Nationalist Vladimir Tymoshenko appealed to the ECHR

Tymoshenko claims that by sentencing him to two years in prison, the Russian court violated a number of his rights guaranteed by the European Convention on Human Rights.

On September 3, 2018, it became known that Vladimir Timoshenko, a native of Kislovodsk, in November 2017 year , sentenced by the Krasnogvardeisky District Court of St. Petersburg for inciting hatred towards the social group " employees of institutions and institutions of state power "(Part 1 of Article 282 of the Criminal Code) to two years of deprivation freedom in a strict regime colony, filed a complaint against the sentencing to the European Court of Human Rights. His interests in the ECtHR are represented by Lawyer of the International Human Rights Group "Agora" Damir Gaynutdinov. The complaint stated that the applicant's rights to liberty and security of person, freedom of expression and a fair trial were violated.

Tymoshenko had previously been convicted twice: in 2010 by the Novgorod Regional sued for plans to undermine the walls of the Novgorod Kremlin under Part 1 of Art. 223 UK (illegal manufacture of weapons), Part 1 of Art. 222 of the Criminal Code (illicit arms trafficking) and Part 1 Art. 30, part 1, art. 205 of the Criminal Code (preparation to commit a terrorist act), as well as in 2011 - by the Kislovodsk City Court under Part 1 of Art. 222, part 1 of Art. 223 of the Criminal Code.

Tymoshenko was accused of the fact that in January 2015, while in a colony in Novgorod region, he dictated by phone to his to the bride the text that she published on his behalf in the community "Slavic Power-Nord West Peterburg" in the social network "In contact with". The text was dedicated to " struggle " against " the anti-people regime of Putin and his power base - punitive and repressive apparatus "and contained a call" to inflict crushing blow "on this apparatus. According to the conclusion of the Center expertise of St. Petersburg State University, compiled by order of the investigation, this text had an offensive and humiliating nature in relation to the social group represented employees of institutions and institutions of state power, and was created to suggesting to the reader the thought of the need for reprisals against them.

We believe that the sentence under Art. 282 of the Criminal Code was issued to Tymoshenko unlawfully. First, from our point of view, employees of institutions and institutions state authorities do not constitute a vulnerable social group that needs protection in the form of anti-extremist legislation. Second, published the text contained only a call for an abstract " crushing blow ", but not for concrete action. In the diaries that Timoshenko kept and which were confiscated from him, he clarified what he meant by the punitive-repressive apparatus bodies of the Ministry of Internal Affairs, the FSB, the prosecutor's office, the Investigative Committee and the courts, as well as what it considers necessary overthrow of the regime through sabotage and military actions against law enforcement. However, these texts, in distribution of which Indeed, it would be possible to see the composition of a criminal offense, and at all not under Art. 282, and for other articles of the Criminal Code, were not published: perhaps Tymoshenko simply did not have time to hand them over. Thus, it cannot be ruled out that Tymoshenko had criminal intentions that he failed to realize. However wrongful persecution cannot be justified by the desire to suppress another crime.

Sources

• St. Petersburg citizen convicted of extremist post appeals to ECtHR // Fontanka.Ru. 2018. September 3.