Russia’s Supreme court will review “the matter of “Kirovles”, according to which opposition leader Alexei Navalny was sentenced to five years of probation. The trial on the merits scheduled for November 16.
As reports “Echo of Moscow”, the decision to reopen the proceedings taken in connection with the verdict of the European court of human rights (ECHR).
“Protecting Navalny hopes for the abolition of the sentence,” said lawyer Olga Mikhailova. Recall politician August 22, appealed to the Supreme court (SC) statement on the revision of the “case “Kirovec”.
On 8 April, the Moscow city court suspended the proceedings on the appeal on the decision of Nikulinskiy court for the recovery of 16 million rubles from Alexei Navalny and two other defendants in the case on embezzlement of property of “Kirovles” on the claim of the company. Thus the court has satisfied the petition of Olga Mikhailova, who asked to suspend the proceedings on the appeal in connection with the decision of the ECHR, recognized in February 2016, in the case of “Kirovles” violated the right to a fair trial.
In may, the Ministry of justice of Russia appealed the decision of the ECHR awarded to pay opposition leader Alexei Navalny and his business partner Peter Ofitserova more than 86 thousand euros as compensation. However, in July, the ECtHR rejected the justice Ministry to revise its decision. Thus the ECHR decision on the award of compensation entered into force. Now the verdict on the “case “Kirovec” should be repealed or modified by the Supreme court of the Russian Federation.
“We finally won,” rejoiced then Alexei Navalny. However, on 24 October, when it became aware of the revision of the “case “Kirovec” in his blog, the opposition leader wrote that soon he will stand trial on new charges.
“The shocking case of “libel against an honest COP who bought mom’s apartment for a million dollars” investigated (whatever that means) and will soon be submitted to the court,” – said Navalny. We are talking about a former investigator MIA Pavel Karpov, appearing in the Magnitsky list.
“This music will be eternal. 5 years is not such that I some time looked like without the proud status of “suspect”, “accused” or “defendant”, – says Bulk.
In August, “Kommersant” wrotethat to appeal the verdict in the “case of “Kirovles” Navalny wanted to ensure that in 2018 he could participate in presidential elections. To the Committee of Ministers of the Council of Europe (COE) then received a request of representatives of opposition with a request to assist in the revision of his sentence.
According to them, without pressure from the Committee of Ministers to reopen the case “will be a mere formality” and the Supreme court ignore the findings of the European court, leaving the sentence unchanged, as it was in “similar politically sensitive cases” ex-head of Yukos Mikhail Khodorkovsky and sentenced to life imprisonment the former head of Department of internal economic security of Yukos, Alexei Pichugin.
By law, Navalny has no right to participate in elections during five years of probation starting of 2013. After the end of the sentence the politician will not be able to participate in elections, as his criminal record will not be repaid. In regard to probation the conviction is repaid after a trial period for the Bulk of five years. However, after these five years, he will gain a passive right, as the law on presidential elections permits to run having served sentences for serious crimes only ten years after the repayment of a criminal record. Thus, the opposition cannot take part in elections until 2033.
The “Case “Kirovec”
In the summer of 2013, the judge of Lenin district court of Kirov Sergei Blinov found Navalny and Ofitserov guilty of embezzlement in especially large size and sentenced them to five and four years imprisonment respectively and fine of 500 thousand rubles. Three months later, the real term was commuted to a suspended on appeal in the regional court.
A Russian court has established that in 2009 Navalny, who was then adviser to the Governor of the Kirov region, used his influence to compel the then Director of “Kirovles” Vyacheslav Opaleva conclude a disadvantageous contract for the supply of forest Vyatka forest company, which was headed by Officers. As a result of “Kirovles” sold their goods below market value, the damage amounted to 16 million rubles.
Opalev in December 2012, he was sentenced to four years imprisonment. He made a deal with the investigation and became the main prosecution witness.
Protection Navalny and Ofitserov in court insisted that coercion was not, and “Kirovles” to conclude the contract for the supply of the forest at any price. Version of convicts, resale products “Kirovles” was no different from ordinary mediation.
In July 2013, the Leninsky court of Kirov found Navalny and former head of the Vyatka forest company Pyotr Ofitserov guilty of embezzlement of property of “Kirovles”. Navalny was sentenced to five years jail time the Officers were sentenced to four years. However, in October the same year the Kirov regional court replaced the real punishment to the conditional.
In 2015, the “Kirovles” sued Navalny and Ofitserov 16 million rubles as compensation of material damage. This decision was appealed in the Moscow city court.