Translated by Ollie Richardson & Angelina Siard
On January 10th the Court of Appeal of Nikolaev once again prolonged for 2 months the measure of restraint in the form of detention imposed on Evgeny Mefedov and Sergey Dolzhenkov, who were acquitted in the “case of May 2nd“.
On January 10th, during the first court hearing of 2019, the new judge (the previous one resigned) – a woman who earlier worked in the Donetsk court – prolonged the measure of detention imposed on Evgeny Mefedov and Sergey Dolzhenkov. In view of the absence of Mefedov’s lawyer Valentin Rybin (on this day he was in Kiev working on the proceedings associated with the “case of Berkut“), other questions were not considered.
The next – administrative – hearing was appointed for January 31st. At the same time, a reservation was made: if Rybin is not able to be present at this hearing, then it will be moved to a date that is convenient for the lawyer, since the issues demanding the presence of both lawyers will be resolved.
It should be noted that consideration of a criminal case in an administrative court session begins with the speech of the judge, who specifies where the shortcomings of the indictment and the election of a measure of restraint are, the circumstance that do not conform to the requirements of the law, and what they are based on. A lawyer has the right to take part and speak in an administrative hearing. Then the court hears the conclusion of the prosecutor and makes a ruling in the consultation room.
1. In an administrative hearing the court makes one of the following rulings:
a) appointing judicial proceedings concerning the case of the defendant;
b) returning the case for the implementation of an additional investigation;
c) terminating proceedings;
d) suspending proceedings;
e) referring the case to another jurisdiction;
f) unifying criminal cases.
2. Summoning witnesses and experts to the administrative hearing is not allowed.
“I cannot be silent anymore. The lawlessness that is going on around Mefedov and Dolzhenkov went beyond all limits. During all the summer there was only 1 court hearing, and even this one only took place because it was necessary to prolong the keeping of the guys under guard. Just imagine how they must feel in stuffy rooms, walking only once per day for 1 hour – and even this doesn’t always happen, there isn’t any progress in this far-fetched case, nobody listens to either them nor their lawyers. There are rumours that in October the judge will resign and he doesn’t want to consider this doubtful case. And the guys continue to sit in jail. They are being slowly killed. And nobody cares about them”wrote the despairing mother and inhabitant of Odessa Tamara Dolzhenkova in the summer of 2018 on her social network page
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