The constitutional court on Tuesday began consideration of the complaint of the convicted activist Ildar Dading. It requires to declare unconstitutional article 212.1 of the Criminal code establish responsibility for repeated visits unauthorized rallies and marches.
This article (the repeated violation of public order) was introduced in the UK in July 2014. She helped to attract activists to trial for a second visit on unauthorized actions within six months. Dading became the first convicted on that charge.
As follows from the complaint, the Dading, less than six months — from August 2014 to January 2015 he took part in three unsanctioned rallies and procession. During the last campaign he, along with supporters (several hundred people) for a few minutes blocked the traffic movement on Myasnitskaya street in Moscow.
In December 2015, the Basmanny court of Moscow found him guilty and sentenced him to 3 years imprisonment in the colony. Later the Moscow city court reduced the sentence by six months. But the activist was detained in the court room and sent to the colony. Soon the Supreme court will check the legality of this sentence.
Evidence of violations
At the session of the constitutional court of the interests of the Dading was represented by three of his lawyer, Sergei Golubok, Elena lipcer and Xenia Kostromina.
They insisted that, though the actions of the Dading and did not cause any real harm, the activist was sentenced to an actual term in prison. And the basis of the judgment of the court of first instance put the evidence gathered by police in the absence of the defenders, the materials of the administrative cases. All of this violated the right of the Dading to a fair trial and the right to protection, pointed out to the lawyers.
Speaking in court Dove pointed out that these administrative reports on the importance can be equated to the interrogation, but unlike the latter they were made up and signed in the absence of lawyers.
In total, according to representatives of the Dading, article 212.1 of the criminal code contrary to a number of article of the Constitution. In particular, article 29 of the Constitution establishes the right to freedom of thought and speech, and article 31, which enshrines the right to freedom of peaceful Assembly, article 50, which introduces a ban twice tried for the same violation and article 55 prohibiting to reduce the list of constitutional rights.
“This article kriminalisiert those acts, the nature and degree of public danger which is not commensurate punishment”, — summed up the Dove. Lawyers asked to recognise the provision contradicting the basic law.
Also lawyers Dading filed a complaint to the Strasbourg court. In it, they are asked to establish a violation of article 11 of the European Convention for the protection of human rights and fundamental freedoms, which guarantees freedom of Assembly and Association.
The representatives of the two chambers of Parliament, President and government unanimously requested to dismiss the complaint, the Dading and insisted that the norm was constitutional.
“This article I do not like, but it does not mean that it contradicts the Constitution” — was made by the representative of the government Mikhail Barshchevsky. He noted that the design of the article really weird, first person is punished in administrative procedure, then the criminal, but if he again commits a violation again administrative. As for criminal responsibility for violations at rallies, people should be repeatedly brought to administrative for six months. “Public danger in this case is increasing and the responsibility softened,” — said Barshchevsky.
To finalize this provision was proposed by Senator Andrey Klishas, the official representative of the Federation Council in the constitutional court. But in his opinion, the article should be corrected in the direction of tightening.
Klishas noted that the period of 180 days, which is taken into account when determining repeated violations may be increased to a year. So much provides the Code of administrative violations for the repayment period of limitation.
However, he insisted that severe punishment the Dading cannot be regarded as established practice, as the sanction of the article suggests a long list of punishments — from fines and corrective works before imprisonment.
Six months before his release
Freedom Dading should be out in late July of 2017, as the court sentence the activist spent almost a year under house arrest, whose term also is included in the punishment. But in November of 2016 around Dading scandal: through his lawyers, he gave reports of torture. The young man insisted that in a corrective colony № 7 (Republic of Karelia), he was beaten and tortured. Later, in the presence of defenders, he has denied these allegations. And then again sent a letter through a lawyer, where he confirmed the first version. In January, he was transferred to another colony № 5 in the Altai region.