Today on 14 January 2015 there was a court hearing upon an appeal petition of attorney Roman Kachanov representing a convict Denis Finigenov against Decision of Verkh-Isetsky regional court on 22 September 2014.
Let us remind that on 25 May 2014 a defender of the convict Svetlana Malyugina was not admitted on a meeting with her client for legal consultations upon his criminal case by officer from the penal colony № 19 — V. N. Podopedov. The reason was interesting — Podopedov referred it to Law «On public control» and «On Advocacy» which have nothing to do with meeting of Svetlana Malyugina.
Certainly, this illegal refusal was challenged by the representatives of the convict in Verkh-Isetsky regional court. However, judge A. A. Reutova refused to satisfied demands of the representatives of the convict. She gave a reason that Svetlana Malyugina had to «prove» that she needed a meeting with Finogenov for legal help but not for other things (?!).
Where did she take such ideas, we don’t have a clue. First of all, nothing said in Law, secondly, Svetlana Malyugina wasn’t asked about her aims for meeting by Podobedov.
Before human right defenders have already won cases against the penal colony № 19 upon denial of access of Svetlana Malyugina to D. Finogenov; on 10 December 2014 positive decision came into force.
The most interesting thing that judge Reutova in her decision explicitly acknowledged that Svetlana Malyugina has a status of «defender» and that’s why she has a right to a meeting with her client. Due to this fact attorney Roman Kachanov today has told a soviet joke which illustrates stupidity of arguments of jailers and court: «A man comes to a man of office and asks: do I have a right?». He is answered: «You do». Then he asks: «It means I can?». He is answered: «No, you cannot».
The same we have here — Svetlana Malyugina has a right to a meeting with Finogenov but somehow she cannot, she is not allowed to do. Stupidity, absurdity.. But this our prison officers work; these word are no separated from them.
We don’t know if this joke influenced opinion of regional judges but as a result the Sverdlovsk regional court has call off decision from 22 September 2014 and handed down a new one in favor of defender and a convict.
Human rights defenders of the Urals