Translated material
The whole thing is a continuous doubt
The Moscow City Court upheld the sentence to Kirill Zhukov - three years in the colony for a wave of his hand at the helmet of the Rosgvardez. Reporting Christina Safonova
On October 9, meetings were held in the Moscow City Court on the appeal of the defendants in Moscow case: Ivan Podkopaev, who previously sentenced by the Tversky district court to the three years of the colony for spraying a gas spray to the person of two law enforcement officials, and Kirill Zhukov. Zhukov also received three years in a colony - for touching the rosm of the Rosgvardean Askarbek Madreimov. The sentence was a little softened to Podkopaev, the second convicted was left unchanged. Kristina Safonova Special Corps spent a day in the Moscow City Court and found out that Zhukov did not even touch the employee of the Russian Guard, and the victim had no complaints about him.
“You are 217th,” the bailiff calls the hall in the Moscow City Council the defendant of “Moskovsky” Alexei Minyailo , who came to support Kirill Zhukov. In the room with this number, a direct broadcast is organized from the courtroom-the bailiffs try not to let those who held pickets by the court or shouted something at the meetings at the meeting. Moreover, the poster sticks out from the activist’s backpack. “Someone 217, and someone 318 ,” Minyailo answers with a smile. In addition to him, Aidar Gubaidullin and the mother of Danila, the fugitive Lyudmila, who were convicted in two years, came to court from solidarity.
The meeting on the appeal of Kirill Zhukov begins with a delay of two and a half hours - before that, judge Elena Lavrova and the prosecutor Alexei Radin considered the case of another participant in the “Moscow case” Ivan Podkopaev. The 25-year-old technical employee of the library, who refused to admit the guilt in the attack on the police, was reduced from three years of the colony to two during the appeal.
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28-year-old Kirill Zhukov was not taken to court-he is participating in a meeting from a pre-trial detention center from a video. The screen is divided into four parts: the courtroom, the darkness, an unknown prisoner and Zhukov. Its camera seems green, because of the angle and lighting you can see the grate and the black silhouette behind it.
Zhukova’s lawyer Svetlana Baiturina asks the court to investigate a helmet from the equipment of the Russian Guard at the meeting. Her client is accused of causing a pain to an employee of the power department when he touched his helmet, but the court of first instance refused her to study the uniforms of the Rosgvardists. The judge of the Moscow City Court is also against: “We have a different stage . You yourself know the process. " “Without a helmet, all this is pointless, I cannot realize my right [to protect Zhukov],” the lawyer explains.
Baiturina has several more petitions, including watching a video from a rally, which was provided by an eyewitness to her Matvey Zaslavsky (this video was not studied before). And also about the interrogation of Zaslavsky - before that, the defense had no witnesses, the case was built on the testimony of the victim Rosgvardisian Askarbek Madreimov and his colleagues. At the same time, the lawyer notes, they changed testimony several times.
The prosecutor, leaning back in the chair, carefully looks at the lawyer. From the speakers of the screen broadcasting a picture from a pre -trial detention center, a noise comes all the time.
Baiturina herself, without satisfaction of the petition of the Tver court, managed to get a helmet similar to what the employees of the Russian Guard use. The lawyer before an appeal in the Moscow City Court conducted and recorded an experiment on the video whether her client could hurt the Russian Guard. For experience, Bayturina specifically invited three people who were not related to Zhukov’s business, and, according to her, the experiment showed that Zhukov could not harm the employee of the Russian Guard. The defender even brought her helmet she had received, but the bailiffs did not let her go into the hall with him. She asks to repeat the experience in the courtroom.
In addition, the lawyer petition for a medical and forensic examination to verify whether the victim could have pain in the situation described in the sentence.
Judge Lavrov announces a break for half an hour. In the corridor, the lawyer sends reporters a video of the experiment. Three people take turns putting on the helmet of the Russian Guard. If it is fastened to the strap, then when touched or hit the embrace, it opens. If the strap is unbuttoned, it also rises, and the helmet moves to the crown. In the video from the case file, the victim Rosgvardisian Madreimov was taken away all the time.
After the break, the meeting continues. The prosecutor Radin does not agree with the motions of the defense: “The helmet is not an instrument of crime. There is no need to prescribe a medical and forensic examination-this request does not bear any semantic load. Other evidence is enough to make a decision. ” Its speech from time to time dries the noise from the speakers: in one of the chambers of the pre -trial detention center, several prisoners brought at once.
The court agrees with the prosecutor in everything except one - the judge decides to watch a new video from the rally. It is included on the computer of the court secretary. Screams are heard: "Nazis, fascists!" Nobody sees what is happening on the screen on the screen.
Baiturina comments: “The Russian Guard looked down, did not expect that someone would [in front of him] do [wave]. He recoiled from surprise. It was taken as closed, it remained. Further, they [the employees of the Russian Guard] in the coupling both stood and continue to stand. If he regarded this action as an attack, he could do something. ”
The speech of the lawyer interrupt the voices of prisoners of the pre-trial detention center-they tell something to each other and laugh. Zhukov complains that he does not hear anything. “We will try to hear us,” the judge Lavrov reacts and asks the prisoners to be quieter.
“I believe that the verdict against Zhukov was made completely illegal and strict,” says Baitorin’s lawyer. - I understand everything: the Russian Guard, all things. But there must be reasonable concepts of justice. The victim did not apply physical strength, because he perceived the action of [Zhukov] as a provocation. Witness Matvey Zaslavsky saw everything and claims that there was no even contact [the hands with the hare]. ”
The prosecutor Radin insists that the sentence is “legal and justified”, and the punishment is “fair and proportionate”. He also notes that the video demonstrated at the meeting once again confirms Zhukov’s guilt.
“From the video [which considered the Tver court] nothing is clear. In the video [taken by Zaslavsky] everything is visible in a slowed editor. What are you so disgraced by the Rosgvardeytsy, ”says Baitorin.
Kirill Zhukov performs with the last word from the camera of the pre -trial detention center: “Your honor, I want to remind you that the task of justice is not only accusatory sentences and fines. The justification of an innocent person is the same task of the court and the judge personally as Kara for sins. ” He speaks of the presumption of innocence and recalls that the victim Rosgvarder at a full -time rate said that he had no pain and dodged a blow, that is, Zhukov did not even touch him. And in the courtroom, an employee of the Russian Guard said that he regarded the actions of the defendant not as an attack, but as an attempt to attract attention. And that the victim has no complaints.
“[Madramimov] said to give me a second chance,” Zhukov continues. “I don’t need a second chance, because I am absolutely innocent.” He recalls that all the doubts of the court can and should be interpreted in favor of the accused. “The whole thing is a continuous doubt. I believe that any sentence, except for the acquittal, will be a mockery of the court, as well as shame, ”he concludes.
The court is deleted to make a decision. On the broadcast screen, one of those who are in custody appears from the pre-trial detention center, but not related to the case of Kirill Zhukov. “Good evening,” he addresses everyone. “Good,” they answer him. He sighs heavily.
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The verdict to Kirill Zhukov Mosgorsud leaves the colony for three years. One of the listeners whispers: "Bitch, creature."
"Do you understand the solution?" - Judge Lavrov asks Zhukov. “Yes, your honor, if you can call you so,” he replies.
According to lawyer Bayturin, Zhukov plans to apply to the European Court of Human Rights.
Kristina Safonova