Dadin, Kotov, Galyamin

The case against the Moscow Mundee, who was fighting against the “zeroing”, was transferred to the court

On Wednesday, the Tver District Court, following the results of a preliminary hearing, left under the subscription about the non -passage of the municipal deputy Julia Galyamin. A criminal case against her was opened a few months ago. Politics are accused under the article on repeated violation of the organization of or conducting public events (Article 212.1 of the Criminal Code), the maximum term that threatens it is five years in prison. Due to the anti-epidemiological restrictions, the meeting was de facto closed. The correspondent of the "New" figured out what happened on it and what the politician was accused of.

The case against Julia Galyamina was opened at the end of July due to an action against amendments to the Constitution on July 15 on Pushkinskaya Square. As reported then on the website of the Investigative Committee, the cause of the persecution was the publication on the Internet of “slogans of various content” with a call to participate in an inconsistent rally. The case was brought under the "Dadin" article, since earlier Julia was already held accountable for committing offenses under Art. 20.2 Administrative Code of Russia (violation of the rules of participation in shares). In total, three episodes are charged with politics. Two of them occurred in July 2019, but court decisions on them entered into force only in February 2020. In the final version of the prosecution, the investigation also concluded that the politician organized the collection of signatures against amendments to the Constitution in order to hide the rally that was held on this day.

Now the case of Julia Galyamina will be considered by Judge Anatoly Belyakov - at the end of last year, he appointed real terms to the defendants in the “Moscow business” Eduard Malyshevsky and Danila Runner. During the meeting, the defense demanded to stop the criminal prosecution of the municipal deputy, but the judge Belyakov rejected the petition, calling him “premature”. At the same time, Galyamina’s lawyers Mikhail Biryukov and Maria Eysmont (previously participated in the process of activist Konstantin Kotov, convicted of a similar article), are confident in the innocence of the politician and the unreasonableness of criminal prosecution. As Biryukov explained to the “new”, the defense proceeds from the norms of the law and the decision of the Constitutional Court that for prosecution under Article 212.1 of offenses should be committed within 180 days before the last event, in this case, before the detention of July 15. At the same time, administrative offenses that were charged with Galyamina were committed more than a year ago, during the Moscow protests.

- Now the deviation of the petition is an organizational decision, but it determines the direction of the court. The prosecutor’s office unequivocally supported the position of the prosecution, she believes that it is possible to attract a person under Article 212.1 of the Criminal Code if he committed administrative offenses within a year. We believe that the position of the prosecutor’s office diverges radically with the law, ”says Biryukov.

Questions in the case are caused not only by discrepancies in the dates of shares with the terms established in the law. As lawyer Maria Aismont explains, according to the Constitutional Court, to attract repeated violations to attract the “Dadinskaya” article, the actions of the accused should have damaged the health of citizens, property of individuals and legal entities or the “real threat” of such harm. In Galyamina, they try to prove it in several ways. For example, for the threat of real harm to health, the investigation considered the access to the roadway of the participants in the march that passed after the signature collection,

And as evidence of damage in the case file, there are complaints of three restaurants against the revenue lost due to the action.

- This does not apply to Galyamina: she urged people to go only to Pushkinskaya Square. Setting signatures and disperse. And at the same time, she did not leave the Pushkin Square, she did not participate in any procession, did not know about him and did not speak about him anywhere. And we have a bunch of videos in the case, wiretaps. And nowhere is a word about the procession. It’s just that some part of those who came to Pushkinskaya then decided to go shout, ”says Eismont.

In the case, the epidemiological situation also plays its role. Despite the fact that the self-isolation and access regime in Moscow was canceled on June 9, long before the action, for the investigation it remains the reason for the prosecution of Galyamina to go out in July-in the midst of the Covid-19 epidemic.

- We are shown a video where many participants in the collection of signatures without masks and do not observe a social distance. But they forget that from July 13, they officially abolished the obligatory wearing of masks on the street, leaving them obligatory only indoors, ”continues Eismont.

At the same time, as the lawyer says, the investigation to prove the guilt of Galyamina even sent a request to Rospotrebnadzor to find out the presence of infected with Covid or transferred to him among the detainees on July 15. Rospotrebnadzor did not reveal them. The rally did not affect the number of infections: if you look according to the graphs, there are no special differences between the incidence before it.

- The investigation proves the existence of a threat just like that: since the epidemic has not ended, it means that the probability of infection was still.

At the same time, in response to a request, whether at least one of the 150 detainees was infected by Kovid, the investigator received the answer that not a single person was infected. But they say they could, ”the lawyer concludes.

According to Aismont, in the case against Galyamina, investigators perform "work on the mistakes." A year ago, to prove guilt under Article 212.1 of the Criminal Code, it was enough to say that inconsistent shares interfered with the passage of citizens and thereby created a real threat of harm. This is how it was done in the case against Konstantin Kotov, whom the court sentenced the court in 2019 to the four years of the colony (in April 2020, the Moscow City Court reduced the term of to one and a half years).

- They saw that it works poorly. Public opinion in Russia and abroad is on the side of Kostya Kotov, since he does not see the threat that he left the crossing and walked along the square. Now the investigation is trying to more carefully and formally prove the existence of damage. Or the very threat of damage, ”concludes Aismont.

Another application of the defense, which the court also refused, was to postpone the consideration of the case to a later date, after the removal of anti -epidemiological restrictions. On Tuesday, the Moscow City Court partially changed the operating mode of Moscow courts due to the incidence of COVID-19. Despite the fact that

All registered cases will continue to be considered in accordance with the schedule, access to the courts of courts will be closed to persons who do not participate in the process, including journalists.

“In principle, I agree with the decision to close the courts,” Galyamin argues. - When in the country such a situation with the epidemic seems logical for the courts to cease active activity, but the problem is that now it violates the right of society to open access to judicial information, not to mention my rights. I am a municipal deputy, I only have voters, at least 70 thousand people, not to mention my supporters. In this situation, this cannot be perceived as a normal situation.

According to the lawyer Biryukov, the court argued his refusal by the fact that the case should be considered "within a reasonable time." At the same time, the lawyer agrees that the introduced “quarantine regime” in Moscow courts will not allow citizens to take part in meetings as listeners, and to illuminate the process, thereby violating the principle of public proceedings.

- We hope that the court will nevertheless consider this petition at the next meeting, because the refusal may be a very serious argument for the European Court of Human Rights. In addition, if on October 21 ( the following meeting is scheduled for this date. - Ed . ) A lot of people will come to the court building, masks and in compliance with the social distance, this will also be an argument for the transfer of the meeting. Now the court is based on its refusal that quarantine restrictions can already be removed by the next meeting, ”the municipal deputy continues.

Julia Galyamina herself defines the case against herself as a politically motivated one (it is worth noting that they began to monitor the deputy long before the start of criminal prosecution, back in mid-June of this year, the Moscow City Court issued a decision allowing to listen to her phone). This can be judged by the applied article (212.1 of the Criminal Code for six years of its existence, twice became the subject of study in the Constitutional Court), as well as in the upcoming elections to the State Duma.

- I am one of the few who opposed the idea of ​​zeroing and endless terms of President Putin. Unfortunately, most other politicians did not want to do this.

In addition, I am a female policy, and now you can observe the serious fear of women in politics, because their reputation is higher.

The female force was initially not at all violent, not brutal, not cruel. This is the power of moral morality, and this is very afraid of [the authorities]. They themselves do not have this, ”says Galyamin.

If earlier the consequences of the trial did not seem too serious, now Galyamin is inclined to the fact that the threat of a real term really exists.

- Before they poisoned Navalny, I evaluated these chances rather low. I thought it was impossible. But now I understand that such a situation is quite possible. As people who communicate with the authorities tell me, now she has a real fear. Fears dictate to people to do irrational things. For example, planting me is quite irrational, but this is quite possible, ”the politician summarizes.