Wednesday, August 19, 2015

Prison for the director: what Sentsova offered to condemn to 23 years – RBC

On Wednesday, the prosecutor Oleg Tkachenko asked the North Caucasus district military court in Rostov-on-Don to sentence the accused in terrorism directed from the Crimea Oleg Sentsova to 23 years of strict regime, RBC said his lawyer Dmitry Dinze. For his alleged accomplice, anarchist Alexander Kol’chenko, the prosecution asked for 12 years in prison. Protection Sentsova insists on full justification director. Lawyers Kol’chenko asked to justify it on charges of terrorism and acts of arson reclassify to softer article of the Criminal Code – “hooliganism” and “intentional damage to property».

What are accused

Residents of Crimea and Sentsov Kol’chenko were detained FSB Peninsula in May 2014. According to investigators, they, together with accomplices, members of pro-Ukrainian rallies in the Crimea – a lawyer and historian Gennady Afanasyev Andrey Cirno – 14 and 18 April set fire to the office of “Russian community of Crimea” and the local branch of “United Russia”, as well as the planned explosions on the night May 9 at the Eternal Flame and the monument to Lenin in Simferopol. FSB insists that all the detainees are members of the banned organization in Russia “Right sector».

Sentsova charged under part 1 of article 205.4 of the Criminal Code (creation and management of terrorist community), paragraph “a” of Part 2 of Article 205 of the Criminal Code (a terrorist act), Part 1 of Article 30, paragraph “a” of Part 2 of Article 205 of the Criminal Code (preparation for a terrorist attack), Part 3 of Article 30 and Part 3 of Article 222 of the Criminal Code (attempted illegal acquisition of explosives), and part 3 of Article 222 of the Criminal Code (illegal purchase, transport and storage of firearms and ammunition). Antifascist Kol’chenko charged under Part 2 of Article 205.4 of the Criminal Code (participation in the terrorist community) and paragraph “a” of Part 2 of Article 205 of the Criminal Code (a terrorist act).

As stated in the course of court proceedings, the chemist Alexander Pirogov turned FSB, saying the request Alexei Cirno make an improvised explosive device. On the instructions of the operatives chemist he produced a fake bomb and laid her under a bridge over the river Small Salgir in the vicinity of Simferopol, where when you try to pick up the device Cirno was arrested. After that testified about the other defendants in the case, describing the group, which allegedly leads Sentsov last active participant “Avtomaydana».

Cirno and Afanasyev, on the evidence which the prosecution is building a version of the involvement Sentsova arson and training explosion, agreed to cooperate with the investigation, pleaded guilty and were sentenced in a special manner (without examination of evidence) each to seven years’ imprisonment (in December 2014 and April 2015). According to the newspaper “Mediazona” four more alleged members of ‘Group terroresticheskoy “Sentsova with the names of Cyril, BORKIN, Zuikov Asanov and are wanted.

The evidence

The key evidence in terrorism prosecution considers Sentsova made with a hidden camera and recording meetings Pirogov Cirno. Last during these meetings “did not hide his anti-Russian views” and dissatisfaction with the situation in Crimea and argued that he was acting as a group, led by “a man from the” Avtomaydana. ” After the detention of Cirno testified on Sentsova and Afanasiev. According to him, he gave Sentsov krymchanin indication blow up the monument to Lenin, as well as through organizing Afanasyeva burning offices of pro-Russian organizations.

The investigation insists that Sentsov a phone call Cirno Afanasyev and urged the latter to manufacture explosive devices. In the case file there is a corresponding billing connections. In addition, during a search of the house Asanov – another alleged member of the group – was found a Makarov pistol, in which experts have found traces of biological material Sentsova. In turn, the defendant had previously stated that after the arrest operatives thrust into his mouth trunk unknown gun.

In court, the director refused to testify, insisting on political involvement and the illegality of the process. W Protecting insists that Sentsov has no relation to the preparation of the bombings of the monument to Lenin. The accusation is based solely on the testimony of Cirno and Afanasyev, who refused to confirm them in court, and Afanasiev said that the other defendants in the case stipulated under pressure, insists Dinze .

Kol’chenko preparation of the explosion is not charged, but he admitted his participation in the burning of the office of “United Russia”. This minor damage (the fire was quickly extinguished) empty premises in the evening, according to the defense, the result of incorrectly classified as terrorism. These actions can fall under Article 167 of the Criminal Code (intentional damage to property) – That it was originally a criminal case, the lawyer told Kol’chenko Svetlana Sidorkina.

Qualifications case

The punishment under the Criminal Code, which is accused of violating the 39-year-old Sentsov provides in the aggregate life sentence. The maximum possible time for Kol’chenko – 20 years in prison, respectively.

The protection of the accused believes that is no reason for such serious allegations in there. According to lawyers, the terrorist community did not exist: the Group had no unified leadership, each of the defendants in the case solved, he will take part in the arson or not, on their own. Moreover, the Federal Security Service could not provide any evidence that Sentsov Kol’chenko or participated in the “right quadrant,” or perceived its ideology, attorneys argued in court.

On the other hand, the court emphasized Kol’chenko his anti-fascist views, he even suffered at the hands of right-wing radicals, who beat him for organizing the screening of the nationalists murdered in Moscow journalist of “Novaya Gazeta” Anastasia Baburova.

In defense of Sentsova and Kol’chenko made by human rights activists and filmmakers. The Human Rights Center “Memorial” found both defendants in the case of political prisoners. After analyzing its material, human rights activists have come to the conclusion that the accusations against Sentsova based on evidence “unacceptably low quality.” Arson office, which was attended Kol’chenko, did not create a threat to life, none of the alleged terrorists did not show intent to intimidate the population, which is mandatory qualified by the terrorist attack, and did not put forward any demands, according to the «Memorial».

“Memorial” also notes that in recent years the office of “United Russia” has repeatedly been subjected to arson, but they were qualified under Article 167 of the Criminal Code (intentional destruction of property) and Article 213 of the Criminal Code (hooliganism). Both articles suggest the punishment is not more than seven years in prison.

On Wednesday it became known that the protection of Sentsova an open letter to the Russian government asked the members of the European Academy . In defense of Sentsova made, in particular, directors Aki Kaurismaki , Andrew Weida , Krzysztof Zanussi , Wim Wenders . In 2014, for the release of Sentsova made by film director Nikita Mikhalkov .

Comparable to the requested Sentsova terms from 20 to 25 years old this year received a blogger Vasiliy Fedorovich, head of the gang, which account for 14 lives, the nationalist party BORN group Mikhail Volkov, who admitted participation in two high-profile murders, a member of a terrorist organization “Vilayat Dagestan” Ramzan Khalizov, accused the terrorist attack in Pyatigorsk in 2013. , which claimed the lives of three people .

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