The Supreme court of Russia has published the decision about the release of activist Ildar Dading, who was convicted for repeated violations at rallies. The decision to release him was made earlier, on February 22.
In the reasoning of the decision reads that article 212.1 of the criminal code (“the Repeated violation of the established procedure of organizing or holding meetings, rallies, demonstrations, marches or picketing”) excludes the possibility of bringing to criminal liability if at the time of Commission of the act absent an enforceable judicial acts on the involvement of the citizen to administrative responsibility (at least three times in 180 days).
At that time, when against the Dading opened a criminal case in December 2014, the resolution on administrative liability for violations of the rules of holding mass events in August, September and December of the same year in force not yet, it was only in March 2015. “Thus, at the time of the Dading participation in a public event held on 5 December 2014, in connection with which he was prosecuted and subsequently convicted, absent an enforceable court decision on his… attraction to administrative responsibility”, — stated in the decision.
Therefore, the Supreme court held that the grounds to assert that the Dading violated the order of conducting meetings repeatedly, not, and, therefore, no crime.
Ildar Dading condemned under article 212.1 of the criminal code of Russian Federation providing criminal penalties for up to five years for those who are more than two times within half a year was brought to administrative responsibility for violations during mass events (article 20.2 of the administrative code).
Basmanny court of Moscow has sentenced the Dading to three years imprisonment in December 2015, but then in March of 2016, the sentence was mitigated by the Moscow city court to two and a half years. February 10, 2017 the constitutional court considered the appeal of the Dading on the article on which he was convicted, and ordered that the sentence be revised. The decision stated that the article may not be for participation albeit not in a coherent, but in peaceful protest. In this case the constitutional court ruled that the contested article does not contradict the Constitution, but recommended the legislators to modify it.
From the assigned punishment in the form of 2,5 years of imprisonment Dadina at the time of his release from prison on February 26 in late February, had to sit out for about five months. Dading remains the first and only Russian citizen to be convicted under this article.
