Lawyer Sergey Panchenko: "We expected only one outcome - the abolition of all decisions on arrest"

The Chairman of the Supreme Court Vyacheslav Lebedev raised the question of the legality of capturing and extending the arrest of three accused in the “swamp case” - Ilya Gushchin, Leonid Kovyazin and Artem Savelov. On October 5, the Presidium of the Supreme Court will consider the performance of the chairman.

Artem Savelov was arrested on June 11, 2012 and later sentenced to two years and seven months of the colony. He was released on December 31, 2014.

Leonid Kovyazin was arrested on September 5, 2012. The court amnestied it on December 19, 2013, the court during the next meeting, where the case was considered on the merits.

Ilya Gushchin was arrested on February 7, 2013 and later sentenced to two and a half years in the colony. He was released on August 5, 2015.

The courts accepted the accusations of the severity of incriminated acts (all three were accused of participation in the riots on May 6, 2012, and Savelov and Gushchin also in the use of violence to representatives of the authorities and Gushchin and about the grounds for capturing all three (as well as other “swamp cases”). The fact that the defendants, being free, can hide or affect witnesses.

Lawyer Sergei Panchenko, representing the interests of Ilya Gushchina, commented on the performance of the chairman of the Armed Forces for the OVD-Info.

What will be discussed at the meeting on October 5?

- On October 5, the Presidium of the Supreme Court will consider the submission of the Supreme Court on the revision of decisions on the arrest and extension of the detention, in particular, my client Gushchina. This is due to the fact that the European Court of Human Rights had previously decided , which recognized the violation of part 3 of Article 5 of the Convention for the Protection of Rights and Fundamental Freedoms when making these decisions. According to our legislation, this is a new circumstance and the basis for revising the decisions made.

What can be the outcome of the meeting of the Presidium?

- The outcome we expect only one - the abolition of all decisions on the arrest and extension of the guide.

Is there anything known about the movement of the complaints of other accused in the “swamp case”, among which there is your client Stepan Zimin ?

- The first decision on the guards was made in relation to three. According to the rest, as far as I know, the communication of the complaint is completed, we are waiting for the decision.

But with their arrests was the same situation, the court also decided to arrest without the proper reason?

- I think that this is a general situation for everyone, because our courts commit the same violations constantly, they do not pay attention to anything - neither the Convention, nor the Constitution, nor the Code of Criminal Procedure. Not later than yesterday, the term of detention was extended to the next “Bolotnik” Maxim Panfilov, my client. At the hearing, I directly indicated to the judge Arthur Karpov that on October 5 the issue of canceling decisions, including those made by himself, will be considered. This did not make any impression on him.

Is there any reason to expect that the presentation of the chairman of the Armed Forces can become a precedent and that with the corresponding decision of the ECHR in relation to other “swamp cases” arrested in the “swamp case”, the same ideas can be accepted?

- Undoubtedly.