On February 15, the Lefortovo Court of Moscow began considering a new criminal case against Alexei Navalny right in correctional colony No. 2 of the Vladimir Region, where the politician is already serving time in the Yves Rocher case. This is an unprecedented case when a trial is organized right in the colony, moreover, in another region. However, in the city of Pokrov, they were actually prepared for this in advance — repairs in the camp buildings began last year.
This time, the politician is accused of fraud, allegedly for embezzling FBK donations * and at the same time in contempt of court, shown at last year's libel trial against a veteran. Navalny faces up to 10 years in prison «on top» of the available term.
More than a hundred journalists were accredited to the trial. Employees of the Federal Penitentiary Service and the press service of the Moscow courts offered several options for covering the process: follow the proceedings from the administrative building with video broadcasting and poor sound, or go to the main hall with the participants in the process inside the zone itself — without telephones and any equipment. Novaya Gazeta chose the second option and tells how it happened.
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Cover. Photo: Svetlana Vidanova/Novaya Gazeta
Snow lions and square snowdrifts
Early in the morning, traffic police cars blocked the exit from Franz Stollwerk Street in Pokrov to IK-2, where preparations were underway for the trial of prisoner Alexei Navalny. To get to the entrance to the colony, you need to walk about 300 meters on foot — along the road, on which fences and a checkpoint were placed. The next step is document verification. From the mouthpieces of the colony every 10-15 minutes is heard: «Attention, alarm!»
The Federal Penitentiary Service asks not to shoot — the court is in a secure facility, such are the rules. The security forces gather reporters in groups of 10-15 people. Inside the zone, everyone goes only under escort. It is forbidden to walk 10 meters alone. We'll have to line up. If journalists want to smoke, you need to look for a company and march around the corner. So, marching, the reporters are brought to a light gray brick building. Inside there are halls for broadcasting.
The escort dog in IK-2 Pokrov is called Bublik, today he sniffs journalistic bags.
After the inspection from Bublik, we are greeted by a large poster: “Remember the old Russian rule:“ Honor is in service! ”
There are 11 empty seats in the hall where the trial is scheduled. An impromptu trial takes place directly in the area where the prisoners' barracks are located. Technology is forbidden for journalists there, but in the old fashioned way, you can report with a notebook and a pen.
On the way to the closed part of the colony, I ask the jailers why the “alarm” is yelling in the zone. They didn't really answer. “This is ours, internal.”
— And how long do you work today? — I ask the guard.
— All the time …
— Overtime because of the court?
— Well, yes …
— How do you like that so many people came?
— I wanted to live …
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Queue at the checkpoint. Photo: Svetlana Vidanova/Novaya Gazeta
Another checkpoint and another poster for the Federal Penitentiary Service: “Your appearance and behavior are an example for convicts.”
In the courtyard of the colony cleared paths and perfectly square snowdrifts. Next to the snowdrifts is a huge — 10 by 10 meters — figure of a lying lion, fashioned from the snow. The guards say that each detachment of prisoners creates its own snow figure. “There were also little lion cubs, but they melted away,” the FPS officials say.
For the trial, they chose an impressive building with a dining room, classrooms, a psychologist's office and a large hall, where, according to Navalny, prisoners are taken to watch movies. An echo echoes in the great hall. Under a dense beige fabric that covers one of the walls of the hall, there is a huge picture with chess pieces going beyond the horizon. “So psychedelic that they laughed in the detachment, as if the participants in the process had not gone crazy,” says Navalny.
Before the meeting, journalists are taken to the classrooms. The most ordinary classes, like in the most ordinary school.
Geographic maps, according to which the prisoners of IK-2 should study Russia — with borders until 2014, with the Ukrainian Crimea.
Already during the meeting, Navalny said that because of the trial in the colony, “training sessions for everyone were canceled,” and it seems that now this will happen regularly. Navalny himself is now studying at a vocational school, a seamstress by profession. p class=»SingleImage_caption__2bWvj»>
Photo: Svetlana Vidanova/Novaya Gazeta
From 10 to 25
The meeting starts with a delay of 45 minutes, only one listener is allowed in — the politician's wife, Yulia Navalnaya. The interests of the accused are represented by lawyers Vadim Kobzev and Olga Mikhailova. The third defender, Vladimir Voronin, was not allowed by the judge, considering that he had no reason to be present at the meeting. Mikhailova's lawyer suggested that this was due to Voronin's attempt to participate in the defense of the ex-head of Navalny's Ufa headquarters * Lilia Chanysheva in the case of extremism and with «extra-procedural communication between the court and the investigator.»
After a short break, several more journalists are led into the main hall. They tell Navalny that the speakers are very hard to hear in the broadcast hall. “Such a distance that you have to shout. If I speak louder, they will tell me that I not only insult the court, but also intimidate,” says Alexey.
The defense made several more motions, but the judge of the Lefortovo Court Margarita Kotova did not satisfy any of them. The lawyers asked to provide everyone with equal conditions for bringing equipment to the meeting — due to the fact that there are 30 volumes in the new criminal case, it is most convenient to have them at hand in a laptop. “And alcohol would be useful for us at such an early hour … to celebrate a new case,” adds Navalny.
They also noticed that the accused Navalny takes part in the meeting in the uniform of the convict, which obviously creates a negative image of him. “I don’t need a sequined tailcoat, jeans and a T-shirt would suit me just fine, thank you,” says the politician. SingleImage_image__3qIDn» alt=»» />
Aleksey and Yulia Navalny. Photo: Svetlana Vidanova/Novaya Gazeta
Lawyer Kobzev petitioned to return the case to the prosecutor's office: there are contradictions and violations in the prosecution that cannot be eliminated in court. For example, Navalny is accused of «stealing property from an unlimited number of persons by deceit or breach of trust», but in order to abuse trust, one must know one's «victims» personally, and the wording about an indefinite circle of persons does not imply this.
< p>Another important example of contradiction is the assertion that Navalny could not be elected president by law, when he convinced everyone that he would.
The video «It's time to choose Navalny», which the investigation cites as evidence, was released in December 2016. A month before, in November, Navalny's sentence in the Yves Rocher case was overturned by the Supreme Court, the case was sent for a new trial — accordingly, Navalny's conviction for the period of publication of the election video was also withdrawn and he had all the rights to participate in the elections.< /p>
Photo: Svetlana Vidanova/Novaya Gazeta
According to Kobzev, the vague wording in the accusation violates Alexei Navalny's right to defense, because it is impossible to defend oneself against such an accusation.
In total, four criminal cases were initiated against Navalny — about extremism, about an organization that infringes on the rights of citizens (“sectarian” article 239 of the Criminal Code), about fraud and about insulting a judge. They are considered separately, and this worsens the position of the politician, because it is impossible to “add up the terms” for them, says lawyer Kobzev: “If all cases are considered collectively, Navalny faces up to 15 years in prison. Separately — up to 25 years. If the victims, the judge, the prosecutor and the witness endure another six months, Navalny will have another ten years of life,” he stressed. there are mistakes». She stated that all the necessary information is present there, and the disagreement of the defense with the arguments of the prosecution is not a mistake of the prosecution.
“I am not afraid”
After a lunch break, the prosecutor began to read out the indictment. According to the prosecution, Navalny, along with Leonid Volkov and Roman Rubanov (ex-director of FBK, — Ed.) publicly raised money for anti-corruption activities and for the politician’s presidential campaign (mainly by calling for donations in their videos). At the same time, they knew that, according to the law, Navalny would not be able to participate in the elections, and the election campaign became only a pretext for embezzling funds. Navalny, Rubanov and Volkov were going to spend the stolen funds «for personal purposes, for the activities of the FBK, the FZPG * and headquarters.» So, Navalny allegedly illegally spent more than 356 million rubles out of more than 588 million rubles for personal purposes. In the case of contempt of court, the prosecutor read out with expression more than a hundred of Navalny's remarks made during the libel trial against veteran Ignat Artemenko last year. Including — containing interjections «damn», «e-mine» and the exclamation «Lord, my God.» So another hour of the meeting passed.
Navalny said that he did not understand the accusations, but after reading it he rejoices, because all the arguments of the prosecutor's office confirm the honesty and transparency of his work and the strength of public support. According to him, 300 thousand people donated to the organizations, but the investigation managed to find only four «fake people» who were supposed to specifically transfer money to the FBK account and go to write a statement to the UK.
“The worst thing I can do to do is to frighten you all. Both you and those who are behind you.
I tell you again that I am not afraid, I once again urge everyone else to the camera not to be afraid either, because there is nothing to be afraid of, ”concluded his politician's speech.