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.

Defense Asks for Acquittal of Historian Yuri Dmitriev on All Charges

Defense in Dmitriev Case Asks for Acquittal of Historian on All Charges
Valery Potashov
Chernika
March 22, 2018

Anufriev
Yuri Dmitriev’s defense attorney Viktor Anufriev. Photo by Valery Potashov. Courtesy of Chernika

On March 22, defense attorney Viktor Anufriev made his closing arguments in Petrozavodsk City Court, where the criminal case against Yuri Dmitriev, the famous researcher of Stalin’s Great Terror, has been heard in closed chambers. Mr. Anufriev asked the court to acquit Mr. Dmitriev on all counts, including the main charge, production of child pornography using his foster daughter.

“I was given the time to make a closing argument, which is what I did. I asked that Yuri Alexeyevich be acquitted on all counts and explained to the court why it should do this,” Mr. Anufriev told reporters after the hearing.

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Defendant Yuri Dmitriev and his eldest daughter Katya in the courthouse hallway. Photo by Valery Potashov. Courtesy of Chernika

He noted that Mr. Dmitriev had indeed taken photographs of his foster daughter when she was naked, but that these actions were not evidence of the crime of which the historian had been accused.

“There was no sexual motive. He is not a pedophile. He is mentally fit, and he made the photographs in order to monitor the child’s health. His objectives were medical. This was the conclusion of the last two forensic examinations, which were trustworthy, I would say,” Mr. Anufriev emphasized.

Commenting on the closing argument of Prosecutor Yelena Askerova, who two days earlier had asked the court to sentence Mr. Dmitriev to nine years in a maximum security penal colony, Mr. Anufriev noted that the criminal charges against the researcher had been filed unlawfully.

AskerovaPetrozavodsk Prosecutor Yelena Askerova. Photo courtesy of Guberniya Daily and Chernika

“He was arrested without sufficient cause, and the foster daughter was removed from his custody and taken out of the city. This what was caused mental harm to the child, not Yuri Alexeyevich’s actions.”

Mr. Anufriev also voiced the opinion that Petrozavodsk Prosecutor Yelena Askerova’s decision to ask the court to find Mr. Dmitriev guilty on all counts of the original charges was made by the Karelian Prosecutor’s Office.

“The prosecutor’s office is an agency where everyone wears a uniform and has a rank. There is a chain of command. The law says prosecutor’s offices are independent. But they are not independent when it comes to stating their position today. They have vetted their position with the prosecutor’s office that oversees them, so it follows that the overseeing prosecutor gave the command to press for a guilty verdict,” Mr. Anufriev told reporters.

Pristavy
Judge Marina Nosova asked the bailiffs not to let people into the courtroom. Photo by Valery Potashov. Courtesy of Chernika

According to Mr. Anufriev, on March 27, the parties to the trial will be given time to make counterarguments, and then the judge will allow Mr. Dmitriev to make a closing statement before retiring to chambers to deliberate her decision. It is noteworthy that even before today’s hearing in the Dmitriev case, Judge Marina Nosova asked the court bailiffs not to let people who had come to support Mr. Dmitriev get near the courtroom doors.

Mr. Dmitriev’s trial in Petrozavodsk City Court began in June 2017. He was remanded in police custody for over a year and was only released from the remand prison after undergoing an inpatient forensic examination at the Serbsky National Medical Research Center for Psychiatry and Addiction Medicine in Moscow. The examining physicians concluded the defendant had no pedophilic propensities whatsoever.

Thanks to Victoria Andreyeva for the heads-up. Translated by the Russian Reader