About the case: Vadim Dudarev is charged under Part 1 of Article 20.3.3 of the Code of Administrative Offense of Russia for discrediting against Russian Federation Armed Forces. Dudarev was participating in a picket with two posters. In one hand, he held a poster with the inscription «Иконы МИРоточат», and in the other hand, he held a poster that said “И ты попробуй.”*
The case is being heard in the Oktyabrsky District Court of St. Petersburg, presided over by Judge Elena Mikhailovna Sergeyeva.
*“Иконы МИРоточат” reads like “icony mirotochat”, and “И ты попробуй” translates “and you try it”. “Icony mirotochat” can’t be translated properly, but it means “Icons are streaming myrrh”, and the first 3 letters of the second word (“mirotochat”) this word are the same as “peace” in Russian – мир (mir).
The hearing was delayed by 30 minutes.
Only Dudarev appeared, there was no defense attorney present.
The judge promptly announced the start of the hearing without explaining the rights, immediately proceeding to the question of whether the defense attorney would appear. She received a negative response, and the hearing continued.
She asked Dudarev if there were any motions for today, and the answer was also negative. Judge Elena Mikhailovna Sergeyeva mentioned the previous hearing, where written explanations were attached, and a review of the case materials took place, along with the following motions being submitted:
– Interrogation of police officers;
– Conducting forensic linguistic examination;
– Involvement of a prosecutor.
The court adjourned to resolve the submitted motions.
The court session resumed after 7 minutes, and Judge Sergeyeva returned to the courtroom, announcing a decision to deny the motions. The rationale stated that the prosecutor’s presence was only necessary in the case of a minor involvement; there was no basis for involving the police officers as there was sufficient evidence for the court, and no expertise was needed since no specialized knowledge was required for assessment.
The judge asked again about any petitions and received a response that there were none.
Judge Sergeyeva proceeds to declare the case materials.
From them, it follows that on April 8, 2022, at 19:20, while located at Isaakievskaya Square 4, Dudarev engaged in public actions aimed at discrediting the Russian Federation Armed Forces. At Isaakievskiy, Dudarev held posters with the inscriptions “Icons are streaming myrrh” and “And you try it,” thus discrediting the objectives of the Russian Federation’s special operation.
In his explanation, Dudarev disagrees with the statements of the police. He notes that neither on the posters nor in what he said were there any words about the armed forces of the Russian Federation. He did not undermine anyone’s authority or trust.
The judge struggled with reading Dudarev’s explanation, possibly due to his handwriting. He offered assistance in reading his explanation, but the judge continued reading.
There is also information that on February 1, 2022, Dudarev was charged under Article 20.2.2 Part 1 of Code of Administrative Offences in the Pushkin District Court. The fine is listed as overdue. Dudarev explains that the proceedings in the case were halted, and this is an error. The judge initially did not understand the word “halted” and sought clarification. After the appeal, the case was returned to the Pushkin Court, where it was terminated – the situation was clarified. Sergeyeva recommended that Dudarev resolve the fine error.
Next, a discussion of the photo takes place. It shows the Isaac Cathedral and Dudarev standing nearby with two signs.
There is a protocol of a conveyance, a report, and the transfer of the case to the court.
The judge offers the opportunity for comments, and Dudarev agrees.
Dudarev asks whether he should provide a brief or detailed explanation, and the judge responds that either way is acceptable.
Dudarev points out that he had no intention of discrediting the Russian Federation Armed Forces or questioning the conduct of the special operation. He explains that the message on his poster was a general call for peace, unrelated to any specific war. His message was directed towards people and passersby. He asserts that he behaved courteously and did not resist arrest. He expresses confusion regarding the allegation of discrediting, as he does not fully understand the substance of the charges. He considers himself a socially responsible individual and had no intention of disrupting public order or violating Russian laws. He expresses hope for an objective approach from the judge towards the proceedings.
After hearing from the participants, the court adjourns to make a decision.
After 11 minutes, the judge returns from the deliberation room and announces a ruling to terminate the proceedings against Dudarev for the administrative offense due to the absence of the offense’s elements.
The hearing has ended.
© 2019-2021 Independent public portal on impartial trial monitoring