Lev Ponomarev: "The Constitution is raped publicly"

"In front of the amazed public. The three of them were raped. First, the investigation, then the prosecutor and the judge. Probably someone else led the process. As it is now customary," unidentified persons ", among whom, perhaps, was the chairman of the Moscow City Court Olga Egorov. For 4 years 6 months, the state accusation for Konstantin Kotov was requested . Facebook .

“I came there to testify as a witness, in agreement with a lawyer. Because I saw Kotov, talked with him at that gathering near the FSB building, which I initiated, and then turned into one of the episodes, with the permission of the“ criminal case ”against the bone. Yes, we went with him in the subway to this action.

And they didn’t even interrogate me. Like one and a half dozen other witnesses. Who saw and even removed how they detained Kotov. They also refused to introduce records of surveillance cameras received at a lawyer request.

But this is a criminal case, up to 5 years in prison. This is the Criminal Procedure Code in which there is article 271, part 4:

"The court is not entitled to refuse to satisfy the request for interrogation at the hearing as a witness or a specialist who appeared to the court at the initiative of the parties."

I tried to talk with the prosecutor during the break, who, by law, was responsible for both the rule of law and the charge. The question of whether Kotov caused any real harm, the prosecutor considers it not related to the case at all, he is enough for him only the fact of Kotov’s participation in protests.

He is accused under Article 212.1 of the Criminal Code of the fact that he was delayed more than three times and punished for participating in peaceful protests, and nothing more. Regarding the application of this article, the Constitutional Court has been expressed quite definitely (see Decree No. 2-P of February 10, 2017):

"The prosecution of a person to criminal liability for a crime under this article is possible only if a violation of the established procedure for organizing or conducting a meeting, rally, demonstration, processing or picket has entailed causing causing or real threat of harm to the health of citizens, property of individuals or legal entities, the environment, public safety, public security or other constitutionally protected values ​​".

"The offensive of criminal liability for the offense, motivated by the only time to commit, goes beyond the boundaries of the constitutionally permissible criminal law restriction of human and freedom of man and citizen."

It was the prosecutor Yaroslav Myts who had to demand the execution of the decision of the Constitutional Court and refuse to maintain such an accusation.

With Judge Stanislav Minin, who drove off in two days a process who, under normal conditions, lasts at least half a year that refused to interrogate most of the witnesses and gave no more than an hour to prepare for the judicial debate, it was not possible to talk. But is it worth trying? ..

“You did not even give us a night to prepare speech, asking for a person 4.5 years in prison,” said Maria Aismont, a bone lawyer.

“I believe that these actions are digging a grave for itself. If legal forms of protest are prohibited, sooner or later on the streets of the city we will see not peaceful actions, but the uprising of the people. I don’t want this. None of those who went to peaceful events with me also want this. Therefore, we must fight to our right and your right,” Kostya said in the last word.

The constitution was raped today. This happened before, what can I say, but today it was done especially openly, defiantly cruelly and pimping. The prosecutor, judge, investigators, a lot to you probably got away with it, and would have gotten away more than once. But we will not forgive you for this.

The name of the constitution raped by you. "