Suren Gazaryan left Russia.

On March 31, the Kirsanovsky court of the Tambov region began to consider the request of Evgeny Vitishko for parole. The colony administration did not support this petition, since for a year and a half in the correctional institution the ecologist received several penalties, among which, for example, as it turned out in court, the recovery for "the manifested negligence during the weeding of tomatoes." On April 15, the court will return to the consideration of Vitishko. Ecologist's lawyer Sergei Loktev in an interview with Radio Liberty told more about the requirements of the starving Evgeny Vitishko and his chances for parole:

- On April 7, Evgeny Vitishko announced a hunger strike. His main requirements are due to the fact that the Supreme Court refused to consider his complaint about the decision of the Tuapse City Court on the replacement of conditional punishment with a real sentence in a colony-settlement. To date, the only hope of liberation is only parole.

-If we talk about parole, how do you assess the past meeting and what do you expect as a defender from the next, are there any chances?

All eight penalties that have been imposed on him since May 2014 are associated with his active civil position

- At the last court hearing, the trend was positive. The court satisfied almost all of our petitions, including the introduction of a psychological opinion on the personality of Evgeny Vitishko. According to this conclusion, the further stay of Vitishko in the conditions of the penitentiary system is inappropriate, since his personality is already formed, it is not a criminal nature. Also, a specialist who made this conclusion was called to the court - Vladimir Rubashny. In addition, a request was satisfied to call the staff of the correctional institution at the hearing, which made up the characterization of Vitishko and who carried out the collection. So far, the situation is such that the court is coming towards Vitishko. There were no refusals, opposition to defense yet. As the situation will go further, it is difficult to say now.

- As I understand it, you are quite regularly seeing Evgeny Vitishko. Tell us about how he lives in a colony, what conditions, how does he feel there?

- He has been built as follows: he does not eat in the dining room, ate what relatives and friends give him. Conducts active civic activity even in the conditions of isolation. We believe that all eight penalties that have been imposed on him since May 2014 are associated with his active civil position. This began after he appealed to the prosecutor's office of the Tambov region with a statement on the beating of convicted by UFSIN employees. After that, persecution began on him. Now he is actively engaged in writing, sending brief essays and stories to friends who publish them on the Internet. Naturally, serving the punishment on it is difficult to affect, despite the fact that he is always in a raised mood, and I have never heard any complaints and walls from him about the fact that he was hard. He always smiles, vigorous, active.

-But you also share the opinion that its activity in the colony can become an obstacle to parole, since representatives of the colony talk about the penalties and object to its liberation?

-Yes, the motivation for the Federal Penitentiary Service of the Federal Penitentiary Service is as follows: since Vitishko has eight penalties that are not repaid, not blocked by any incentives, he does not have the right to conventional-free release in connection with his “negative behavior”. In general, it is characterized as a positive, open, is friends with all the categories of convicts, polite, tactful, etc. with the administration. But then there is a wording that "he does not obey the legal requirements of the administration of the correctional institution." We asked a question to the representative of the colony: "Vitishko is constantly not obeying?" To this we were told that in general he fulfills all the requirements of serving the sentence, the colony employee could not explain what the formulation of the disobedience is connected with. It even reached a ridiculous. We asked: "Why are there no encouragement? What, Vitishko is not involved anywhere?" “Participates,” they answered. "Why, then there are no rewards?" It turned out that in sporting events I did not take the first place, respectively, there was nothing to encourage a person for. In the contest "Kalina Krasnaya" participated, but again did not take the first place, respectively - there are no encouragement. The FSIN has such an interesting position. According to the Criminal Executive Code, if during the year the convict is no longer attracted for violations and cannot be taken out to him new penalties, then he is considered not a penalty. Our situation is slightly different: in our year, starting in May, the penalties are going on one after another. Eugene appealed some of them in court, in terms of complaints he was refused, others are still at the stage of court consideration, I am not yet ready to answer what decision could be made for them.

This is not an empty bravado. Eugene is a man of words, and if he conveyed to the public that he will starve, then this will happen

- If I understand correctly, with the refusal of the Supreme Court to consider the complaint of Evgeny Vitishko, in fact, the last opportunity to appeal in Russia to replace a conditional term with a real one. What will be further actions? Will you go to the ECHR?

- This should be decided by Eugene, there is such an opportunity. Whether he will use it or not, is still difficult to say. Let's leave this a question at a later time when I meet with Eugene and he will give me some explanations. But I believe that if the deadlines are not missed, then we will appeal.

“But does he intend to keep the hunger strike?” At least before the meeting at the parole?

- Yes, this is not an empty bravado. Eugene is a man of words, and if he conveyed to the public that he will starve, then this will happen: unfortunately, he will refuse to eat. I will try to somehow talk to him so that he does not do this, because I am afraid for his health. But the decision to make him, ”concludes lawyer Evgenia Vitishko Sergey Loktev.

In the Supreme Court of Russia, Yevgeny Vitishko disputed the decision of the Tuapse City Court, adopted on December 20, 2013. Then, on the proposal, the Federal Penitentiary Service decided to change the environment with a conditional punishment for the real one. Vitishko came to the judge of the Supreme Court Valentin Kuznetsov on March 18 , and two days later, on March 20, he decided to refuse to consider.

The prosecutor's office of the Krasnodar Territory, which opposed the conclusion of Yevgeny Vitishko in the colony, also tried to achieve a change in the Tuapse City Court. The case reached the Supreme Court again, but then the complaint was withdrawn.

The sentence for Evgeny Vitishki is calculated from the moment he replaced the conditional term with the real term, therefore, if the Tambov court refuses him to his parole, the ecologist will have to hold for about one and a half years in the colony.

Colleagues and associates of Yevgeny Vitishko believe that in this case there is a political background and governor of the Krasnodar Territory Alexander Tkachev through criminal prosecution Evgeny Vitishko for an active civil position. In support of the ecologist, human rights organizations have repeatedly been expressed. The Memorial Center recognized him as a political prisoner, and the international organization Amnesty International called him a prisoner of conscience.