An appeal to the European Court of Human Rights

Lawyers from Memorial have submitted an appeal to the court in Strasbourg, asserting that the judicial proceedings in the DMITRIEV case have violated four articles of the European Convention on Human Rights and Fundamental Freedoms.

The prosecution of Yury Dmitriev, head of Memorial in Karelia, is unusual in several respects.

One, the investigation and hearings have already lasted four years. The case has stirred public interest not only in Russia but also abroad, making it one of the most discussed trials of recent years.

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Next stop, Moscow?

The Petersburg ruling

On Tuesday 16 February the Third Cassation Court in St Petersburg heard Yury DMITRIEV’s appeal against the ruling of the High Court of Karelia. The court did not uphold the appeal and left unchanged the harsh sentence of 13 years in a strict-regime penal colony. As Memorial reported, the consuls of Poland and Lithuania attended the hearing.

Victor Anufriev at the 16 February hearing (photo, Natalia Dyomina)

Afterwards Dmitriev’s lawyer Victor Anufriev told the 7×7 news website that once he had received the text of the Cassation Court’s ruling he would appeal against the decision at the Supreme Court of the Russian Federation in Moscow.

“You must always look for the positive moments and this time there were two,” Anufriev told our journalist. “One, we have reached and passed this stage in the proceedings. Two, the cases have again been combined into one. This is very good. It means I  can draw up one appeal to the Supreme Court. The rest remains as before.

“As I’ve said, such a decision cannot be allowed in a law-governed State. How can I regard such a ruling if I am convinced that Yury Alexeyevich did nothing of a criminal nature? Leaving aside the rifle, of which I spoke today. My client does not deny possession; put him on trial for that firearm. All the rest has been dreamed up, the entire accusation is pure invention.”

Andrei Makarov, 7×7 news website

Petersburg Court receives Appeal; third hearing in Petrozavodsk

A recent post on the website of the Petrozavodsk City Court reports that Yury DMITRIEV’s appeal of 21 December has been forwarded to the Third Cassation Court in St Petersburg. The appeal objects to the decisions handed down by the Supreme Court of Karelia on 29 September: Dmitriev’s term of imprisonment was increased almost fourfold from 3 ½ to 13 years in a strict regime penal colony; and the three other charges were returned to the city court to be re-examined a third time.

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Anufriev gives detail of Cassation Appeal

At the third attempt the Cassation Court in St Petersburg has allowed the appeal submitted by Yury DMITRIEV and his lawyer Victor Anufriev to go forward for examination. A report in the Kommersant newspaper (14 December 2020) quotes Anufriev as saying that DMITRIEV “had submitted one appeal against all the previous decisions reached by the courts” in Karelia.

“In the cassation appeal we have combined our objections to the High Court of Karelia which [on 29 September 2020] sentenced Yury Dmitriev to 13 years imprisonment,” said Dmitriev’s defence attorney. “We have also sent part of the case materials for a new examination: in that case we are appealing against the previous decision to sentence my client to 3 ½ years in a penal colony.” No date has yet been scheduled for the hearing at the court in St Petersburg, commented Anufriev.

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