28 Hostages of the Kremlyn
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<strong>28</strong> HOSTAGES OF THE KREMLIN<br />
| | The court trial<br />
During <strong>the</strong> investigation, <strong>the</strong> case <strong>of</strong> Yatsenko was reclassified from ‘smuggling <strong>of</strong> goods’ to<br />
‘possession <strong>of</strong> explosives’, which is punishable by 4 years’ imprisonment.<br />
From <strong>the</strong> Kursk detention centre, he was transferred to <strong>the</strong> city <strong>of</strong> Belgorod, where at <strong>the</strong><br />
beginning <strong>of</strong> March 2015, <strong>the</strong> court <strong>of</strong> first instance sentenced him to 2 years’ imprisonment<br />
in a penal settlement. After Counsel Piotr Zaikin, previously involved in <strong>the</strong> defence <strong>of</strong> Mariya<br />
Alyokhina, a member <strong>of</strong> ‘Pussy Riot’, joined <strong>the</strong> case, an appeal was filed to <strong>the</strong> regional court<br />
<strong>of</strong> Belgorod. Having considered <strong>the</strong> appeal, <strong>the</strong> court decided to reduce <strong>the</strong> punishment to 9<br />
months and release <strong>the</strong> prisoner who had already served <strong>the</strong> prison term.<br />
At <strong>the</strong> first meeting, Piotr Zaikin emphasised <strong>the</strong> jurisprudence <strong>of</strong> <strong>the</strong> Supreme Court in <strong>the</strong> examination<br />
<strong>of</strong> similar cases, according to which, in such cases, citizens <strong>of</strong> <strong>the</strong> Russian Federation<br />
were not subjected to punishment in connection with <strong>the</strong> decriminalisation <strong>of</strong> <strong>the</strong> criminal article.<br />
This was <strong>the</strong> basis for <strong>the</strong> assertion that, in <strong>the</strong> case <strong>of</strong> <strong>the</strong> Ukrainian Yuriy Yatsenko, <strong>the</strong><br />
sentence was politically motivated. 71<br />
All <strong>the</strong> above facts leave no doubt as to <strong>the</strong> complete innocence <strong>of</strong> <strong>the</strong> young people. However,<br />
a positive result was obtained not so much due to <strong>the</strong> observation <strong>of</strong> <strong>the</strong> rule <strong>of</strong> law, but ra<strong>the</strong>r<br />
thanks to bold actions <strong>of</strong> <strong>the</strong> accused and <strong>the</strong> pr<strong>of</strong>essionalism <strong>of</strong> <strong>the</strong> defence. According to Yuriy<br />
Yatsenko, resistance to torture, denial <strong>of</strong> self-incrimination or cooperation with <strong>the</strong> investigative<br />
bodies made his detention absolutely useless for <strong>the</strong> purposes <strong>of</strong> propaganda and, thus, an<br />
unnecessarily financial burden. The story has not gained much publicity within Russia and, consequently,<br />
for <strong>the</strong> judiciary and law enforcement agencies it was not critical; which contributed<br />
to <strong>the</strong> decision to impose lenient sentences, mitigated also by <strong>the</strong> highly pr<strong>of</strong>essional services<br />
provided by <strong>the</strong> defence.<br />
53<br />
This story serves to illustrate once again that <strong>the</strong> information war, being waged by Russia,<br />
does not discount even <strong>the</strong> most cruel methods and is able to create not only fictional television<br />
narratives, but also cause real suffering to innocent people.<br />
71 Segodnya [‘Today’] / The controversial trial <strong>of</strong> <strong>the</strong> Lviv student is underway in Russia — www.segodnya.<br />
ua/regions/lvov/Kak-v-Rossii-prohodit-skandalnyy-sud-nad-lvovskim-studentom.html