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27.02.2017 On February 22, 2017 the Supreme Court of Russia quashed the conviction of Ildar Dadin following the Judgment of the Constitutional Court No. 2-П of February 10, 2017

 

On February 22, 2017 the Presidium of the Supreme Court of the Russian Federation (hereinafter – “Supreme Court of Russia”), enforcing the Judgment of the Constitutional Court of Russia (hereinafter – “RCC”) of 10 February 2017 No. 2-П, heard a motion to reopen a criminal case against Russian activist Ildar Dadin. On 7 December 2015, Mr Dadin was convicted under Article 212.1 of the Russian Criminal Code of repeated violations of statutory rules on holding public assemblies, and sentenced to 2,5 years in prison.

 

The Presidium of the Supreme Court of Russia held that:

1.     The criminal case against Ildar Dadin was to be reopened in the light of new circumstances;

2.     Mr Dadin’s conviction by the Basmanny District Court of Moscow of 7 December 2015, upheld by the Moscow City Court on 31 March 2016, was to be quashed;

3.     The criminal case against Mr Dadin was to be dismissed;

4.     Ildar Dadin was to be released and granted a right to compensation.

Ildar Dadin participated in the hearing via a video link. At the beginning, he petitioned the Supreme Court of Russia to grant him a right to be physically present at the hearing, however, the Supreme Court declined to do so. Shortly after the presiding judge declared a recess to enable Mr Dading to confer with his lawyers on further steps to be taken in the procedings. When the hearing was resumed Ildar Dadin made a statement in which he refused to take any further part in the proceedings.

In the course of the hearing both Mr Dadin’s lawyers and the Deputy of the Prosecutor General of the Russian Federation Leonid Korjenek stated that the criminal case against Ildar Dadin had to be dismissed given the absence of any criminal conduct on his part as Mr Dadin was not repeatedly subject to administrative sanctions for the violation of the statutory rules on holding or participating in public assemblies (two of the three judgments imposing administrative sanctions on Mr Dadin had not yet come into force by the time the criminal proceedings were instituted).

Furthermore, Mr Dadin's lawyers – Ksenia Kostromina and Alexey Liptser, Attorneys at law – argued, invoking the RCC Judgment in Mr Dadin’s case, that no criminal proceedings could be instituted against a person for organising or participating in an unauthorised public assembly, where such assembly did not cause or, at least, create the risk of causing harm to property and persons of other citizens or organisations, environment, public order or other constitutionally protected values.

Dismissal of the criminal case against Mr Dadin became possible due to the RCC Judgment of 10 February 2017 No. 2-П in which the RCC reviewed the constitutionality of Article 212.1 of the Criminal Code of Russia.

The Institute for Law and Public Policy drafted Ildar Dadin’s application to the RCC. At the RCC hearing, Sergey A. Golubok, Ph.D., Attorney at law, represented Ildar Dadin as part of the Institute’s project “Enhancing Civic Engagement in Strategic Constitutional Litigation in Russia”.

Full text of the application (in Russian)

Video of the hearing at the Russian Constitutional Court on January 24, 2017.

Full text of the Judgment of 10 February 2017 No. 2-П (in Russian)

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