11 JAN 2024
The Court of Cassation declined to review the appeal in the Orlov case. It reached its decision within three days
11 JAN 2024
Oleg Orlov (photo: Anna Bereznyatskaya)
The Second Cassation Court of General Jurisdiction declined to review the defense application to the court in Oleg Orlov's case. The lawyer appealed the decision of the Moscow City Court, which had overturned the fine and sent the case back to the prosecutor. However, the cassation court determined that the Moscow City Court had not committed any "significant violations”.
Let us remember that on October 11, the co-chairman of the Memorial Center, Oleg Orlov, was fined for 150 thousand rubles for "repeatedly discrediting" the army (Part 1 of Article 280.3 of the Criminal Code). Both the prosecution and the defense appealed the verdict. Initially, the prosecution requested the appellate court to sentence the human rights defender to three years in a general regime colony. They argued that there were aggravating circumstances, namely the "motive of the political and ideological hatred of the Russian Federation."
However, on December 14, the department changed its stance at the Moscow City Court and requested that the case be returned to the prosecutor, as the investigator had not established the motive for the "crime". The court granted this request.
On the evening of December 25, Orlov's lawyer filed a cassation appeal against the decision of the Moscow City Court. The defense statement argues that the investigator only provided information about the external aspect of the alleged crime, which was discovered during the investigation of the case. The initial trial established that Orlov had been interrogated and his motives were determined. The lawyer contends that returning the prosecutor's case violates Orlov's right to timely access to justice.
Just three days later, on December 28, Judge Dmitry Orlov of the Second Cassation Court of General Jurisdiction decided to send the complaint for further consideration.
Dmitry Orlov
judge of the Second Cassation Court of General Jurisdiction
«The appellate court did not commit significant violations of the norms of criminal procedure law, entailing the cancellation or change of a court decision in cassation».
Natalia Sekretareva
head of the legal department of the Memorial Center
«The Court of Cassation considered that the Moscow City Court rightfully returned the case to the prosecutor. The court agreed that the indictment did not provide sufficient information about the motive behind Oleg Orlov’s actions of „discrediting“ the Russian Armed Forces. The court took only three days to reach this decision: the defense appealed the ruling on December 25, and on December 28, the court refused to transfer the complaint for consideration at the trial».
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