The Supreme court upheld the conviction on a former MSU student Karaulova
Moscow. March 22. INTERFAX.RU — the Supreme court upheld the sentence to former MSU student Alexandra Ivanova (Barbara Karaulova), sentenced to 4.5 years of imprisonment for attempting to join the terrorist organization “Islamic state” (banned in Russia), the correspondent of “Interfax”.
“The verdict of the Moscow district military court on 22 December 2016 in respect Ivanova Alexandra Pavlovna to leave without change, appeals — without satisfaction”, — is spoken in the decision of judicial Board on military cases, announced on Wednesday.
Thus, the sentence Ivanova (Karaulova) entered into force in the near future it will be transported to the place of punishment
In their complaints, the defense asked the Supreme court to overturn the sentence imposed as unreasonable and illegal. Lawyers emphasize that the Ivanova was a voluntary refusal from committing a crime, as it is a month before the arrest gave all your gadgets to parents, in order to communicate with your virtual lover. This is confirmed by the record of the search and inventory of seized in the apartment of the parents of supernumerary, according to which electronic devices were seized from the safe, and they were not viewed messages asking to get in touch.
“I ask the Supreme court to correct the mistake that was made by the Moscow district military court to rectify the injustice committed against our client,” said lawyer Sergei adamsin.
In addition, according to the lawyers, was “a provocation by the FSB” that he had not received the court’s assessment. “They’re actually the permission to communicate with Barbara, chatting with family, staying in the family home, knowing the condition of the defendant, gave her his tablet and said — write,” said adamsin.
The lawyers noted that military court at sentencing failed to substantiate the impossibility of application to it of article 73 and had not discussed the possibility of the application of article 96, according to which persons who have committed crimes at the age from 18 to 20 years can be prosecuted as a juvenile. Protection reminded about the psychological state Karaulova, who after returning from Turkey, was on treatment in medical facilities and taking antidepressants.
In turn, the lawyer of Karina Moskalenko has declared that against its client was a violation of article 7 of the European Convention on human rights, that is, criminalization of non-criminal actions.
Even if you count those (sane convicted) actions proven here, there can be composition prestupleniyami Moskalenkoca Barbara Karaulova
In turn, the representative of the Main military Prosecutor Jozef Mackiewicz recalled that each state sets its own laws, and “legislator of the Russian Federation has established the criminalization of these (sane Karaulova — if) action.”
“Acting in our country the law and demonstrate the actions she made, constitute an offense,” said Mackiewicz, adding that the verdict Ivanova made reasonably and is not too harsh.
Lawyer Ilya Novikov said that the decision of the Supreme court of the Russian Federation may become a signal to many Russian families.
If you do not cancel this sentence, if not to parents and families signal that you can handle your trouble to the Russian police officers who will be punished, and will help you, then we are in big nepriyatnostey Novikovoy
The state Prosecutor Mikhail Reznichenko said that “the defense has built own comfortable world, ignoring the case file.”
“Why dear defender Novikov tells us how the FSB for six months as a nanny to babysit their client: first, they found it, then went to the hospital, but nevertheless she was determined to join the terrorist organization,” — said the Prosecutor.
The decision of the first instance
The Moscow district military court on 22 December last year admitted Ivanov (Karaulov) guilty of attempting to join the terrorist organization “Islamic state”, and appointed her a sentence of 4 years and 6 months of imprisonment in a General regime colony.
Karaulova and her defense denies her desire to join the terrorists and explains the aborted trip to Syria with a desire to marry her lover, who later turned out to be not the person for whom issued.
Student, which at that time was 19 years old, went missing in Moscow on may 27, 2015 after went to University, but did not come to class. In early June it became known that the Turkish-Syrian border were detained on 13 Russians (including Karaulova), which, presumably, was planning to join the terrorist organization “Islamic state”. Karaulov returned to Moscow on June 11. Subsequently, she changed her name and surname in order to avoid unnecessary media attention.
Karaulova was charged with attempted participation in a terrorist organization (part 1 of article 30 part 2 of article 205.5 of the criminal code).
In the course of the proceedings the Prosecutor and the presiding judge in the case of Alexander by Abacavir were announced correspondence Karaulova with her virtual lover Ayrat Samedovym, whom she knew by the name of Vlad and various “nicknames” in social networks. According to the materials of the case, the man in 2015 went to Syria to fight for Islamic state, where it tried to go to the student.
The meeting also heard the testimony of Karaulova, her stepfather, teachers at University and school, announced the results of examinations, including a comprehensive forensic psychological and psychiatric examination at the Institute. The Serbian, who recognized her as sane and mentally healthy.
According to the materials of the case, during questioning, the student admitted his guilt. Meanwhile, during testimony in a military court Karaulov has declared that has given grateful evidences at the behest of the investigator Sergei Aguzarova, who in the course of multiple conversations without my lawyer insisted that it would help to get a lighter sentence.
The press service of Moscow state University November 18, 2016, reported that Ivanov (Karaulov) who was dismissed from the philosophy faculty on their own. At the end of November 2016 the girl turned 21.