WHY DMITRIEV? (2)

See Why Dmitriev? (1)

On 27 December 2021, the Petrozavodsk City Court in Karelia will deliver its third verdict in the case of Yury DMITRIEV. The highest court in the land remains silent; lawyers from Memorial’s Human Rights Centre have submitted an appeal to the European Court of Human Rights in Strasbourg.

“Child Pornography”

The court in Karelia will be serving an “unprecedented” third judgement on issues thoroughly aired at Dmitriev’s two previous trials where he was twice acquitted of the self-same charges.

Yury Dmitriev and Victor Anufriev, March 2018

The republic’s High Court decided otherwise, quadrupling the sentence for sexual abuse of a minor, and returning the charges of child pornography and non-violent abuse to be considered a third time.

Dmitriev’s defence attorney Victor Anufriev has demonstrated, twice, that his client has no charge to answer. Meeting the accusations head on with testimony from a succession of experts, Anufriev has shown within the framework of current legislation and the procedures of the Russian judicial system that Yury DMITRIEV is innocent. If he is now convicted the decision will be based not on the rule of law or established procedure but on other extra-judicial criteria.

Much of the discussion in the first two cases, as journalist Nikita Girin showed, concerns the kind of photos and parental behaviour to be found in any family. So what has driven this relentless persecution? Earlier events and the timing of the last few days, as the Memorial Human Rights Centre and the Memorial Society themselves face liquidation by the courts, offer a further suggestion.

Pursuing a Loner

Dmitriev and the evidence against him “fit the bill” like none other.

Potential supporters in Russia, not to mention the West, would have second thoughts about anyone accused of “child pornography” or the “sexual abuse” of a minor – offences regarded in the West with a strong and barely rational horror.

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Trial to end on 14 or 15 December

When hearings resume on 13 December the defence (represented by Victor Anufriev and Roman Masalyov) will make its closing statement. Yury Dmitriev will then address the court and also pronounce his Last Words at this trial. Word from Moscow is that the trial may finish as early as Tuesday 14 December.

Dmitriev as a free man (March 2018)

Veteran photo-reporter Victoria Ivleva who took this picture is herself currently detained.

Attorney was a no-show

Yesterday evening Sasha Kononova reported on the Dmitriev Supporters Facebook Page (7,800 followers) that the court-appointed attorney did not turn up yesterday to take on the defence of Yury DMITRIEV at the Petrozavodsk City Court.

The city Bar Assocation, apparently, ruled his participation improper. Today it is expected that Victor Anufriev, Dmitriev’s attorney since 2016, will be well enough to appear in court on his client’s behalf, after making the long journey from Moscow.

Petrozavodsk City Court

Trial resumes. Anufriev cannot attend

Several hearings in Yury DMITRIEV’s third trial at the Petrozavodsk City Court are due to take place this week and next: today, tomorrow and Friday, and on Monday, 6 December.

What happens today (writes Natalia Dyomina on Facebook) promises to be unpredictable. DMITRIEV’s principal defence attorney of the past five years Victor Anufriev has been ill [last year he missed important hearings while self-isolating due to Covid-19] and Dmitriev signed an agreement with a second attorney from Petrozavodsk. At the last court hearing, however, the substitute lawyer could not be present: he was due to appear at another trial, agreed much earlier, some way from the Karelian capital.

Victor Anufriev, February 2021

Soon Judge Khomyakova was up to her old tricks. Dissatisfied with these “delays” she herself appointed an attorney, giving him or her (the identity of the new lawyer is unknown) only a few days to get acquainted with no less than 25 substantial case files from the two earlier trials.

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“Unprecedented”

At present there is a lull in the judicial proceedings. His lawyer Victor Anufriev says that the case files for both of Dmitriev’s trials remain in Moscow with the Supreme Court.

On 19 October Anufriev challenged the decision of the Court not to examine the appeal he submitted on his client’s behalf in June this year. His challenge was sent to Vyacheslav Lebedev, chairman of the Supreme Court, and as a result the hearings in Petrozavodsk will not resume at least until 19 November.

“This would be the third time the Petrozavodsk City Court has issued a verdict,” commented Anufriev. “He has already been acquitted twice on these charges [making pornographic photos]. These days, especially, to acquit someone twice, to release him and then return the case for re-examination is unprecedented.”

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