About the case: Anton Vladimirovich Cherednik, a serviceman of the Armed Forces of Ukraine, is accused under Article 278 of the Criminal Code of “violent seizure of power”, part 1 of Article 356 of the Criminal Code of “cruel treatment of civilians, use of prohibited means and methods in an armed conflict”, part 2 of Article 105 of the Criminal Code of “murder” and Article 205.3 of the Criminal Code of the Russian Federation of “training for terrorist activities”. According to the investigative committee, Cherednik shot a civilian for mispronouncing a phrase in Ukrainian.
The case is being heard by a panel consisting of: presiding judge Vyacheslav Alexeyevich Korsakov, Ilya Nikolaevich Bezgub, and Mukhamed Khasanbievich Kilyarovthe of Southern District Military Court.
The public is present, including 18 media representatives (AiF.ru, Zvezda, RenTV, Kommersant, TASS, Rossiya Segodnya, 61 rnd, NTV, Associated press, RIA Novosti), prosecutor Irina Viktorovna Napalko, and Vladimir Viktorovich Bakulov, a lawyer.
The hearing was scheduled for 10:00, the defendant was brought to the court around 10-40. At 10-50 everyone was invited to the courtroom, before that the operators were allowed to bring equipment for filming. The court hearing began at 11-00. At the request of the Presiding judge, the assistant reported the reasons for the late start – untimely delivery from pre-trial detention center-1 in Rostov-on-Don.
Presiding judge announces the regulations of the hearing: the hearing is open, you can record audio, how to address the court, etc.
Presiding judge: There was a request from the media to allow them to shoot video and take photos.
Clarifies the opinion of the parties.
Prosecutor: I don’t mind, if it doesn’t interfere with the consideration of the case.
Cherednik: I ask for an opportunity to talk with a lawyer in the pre-trial detention center.
Presiding judge: Right now we are on a specific issue.
Cherednik: Not against it.
Counsel: I support his position.
The Court: Allow the media to take photos and videotaping, with the exception of the court and the prosecutor.
Presiding judge identifies Cherednik, asks questions to establish his identity, announces the composition of the court, informs that the three victims have not arrived and have been notified. Presiding judge explains to Cherednik the right to challenge. The parties have no challenges. Presiding judge explains Cherednik’s rights.
The court, addressing the participants: Can we start without the victims’ appearance?
Prosecutor, defense counsel: It is possible.
The Court: It is determined to start the hearing and resolve the issue of the victims’ appearance in the future.
The Court: Any motions?
Prosecutor, defense counsel: No.
Judge to prosecutor: State the charges.
The prosecutor has no indictment, the court allows her to read from the case file, the bailiff handed her the case file. Prosecutor reads the indictment sitting down, monotonously, non-sense.
Briefly the meaning of the indictment: Cherednik was trained, joined Armed Forces of Ukraine, took part in armed actions in the DPR (Donetsk People’s Republic), on March 27, 2022 in the village of Mirny (Mariupol) killed Alexander Vladimirovich Peskunov with two shots in the chest from a Kalashnikov assault rifle.
The text of the indictment contains many references and quotations from the Geneva Convention of 1949 and Additional Protocol № 1 of 08.06.1977.
Presiding judge to Cherednik: Do you understand the indictment?
Cherednik: I do.
Presiding judge to Cherednik: Admitting?
Cherednik: I partially admit to Article 105. I want to talk to my lawyer.
Presiding judge to the lawyer: Do you want to express your position?
Counsel: I will express it at a later stage.
The court proposes to determine the order of examination of evidence.
The prosecutor proposes the following order: Interrogation of the victims through video-call, then examination of case materials and examination of witnesses.
The court: To take into account the proposed order. Declaring a break for 10 minutes.
During the break Cherednik sits with his head down. Upon the judge’s return, the prosecutor reads out a list of evidence. The lawyer is not against the proposed order of examination of evidence. The court explains to Cherednik that he has the right to declare the evidence inadmissible at any time. The court authorizes the prosecutor to announce the evidence according to the list. The bailiff hands the case to the prosecutor.
The prosecutor reads the documents, monotonously, without raising her head. After she reads the description of the corpse and while she is looking for another document – there is complete silence in the hall for several seconds.
Presiding judge: Let’s stop here, we declare a break until April 10 at 11-00.
Presiding judge to the prosecutor: Will you present witnesses next time?
Prosecutor: Yes, perhaps, I will inform the secretary.
Court: Then next time – 10 written [evidence], if there will be present – witnesses and victims.
Presiding judge to Cherednik: Will you testify? The order is as follows: first – the prosecution, then – the defense.
Cherednik: I would like a copy of the indictment.
Court: And the one that was handed to you?
Cherednik: Lost.
Court: We’ll take a break and serve it to you.
Gives instructions to the secretary, asks the defense counsel to find an opportunity to communicate with the defendant during the break.
