Espanjan oikeuslaitos on hylännyt Venäjän vaatimuksen karkoittaa kirjailija ja aktivisti Pjotr “Pit” Silajev Venäjälle. Himkissä on vastustettu vuosien ajan maksullisen Moskova-Pietari-moottoritien rakentamista arvokkaan metsäalueen läpi ja heinäkuussa 2010 tapahtuneen mielenosoituksen jälkeen Venäjän viranomaiset ovat pidättäneet, uhkailleet ja kiduttaneet tunnettuja bloggareita, antifan aktivisteja ja toimittajia. Pit sai turvapaikan Suomesta, mutta joutui Espanjassa käydessään vangituksi ja häntä uhkasi karkoitus Venäjälle.
Today I received the final decision of the National Court of Spain on my case – the extradition request of the Russian police is rejected. What surprised me well was that they added a profound explanation on their decision – including parts very humiliating to the Russian side.
Not only they put a stress on the whole background of the Khimki case – that “a recognized journalist, a founder of Russian antifascist movement, which is currently threatened by the authorities for it’s anti-governmental position, had been unlawfully attributed a role of an organizer of the insurgence” and “many people including journalists were detained, threatened, physically abused and even tortured in order to procure evidence against Silaev”. What impressed me most is that the superior court of Spain has reconsidered the attitude towards overall legitimacy of application of the article 213 of Russian Penal Code (“Hooliganism”) and it’s reference to the European law. It’s said, that:
“According to the extradition request Silaev is accused under the article “Hooliganizm” of Russian penal code. As it’s seen in the documents provided by the Russian side, the current application of the above article has no reference to the Spanish law as Silaev is not accused of any actions, which caused public disorder or harm to a property (corresponding articles of Spanish Penal Code 557 and 263), but in mare participation in the demonstration”.
This is indeed a very compelling decision as it establishes a precedent on the superior level of European juridical system. First time it’s clearly specified that the notorious article No 213, recently and perpetually updated by Russian authorities, has no legal reference to the European law (the same way as, to say, “blasphemy”). During past years the article became widely known in Russia, as it has been constantly used as the main instrument of political oppression against the oppositional movements, aimed to practically ban all unwanted manifestations. Simply participating in such demonstration, people are risking to be accused in a crime of a “grave” class – which “Hooliganism” is – and face up to 7 years in prison. Hope that the current decision of Audiencia Nacional could set a turning point in the attitude towards such cases in future – and hope I didn’t lose 6 month for nothing!
All my sincere greetings to all compañeros, who’ve been helping and encouraging me during that period – but I’ll probably greet you in private soon.
Pete Silaev aka DJ Stalingrad