The Moscow City Court upheld the fine for a protest participant for fair elections

The Moscow City Court upheld the decision on a fine of 20 thousand rubles to Roman Pichuzhin, who was detained at a rally for fair elections on August 3, 2019. Pichuzhin's defender Alexander Lokhmutov, a lawyer from OVD-Info, reports this.

The lawyer spoke in detail about the case of Pichuzhin, whom the court found guilty under the article on violation of the rules for participation in the action (part 5 of article 20.2 of the Code of Administrative Offenses).

After the arrest of Roman Pichuzhin, they took him to the Tagansky police station, where the lawyer was not allowed. Pichuzhin explained to the police that he was a member of the election commission with the right to vote, and to bring him to justice under Article 20.2 of the Code of Administrative Offenses, the consent of the prosecutor was required. At about two o'clock in the morning he left the police station without any documents. The police said that they would cancel the protocol under Article 20.2 of the Code of Administrative Offenses, since they failed to obtain the consent of the prosecutor.

Later, Pichuzhin received the decision of the Tagansky Court by mail and found that the court found him guilty under Part 5 of Art. 20.2 of the Code of Administrative Offenses and imposed a fine. It turned out that the protocol and all the other materials regarding Pichuzhin were nevertheless drawn up, and witnesses signed them for him.

Lawyer Alexander Lokhmutov appealed this decision, and due to the lack of consent of the prosecutor, the Moscow City Court at the first appeal canceled the fine and sent the case for a new trial. In the district court, the review of the case was first postponed due to the coronavirus epidemic, then due to the lack of consent from the prosecutor. Lokhmutov noted that the defense got acquainted with the materials of the case and did not find the consent of the prosecutor in them.

Before the case was reviewed in the district court, the assistant judge said that there really was no consent from the prosecutor. When the meeting began, Lokhmutov asked to dismiss the case due to lack of consent, but the judge rejected the request, since the consent was allegedly in the materials. The judge refused to show the document and fined Roman Pichuzhin 20,000 under Part 5 of Art. 20.2 of the Code of Administrative Offenses.

In the decision, the judge of the Tagansky Court points out that the event of the offense and Pichuzhin's guilt are confirmed by evidence, the reliability and admissibility of which are beyond doubt, including video recording. There is no such video recording in the case file - perhaps it is just as secret as the prosecutor's consent to prosecute a voting member of the commission, Lokhmutov suggested.

The judge of the Moscow City Court on appeal agreed that perhaps the authorities' 20 refusals to hold the rally on August 3 were not entirely legal, but rejected all the motions of the defense and upheld Pichuzhin's fine. A protester's rights end where his right to walk begins and "not get caught," the judge noted, and declared that he would have withdrawn from the European Convention [on human rights] altogether. “Across the same Ukraine, the most natural, notorious fascist thugs are marching with torchlight processions,” the judge added.

The lawyer gives an excerpt from the audio recording of the meeting:

“Although I still would like to see, on the third of August the police officers still acted quite gently,” the judge reflects.

“Well, specifically Pichuzhin was strangled,” the defender objects.

“In the United States, they generally shoot people,” the judge dismisses.

• On August 3, 2019, a rally was held for the admission of independent candidates to the elections to the Moscow City Duma. Employees of law enforcement agencies severely detained and beat people who went out into the street. In total, according to OVD-Info, 1,001 people were detained . Many of them were then fined or arrested.
• due to the coronavirus On March 18, 2020, the Presidium of the Supreme Court restricted access to court buildings and suspended court hearings in certain categories of cases . By decision of the Supreme Court, from March 19, “persons who are not participants in trials” were no longer allowed to enter the courts. On April 8, these restrictions were strengthened .