Moscow, the whole country is in shock. No, not because of the results of the hearing in the Basmanny court, April 18 reviewed the case, “the Seventh Studio”, but because of how it was made by the Ministry of culture. On his behalf at the trial read out a petition in which the cultural Department of the country asks the court to extend the chosen measure of restraint involved in the case.
photo: Gennady Cherkasov
Such a “goodwill gesture” well, no one from the Department Vladimir Medinsky did not expect. Moreover, according to our information, inside the Ministry recently began a movement if not of salvation, the alleviation of the plight of his former employee Sophia Apfelbaum (she was in charge of the direction of modern art and, in particular, the “Platform”). Consultations with lawyers, a new letter from cultural figures — it seems that even in such non-radical steps was still hope. And suddenly — here you are…
Quoted a document drawn up on 16 April 2018, two days before the court hearing: “In the Basmanny district court of Moscow for a hearing on 18.04.2018 14 hours 30 min. on the question of extending preventive measures in respect of K. S. Serebrennikov, K. Y. Itin, Malopolska A. A., Massieu N. L., Appelbaum S. M., Voronova E. S. (criminal case No. 11702450048000032). In accordance with paragraph 2 of article 249 of the Criminal procedure code of the Russian Federation Ministry of culture seeks to review the extension of preventive measures in the absence of the Ministry. At the same time, the Ministry of culture asks Basmanny court of Moscow to extend the chosen measures of restraint specified by the accused (selection edition)”. Signed and, apparently, wrote this document E. V. Zaitseva, Deputy head of the legal Department of the Ministry of culture.
Well, firstly what did you think of the originator, renamed Apfelbaum in Apfelbaum? Such ignorance is evidence of the indifference of a petty officer: what’s the difference in the end of the names, if the outcome of one and clear… the Question is: can such a gross error document to have legal force?
But rather, the question is not to Zaitseva, and to the Agency and its leadership. Where is the logic of thoughts and actions? How could you do this to your people, even if they are the former and some of the blame, although the presumption of innocence has not been canceled yet?
The Ministry of culture refer to the need to follow a certain letter of the proceedings, and give such official response: “As explained by representing the interests of the Ministry of culture in the criminal case “7 Studio” E. V. Zaitseva, today’s meeting of the Basmanny court due to the consideration of requests for extension of the previously chosen preventive measures against the accused (emphasis ed.) in a criminal case. The applications authorized by the investigating authorities and the Prosecutor’s office supported. In accordance with articles 107 and 109 of the Criminal procedure code of the Russian Federation of the petition about prolongation of term of a measure of restraint needs to be submitted to the court not later than 7 days prior to its expiration. According to the results of consideration of petitions by the court may be made decision on prolongation of a preventive measure for the time required for the completion of the familiarization of the accused with the materials of the criminal case and the criminal case to the Prosecutor with the indictment. Representing the interests of the state in the criminal case, the Ministry of culture because of its procedural status of victim and civil plaintiff filed a similar motion”.
Translated from the state language into human — we say, not opposed to kept as it is and more — at home and in jail.
Of course, against articles of the criminal code does not trample, and de jure, all right, but there is more, sorry, conscience — it has not been canceled. Have compassion, have compassion… Yes, it’s emotions, but they make us human, and not soulless performers. And in this case Ministerial staff acted as callous, cowardly cogs of the system that is designed only for punishment. I want to ask: guys, do you have a different model of behaviour?..
From a legal point of view, it is predictable that the investigation and the prosecution insisted on the extension of the period previously chosen measure of restraint. With them everything is clear: they stood their ground, and will stand, though burst. It is surprising — that the extension of term of house arrest was sought and the Ministry of culture. But it is known that any petition must be motivated. But the request of the Ministry of culture from 16.04.2018 year motivated as you can get. Having the status of victim in the case, the cultural Ministry in the person of its representative didn’t even bother to give any argument why it asks the court to extend the time any and all defendants. It can be assumed that the status of the victim in this case is determining from the point of view of the Ministry. Apparently, the Ministry of culture banal took the position “all”, not even embarrassed by the fact that the petition from 16.04.2018 was clearly directed to the court not specified in the law period of time — up to 7 days before the expiry of the measure.
And another consideration: perhaps impressed by the “creative” fun home prisoner Evgenia Vasilyeva on the high-profile case of “Oboronservis” many have the misconception that house arrest is a resort. Yes, compared to detention, as is the case with the poor Alexey Malopolski, house arrest is softer measure. But then, you have to understand, all depends on the person: if it’s the clerk from the office, then it is painting and singing, house arrest — a very fun. But for a creative person home confinement, and especially in jail, seem hell.
So, how the behavior of the Ministry of culture correct? This question we asked the artists.
Joseph RAIHELGAUZ, the artistic Director of “school of modern drama”:
— I very much hope that the Ministry of culture, which for all their wards makes it much more evil and stupid than goodness and justice, after the reorganization of the Cabinet of Ministers will be the place that should help to work and live the culture. Not help to condemn them. Of course, artists have to work within the law — from the Constitution to the Criminal code. But in this case for a conviction there are other bodies — the Prosecutor’s office, the investigation, the courts, enough of them. But if the Ministry of culture — punishing the body, not on how to live and work, is absurd. Which is so very much in our society.
Mark ZAKHAROV, artistic Director “Lenkom”:
— Of course, a sad story if it all together to assess. Some new words are difficult to say — everything has already been said, but if there be composed a letter to the Supreme court in support of the defendants, will be there signing people theatre — I will gladly sign it.
Mark ROZOVSKY, the art Director of theatre “At Nikitsky gate”:
— I think that just when everything is approaching the finale, the Ministry of culture has decided to dissociate itself and — in this case — her, Sophia Apfelbaum, finally drown. But those who chose her to allocate the money, from liability goes. And about it speech in General, no one is. It turns out the typical Pobedonostev: “It’s not me, and my subordinates. I don’t know anything about any repression, bribes, theft, it is my subordinates themselves violated, let them hang”. Here the Ministry of culture is going about this absolutely immoral, removing any responsibility by Association. And I do not understand why this case is delayed, a long time ago all of this could be found. What you’re looking for? What are the arguments? As people continue to sit…