Subject: [CivilSoc] Nikitin Supreme Court hearing postponed
From: Bellona (bellona@bellona.no)
Date: Wed Aug 02 2000 - 09:26:56 EDT
Nikitin Supreme Court hearing postponed
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Details: http://www.bellona.no/nikitin/
The Full Presidium of the Russian Supreme Court postponed today the
hearing of the Prosecutor General’s appeal against Nikitin’s acquittal
until September 13. A former KGB dissident hunter is believed to be
responsible for the new process.
2 August, 2000
The Full Presidium of the Russian Supreme Court was in session at 9:45
Moscow time, Wednesday. 11 judges went into the room packed with
reporters. One of the judges climbed the podium to open the proceedings.
After a question was asked whether there were any comments from the
Presidium, the First Deputy Chairman of the Supreme Court, Vladimir
Radchenko, stood up and said that he had been on holiday and did not
have enough time to prepare himself for the hearing. The request for
postponement met no objections from the Chairman. A new date was
announced immediately – September 13.
Witch-hunter aware of planned postponement
------------------------------------------
Right after the session was over, Nikitin’s defence team was musing over
the reasons for assembling the whole Presidium if it had been decided
beforehand to postpone the hearing? A possible answer evolved shortly
afterwards. On Monday this week, rumours leaked from Victor Cherkesov’s
office that the hearing of the Nikitin case was to be postponed. Victor
Cherkesov was the head of the St. Peterburg branch of the Russian
Security Police, or FSB, when the Nikitin case was started and is
believed to have initiated the whole process. Cherkesov started his
carrier in Department 5 of the KGB, being responsible for hunting down
Soviet dissidents. Today, Cherkesov, who is on friendly terms with
President Vladimir Putin, is the Governor of Northwest region of Russia.
Nikitin’s defender Yury Schmidt says that Cherkesov was extremely upset
when the St. Petersburg City Court acquitted Nikitin of all charges in
December 1999, and when the Russian Supreme Court upheld the acquittal
in April 2000. The fact that Cherkesov’s office was aware of the planned
postponement shows his interest into the case and possible exertion of
pressure on the Supreme Court judges.
Nikitin’s defenders believe that moving the session date to September
13, would give Cherkesov and the FSB more time to ensure that the
decision taken is in their favour. The Prosecutor General Office is just
a tool to use.
The Prosecutor General’s Office appealed the acquittal of Nikitin to the
Full Presidium of the Supreme Court on May 30. The ground for the appeal
is mildly speaking weird. The prosecutors say they should be granted
another chance to reinvestigate the Nikitin case in order to remedy the
rights of the retired officer which were violated the first time around.
Nikitin’s defence team was alerted only on July 19.
Judges become a part of the violations
--------------------------------------
“The Supreme Court judges are now taking part in violating Nikitin’s
rights,” Jon Gauslaa, legal adviser of Bellona, said after the short
session was over. “The case is not complicated to evaluate. There is no
case. Nikitin was acquitted of all charges and sending his case back to
FSB investigators in order to remedy his rights would have nothing to do
with the principles of civilised law,” Gauslaa added.
Aleksandr Nikitin before he entered the courtroom said he hoped that
“common sense would take over.” “We cannot imagine an absurd situation
when the acquittal verdict is reversed,” Nikitin stated. The outcome of
the session was close to absurd.
Last year, Nikitin filed complaint to the European Court of Human Rights
in Strasbourg. The Prosecutor General’s appeal is yet another move to
reinforce the complaint and if the Presidium of the Supreme Court
accepts the appeal or drags on with postponements, the only option for
Nikitin would be to remedy his rights in Strasbourg.
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Contact: Jon Gauslaa, mobile phone: +47-926-19 244
More information, updates, background etc., see Bellona web
(english and russian): http://www.bellona.no/nikitin/
Please dissiminate this information further and/or make a
link to the above URL, thank you.
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