Khimki City Court ruling extending the period of detention in custody in the Yves Rocher case

Khimki Urban Okrug

RULING

Appendix 18

January <<18>>, 2021

Judge E.E. Morozova of the Khimki City Court of the Moscow Region, with the participation of Deputy Khimki City Prosecutor of the Moscow Region E.A. Koloskova, convicted person Alexei Anatolyevich Navalny, defense counsel O.O. Mikhailova, who presented attorney ID No. 10104 and warrant No. 511, V.D. Kobzev, who presented attorney ID No. 6925 and warrant No. 040350, representative of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region E.V. Naumova, and with judicial assistant Yu.Yu. Goncharova, considered, at an off-site court hearing held on the premises of Police Department No. 2 of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region, the application of I.V. Yanchuk, head of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region, concerning Alexei Anatolyevich Navalny, convicted by the judgment of the Zamoskvoretsky District Court of Moscow dated 30 December 2014 under Part 2 of Article 159.4, Part 3 of Article 159.4, and Paragraph “a” of Part 2 of Article 174.1 of the Criminal Code of the Russian Federation, and sentenced pursuant to Part 2 of Article 69 of the Criminal Code of the Russian Federation to 3 (three) years and 6 (six) months of imprisonment, with a fine of 500,000 rubles, with the sentence deemed suspended pursuant to Article 73 of the Criminal Code of the Russian Federation and a probation period of 5 (five) years; by the appellate ruling of the Judicial Panel for Criminal Cases of the Moscow City Court dated 17 February 2015, the judgment of the Zamoskvoretsky District Court of Moscow dated 30 December 2014 was amended and, finally, for the aggregate of crimes предусмотренных Part 2 of Article 159.4, Part 3 of Article 159.4, and Paragraph “a” of Part 2 of Article 174.1 of the Criminal Code of the Russian Federation, pursuant to Part 2 of Article 69 of the Criminal Code of the Russian Federation, a sentence of 3 (three) years and 6 (six) months of imprisonment was imposed, with the sentence deemed suspended pursuant to Article 73 of the Criminal Code of the Russian Federation and a probation period of 5 (five) years, imposing on A.A. Navalny the following obligations: not to change his permanent place of residence without notifying the specialized state body responsible for supervising convicted persons, to notify that body in advance of any change in his actual place of residence, to report for registration in a timely manner no fewer than twice a month, regarding the remand in custody of convicted person A.A. Navalny for a period of up to 30 days.

Having examined the submitted materials and heard the opinions of the prosecutor, the representative of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region, the convicted person, and defense counsel, the court

FOUND:

By the judgment of the Zamoskvoretsky District Court of Moscow dated 30 December 2014, A.A. Navalny was convicted under Part 2 of Article 159.4, Part 3 of Article 159.4, and Paragraph “a” of Part 2 of Article 174.1 of the Criminal Code of the Russian Federation and, pursuant to Part 2 of Article 69 of the Criminal Code of the Russian Federation, sentenced to 3 (three) years and 6 (six) months of imprisonment, with a fine of 500,000 rubles; pursuant to Article 73 of the Criminal Code of the Russian Federation, the sentence was deemed suspended with a probation period of 5 (five) years. By the appellate ruling of the Judicial Panel for Criminal Cases of the Moscow City Court dated 17 February 2015, the judgment of the Zamoskvoretsky District Court of Moscow dated 30 December 2014 was amended and, finally, for the aggregate of crimes under Part 2 of Article 159.4, Part 3 of Article 159.4, and Paragraph “a” of Part 2 of Article 174.1 of the Criminal Code of the Russian Federation, pursuant to Part 2 of Article 69 of the Criminal Code of the Russian Federation, a sentence of 3 (three) years and 6 (six) months of imprisonment was imposed, with the sentence deemed suspended pursuant to Article 73 of the Criminal Code of the Russian Federation and a probation period of 5 (five) years, imposing on A.A. Navalny the following obligations: not to change his permanent place of residence without notifying the specialized state body responsible for supervising convicted persons, to notify that body in advance of any change in his actual place of residence, and to report for registration in a timely manner no fewer than twice a month.

On 03.03.2015, convicted person A.A. Navalny was registered with Branch No. 11 of the Federal State Institution Criminal-Executive Inspectorate of the Federal Penitentiary Service of Russia for Moscow.

On 10.03.2015, an initial interview was conducted with A.A. Navalny, the conditions of his suspended sentence and the obligations imposed on him by the court were explained, and a written acknowledgment was obtained.

By ruling of the Lyublinsky District Court of Moscow dated 14.05.2015, the obligation imposed by the judgment of the Zamoskvoretsky District Court of Moscow dated 30.12.2014—to report for registration in a timely manner no fewer than twice a month—was supplemented by the obligation to report for registration on the days set by the criminal-executive inspectorate.

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On 14.10.2016, convicted person A.A. Navalny was registered with Branch No. 15 of the Federal State Institution Criminal-Executive Inspectorate of the Federal Penitentiary Service of Russia for Moscow in connection with his move to a new place of residence at the address: Moscow, ul. On 20.10.2016, the conditions of the suspended sentence and the obligations imposed on him by the court were again explained to convicted person A.A. Navalny. By ruling of the Simonovsky District Court of Moscow dated 04.08.2017, the probation period imposed on A.A. Navalny by the judgment of the Zamoskvoretsky District Court of Moscow dated 30.12.2014, taking into account the amendments introduced by the appellate ruling of the Judicial Panel for Criminal Cases of the Moscow City Court dated 17.02.2015, was extended by 1 (one) year. In accordance with the ruling of the Lyublinsky District Court of Moscow dated 14.05.2015, the inspectorate set the registration days as the first and third working Monday of each month. During the probation period in 2020, convicted person A.A. Navalny systematically violated the court-imposed obligation to report for registration in a timely manner, no fewer than twice a month, on the days established by the criminal-executive inspectorate, namely: 13.01.2020 — failure to appear for registration on the day set by the inspectorate. 23.01.2020 — a warning of revocation of the suspended sentence was issued (he refused to provide written explanations; a statement of refusal to sign was drawn up). He was notified to appear for registration on 27.01.2020. 27.01.2020 — failure to appear for registration on the day set by the inspectorate; a warning of revocation of the suspended sentence was issued (he refused to provide written explanations; a statement of refusal to sign was drawn up). He was notified to appear for registration on 17.02.2020. In addition, in January 2020, A.A. Navalny violated the court-imposed obligation to report for registration in a timely manner no fewer than 2 (two) times per month. In January 2020, A.A. Navalny appeared at Branch No. 15 once (23.01.2020). 17.02.2020 — failure to appear for registration on the day set by the inspectorate. 20.02.2020 — a warning of revocation of the suspended sentence was issued (he refused to provide written explanations; a statement of refusal to sign was drawn up). He was notified to appear for registration on 02.03.2020. 02.03.2020 — failure to appear for registration on the day set by the inspectorate. 05.03.2020 — a warning of revocation of the suspended sentence was issued (he refused to provide written explanations; a statement of refusal to sign was drawn up). He was notified to appear for registration on 16.03.2020. 16.03.2020 — failure to appear for registration on the day set by the inspectorate. 19.03.2020 — a warning of revocation of the suspended sentence was issued (he refused to provide written explanations; a statement of refusal to sign was drawn up). He was notified to appear for registration on 06.04.2020. Due to the unfavorable epidemiological situation, from 17.04.2020 to 01.06.2020 registration was conducted remotely (30.04.2020, 14.05.2020, 25.05.2020, 01.06.2020) in accordance with the previously issued schedule. On 15.06.2020, A.A. Navalny appeared for registration at Branch No. 15 of the Federal State Institution Criminal-Executive Inspectorate of the Federal Penitentiary Service of Russia for Moscow. On 15.06.2020, upon appearing at the branch, the convicted person refused to provide written explanations and to receive notice of the next appearance. The next registration appearance was scheduled for 06.07.2020. 06.07.2020 — failure to appear for registration on the day set by the inspectorate. 09.07.2020 — a warning of revocation of the suspended sentence was issued (he refused to provide written explanations). He was notified to appear for registration on 20.07.2020. 20.07.2020 — A.A. Navalny appeared for registration at Branch No. 15 of the Federal State Institution Criminal-Executive Inspectorate of the Federal Penitentiary Service of Russia for Moscow. The next registration appearance was scheduled for 03.08.2020. 03.08.2020 — A.A. Navalny appeared for registration at the branch. The next registration appearance was scheduled for 17.08.2020. 17.08.2020 — A.A. Navalny failed to appear at the branch for registration. 2 82

During the period from 17.08.2020 to 28.12.2020, convicted person A.A. Navalny did not appear at the inspectorate. On 20.08.2020, it was established from media reports that while flying from Tomsk to Moscow, A.A. Navalny fell ill and was therefore hospitalized at Omsk City Clinical Emergency Hospital No. 1. On 22.08.2020, it was established from media reports that A.A. Navalny had been sent to Berlin, Federal Republic of Germany, to undergo treatment at the Charité clinic. On 04.09.2020 and 07.10.2020, requests were sent to Omsk City Clinical Emergency Hospital No. 1 seeking information regarding A.A. Navalny’s treatment there. On 16.10.2020, Branch No. 15 sent a registered letter to his place of residence notifying convicted person A.A. Navalny to appear at the branch on 23.10.2020. The convicted person did not appear in response to the summons. According to the reply from Omsk City Clinical Emergency Hospital No. 1 dated 29.10.2020, A.A. Navalny underwent treatment in the acute poisoning department of Omsk City Clinical Emergency Hospital No. 1 from 20.08.2020 to 22.08.2020. According to information provided by the Charité medical center dated 11.11.2020: “A. Navalny was hospitalized at Charité University Medical Center from 22.08.2020 to 23.09.2020.” According to a notice received by Branch No. 15 on 23.11.2020, A.A. Navalny was hospitalized on 22.08.2020 at Charité University Medical Center (Berlin, Federal Republic of Germany), where he remained as an inpatient in the intensive care unit until 23.09.2020. The documents submitted by the medical institution do not specify the period during which convicted person A.A. Navalny was receiving outpatient treatment or the period of the patient’s rehabilitation; these have not been factually confirmed. Nor has A.A. Navalny’s presence at the address indicated by him in the notice been officially confirmed. In order to establish the actual whereabouts of convicted person A.A. Navalny, the inspectorate visited his place of residence on 16.09.2020 and 16.12.2020. During these visits, it was established that the convicted person was absent from his place of residence at the times of the checks. Thus, as of 24.09.2020, the criminal-executive inspectorate did not know the actual whereabouts of convicted person A.A. Navalny. By ruling of the Federal Penitentiary Service of Russia for Moscow dated 29.12.2020, convicted person A.A. Navalny was placed on the wanted list. On 17.01.2021, the whereabouts of convicted person A.A. Navalny were established by officers of the Federal Penitentiary Service of Russia for Moscow together with officers of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug. A.A. Navalny was detained for up to 48 hours. At the court hearing, A.A. Navalny and defense counsel O.O. Mikhailova and V.D. Kobzev objected to granting the application, arguing that A.A. Navalny had not been hiding from the Moscow offices of the Federal Penitentiary Service and therefore had been unlawfully detained. Prosecutor E.A. Koloskova and E.V. Naumova, representative of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region, supported the application. Thus, there are no grounds to deny the application of I.V. Yanchuk, head of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region, since A.A. Navalny evaded serving his sentence. On 29.12.2020, the head of the Federal Penitentiary Service of Russia for Moscow, pursuant to Part 2 of Article 18.1 of the Penal Enforcement Code of the Russian Federation, placed A.A. Navalny on the wanted list for evading service of his sentence. On 17.01.2021, A.A. Navalny was detained by officers of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region for 48 hours and brought before the court at the place of detention for consideration of the application for the convicted person’s remand in custody. The arguments of A.A. Navalny and defense counsel O.O. Mikhailova and V.D. Kobzev that A.A. Navalny had not been hiding from the Moscow offices of the Federal Penitentiary Service and therefore that A.A. Navalny 83 83

had been unlawfully detained were examined at the court hearing and were not objectively confirmed.

The summons from Judicial District No. 320 of the Yuzhnoye Medvedkovo District of Moscow dated 30.12.2020, presented at the court hearing by defense counsel O.O. Mikhailova, cannot serve as grounds for denying the application received, since it merely confirms that A.A. Navalny was summoned to that judicial district.

the court.

On the basis of the foregoing and guided by Article 46 of the Penal Enforcement Code of the Russian Federation and Articles 396, 397, and 399 of the Criminal Procedure Code of the Russian Federation,

RULED:

Grant the application of I.V. Yanchuk, head of the Ministry of Internal Affairs of Russia for the Khimki Urban Okrug of the Moscow Region.

Extend the period of detention of Alexei Anatolyevich Navalny, born on 04.06.1976, a native of the village of Butyn, Odintsovo District, Moscow Region, a citizen of the Russian Federation, convicted by the judgment of the Zamoskvoretsky District Court of Moscow dated 30.12.2014, to 30 (thirty) days, that is, until 15 February 2021.

This ruling may be appealed to the Moscow Regional Court within 3 days of the date it was issued.

The convicted person shall be informed of his right, in the event that an appeal complaint or appellate submission is filed, to petition within 3 days from the date he is served with a copy of this ruling for his participation in the consideration of the matter by the appellate court.

Judge’s signature

True copy

Judge:

Secretary:

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