The human rights organization Memorial was victorious in the Dzerzhinsky district court on Tuesday when Judge Andrei Shabakov ruled that the police raid on their office was “unlawful.”
The key issue driving Monday and Tuesday’s hearing was whether Memorial was given the right to have their lawyer present during the raid. Chief investigator Mikhail Kalganov argued that the organization was given the right to have a lawyer present but didn’t take advantage of it. Memorial’s lawyer Ivan Pavlov argued that Iosif Gabuniia arrived at the office to monitor the search, but the police refused to open the door. Gabuniia testified in court that “We don’t need lawyers here” was shouted through the door. Kalganov claimed that he wasn’t aware of any of this. Nevertheless, the judge found that Kalganov’s actions, or lack thereof, prevented the lawyer from representing his client during the search.
The case isn’t over yet. Authorities have yet to return the hard disks and other archival materials seized in the raid, prompting Memorial workers to remain cautious despite their legal victory. The court ruling goes into force only after 10 days and the police still have an opportunity to file an appeal.