
Activist Ildar Dadin, after liberation from the colony by decision of the Presidium of the Supreme Court of the Russian Federation, will require compensation for criminal prosecution, his lawyer Andrei Lipzer said. The right to rehabilitation automatically gives him the right to demand payment, the defender said in a commentary on the Radio Says Moscow .
Dadin spent almost a year under house arrest and even more than a year - in custody. “For this, monetary compensation for illegal criminal prosecution is relied,” Lipzer said to Kommersant . “It is difficult to say exactly what amount should be. Plus, it is still incomprehensible whether Ildar will use this right, since he is a specific person and, quite possibly, will not want to receive money from the state.”
However, if Dadin submits for rehabilitation, then the consideration of his complaint in the ECHR (complaint N10325/16) will be frozen until the situation is clarified. As explained by RIA Novosti, the editor -in -chief of the European Bulletin here, Yuri Bereestnev, usually lawyers must notify the ECHR of the changes in national courts in their client. And if the defense of Dadin "will pull, then the proceedings will be terminated" in the ECHR, he added.
Speaking about the prospects of complaints in the ECHR after the decision of the Supreme Court, Beresestnev pointed out that if Dadin "quickly fits rehabilitation, then, most likely, in the Strasbourg court the consideration of his complaint until the issue is resolved."
The fact of obtaining a complaint of Dadin in the ECHR was confirmed in early November 2016. The applicability of Rules 39 (preliminary court measures) and rules 41 (procedure for considering cases) of the court regulations regarding the complaint "Dadin against Russia" noted.
On February 22, the Presidium of the Armed Forces of the Russian Federation canceled the sentence to the only convicted person in Russia for repeated violation of the procedure for holding public actions and decided to release Ildar Dadin from the colony, close the criminal case against him and recognize his right to rehabilitation.
From the assigned punishment in the form of 2.5 years in prison, Dadin remained to sit out for about five months.
According to the Criminal Procedure Code of the Russian Federation, the decisions of the Presidium of the Armed Forces come into force from the day they are adopted and are not subject to appeal. Dadina must be released after the decree of the Presidium of the Armed Forces is delivered to the colony, where he was serving the deadline. Lawyers and wife Dadin hope that they will not pull with this and he will be released in the near future, perhaps on February 23.
Ildar Dadin became the first and so far the only convicted in Russia under Article 212.1 ("repeated violation of the established procedure for organizing or holding a meeting, rally, demonstration, processing or picket") after its emergence in the new version of the Criminal Code of the Russian Federation in the summer of 2014.