From the "principle of humanism"

In order to leave cancer-sick political prisoner Samsonov behind bars, the cassation in Vladivostok even ignored the decision of the Supreme Court

In Vladivostok, political prisoner Artem Samsonov was once again refused to be released from a maximum security colony, despite the fact that he suffers from skin cancer. This decision was made by the Ninth Court of Cassation (Judge Anastasia Kareva), although earlier the Supreme Court had concluded that there were serious violations in the decisions of the two lower courts. At the same time, the head of the prison hospital himself submitted a petition for Samsonov’s release due to illness.

Last year, in addition to serious heart problems (requiring surgery to replace the aortic valve), Artem Samsonov was diagnosed with cancer. Basal cell carcinoma of the skin, nodular growth type. If properly monitored and treated early, the prognosis for survival is good. But this is only the case if you observe and treat.

Samsonov, according to the conclusion of the medical council, is indicated for radiation therapy.

“Based on the above-mentioned conclusion of the special medical commission, the acting head of the FKU KB GUFSIN of Russia for the Primorsky Territory <...> appealed to the court of first instance with a submission to resolve the issue of the release of A.A. Samsonov. from punishment due to an illness that prevents him from serving his sentence. The convicted Samsonov A.A. also made a similar request,” says the decision of the Supreme Court (Judge Ibragim Fargiev) on transferring the complaint to cassation.

The Supreme Court agrees with the arguments of lawyer Kasilova’s complaint due to the fact that the lower courts, despite recognizing the disease and the medical report, nevertheless “made an unfounded conclusion that this disease does not prevent him from serving his sentence, citing the primary stage of the disease, a possible positive prognosis and the fact that treatment is allowed in a correctional facility.”

In fact, the Primorye Themis ignored the medical report of a group of doctors and the List of diseases approved by the government of the Russian Federation that prevent the serving of a sentence.

And she gave preference to the oral explanations of the doctor, who is neither an expert nor Samsonov’s attending physician, nor even just an oncologist: he said that treatment in the prison hospital would be sufficient. This opinion was enough for the Leninsky District Court, and then the Primorsky Regional Court.

“In addition, the court took into account that Samsonov A.A. the disease is in the primary stage, and based on the results of treatment there are grounds for a “positive prediction of the convict’s recovery.” At the same time, within the meaning of Art. 81 of the Criminal Code of the Russian Federation, when considering, in the execution of a sentence, issues related to the release of a convicted person from punishment due to his illness, the determining factor is whether the person has a disease that prevents him from serving the sentence,” the Supreme Court ruling says. There, in addition, a reference is made to the position of the Constitutional Court, which points to “ensuring the implementation of the principle of humanism in the criminal law, to protecting the interests of convicts.”

But in the case of Samsonov, humanism is a vague concept. For example, he was referred for surgery to replace an aortic valve only after local bloggers and, following them, the press fanned the flames to the skies. They put him in a punishment cell for allegedly swearing in a telephone conversation with his wife (prisoners can officially call from the colony). They reprimanded him for returning to the unit after classes without a staff member (Artem was in charge of the library and led chess and literature clubs, but then he was told that the clubs were not needed).

And it’s not just that Samsonov needs radiation therapy and he has been constantly, for the past year, being “taken” from the village for it. Volchantsy 150 km to the oncology center in Vladivostok. Then - back, it’s clear in what condition. The problem is that he also needs observation from specialists who are not available in the prison hospital.

Actually, that is why the branch of the KB FKUZ MSCh-25 of the GUFSIN of Russia in the Primorsky Territory itself petitioned for the release of Samsonov due to illness.

“In addition, the court of first instance ignored the letter of guarantee from the wife of the convicted person, available in the material, about her readiness, after his release from prison, to provide assistance to Samsonov A.A. necessary assistance and care,” notes Supreme Court Judge Ibrahim Fargiyev.

As a general rule, if the Supreme Court has found violations in the decisions of lower authorities and indicates the applicability of the law, then the Cassation Court overturns these decisions and sends the case for a new trial. And what a rarity - the Ninth Court of Cassation of General Jurisdiction refused to release Artem Samsonov from punishment due to illness, despite the arguments of the Supreme Court of the Russian Federation.

Natalya Kasilova said that the defense is going to the Supreme Court again. She added that earlier the judge of the Ninth Court of Cassation, Yevgeny Gavrilov, did not submit for consideration the defense’s complaint about the refusal of lower courts to release Samsonov due to illness.

Artem Samsonov was sentenced to 13 years in a maximum security colony in 2022. For corrupting a minor - he allegedly showed a dildo in an adult company, and the minor saw it. The boy was not present at the trial, but during the investigation he was confused in his testimony, as were the few prosecution witnesses (one of whom, in fact, owned the rubber product). The lawyers were able to prove, using photos, videos, geolocation data, tickets abroad, checks and many other data, that Samsonov did not even meet with the boy and his dad at the time indicated by the prosecution in the indicated place. Of course, this did not affect the verdict. The politician received 13 years in a maximum security colony; he is serving his sentence in IK-27 in the village of Volchanets.

Novaya wrote in detail about the strange criminal case of Artem Samsonov and his fight for fair elections.

Primorye