Arrest Dagestani Trucker Refuses to Report to Jail Voluntarily
September 16, 2016
The Rostov Regional Court ordered the arrest of a Dagestani trucker who took part in the tractor convoy of Krasnodar farmers, but law enforcement officials “forgot” to detain him.
On September 16, the court considered Dagestani trucker Rustam Mallamagomedov’s appeal of an August 26, 2016, ruling by the Aksay District Court. The court had found the activist guilty of violation of Article 188.8.131.52 of the Russian Misdemeanors Code (involvement in an illegal political rally) and arrested him in absentia for ten days.
The regional court judge confirmed the district court’s ruling, despite the fact that, by law, a ruling of this kind can be issued only in the defendant’s presence. Mallamagomedov was not present at either hearing. According to his attorney, Valentin Pyshkin, this is the source of the conflict. The police “forgot” to detain the trucker preliminarily, so in spite of the administrative arrest issued against him, Mallamagomedov continues to remain at liberty to roam the streets [sic], and has no intention of voluntarily “correcting” the mistake made by law enforcement officers.
“The thing is there no standard procedure as to what the police should do now. An administrative arrest cannot be issued in absentia. This is nonsense. For an individual to be put under administrative arrest he has to be present in the courtroom. At any rate, he is not obliged to report to jail himself. He bears no responsibility for failing to report to jail. Moreover, he cannot be detained and sent there forcibly, either, since this is not stipulated by Russian law,” said Pyshkin.
“Only arrest on criminal charges can be ordered in absentia,” the lawyer stressed.
In this case, the court can issue a detention order before the defendant is detained, Pyshkin explained. But this principle is not valid in the case of administrative [misdemeanor] violations. The lawyer was hard pressed to say what law enforcement officers would do now. In his opinion, it would be easier just to abolish the questionable ruling. That, however, is not what has happened.
“The Rostov Regional Court did not listen to our arguments, nor, when the case was heard on the merits, did it want to examine any of the witnesses we had brought to the hearing. And all our motions were rejected,” said Pyshkin.
When our correspondent asked about the trucker’s current whereabouts, the attorney declined to answer, saying that the telephones could be bugged. He did confirm, however, that Mallamagomedov was currently not in Rostov Region.
Beaten by the police when the tractor convoy was dispersed, the trucker himself does not admit his guilt.
“Aside from the fact we didn’t organize any political rally, it was the police who didn’t let the farmers and us leave our camp. I was elsewhere the day our other comrades were arrested,” Mallamagomedov explained to Novaya Gazeta by telephone.
“On August 22, the day before the convoy was dispersed, I was beaten by the police guarding the camp. After that, I went to the hospital and the Investigative Committee, where I stayed until the evening of August 23. On the morning of the 24th, I went to the police station to find out how the guys were doing. I was detained there, but police did not draw up an arrest sheet. I felt sick while I was sitting there and left again in an ambulance,” he added.
Nevertheless, during his time at the precinct, police officers confiscated the driver’s internal passport without explanation. Apparently, it was then they drew up the charge sheet that was the basis for the Aksay District Court’s August 26 ruling to arrest the missing activist. After receiving medical treatment, the trucker had no intention of returning to the police station voluntarily, since he had been held there without processing of the proper papers, that is, illegally. He could not attend the August 26 hearing, either, because he was undergoing outpatient treatment.
When it is a matter of arrest, the individual is usually detained first, and then taken before a judge. Then he is sent from the courtroom to jail for ten days. The court’s administrative ruling is thus implemented. The majority of truckers and farmers detained during the tractor convoy were taken to the police station and sentenced to jail terms ranging from five to ten days, in that order. They have served their sentences and returned home long ago.
Translated by the Russian Reader. Thanks to Comrade Anatrrra for the heads-up
According to Jim Jarmusch, director of the film by this name: “Down by law, at the time in the mid-80s, was kind of in use on the streets as meaning a very close connection with somebody. If somebody was down by law, they were close to you or you would protect them. I know that, earlier, in prison slang, if somebody was down by law, and they got out before you, they would contact your family or look after people outside if you needed them to. So it meant something very close or a code. I really liked the contradiction of that, being something that sounds like being oppressed by the law, which of course under that condition is where the slang came from. So, I liked that contradiction of it. And I liked it also in terms of the film being contradictory in that they are oppressed by the law but they also become down by law with each other.”
Jimmy ain’t gonna rat on me. We’re down by law.