Lawyer Olga Mikhailova, Alexey Navalny’s lawyer Vadim Kobzev, 25 APR 2018. Photo: Gleb Schelkunov / Kommersant
In December 2012 the Investigative Committee at the request of the CEO of the company “Yves Rocher Vostok” Bruno Leprosy was brought against Alexei and Oleg Navalny of criminal fraud charges and money laundering (part 4 article 159 of the criminal code, paragraphs “a”, “b” of part 2 of article 174.1). According to investigators, Oleg, leading the domestic postal services, the founder of the company, was the brother of Alex.
30 Dec 2014 the judge of Zamoskvoretsky district court of Moscow Elena Korobchenko sentenced Alexei to 3.5 years of imprisonment conditionally, Oleg – to the same term, but with serving in the General regime of colony.
In October 2017, the European Court of Human Rights ruled on the complaint. Navalny on the verdict of the ECHR found that Russia had violated articles 6 and 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, fair trial.
In March 2018, when the resolution came into force, Alexei Navalny sent to the Supreme Court, the statement of the Strasbourg and the release of his brother. Two days later, Oleg Navalny was transferred to solitary confinement for the sixth time. He is serving his sentence in IK-5 in the Oryol region, Uritsky district court twice denied him parole and replacement of the remaining term of the penalty or obligatory works. After a partnership with Tatoos from Russian Prison (TRAP), which makes the tattoo sketches of prisoners, he banned the use of pencils, pens and paints. About a year and a half Oleg Navalny was held in solitary confinement.
In 2016, the Supreme Court has the cancellation of the verdict of the policy on the basis of the decision of the ECHR – at that time Alexei Navalny appealed to the Strasbourg verdict in the case of “Kirovles”. On the basis of the decision of the European Court, the Presidium of the Supreme, then, the case for reconsideration, but in the end, the Leninsky district court of Kirov found Navalny is again guilty.
At the entrance to the Supreme Court of the broken x-ray machine for screening of handbags of visitors. After 15 minutes of nervous waiting, the guards are finally resolved to search for journalists by hand. They manage to miss a couple of people.
Photo: Maxim Litavrin / Mediazone
Journalists and students launched into space.
Oleg Navalny via video link from prison, he waved to everyone, but it’s almost unheard of: microphone not working, sound is boomy.
The meeting starts. It’s considered the members of the Presidium of the Supreme Alexey Kharlamov, Nikolay Timoshin, Vladimir Davydov and Vasily Nechaev. The interests of Oleg Navalny Kirill Polozov is, the lawyers of Alexei by Vadim Kobzev and Olga Mikhailova.
Read the report on the case: the judge read out the background information, which was convicted Navalny brothers, as a preventive measure, chosen at the time of investigation, and and maintenance of a civil action from the victims, the results of the appeal in the Moscow city court.
“Navalny sentenced for fraud associated with deliberate failure to fulfill obligations, as well as for the legalization of funds,” reads the judge next.
Now the judgment moves to the ECHR, summarized its essence and the position of the European court. At the end of the report, the judge said, with the submission to the presidency of the court, Vyacheslav Lebedev, he proposed to resume the process.
The word goes to the representative of Prosecutor’s office.
– Unfortunately, in the investigation of the complaint the ECtHR was not figured out how to work all the material.
According to the position of the Agency, all the evidence was examined by the court first and second instance, they are recognized as valid and reliable. In addition, the courts found no violations of the rights of the convicted, and the sentence was fair.
“The Prosecutor” is why the verdict in the “case of Yves Rocher” was not completely disclosed (indeed, the judge Elena Korobchenko read out only the operative part of the document): contains a lot of references to a payment order.
The Prosecutor recalls that the ECtHR has no right to evaluate the qualifications of criminal offences. His speech he ends up being offers to send the case for retrial.
Now is the lawyer Olga Mikhailova. She says loudly and clearly, briefly recounts the position of the ECHR in the case, quoted by the European Convention and excerpts from the decision in the case of Navalny brothers.
“This case is exceptional.” We are categorically against a new consideration, “she says.
Mikhailov recalls the case "Kirovec" that was previously directed on. “It can be stated that the ECHR decision on the case "Kirovec" not fulfilled. We are categorically against the fact that this case went down the same path. “
“The case should be stopped, and stopped tonight.” This is the only solution that will testify on the implementation of the ECHR decision, “said the lawyer.
Mikhailov was asked to stop the business in connection with the absence of a crime, to recognize the right to recovery and the immediate release of Oleg Navalny from detention.
“Every system does not characterize the error, and the error response,” says the lawyer Kobzev.
He says there is a “reaction "state of the smoker"”and generally he repeats the thesis. Mikhailova: the retrial will not allow to execute the decision of the ECHR.
– May it please the court. It seems to me that we are together and that we will progressively grow old and die in the wheel of Samsara.
He remembers the way the criminal cases against him and his family:
– First instance, appeal, the ECHR, the sun, everything is new. Already the journalists we do not go, and you meet me at home, give tea, and we all know beforehand – says Bulk.
Alexei Navalny reminds the court that the prison administration is the most stringent conditions of detention: “it is not Enough that a person was taken hostage, and even tortured”.
– “The case of Yves Rocher” even from the point of view of your dark Lord is not necessary, says Bulk and recalls that it does not prevent him from participating in the elections.
He proposes “to isolate "the case of Yves Rocher" from the wheel of Samsara “and let go of Oleg.
– So I think that in this situation, given the fact that article 7 (of the European Convention – MZ) Russia violated a second time de facto, the court stated that the case was fabricated, not the composition – it should be stopped, – says the politician.
He offered to take such a decision, to “and the dark Lord was satisfied, and Oleg was released.”
Lawyer Oleg Navalny, he recounts the position of the ECHR in the case and recalls the provisions of article 7 of the European Convention on Human Rights: “no One may be convicted of any act or omission which, under force at the time of its Commission , national or international law was not a criminal offense. “
Lawyer Kirill Polozov said that the victims were in the case and not brought to the attention of the court, what exactly, and how they were deceived.
– Also in the guilt of Oleg Navalny was informed that he was not aware of the counterparties that intend to use subcontractors – however, either by law or by contract on him.
He recalls the fate of the case “Kirovec” and asked to resume production, to reverse the verdict and the appeal.
– I passionately support all that said my brother and the defenders.
He promises not to talk for a long time and keep his conversation going.
The court is adjourned for decision.
The Presidium of the Supreme Court rendered a decision to resume the case to the new circumstances, the verdict of the Supreme Court.
Alexei Navalny commented on the judgment of the Supreme Court, he said that for a long time trying to guess what kind of sophisticated stuff would come up the Kremlin and broadcasts what the Supreme Court.
But I think they are solved this time is not to even think of any stuff, they opened it. That is, de facto, was today declared by the Supreme Court: “Hello, we refuse to implement the decision of the ECHR, even to depict the performance of the [decisions] of the ECHR”. What can I say in this regard?
We understand how difficult this system is to take any decision, because any decision would be in fact confirmed by the Investigation Committee, Prosecutor’s office, courts and all the rest. They made the unjust decision and kept the man more than three years in prison. They just took the decision, which left everything as it is, but pointedly said it again: “Yes, we will continue to do so in the future.”
Mikhailov’s lawyer says that Russia does not comply with international treaties, despite the fact that their priority is enshrined in the Constitution, so the protection will be applied to the Committee of Ministers of the Council of Europe which monitors the implementation of decisions of the ECHR.