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Thursday, November 16, 2017

From Dading expect a new “deliberate violations of law”


After release and return to Moscow radical opposition activist Ildar Dading re-arrange protest actions to provoke its new arrest and stay in sight of the press. This version prevails in the expert community and in the state Duma. Previously, the Supreme court ordered to release the Dading and even pay him compensation for unlawful prosecution.

On Wednesday, the Presidium of the Supreme court, quashed in 2015 the conviction of opposition leader Ildar Dadina. The court decided to release the Dading and acknowledged his right to rehabilitation. In the beginning of the meeting, not only lawyers, but the Prosecutor Leonid Korzhinek asked to close the case and release the convict. According to TASS, his lawyer Ksenia Kostromina suggested that the defendant can release on Monday. Now Dading can go to court with a claim for monetary compensation for illegal prosecution.

“People cannot cope with their own emotions or did set the stage for later claiming asylum abroad”

The verdict of the armed forces said the press Secretary of the President Dmitry Peskov, saying that “we must respect any decision of the court, especially the Supreme.”

Wife Dading Anastasia Zotova in the air “Kommersant FM” confessed a strong desire to leave Russia. “I’m afraid that it might happen again and Ildar, and with me, so I’d really like to go. But of course, it is Ildar, because I make him can’t,” she said.

The opinion of the Dading for this reason is still unknown, but experts doubt that he wants to emigrate – not the character. Professor HSE Oleg Matveychev did not rule out that Dading immediately after his release to go out on new pickets. He recalled that the prison each person is affected differently. “Say, Dostoevsky, former great liberal and an anarchist who fought against the government, from prison returned wiser, Orthodox and became the world’s greatest writer”, – said the expert newspaper VIEW, adding that Khodorkovsky from the prison term “no lesson learned” and now “against Russia at war, betrayed the Motherland”.

Matveychev says that now Dadina, figuratively speaking, have to choose: will it be Dostoevsky or Khodorkovsky”. “We are with the Supreme court we will not argue. If he decided something, we need to trust our justice system,” – said Matveychev.

“Deliberately went to the violation of the” law

In conversation with the newspaper LOOK Deputy of the state Duma United Russia Alexander Sidyakin suggested that Dading will continue their promotions with the aim again to provoke his arrest and to achieve even greater fame. “He did it to pretend to be persecuted by the authorities of man. He deliberately went to the violation of Russian law before sentencing. This is his strategy,” – said the MP, who three years ago has submitted to Parliament a draft article 212.1 of the Criminal code, which was the country’s first convicted Dading.

According to the MP, if Dading wanted to achieve real improvements in the country, “would do it in other ways”, for example would deal with members of the Public Board and with the Commissioner for human rights. “Dading supported calls for a forcible change of the constitutional order. He initially understood that he had acted in violation of the law. And exotic forms of communicating alternative positions through the violation of the law suggests that the person is unable to cope with their own emotions or still created the grounds for later seeking refuge abroad,” said Sidyakin.

The MP stressed that in the European Union for receiving the status and benefits is required to provide evidence of infringement of the rights in the homeland. “In fact, now the identity of this person special riveted the attention of the media. Don’t know why. Apparently, because of the precedents it creates. Dading is a citizen of the Russian Federation, and he has a right to stay here and to engage in any activity that is not restricted by law. But if he wants to leave then that is his right. But I don’t think any European country, be it France, Germany or the UK will be through my fingers to watch as he deliberately violates the law. There Dading waiting for more severe punishment. And look where all the liberal punks, which is now howling, protecting Dading” – said the Deputy.

With regard to the actions of the liberal democratic party, which previously announced a bill for the abolition of criminal penalties for repeated violation of the law on rallies, Sidyakin said: “the constitutional court declared the norm constitutional but noticed that it specifically Dading should be revised”. “This position is, and she can’t go anywhere. It is possible that, following this logic or spirit of the law, colleagues take the initiative. Well, will make, will be considered”, – summed up the MP.

Prisoner-pioneer

We will remind, Dading was charged with four counts of participation in uncoordinated protests on 6 and 23 August, 13 September and 5 December 2014. In particular, along with their supporters Dading blocked Myasnitskaya street in Central Moscow staged a picket near the state Duma in protest of the reform of the Russian Academy of Sciences, participated in the campaign of the LGBT community at the Russian state children’s library in protest against the law banning propaganda of homosexuality among minors.

In December 2015, the Basmanny district court of Moscow sentenced the Dading to three years of imprisonment with punishment serving in a corrective colony of General regime for repeated participation in unauthorized public recognized activities, including picketing. However, last year the Moscow city court reduced Dadina sentence to two and a half years.

Thus, Dading was the first in Russia who were sentenced under the new article 212.1 of the criminal code providing for responsibility for four of those convicted under article 20.2 of the administrative code (“violation of the procedure of the public event”) within six months.

Meanwhile, similar criminal cases filed against opposition activists Mark Halperin, Irina Kalmykova and 75-year-old Vladimir ionov. Materials in respect of the latter is transferred to the court for consideration on the merits.

The amendment to the Criminal code, which was condemned by Dading, adopted by the state Duma in 2014. It brought the United Russia Alexander Sidyakin, Andrei Krasov and the representative “Fair Russia” Igor Zotov. According to the amendments, we are talking only about those offences that are flagged in article 20.2 of the administrative code: the unauthorized rallies, blocking of highways, the excess of the stated number of protesters.

After the verdict Dading filed a complaint with the constitutional court. In the end, February 10, the court stated that article 212.1 of the criminal code is not contrary to the Constitution. However, in the opinion of the court, if it is formally illegal violation did not have serious consequences, it cannot be regarded as representing a criminal danger to the public and to provide for criminal liability.

In the opinion of the COP, the recurrence of offences evidence of failure of the existing administrative-legal means of counteraction to violations of the law (this position is held and the deputies when taking the 2014 amendment), but criminal liability for violating the order of organizing rallies and picketing should be adequate to the social danger of the act. That is, the imprisonment is meant only in cases where the accused committed the violation has caused damages or a real threat of substantial harm, and unauthorized public event lost its peaceful nature.

The verdict on the release Dading caught in IK-5 in Altai Krai, where it in January brought from penal colony No. 7 in Segezha (Karelia). In November Dading scandal, complaining of beatings in the IR-7. As a result of check violations of the rights of the convicted, the Prosecutor’s office of Karelia is not at first revealed. However, on Wednesday it has revised its earlier decision and began a new check. As explained the first Deputy Prosecutor of the Republic Eduard Gusakov, the decision was made in connection with the appearance in the press and on the Internet, “new names and data.”

Expert comments

Mikhail Kovalev, a political scientist

Do not rule out that the activist Ildar Dading on freedom will be short-lived. He gives the impression of a man with the mind of a repeat offender. How many times he was arrested, was punished for violations, but once again he continues to come into conflict. The story of the condemnation and abolition of the sentence brought the ex-guard Dadina prominence in the opposition. His “disappearance” when translated from colony to colony, the media tried to turn into a Thriller, and journalists almost buried him alive as a “victim of the regime”.
Now Dading found, and even released. The conflict was resolved, and the media can forget it. What to do next charged political activist prone to demonstrative behavior? While the name at the hearing, under any pretext to stage a new provocation to go on the direct conflict with the authorities, to run for a new term, but now under the scrutiny of the media. If before such behavior is called bullying, now it will be served as “advocacy” or “political struggle with the regime”.
Dading sees himself already ordinary participants of the protest movement, but a media figure. In his mind, he could come to the conclusion that all was not in vain and the path of confrontation was chosen correctly. Therefore, from the Dading possibility of recurrence of conflict behavior as a way of capitalizing on its behalf. But here Dading may fall into the “trap Udaltsov”. For leaders of non-system opposition and the liberal party, he is not equal, but a tool of struggle: use a while, then give up and forget // LOOK

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