Rallies that are not dangerous to society: why did Vyacheslav Yegorov illegally have a matter

On March 26, the court recognized the initiation of proceedings against the Kolomensky activist Vyacheslav Egorov, who opens against the garbage training ground. Egorov is accused of repeated violation of the rules of rallies (Article 212.1 of the Criminal Code). According to the defense, the court had every reason to recognize the persecution of Egorov unreasonable. But this did not happen.

Maski machine gunners and rallies' business

At the end of January, in Kolomna, the activists of the “no landfill of Kolomna” were searches . As it turned out, they were carried out in a criminal case on repeated violation of legislation on rallies against Egorov. The activist himself was detained and held for more than 48 hours without a court decision. According to his wife, in the morning of January 31, about a dozen security forces came to their house, including masked machine gunners.

Seven activists were taken to the police, interrogated as witnesses in the case and released. Egorov became a suspect, and on February 2, the Kolomenskaya city court sent him under house arrest .

The reason for the initiation of the case was four administrative protocols drawn up for an activist in 2018. In May, the court gave Egorov 30 hours of compulsory work, considering him guilty under Part 5 of Article 20.2 of the Code of Administrative Offenses (violations of the procedure for the rally by the participant). In June, the activist found himself for three days in a special -reception, this time already in part 6.1 of Article 20.2 of the Code of Administrative Offenses (violation of the procedure for conducting a rally that entailed interference to transport). On August 22, the court appointed Egorov 25 hours of compulsory work under part 2 of Article 20.2 of the Code of Administrative Offenses (organization or conduct of an inconsistent rally).

According to the fourth protocol under part 2 of Article 20.2 of the Code of Administrative Offenses drawn up in December, administrative proceedings were stopped in order to institute criminal proceedings. The reason was Egorov's article on Yandex. Zen ”with an appeal to come to the court, where the administrative cases of Gennady and Dmitry Gudkov were to consider.

On February 7, Egorov was charged . According to his lawyer, Maria Aismont, there is everything in the materials of the case to stop the criminal prosecution of her client.

Investigative secret and house arrest

In February, the Moscow Regional Court examined Aismont’s complaint about the decision of the Kolomensky city court in closed mode. According to Aismont, there was no reason to close the meeting. The court in Kolomna on February 2 was also held closed, but there, as the lawyer says, the prosecution referred at least to the “investigative secret”.

“Although it is not clear what the investigative secret can be there,” Eismont says. - All the documents that are in the case file are open documents, court decisions, they can be found in the open base.

On March 21, the court extended the house arrest Egorov. This time the meeting was not closed. Olga Mirzaeva, the wife of Egorova, said in court about how house arrest takes place: children do not have Internet access, and a family of six lives at the expense of a pension of the defendant’s mother - 15 thousand rubles a month. The judge did not take into account these arguments, because at the last meeting relatives agreed to the house arrest of Egorov.

Dangerous rallies and the legality of persecution

The only convicted under article 212.1 of the Criminal Code, which is charged with Egorov, is the opposition activist Ildar Dadin. In December 2015, he was sentenced to imprisonment, and in February 2017 the Supreme Court abolished the sentence and released Dadin. This happened after the activist’s messages about torture in the colony that caused a wide public outcry.

About two weeks before the abolition of the sentence, the Constitutional Court stated that it should be applied to article 212.1 of the Criminal Code only if a “violation” imputed to a person was dangerous to society.

The Presidential Council for Human Rights (HRC) admitted that in the actions of Egorov there is no public danger. The author of the conclusion for the HRC, the head of the judicial practice of the Institute of Law and Public Policy, Grigory Vipipan explained in a conversation with the ATS-Info that the last offense of Egorov did not represent a “criminal public danger” in accordance with the decision of the Constitutional Court:

“In the case of Egorov, on the fourth episode, an administrative offense was originally drawn up for him under part 2 of article 20.2. The Constitutional Court directly writes in the decision in connection with the Dadin case that this part is not dangerous. At the same time, the resolution does not have a clear answer to the question whether the previous offenses should be dangerous. The KS only says that it is impossible to bring to criminal liability if the fourth violation is not dangerous. He does not say whether it is possible to involve 212.1 if the previous three are non -hazardous. ”

The reference of the HRC also states that the decision to institute criminal proceedings is illegally and is subject to cancellation:

“From the contents of this publication, Egorov V.V. We can conclude that it was aimed at informing the public about the time and place of open court hearings in the Kolomensky City Court of the Moscow Region. The publication does not mention the intention of Egorov V.V. Conduct any public event <...> therefore, in the actions of Egorov V.V. There is no intent as an obligatory element of the corpus delicti under Article 212.1 of the Criminal Code <...> ”.

On March 26, the Grandmother's District Court examined the complaint of the lawyer Egorov Maria Eysmont. Before making a decision, the court introduced the expert opinion of the HRC to the case. Nevertheless, the court recognized the trial against Vyacheslav Egorov legal.