Monday, October 13, 2014

Lawyers pilots Savchenko not achieved the abolition of examination – BBC Russian

  • October 13, 2014

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Mother Savchenko and Deputy “Fatherland” Alexandra Kuzhel – one of those who hoped to see the defendant in the courtroom

Basmannyy Court adjourned until November 11 hearing on the legality of the psychological and psychiatric research pilots Hope Savchenko, who is accused of complicity in the murder of two Russian journalists under Lugansk. Theoretically, lawyers Savchenko is an opportunity to challenge the move investigators, but to do so would have been after the experts speak out the name of the Serbian Institute.

Savchenko, human soldier Ukrainian Air Force, went to the east of the country as a volunteer in the battalion ” Aidar. ” Russian authorities claim that it adjusted the mortar fire that killed two in June, Russian TV journalist, and was caught when illegally crossed the Russian-Ukrainian border. Savchenko itself claims that was captured by supporters of the self-proclaimed republics of Ukraine in the east, and was then forcibly taken to Russia, that is – is kidnapped.

In addition to the court lawyers mother arrived Savchenko, as well as the prisoner who came to support the Ukrainian MPs from the party “Fatherland” – Savchenko is the first number in the party list in the upcoming parliamentary elections. All they waited several hours to see if Basmanny Court itself accused. Defenders Mark Feigin and Nikolai Polozov argued that to hold a meeting in her absence illegally.

With this argument Judge Arthur Karpov, seems to agree, but a lot of satisfaction protection is not delivered. “Neither optimism nor pessimism. Rubbish, – answered the question BBC BBC lawyer Feigin. – The result was predictable. If you wanted to isolate Nadezhda V. – and I think the goal was exactly that – they achieved it. Now more or less apparently as a consequence of acts and those who stand behind it. Interests power dominate the process “.

Ambulatory and comprehensively

If you wanted to isolate Nadezhda V. – and I think the goal was exactly that – they achieved it. Now more or less clear how the investigation and those who stand behind it

Mark Feigin, a lawyer Savchenko

Feigin said that the defense did not contest the need for expertise in principle, as it is dictated by the requirements in Articles Savchenko charges. However, he said, the study could be ambulatory, and investigators who claim that mental health Ukrainian soldiers must be investigated fully, would have to request the Ukrainian military, according to the rules of service regularly surveyed aviatrix.

But, the lawyer says, such requests are not made, and the translation Savchenko from the detention center in the Serbian Institute complicates control over how handle their client. So in November, almost a month later surveys, the protection will seek recognition of their illegal. “We will challenge the assessment, but it loses its effectiveness,” – says Feigin.

The interviewed lawyers say that, although in theory examination must be carried out only after consideration of all appeals, the case in practice, Savchenko is not much different from the rest. “There is no clear indication in the law, how to behave in this situation, unfortunately, no”, – says the head of the human rights association “Agora” Paul Pins. According to him, to the psychological and psychiatric examination, investigators have resorted, and where allegations of this article are not intended to. “The investigating authorities, thus, extending the ability to maneuver in different versions of events. Especially when the evidence in the case is not so much,” – says the lawyer.



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According to Feigin (second from left), the examination could be Savchenko outpatient

As an example, he cites the situation with the artist Peter actionists Pavlenskim. Known for his protest action on the Red Square in Moscow, when Pavlensky nailed to the pavement his scrotum. Recently Pavlenskogo trying to prosecute per share with burning tires in St. Petersburg. “Investigative Committee twice applied to the court for the appointment of the examination in the hospital, and the court twice refused this application. SC filed a third time,” – says the Pins.

According to him, the case Pavlenskogo “is a clear understanding of “what that want to send in a psychiatric hospital instead of prison.

Hope for mitigation?

Lawyer Dmitry Agranovskii not exclude the possibility that the verdict of the Institute of Psychiatrists Serbian and can help Savchenko. “If you find a deviation, it’s right is a mitigating circumstance, – he said. – If there is a deviation to [this defendant] look in court as to the kind of miserable creature who causes harm to others and yourself can not cope”.

oyna – traumatic situation and the common man in a war may commit crimes, which he he is horrified when he returned to peacetime

Dmitry Agranovskii, lawyer

Agranovskii believes that there is another possible turn – the conclusion of experts that criminal acts of the defendant pushed the military situation. “War – traumatic situation and the ordinary man in the conditions of war can commit crimes with which he himself is horrified when he returned to peacetime. Therefore it is necessary to carry out his research to understand how his actions were attributed to the surrounding environment”.

However, the head of the Public Oversight Commission Voronezh Anatoly Malakhov, communicate with Savchenko arrested back in Voronezh prison, finds that it is completely in control of his actions. “Adequate imputed woman – says Malakhov. – When my colleague asked,” you also corrected the fire, and there – women, children, “she said,” this is war, they say “.

The next milestone in this business would be the decision to extend the measure of restraint for Savchenko. Term of her detention expires on 30 October. Advocates suggest that the decision to extend the arrest will be made in her absence until Savchenko is located in the Institute. Serbian. “We, of course, will insist Savchenko was able to participate in the consideration of this issue, “- said another attorney Ukrainian Nikolai Polozov.

If Savchenko did appear in court, then to Moscow, possibly coming leader of the” Fatherland “Yulia Tymoshenko, conceded Savchenko first position in the electoral list. Tymoshenko promised to support the defendant Savchenko his presence, but according to a “homeland” Andrew Kozhemyakina, the party has decided that in this sense is not enough, as the meeting was declared closed in advance.

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