The Moscow City Court has published the ruling of the court of appeal on the decision in the case of “Yves Rocher” by Alexei Navalny. The court did not count the time spent on treatment as evasion of supervision, but considers that the oppositionist did not systematically appear at the registration on the set days. In addition, the Moscow City Court believes that the ECHR has no right to issue instructions to Russian courts.
The Moscow City Court previously upheld the decision of the Simonovsky District Court to replace the suspended sentence for Alexei Navalny with a real one. The politician must spend 2.5 years in the colony. During the meeting of the Moscow City Court, the defense asked to attach the decision of the ECHR, which on February 17, as an interim measure, decided to immediately release the oppositionist.
“The conditionally convicted Navalny during the probationary period systematically did not fulfill the obligation prescribed to him to appear for registration on the days established by the court and the inspection, more than two times within one year, which, undoubtedly, is an independent basis for the court’s decision to cancel the conditional conviction and execution of the sentence imposed by the court verdict, ”the court ruling reads. The court also noted that the oppositionist did not provide information about his whereabouts after being discharged from the Berlin clinic.
The Moscow City Court believes that the decision of the ECHR cannot be taken into account. “The said court is not a higher court for the judicial system of the Russian Federation, it has no right to give the courts of the Russian Federation any categorical instructions and interfere with the activities of national courts related to the execution of sentences that have entered into legal force; this issue can only be resolved by a court of the Russian Federation in accordance with the requirements of national legislation, ”the definition says.
Alexey Navalny did not admit his guilt. He stated that the Federal Penitentiary Service changed the dates on which he was obliged to report to the Penitentiary Inspectorate, and, although he attended the inspection according to the old schedule, it did not count his attendance on those days.
More details about the decision of the Moscow City Court – in the material “b” “2.5 years and 850 thousand rubles.”