Double Jeopardy: Yuri Dmitriev’s Acquittal Quashed by Karelian Supreme Court

dmitrievYuri Dmitriev. Photo by Anna Yarovaya. Courtesy of 7X7

Karelian Supreme Court Overturns Karelian Researcher Yuri Dmitriev’s Acquittal 
Anna Yarovaya
7X7
June 14, 2018

The Karelian Supreme Court has overturned the acquittal of Yuri Dmitriev, head of the Karelian branch of the International Memorial Society. His defense counsel, Viktor Anufriev, reported the news after the June 14 court hearing.

According to Anufriev, the prosecution made a motion to summon the children’s ombudsman and a psychologist who had examined Dmitriev’s foster daughter to testify. Anufriev opposed the motion, while the court supported it. The court heard from the girl’s grandmother, who had filed an appeal against the acquittal.

After the Petrozavodsk City Court acquitted Dmitriev of the charge of producing pornography involving a juvenile, his foster daughter was referred to a psychologist for an examination. According to Anufriev, during the examination, Dmitriev’s foster daughter was coerced into making a statement that she was upset and disgraced. This was one of the reasons Anufriev’s acquittal was overturned. Anufriev called the fact the authorities had involved the child in the case an “abomination.”

Consequently, the Karelian Supreme Court overturned the acquittal and returned the case to the Petrozavodsk City Court to be retried.

Yuri Dmitriev is head of the Karelian branch of the International Memorial Society who researches the Stalinist Terror. He was detained on December 13, 2016, and charged with producing pornography. According to police investigators, Dmitriev had photographed his foster daughter in the nude. The defense argued that the photographs were part of a diary monitoring the girl’s growth, which Dmitriev kept for children’s protective services. The expert witnesses concurred with this argument.

Dmitriev’s trial began on June 1, 2017. The case was heard in closed chambers. Dmitriev stood accused of violating three articles of the Russian Criminal Code: Article 242.2 (“Producing pornography involving the depiction of minors”); Article 135 (“Sexual abuse not involving violence”), and Article 222 (“Illegal possession of a firearm”).

At the request of Petrozavodsk City Prosecutor Elena Askerova, the Serbsky Institute performed a forensic psychiatric examination on Dmitriev on January 22, 2018, for which purpose the historian was specially transported under armed guard to Moscow. On January 27, 2018, Dmitriev was released from remand prison on his own recognizance. On February 27, 2018, the court release the findings of the examination: Dmitriev had been deemed healthy.

Prosecutor Askerova asked the court to sentence Dmitriev to nine years in a maximum security penal colony. Defense counsel Anufriev called the Dmitriev case a mockery of the historian’s daughter. On April 5, 2018, the court acquitted Dmitriev on the charge of producing pornography. The judge found Dmitriev guilty of the charge of illegally possessing a firearm and sentenced him two years and six months of parole. Considering the time Dmitriev had already served in the remand prison, the sentence was reduced to three months.

On May 12, 2018, with the court’s permission, Dmitriev was able to attend the Moscow Helsinki Group’s Human Rights Awards ceremony. He was awarded a prize for his historic contribution to the defense of human rights.

Translated by the Russian Reader. Read my previous postings on the Dmitriev case and the context in which it has taken place.

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