Earlier we made an inaccuracy in the news, we apologize. OVD-Info wrote that the activist, detained during the rally on Lubyanka, was groundlessly charged with repeated violation of the rules of holding protests (Part 8 of Article 20.2 of the Administrative Code). Of course, in our opinion, the mere involvement of peaceful protesters under this article is illegal, but, as it turned out, there was no formal violation in this case.
In the above case, the first detention occurred last summer and the court ruling in this case came into force on July 6, 2019. The detainee paid the fine in about a month, and only from the moment of payment can the year begin to count, during which the person can be prosecuted under the article of repeated violation of the law on rallies.
Thus, formally, the court did have grounds to hold the detainee accountable on the basis of repeated violations: less than a year passed between the last action on July 16, 2020 and the moment the fine was paid in connection with the previous detention. However, in the case materials provided by the police to the court, there is no mention of the date of payment of the fine at all. In addition, we consider the use of another person’s image to prove the defendant’s guilt to be an unacceptable practice. The court did not hear these and other arguments of the lawyer, although at a minimum it could have demanded additional information about the case materials.
The Meshchansky District Court of Moscow fined Evgenia Kokorina, a participant in a series of single pickets in support of those involved in the “New Greatness” case, 150 thousand rubles. Her interests in court were represented by lawyer from OVD-Info Sergei Telnov.
Thus, the court found Kokorina guilty of repeated violation of the rules of participation in rallies (Part 8 of Article 20.2 of the Administrative Code). At the same time, the activist’s last trial occurred more than a year ago from the moment of her last arrest, and the police did not provide the court with information about how long ago she paid her first fine ( see explanation above ).
In addition, at the trial, the police used a photograph on which it was written that this was Evgenia Kokorina, although the picture showed another girl who was also standing in a single picket.
On July 16, Moscow residents took part in a picket line in support of those involved in the “New Greatness” case, for whom at that time the prosecution requested real and suspended sentences. The rally took place near the FSB building on Lubyanka. As soon as the picketers stood up with their posters, they were immediately detained by the police.
As a result, more than 17 people ended up at the police department in the Meshchansky district. Later, protocols were drawn up against everyone under Part 5 of Article 20.2 of the Administrative Code, and only against Kokorina - under Part 8 of this article. They were also assisted in the department by a lawyer from OVD-Info, Sergei Telnov.
On August 19, the Moscow City Court upheld the decision of the court of first instance to fine Kokorina in the amount of 150 thousand rubles per action in support of those involved in the “New Greatness” case. Sergei Telnov reported this to OVD-Info.
The Moscow City Court, like the Meshchansky Court, ignored the fact that the case file contained a photo of another girl with a poster.