Ex-mayor of Blagoveshchensk asks for permission to leave prison and take part in election
Former mayor Alexander Migulya asked court to change the measure of restraint, because he wanted to take part in the Duma elections.
The court rejected the petition of the former mayor of Blagoveshchensk Alexander Migulya to change the preventive measure from detention to a milder one. Migulya currently remains in custody as a defendant in the case of several episodes of malfeasance. The accused asked for freedom of movement to go to the election.
On June 30, the Blagoveshchensk City Court held the first hearing on the merits of the criminal case of the city’s former mayor Alexander Migulya, Kommersant reported. The trial was held in public. Moreover, the process was broadcast on Facebook, which was organized by Migulya’s supporters.
At the beginning of the session, Migulya said he intended to run for the State Duma. He claimed to be an active politician, who could not be prevented from participating in the election. At the trial, Migulya vouched for himself, noting that he had no previous records of conviction, that he had already served as a member of the Legislative Assembly of the Amur Region, and therefore he had a passive electoral right. The detention prevents him from self-realization, since he cannot submit written notice of self-nomination to the Election Commission. The custody strongly limits his actions because Migulya cannot campaign and collect signatures for himself. This puts him at a disadvantage with other participants of the campaign.
It is worth noting that a decree on holding election to the State Duma was signed after the City Court had decided to extend the length of commitment for the former mayor. Migulya thinks that this means there are new circumstances to the case, so the measure of restraint can be changed, because now he probably does not need isolation from society. The prosecution did not agree with the arguments of the accused.
The judge rejected the request, pointing out that Migulya stands accused of committing crimes under art. 285.1 para. 2 subpara. "b" of the Criminal Code (misappropriation of budgetary funds committed on a large scale), art. 286 para. 2 of the Criminal Code (misfeasance in office committed by the head of local authority), art. 289 of the Criminal Code (illegal participation in entrepreneurial activity), and art. 285 para. 2 of the Criminal Code (abuse of office committed by the head of local authority).
The Court emphasized that Migulya was facing up to seven years in prison. In addition, the accused was put on the international wanted list, which is why the court is afraid that he might abscond. During the trial, the prosecutor managed to read only part of a multipage charges, and then took a recess until July 25. Migulya’s case consists of more than 30 volumes.
In 2006, Migulya was accused of embezzling more than 46 million rubles from budgetary funds for the purchase of a road bridge over the Chigiri River from one of Blagoveshchensk companies.
Also, investigators believe that in 2008 the former mayor sold a plot of land with the size about 8 hectares in Mukhinka District, significantly underestimating its price. As a result, the city's budget lost more than 20 million rubles.
Moreover, the former head created a friendly environment for the MISSK Company, which leased some land for the construction of the Severny neighborhood. The company did not pay the rent, thus causing damage to the city estimated at more than 200 million rubles.
In May 2015, Migulya was detained in the Lipetsk Region and transported to the pretrial custody of Blagoveshchensk. The court has repeatedly extended the period of his detention.
Alexander Migulya was mayor of Blagoveshchensk from 2004 to 2010. In April 2010, he left his post at the decision of the governor Oleg Kozhemyako for failure to fulfill the court's decision: he had not reinstated the director of one of the municipal enterprises in his office. This director had unsuccessfully tried to challenge the decision in court, but later gave up and withdrew his cassation. One year later, the former mayor became a defendant in a criminal case, and subsequently put on a wanted list.
Migulya's lawyers believe that their client was brought to account illegally and unreasonably, and that the real cause of the conflict is not land or budget spending, but the
In addition, the defenders pointed out to the court that their principal remains in custody illegally. Migulya is accused of committing two serious crimes and one crime of medium gravity, and therefore, the deadline for his detention is 12 months. By law, Migulya was to be released on May 12, but the court nevertheless decided to extend the period of detention.
Saburova believes that the Russian authorities violated articles 2 and 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, guaranteeing the right to life, as well as the right to freedom and personal inviolability.