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Court repeatedly fines another search witness in Bakhchisarai

July 07, 2017 15:07 0 8859 QirimInfo
A repeated violation of an administrative article will become a ground for starting a criminal case.

The Bakhchisarai district court fined another witness of searches at the Crimean Tatars’ Emil Belialov for RUR 150K for having repeatedly participated in a «non-sanctioned demonstration». HR defender Lilia Gemedzhi told this in a comment for QirimInfo.

Bakhchisarai resident Emil Belialov witnessed the searches at the place of activist Seidamet Mustafayev in April this year. Before this, Belialov had already been fined for the participation in a «non-sanctioned demonstration», when he happened to witness the searches at Crimean Tatars’ near the «Salanchik» cafe in May 2016.

Initially, the police officers drew up two administrative protocols – regarding Emil Belialov and his brother Emin. However, the court considered only one protocol, although both brothers were mentioned in the materials of the administrative case.

«We started questioning the Major of police, like, how did you manage to identify it had been my client, not his twin brother? He replied he identified Emil by a mole. I asked how he had found that mole, and whether it was seen in the video,» – the human rights defender told.

In response to that, the Major of police informed that it were the FSB officers who had provided him the identification materials. Later, when making a decision, the court took into account the fact of participation of the FSB officers in drawing up administrative offense protocols against the activists, who happened to witness the searches that day.

 «When carrying out an administrative investigation, Major of police Livykh, with the help of the materials provided by the FSB, identified the participant of the demonstration exactly as Emil Belialov», – stated in the court decision.

The HR defender notes that the very fact of the participation of the FSB in starting administrative cases against the activists follows from the testimony of the policeman, which he gave in court.

 «As we realized basing on the testimony of the Major of police, the activists’ arrest was carried out under a precise instruction of the FSB. Even the judge mentioned in her decision that the FSB helped in the identification of the people», – Gemedzhi clarifies.

«When I asked in which aspect the FSB was related to making administrative charges, he said nothing. The point is, administrative cases are so not in the FSB’s league », – Gemedzhi adds.

The human rights defender also notes that the repeated violation of Article 20.2 of the Administrative Code of the Russian Federation will become a ground for starting a criminal case.

«If these two activists, who were repeatedly fined, break one of the parts of Article 20.2 of the Administrative Code of the Russian Federation ever again, criminal responsibility will follow – Article 212 of the Criminal Code of the Russian Federation», – Gemedzhi clarifies.

The HR defender also says many activists go through financial difficulties when paying fines.

«Emil is a builder. He works day and night at the construction site in order to support the family and arrange the everyday life. The sum of RUR 150K is unaffordable for him. He says it would be easier for him to serve an arrest than to pay such a huge sum of money. However, it is believed that administrative detention is a more severe punishment, so it was a fine», – Gemedzhi summarizes.  

The defense intends to appeal the decision of the Bakhchisarai district court and then file a lawsuit to the European Court of Human Rights.

It is also important to note that a week ago, on June 30, the Bakhchisarai district court repeatedly fined another activist Osman Belialov for the participation in a «non-sanctioned demonstration».

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