Opponent of strict regime

The court upheld the sentence to Ildar Dadin. Reporting Ilya Azar

On Thursday, March 31, the Moscow City Court reduced by six months - up to two and a half years - the term of the opposition activist Ildar Dadin. This is the first (and so far the only) Russian citizen convicted of “repeated violation of the rules of public event” under Article 212.1 of the Criminal Code of the Russian Federation. “Memorial” considers Dadin political prisoners, and the Human Rights Council under the President of the Russian Federation demanded that this article be removed from the Criminal Code, which many human rights activists and lawyers consider anti -constitutional. Dadina defended, among other things, the well -known lawyer Henry Reznik, but he managed to achieve only a decrease in the deadline, not justification. The special correspondent of Medusa Ilya Azar watched the process.

Initially, the appeal in the case of the opposition activist Ildar Dadin was supposed to take place on March 23, but the judge of the Moscow City Court Natalya Borisova postponed the meeting on March 31. Dadin even then urgently demanded to deliver him to court, but on March 31 he again appeared in the hall only on the TV screen - according to the video broadcast from the pre -trial detention center. Dadin in a black T -shirt with the image of a Ukrainian Cossack and the inscription “Slaves are not allowed into paradise. Glory to the heroes! " He sat behind bars in a dark room with pale green walls.

The essence of Dadina is as follows: on August 6, 2014, the opposition participated in single pickets in defense of the defendants in the “swamp business”, on August 23 and September 13 - in anti -government single pickets, and on December 5, together with the other activists, he blocked Myasnitskaya Street with a poster “Yesterday - Kyiv, Tomorrow - Moscow”. According to the three of these shares, he received an administrative punishment, and this served as the basis for initiating a criminal case on an article 212.1 that appeared in the Criminal Code in 2014 for “repeated violation of the rules for a public event”.

On December 7, 2015, Dadin was found guilty, and unexpectedly for many he was sentenced to three years in a colony. “Why immediately plant? It was possible to send for correctional work for half a year, ”the lawyer of Dadina Ksenia Kostomina is still outraged on the day of appeal.

After the judge Borisov, following the formal procedure, found out his personal data from Dadin, she asked: "Is everything clear, Dadin?" He replied: “No, not all. I do not understand why I can’t participate in the study of evidence and petition about my personal presence in the meeting room. ” The next two hours, the participants in the process devoted to the discussion of this petition.

“My physical non -consumption in court limits my constitutional rights. You could judge me by video, if I completely lost faith in the process and asked you about it. But I was still going to defend myself in court, ”Dadin began to say. He performed for at least an hour, mentioning a dozen two articles of the Constitution and the Criminal Procedure Code during this time, which the judge, in his opinion, violated, without ensuring its delivery to the court.

For example, according to Dadin, his presence in a pre-trial detention center directly violates the principle of equal rights of the parties in the trial, as well as the 48th article of the Constitution, according to which everyone is guaranteed the right to full legal assistance. “My right to confidential communication with lawyers is violated, because each time I consider it a disrespect for them from the audience of all listeners. It is inconvenient for me to introduce into the inconvenience of other people, this is at least uncomfortable, ”said Dadin. He even referred to a violation of the 17th article of the Constitution, which guarantees that "the fundamental rights and freedoms of man are inalienable and belong to everyone from birth."

Dadin spoke for almost an hour, constantly getting down, confused and repeating what he had already said - the prosecutor with lawyers began to openly miss. Kostromin’s lawyer then explained to Medusa that Dadin wrote, apparently, at the last moment when he realized that there would be no delivery to the Moscow City Court this time.

When it finally came to lawyers, they supported Dadin's petition. “The system interpretation of the law leads to the conclusion that participation in a video conference can be justified when there is no way to ensure the personal participation of the defendant, but we do not know about any circumstances that would impede the delivery of our client to the court,” said lawyer Henry Reznik. In fact, later in a conversation with me, the lawyer Dadina Ksenia Kostomina later admitted with me, they most often do not go to court on the appeals of the defendants, but usually they do not require this.

The prosecutor left the question for consideration by the judge who rejected the request.

- Are there any other petitions? - Judge Borisov asked gloomily with the defendant.

- Yes, sure! - Dadin responded enthusiastically.

Dadin insisted that his personal presence in the court was necessary, first of all, in order to be able to transfer his petitions and documents to the court, and the judge insisted that there was enough for this and the introduction of orally voiced petitions to the protocol.

- I do not see and do not understand why my [first] petition was not considered and attached. How can I generally participate in the process? I have many more documents here, ”Dadin asked nervously.

- What is your petition now? - the judge bent her line.

- I demand to provide my right to a written request agreed upon by Article 120 of the Code of Criminal Procedure.

- It has already been considered. Your next petition, ”Borisova repeated.

- Since you do not comply with justice, I decide that you obey the law and provide me with the right to submit petitions.

“The next petition,” the judge did not give up. Dadin, however, gave her a head start.

“Since you, in my opinion, directly violate the law at the moment, judge me in fact without me, do not give the right to a written petition and obviously obey the Constitution, I say that I say that I have nothing to do with the so -called judge in this circus, I am not going to participate,” said Dadin, mocking the last word for syllables.

His lawyer Kostromin at that moment tried to explain to the judge that Dadin is not a lawyer and worried, and when, from his point of view, his rights are violated, she begins to worry even more.

- Do you want to take part in court? - specified by the defendant Borisov.

“I am ready to continue as a spectator, sometimes using the possibility of saying something,” answered Dadin, whom Kostromina had advised before that she advised not to refuse to participate in the process.

Borisova consistently rejected all the petitions of Dadin - in particular, his requirements to conduct an audio recording of the meeting (“The protocol of the court of first instance proved that he would easily fabricate,” said Dadin) and attract his wife Anastasia Zotov as a defender (“Lawyers work on a public basis, they have no time to go to me in jail, which my wife could do more often”). The judge stated that "she finds no reason to admit as a defender Zotova, who has only a journalistic education, if Dadin has professional lawyers."

When Dadin began to be indignant, sitting in a chair, the judge asked him to get up.

- Or is it convenient for you to sit? She clarifies.

“I am comfortable sitting,” Dadin confirms.

-Do you have any disease? -without any participation, the judge asks.

- No.

- They turn to the court standing! - losing patience, the judge repeated.

“I am the place where they are mocking the constitution, where unlawful sentences are carried out, I do not consider the court,” Dadin replies, continuing to sit.

“I remind you that they are turning to the court,” the judge makes another attempt.

- And where is the court? Do you see the court? I am sitting and just watching TV, what is it? - says Dadin and remains to sit. After that, Judge Borisov did not make any attempts to interrupt Dadina.

Two hours later, the court finally began to discuss the complaint. Borisova briefly read out the appeal of the defense, which consider the sentence (and the article itself in the Criminal Code) violation of both the constitution and the European Charter of Human Rights.

At first, Kostromin acted in support of the complaint. “I am convinced that for all those present the existence of an article is an absolute nonsense due to the fact that it is obviously contrary to the constitution. For all these episodes, decisions were made to admit Dadin guilty of administrative offenses, and then they were all entrusted with the charge ... Dadin was held accountable for non -violent actions, there is not a single victim in the case. He just went outside and expressed his opinion. Moreover, the judge appointed him for three years, although the prosecutor asked for two years, which once again testifies that the court was not impartial, ”said Kostromina.

According to her, the court did not take into account the fact that Dadin was first prosecuted, that he had no negative characteristics. “Imprisonment for the implementation of constitutional law is a flagrant violation of human rights,” the lawyer said.

At this moment, Dadin again loudly expresses the desire to file another request.

“Currently, the court is listening to the opinions of the parties on the appeal,” the judge replies.

“And I wish to make a petition,” Dadin insists. - I demand from the court to introduce and explore two schemes. I really need them to prove my position, and I see that you can’t see them on TV. Therefore, please take them and examine them, it will be easier for you to understand, ”says Dadin and holds out two sheets closer to the camera.

His wife Zotov laughs at that moment. In the course of the meeting, she always looks at her husband’s video and smiles in love with him, especially when he is mistaken or stammered.

“Here are two sheets. How can I transfer them to you? " - repeats Dadin. The judge is silent. Then the word takes a lawyer Kostromin: “The refusal to study the schemes will violate the rights of my defendant. Due to the refusal in the personal presence of Dadin, we have repeatedly still rise to such violations of the rights of our client, ”she says.

“I still have a lot of evidence in my hands that I cannot convey to the court. There are seals and the like. Will I tell you a telepathic way? " Says Dadin.

It remains incomprehensible why Dadin did not pass the documents through lawyers in advance. Kostromina told Medusa that she had been with him repeatedly, but he did not give her anything.

The judge rejects the judge, after which the opposition stops restraining and turns his table into a pre -trial detention center into a rostrum for political speeches. “I consider this sentence a political, criminal and false in connection with the imputation of an anti -constitutional and illegal article 212.1, directly canceling the right of citizens to peaceful meetings. From the very beginning, I stated that my actions are legal, and the judge Natalya Dudar - an obvious criminal and a lacquer of the regime, ”says Dadin.

“All my public actions were peaceful and without weapons, I am a fundamental supporter of non -violent resistance to the authoritarian illegitimate fascist regime of Putin. Judge Dudar did everything to plant me, and I will do everything in my power in order to attract werewolves in the judicial mantles, attracting innocent criminal liability! Let them not think that the regime will forever cover their lawless decisions, ”says Dadin. He repeats a lot, often returns to the same theses, but the judge Borisov no longer interrupts him and does not call “speak on the case”, as is often on such processes.

The main argument of Dadin and his lawyers is voiced by the defendant himself in his characteristic peremptory manner: “From a legal point of view, there were no evidence of my repeated acts. We see that the three acts entered into legal force after [the initiation of a criminal case], so I don’t even fall under your gangster article! This is a direct violation of the 54th article of the Constitution, which states that no one should be responsible for the act, which at the time of its commission was recognized by the offense, ”says Dadin.

As Kostromina later explained, we are talking about the specifics of the Code of Administrative Offenses. At the time of the initiation of a criminal case, decisions on three administrative violations Dadin have not yet entered into legal force. As Kostromina explains, this legal collision arose due to the fact that there were no marks in the courts that Dadin received a decision of the courts. “We took advantage of this by appealing three sentences,” Kostromina explains. No less important, according to her, is that Dadina was actually condemned twice for the same act, which is prohibited by the 50th article of the Constitution.

When the judge announces a lunch break, Dadin shouts: “Thank you all who came! I love everyone, first of all, my girlfriend. " Zotova, who married Dadina after he was sentenced, approaches the TV and sends her husband air kisses (the sound of the TV in the pre -trial detention center is already disconnected).

At least a hundred people came to support Dadin on the examination of the appeal. Most are sitting in a room where a video broadcast from the hall of meetings is coming, many hold in their hands a leaf torn from a notebook with the inscription “Freedom Dadin”, someone all the time raises the Constitution of the Russian Federation overhead. There are supporters of the Ukrainian military personnel of Nadezhda Savchenko, who appeared in court in Rostov Donetsk; They came here with Ukrainian symbols. For example, activist Vasily Nedopepekin, who was kicked out of the house for Savchenko’s support, is sitting in the flowers of the Ukrainian flag in a scarf.

“Today we occupied the Moscow City Court! The whole protest is here. At the rally, we are not going to, ”the activists in the smoking room are discussing the process.

There were few famous politicians to support Dadin - only the coordinator of the human rights direction of “Open Russia” Maria Baronova and the ally of Alexei Navalny Nikolai Lyaskin. Baronova is optimistic: “I give 70%that Dadina will be released. Our lawyers carried out very serious work and prepared a complaint to the Constitutional Court of Article 212.1. We will arrange a serious circus there, so I think they can let Dadin let go to avoid this. In order to file a complaint under the article, a convicted person is necessary on it. ”

When the process resumes, the word is taken by the lawyer Reznik. Supporters of Dadin treat a well -deserved lawyer with obvious food - when he went to the dining room during the break, he is arranged on a standing ovation. “I can note the redundancy of protection arguments. Only the argument that the decisions of the administrative courts have not yet entered into force when the case was opened was enough to cancel this sentence and stop the case, ”says Reznik.

According to him, "it is quite obvious that there are no grounds to consider an act that the court itself is recognized as an administrative offense, a criminal offense." “No repetition or multiplicity is able to change the content of the norm. The foul language in a public place, no matter how repeated, remains an administrative violation. The deputies who introduced this norm sought to please the conjunctural political winds, which blew and conflicted with the canons of criminal-legal qualifications, ”Reznik says sedately and very confidently.

The prosecutor, unlike all the other participants in the process, is very brief: “In any of the complaints, the defense side does not dispute the actual circumstances of the case, and it is difficult to name the episode 5 on a peaceful protest. The court took into account the nature and degree of public danger, and I do not see circumstances to cancel the decision. ”

After that, the stage of debate begins, in which the parties once again repeat their arguments. The most convincing was the performance of Henry Reznik (even the judge addressed him exclusively respectfully, by name and patronymic).

“The essence is quite simple: the peaceful demonstration is hidden [in jail] not for months, but for years. This situation is a blow to the prestige of the state, which numbers itself legal. The verdict [judge] Dudar is a spot on the mantle of Russian justice. The imprisonment of a peaceful demonstrator is included in the glaring contradiction with the Constitution of Russia and the European Convention on Human Rights. The latter states that “where the demonstrators are not participating in the actions of violence, it is important for the state to demonstrate a certain level of tolerance,” says Reznik. According to him, Dadin "belongs to the not very numerous category of our compatriots, who perceive high abstract norms as their own beliefs."

“They get mistaken with them. Dadin is one of those very caring people who advocate law and justice. In communication, they are far from always pleasant, but it is the presence of such people that does not allow civil society to relax. Your honor, look, all his events are not massive, these are single pickets on which a person protests against various injustices ... This is a case of tremendous significance, it shows whether the state is tolerant of peaceful forms of defending his beliefs, which can be extreme or errors, but this is what characterizes the regime as a democratic, ”adds the Reznik. Заканчивает он свою речь фразой: «Ваша честь, мирным демонстрантам не место за решеткой, это оскорбление права».

Речь Резника могла бы стать эффектной точкой защиты, но впереди еще было последнее слово Дадина. Резник сам просит подзащитного не повторять по несколько раз одно и то же и «не растекаться мыслью», но тот его увещеваниям не внял. «Он уже все сказал, сейчас испортит впечатление от речи Резника», — признавали даже сторонники Дадина в зале с трансляцией.

«Я хочу обратиться к путинским инквизиторам. Меня часто называют идеалистом. Но я и прагматик — и умею соотносить факты. Я видел, как людей, которые выражают позицию против войн, сажают. Савченко, одной из достойнейшей дочерей Украины, дали 22 года. Даже убежденный «рашист» в моей камере не верит, что она убийца.Я понимаю, что у вас есть приказ. Что приговор останется без изменений. But I'm not afraid. Меня спрашивают, чего ты добился, сидишь. Я уже сейчас человек, и это главное. Я здесь нахожусь, потому что я живу по совести», — говорит Дадин.

Напоследок он обращается к соратникам и говорит, что не боится отсидеть в тюрьме полный срок. «Даже если вы осуждаете Путина, но не высказываете палачам, что они палачи, публично, говорите на кухне, вы за все ответственны. Пока ты не вышел и не заявил позицию, ты соучастник фашизма. Если мы не хватаем наших слуг за руку, позволяем палачам убивать людей, мы несем ответственность. Друзья, не переживайте за меня, я готов к этим трем годам. Разве это сравнится с тем, что делает наша власть с людьми? Не становитесь соучастниками фашизма. Отстаивайте свои права», — говорит подсудимый.

«Он своей речью все усилия адвокатов просто убил. Нам надо всем помнить историю с Понтием Пилатом и истиной. Если для Христа истина — это истина, — объясняет «Медузе» правозащитник Сергей Шаров-Делоне и показывает пальцем вверх, — а для римлянина Понтия Пилата истина — это судебное решение. В суде надо играть в судебную истину, а другую истину говорить в другом месте. Ты крутой, ты рыцарь, привыкший сражаться с мечом, но если вышел на футбольное поле, надо меч отложить, тут в мяч надо играть, причем именно по футбольным правилам. Я хорошо знаю Ильдара, и он плохо это понимает».

Адвокат Костромина объясняет «Медузе» перед вынесением судьей решения, что несогласованность позиций защиты и самого Дадина объясняется тем, что он «товарищ сложный». «Если бы он вел себя менее агрессивно, то, наверное, было бы больше шансов на какое-то положительное решение. Но мы же исходим из интересов клиента, а для него более важно донести свою позицию. Он использует это заседание исключительно как трибуну, чтобы донести для публики свои мысли. Ему все равно, какое будет наказание, — говорит Костромина.

Ее задача как адвоката, считает Костромина, добиться лучшего решения по делу, но «Ильдар такой цели перед собой не ставил». «Он уверен, что лучше отсидит три года, но будет говорить то, что считает нужным. Я его предупредила, что если он будет говорить про «путинско-фашистский беспредел», то рассчитывать на смягчение приговора не стоит. Он же судью обвиняет, хотя она пока еще не вынесла приговор. Дударь ему добавила год к тому, что просила прокуратура, потому что он, тыча в нее пальцем, говорил, что посадит ее», — объясняет Костромина.

Она не рассчитывает, что Дадина могут оправдать: «Если снизят до двух лет — это уже за счастье можно принять». И она оказывается права. Когда судья огласила свое решение снизить срок наказания Дадину с трех до двух с половиной лет, в зале раздается саркастический смех.

— Позор вам! Если звук остался, то вы путинские фашисты позорные. Позор вам, стыд и срам! — кричит из СИЗО Дадин.

— Позор российскому правосудию! Disgrace! — скандируют все 80 сочувствующих в зале с видеотрансляцией.

Адвокаты после окончания суда пообещали обжаловать приговор в Верховном суде, хотя Резник грустно добавляет, что надежды больше на Европейский суд по правам человека.

Ilya Azar

Moscow