The Court of Cassation did not cancel the fine for Alexander Shishlov for “discrediting the army”. The court also imputed Shishlov the facts that had not taken place
Press Release, 30.05.2023
Photo: Alexander Shishlov / Photo by the Yabloko Press Service
The Third Court of Cassation decided not to cancel the fine for “discrediting the army” to Alexander Shishlov, head of the Yabloko faction in the Legislative Assembly of St. Petersburg and Chairman of the St.Petersburg branch of Yabloko. Moreover, Deputy Chairman of the Third Court of Cassation indicated in the decision the facts that were neither in the case file nor had taken place in reality, namely, Shishlov’s procession with a poster through the city.
It should be noted that the judge of the Petrogradsky District Court of St. Petersburg found Alexander Shishlov guilty of “discrediting the armed forces” (Article 20.3.3 of the Code of Administrative Offenses) for three publications on the VKontakte social media. The reason for the decision of the Petrogradsky District Court was the posts where Shishlov reported on his stance expressed in the Legislative Assembly – his disagreement with the initiative to introduce criminal punishment for insulting the St.George Ribbon and give it state status, about the inappropriateness of folding the ribbon into the Latin letter Z and about the negative attitude towards the announcement of a minute of silence in memory of the ex-LDPR leader Vladimir Zhirinovsky, since Zhirinovsky incited hatred and aggression in society. At the same time, the police report was drawn up on the basis of the “expert opinion” of Veronika Abakanova, associate professor of the Russian State Pedagogical University, which was subsequently rejected by the court due to its insolvency. The trial lasted almost two months and the leader of the St. Petersburg Yabloko was fined 35,000 roubles.
Alexander Shishlov challenged the fine in the St. Petersburg City Court on appeal, but the judge upheld the decision of the Petrogradsky Distrcit Court. Then Andrei Chertkov, the representative of Yabloko defending Shishlov, filed a complaint with the Third Court of Cassation.
However, the Deputy Chairman of the Third Court of Cassation, did not satisfy the complaint. At the same time, he indicated in his decision that Shishlov “marched through he streets of the city specified in the resolution with a poster, the content of which undermined the image and confidence in the use of the Armed Forces of the Russian Federation among citizens, discrediting the goals and objectives of the use of the Armed Forces of the Russian Federation in order to protect the interests Russian Federation”.
This fact was neither indicated in the case file nor took place in reality.
“This kind of “method” of drafting judicial acts, using “copy-paste”, certainly, discredits justice and belittles the reputation of the judicial system”, the lawyer Andrei Chertkov said.
According to Alexander Shishlov, the decision issued by the judge clearly indicates that either the judge did not read the case materials or did not read the decision he signed.
“Since it is obvious that this case is politically motivated, I did not have high hopes for its objective consideration, but I did not expect such indifference of the cassation court to the law, the facts, and finally, just to the reputation of the cassation instance. We will certainly appeal the decisions further, in the Supreme Court,” Shishlov said.
is head of the Yabloko faction in the Legislative Assembly of St. Petersburg, a member of the Federal Political Committee of the Yabloko party, and Chairman of the Yabloko branch in St.Petersburg
Posted: June 5th, 2023 under Freedom of Speech, Human Rights, Judiciary, Russia-Ukraine relations, YABLOKO's faction in St.Petersburg Legislative Assembly, Yabloko's Regional Branches.