Kirovles 2.0

Scenery

Judge Alexei Vthurin is constantly smiling. He is 41 years old, a thin, very short haircut, shaved whiskey, sharp ears-somehow immediately catchy. He is the only new person in the second process in the Kirovles case, the rest of the characters are the same as in 2013: the same prosecutors, the same lawyers, the same defendants. But this time there is practically no public, only a few Kirov supporters of Navalny and a couple of local journalists go to meetings, their Moscow colleagues rarely come. It is hard to imagine that three years ago the crowd literally stormed the doors of the court, the correspondents from the evening made up the line, and the hall was almost always small for the shooting, writing, transmitting the press from all over the world.

The state prosecutors, as in 2013, is Sergey Bogdanov and still young Evgeny Cheremisinov. Last time, they achieved a real term for Navalny and Officer, but the very next day after the sentence, the same prosecutor Bogdanov asked the court to release convicts from the pre -trial detention center before the sentence entered into force. However, the fact that not everyone has forgotten about the events of the summer of 2013, the prosecutors seem to be not embarrassed, they habitually mutter the case file and ask witnesses to template questions. Only Cheremisinov’s ears are constantly blushing.

And since the prosecution has not changed at all, the prosecutors and the court make the same mistakes that the European Court of Human Rights has already indicated, which recognized the violation of the right of Navalny and Officer to a fair trial

Accusation

And the accusation is also what was three and a half years ago. According to Navalny, before the trial, the co -founder of Dissernet, the physicist Andrei Zazakin proposed to check the new text of the indictment for plagiarism of texts of 2013. I did not have to check: prosecutors simply read out the old version. All documents in the case are also old. Even the certificate of the criminals of Navalny and Officer, which were announced by the prosecutors, was issued back in 2013 - although since then Navalny was tried and found guilty, for example, in the case of Yves Rocher, and he was completely tired of administrative penalties.

Witnesses

And in the first and second process, the same witnesses of the accusations, most of them are the former directors of the Kirovles forestry, who, as a rule, admit in court that no one abducted the forest. They do not remember the details, and the prosecutors with the permission of the judge read out the interrogation protocols drawn up by the investigator. These protocols states that the contract concluded by the “Vyatka forest company” by Peter Officer with the Kirov Regional State Unitary Enterprise (KOGUP) Kirovles was unprofitable for the latter.

When reading documents, amazing things are found-so, in the protocol of the interrogation of the director of the Slobodsky forestry Olga Grebneva, it is stated that at the meeting in 2009, where the forestry was supposedly discussed, the 30-year-old “son of Officer” was present. Peter Officer himself is now 41 years old. In court, Grebneva said that she did not tell the investigator anything like that.

“Then how do you explain the fact that this is written in the protocol that you read and signed?” - asked the lawyer of Officer Svetlana Davydova.

Grebneva’s answer: "I did not read it at all."

"That is, you did not read the protocol before signing it?" - specified Navalny.

Grebneva: "No, of course, everyone asked there faster than the blessings."

Navalny and lawyers addressed Judge Vtyurin to somehow respond to the apparent falsification of the case materials and recognize this protocol unacceptable evidence. Result? Who would doubt: the judge refused the petition. As a rule, refusing protection at the next petition, Vthurin brings to the face an open volume of the Code of Criminal Procedure, as if hiding his smile behind him.

One of the important violations discovered by the ECHR was the use of Vyacheslav Opalev in court in court as evidence of the guilt of Navalny and Officer, who in 2009 was the director of Kirovles. Opalev fully pleaded guilty to embezzlement, called Officer and Navalny accomplices of the crime and was convicted of a special manner, without researching evidence. The court sentenced him to four years conditionally.

This time Opalev again summoned to court, and lawyers could not get from prosecutors and judges for a long time: in what status will Opalev interrogate? He is a witness, accused, someone else? As a result, the prosecutor Bogdanov said that the ex-director of Kirovles is “a person with whom a pre-trial cooperation agreement is concluded.” The objections of the protection that such a procedural status is not provided for in the Code of Criminal Procedure, the judge ignored. He did not begin to warn Opalev about liability for false testimonies. Opalev, meanwhile, came to court without a passport, so he formally turned out to be nobody, an unidentified person. The judge sent him to look for a passport. Referring to the suffered heart surgery, Opalev asked to ban the video that makes him be nervous. The judge agreed.

In 2013, Opalev constantly referred to bad memory. “If there is in the protocol, it means that,” was his crown phrase. This time he was allowed to sit on a chair, and the former head of Kirovles, resting his gaze to the floor and tuging Okhsteshnik, once after time, with long pauses answered all the questions that he did not remember anything. Even when asked about what he was convicted, Opalev answered "I do not remember."

"And when will you remember?" - the lawyer of Davydova flared up.

“I hope I never remember again,” Opalev sighed, not taking his eyes off the floor.

Victims

The victim, actually KOGUP Kirovles, is represented by a new lawyer in this process - Larisa Agalakova - a short girl in a constant dark dress and with a bundle on her head. But the position has not changed - it completely trusts the charges. “The ministry (state property of the Kirov region, on the balance of which the KOGUP Kirovles is located), this position is formed, we have no reason not to trust the indictment,” as the requested, Agalakova answered all questions. At the same time, she refused to explain what specifically according to the ministry, on the basis of which it came to this conclusion and how this position formed. Only: "There is no reason not to trust the indictment."

Presidential candidate

Another difference between the current process that was in the summer of 2013 is that then Alexei Navalny was an opposition politician, and before the verdict was a candidate for the mayors of Moscow, and now, a week after the start of the process in Kirov, he intends to fight for the post of president of Russia. The right to participate in the elections returned to Navalny after the supreme court of the Russian Federation on the basis of the decision of the ECHR of the previous sentence in the Kirovles case.

A new sentence may take this right again. “Everyone in this hall is well aware of why the Kirovles case is going on,” Navalny does not tire of repeating. “Because the verdict for a serious crime takes me suffrage.”

Judge

It can be seen that Judge Alexei Vnterin likes to conduct this process. Usually he, judging by the Base "Rosovascularity", considers boring administrative and ordinary criminal cases of theft and drugs. Vtyurin constantly smiles, laughs at Navalny's jokes, when he Panibratus remarks: “You are sitting in what beautiful mantle,” and even plays along with these jokes.

“Do you know such a program“ Who wants to become a millionaire ”? There is a call to a friend there. You are in this process, my only friend, I call you, ”said Navalny, addressing the judge with a request to still get answers from all the forgotten Opuev.

"You can’t call the presenter there!" - picked up the joke of Vthurin. He did not seek answers from Opalev.

The judge only makes the question of the date of the next meeting - from the first days of December, when the process began, Vtyurin tried to consider the case as soon as possible. But after the Demarsh of Officer and Navalny, who did not come to court due to the fact that their defenders are busy in other processes, the judge seemed to come to terms with the fact that this was impossible, and agreed on the meeting schedule convenient for everyone.

Acceleration

After the New Year, everything changed. According to lawyer Vadim Kobzev, he knows that a meeting of the Council of Judges was held in Moscow, at which it was announced that all the courts where the defenders in the Kirovles case are busy should slow down the processes. And at the first meeting on January 18, Judge Vtyurin announced that the lawyers had “changed employment”, which means that the case can be considered daily, from morning to evening.

At this moment, Navalny’s lawyer Olga Mikhailova was sitting in court of the accused of the murder of Boris Nemtsov as a representative of the victims and looked at her smartphone in bewilderment - she did not know about any changes, weekly meetings on this process with the jurors were scheduled to the very end. An hour later, Judge Guritnikov announced an apologetic tone that he was forced to interrupt the process until February 1, since only in the hall, where the jury considered the case of the murder of Nemtsov, is there a video broadcast, and he is needed to consider another case (about the attack on Dubrovka). The next day, in the Leninsky District Court of Kirov, it was possible to observe how the bailiffs bring a telegram from different ships one after another - all the appointed meetings, in which the defenders of Navalny and Officer were to participate, were canceled.

Vtyurin constantly smiles, laughs at Navalny's jokes, when he Panbraitly remarks: “You are sitting in what beautiful mantle,” and even plays along with these jokes

Smiling, Judge Vthurin announced that he would appoint meetings for all the nearest working days.

After that, the defense told the judge two bastards in a row. The first was due to the fact that the judge is clearly not independent of other persons, considers the defense, otherwise it is impossible to explain the coordinated abolition of other meetings. The second - with the conversation of the court officers, which, according to the lawyer Davydova, took place on January 19 in the lobby of the Leninsky District Court: the employees were fussing among themselves that the chairman of the Lenin court Kirov Konstantin Zaitsev went to the Supreme Court of the Russian Federation and received instructions on the results of the consideration of the Kirovles case. “The chairman of Zaitsev recently went to the Supreme Court, and he was told there that Navalny and officers should receive real terms, they would not let anyone go,” Davydov quoted their words. Both taps of Vthurin
Rejected. Ex-governor of the Kirov region Nikita Belykh, who is now in the Moscow Lefortovo pre-trial detention center on charges of receiving a bribe, this time in court has not yet played, and is unlikely to be-the prosecutor's office refused to call him as a witness.

After the unexpected acceleration of the process, the prosecutor's office abandoned a number of witnesses and somewhat crumpledly completed the presentation of their evidence.