Thursday, December 22, 2016

In the colony for thought: the sentence Barbara Karaulova appreciated defenders – Moskovsky Komsomolets

“She didn’t do anything, except that I went there where like power, thought not, how the authorities like it”

Today at 17:38, views: 2028

Varvara Karaulov will spend 4.5 years in prison – a sentence of the Moscow district military court. If the decision remains in force, the freedom, the MSU student will be released until the summer of 2020 ( the time spent in jail will read for part of the period).

the girl today named its process “exemplary”. But what he showed? What Russia has revived, alas, well known to us in the first half of last century a type of punishment. Again, we are judged not for business but for ideas. Not for a real crime, and edification.

В колонию за мысли: приговор Варваре Карауловой оценили правозащитники

photo: Gennady Cherkasov

the Whole country learned of the escape of ISIS (banned in Russia – “MK”) Barbara Karaulova at the end of may last year. Searching girls joined the intelligence services and journalists. Her father Pavel Karaulov issued the call in social networks to help find her daughter. He had information that his foolish child went to Syria to the groom. The man was sure that Barbara was in the network of recruiters, and if she can get to the destination, he will never see. But thanks to the incredible efforts of many people (Ministry of foreign Affairs, FSB, Interpol) and just luck – Cook managed to save. Turkish border guards in June last year, caught her in a cornfield near the border of two States.

return home with Karaulova was interviewed by the FSB. One of them, 30-year-old detective Alexander Poluektov, bluntly explained to her the situation. “We can take you ten years just for one extremist book that we found at your house, but if you cooperate with us all this can be avoided.” Karaulov agreed. And led counterintelligence at verbovka her Ayrat Samatova, in which the young lady was stupid enough to fall in love.

Under the supervision of the operative Poluektova Cooking, scribbling messages to their pen PAL. But then something went wrong. In the proceedings of the investigator of the FSB of Russia Yevgeny Stcik stated that Cooking on their own initiative made contact with Samedovym with equipment that was not seized by the FSB and was not controlled by the investigators.

the Whole process Karaulova with tears in his eyes tried to convince the court that did not go to igilance and his lover. Yes, she justified the policy of the “Islamic state”, but only for the sake of relations with the Airat that she needed like air. And the last word Barbara said that he does not want, that people thought it shahidki and a terrorist. It all figured out and realized that he had committed a fatal error.

And here’s the verdict. According to surveys, 40% of study participants were in favor of real life for students, 30% for the acquittal and 28% for probation. However, justice must still rely on law, not on surveys. And that’s what lawyers say.

- the conviction Barbara Karaulova – another example of punishment is in fact for “thoughtcrime” – said the human rights defender Sergei Sharov-Delaunay. – Not the first. Varvara Karaulov didn’t do anything, except that I went there where like power, and thought not as power like. She didn’t kill anyone and any organization was not involved.

Yes, she was detained somewhere near the Turkish-Syrian border. But it is not a crime under Russian law, which it seems like you tried. “Sort of” because I judged her for all the wrong reasons, and “wrong thinking.” Because nothing but the girl’s thoughts and “the list” was not there. And do not say that this “crime prevention” is the weeding of the society on the basis of the search for “enemies of the people”. Terrible enemies, such as kindergarten teachers, girls students and “spies” type of Svetlana Davydova.

- Everything that could or could not make the barbarian is hypothetical, – says an expert on international law, lawyer Ruslan Koblev. – Even for the mere intention to commit a crime be judged according to Russian law it is impossible. International practice in this respect is contradictory.

Not worth it, by the way, to idealize American law in their legal system just for the intention, you can even get a life sentence. But their intention must be accompanied by some action which it would be proved.

Note that 2004, the US passed one of the toughest anti-terrorism laws. In particular, it to 25 years of imprisonment was sentenced a US citizen who had just promised worked under cover for the FBI to sell the anti-aircraft missiles. He was convicted only for intentions. Similarly, only for the promise to sell a lot of weapons in the U.S. – convicted Russian citizen Viktor Bout.

I showed our criminal code, one of the famous British lawyers. And he read the criminal code cover to cover, was delighted, calling it “almost perfect.” But the main drawback of our criminal code in that it is not enough to comply with. In the case of Barbara Karaulova, the court must evaluate its social danger, and it is minimal. The best solution for all would be to be suspended or served a term. But 4.5 years is too much.

Even with full proof of the fact that Karaulova really had the intention to join a terrorist organization whose activity is prohibited in the Russian Federation, its action it is necessary to qualify (which was done eventually), not as an attack but as a trade, because too far away she was from reaching the desired result (we had to cross the border to find refuge LIH, etc.), – says the lawyer Mikhail Trepashkin. – Judging from the practice of law enforcement recently, is often not only a prep steps, but even expressed intentions (which should not be punished because of the lack of concrete action, the so-called “naked” intent) is qualified as attempted crime.

Parents Karaulova after the verdict called Russia “a punitive government. Despite 20 years Cooking I was a kid. Investigators were able to convince her samoilovite yourself in court, she gave truthful testimony, but it turned out that they cost a penny,” said the girl’s father. And added that he had made a mistake when he appealed for help to the FSB.

What’s next? To correct the error real: lawyers have already expressed their intention to appeal the decision. But given the peculiarities of Russian justice, the chances of acquittal Karaulova at home aren’t too great. Remains to file a complaint to the ECHR.

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