Lawyer Ivan Pavlov: Sales and housewives cannot

Around the cases of Gosizmen (275 article of the Criminal Code, from 12 to 20 years in prison), scandals almost always arise. Each time it turns out that the reason for criminal prosecution is extremely absurd, and they are judged by random people. “Team 29” is an organization that protects the chased 275 of the Criminal Code. The head of the “team”, lawyer Ivan Pavlov, spoke about the “betrayal” affairs of the OTD-Info.

In such cases, there are all the same problems as in any Russian criminal cases: the pressure on the accused and their relatives, the court refusals to attract independent experts, violations of professional rights of defenders, etc. But there is a feature: they are conducted by the FSB, all stages of the case are under the control of this special services. The main evidence in the case will be a certificate that the FSB will give, experts with admission to GOSTIN who work with the FSB will be examined, special services will be witnesses: everything will be based solely on the fact that the FSB considers someone guilty.

In cases of state security, they strive to classify everything that is possible. The defenders of the accused in the Stateizer refuse to introduce the secret regulatory acts, which are accused of their client, do not allow even uncity documents to copy, the court refuses to hold open meetings in the part that does not affect Gostaine.

The reason for the emergence of such a case can be any : undercover wars, the desire of an FSB officer to advance in the service, ordering to search for enemies, citizens of a particular state or Russian citizens who allegedly spied on such a state.

The accusations are often absurd. For example, the former member of the Inter RAO board Karina Tsurkan is charged with the program of the Moldavian special service of a certain document. The prosecution does not say anything about how she received it, nor about how, when she handed over to whom.

An acquittal of such an article in modern Russia was issued only once , in the environmental of Alexander Nikitin, in which I was lucky to take part. The cessions happened twice - in the affairs of the many children Svetlana Davydova, who was accused of Gosizman for a call to the Embassy of Ukraine, and the sailor of Sergei Minakov, who allegedly handed the Ukrainians information about the Black Sea Fleet. But in our affairs there were other cases that can be called, if not victories, then success. I can include three presidential pardons in the affairs of the state treason for SMS in Georgia - Oksana Sevastidi, Marina Dzhanzhgawa and Annik Kesyan. In addition, in the cases of SMS, Oksana Sevastidi and Inga Tutisan, the Supreme Court revised the verdict that recognized the defect of the previous instance and significantly reducing the term of punishment. The same relatively mild punishment was achieved in the Supreme Court in the case of engineer Gennady Kravtsov.

Affairs of the Stateizer are associated with a huge number of violations of the rights of the accused. They have an overwhelming level of lawlessness from the special services. Many of the accused under psychological, or even physical pressure, give confessions, which become the basis of the case.

We never refused to get down to the matter because the accusation is justified. Firstly, we did not meet such cases. Secondly, if the lawyer considers the prosecution justified, he has something wrong in professional terms. I have no such problems, and I love and respect my profession. It is impossible to leave the accused under the 275 article without professional protection, no matter how much our procedural opponents would like. FSB investigators very often discourage the accused from our participation as defenders. I must admit, sometimes they succeed.

It is worth going to the ECHR in any case. The rights of the accused under such articles are constantly violated, and often the ECHR confirms this - it is worth recalling, for example, decisions on the affairs of the "Stateizers" Igor Sutyagin or Valentin Moiseev. In an ideal world, after a positive decision of the ECHR, the case should be revised. Another question is that the ECHR has been considering such complaints for a very long time, therefore, by the time he recognizes violations, one can quite have time to leave the term of imprisonment.

The article about the Stateizer is so blurred so that anyone who supports some contacts with foreigners can be held accountable for it. It is necessary to change the legal regulation of state secrets. Today, this seemingly legal category is regulated by non -legal means - secret regulatory acts. It is necessary to limit the subject composition of persons who may be brought to criminal liability for the Stateizer. It is impossible to allow the salesmen from the market, housewives and other random people who have nothing to do with foreign special services for the Stateizer. All this is half a bastard: even what is now is simply not respected by employees of the FSB, insulators, prosecutors, courts. Civil control over such cases. An independent advocacy could become an institution that would engage in control.

There are, perhaps, in most states. Practice for them, like formulations, vary very much, but neither in Europe nor in the USA there is no habit of judging such crimes of people who have nothing to do with state secrets or intelligence. In addition, the number of such cases is usually significantly lower: as far as I know, in the United States, since the late 1990s, only one thing was initiated by state treason. However, since official statistics on such articles are not published in many states, it is difficult to judge this.

According to the article on the Stateizer, both scientists and former employees of the special services, and the people who simply fell under a hot hand were accused at the wrong time and in the wrong place. The trends are obvious: a sharp surge in cases of stateisms and espionage in favor of Georgia-after the Russian-Georgian conflict of 2008, and in favor of Ukraine-after Crimea. During the conflict with Georgia, residents of the border regions were most went to the most, now criminal cases of Stateizer are often instituted in the Crimea.

They are always associated with foreign policy. Since our country is now in a state of war, our state acts according to the laws of wartime - there are enough those who come to hand, is not trying to understand. In addition, spy processes in the internal hierarchy of criminal cases of the FSB are one of the main ones. An employee after participating in such a case can count on an increase. Therefore, they are motivated to initiate more matters of 275 Criminal Code.

I personally have not been to the events of the Security Council or the College of the FSB, which, they say, give out to order under this article, but I can well believe in their existence. But there is a probability that the “initiative” local employees feel the “trend” and try to grab onto it to advance in the service.

I can advise the accused of Gosizman and their loved ones: do not trust the investigator who will persuade you to be silent and not tell anyone about the case, to intimidate that it will only be worse. Look for a good lawyer - on the advice of acquaintances, human rights organizations, those who have already encountered similar matters. Contact journalists and human rights activists, tell them about what is happening. Often publicity helps.