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 any 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
loose 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