Friday, February 3, 2017

Bulk was dissatisfied with a simple consideration of the “case of Kirovec” – Interfax

Moscow. 3 Feb. INTERFAX.RU – Opposition leader Alexei Navalny in judicial debates on the “case “Kirovec” asked the judge to acquit the defendant, stating that the re process differs from the first only punishment to which he asks to say the state, the correspondent of “Interfax”.

“I ask you to render the only possible solution – the acquittal. Otherwise we will go on the third, on lap four, as this sentence will be cancelled as illegal,” said the defendant.

He also appealed to the participants of the process: “Your honor, the prosecutors! No offense! But I did not like this time. At that time (at the first examination of the case of “Kirovles”]) was eight (punishment requested by the public prosecution in the debate – if), this time to five years probation. But all the same (in the trial – if)”.

According to Navalny, before the beginning of the trial he with the lawyers discussed what tactics will you choose for the prosecution. “We thought, what will they come up with a trick? What will you invent this process? But tricks are not. You did everything the same as last time. You have no evidence, nothing in the case file there that I gave instructions to organize something,” said the defendant.

According to Navalny, all listening to telephone conversations of his and Peter ofitserova prove their innocence, and “all the witness statements you distorted”. “I am unhappy”, he concluded again.

the first time the verdict in the case of “Kirovles” Navalny and Ofitserova was made Leninsky court in Kirov on 18 July 2013. The court found that defendants had committed theft of 10 thousand cubic meters of timber worth 16 million rubles from the Kirov state-owned enterprises.

Navalny and Ofitserov were taken into custody in the courtroom, but the next day was released on his own recognizance until the sentence comes into force. Later the Kirov regional court changed the sentence to the condemned, replacing the real punishment is probation and a fine of 500 thousand rubles.

Previously on this case in a special manner was convicted under the same article concluded a deal with the investigation eks-the General Director of “Kirovles” Vyacheslav Opalev, who testified against Navalny and Ofitserov as the investigation and in court, and his conviction was recorded the fact of theft in the circumstances of the case against the opposition leader and businessman.

Security and ofitserova Navalny appealed to the European court of human rights (ECtHR) with a complaint of a violation of the right to a fair trial. The ECHR published on 23 February 2016, the decision sided with the applicants.

the ECtHR ruled that the Russian courts found Navalny and Ofitserov guilty of a crime, consisting in actions that are indistinguishable from legitimate business activities, “in other words, there has been an arbitrary interpretation of the law in violation of the rights of the accused”.

Later, the ECHR refused to consider the appeal of the Russian Federation on the decision. He also ruled that Russia is obliged to pay P. A. Navalny and Ofitserova in compensation a total of more than 80 thousand Euro.

the Presidium of the Supreme court (SC) of the Russian Federation November 16, 2016 at the proposal of the Chairman of the armed forces of the Russian Federation on the resumption of the proceedings in connection with the decision of the European court of human rights overturned the verdict.

as a result, a new trial began in the Leninsky district court of Kirov on December 5, 2016.

February 1, Navalny was taken to court to force court enforcement officers from-for absence at the previous meeting. On the same day judge Alex vtyurin chose as a preventive measure both defendants on bail. The defendant is prohibited to leave the Kirov until February 10.

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