21:14, 16 August 2024

PO loses case on tightening punishment of human rights defender Nagavkin

Igor Nagavkin. Photo courtesy of Igor Nagavkin for the "Caucasian Knot"

The Fourth Cassation Court of Krasnodar has upheld the sentence of human rights defender Igor Nagavkin from the town Kalach-on-Don, and refused to assign him a real prison term as demanded by the Prosecutor's Office (PO). Nagavkin insisted on overturning the verdict; he intends to appeal against it at the Supreme and Constitutional Courts.

The "Caucasian Knot" has reported that on April 23, 2024, Nagavkin, whom the Volgograd Regional Court ordered to release from custody, left the SIZO (pre-trial prison). He stated that he would seek his full rehabilitation.

On April 18, 2023, the Bykovsky District Court found Nagavkin guilty of stealing jewellery and sentenced him to six years of freedom deprivation. The above Regional Court reduced the sentence to five years and 10 months. On April 23, 2024, the Court ruled to release Nagavkin due to the expiration of the statute of limitations. This decision is due to the fact that the judicial system wouldn't like to admit their blunders, Yulia Evdokimova, a human rights defender, believes.

Valery Shukhardin, an advocate, has treated the work of the Cassation Court as "formal".

Valentin Bogdan, the executive director of the Fund "In Defence of Prisoners' Rights"*, has noted the traditional nature of corporate law in modern Russia. If there were no "significant violations" in the decisions of lower courts, then the cassation courts leave such decisions in force. Only if the violations are flagrant, then such decisions are overturned by higher courts.

"In the Nagavkin case, the PO did a poor job. Instead of supervising the law, they ... failed to give a legal assessment of the obvious falsifications in the case and violations of Nagavkin's right to defence. Any acquittal for them is now like a red rag. They will defend their opinion, not noticing the obvious violations of the law in Igor's case," Mr Bogdan has stated.

Nagavkin used to help prisoners and their relatives; he drew attention to torture and deaths in jails, and countered drug dealing. In particular, he defended his brother, who ended up at the SIZO on suspicion of drug dealing.

*Included by the Russian Ministry of Justice (MoJ) into the register of foreign agents.

This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on August 15, 2024 at 07:39 pm MSK. To access the full text of the article, click here.

Source: СK correspondent