"It was a gesture of despair"

Eduard Malyshevsky was given three years in colonies for the knocked out glass in the car

On November 9, the Tver court of Moscow sentenced another defendant in Moscow Case Eduard Malyshevsky. He was found guilty that he knocked out the glass of a car carrier that fell on a policeman, which was why he felt a “physical pain”. The “victim” did not receive injuries - “there was not even a bruise,” he said in court. None of the witnesses and the victim himself saw who specifically squeezed out the glass, no one was sure of the crime of Malyshevsky. However, the court considered these doubts to interpret in favor of the prosecution and sentenced the defendant to three years of general regime.

50-year-old Malyshevsky came to Moscow to work from Nizhnekamsk. On July 27, he was detained on Tverskaya Street and taken to a car zakak. As he admitted in court, this was the first protest action in which he participated. After the rally, the court appointed Malyshevsky 13 days of administrative arrest for petty hooliganism (part 1 of article 20.1 of the Code of Administrative Offenses). A month later, on August 30, he was again detained and sent to custody. The consideration of the case began a month ago, but judge Anatoly Belyakov was in no hurry with the process. He put off his hearings several times. At each meeting, Malyshevsky warmly met his support group, tried to joke, told stories in between the audience had come to visit him. Despite his age, he behaved naively and openly.

Malyshevsky’s debate, his daughter Maria, the former defendants in Moskovsky, Alexei Minyailo and Vlad Barabanov, the Higher School student Yegor Zhukov and Daria Blinova, the bride of Yegor Forest (previously sentenced to three years in the colony) came to support him. Everyone, about 70 people, could hardly fit inside the hall.

The meeting began with the performance of the prosecutor, who stated that Malyshevsky’s fault under Part 1 of Art. 318 of the Criminal Code of the Russian Federation (the use of violence in relation to a representative of the authorities) has been fully proven. Being inside the police car, the accused by his foot squeezed out the rear side glass, which fell on the commander of the department of the second operaspill Dmitry Astafyev. According to the prosecutor’s office, the defendant’s fault is confirmed by the testimony of the victim and witnesses, video recordings from the scene and written materials.

Malyshevsky’s lawyer Alexander Aldaev believes that the real term of imprisonment for his client is excessive punishment. “He is only guilty that he has an active civic position. The rally was peaceful, only in relation to the demonstrators was used inadequate force on the part of the police. Malyshevsky behaved peacefully and did not resist, ”said the defender.

He explained that this incident with a broken glass occurred after Malyshevsky saw the beating of people and was indignant, the defendant was not going to run away.

His client, continued the lawyer, did not apply violence to the police, since this word means direct physical impact, which in the case of Malyshevsky was not. “Only the shoulder hit the victim glass,” the defender added, recalling that earlier the Tver court considered similar cases under Article 318 of the Criminal Code of the Russian Federation and issued conditional terms.

“We have not a precedent right,” the judge interrupted.

The Malyshevsky fact of the knocked out glass recognized, but emphasized that he did not want to injure anyone. “The situation with the detentions occurred due to an incompetent decision of officials, the actions of the security forces provoked aggression. I ask you to take into account that my actions were committed during stress. It was a gesture of despair, ”the defendant said.

In his last word, Malyshevsky reflected on various “forms of mechanism in society”, said that officials should be interested in why people go to rallies. “I believe that I will bring more benefit at large, there is nothing to do in prison. She embittles and makes a person weaker.

I sent five letters to Putin, he did not answer him. I ask you to free me in the courtroom, ”Malyshevsky finished.

Judge Belyakov decided not to postpone the sentence and said that he would leave the decision from the deliberative room in a couple of hours.

“A thousand apologies that had to wait long,” Malyshevsky again welcomes the support group at home again, which went out for the announcement. This time he could no longer wave them - his hands were shackled behind his back in handcuffs.

The judge read out the verdict.

The bailiffs immediately began to expel everyone from the hall, several activists stood quietly and cried.

“All the best to you,” Malyshevsky said goodbye.