Text version
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The court hearing is open to the public.
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The appellate submission is being considered.
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The submission of the state prosecutor
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by Bogdanov against the ruling of the Leninsky Military
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Court of the city of Kirov dated July 18, 2013
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regarding the detention of the convicted
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and of one officer until, in relation to
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the others, the judgment of the Leninsky District
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Court dated July 17, 2013 enters into
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legal force.
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I declare the court session open.
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The convicted persons are present.
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They have been brought in.
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Defense attorneys Mikhailova, Kobeleva, and Koski
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for the defense.
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Attorney Davydov represents Ofitserov's defense.
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For the state:
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head of a department of the Kirov Region Prosecutor's Office
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Bogdanov, and head of the directorate
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of the Kirov Region Prosecutor's Office.
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The identity of the convicted person is being established.
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Alexandrovich
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State your surname and first name: Navalny, Alexei
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date, month, and year of birth.
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>> Born on June 4, 1976.
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>> Place of birth?
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>> Solnechnogorsk District, Moscow Region.
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>> Registered at what address? Lis... 75/15.
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Moscow.
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Proceeding to Ofitserov.
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First name and patronymic of Ofitserov... Yuryevich.
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>> Date, month, and year of birth?
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>> May 4, 1975.
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>> Place of birth?
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>> ... city, USSR.
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>> Registered at?
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>> Moscow, Ozyornaya Street, building 15.
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Apartment 95.
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To the convicted Navalny and Ofitserov
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your rights are explained. So, you have the right
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to file motions, to give
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testimony, to use the assistance
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of defense counsel, to receive copies of decisions
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issued by the court, and to appeal in case
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of disagreement. You are entitled to ознакомиться with
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the record of the court hearing
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and submit comments on it.
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Navalny, are your rights understood?
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>> Yes, understood.
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Ofitserov, are your rights understood?
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>> Understood.
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>> Please sit down.
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The participants in the proceedings are asked whether they have
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any motions at this stage. The parties?
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Defense?
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Any motions at this stage?
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>> No.
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>> The court proceeds to the judicial examination.
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The case materials are being presented.
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>> By the ruling of the Leninsky District Court of the city of
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Kirov, dated July 18, 2013, Alexei Navalny
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Anatolyevich
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born in 1976, a native of ... District
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of Moscow Region, and
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Pyotr Yuryevich Ofitserov, born May 4, 1975,
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born in ... city, ... region,
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Radino.
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had their preventive measure changed to
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detention in custody until the entry into
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legal force of the judgment against each of them
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of the Leninsky District Court of the city of Kirov
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dated July 18, 2013. In the appellate submission
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the appellate submission
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the state prosecutor Bogdanov indicated
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that the grounds provided by Article
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97 of the Criminal Procedure
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Code of the Russian Federation for changing the preventive measure
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to detention at the appellate stage were absent
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because Navalny and Ofitserov
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had not violated the previously imposed on each of them
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preventive measure in the form of a written undertaking not to leave
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and proper conduct. Moreover,
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on July 17, 2013, Navalny
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was registered as a candidate for
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Mayor of Moscow, and the previously chosen measure of
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detention in custody
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would hinder ensuring full
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access of the candidate to voters
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during the election campaign. In view of the above,
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it is requested to change, in relation to
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Navalny and Ofitserov,
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detention in custody to a written undertaking of
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not to leave and proper conduct until
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the judgment of July 18 enters into
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legal force. Those are the arguments of the appellate
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submission.
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First.
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Your Honor, the floor
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is given to the state prosecutor.
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Bogdanov: Your Honor, I fully
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support the arguments set out in my submission
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and ask that it be granted.
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I ask that the preventive measure chosen by the Leninsky District Court on July 18
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of detention in custody
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be changed to a written undertaking pending the entry into legal force.
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>> The submission of the state prosecutor
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I fully support; I believe that the ruling
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of the Leninsky District Court on changing
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the preventive measure for Ofitserov and Navalny
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Alexei...
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Dear colleagues, this is once again that rare case
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when I completely
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agree with the prosecutor. I also ask that
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the preventive measure for Pyotr Yuryevich be changed
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because there were no grounds for choosing the most
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severe preventive measure.
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The Leninsky District Court had no such grounds, therefore
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I ask that Ofitserov's preventive measure be changed
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to a written undertaking of proper conduct.
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I also support
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the prosecutor's position and ask that it be granted.
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Yes, I also support the appellate
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submission and believe that
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indeed, the preventive measure in the form
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of detention in custody was imposed
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absolutely unlawfully. There were no grounds
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for this whatsoever. To impose such a harsh measure
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of restraint—the strictest one—
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to choose, and I ask that the previous measure be restored.
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also supports the submission made by the prosecution
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there were also grounds at that time for changing
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the preventive measure imposed on him
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>> Your Honor, first of all I would like
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to draw your attention to
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the need, after all, to establish
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the identity of Prosecutor Bogdanov, because
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there is a possibility that this is his double
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who was substituted by representatives
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of the opposition, because it was Prosecutor
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Bogdanov who demanded that I be taken into
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custody in the courtroom. That is first. Second, what
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is happening here is yet another
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proof of the absolute
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political motivation of these proceedings. And, uh, speaking
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of which, I of course support
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the prosecutor's motion, and I would like
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to express my gratitude to all those people
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who took to the streets in cities across the country
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against this unjust ruling and made it possible
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for this court hearing to take place today.
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Thank you.
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Your Honor, I support the prosecutor's motion
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and ask that it be granted.
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The court is determining the possibility
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of considering the appellate submission
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without re-examining the evidence
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that was examined by the court of first instance.
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The party
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>> The defense says that it is possible
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>> Possible.
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Having heard the parties' opinions, the judicial panel
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has ruled to consider
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the submission in the appellate court
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without re-examining the evidence
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reviewed by the court of first instance.
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The parties are asked whether they have
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any motions to supplement the judicial
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inquiry. Prosecution?
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>> None.
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>> Defense?
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>> The judicial inquiry is declared concluded.
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We now proceed to the parties' arguments. The floor
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is given
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to the state prosecutor.
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Your Honor,
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by the judgment of the Leninsky District Court
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with respect to Navalny and Ofitserov on 17
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July 2013, the previously imposed
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measure of restraint applied to the convicted persons
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was changed from a recognizance not to leave
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to detention in custody. The prosecution
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believes that this decision
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of the court, insofar as it changed the preventive measure,
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contradicts the requirements established by
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the criminal procedure
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legislation, in particular Article 110
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of the Criminal Procedure Code,
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since the grounds provided for by Article
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97 of the Criminal Procedure Code for
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changing the preventive measure at the appellate stage
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were absent. Navalny and
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Ofitserov had not violated the previously imposed preventive measure;
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they had shown no risk of improper conduct.
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Moreover,
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Navalny was registered on 13 July 2013
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as a candidate in the election
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for Mayor of Moscow, and therefore
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the preventive measure imposed on him by the court's decision
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hinders the guarantee of equal access
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for candidates to work with voters and
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to conduct the election campaign.
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Therefore, we ask that the measure imposed by the Leninsky
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District Court of the city of Kirov on 18 July
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2013 with respect to Alexei Navalny
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and Pyotr Yuryevich Ofitserov
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the preventive measure in the form of detention
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in custody be changed to a recognizance not to leave and
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proper conduct until the court's judgment
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of 17 July 2013 enters into legal force
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in accordance with the law.
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I support the submission and
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the arguments set out in it.
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Yes, esteemed colleagues, as for me,
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I essentially have nothing to add.
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From the outset, I ask that the officially imposed
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preventive measure be changed, since the Leninsky District Court had no
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such grounds for taking the exceptional measure
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of custody with respect to my client
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before the judgment entered into legal force. Therefore I ask
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that the official
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preventive measure be changed to a recognizance not to leave and proper conduct.
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Thank you.
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I so request.
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The position is unified. In this case, let us
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simply ask that it be granted.
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the submission
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the submission.
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>> Navalny, you have the floor. I support
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the arguments set out by the defense and the prosecution.
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>> I support both the defense and the prosecution and ask
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that the motion be granted.
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The parties' arguments are concluded. The final statement
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is granted.
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Lately I seem to be getting a lot of final statements,
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so this time, I
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probably will not deliver
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any long final remarks.
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Once again, I want to thank everyone who
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in one way or another made it possible for
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this hearing to be taking place right now.
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>> The official final statement
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is granted.
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I would like to say a big thank-you to those
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people who helped ensure
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that this hearing took place, and I ask
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that this appellate submission be granted.
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The court retires to the deliberation room to
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make its decision.
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Appellate proceedings.
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City of Kirov, 19 July 2013. The judicial
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panel for criminal cases of the Kirov
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Regional Court, composed of presiding judge
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Invasitnikova
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Rekovy
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considered in open court
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at a hearing on 19 July 2013 in the city
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In Kirov, the appellate submission
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of State Prosecutor Bogdanov against the decision in
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the Leninsky District Court dated July 18
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2013 on changing the preventive measure to
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detention
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Sergei Anatolyevich, born June 4, 1976
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born in the village of
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the Odintsovo District of Moscow Region
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and Pyotr Yurovich Ofitserov, born May 4, 1975
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born in the city of
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who had no prior convictions before
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the entry into force, with respect to each of them
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of the judgment of the Leninsky District Court of the city
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of Kirov dated July 18, 2013, into legal
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force, having heard the report of the judge and the statements
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of the state prosecutors Bogdanov and
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Petelina, who supported the arguments
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of the appellate submission, the views
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of Navalny and Ofitserov, as well as their
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defense counsel, attorneys Mikhailova and Kolev
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Kopyeva and Dobutova, who considered it necessary
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to overturn the judicial decision on the grounds
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stated in the appellate submission
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The judicial panel established that in
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the appellate submission
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of State Prosecutor Bogdanov
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the issue is raised of overturning the decision
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of the Leninsky District Court of the city of Kirov dated 18
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July 2013 on changing the preventive measure to
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detention in custody for Navalny and
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Ofitserov. As grounds for the submission
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it is stated that the grounds provided for
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by Article 97 of the
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Criminal Procedure Code of the Russian Federation
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for changing the preventive measure to
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during the appellate period were absent
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since Navalny and Ofitserov had previously
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complied with the preventive measure chosen for each of them
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of a written undertaking not to leave and proper conduct
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and had not violated it. Moreover,
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on July 17, 2013, Navalny
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was registered as a candidate in the
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Moscow mayoral election, in connection with which the chosen
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preventive measure of detention in custody with respect to him
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would hinder ensuring
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equal access for candidates to work with
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voters during the election campaign
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Having reviewed the case materials and discussed
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the arguments of the appellate submission
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and heard the parties’ views, the judicial panel
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comes to the following conclusion
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On May 10, 2011, by the Main Investigative
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Directorate of the Investigative Committee
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of the Russian Federation, with respect to
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Navalny and Ofitserov, there was initiated
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a criminal case on the grounds of the elements
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of an offense provided for by Article 165
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part three, paragraph "a," of the Criminal
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Code of the Russian Federation. On January 17
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2014, Navalny was charged under
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Articles 33 part three and 160
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part four of the Criminal Code
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of the Russian Federation, and Ofitserov under Article
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33 part five and Article 160 part
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four of the Criminal Code of the Russian Federation
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On July 31
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of that year, with respect to Navalny, and on August 6
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2012, with respect to Ofitserov, there was
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chosen a preventive measure in the form of a written undertaking
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not to leave and proper conduct. This preventive measure
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was chosen for them so that they would not abscond from
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the investigation or the court, would not continue engaging in
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criminal activity, would not threaten
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witnesses and participants in the criminal proceedings,
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would not destroy
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evidence, or otherwise
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obstruct the criminal case. On July 18
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2013, by the judgment of the Leninsky
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District Court of Kirov, Navalny was found guilty
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of committing the offense provided for
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by Articles 33 part three
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and 160 part four of the Criminal Code of the Russian Federation, and he was sentenced
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to 5 years’ imprisonment with
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a fine of 500,000 rubles and to serve
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the principal sentence in
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a general-regime correctional colony
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By the same judgment, Ofitserov was found guilty
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of committing the offense provided for
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by Articles 33 part five and 160
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part four of the Criminal Code
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of the Russian Federation. He was sentenced
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to 4 years’ imprisonment with a fine
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of 500,000 rubles, to be served
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as the principal sentence in a correctional
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colony of general regime. By the court’s judgment
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it was ordered to change the previously imposed on Navalny and
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Ofitserov preventive measure from a written undertaking
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not to leave and proper conduct to detention in
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custody until the judgments enter into
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legal force, and they were taken into
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custody in the courtroom.
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In accordance with Article 108
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of the Criminal Procedure Code
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of the Russian Federation, detention in
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custody as a preventive measure
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is applied when it is impossible to apply
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another, more lenient preventive measure.
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According to Article 110 of the Criminal
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Procedure Code of the Russian
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Federation, preventive measures are changed to
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a stricter one when there is a change in
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the grounds for its imposition. The law treats as such
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the existence of sufficient grounds
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to believe that the accused may abscond from
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the court, may continue engaging in
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criminal activity, may threaten
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witnesses or other participants in the criminal
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proceedings, may destroy
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evidence, or otherwise
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obstruct the proceedings in
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the criminal case. From the submitted
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materials, the following grounds are established
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for imposing on Navalny the preventive measure in the form
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of a written undertaking not to leave and proper conduct, and not
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only that: Navalny and Ofitserov have permanent
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places of residence, which they did not leave without
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the court’s permission, and within the prescribed time
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they appeared when summoned by the court and otherwise
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...did not obstruct access under the terms...
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...nor did they hinder it; moreover, by changing the preventive measure...
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...of restraint to a stricter one, the court of first instance...
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...failed to take into account that on July 17, Alexei Navalny...
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...in 2013, by decision of the Moscow City...
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...Election Commission, was...
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...registered as a candidate...
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...for an elected public office...
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...in Moscow. In accordance with Article Thirty-
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Two of the Constitution of the Russian Federation,
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citizens of the Russian Federation have
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the right to be elected to bodies of
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state authority. The right to be elected is not held by
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citizens who are being held in
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places of deprivation of liberty under a court
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sentence. In accordance with the laws of the city of
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Moscow on public offices
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of the city of Moscow and the Electoral Code
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of the city of Moscow, the office of Mayor of Moscow
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is an elected public
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office. All candidates enjoy
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equal rights, including in campaign
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activities. Moreover, the candidate independently
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determines the content, forms, and methods of its
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conduct, independently carries it out, and
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...during the campaign period, which
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ends at 00:00 twenty-four hours before
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voting.
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During this period, a registered
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candidate has the right to appear personally on
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television and radio channels, participate in
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public campaign events,
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and conduct election campaigning in
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print publications and mass media.
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Navalny's detention during the course of the
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campaign period in a place of detention would justly
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place him in an unequal position compared with other
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registered candidates,
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restrict his right to be elected, and
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in such circumstances the judicial panel
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considers it necessary to overturn the decision of the Leninsky
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District Court of the city of Kirov dated July 18, 2013, on
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changing the preventive measure for Navalny and Ofitserov
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from a written undertaking not to leave
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and to behave properly to detention in
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custody.
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On the basis of the foregoing, pursuant to Articles
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389.1,
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389.15,
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389.20,
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389.28,
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and 389.33
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of the Criminal Procedure Code
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of the Russian Federation, the judicial panel
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has ruled:
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The submission of the state
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prosecutor Bogdanov is granted; the decision
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of the Leninsky District Court of the city of Kirov of July 18,
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2013, on changing
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the preventive measure for Pyotr Yuryevich Ofitserov
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from a written undertaking not to leave
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to detention in custody,
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is отменed; until the sentence
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of the Leninsky District Court of the city of Kirov of July 18,
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2014 enters into legal force, the previously
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selected preventive measure for Navalny and Ofitserov
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in the form of a written undertaking to behave properly
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shall remain in effect; Navalny and
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Ofitserov are to be released from custody in the courtroom
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immediately. The appellate ruling
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is final.
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Say something.
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Yulia asks: "What if in a month
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it happens again?"
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Take part in the elections.
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>> All right, let's be careful.
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>> It's fine, it's fine.
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Well, once again I just want to say that
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I am very grateful to everyone who,
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>> uh, everyone who supported us, everyone who
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came out yesterday to Manezhnaya Square (a central square in Moscow) and to other
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squares. And we understand perfectly well that what
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has happened now is a
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completely unique phenomenon in the sphere of
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Russian justice. In fact, it's even
19:24
a rather awkward moment, when on the motion of a prosecutor
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the only people ever released were
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you and prosecutors who had previously
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protected an illegal casino operation. And no one else
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has ever had that happen. I am very
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grateful to all those people; I would like
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simply to hug everyone who in one way or
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another helped make it possible that today
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this happened. And I want once again
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to thank my defense team. We understand
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that these strange
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moments, when everyone is sad and then
19:49
rejoices. Perhaps after some
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time there will again come a moment when
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everyone will have to be sad. But nevertheless,
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if we have even a couple of months
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to keep fighting, then we will
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fight. Thank you all very much. We
20:01
need to collect our things. As for taking part
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in the elections, I'm not some kind of
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you know, tame kitten or puppy for them,
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that they first threw out of the election:
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"You won't be taking part," and then said:
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"No, let's let him out for a month
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so he can take part in
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the election." I am now returning to Moscow; we
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will discuss everything with our campaign team." I have already
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said many times that regardless of
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what happens, whether it is a real prison term or
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a suspended sentence, the campaign will
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continue, because it is our communication
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with voters, not with commissions. In
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what form? In the form of a boycott, in the form of
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continuing the election campaign. We—I will make
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that decision as soon as I get home, get
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to Moscow, and meet with my campaign team and
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those people, the volunteers, who support
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me and who are
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an integral part of the team and the main
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place where decisions are made.
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Thank you very much. We need to get our
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things. Once again I want to say a big
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thank you to everyone and remind you that what
20:56
What happened today is the result of the choice
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of each person. The decision of those people who
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came yesterday, who, uh, came today.
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Thank you all very much. Yes, actually this is
21:07
a big surprise, because until
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today, at 10:00 a.m., well, I had a petition, I
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understand that at least there was a radio in
21:11
the cell, and today at 10:00 a.m. they came to me
21:13
and said, back to court again. And actually
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it was strange. I thought maybe they were going to
21:16
open some new case.
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That's it, they let me go back.