Wrongly Convicted Database Record
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Charge: |
Hooliganism |
Sentence: |
2 years |
Years Imprisoned: |
1.75 |
Year Crime: |
2012 |
Year Convicted: |
2012 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Russian Federation |
County or Region of Crime: |
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City of Crime: |
Moscow |
Result: |
Judicially Exonerated |
Summary of Case: |
"Mariya Vladimirovna Alekhina, Nadezhda Andreyevna Tolokonnikova and Yekaterina Stanislavovna Samutsevich were codefendants wrongly convited of extremism. Mariya Alekhina, Nadezhda Tolokonnikova and Yekaterina Samutsevich are members of the Russian feminist punk band, Pussy Riot, that they founded in late 2011. Their prosecution was based on their performance in Christ the Saviour Cathedral in Moscow on February 21, 2012. To make a video of them performing their songs, the three defendants filmed performances in various public places around Moscow, such as a subway station, the roof of a tram, on top of a booth and in a shop window. Among the songs they performed were: Release the Cobblestones, Kropotkin Vodka, Death to Prison, Freedom to Protest and Putin Wet Himself. On February 21 five members of the band (the three defendants and two others) attempted to perform 'Punk Prayer Virgin Mary, Drive Putin Away' from the altar of Moscows Christ the Saviour Cathedral. They had invited the media to view their performance. No service was underway, but there were many people in the cathedral and they only played for about a minute before guards escorted them out. The three defendants were charged on February 24, 2012 with the aggravated offence of hooliganism motivated by religious hatred. After their arrests all three were jailed without bail after judges determined they were likely to abscound if released. "On 17 August 2012 the Khamovnicheskiy District Court found the three applicants guilty under Article 213 § 2 of the Russian Criminal Code of hooliganism for reasons of religious hatred and enmity and for reasons of hatred towards a particular social group. It found that they had committed the crime in a group, acting with premeditation and in concert, and sentenced each of them to two years imprisonment." Their sentences were to begin from their date of arrest. They appealed. On October 10, 2012 the Moscow City Court affirmed the convictions of all three, but suspended the sentence of Samutsevich and gave her two years probation and ordered her immediate release after 7 months in custody. The three appealed. On November 29, 2012 the Zamoskvoretskiy District Court affirmed their convictions. On December 14, 2012 the Zamoskvoretskiy District Court denied the defendants third appeal. On March 12, 2018 the European Court of Human Rights in Strasbourg ruled that in convicting the defendants their rights under the Convention had been violated. In the Court's written ruling on July 17, 2018 explaining its reasoning, they were awarded compensation from the Russian government. Alekhina and Tolokonnikova were awarded EUR 16,000 each, and Samutsevich was awarded EUR 5,000. They were also jointly awarded costs and expenses of EUR 11,760." |
Conviction Caused By: |
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Innocence Proved By: |
"On March 12, 2018 the European Court of Human Rights in Strasbourg ruled that in convicting the defendants their rights under the Convention had been violated. In the Court's written ruling on July 17, 2018 explaining its reasoning, they were awarded compensation. Alekhina and Tolokonnikova were awarded EUR 16,000 each, and Samutsevich was awarded EUR 5,000. They were also jointly awarded costs and expenses of EUR 11,760." |
Defendant Aided By: |
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Compensation Awarded: |
"EUR 16,000 (Russian govt., 7-17-2018) plus joint costs and expenses with two codefendants of EUR 11,760." |
Was Perpetrator Identified? |
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Age When Imprisoned: |
23 |
Age When Released: |
25 |
Sex: |
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Skin/Ethnicity: |
White |
Information Source 1: |
"CASE OF MARIYA ALEKHINA AND OTHERS v. RUSSIA, (Application no. 38004/12) (European Ct of Human Rights, Strasbourg, July 17, 2018) (Reversing convictions and awarding compensation)" |
Information Location 1: |
https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-184666%22]} |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org