But Irina Kurylenko, presiding over the trial, rejected the complaint of a resident of the capital of the Kuban, Tatyana Zakharova, leaving unchanged the verdict of the Leninsky District Court, according to which, on November 2 last year, the woman was publicly found guilty. knowingly disseminate false information about circumstances that pose a threat to the life and safety of citizens.
Those present froze in bewilderment. Members of the Kuban Governor’s Human Rights Council, journalists and residents of the microdistrict where Zakharova is the chairman of the public council came to court. The court once again called the lie the truth and urged them to believe it properly.
“RG” has already told about the involvement of law enforcement in which a member of the Governor’s Human Rights Council got involved on three occasions (see “Fake it with them” of February 20, 2023, “They hit the passport” of the April 11, 2023 and “Refugee in her country” (“RG” – Week of 04/19/2023).On this occasion, we are only interested in why the investigators, prosecutors and judges got lost, as they say, in three pine trees .
mayor and revenge
There is a conflict in this story. And documented. It arose as a demonstrative flogging of public figures who criticized the administration and personally the then mayor of the Kuban capital Yevgeny Pervyshov. The conflict of interest was declared in the court of first instance. When such information appeared, the court and the state prosecutor’s office simply had to investigate it. Instead, they clearly adhered to the position of the investigation, claiming that Zakharova had published a forgery.
In addition, you will not find the “false” text in the indictment in the Zakharova case. Law enforcement officers don’t mention him, they don’t refer to him… Why? Please read carefully.
Some representatives of the Kuban Themis have their own idea of law and justice. Let’s say very gently – corporate
“The mayor of Krasnodar ordered to cancel the old passes for movement in quarantine and to issue new ones online. From Monday, April 13, 2020, the old-style special passes will cease to be valid and those who need to travel on foot or by car in the city during the coronavirus should receive a new pass. This time, the authorities took into account their mistakes with huge queues and announced that new passes will be issued remotely. You can request a pass in a separate section on the website of the city hall – download the application and receive a full pass to your e-mail How and to whom you can get a special pass , they say by hotlines: consultation centers are organized in all intra-urban and rural districts, specialized departments and offices ” … And then there are the statistics of sick and dead, list of hotlines.
What is seditious in this text? It was written by the Krasnodar blogger Alexander Zavyalov according to official information from the city administration, and this text, word for word, was republished by Zakharova on her page on social networks. It was he who was declared a “phony” by the former mayor, “defaming the system of state power and local self-government.” Miracles and more! I myself live in Krasnodar and I remember the events of April 2020 very well. Was there discontent with the townspeople and a mess with passes at the beginning of the epidemic? Were! Did you criticize the city administration for organizing anti-coronavirus events at a meeting with the governor? criticized! Has the issuance of permits been modified? Change. It turns out that the officials simply named a social activist responsible for their own miscalculations? After all, the city administration tried to remove all original information from the site, they probably hoped to cover their tracks. But what got into the Internet cannot be cut down with an ax, and even more so cannot be deleted by order of the mayor. There are two notarial certificates confirming that the source of the information posted by the blogger (and Zakharova republished it verbatim) was the official website of the mayor’s office.
I judge how I want
However, visiting the courts quite often, I involuntarily come to the conclusion that some representatives of the Kuban Themis have their own idea of u200bu200blaw and justice. Let’s say mildly, corporate. So this time, the appellate court, which was supposed to look at the defense arguments first, to evaluate them, did nothing of the kind. And for some reason, it does not seem accidental to me that both the Leninsky district judge Sergey Zalesny and the regional court judge Irina Kurylenko, under whose chairmanship Zakharova’s appeal was considered, acted according to the same template: not not to establish the truth, but adjust the facts to the correct decision.
Let’s take a look at the testimony. The prosecution says: there is no evidence for the defense. Although a petition was filed in the Leninsky Court to question 26 defense witnesses. But none of them was summoned to trial. But only prosecution witnesses were questioned. Most of them were administration officials.
By the way, the former mayor also testified in court. And the same song – he recalled the difficult situation in connection with covid, talked about the measures taken … But the mayor was modestly silent about what “Zakharovsky’s fake” is. And no one asked him about it.
And both courts, like the apple of their eye, saved the expert opinion of the expert linguist Elena Ryadchikova. The review was denied by the first instance court and then by the appeal court.
Because? Yes, simply: this is the only evidence for the prosecution, to which investigators, prosecutors and judges refer. It’s kind of a foundation stone in the wall, pull it out and it all falls apart…
Although even Ryadchikova’s colleagues have a lot, let’s say, complaints about this exam. For example, the Southern Regional Center for Forensic Expertise recognized that her expertise was useless. And according to professors of linguistics at Nizhny Novgorod State University, “the expert Ryadchikova went beyond her powers and competences.” Also, according to the same text, Ryadchikova gave mutually exclusive opinions: for Zavyalov and other social activists this is not false, but for Zakharova it is false.
The petition in court is a special tool to search for and establish the truth. But only the judge, according to his intimate conviction, evaluates the appropriateness of his satisfaction. And what did this “internal conviction” suggest in the Leninsky District Court?
Regional judge Irina Kurylenko followed in the footsteps of her district colleague. True, she nevertheless fulfilled one request: about the study of case materials. And the lawyer Oleg Sychev cited a number of fundamental materials that were not examined by the court of first instance. The appeal court also did not investigate the evidence presented, promising to assess it in the sentence handed down. But how to do without research?
Perhaps it was precisely because of all this that Judge Kurylenko did not hide her dissatisfaction with the presence of the RG journalist in the courtroom. Several times she demanded some kind of accreditation from me.
I had to call the press service of the regional court, where they confirmed that accreditation was not needed: according to Article 241 of the Code of Criminal Procedure of the Russian Federation, the trial of criminal cases in all courts is open, with the exception of cases established by law, to which the case of Zakharova is not related.
– We have not witnessed a competitive process, but a parody of it: a judicial farce, – says Mikhail Trusov, vice-president of the Human Rights Council under the governor of Kuban. -It seems that the judge, the prosecutor, the condemned woman and her defenders are living people. And he feels as if an invisible puppeteer is moving inanimate objects. Such baseless judgments form legal nihilism among people, which is fraught with the most unpredictable consequences.