
The defense of the leader of the Party of Progress Alexei Navalny filed a complaint about the non -compliance of the ECHR of the ECHR in the Kirovles case to the Committee of the Council of Europe. It is reported by Kommersant.
Lawyers Olga Mikhailov and Karinna Moskalenko believe that the Supreme Court, refusing to justify Navalny and sending the case for a new consideration, only formally fulfilled the decision of the ECHR. According to the defense, the Supreme Court ignored the ECHR indication of the issue of the political persecution of Navalny and the connection of this persecution with the "anti -corruption campaign aimed at high -ranking officials".
"The applicant has no doubt that the new consideration of the case will lead to his conviction that he will not allow him to put his candidacy in the upcoming presidential election, as was done during the parliamentary elections," the complaint says.
In addition, the complaint noted that the aircraft sent the case of Navalny to a review contrary to the conclusions of the ECHR that “criminal law was arbitrarily and unpredictable to the detriment of the applicant,” “the incriminated acts were indistinguishable by the usual intermediary business and according to Russian laws” could not be interpreted as crime. ”
In 2013, Navalny received in the case of Kirovles for five years conditionally with a fine of 500 thousand rubles. His accomplice was given to the businessman Peter Officer for four years conditionally, also with a half -million fine. In February of this year, the ECHR recognized the violation of the right of Navalny and Officer to a fair trial.
“The court found that as a result of the allocation of a criminal case against an accomplice of the theft accused of conspiracy with the applicants and his conviction in the order of special proceedings, the applicants were deprived of significant guarantees of their right to a fair trial,” the document was noted. “In addition, the Russian courts found the applicants guilty of a crime that consisted of committing actions irreversible from legal entrepreneurial activity; In other words, an arbitrary interpretation of the law was allowed in violation of the rights of the accused. "
On November 16, in connection with this decision, the Presidium of the Supreme Court abolished the verdict and returned the case to re -consideration to the Leninsky district court of Kirov. "The Presidium of the Supreme Court actually refused to fulfill the decision of the ECHR: they did not stop the case, but sent it for a new consideration," Navalny wrote then. He stated that he intends to pay attention to the Committee of Ministers of the Council of Europe to the decision of the Armed Forces.
On December 5, the judge of the Leninsky District Court Kirov Alexei Tyurin refused to terminate the criminal case against Navalny and Officer.