However, the police may appeal the decision of the court

Press Release, 29.09.2023

Photo: Anatoly Nogovitsyn / Photo from social media

On 27 September, the judge of the Yakutsk City Court decided to terminate the proceedings in the case of an administrative offense on “discrediting the army” under Article 20.3.3 Part 1 of the Administrative Code against the Chairman of the Yabloko branch in Yakutia, Anatoly Nogovitsyn, since the case materials were prepared with errors. Nogovitsyn has already been fined twice for “discrediting” under the administrative and the criminal article for a total of 230,000 roubles. He also fears that the police will appeal the court’s decision and asks for help in reimbursing the lawyer’s fees.

It should be noted on 26 September, Nogovitsyn received a summons to the police department. On the same day, the police drew an administrative protocol on “discrediting the army” against Nogovitsyn for a video two months ago, in which he predicted the onset of a second wave of mobilisation and called citizens to sign for the nomination of candidates from Yabloko in the elections to the Yakutia parliament Il Tumen and the City Council. Police proposed to fine Nogovitsin 50,000 roubes for the fact that, according to motion from one of the police officers, Nogovitsyn “continued his illegal activities to destabilise the situation in the territory of the Republic of Sakha (Yakutia), … making attempts to involve citizens in protest activities”.

Anatoly Nogovitsyn said at the trial that he had not discredited the army, but listed new changes in legislation in connection with mobilisation and how these laws could be applied.

Nogovitsyn’s defence lawyer listed a number of gross procedural violations, which the Judge agreed with. In particular, the materials did not contain a resolution to initiate a case, therefore, the case could not be considered initiated. In addition, the protocol did not indicate the place and time of the offense, it was not established who had posted the video, and the examination of the video was not properly documented. The case was dismissed on the basis of Article 24.5, Part 1, Clause 9 of the Code of Administrative Offences.

Anatoly Nogovitsyn assumes that the police will appeal the court’s decision and is preparing to defend himself. The politician is asking Russian citizens for support for compensation (50,000 roubles) of the services of a lawyer, who also defended him in a criminal case about “discrediting the army.”

Yabloko asks its members and supporters, as well as everyone who is convinced that Anatoly Nogovitsyn and other Yabloko members are being unfairly persecuted for censorship, to help the Chairman of the Yakutsk regional branch with payment for a lawyer.