On the morning of March 28 the court announced the decision concerning a member of the NGO, an expert of the association "Golos" Denis Shadrin, charged with disorderly conduct. The court fixed a penalty of 1,000 rubles fine. On the same day, in the afternoon, proceedings of the case of the Kirov region NGO chairman Artur Abashev, considering failure to comply with the police requirements, started.
Artur Abashev during the public control in one of the chambers of the remand prison №2, FSES of Russia in the Kirov region
According to the administrative offense, "03/22/14 00:15, Kirov, Karl Marx str., 75, in a public place, in the "Chе Pay" club, Mr. Abashev showed evidence for drunkenness: constricted pupils, red facial skin, behaved aggressively, loudly spoke strong language, didn’t respond to the police legitimate requirements to stop unlawful acts. Mr. Abashev flatly refused to get into a company vehicle for identification and drawing up protocol, began swing arms and caught at the uniforms of the police, thereby insubordination to the police."
During the meeting, the presented at the crime scene chief of the department for the prevention of unlawful drug trading Stanislav Kudryavtsev, his deputy Pavel Lusnikov, press officer of the Ministry of Internal Affairs Artem Rukhlov and policeman Anisimov, who was drawing a protocol on administrative violation, were questioned.
Questioned in the court explained that Abashev didn’t use foul language, submitted the NGO member certificate and passport to the police, asked questions about where the detainees were taken. Police officials also said that they didn’t smell alcohol and identified drunkenness by his aggressive behavior, dilated pupils and red facial skin. On the question to Kudryavtsev why in his report he stated that Abashev had constricted pupils, and at the hearing, he said that they were dilated, a police officer answered that he was tired that day and made a slip of the pen.
Moreover, the police officers were at variance of the testimony about whose clothes Abashev caught at. Interrogated Rukhlov argued that Abashev caught at the sleeve of Kudryavtseva, and Kudryavtsev, in his turn, said that the members of the NGO caught at uniform of a SWAT officer.
The police dispatch center officer Anisimov, who drew a protocol on administrative offense, answering questions, said that behavior of Abashev was adequate, speech was coherent. Anisimov didn’t render a determination on the application for admission of the defense to Abashev, the rights and obligations were not explained to him, there were no attendance entry; he didn’t report about the detention of the NGO chairman to Public Chamber of the Russian Federation and Public Monitoring Committee of the Kirov region, despite the fact that he knew the obligation to do that.
During the debate a defender of Abashev, a well-known Kirov lawyer Anton Dolgih said in his speech that the actions of his client don’t constitute an administrative offense under Part 1 art.19.3 of the Russian Administrative Code:
"During the trial, according to the testimony of Kudryavtsev, who decided to initiate an administrative case, he placed requirements to Abashev "to leave the scene, stop behaving provocatively, stop trying to get into the place with the inspection of the scene". As for the requirement to stop behaving defiantly, even if Abashev behaved like this, such behavior in itself doesn’t violate any law, and the requirement that a person has ceased to behave provocatively can’t be legitimate.
Testimony of witnesses confirmed that Abashev was in the vestibule space, separated from the main scene. Vestibule at the time of the incident has already been examined by the police , and finding Abashev there couldn’t interfere with legal proceedings. If we talk about willing of Abashev to go to the main room of the bar, this wish of the citizen in itself and its a demonstration without physical attempts to pass even there where he can’t be, can’t be constitute the violation of the law. I believe that the police didn’t place legitimate requirements to Abashev," Dolgih said.
Announcement of the decision will be held on March 31 in 8 hours 10 minutes. Part 1 Art.19.3 of the Russian Administrative Code cover charge in the form of a fine of five hundred to one thousand rubles or administrative arrest for up to fifteen days.
Let us add that, as it has been known, the “Chе Pay” bar were returned blocks which recorded video from watching cameras on the same day. Hard drives have been formatted.
Ivan Izmailov, «7x7»