As it became known to Kommersant, the European Court of Human Rights accepted the complaint of the former colonel of the Ministry of Internal Affairs and Political Affairs of the Ministry of Internal Affairs Dmitry Zakharchenko about the actions of the Russian authorities. The latter, according to Zakharchenko, who is currently serving a term for corruption-related crimes, have deprived him of the right to a fair, and most importantly, urgent trial. The convict expects that, recognizing the violations, the ECtHR will award him compensation.
Lawyer Yuri Novikov told Kommersant that the ECHR partially communicated the complaint of Dmitry Zakharchenko. The ex-colonel of the Ministry of Internal Affairs demanded that he be violated under Article. 5 of the European Convention on Human Rights, guaranteeing the right to liberty and security of person, and Art. 6, which refers to the right to a fair trial. Mr. Zakharchenko and his defense believe that, having been arrested by the Presnensky District Court of Moscow in September 2016 on charges of taking a bribe and obstructing justice (Article 290 and Article 294 of the Criminal Code), he took too long to enter into force of the conviction This year, was in custody in a pre-trial detention center. At the same time, the Moscow City Court, the Colonel’s defense notes, considered complaints about the extension of preventive measures, as a rule, one and a half to two months after they were submitted.
But if the term of Dmitry Zakharchenko’s detention did not cause concern for the ECHR, then the complaint about the terms for considering appeals gave rise to it, considering that it is obvious that the principle of “urgency” could be violated with respect to the accused.
“Everyone who is deprived of his liberty as a result of arrest or detention has the right to an immediate review by the court of the lawfulness of this,” the convention says. Dmitry Zakharchenko believes that the ECHR will satisfy his statement by awarding him compensation. The former colonel did not indicate its amount in the lawsuit, noting that he was counting on a fair payment.
It should be noted that Dmitry Zakharchenko repeatedly appealed to the ECHR. Earlier, the former colonel and his relatives, from whom the Prosecutor General’s Office seized assets valued at almost 9 billion rubles, tried to prove to Europe the illegality of the decisions taken by Moscow courts. The ECHR dismissed the lawsuit, without even justifying its decision.
Now Dmitry Zakharchenko is in quarantine in penal colony No. 5 of Mordovia, where he will serve a term of 13.5 years of strict regime, appointed by the Presnensky District Court of Moscow. Lawyer Yuri Novikov from the Intellect Alliance collegium told Kommersant that the defense will appeal the verdict to the cassation instance and, in addition, is preparing new applications to the ECHR.
How Dmitry Zakharchenko was reduced to punishment
The Moscow City Court of Appeals reduced the sentence to former Colonel of the Ministry of Internal Affairs and Economic Development and Trade Dmitry Zakharchenko, sentenced to 13 years in prison for receiving a bribe and obstructing justice, by six months. 11 hours of Mr. Zakharchenko’s speeches convinced the city courts only that he received the illegal remuneration himself, and not as part of a group of persons.