Judge Olga Egorova: Mokhnatkin’s Punishment is Proportional to the Crime and does not Qualify for a Reduction

posted 7 Jun 2011, 14:43 by Rights in Russia   [ updated 7 Jun 2011, 14:44 ]
Source: hro.org (info), 07/06/11
Chair of Moscow City Court Olga Egorova has refused to quash the decision of Moscow City Court upholding the sentence passed by the city’s Tver District Court on 9 June 2010 in relation to Sergei Mokhnatkin as lawful, well-grounded and just.
As the Public Verdict Foundation reports, according to Olga Egorova the punishment given to Sergei Mokhnatkin, who was found guilty of using force against a police officer and sentenced to two years and six months in a general regime penal colony, was in accordance with the law, taking into account the character and degree of danger to the public of the act that was committed. The evidence of police officers gives no room for doubt, and the punishment does not qualify for a reduction, the chair of Moscow City Court concluded.
Sergei Mokhnatkin was detained by police officers on Triumphal Square on 31 December 2009 during a rally in support of Article 31 of the Constitution. In Sergei Mokhnatkin’s words, he was not a participant in the rally, but, he was as walking by, took the part of an elderly demonstrator whom police were arresting in a rough manner. Witnesses say that in the police bus in which Sergei Mokhnatkin was placed, he was beaten by police officers. In the opinion of doctors of the trauma department of Moscow Polyclinic No. 137, Sergei Mokhnatkin had numerous soft-tissue injuries to the head.
In his appeal to the Public Verdict Foundation, Sergei Mokhnatkin asked for legal assistance to defend his violated rights. As examples of violations, Sergei Mokhnatkin referred to the refusal by prosecutors, both at district and city levels, to consider his complaint that law enforcement officers unlawfully used physical force against him on 31 December 2009 and should be prosecuted.
According to Sergei Mokhnatkin, the investigation into the case against him was poorly conducted and lacked objectivity, with a clear bias in favour of the prosecutors. This is shown, he believes, among other things by the fact that while there was a great number of independent witnesses of what had occurred, none of them were not questioned. Moreover, the case materials only contain evidence given by police officers who are interested parties.
For more information about the case of Sergei Mokhnatkin, please visit the website of the Public Verdict Foundation: http://www.publicverdict.ru/topics/cases/8491/1159.html.
Rights in Russia,
7 Jun 2011, 14:43