The process of agent

Politzkov Yashin* and Kara-Murza* was fined for not marked messages as “foreign agents” and do not report to the Ministry of Justice

Today, in two Moscow district courts, meetings were held on violations of the law on “foreign agents” convicted by Ilya Yashin* and Vladimir Kara-Murza*. The process in relation to Ilya Yashin was held in the Grandmother's Court. The Ministry of Justice of the Ministry of Justice against Vladimir Kara-Murza was considered by Zamoskvoretsky.

Two “foreign agents” - both political prisoners - were accused of administrative offenses. Roskomnadzor presented Yashin with a complaint that he refuses to mark the dick of “Ino -Agent” published texts in social networks.

The Department for the Protection of National interests from the external influence of the Ministry of Justice of the Russian Federation appealed to the court with a request to recognize the administrative violation by Vladimir Kara-Murza, reports and information that he must quarterly prepare in accordance with the Law on Foreign Agents.

No science fiction writer could come up with this

... Ilya Yashin, convicted of eight years, serving a deadline first in the Moscow pre -trial detention center, and then in the Smolensk colony, was accused of not marked with a dick of “Ino -Agent” his messages on social networks.

The law "On foreign agents" is pronounced discriminatory. The public danger and harm to the interests of society are not clear. Only at a meeting on the liquidation of the "Memorial"*

The prosecutor explained that the lack of marking causes citizens depression. Apparently, only two social groups of citizens - employees of the prosecutor's office and Roskomnadzor.

Without going into the intricacies of their spiritual organization, I note that on formal grounds, the accusation of an administrative offense cannot be brought to Yashin, since the Federal Penitentiary Service of Russia directly indicated in her response to the request of Roskomnadzor, that Yashin, as well as other suspects accused of committing crimes and convicted people, is prohibited from being with the possibility of going out to The Information and Communication Network "Internet"-this is the lawyer Mikhail Biryukov, defender of Ilya Yashin, commented on the essence of today's dispute between Roskomnadzor with a convicted politician.

During the meeting, Ilya Yashin turned to the judge with a brief speech explaining his position:

Citizen Judge!

I am sure that you will agree that any law should stand on a legal basis, proceed from common sense and protect public interests.

At the same time, it is obvious that the law “On foreign agents” does not meet any of these criteria. In fact, this is not a law at all, but a legal tool, the task of which is to suppress dissent. The Ministry of Justice in arbitrary order forms a list of persons pose a threat to Putin’s monopoly on power. These people are unfounded in relations with foreign powers, amazed of civil rights and, most cynical, - oblige themselves to stamp themselves with a special marking.

What is the meaning of today's trial? Power actually tells me: “ZEK Yashin, you must publicly admit yourself to the enemy of the Fatherland and voluntarily sign in working for someone else's government. And if not, we will finish you first, and then you will receive another criminal case and a new term. ”

Here is my answer.

I will not stipulate myself. Not a single day in my life I served foreign states. From my student years, I defended the interests of only Russia and its citizens. I still continue to do this.

I express discrimination. <...>

Of course, I understand: the court decision will not be in my favor. The judicial system, unfortunately, has long lost independence, and it makes no sense to look for justice here.

But today's verdict, your honor does not matter. The label of the “Inoage” still will not stick to me, no matter how hard it is propaganda. Breaking and pluging me still will not work. And most importantly, no one will be able to undermine my faith in Russia and its people.

By my personal example, I will try to motivate people not to be afraid of evil and confront him. I believe that if we show persistence and courage, then sooner or later evil will retreat, Russia will become free, and our people will be happy. ”

Despite the “unrealistic” claims of Roskomnadzor, the grandmother's court sided with the plaintiff and awarded Ilya Yashin a fine of 40 thousand rubles.

And this despite the fact that any reasonable lawyer understands that Roskomnadzor demanded the impossible from Ilya Yashin. Note that Roskomnadzor did not demand from Yashin not to publish texts on social networks, he was only upset that these texts come out without a “dick of“ foreign ”.

"Agentation" - a new word in Russian

A young man in a strict black jacket, consultant of the Department of Foreign Agency for the Protection of National interests from the external influence of the Ministry of Justice of the Russian Federation Latyshev Alexei Evgenievich modestly sat in the hall of the Zamoskvoretsky district court opposite the lawyer Anna Stavitskaya, who represented the interests of Vladimir Kara-Murza.

Alexey Latyshev, the author of the protocol on the administrative offense of Vladimir Kara-Murza, was unlikely to imagine that he would go down in the history of Russian justice.

On behalf of the Ministry of Justice of Russia, this young specialist presented to an opposition policy convicted for 25 years that he did not submit to the Ministry of Justice “Reports on his activities in time, including a report on the implementation of programs and the execution of other documents that are the basis for conducting events,“ on foreign sources, the volume of funds and other property received from these sources ”, etc.

The problem is that

Even if Kara-Murza wanted to provide such reports, he could not do this, because the Ministry of Justice sent him a notification to his home address, where he lived before his arrest, and not in a pre-trial detention center and not in the colony.

The lawyer Anna Stavitskaya very reasonably explained to the court that the Ministry of Justice and employee of the Ministry of Justice Latyshev could not know that Vladimir Kara-Murza was in custody since April 2022 and thus, he was not aware of the Ministry of Justice of his home address. I am very sorry that the judge for some reason did not guess to ask Evgeny Latyshev, why did he not send a notification of an administrative offense in the pre-trial detention center by Vladimir Kara-Murza. Why, when the letter he sent returned with the mark “The Sheet of the Storage”, which means that he was not awarded to the addressee, he, an employee of the Foreign Agentation Department, did not ask, but where is Vladimir Kara-Murza located?

"This protocol is just a masterpiece"

In the small hall of the Zamoskvoretsky court-a video conference from the Omsk IK-6. There is a large cage on the screen. We see a person in an orange robe, in such usually in American films prisoners are shown. The image on the screen constantly flashes - then blue, otherwise red. When the microphone is included, Vladimir Kara-Murza begins to speak with friends and journalists present in the hall. While the meeting has not yet begun, he talked with the Soviet dissident Alexander Podrabinek who came to him.

“I already have 15 penalties, I will sit for the whole time in the schizo and in the PCT. Now I am for three months - in PCT as a malicious offender, I can’t talk to my children. This is all with Scharanian ( Nathan Scharan, the book “I will not be afraid of evil.” - Ed. ) Described. We, today's political, Sasha, follow in your footsteps, in the footsteps of the Soviet political prisoners. ”

Vladimir Kara-Murza asks for forgiveness from everyone who writes to him and to whom he is slowly answering. He explains that

He is given a pen and notebook a day for only an hour and a half. And he does not have time to answer letters, prepare for the trial and keep records.

When the judge allows him to express his opinion about the essence of the case, Vladimir makes a long speech and the judge does not interrupt him, as if she was interested in listening to what he would say.

I thank you, firstly, for organizing a video conferencing with Omsk, for the opportunity to take part in today's meeting. Some time ago, they jokingly argued with my lawyers about whether it was worth waiting for something like this today's proceedings. Lawyers said that no, hardly, is somehow completely small. A person who was given 25 years of strict regime for beliefs, still hung several thousand rubles of an administrative fine on top.

And I was sure that it would be. Firstly, because this power does not have trifles, and secondly, and mainly, because the whole meaning of such processes and all these lists, and registers, and this law on the so-called foreign agents, is, of course, not in fines. The point is to hang a label, put a stigma on political opponents of the authorities and tell the society that all those who are against Putin’s regime, especially those who are against (...) are all enemies and foreign agents.

It is no accident that Mr. Sviridenko, Deputy Minister of Justice, signed an order to include me on this list on the very day, April 22, 2022, when the Basmanny District Court of the city of Moscow sent me under the pre -trial detention center for a public speech against (...). Moreover, the Ministry of Justice did this in violation of his own law, which, in the editorial office in force at that time, provided for the need to prove at least some financing by the corresponding foreign source.

Of course, the Ministry of Justice did not bother the “Ukrainian agent” and simply wrote in the documents that, since I am the founder of the anti-war committee, it means that I am opposed (...). In their "bird" propaganda language, this is called "to criticize a special military operation." Of course, I am a Ukrainian agent. Just brilliant <...>.

Another important thesis: we must have unimaginable cynicism, so that in our country, where only a few decades ago people with labels of “foreign agents” are sent to the gulag or to execution, to revive this particular terminology. However, given which organization has been in power for the last 24 years, this was done quite consciously and quite intentionally.

The protocol drawn up by the Ministry of Justice is accused of non -fulfillment of the requirements of the law on the so -called foreign agents. But this law is not subject to implementation, since it is unlawful and violates the international obligations of our country. This is not my assessment opinion. This is the final and legal force of the European Court of Human Rights of June 14, 2022 in the group of cases “Eco -Protection* and others against Russia”.

In this decision, the European Court of Human Rights was recognized by the Russian law on the so -called foreign agents contradicting articles 10 and 11 of the Convention on the Protection of Human Rights and Fundamental Freedoms. This is the right to freedom of expression, the right to freedom of associations. And the term “foreign agent” himself recognized the stereotypes of the Soviet era that reflects and reflecting the stereotypes. As, of course, the court is well known to the court, by virtue of part of the fourth of Article 15 of the Constitution of the Russian Federation in the case of the conflict between internal legislation and the norms of the international treaty of the Russian Federation, priority is given to the norms of the international treaty and which, of course, are well known to the court, despite the exclusion of Russia from the Council of Europe, all the decisions of the ECHR, relating to the period when our country was in jurisdiction, that is, in the period until 16 until 16 September 2022, still have mandatory power. <...>

Therefore, I would like to emphasize that there was no doubt or omissions that I would not fulfill the requirements of this repressive and unlawful law. The law is not only repressive, but also unlawful. Even if I were now sitting in the kitchen at home in Zamoskvorechye. But I cannot but draw the attention of the court to how the inexpressible absurdity is this protocol of the Ministry of Justice. Even by the standards of the Kafkian reality in which our country exists.

Because, your honor, as you see well, I am now sitting in my kitchen at home in Zamoskvorechye, but in a cage in a maximum security penal colony in the city of Omsk, where I am serving a 25-year term for a public performance against Putin’s regime and against (...). I am contained here in a single chamber of PCT (chamber -type premises). Of the things, I am allowed to have soap, a toothbrush, a mug, towels, two books and slippers with me in the cell, and a handle with paper to write applications, petitions, preparation for the court session, answers to letters and all other written works give me exactly one and a half hours a day. It goes without saying that I have neither the Internet nor telephone communication here. I can’t even call my children, because the malicious violators contained in the PCT do not rely on phone calls. In addition to exceptional situations.

I am very sorry, your honor that I am not now with you in the courtroom. I would very much like to look at the expression with whom respected representatives of the Ministry of Justice will read these requirements that a person who is in such conditions sends some quarterly reports to someone for some established computer forms.

I called our reality Kafkian. But, right, I don’t know if Franz Kafka would have been enough to come up with what is written in this protocol. I paid special attention to the dates that are given in this document. They are simply striking.

The so -called offense, according to the Ministry of Justice, I committed on January 16, 2023 at home on the Ovchinnikovskaya embankment. Your honor, I was not at home this year. The last time I was there on April 11, 2022, when people who were waiting in an ambush in the yard were captured in black uniforms and in black masks. A notification that a protocol on an administrative offense was drawn up against me was sent to me on September 7, 2023. This is my birthday. This year I spent my birthday in complete solitude in the kartser of the Samara prison. An unsuccessful attempt to give me this notification at my home address was made on September 17, 2023. On this day, I was driving in the "Stolypin" car somewhere between the Southern Urals and Western Siberia.

And, finally, this protocol itself, for which I was kindly invited to come to the Ministry of Justice to Krzhinovsky Street, house 7, building 1, office 202, dated October 6. On this day, I was in the penalty camera here already here, in the Omsk correctional colony, IK-6 strict regime.

Your honor, this protocol is just a masterpiece. <...> And finally, the last one.

I said that the conceived goal of these trials, and all these registers, and the law itself on the so -called foreign agents are to put the stigma on political opponents of the authorities. In fact, the opposite happens. And all those who make up such protocols, who, initiating administrative and criminal cases, who put in prison for an anti -war position, are actually doing a very important matter. They leave a certificate, written, documentary evidence that even in the dark in Russia there are people, many people who are not silent and are not afraid. And time will put everything in its place and show who was someone's agent, and who is a citizen and patriot of his country. This will certainly happen, your honor. Believe the historian! "

" My events are a walk in the courtyard of the pre -trial detention center"

Lawyer Anna Stavitskaya asks the representative of the Ministry of Justice - he is present at the hearing and acts as a representative of the department or as a citizen. Stavitskaya asks him if he is watching the TV, whether he reads messages on the Internet.

Evgeny Latyshev replies that in court he represents the Ministry of Justice of Russia. He does not watch TV, the Internet also does not look. Anna Stavitskaya asks if a “foreign agent” can send a report in free form. The representative of the Ministry of Justice replies that the report should be filled in the form that can be found on the Ministry of Justice’s website.

I am sure that for everyone in the meeting room, I suspect that for the judge, it is obvious that it is impossible to do this, being behind bars. Even the bailiff has a smile on his face, which he unsuccessfully tries to hide.

It becomes especially funny when the lawyer Stavitskaya asks Kara-Murze questions on the protocol of the Ministry of Justice. She asks: “Tell me, please, did you have the opportunity to hold events? Have you received money and property from foreign sources? ”

Kara-Murza replies:

“I appreciate your sense of humor and equanimity. My events are a daily walk in the walking courtyard of the pre -trial detention center within an hour with the ability to see a piece of the sky between the roof. Regular trips to the Moscow City Court, where I was taken in handcuffs under the escort. There is nothing more to boast. The only sources of financing are to send money from my relatives and friends to my personal account so that I can buy toothpaste and washing powder. Of course, no foreign sources of funds transfer me. Many letters from Russia come to me, but also from abroad too. A Christmas postcard came from politicians of the European Parliament, if this is considered “property” ... ”

Anna Stavitskaya asks the court to recognize the protocol on an administrative offense, allegedly committed by Vladimir Kara-Murza, unacceptable evidence. It reminds the court that evidence is recognized as unacceptable evidence that is obtained in violation of the law. And the protocol discussed in court is clearly drawn up in violation of the law.

“It was presented to me that the Ministry of Justice was notified, back in April 2022, that Kara-Murza was in custody, and did not live at home. I specifically asked the question whether Evgeny Latyshev is a representative of the Ministry of Justice, or acts here as a simple citizen of Russia. Kara-Murza should not approach all people in the Ministry of Justice and say where he is. In 2022, he indicated ( at court in the presence of representatives of the Ministry of Justice. - Ed. ), Which is in custody, and not at the address - Ovchinnikovskaya embankment. Representatives of the Ministry of Justice improperly notified Kara-Murzu about the time and place of drawing up a protocol on an administrative offense, since, knowingly knowing that Kara-Murza did not live at the Ovchinnikovskaya embankment, the Ministry of Justice sent a notification there. ”

Stavitskaya asks to terminate administrative proceedings.

The story is amazingly simple. Сколь и безумная. На мгновение кажется, что судье Елене Коротченко хватит смелости «поставить Минюсту на вид», то есть отказать в иске, поскольку иначе как недопустимым доказательством протокол Минюста не назовешь.

Но судья, выйдя из совещательной комнаты, удовлетворяет претензию Минюста, признает Кара-Мурзу виновным и назначает ему штраф в 50 тысяч рублей.

И все происходящее с Ильей Яшиным и Владимиром Кара-Мурзой в сегодняшних судах — это не просто юридические ошибки, это сознательное издевательство.

* Entered the Russian authorities in the register of "foreign regents".