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All rise.

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Please be seated.

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>> Today's hearing is declared open.

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The court continues hearing the case against

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Navalny and Ofitserov.

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The composition of the court has not changed. However, appearing before the court today

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at this hearing are the defendants

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Navalny, defense counsel, attorneys Mikhailova and

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Kobzev. Does attorney Kobzev know

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where your client and

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the other defense lawyers are? Yes, Your Honor,

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I have a written statement from

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Alexei Anatolyevich Navalny. I will summarize

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its substance and ask that it be entered into the record.

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Navalny addressed a statement to the Leninsky

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District Court of the city of Kirov, in which

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he informs the court that he

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and his defense lawyers received summonses

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requiring them to appear on July 12 and 13, 2013,

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before the head of the investigative team

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Main Investigative Directorate

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of the Investigative Committee, Nesterov, in connection with

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criminal case No. 2011/

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4607112.

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These summonses were attached to,

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that is, submitted to the Leninsky

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District Court. Navalny also

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states that officials of the

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Main Investigative Directorate

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of the Investigative Committee had

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authorized his travel to the city of Kirov

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to participate in court hearings at the

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Leninsky District Court of Kirov.

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However, no changes to those permissions allowing him not

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to appear in response to summonses from the Investigative Committee of the Russian Federation

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to investigators

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have been granted to him.

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Navalny believes that his failure to appear in response to

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the demands of the investigator from the Main Investigative Directorate of the Investigative Committee of the Russian Federation may

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be regarded as a violation of his

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pretrial restraint measure.

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In view of the above, Navalny

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considers it necessary to appear with his

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attorney Mikhailova in response to the summons

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of the investigator of the Main Investigative Directorate of the Investigative Committee of the Russian Federation on June 12 and 13,

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2013, at the premises of the Main

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Investigative Directorate of the Investigative

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Committee of the Russian Federation,

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located at the following address: Moscow,

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Tekhnichesky Pereulok, Building 2.

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Navalny also asks that in the future

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a real opportunity be ensured for his

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participation, and that of his defense lawyers Mikhailova and

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Kobzev, in hearings of the Leninsky

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District Court of Kirov, without creating

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an artificial pretext for changing his

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measure of restraint on the grounds of allegedly improper

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compliance with the conditions of his being under

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a recognizance not to leave and of proper

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conduct in various criminal cases

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being investigated in different regions of the

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Russian Federation.

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In addition, Navalny believes that

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the scheduling on June 11, 2013, of court hearings

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for June 13 and 14

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was intended to obstruct

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Navalny's nomination as

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a candidate for the office of Mayor of Moscow,

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as has been widely covered by the mass

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media.

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Navalny also informs the court that on June 14,

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2013, at 19:00, at the address

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Moscow, Pyatnitskaya Street, Building 14, Structure 1,

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a general meeting of the Moscow branch

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of the political party PARNAS will be held

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for the purpose of nominating Navalny

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for the office of Mayor of Moscow.

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This meeting will take place

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in accordance with a previously adopted decision

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of the federal and Moscow political councils

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of the PARNAS party.

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Notice of the date and place of the

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aforementioned general meeting, in accordance with

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the law on political parties, was

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submitted in advance to the Moscow

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City Election Commission, which

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precludes any change in the date of the

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general meeting. Uh, Navalny also

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asks that the court hearing be adjourned.

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In addition, I have statements

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from attorneys Mikhailova and

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Kobzev, in which they inform the court

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that at the request of their client,

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Navalny, they are today

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going, that is, accompanying him to investigative actions at the

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Main Investigative Directorate

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of the Investigative Committee.

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I ask that they be entered into the record.

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The statement is dated June 12, 2013.

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I received it only late today.

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Did you discuss this statement with your

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clients?

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>> Yes.

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Tell me, as for the PARNAS party, on June 14

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the defendant Navalny is also asking that no

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court hearing be scheduled because

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a general meeting of the Moscow branch

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of the political party PARNAS will take place. So

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does that mean his measure of restraint would also be changed there

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if he fails to appear?

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Here, in this

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>> In this statement, I asked counsel

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whether these issues had been discussed. Since the statement says so,

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that is why I asked that question.

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>> No, we did discuss it, but I answered that

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question not...

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>> I understand. Thank you.

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The court is therefore deciding the issue of

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whether it is possible to consider the criminal case

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in the absence of the defendant, as well as

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defense counsel.

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The opinion of the prosecution on this

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issue?

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>> Your Honor, we believe this issue

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should be considered somewhat later.

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It is necessary to examine the documents submitted

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by counsel, and therefore we request

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time to review them. Perhaps if we were given...

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our position,

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please.

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In addition, I would like to inform you that

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the court, as it

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promised at the court hearing, sent

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to Investigator Nesterov and the investigators

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there was received

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a message with the following content.

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The court informs you that during

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the consideration of criminal case No.

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1225/2013

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on charges against Alexei Navalny

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Anatolyevich for committing an offense

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provided for by Part 3 of Article 33 and Part

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4 of Article 160 of the Criminal Code of the Russian Federation, and Pyotr Ofitserov

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Yuryevich for committing an offense

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provided for by Part 5 of Article

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33 and Part 4 of Article 160

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of the Criminal Code of the Russian Federation, the defendant Navalny and his defense lawyers Kobzev

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and Mikhailova submitted a letter stating that

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on June 13, 2013, they were summoned to take part

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in an investigative action at the Main Investigative Directorate of the Investigative Committee of the Russian Federation

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we inform you that, according to the previously established schedule

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for holding the hearing in this case,

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a court hearing was scheduled for June 13, 2013

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with the participation of the defendant

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Navalny, as well as counsel Kremenkov, Kobzev,

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and Mikhailova; we ask for your understanding

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and request that the investigative actions involving

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the defendant and the defense be moved to another

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day. At the same time, we inform you that in accordance

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with the court hearing schedule, the next

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court hearing was planned

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to be held on June 17, 18, 24, and 25, and since

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by attorney

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Davydova there was also submitted

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information that she was occupied

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with an investigator at the Eastern Investigative

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Department for Transport on June 14, 2013, and to the

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attention of Investigator Vyatkin

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a letter was also sent

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with similar content. That

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is, well, with attendance like this, naturally, the

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court hearing cannot be continued.

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As for the issue that in

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relation to Navalny in this

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criminal case a preventive measure was chosen in the form

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of a written undertaking not to leave and to behave properly.

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He was informed of the need to appear at

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the court hearing by 10:30 a.m.

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specifically on June 13, 2013. That is,

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today there must be resolved, I would even

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say somewhat belatedly, the need

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to verify the information that he

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wishes to appear before Investigator Nesterov in

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another criminal case, in which

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a preventive measure has also been imposed on him,

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similar to the one imposed

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in the present criminal case, therefore I

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request time until 2:00 p.m.

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Dear colleagues, in my view, the defense has no possibility

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of continuing with the attendance as it currently stands.

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With this attendance, we cannot continue the proceedings.

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I support that position; I believe we cannot

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propose

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>> I also believe that it cannot be proposed

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>> that the court, indeed, the judge may

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continue in the absence of the defendant

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and his defense lawyers; however, in order to clarify

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the matter of whether the defendant and his

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defense lawyers did in fact appear before Investigator Nesterov,

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I believe it is necessary to make an inquiry

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to the investigator, and in this connection

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a recess is declared until 2:00 p.m. today.

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So.

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Please be seated.

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The court reports that from the

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Investigative Committee of the Russian

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Federation, from the investigator for especially important

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cases, Colonel Nesterov, there has been received

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a message with the following content. In response

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to your inquiries of June 11, 2013, and June 13,

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2013, I inform you that on June 10

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2013, the accused in criminal

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case No. 2011/460711-12, Navalny,

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as well as attorneys Kobzev and Mikhailova, were

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notified by the preliminary investigation authorities

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to appear at the Main Investigative Directorate of the Investigative Committee of Russia on June 13, 2013,

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at 12:00 p.m. to participate in an investigative

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action in the said criminal case. On June 11,

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after receiving your notice

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about the court hearing scheduled in advance

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for the same date, I

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made a telephone call to attorney

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Kobzev for the purpose of notifying him of the rescheduling

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of the investigative action. However, attorney

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Kobzev did not answer the phone call.

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On June 13, 2013, at 12:00 p.m., the accused

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Navalny and his defense lawyers Kobzev and Mikhailova

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appeared at the Main Investigative Directorate of the Investigative Committee of Russia to participate in

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investigative actions in the criminal

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case, in the above-mentioned criminal case.

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At the same time, I inform you that

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investigative actions on June 17, 18, 24, and 25

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2013 in the above-mentioned

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criminal case are not planned.

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The prosecution.

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Your Honor,

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>> I would like to know now your

10:25

>> having examined the documents submitted by Navalny and his

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defense lawyers,

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we have come to the following view, and we have

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a motion.

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In criminal case No. 2011/71368

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which is being considered at the present court

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hearing, in accordance with the requirements

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of Article 102 of the Criminal Procedure Code of the Russian Federation, with respect to

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the defendant Navalny, a preventive measure was chosen

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in the form of a written undertaking not to leave,

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and to behave properly. The substance

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of the said preventive measure is

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that Navalny is obliged not

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to leave his place of residence without

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your permission and to appear in a timely manner

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at court hearings at your

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request. The period of validity of the undertaking not

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to leave is not limited by law. It

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remains in force up until it is changed or revoked by

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for the enforcement of a court judgment that has entered into legal force

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of the court verdict. When changing or

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imposing a preventive measure in the form of a written undertaking

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not to leave and to maintain proper conduct

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Navalny was informed that in the event

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of its violation, a more stringent preventive measure

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could be applied to him.

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Such violations include, among other things,

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failure to appear, without valid reasons, in response to

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a judge’s summons at the appointed time,

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as provided for in paragraph 2 of Article

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102 of the Criminal Procedure Code of the Russian Federation. Under part 2 of Article

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247 of the Code, the court has the right to change the defendant’s

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preventive measure if he fails to appear at

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the court hearing without valid

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reasons. On June 11, 2013, at the conclusion of

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the court hearing in the criminal case

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you, the participants in the criminal proceedings, including

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the defendant Navalny and his

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defense counsel, were informed that

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consideration of the criminal case had been adjourned until

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10:30 a.m. on June 13, 2013. The parties

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to the court proceedings, including

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Navalny, were instructed on the

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need to appear in the courtroom

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at the specified time. At the same time,

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despite the requirement for

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timely appearance addressed to

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Navalny, and despite the defendant’s awareness

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that a preventive measure had been imposed on him

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in the form of a written undertaking

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not to leave and to maintain proper conduct,

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which he had no right to violate.

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The defendant Navalny today, that is, on June 13

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2013, did not appear in the courtroom

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for the hearing. No information

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indicating valid reasons

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for his absence was presented to the court

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proceedings.

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At the same time, the statement that Navalny

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and his defense counsel needed to appear before

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an investigator in another criminal case is not

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a valid excuse, since

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a similar argument was raised by Navalny’s defense

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on June 11, 2013. And the court

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took this circumstance into

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account, and the defendant was informed that

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appearance in court was mandatory,

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and that the investigator would be notified,

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accordingly, of the date of the court’s

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consideration of the case.

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The information available to the court,

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which has just been stated aloud,

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indicates that the court’s information

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was received by him, that is, by Navalny,

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on June 11, 2013, and therefore on June 12

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2013 he repeatedly—that is, the investigator repeatedly—

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made attempts

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to contact Navalny and his defense counsel,

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wishing to inform them of the postponement of

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the scheduled investigative actions.

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However, the latter avoided speaking with

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the investigators on June 12.

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These circumstances indicate

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the defendant Navalny’s clear disrespect

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for the court and a violation of

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the imposed preventive measure in the form of

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a written undertaking not to leave and to maintain proper

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conduct.

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Accordingly, pursuant to

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the requirements of part 1 of Article 110 of the Criminal Procedure Code

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of the Russian Federation, we request that the preventive measure in the form of

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a written undertaking not to leave and to maintain proper conduct with respect to

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Navalny be changed to a preventive measure

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in the form of detention in custody.

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State prosecutor,

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your position.

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>> Well, Your Honor, yes, I fully

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support the motion. Indeed, we

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believe that the preventive measure imposed

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on Navalny in the form of a written undertaking

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not to leave and to maintain proper conduct was violated. That is,

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having been notified of the date of the court

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hearing, he evaded appearing in court

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and no valid reasons

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for his absence exist.

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>> The defense has something to say, so a question,

13:59

please.

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>> Would it be possible, before the defense speaks,

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to look at the message that

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was received?

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>> I have read it out in full.

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Please.

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Please read it below. Mm-hmm.

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Please.

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So, Your Honor, naturally,

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I continue to oppose the granting of this

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motion. I would like to say that,

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first, the issue of changing the preventive

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measure must be decided in the presence of

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the defendant himself.

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A preventive measure in the form of detention in custody

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is inadmissible. Second, from the response

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that you have just read out,

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it follows that

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Navalny was summoned to take part in

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procedural actions both at

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the Investigative Directorate, the Main

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Investigative Directorate, and at

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the Leninsky District Court. In essence,

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Navalny was placed in a situation of

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procedural uncertainty,

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when he was simultaneously summoned to two

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state bodies.

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Therefore, failure to appear either at the Investigative

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Directorate or in court cannot be regarded as

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disrespectful.

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And I repeat that such an issue, in any

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event, must be resolved in the presence of

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the defendant, so that he can give his explanations

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on this matter, and only then can one

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draw a conclusion as to whether the failure to appear was

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for valid reasons or

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>> Your Honor, I am categorically opposed to

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granting the motion filed by the

16:32

prosecution. I believe it is unlawful,

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unfounded, and not properly reasoned.

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As my fellow defense lawyer correctly pointed out

16:38

On Navalny's behalf, Kobzev stated that the law does not

16:40

allow the court to decide issues concerning

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changing a preventive measure to a more

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restrictive one — in this case, to the most

16:45

severe preventive measure, namely

16:47

detention in custody, in the absence of the

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defendant himself at the present court

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hearing. I believe that

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Navalny has taken no actions

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that could give the court or

16:57

the prosecution any reason to doubt

16:59

that Navalny is properly

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complying with the terms of his travel restriction

17:02

and good behavior undertaking. I believe that

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conditions were artificially created for Navalny

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under which he was indeed

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forced to choose whether to appear

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at the Leninsky District Court of

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the city of Kirov, or to take part in

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investigative actions at the Main

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Investigative Directorate of the

17:18

Investigative Committee of the Russian Federation. Navalny's defense

17:20

and Ofitserov's defense, before the start

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of the substantive consideration of this criminal case,

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filed a motion to

17:27

change territorial jurisdiction. As

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one of the grounds for

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changing territorial jurisdiction,

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the defense pointed out that Alexei Navalny

17:36

in another criminal case,

17:38

which is being handled by

17:39

investigator Nesterov, had already been placed under

17:41

the preventive measure of a travel

17:43

restriction. Thus, with respect to

17:45

Navalny, two preventive measures have been imposed in the form

17:46

of travel restrictions and good behavior undertakings,

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which he has no right to violate

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under threat of having his preventive measure

17:52

changed to a harsher one.

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And in support of the motion we also filed

17:57

to change

17:58

territorial jurisdiction, we said

17:59

that, of course, sooner or later

18:02

such a situation could arise — just as it

18:04

has arisen at the present court hearing —

18:06

where Navalny could simultaneously be assigned

18:08

investigative actions at the

18:10

Main Investigative Directorate of the

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Investigative Committee of the Russian

18:12

Federation and proceedings at the Leninsky District Court

18:15

of the city of Kirov. And as we can see,

18:18

the defense was right. This situation,

18:21

colleagues, has indeed arisen.

18:23

I believe that,

18:26

first, this issue cannot be decided in absentia,

18:28

and second,

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the fact is that Navalny

18:34

notified the court in advance that

18:36

he did indeed have investigative actions scheduled for June 13.

18:38

Attorney Kobzev

18:42

submitted the relevant

18:43

supporting documents. I carefully

18:46

reviewed investigator

18:48

Nesterov's response, and here is what struck me as

18:50

strange. Indeed, investigator

18:51

Nesterov writes that on June 11 he

18:55

tried to notify attorney Bobzieo by

18:57

telephone that no investigative

18:59

actions would take place, but in my view

19:00

this is, first, not proper

19:01

notification. Second, the defendant Navalny was not

19:03

notified that

19:05

the investigative actions concerning him

19:06

would not take place. Third,

19:08

attorney Mikhailova was not notified that

19:10

the investigative actions concerning

19:12

Navalny would not take place. And fourth,

19:14

in his

19:16

remarkable letter, investigator Nesterov does not even

19:17

state the phone number from which he

19:19

called attorney Kobzev. Based on

19:21

this, we can neither confirm

19:23

nor refute that this call

19:26

actually took place. In my

19:28

view, if investigator Nesterov

19:29

really did call attorney Kobzev,

19:32

he could have documented that call

19:34

in an appropriate report, or in this

19:36

letter that he sent to the

19:37

Leninsky District Court of the city of Kirov,

19:39

at least indicated the phone number on which

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he unsuccessfully tried

19:43

to reach Navalny's attorneys and

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properly notify them that

19:47

the investigative actions would not take place.

19:50

And besides all that, I would like to note

19:53

that the existence of two criminal cases against Navalny

19:55

running in parallel,

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one of which is being heard on the merits,

19:58

while the other is under investigation, and the fact that

20:00

Navalny is under preventive measures

20:02

in both criminal cases in the form of travel restrictions

20:04

and good behavior undertakings. In the event

20:06

that these dates truly overlap,

20:08

if the court is not willing to accommodate

20:10

the defendant and in some way take into account

20:15

the conduct of investigative actions in

20:17

the other criminal case, then time and again

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we will face the situation

20:20

where the defendant simply risks

20:22

either violating the travel restriction in this criminal case

20:24

or in the other one.

20:26

But again, I note

20:28

that in this case there are no violations whatsoever

20:31

of the travel restriction, nor can there be,

20:34

because the reason for Navalny's failure to appear at

20:36

today's court hearing

20:39

is valid.

20:40

And the fact that Navalny is currently at the

20:44

Main Investigative Directorate of the

20:45

Investigative Committee of the Russian

20:46

Federation is, in particular, confirmed by

20:48

the statement of Mr.

20:50

Nesterov. Navalny is not currently strolling around

20:52

the city of Moscow. He is not attending to personal

20:54

matters; he is at investigative

20:56

actions in another criminal case.

20:58

Accordingly, his failure to appear at the Leninsky

21:00

district court, it is, it is a valid reason. And

21:03

this episode cannot serve

21:05

as grounds for changing the preventive measure

21:07

of restraint. And I repeat once again that

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the court cannot decide the issue of changing

21:13

the preventive measure, of imposing a preventive measure

21:15

of restraint in the absence of the

21:17

defendant himself in this case.

21:19

Moreover, I believe that if the court nevertheless

21:22

grants the motion from the

21:23

prosecution, which, in my view,

21:24

is completely unlawful and unsupported, apart from

21:27

the requirements of procedural

21:27

law, this will also violate

21:30

the fundamental rights guaranteed

21:31

by the Constitution of the Russian Federation, as well as

21:33

the right to liberty and personal

21:36

inviolability, guaranteed

21:37

by Article 5 of the European Convention on

21:39

Human Rights and Fundamental Freedoms. That is

21:41

all I have to say.

21:43

>> Please, your opinion. Your Honor, I

21:45

fully support the defense's position and

21:48

believe that, well, in this case there is no

21:53

particular urgent need

21:56

to, well, to impose detention

21:59

in respect of Navalny, because

22:01

he is not refusing to appear, he

22:03

will appear, but in this case

22:05

he found himself in a bind, with a choice of either

22:07

being there or there. Therefore I believe that I also

22:09

support the defense's position.

22:12

No.

22:14

The court retires to deliberate in order

22:16

to issue a ruling on the submitted motion.

22:19

The ruling will be announced today at 3:00 p.m.

22:30

>> Yes.

22:40

Ruling of June 13, 2013, city of

22:43

Kirov. The Leninsky District Court of the city of

22:44

Kirov, composed of presiding

22:46

Judge Blinov, press secretary Korshunova,

22:48

with the participation of the state prosecutors,

22:49

the head and prosecutor of the department of

22:50

state prosecution and appeals

22:52

of the Kirov Prosecutor's Office, Bogdanov,

22:53

Cheremisina, counsel for the defendant

22:55

Navalny, attorney Kobidov, the defendant

22:57

Ofitserov, and his counsel, attorney

22:58

Davidova, having considered in an open court

23:00

hearing the materials of the case against

23:01

Navalny, charged under Part 3 of

23:03

Article 33 and Part 4 of

23:05

Article 160 of the Criminal Code of the Russian Federation, and Ofitserov, charged under

23:08

Part 5 of Article 33 and Part 4 of

23:10

Article 160 of the Criminal Code of the Russian Federation, established: Navalny

23:13

is accused of, while being in the city of

23:14

Kirov, by criminal means, while serving as an adviser,

23:16

having organized the commission of the theft

23:17

of property belonging to the Kirov Regional

23:19

State Unitary Enterprise

23:20

Kirovles by way of embezzlement on an especially large

23:22

scale. In this criminal case, Navalny

23:23

was assigned a preventive measure

23:25

in the form of a written undertaking not to leave and to maintain proper

23:27

conduct. On June 11, 2013, during

23:29

the consideration of this criminal case in

23:31

the Leninsky District Court of the city of Kirov,

23:33

the first recess in the court hearing was announced

23:34

until 10:30 a.m. on June 13, 2013, of which

23:38

the defendant Navalny, who was present at the hearing,

23:39

was personally notified

23:42

and directly. At the appointed time on June 13,

23:44

2013, Navalny did not appear at the court

23:46

hearing in the Leninsky District Court of the city of

23:48

Kirov and, through

23:49

attorney Kobelev, submitted a statement to the court that

23:51

the court hearing could not

23:52

proceed due to his summons for 12:00 p.m. on June 13

23:55

2013 to the Investigative Committee of the Russian Federation in

23:57

the city of Moscow, where in relation to him

24:00

a preventive measure had also been imposed in the form of a written undertaking

24:02

not to leave and to maintain proper conduct. During

24:04

the court hearing, the state

24:05

prosecutors Bogdanov and Cheremisina filed

24:07

a motion to change, with respect to

24:09

the defendant Navalny, the preventive measure

24:11

to detention in custody, stating that

24:12

the defendant, by failing to appear at the court

24:14

hearing, had violated the previously imposed preventive measure.

24:15

Counsel for the defendant

24:17

Navalny, attorney Kobelev, the defendant

24:19

Ofitserov, and his counsel Davidova

24:21

objected to the motion,

24:23

stating that changing the preventive measure with respect to

24:24

the defendant Navalny in his

24:26

absence would be unlawful. They also stated that

24:28

there were no grounds for changing the preventive measure,

24:29

since Navalny did not

24:30

appear in court because he had been summoned

24:32

to an investigator in another criminal case,

24:34

where a preventive measure had also been imposed on him

24:37

in the form of a written undertaking not to leave and

24:38

to maintain proper conduct. Having heard the parties

24:40

and examined the case materials, the court comes to

24:42

the following. By ruling of the Leninsky

24:43

District Court of the city of Kirov dated April 3,

24:46

2013, with respect to the defendant

24:47

Navalny, the preventive measure chosen during

24:49

the preliminary investigation in the case, namely

24:50

a written undertaking not to leave and to maintain proper

24:52

conduct, was left unchanged. In

24:54

accordance with Article 102 of the Criminal Procedure Code of the Russian Federation, a written undertaking

24:56

not to leave consists of the obligation

24:57

of the accused, including, at the appointed

24:59

time, to appear when summoned by the court and not otherwise

25:01

to obstruct the conduct of

25:02

the criminal proceedings. The defendant Navalny

25:04

violated the preventive measure imposed on him

25:05

in the form of a written undertaking not to leave and

25:07

to maintain proper conduct, since he did not appear

25:09

at the court hearing when summoned.

25:11

The court finds the reason for the failure to appear at the court

25:14

hearing of the defendant Navalny

25:15

to be not valid, since at the

25:17

court hearing on June 11, 2013, it was

25:19

announced that the court would send a letter to the investigator

25:21

of the Investigative Committee of the Russian Federation

25:23

requesting that the summons be rescheduled.

25:24

an investigative action involving

25:25

Navalny. The said letter was

25:27

sent by the court on June 11, 2013, and

25:29

received by the investigator the same day.

25:32

The defendant Navalny ignored both

25:33

the court’s notice that a letter had been sent to the investigator of the

25:35

Investigative Committee of the Russian Federation,

25:37

as well as the summons to the court hearing for

25:39

June 13, 2013, at 10:30 a.m.

25:42

Despite this, the court finds that

25:43

the motion by the state prosecutors to

25:45

change the preventive measure for the defendant

25:46

Navalny to detention in custody

25:48

is not subject to approval. Under

25:49

Part 3 of Article 247

25:51

of the Criminal Procedure Code of the Russian Federation, the court has the right to subject a defendant

25:53

who fails to appear without valid reasons

25:55

to compulsory appearance, and likewise to apply or

25:57

change the preventive measure imposed on him. Under

25:58

Part 1 of Article 108

26:00

of the Criminal Procedure Code of the Russian Federation, detention in custody as a

26:02

preventive measure is applied by court

26:04

order where it is impossible to apply a

26:06

more lenient preventive measure. Until June 13,

26:09

2013, defendant Navalny had not violated the

26:11

preventive measure. From the note

26:13

of the investigator of the Investigative

26:14

Committee of the Russian Federation, it follows that Navalny and his

26:16

defense attorneys Mikhailova and Kobzov did indeed

26:18

appear on June 13, 2013, by 12:00 noon at the

26:21

Main Investigative Directorate of the Investigative Committee of Russia. Under these

26:23

circumstances, the court has no grounds

26:25

to believe that the defendant Navalny’s future

26:26

appearances before the court will

26:27

be impossible under the preventive measure chosen for him.

26:29

Based on the foregoing,

26:30

guided by Articles 97, 99, 108, 110,

26:34

Part 3 of Article 247, and Articles 255 and 256 of the Criminal Procedure Code of the Russian Federation, the court

26:38

rules to deny

26:40

the motion of the state prosecutors to

26:42

change the preventive measure with respect to

26:43

the defendant Alexei Navalny

26:44

Anatolyevich. This ruling

26:46

may be appealed to the Kirov

26:47

Regional Court within 10 days of its

26:49

issuance; appeals shall be

26:51

filed through the Leninsky District

26:52

Court of the city of Kirov. The ruling

26:54

has been signed. The court also announces

26:56

the order for compulsory appearance dated June 13, 2013.

26:59

City of Kirov. The Leninsky District Court

27:01

of the city of Kirov, presided over by the judge

27:03

with the court clerk present,

27:04

with the participation of the state prosecutors,

27:06

the head and prosecutor of the department of

27:07

state prosecution and appeals of the

27:09

Kirov Region Prosecutor’s Office, Bogdanov

27:11

Bogdanov and Cheremesinov, defense counsel for

27:13

defendant Navalny, attorney Kobelev,

27:14

defendant Ofitserov and his defense counsel,

27:16

attorney Davydova, having considered in open

27:18

court session the materials of the criminal

27:20

case against Navalny, charged under

27:21

Part 3 of Article 33 and

27:23

Part 4 of Article 160 of the Criminal Code of the Russian Federation,

27:25

and Ofitserov, charged under Part 5 of Article

27:27

33 and Part 4 of Article

27:29

160 of the Criminal Code of the Russian Federation, established: on June 11, 2013,

27:32

during the consideration of this criminal case

27:34

in the Leninsky District Court of the city of Kirov,

27:36

a recess in the court hearing was declared

27:37

until 10:30 a.m. on June 13, 2013, of which

27:41

the defendant Navalny, who was present at the hearing,

27:42

was notified. At the appointed time on

27:44

June 13, 2013,

27:46

Navalny did not appear for the court hearing at the Leninsky

27:48

District Court of the city of Kirov,

27:49

submitting to the court a statement that

27:51

he could not appear at the court hearing

27:53

because of his summons for

27:54

12:00 noon

27:56

on June 13, 2013, to the Investigative Committee

27:58

of the Russian Federation in Moscow, where in relation to him

28:00

a preventive measure had also been imposed in the form of

28:02

a written undertaking not to leave and to maintain proper

28:03

conduct. However, the court finds the reason for defendant

28:05

Navalny’s failure to appear at the court

28:06

hearing to be disrespectful,

28:08

since at the court hearing on June 11,

28:10

2013, it was announced that the court would

28:12

send a letter to the investigator of the Investigative Committee

28:13

of the Russian Federation requesting that

28:15

the investigative action involving

28:17

Navalny be rescheduled. The said letter

28:18

was sent by the court on June 11, 2013,

28:21

and received by the investigator that very

28:22

same day. Despite this, the defendant

28:24

Navalny ignored both the court’s notice

28:26

that a letter had been sent to the

28:27

investigator of the Investigative Committee of the Russian Federation,

28:29

as well as the summons to the court hearing for

28:31

June 13, 2013, at 10:30 a.m.

28:34

In accordance with Parts 1 and 2

28:35

of Article 113 of the Criminal Procedure Code of the Russian Federation, in the event of failure to appear

28:38

when summoned without valid reasons, an accused person

28:40

may be subjected to compulsory appearance, that is,

28:42

forcible conveyance to court. Based on

28:43

the foregoing, guided by

28:44

Article 113 of the Criminal Procedure Code of the Russian Federation, the court rules

28:47

to subject defendant

28:48

Alexei Navalny Anatolyevich, born June 4,

28:51

1976, a native of the village of Butyn

28:53

in the Odintsovsky District of Moscow

28:55

Region, registered as residing at

28:56

the address: Moscow, Lyublinskaya Street, building

28:59

175, apartment 15, holder of passport

29:02

450805257

29:05

issued by the Department of Internal Affairs

29:07

of the Maryinsky Park district of Moscow on July 20,

29:09

2005, to compulsory appearance before the Leninsky District Court

29:11

of the city of Kirov on June 17, 2013, at 9

29:14

a.m. A copy of this ruling

29:16

shall be sent for execution to the Office of the

29:18

Federal Bailiff Service for Moscow

29:20

The ruling has been signed.

29:23

The court hearing is adjourned

29:26

until June 17, 2013, at 9:00 a.m.

29:31

>> Ah, perhaps a question for the 21st and the 20th

29:36

to the Senate or to...

29:37

>> The court ruling has been issued, it has

29:38

been announced. Uh, Mr. Kobelyov, counsel, we will now

29:41

serve you with a summons in the event that

29:44

the court ruling does not reach

29:46

Moscow, to the bailiff service. Here,

29:48

we will send this letter there. We will

29:51

serve you with a summons to pass on to your

29:53

authorized representative...

29:55

Judge, clos...

Original