About this case: Pussy Riot member Veronika Nikulshina is being held administratively liable under Article 19.34.1 of the Code of Administrative Offenses of Russia for failing to mark her publications on the Internet with a foreign agent’s label.
The case is being heard by the Simonovsky Court of Moscow, the judge is Oleg Maksudovich Shassaev.
The Simonovsky Court is a bustling place. Groups of people wait outside each courtroom, forming queues. The schedule for the judge I am interested in, is literally minute by minute, with hearings scheduled every two minutes. Given such a workload, adhering to the schedule is challenging. Consequently, the hearing for Nikulshina’s case only begins 16 minutes after the scheduled time, as Judge Shassaev personally invites the participants into the courtroom.
Nikulshina is absent, her interests are represented by attorney Vladimir Voronin.. A representative from Roskomnadzor, who has drawn up the protocol against Nikulshina, is present. The judge asks the representative to wait in the hallway until called as a witness.
Attorney Voronin presents his arguments, arguing that the protocol was drafted with violations. He emphasizes that Roskomnadzor inspections can be planned or unplanned, with the latter requiring a specific task and documentation of the inspection results. None of this is present in the case. He considers the offense to be of minor significance and the protocol an unjustified interference with freedom of expression, amounting to censorship. He requests the case be dismissed.
The judge invites the Roskomnadzor representative to testify. Antonina Aralova, who drafted the administrative offense protocol, informs the court that Roskomnadzor received instructions from its central office. She explains that no actions were taken to identify the offense since Nikulshina is not a media outlet but an individual. Only a protocol was drawn up.
Voronin counters that since Nikulshina is listed in the foreign agent media registry, she is considered a media outlet.
The witness responds that, nonetheless, no inspection was conducted in this case.
Voronin asks how the action was regulated in this case.
The witness answers that there was no inspection, and the protocol was drawn up based on the instructions.
Voronin wants to know where it states that a protocol can be drafted based solely on such instructions.
The judge rephrases and clarifies whether he understands properly that the instruction itself evidences an offense.
Receiving an affirmative answer, Judge Shassaev proceeds to examine the materials of the case and then leaves for the deliberation room. Despite taking less than a minute to make a decision, Attorney Voronin manages to leave the courtroom before the judge returns.
I am listening to the court’s decision with the Roskomnadzor representative. Veronika Nikulshina is found guilty and fined 5,000 rubles, which is less than the minimum specified for this offense.
