A wheelchair user received a real term for robbery. Mamaev, a wheelchair user convicted of robbery, has his sentence changed The Russian Federation is obliged to attach a nurse to him. If this is not done, then the sentence of the court will be equal to the death penalty, to which

The story of 28-year-old wheelchair-bound Anton Mamaev, who was sentenced to 4.5 years in prison for robbery, provoked a lot of talk in society. The guy was sent to the Matrosskaya Tishina pre-trial detention center, and then he will have to be transferred to a colony. Now the authorities are trying to figure out why the disabled person was given such a sentence, because it is obvious that Anton will not survive in prison. At the moment, the Commissioner for Human Rights in Russia and members of the Human Rights Council under the President intervened in the matter. The convict was transferred to the city clinical hospital No. 20.

The other day, the media reported that a young man with muscular atrophy, weighing only 18 kilograms, together with his accomplice Vasily, allegedly "extorted a scooter" from two people. According to some reports, one of the victims was a former commando. The investigation materials say that Mamaev “threatened to shoot him in the leg, stuff him into the trunk of a car and take him out into the forest,” and also “promised to cripple, cut off his ears and gouge out his eyes.”

The suspect in the robbery argued in court completely different. According to him, he agreed to buy a motor scooter for 160 thousand rubles, and later he was going to resell it.

“On the day of the purchase, there was not even a hint of any conflict between us. On the contrary, everyone was joking, there is even a video of how the owners teach Vasily to ride a scooter, ”Mamaev told reporters.

According to Mamaev, the opponents wrote a statement to the authorities because of a long-standing hostility. The judge of the Timiryazevsky District Court of Moscow, Sergei Galkin, who handled the verdict, withdrew responsibility, noting that spinal muscular atrophy is not included in the list of diseases that interfere with serving a sentence. In addition, during the court hearing, it was clarified that Mamaev's guilt in organizing the robbery was proved by the testimony of victims and witnesses, video recording from surveillance cameras and other data.

Until July 14, Mamaev was transferred from Matrosskaya Tishina to a special unit of the 20th city hospital. The guy will be examined by qualified specialists. They will decide whether a disabled person of the 1st group will be able to serve his sentence in a colony. Thus, the Federal Penitentiary Service has relieved itself of responsibility for the life and health of the convict.

It is known that Anton Mamaev was diagnosed with SMA at nine months old. The young man has a higher education: he graduated from the Moscow Humanitarian Institute. Dashkova. Mamaev works as an economist and does charity work. Anton has a wife and a little daughter.

A flash mob in support of Mamaev has already started on social networks under the hashtag #svoboduantonumamaevu. In the posts, people are calling for a review of the verdict. “Can’t you see that he won’t survive in prison! Where is the humanity? Where's the justice?" - writes on the page of Darina Krasnova. Her post was also shared by the daughter of Valery Syutkin, Viola.

The story of 28-year-old Anton Mamaev, who was sentenced to 4.5 years in prison and sent to a pre-trial detention center, despite a serious genetic disease and inability to move independently, excited not only journalists and human rights activists, but also deputies and officials. And lawyers are arguing about whether the court should have shown leniency towards a disabled person. We have decomposed his story into points and tell the main thing: who is Anton Mamaev, what versions the court considered and what should happen now that the Prosecutor General's Office has paid attention to his case.

Anton Mamaev with his common-law wife and daughter

What happened

On June 30, 2017, the judge of the Timiryazevsky District Court of Moscow, Sergey Galkin, found Anton Mamaev guilty of committing a crime falling under article 162 of the Criminal Code (“robbery”) and sentenced him to 4.5 years in prison with a term in a colony. From the court, Mamaev was sent to the Matrosskaya Tishina pre-trial detention center to wait for transfer, as told by Moskovsky Komsomolets.

Together with him, Vasily Seroshtanov, a friend of Mamaev, was sentenced. He received 3 years in prison. According to the verdict, Seroshtanov and Mamaev took away a motor scooter from the victim Dmitry Malov, allegedly in payment of a debt. At the same time, as stated in the indictment and court verdict, Mamaev threatened Malov and another victim to “shoot through the knee” and take them to the forest in the trunk of a car.

Anton Mamaev is a disabled person of the first group, he weighs 18 kilograms and moves in a wheelchair with outside help.

Who is Anton Mamaev

Anton Mamaev is 28 years old. He was born into a family of a former military man who is now in business. At nine months old, Mamaev developed a severe hereditary disease: spinal muscular atrophy. Usually people with such a diagnosis in Russia do not live to be 20 years old. Thanks to the care of parents, therapy and proper care, Anton is still alive and socially active.

Mamaev is an economist by education, he graduated from the Moscow Humanitarian Institute. Dashkova. In 2011, he established an individual entrepreneur, was engaged in trade, then established Mayak LLC. As reported in the program report "News" about Mamaev, the company "serves one of the beaches of the capital."

This video allegedly testifies to the robbery. However, there is neither violence nor weapons on it: for some time several people smoke and talk. There is no sound on the recording.

What does Mamaev say

Anton Mamaev does not admit guilt and claims that he bought a motorcycle from Malov for 160 thousand rubles, and concluded an agreement with him. There were no threats, and he had no weapons at all.

Anton Mamaev with friends

At the same time, Mamaev admits that relations with Malov were “unpleasant”, because Malov “constantly borrowed” money from him, but did not return it.

What happened after the trial

Immediately from the court, Anton was taken to the Matrosskaya Tishina pre-trial detention center. Moskovsky Komsomolets and other publications write that immediately after being placed in the cell, Mamaev was transferred to the prison hospital, to the intensive care unit: he could not even lie on his own in the cell. According to the head of the hospital, “there has never been such a patient in the entire history of Matrosskaya Tishina.”

After publications in the press, human rights activists, deputies, journalists and the general public became interested in the situation. On July 10, a member of the Public Monitoring Commission under the Moscow government, Eva Merkacheva, visited the pre-trial detention center, she reported the situation to the head of the Human Rights Council under the President of the Russian Federation, Mikhail Fedotov, Meduza writes.

The case was also attended by a lawyer collaborating with the organization "Rus Sitting" Andrey Orlov, about which posted on facebook its leader is Olga Romanova. Tatyana Moskalkova, Commissioner for Human Rights under the President of the Russian Federation, drew attention to the situation.

Posted by Tatiana Moskalkova (@moskalkova.official) Jul 11, 2017 at 1:51 PDT

The senator got involved Anton Belyakov and State Duma deputy Sergey Shargunov. On July 11, the hashtag hit the Twitter trends partly due to the publication of a popular microblogger under the pseudonym @StalinGulag #AntonMamaev.

As a result, on July 11, Anton Mamaev was transferred from a prison hospital to a civilian one, TASS reported. In the meantime, the Prosecutor General's Office is checking the validity of the verdict handed down by the Timiryazevsky court.

On July 12, a statement was published on the website of the Federal Penitentiary Service. It says that the fate of Mamaev will be decided by the court - after the examination.

Since July 11, 2017, convict Anton Mamaev has been undergoing a medical examination at City Clinical Hospital No. 20. Based on the results of the examination, which will last until July 14, 2017, the convict will be issued a medical certificate. Based on this, the Federal Penitentiary Service will prepare and send documents to the court to consider the possibility of further detention of a disabled person of group 1 in a pre-trial detention center.

How the court and lawyers explain the situation

On July 10, the press service of the Timiryazevsky District Court published a detailed explanation of the situation on the website of the Moscow City Court. It retells the verdict, and then explains that Mamaev's disease is not included in the government list, which allows not to deprive the convict of liberty.

As indicated by the court in the verdict, when imposing a real prison sentence on Anton Mamaev, the court took into account that the disease reported by him was not included in the List of diseases approved by Order of the Ministry of Health of the Russian Federation and the Ministry of Justice dated August 09, 2001 No. 311/242.

The press service also explained that under Part 2 of Article 162, a fine or a suspended sentence cannot be imposed, and only the Federal Penitentiary Service can save Mamaev from the colony.

It should be especially noted that the sanction of Part 2 of Art. 162 of the Criminal Code of the Russian Federation is uncontested, and by virtue of the current legislation, issues of exemption from punishment in the form of deprivation of liberty due to illness are resolved by the bodies executing the sentence in the order of execution of the sentence on the basis of the Decree of the Government of the Russian Federation dated 06.02.2004 No. 54 “On Medical examination of convicts who are presented for release from punishment due to illness.

On the RAPSI website, lawyer Aleksey Melnikov says that the court acted in the only possible way and even “humanely”, since under Article 162 you can get a longer term.

He could not sentence this person to a fine or other punishment, as this is a serious article. Indeed, if there is a disease preventing the execution of punishment that arose during or after the investigation, a person can receive a reprieve of punishment or release, but this will be decided separately.

Stalin's lawyer Gurevich believes that the court had the right to impose a suspended sentence: the judge has the right to replace any term on the sentence with a suspended sentence, no additional circumstances are needed for this. But disability in itself does not prevent a person from being sent to a colony.

I do not know the diagnosis and the general condition of this person, I do not exclude that information is now being specially disseminated to mitigate responsibility, but the court itself saw everything and made its own decision. Disability itself is not an obstacle to serving a sentence, we have legless, armless people sitting here.

Lawyer Ludmila Aivar, in an interview with the National News Service, called the court's verdict "a mistake."

Themis herself, she, of course, is formal. She, with her eyes closed, does not see who is in front of her - a disabled person or a healthy person. It must consider the factual side of the crime. But still, the court acted inhumanely, because until the verdict came into legal force, he could have chosen a measure of restraint that was not related to placement in a pre-trial detention center.

What is known about the judge

Russia Today reports that Timiryazevsky District Court Judge Sergei Galkin had previously sentenced a defendant with a serious illness. In 2015, he sentenced Larisa Galkina to five years in a penal colony for selling drugs. The woman had a psychiatric diagnosis, according to the prosecution, she tried to sell a potent drug. Human rights activists claimed that the criminal case was initiated as a result of a provocation by the Federal Drug Control Service.

Also in 2015, Galkin condemned two men who stole a piece of cheese and a loaf of semi-smoked sausage in a store for a total of 524 rubles 34 kopecks. The court imputed articles 161 (Robbery) and 162 (Robbery) to both and sentenced them to 2.6 and 4.6 years in prison.

Anton Mamaev. Photo from the Moskovsky Komsomolets website

The judge of the Timiryazevsky Court of Moscow, Sergei Galkin, sentenced 28-year-old Anton Mamaev, who has completely atrophied all his muscles, to four and a half years in prison for robbery (Article 162 of the Criminal Code of the Russian Federation). The court found Mamaev guilty of assaulting a person for the purpose of stealing, allegedly he stole a motor scooter by force. Mamaev is called the "Russian Stephen Hawking", since childhood he has suffered from a similar disease.

Together with Mamaev, the court sent a man named Vasily to the colony, who looked after him. Vasily received three years in prison.

The verdict was handed down on June 30. Now Mamaev is in the intensive care unit at the Matrosskaya Tishina pre-trial detention center in Moscow. According to Moskovsky Komsomolets, the employees of the detention center do not know what to do with him, they have encountered such a prisoner for the first time.

A criminal case under Article 162 of the Criminal Code (robbery) against Anton was opened last fall. Briefly the essence of the matter. Friends offered Mamaev to buy a cheap scooter from them. Of course, the disabled person himself did not need it, but Anton decided to resell it in order to earn some money. The transaction was executed as expected, according to the contract. Mamaev gave about 160 thousand rubles, and the sellers handed over the vehicle accompanying Vasily. After that, the parties parted ways.

And soon the police showed up at Mamaev's house - acquaintances who sold the scooter wrote a statement about robbery. And now - attention - the version of the investigation. Anton and Vasily were accused of assault with the intent to steal, and even with the threat of violence!

“I still can’t understand how it all happened,” says Mamaev. “After all, that day there was not even a hint of any conflict between us. On the contrary, everyone was joking, there is even a video of how the owners teach Vasily to drive I later heard rumors that the statement was born out of a long-standing enmity of the victims towards me. After all, they often borrowed from me before the ill-fated transaction, and did not give it back.

I read the verdict of the court, and I can not believe my own eyes. It follows from it that the immovable Mamaev, and I quote: "He threatened to shoot him in the leg, stuff him into the trunk of a car and take him out into the forest." Can you imagine how he would do it?

And here is another quote about threats: "He promised to cripple, cut off his ears, gouge out his eyes and shoot." And this is Mamaev, who could not drive a wheelchair? But the court verdict concludes several times that Mamaev was able to suppress the will of the victims - let me remind you, two adult men, one of whom said in court that he served in special forces. By the way, neither the gun nor the knife with which the accomplices allegedly threatened the owners of the scooter was ever found.

Let's talk sensibly. If a person's arms and legs do not work, he may have a bright head. Suppose there was still a robbery, and Mamaev turned out to be a "think tank" - the disabled person invented everything and ran everything. Let it be. But it's crazy and cruel to put such a helpless person behind bars! Moreover, he has no previous convictions, he has a young daughter.

There are no orderlies or nurses in the staff of the pre-trial detention center who could be with him almost continuously (otherwise, there is no way - Anton absolutely cannot serve himself).

"I won't be able to survive here," says Mamaev calmly but doomedly, who was lifted out of bed by a young walking cellmate and seated so that he could see the human rights activists and talk to them.

“We don’t know what to do with him,” adds the head of the SIZO’s medical unit. “It’s really just an amazing case for us.”

Mamaev admits that he experiences hellish pain at night, because in the prison hospital they cannot do all the procedures that are provided for by an individual rehabilitation program. Once a cellmate was taken to court, and Mamaev spent more than a day in a sitting position.

"Did the prosecutor and the judge see you?" - Human rights activists and prison doctors asked Mamaev several times.

"Of course, they brought me to court. Maybe they thought that even after the verdict, no one would dare to keep me behind bars?"

The head of the press bureau of the Federal Penitentiary Service of Russia, Kristina Belousova, told the Govorit Moskva radio station that the leadership of the department would soon take measures regarding the conditions of detention of a disabled person.

"The situation is under the control of the leadership and the necessary measures will be taken so that everything is fine with him. We will do everything and officially declare. Naturally, he is under control. We do not leave such people unnoticed."

When asked how it turned out that a person who was unable to move independently turned out to be a prisoner in a pre-trial detention center, the Federal Penitentiary Service suggested contacting the judge who passed the sentence.

The chairman of the Public Council under the Federal Penitentiary Service in Moscow, Elena Zelenova, at the request of the radio station, also promised to conduct an audit on this issue.

"Moscow Speaks"

The Criminal Code does not allow for the imposition of a non-custodial punishment for robbery in a group of persons - it is up to the Federal Penitentiary Service to decide whether the punishment can be executed, Maria Prokhorycheva, spokeswoman for the Timiryazevsky Court of Moscow, explained to RIA Novosti<...>

According to her, the sanction of Part 2 of Article 162 of the Criminal Code has no alternative, and the question of whether to release a sick person from a colony is not decided by the court, but by the Federal Penitentiary Service<...>

Mikhail Fedotov, head of the presidential Human Rights Council, has already asked the prosecutor's office to check whether the criminal case was legally initiated.

Mamaev, meanwhile, was brought to the hospital for a medical examination, which will determine whether he can be kept in a pre-trial detention center.

RIA News"

This was stated to Pravmir by the chairman of the Public Monitoring Commission of the city of Moscow, Vadim Gorshenin. The human rights activist says that Mamaev’s case hides dozens of cases when a seriously ill person who is behind bars cannot get out, even if his illness is included in the list of diseases for which it is impossible to be in a colony, because the consideration of his case has not been completed. In an interview with Pravmir, Vadim Gorshenin spoke about the many questions that arose before the judge's verdict, as a result of which the immobilized disabled person ended up behind bars and did not eat for 9 days, because he could not go to the toilet.

On June 30, the Timiryazevsky Court of Moscow sentenced Anton Mamayev, a wheelchair user, to 4.5 years in prison for robbery. Anton Mamaev suffers from spinal muscular atrophy, a disease in which muscles do not work. He can not only move, but even turn around on his own, and weighs only 18 kilograms. According to investigators, Mamaev, as part of a criminal group of 4 people, took possession of a motor scooter worth 160 thousand rubles, threatening the owners with an object that looked like a gun. Anton Mamaev denies his guilt. In an interview with the MK newspaper, he said that he was offered to buy a scooter for little money, and he was going to resell it. Now the accused disabled person is under guard at hospital No. 20. He was transferred to the hospital only after 9 days of detention in a pre-trial detention center, where he was cared for by a cellmate, and the disabled person himself suffered from pain, since he needed to be constantly turned over, and there was often no one to do this.

Human rights activist Vadim Gorshenin constantly visits Anton Mamaev in the hospital as chairman of the Public Monitoring Commission of Moscow. The commission monitors the observance of the rights of prisoners in correctional institutions of the capital.

- Vadim Valeryevich, is there any chance that the disabled person will be released soon?

- Today it became known that the Moscow prosecutor's office protested the sentence to Mamaev. I welcome this decision, but I would like the prosecutors not only to protest, but also punish those of their representatives who in court demanded 6 years for Mamaev. After all, here everything depended not only on the judge, but also on the position of the prosecutor's office as a state body.

I hope that Anton Mamaev will be released from custody on Monday-Tuesday. Today or tomorrow, the medical commission will make its decision, Tatyana Moskalkova applied to the court (Commissioner for Human Rights in the Russian Federation. - Pravmir), the Moscow City Prosecutor's Office appealed to the court. Considering the wide public outcry that this verdict caused, the medical examination will be carried out in an accelerated time, realizing that every day that Anton Mamaev spends in custody is very difficult for him, because the state cannot assign a personal nurse to him.

Vadim Gorshenin

- How does Anton Mamaev feel?

- He is now better than in "Matrosskaya Tishina", because he is in the hospital. Mamaev told us that after the announcement of the verdict, he did not eat for 9 days and drank very little. One could attribute everything to depression, but there was a purely physiological reason: he could not go to the toilet on his own. Now he is doing well. When we went to the hospital for a check, Sergei Moroz, the head of the Federal Penitentiary Service of Moscow, gave an order in our presence that the guards would come to his aid at the first request.

- That is, the role of the nurse is performed by the guards?

- The guards can call a nurse to, for example, help him go to the toilet.

- You wrote on Facebook that the rationale for the verdict on the website of the Timiryazevsky Court is absurd. What exactly?

- I have not seen the verdict and cannot comment on it. But judging by the explanations on the website of the court, the verdict was based on the words of the victims and the video. And when the court is based on words, here any party can say "I'm right." The video has been circulated on the Internet. No conclusion can be drawn from it! You have probably seen it - a group of people smoking and talking, there is nothing else there.

I am confused here by the behavior of the Timiryazevsky court. If you look, the Novye Izvestia newspaper published an article about Anton Mamaev. The newspaper asked for a video. To which the press secretary of the court sent screenshots, but refused to provide the video. Two days later, this recording appears in the Mash telegram channel, and I understand that this video recording could not just be transferred to the telegram channel. The officially registered media asks for a video recording, and they refuse it, but the telegram channel sends it all, and I suspect that this was done for money. And if the recording from the cameras was seized by the court, then it cannot be obtained from anywhere except from the court.

- This case was considered openly. To what extent is the court authorized to distribute evidence at the request of journalists?

The court has no right. Supervisory authorities, lawyers, no one else can get acquainted with the evidence.

- If we see that we have an immobilized disabled person who cannot provide for himself, who has a minor child, then even if the court found him guilty, mitigating circumstances should come into force. The judge makes a decision not only on the basis of evidence, but on the basis of his inner conviction. It is written in the Code of Criminal Procedure (Code of Criminal Procedure - Pravmir). This time. Second, the judge must be guided not only by the letter of the law, but also by the spirit. And if we know that the Chief Justice of the Supreme Court speaks of mitigation of punishment, speaks of a more merciful attitude towards people of such categories, probably the judge subordinate to him should be guided by what the supreme judicial authority sets him as a guideline.

Anton Mamaev with his wife and child

- I will add that Article 162.2, under which a disabled person was convicted, still provides for a suspended sentence, which is strange. Anyone can verify this by opening the Criminal Code. The court argued that Anton's disease was not included in the list of diseases for which a person should be released from punishment. And you published another decision on Facebook, which the court did not refer to.

- Yes, there is a decree of the Government of the Russian Federation, which refers to diseases of the musculoskeletal system, this is directly related to Anton Mamaev.

- That is, the court took into account some other document?

- The court took into account a document dated 2001 - a joint order of the Ministry of Justice and the Ministry of Health with a list of diseases. But there is also a government decree that specifies a new list of diseases according to which people should be released.

- So the court could take it into account?

– The court should have been guided by this. In addition, the judge has a duty: if a weak person sits in front of him, the judge himself had to order a medical examination. And here is the paradox: the Federal Penitentiary Service of Moscow collects evidence by sending the convicted person for examination in order to file a petition for release with the court. Compare definitions: "humane court" and "brutal prison system".

I perceive this court decision as outright judicial nonsense. The judge must proceed not only from the fact that certain people who have committed a crime must be in places of deprivation of liberty. No one objects to this: a thief should be in prison. But the verdict is passed in the name of the Russian Federation. Is it in the interests of the Russian Federation to keep in places of deprivation of liberty a person who cannot serve himself? If a decision is made to detain such a person, then the Russian Federation needs to provide people who would look after him, so that he lives and serves his sentence.

The Russian Federation is obliged to attach a nurse to him. If this is not done, then the sentence of the court will be equal to the death penalty, which the court sentenced, without calling it the death penalty.

And if you attach a nurse to Anton Mamaev, then this will result in additional budget expenses. If the courts make such decisions, is society ready to pay for these decisions?

– The comments of people who read the story of Mamaev are striking: “Disability is not an indulgence, the law is the same for everyone!”, “If he led a criminal gang, then “rack” him without regret!”. Society wants to imprison everyone indiscriminately. What does it say?

- This speaks of the narrow-mindedness of those who write this. If these people look at the budget of the Russian Federation approved for this year, they will see that the Federal Penitentiary Service is getting a budget that the Ministry of Health and the Ministry of Education do not have. And we need to decide on priorities with these people, how the state should develop and what we should spend money on. There are other ways to force the criminal to correct the situation, and the money that we spend on the maintenance of these people can be directed to medical care for those in need. The people who write these comments will soon retire, and let them compare their pension with the content of one prisoner in the Russian Federation, and see that they receive less. And then they will speak differently.

- I think that these people who wrote comments are not very concerned about the issue of the cost of maintenance: for them, if a criminal is a criminal, let him rot in prison at least alive.

- We must proceed from the concepts of mercy. People must serve sentences according to the law, but this primarily concerns crimes against the person and health. Anton Mamaev has a commercial dispute. These are incomparable things.

They wrote to me in the comments: Gorshenin defends such a person, but what if this person killed or raped? The question is that Anton Mamaev did not kill or rape anyone.

Anton Mamaev

I also want to draw attention to the situation of a large number of migrants in the pre-trial detention center. There are tens of thousands of migrants who were imprisoned for 500 rubles of stolen goods, they are serving time, and we spend budget money on them. Sergey Moroz told me a story when we were being checked in the 20th hospital. A migrant came to him - he stole fishing rods from the car for 18 thousand rubles. By the time the verdict was passed, the migrant's family had already compensated for all the damage that the perpetrator caused to the owner of the fishing rods. There are no more claims from the owner. But Themis still overtook him, he was put in a pre-trial detention center, then sent to a colony, where he sits, and we feed him. 4.5 years, in the same way as Mamaev, was given. And there are a lot of such people. I don't understand: is it really the task of Russian society to re-educate citizens of other countries? And what does our society get from this? In our country, the approach to investigative actions and decisions should change.

- A few years ago there was a reform of the criminal law on this issue - they tried to free people convicted under economic articles from being behind bars. Have you noticed the difference on your end?

- We visited, for example, the sixth isolation ward. This is a female insulator. A lot of women are imprisoned there for economic crimes, there are a lot of accountants who have been set up. They are taken to the company so that they sit out for the owners. I see a huge number of operators on the phones that take calls from banks or something, and then it turns out that this is a fraudulent scheme. The organizers do not sit there, but the performers sit there. And the performers are women, there are a lot of non-residents and migrants.

The biggest problem now in the system of institutions of the Federal Penitentiary Service of Moscow is overcrowding. The limit sometimes reaches 50%. Each institution is allocated budgetary funds for food, purchases of sheets, blankets, pillows. When the limit is over, it means that there are 6 people in the cell for 4 people, and they take turns sleeping! And pay attention to the fact that the people who are in the pre-trial detention center are not yet criminals - the fact that they committed a crime has not yet been established by the court. And they are treated as if they were to blame for a long time, and they need to rot.

Let's get back to Mamaev. The case has been going on since autumn. Why was this absurd matter not noticed before?

- Before that, he was at large, and only after the verdict was he taken into custody. How can a person prove his innocence? He is filing an appeal. And Anton Mamaev - well, this is nonsense - it is not profitable to prove his innocence in this situation. Why? Because if he files an appeal - and he has already filed it, and the doctors at the same time issue a conclusion according to which he cannot be held in custody in places of deprivation of liberty, no one will have the right to release him until the case is considered in all judicial authorities!

- Despite the conclusion of the doctors?

- Yes. Because things are still going on. Lawyers advise him to drop his appeal, otherwise he will not be legally released.

- And if he is released, and he is not guilty, will an article hang on him?

- Yes! And there are many such cases. I saw a man with cancer in the medical unit of the Matrosskaya Tishina detention center. He has six months to live. His disease is included in the list of diseases for which a person is released from prison. But the Federal Penitentiary Service cannot apply the norm of this law until the consideration of the case is completed to the end. Therefore, the person lies in the medical unit and waits for the case to end.

- Can the PMC take any measures?

- In this case, no. Our tasks include monitoring the observance of the rights and freedoms of prisoners. But we cannot revise the legislation.

- Why does the court for some criminals take into account mitigating circumstances in the form of young children and illnesses, but not for others?

- Do you now remember Vasilyeva?

- Yes.

“I am outraged by this too.

Why are people who stole 500 rubles imprisoned for several years, and they are in unbearable conditions, while those who are tried for stealing billions are free?

Because the judicial community has a double morality. In addition, each judge has his own views and beliefs. When I was just elected a member of the PMC, human rights activist Andrei Babushkin told me a story. They agreed with the chairman of the Moscow City Court, Egorova, that the judges who are appointed to conduct criminal cases should be sent to the pre-trial detention center. According to our estimates, these judges accept more lenient sentences. Because they understand what it's like there. And there are judges who don't even want to know. For them, the fate of people is mathematics.

The Mamaev case as presented by the Timiryazevsky court

On June 30, 2017, the Timiryazevsky District Court of Moscow considered a criminal case against Anton Mamaev and Vasily Seroshtanov, who were found guilty of robbery (Article 162 of the Criminal Code of the Russian Federation), that is, an attack for the purpose of stealing someone else's property, committed with the threat of violence , dangerous to life and health, by a group of persons by prior agreement, with the use of items used as weapons.

By a court verdict, the organizer of the robbery attack, Anton Mamaev, was sentenced to imprisonment for a term of 4 years and 6 months, to be served in a penal colony of general regime, Vasily Seroshtanov - 3 years to be served in a penal colony of general regime. With regard to the defendants, the measure of restraint in the form of a written undertaking not to leave and proper behavior was canceled, and a measure of restraint in the form of detention was chosen.

During the debate of the parties, the representative of the state prosecution asked that Anton Mamaev be sentenced to 6 years of imprisonment in reality, Vasily Seroshtanov - in the form of 4 years of imprisonment in reality.

During the consideration of the case, the court found that Mamaev and Seroshtanov, having entered into a preliminary criminal conspiracy between themselves and two unidentified persons for a robbery, together with accomplices arrived on the territory of the Duga GSK, where, according to the distribution of roles, they surrounded two victims and did not give them the opportunity to escape . Mamaev spoke to one of the victims of the threat of violence, namely: to shoot his leg, “stuff” it into the trunk of a car and take it to the forest. For the authenticity of the threats made, one of the accomplices, holding an object similar to a pistol, began defiantly to distort the shutter, and Mamaev, in turn, demanded that the victim hand over his motor scooter worth 160,000 rubles. After the young man tried to prevent the transfer of the scooter, one of the accomplices began to threaten him with a chain. Perceiving the threats expressed as realistically executable, the victim obeyed, stopped interfering with the seizure of his scooter, Seroshtanov took it and fled the scene of the crime. Behind him, Mamaev and his accomplices fled in a car.

A few days later, Mamaev and Seroshtanov, as well as two unidentified accomplices, again arrived at the territory of the GSK, where, in order to document the stolen scooter as the property of Seroshtanov, Mamaev demanded that the victim hand over the technical equipment passport. The victim refused, then Mamaev again began to threaten the young man to cripple and kill, and one of the accomplices struck the victim with a fist in the face, the other grabbed his right hand, began to break it out and push the victim to the trunk of the car, inflicting with a metal object similar to a knife , a blow to the right forearm. The attackers forced the victim to hand over the vehicle to them on the scooter and, continuing to threaten to “kill, cut off the ears, gouge out the eyes and shoot”, forced to conclude a contract for the sale of the scooter with Seroshtanov V.A., without paying any money.

As established by the court of 1st instance, the guilt in the commission of the crime was confirmed by evidence, namely: testimonies of victims, witnesses, protocols of investigative actions and other documents, as well as the video recording from the video surveillance cameras installed in the GSK "Duga".

When imposing punishment, the court took into account the nature and degree of public danger of the committed crime, which is classified as serious, the personality of the defendants and the role of each in the commission of the crime, the presence of mitigating and the absence of aggravating circumstances, and imposed a punishment within the sanction provided for in Part 2 of Art. 162 of the Criminal Code of the Russian Federation, in the form of imprisonment.

As indicated by the court in the verdict, when imposing a real prison sentence on Anton Mamaev, the court took into account that the disease reported by him was not included in the List of diseases approved by the Order of the Ministry of Health of the Russian Federation and the Ministry of Justice dated August 09, 2001 No. 311/242. Both the defendants Mamaev and his defense counsel were not provided with any medical certificates at the court session, there was a certificate of disability in the case file. At the court session, the defendant Mamaev explained that he was not registered anywhere, he did not receive outpatient or any specific treatment. At the same time, the court sent a request to the FGBU GB ITU for Moscow (which issued the disability certificate) about the presence of the disease and its severity, and received a response that the archives of the examination certificates were preserved only from 2014.