ASAHIKAWA (Japan), Apr 27, Xenia Naka. Lawyer of the third mate of the captain of the Russian ship «Amur» Pavel Dobryansky Noriaki Nakamura said that he intends to appeal against the decision of the court that found the Russian guilty following the emergency at sea, and will also try to meet with his client on Thursday.
The Asahikawa District Court on Thursday sentenced a sailor from the Amur, which collided with the Japanese fishing schooner Dai-hachi Hokko-maru two years ago, killing three out of five Japanese fishermen. Dobransky was sentenced to 3 years in prison with a five-year suspended sentence.
Lawyer Nakamura does not agree with the arguments of the court and intends to file an appeal if his client has no objections. He also said that he was not allowed to meet with Dobriansky after the trial.
“I wanted to meet with him immediately after the trial, and we were already near the visiting room, but at that moment they handed over the decision that he had been released from custody, so I was forbidden to use the courtroom for the meeting. We were within a hair's breadth from the meeting. Now I will seek a meeting at the immigration office. I would like to do this today,» Nakamura said.
As the judge explained his verdict, the delay appointed to the Russian means that «he will not serve this term in prison if he does not commit a repeated offense in Japan within five years: in this case, he will have to spend three years in prison in addition to the sentence on a new case.» Thus, Dobryansky will be released, the immigration service will begin the procedure for his deportation outside of Japan.
“Since Pavel Dobryansky does not have a visa and does not have permission to go ashore, that is, there is no reason to be in Japan. He has been released from custody, but not released. He has now been transferred to the immigration service and during today he will be sent to Sapporo (the administrative center of the Hokkaido Governorate — ed.). He will stay there for several days. I think that in the near future he will return to Russia. But the question of how exactly he will be deported is rather complicated in the current conditions «, said the lawyer.
At the same time, Nakamura stated that he intends to file an appeal — this can be done, despite Dobryansky's departure to Russia, if the sailor has no objections to the appeal.
On May 26, 2021, the Russian vessel «Amur» (with a displacement of 662 tons, 23 people on board, port of registry Nevelsk) sailed from Korsakov to Mombetsu in Hokkaido with a cargo of crab. 23 kilometers from the port of Mombetsu, a collision occurred with the Japanese fishing schooner «Dai-hachi Hokko-maru» (displacement 9.7 tons, five people on board), as a result of which the Japanese vessel capsized. Three out of five Japanese fishermen died. Dobryansky was detained under articles 129 and 211 of the Criminal Code of Japan — on creating a danger to maritime traffic (improper performance of official duties when driving a vehicle, resulting in danger) and improper performance of official duties, resulting in the death of people. At the end of June of the same year, he was transferred to the category of defendants, and his case was taken to court.
Employees of the Consulate General of Russia in Sapporo and Hakodate were present at all hearings on the case, were in close contact with the lawyer and the defendant's family, and tried to provide him with all possible assistance.