Criminal proceedings on a libel case (Ed. In Russia
persecutions on a libel case may be launched both in the civil
and the criminal proceedings) were launched against YABLOKO’s
deputy of the Tula City Duma Vladimir Timakov for his alleged
libel against Governor of the Tula Region Vyachslav Dudka.
Timakov faces up to three years of imprisonment in accordance
with Article 129 of the Criminal Code.
Vladimir Timakov was the only politicians among
his colleagues in the region who dared to criticize the Governor.
According to Timakov, mechanisms of civil and political control
over the executive branch have been completely dismantled
in the region for the past five years, which facilitates corruption.
Timakov holds the Governor responsible for record high corruption
in the region.
Court has already found Timakov guilty of libel
for two publications on this topic. He was fined RUR 1,5 million
(USD 500,000) as moral damages to the Governor. A distress
was levied on all the property located in the apartment, where
Timakov’s large family lives. The inventory included a refrigerator,
a washing machine, books, icons and children's furniture.
Timakov states that such courts decisions represent manifestations
of arbitrary rule and violates the Convention for the Protection
of Human Rights and Fundamental Freedoms. Timakov appealed
against these decisions in the European Court in Strasbourg
as the last resort.
Meanwhile, criminal persecution began on the
basis of the adopted decision. The Investigation Committee
of the Public Prosecutor's Office in the Tula region three
times refused to initiate criminal proceedings for the lack
of evidence. An audio recording of the disputed interview
was submitted to the Investigation Committee. The experts
concluded that the audiotape did not contain any signs of
defamation for the Governor, thus confirming that Timakov’s
statements had not go beyond permissible criticism. However,
after the ruling of the court Timakov was accused of a crime.
Now the investigation should not find the evidence of his
guilt, as it is considered proved by the court.
The investigation has already showed obvious
fraud of evidence. Thus, Timakov was accused of statements
he had never said and that had not appear on the record. Contradicting
to the materials of the civil procedure the investigation
insisted that Timakov admitted that he had said such statements.
The investigator refused to include into the file the materials
of the civil process that demonstrate the opposite. A very
“liberal” expertise was recognized as “impermissible” evidence.
The investigation ordered a new expertise in a Moscow institute
which provided the so much needed expert conclusion. A year
after the interview the investigation suddenly found some
witnesses who allegedly “remembered” TImakov’s words that
were not on the record.
If the court finds Vladimir Timakov guilty of
a criminal offense, the leader of the regional opposition,
regardless of the chosen punishment, will be deprived of his
mandate and will be thrown out of political life.
The Tula branch of YABLOKO issued a statement
calling the trial "a political show" and “whipping
of a dissenting politician”. YABLOKO also stated that the
persecution aims at “making Timakov cease his activities and
give up his believes.”
This case has become another one in a chain
of criminal cases raised against YABLOKO’s MPs for their criticism
of regional authorities. Thus, in February 2010, Vassily Popov,
leader of the Karelian branch of YABLOKO and Speaker of the
Petrozavodsk City Duma was convicted to seven years of imprisonment
with a suspended sentence for libel against President of Karelia
Sergei Katanandov and blackmailing of his Katanandov’s closest
ally Andrei Mazurovsky. In the fall of 2007, on Popov’s initiative,
deputies of the city council adopted by a majority of votes
and sent to then President of Russia Vladimir Putin an appeal
asking to dismiss the head of Karelia. According to the deputies,
Katanandov and his ally member of parliament of Karelia Andrei
Mazurovsky were involved in corruption deals.
See also:
Freedom
of Speech
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