
The defense of the teacher of the kindergarten Evgenia Chudnovets filed a complaint with the European Court of Human Rights. According to Kommersant, this was announced by the lawyer of the international human rights group "Agora" Damir Gainutdinov.
"We believe that Article 6 (the right to a fair trial) and Article 10 (freedom of expression) of the European Convention on the Protection of Human Rights and Fundamental Freedoms are violated," Gainutdinov said.
The complaint states that the world -man regularly published on social networks, including in the VKontakte group created by her, videos dedicated to various relevant topics - abuse of officials, violations of consumer rights in the city stores and the like - in order to attract public attention to the problems of the city and violation of the rights of local residents. A Chudvetsov was reposting a video from a children's camp, laid out to her acquaintances into this group.
The group members discussed whether some measures could be taken on this fact. At the same time, five hours later a wonderful, a video deleted a video.
According to Gainutdinov, the key in the complaint in the ECHR was a miracle statement that she did not really understand who was shot on the video. “In fact, in a video that lasts three seconds, it is hard to see what happens. It is clear that a person stands with his back, but it is difficult to determine the gender and age. Evgenia Chudnovets herself spoke about this during the trial in the case of counselors and during the court in her case,” the lawyer said.
He emphasized that the Cassation Court refused to consider their complaint. “Even the Prosecutor General’s Office admitted that the verdict was unfair,” Gainutdinov recalled. He pointed out that if the court agrees with the Prosecutor General and the verdict is canceled, the ECHR will not consider the complaint filed, and if Evgenia Chudnovets remains in the colony, this will be one of the confirmations of the violation of its rights for the ECHR.
According to the lawyer, Chudnovets Alexei Bushmakov, "making a cassation representation in the Armed Forces guarantees nothing." Nevertheless, he indicated that the five -month period appointed by his client expires on April 7, and expressed the hope that the decision to cancel the sentence will be issued until March 8.
Last Thursday, Deputy Prosecutor General Leonid Korzhinek introduced a cassation entry to the Supreme Court for the verdict of Chudnovets. "The submission raised the question of the cancellation of the sentence and the termination of the criminal case for the absence of the corpus delicti," the report says. As explained to the Prosecutor General’s Office, such a decision can be made by the Kurgan regional court if it agrees with the proposal and excites cassation production.
34 -year -old Chudelovets - a resident of the city of Katayska Kurgan region. She worked as a kindergarten teacher. In August 2015, in her closed group in Vkontakte, a Chudnovets made a repost of a three-second video, in which educators of a children's camp in her city are mocking a naked 10-year-old child. The teacher called it "egregious occasion." In less than five hours, she deleted the record. However, the investigator managed to make several screenshots.
On July 21, 2016, the case was opened against the miracle, “A”, “B” Part 2 of Article 242.1 of the Criminal Code (the manufacture of pornography with the participation of a person under the age of 14, committed as part of a group of persons by prior conspiracy). The teacher was put on the federal wanted list and detained in Yekaterinburg, where she came to see her relatives. The Chudnovets was transferred to Kataysk for interrogation, after which they left under the subscription about the lower room.
The process held in the Kataysky District Court was closed from the public and the press. On November 8, the chairman of the court Vladimir Borychev sentenced Chudelovets to six months of general regime. The convicted person was taken into custody in the courtroom. The prosecutor in the debate demanded for the defendant five years of general regime.
The verdict of the world caused a wave of indignation in society. Against this background, on November 18, Oleg Sedelnikov, deputy prosecutor of the Kurgan region, filed an appeal to the regional court about the replacement of the convicted real term by a year of service with the retention of 15 percent of the salary in state revenue.
However, on December 22, the Kurgan Regional Court, having examined the submission of Sedelnikov in one meeting with the appeal of the lawyer Bushmakov, who insisted on justifying his client, limited himself to reducing the convicted time for a month .
On February 13, it became known that she refused to petition for pardon . “The request for pardon is still a confession of guilt,” her civil husband Andrei Myasnikov explained the position of the convicted person. “We lose the opportunity to sue further, the possibility of rehabilitation.”
On February 15, the Kurgan Regional Court refused to accept the cassation appeal of the defense and cassation submission of the prosecutor's office for the verdict of Chudnovets. According to the assistant to the chairman of the court Vasily Shalai, neither the defense nor the prosecutor’s office presented new arguments and did not point out the newly opened circumstances, so there are no grounds for revising the sentence.
Bushmakov promised to file a new cassation appeal - already to the Supreme Court. “In addition,” the lawyer added, “is almost ready a complaint to the ECHR. It will be sent on this or next week.”
Chudnovets is contained in IK-6 in Nizhny Tagil. She had a young child at large.