20:03, 25 December 2018

Defence points violations in Mikhail Benyash's case to ECtHR

Mikhail Benyash (on the left) and Alexei Avanesyan. Photo: Alexei Avanesyan http://ru.rfi.fr

Mikhail Benyash, a lawyer, has been detained in Krasnodar for a longer period than is permitted by the law, his advocate stated in her complaint submitted to the European Court of Human Rights (ECtHR).

The "Caucasian Knot" has reported that on December 12, it became known that the investigators stopped the case against Mikhail Benyash under the article on obstructing the justice, but he was charged with using violence against a policeman.

Mikhail Benyash was detained on September 9 in Krasnodar along with participants of a rally against the pension reform. According to Mr Benyash, he was beaten up after detention. He served 14 days of arrest appointed to him for disobeying the police.

In the opinion of his defence, the article of the European Convention of Human Rights (ECHR) (prohibition of degrading treatment) was violated in respect of Mikhail Benyash, because he was brought to the court in handcuffs; and during the court session he was in a glass "cage".

Besides, the session on appointing a freedom restriction measure was held after 48 hours after his detention had expired, and, according to the law, he should have been released.

Let us remind you that the case of Benyash had caused a great resonance. The Amnesty International recognized him as a prisoner of conscience, and the Human Rights Centre (HRC) "Memorial" warned the authorities that the criminal prosecution of Benyash was undermining the foundations of the Russian legal system.

This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on December 25, 2018 at 01:21 pm MSK. To access the full text of the article, click here.