Mikhail Benyash
Mikhail Benyash, born 1977, Krasnodar Krai. Charges: Article 318 part 1, Russian Criminal Code (Use of non-dangerous violence against a government official); “The case of Mikhail Benyash”. Sentence (October 10, 2019): A fine in the amount of 30,000 roubles. Status: at large. Recognition: Union of Solidarity with Political Prisoners — recognised as persecuted on political grounds, February 11, 2019; Memorial Human Rights Centre — recognised as persecuted on political grounds, January 27, 2019.
In brief
Krasnodar Krai · Krasnodar · Human rights defenders · Cases against "foreign agents", Cases related to mass actions
Sentence
A fine in the amount of 30,000 roubles
Upheld March 6, 2023
Charges
- Article 318 part 1, Russian Criminal Code — Use of non-dangerous violence against a government official
Full wording of the charges
According to the investigation, he struck three blows to one policeman and bit another during detention; Benyash, being an attorney, was on his way to the detainees during the protest in Krasnodar to provide legal assistance and was severely beaten during detention.
Latest event
March 6, 2023 — first-instance verdict
The court delivered a guilty verdict.
Recognition by rights defenders
- Recognised as persecuted on political grounds — Union of Solidarity with Political Prisoners, February 11, 2019
- Recognised as persecuted on political grounds — Memorial Human Rights Centre, January 27, 2019
Timeline
· First-instance verdict
guilty verdict
· Persecution ends
· Added to the register of “foreign agents”
· Preventive measure changed
· Preventive measure: travel ban (written undertaking)
· First-instance verdict
guilty verdict
· Recognised as persecuted on political grounds
Union of Solidarity with Political Prisoners
· Recognised as persecuted on political grounds
Memorial Human Rights Centre
· Preventive measure changed
· Preventive measure: pre-trial detention
Pre-trial Detention Centre №1 (SIZO-1) of the Federal Penitentiary Service of Russian Federation for Krasnodar Krai
· Persecution begins
The case of Mikhail Benyash
Criminal case
The case of Mikhail Benyash
Details and sources
Full summary
Mikhail Benyash, an attorney who intended to defend those detained in Krasnodar during the protest against the pension reform on September 9, 2018. Even before the rally, he learnt that he was being investigated and that there was an APB (all-points bulletin) on his car. Immediately after he called one of the detained activists, he was stopped in the middle of the street by people in civilian clothes and forced into the car, and then beaten at the police department. Later in the hospital Benyash was diagnosed with abrasions on his face, hands, neck, cheekbone and jaw, haemorrhage in the left eardrum and traumatic otitis. On September 11, he was arrested for 14 days under the administrative article on disobedience to lawful demands of police officers (in addition, the court gave him 40 hours of compulsory labour for organising a public event without approval for his post about the action on September 9). On September 23, Benyash was accused of using violence against police officers. According to the investigation, during the arrest in the police car, he bit one officer's hand and struck another in the face with his elbow three times. On September 24, it became known that a case of obstructing justice (part 1 of article 294 of the Criminal Code) was also initiated against Benyash. According to the investigation, on May 6, during the hearing the lawyer "repeatedly interrupted, gave instructions, expressed demands and objections against the judge's decisions" and did not respond to the remarks. On September 28, he was taken into custody. The legal and human rights communities spoke out in support of Benyash. On October 23, Benyash was released on bail. In December it became known that the case of contempt of court was closed. Later, information emerged that an inspection had been conducted in the fall regarding Benyash allegedly damaging a police officer's private car during the arrest. Following the inspection results, the Investigative Committee declined to initiate a criminal case.
On October 11, 2019, Benyash was sentenced to a fine of 30,000 roubles. On February 26, 2021, the appellate court sent the case for reconsideration. On June 26, Benyash was placed under travel restrictions. On December 24, the travel restrictions were lifted, and Benyash was required to pay a bail of 600,000 roubles. On March 6, 2023, Benyash was again sentenced to a fine of 30,000 roubles.
All fields of the record
- Citizenship
- Russia
Other people prosecuted under Article 318 part 1, Russian Criminal Code
Under the same article, not necessarily in the same case.