Lawyer Polozov just detained in Simferopol (UPDATED)

Дата: 25 January 2017
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Lawyer Mykola Polozov was detained this afternoon in Simferopol, the lawyer defended the interests of Ahtem Chiygoz, the Deputy Chairman of Mejlis of the Crimean Tatar People, and Ilmi Umerov in the court.

As reported by the correspondent of the Human Rights Information Centre.

According to him, Polozov was supposed to be present at the trial of Chiygoz case, but did not appear at the morning session.

Later it became known that 6 FSB officers have detained Polozov in Simferopol and forcibly taken him in for questioning as a witness in the Umerov case. This happened immediately after Polozov returned from the plane flight from Strasbourg, where he spoke out at the Parliamentary Assembly of the Council of Europe and delivered a report on the repressions in the Crimea.

As a reminder, on January 16, Polozov stated that the FSB is planning to forcibly take him in for questioning in the case of his defendant.

“During a break at the trial of Chiygoz case I was approached by an FSB investigator Skrypka and he tried to hand me summon for interrogation. I refused again. And he threatened to bring me in. Now, apparently, I should expect to be forcibly brought in (kidnapped) by the FSB in the Crimea. That is how the work is conducted here”, – he wrote.

In November, Polozov made a complaint to the Chamber of Lawyers of Moscow about the FSB investigator of the Umerov case, who, according to him, is trying to eliminate Polozov from the case by changing his status to the status of a witness and demands to the court to allow the interrogation of the lawyer about the circumstances of the case.

“This element of a pressure on me, as a defendant, is an attempt to change my status from the status of defendant to the status of a witness, so that I could not represent the interests and defend Ilmi Umerov”, – said the lawyer.

In December, FSB tried again to hand over summon for questioning to Mykola Polozov.

Then the occupation authorities of the Crimea renewed the case against the lawyer on charges of interference with the activities of the prosecutor or investigator, contempt of the court and public insult of the authorities during the execution of official duties.

As of 14:40. Detained Mykola Polozov was released. As reported by journalist Anton Naumluk on his Twitter page. “Polozov was released. They tried to question him. Polozov: “I qualify this as a kidnapping””, – said Naumluk. Anton posted a photo of a poster, which was made by the lawyer, on his page.

Polozov wrote on the poster: “Silent in accordance to the Article 8 of the Federal Law of 31.05.2002 №63 of the Federal Law and paragraph 2 part 3 Article 56 of the Criminal-Procedural Code of the Russian Federation”.

Polozov’s message is referring to the attorney-client privilege. The lawyer cannot be summoned and interrogated as a witness about the circumstances, which have became known to him in connection with applying to him for legal aid or in connection with rendering it. Carrying out investigative measures against a lawyer (including residential and office premises, which are used for practice of law) is allowed only on the basis of a court decision.

Polozov with his poster reminded that it is unacceptable to question the lawyer, defendant of a suspect, the accused, as a witness about the circumstances, which have became known to him in connection with applying to him for legal aid or in connection with rendering it.

Krym.Realiyi online resource has also provided a video-commentary of Mykola Polozov, who told what happened. “I was not allowed to walk there, to use the mobile phone. They strongly advised to turn it off. There was no opportunity to use the services of a lawyer, though I was able to inform Oksana Zheleznyak, with whom I have an agreement about the illegal attempts to interrogate me. She was not able to arrive. However, the investigator decided not to wait for her. Of course, this lawlessness must be stopped. If on my example they are trying to squeeze the advocacy community, then I am afraid that it will be very difficult for the rest to work and to protect human rights in the Crimea… Right now there is a threat to attorney-client privilege in Russia”, – said Polozov.

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