On December 8, 2009, the Perovo District Court of Moscow declined
YABLOKO’s suit on annulment of the results of the voting at
two polling stations in the Veshnyaki area where 1.002 votes
had been simply added to the progovernmental United Russia
party. At the previous hearings the key witness of YABLOKO
– a member of the electoral commission with a casting vote
– made a statement that her signature in the official protocol
had been faked. Signatures of several other members of the
district electoral commission had been either missing or faked.
The Judge Vera Gorbunova refused to listen to the candidate
to the deputies to the Moscow Duma from the CPRF party Alexander
Gorbunov who had been running in the district and as a candidate
had obtained the signed copies of the protocols.
The Moscow City Electoral Commission submitted to the court
documents that had to decide the outcome of the trial as demonstrated
obvious violations made by the local commission. Thus, the
original copy of one of the official protocols (the law requires
that the protocols are made in two copies) from the polling
station No 888 lacked a signature of Mr.Kolesnikov, a commission
member with a casting vote. Another copy contained the signature,
but it did not match Kolesnikov’s signature in the observers’
protocol.
However, Article 72 of the Election Code of Moscow requires
that protocols must be signed by all the commission members
with casting votes, otherwise the protocols to be considered
null and void, and recounting of the votes should take place.
Also the signatures of Mr.Streltzov, a commission member,
were strikingly different at the copies of the protocols from
the polling station No 887; moreover the observers’ protocol
demonstrated even a facsimile signature. However, the judge
turned down YABLOKO’s claim to determine an authentic signature
of Mr.Streltzov.
Another commission member from the polling station No 888
Raisa Samoilova stated that her signature had been faked at
the protocol of the Moscow City Electoral Commission. She
also recollected the number of votes cast for the United Russia
and the CPRF party as she represented the latter. The evidence
matched the data indicated in the observers’ protocols clashing
with the official data, and YABLOKO insisted on the expertise.
However, the defendants were against such expertise and the
judge took their side.
Another evidence from Elena Berdzenishvili, secretary of
commission No 887, said that she could not recollect any “training”
or interim protocols the defendants were insisting on trying
to justify the “errors” by mixing up the files. She also could
not explain why she had signed two protocols with absolutely
different data.
YABLOKO asked the court to satisfy its claim as the Moscow
and the local commissions failed to determine the will of
the electorate. However, the judge turned down YABLOKO’s claim.
YABLOKO is going to appeal this decision in a superior court.
This has become already the second decision when Moscow local
courts were turning down YABLOKO’s suits. On December 3, 2009,
the Golovinsky District Court refused to satisfy YABLOKO’s
claims in connection with two districts in the Levoberezhny
area where United Russia was simply added votes taken from
other parties. The next trial will take place in the Kuntsevsky
District Court.
YABLOKO has filed claims on 14 polling stations in 10 Moscow
districts (see
the schedule of trials).
See also:
Moscow City
Duma Elections, 2009
Chairs
of local electoral commissions speak in favour of cancellation
of the results of the elections in the Veshnyaki area, Moscow.
Press Release, December 2, 2009
A
trial on the fraud at the electoral districts where over 1,000
votes were stuffed for the United Russia party began. Press
Release, November 26, 2009
On
non-recognition of the results of the elections of October
11, 2009, and the need to investigate cases of franchise violations.
Statement of the Bureau of the Russian United Democratic Party
YABLOKO.
October 19, 2009
Election
fraud at the Moscow City Duma elections. From the Live Journal
of Igor Yakovlev, Press Secretary of the YABLOKO party
Violations at the
Moscow City Duma elections. Press Release. October 12, 2009
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