One court decided to suspend the case of Sergei Mokhnatkin, and another - to return it to the investigator

On December 23, the Isakogorsky District Court of Arkhangelsk decided to suspend the proceedings against human rights activist Sergei Mokhnatkin. On the same day, the Arkhangelsk Regional Court decided to return the case to the investigator. St. Petersburg human rights activist Grigory spoke about this on his Facebook page.

Mikhnov-Voitenko reported that the judge of the Isakogorsk court, Sergei Trenin, decided to suspend the proceedings due to the state of health of Sergei Mokhnatkin.

On the same day, the regional court was scheduled to consider an appeal to limit the time limit for familiarizing the defense with the case materials. Judge Evgeny Goldobov satisfied the demands of Mokhnatkin’s defense and decided to return the case to the investigator so that the defense could continue to get acquainted with the materials.

The investigator previously petitioned to limit the time for familiarization. The defense presented the investigation with medical documents that confirmed that Mokhnatkin could not get acquainted with the materials for health reasons. However, the court of first instance granted the investigator’s request, without notifying defense attorney Leonid Krikun of the court hearing.

Lawyer Nadezhda Kuzina explained that it is very difficult to return materials to the investigator if the court has already begun to consider the criminal case on its merits. This is possible only after the case materials are returned to the prosecutor's office:

OVD-Info

To return the case to the investigator, it is necessary to resume the proceedings and then, at the request of the party or at the initiative of the court, return the case to the prosecutor. In this case, the court must recognize that the violated rights of the defendant cannot be restored during the trial

However, even if these conditions are met, it cannot be guaranteed that the materials will be returned to the investigator. The decision to suspend the proceedings, Kuzina noted, further complicates the task.

• Sergei Mokhnatkin is a participant in the “Strategy 31” actions and a public defender in the “Bolotnaya case”. In 2014, he was sentenced to four and a half years in a general regime colony, having been found guilty of violence against police during the dispersal of a movement rally on December 31, 2013 on Triumfalnaya Square.
• After the verdict, Mokhnatkin was transported to the Arkhangelsk region, where he faced persecution from the Federal Penitentiary Service. A human rights activist was beaten, he talks about torture with gas. Then Mokhnatkin was accused of two articles - insulting a government official (Article 319 of the Criminal Code) and disorganizing the activities of a colony (Part 2 of Article 321 of the Criminal Code). In 2017, the human rights defender was guilty of disorganizing the activities of institutions that ensure isolation from society (Part 2 of Article 321 of the Criminal Code). The court sentenced him to two and a half years of strict regime, taking into account the previous term. IK-4 reported recognized - In December 2018, the Mokhnatkin court guards. In August 2019, he was charged with new charges under articles of contempt of court (Article 297 of the Criminal Code) and disorganization of the work of a correctional institution (Article 321 of the Criminal Code). released from being charged