Moscow's Tverskoi District Court has refused to consider an appeal filed by the defense team for Oleg Navalny, a brother of prominent opposition activist Alexei Navalny, against the Federal Corrections Service's decision to place him in a detention facility.
"The court issued a decision declining an appeal by Oleg Navalny's defense team against the Federal Corrections Service' actions," court spokesperson Yevgenia Potapkina told Interfax on Wednesday.
The defense asked the court to qualify the Federal Corrections Service' actions as unlawful and oblige it to eliminate the violations and release Oleg Navalny from the detention facility.
Oleg Navalny's lawyer Kirill Polozov told Interfax that the defense believed that placing their client in a detention facility upon receiving a copy of the court's sentence given to him was unlawful.
"In our opinion, the holding of Oleg Navalny in custody is not based on a lawful court ruling," he said.
Moscow's Zamoskvoretsky District Court gave Alexei Navalny a suspended prison term of 3.5 years and his brother Oleg Navalny real jail time of 3.5 years on December 30. The court also ruled that, before the judgment takes effect, Alexei Navalny has to remain under house arrest and Oleg Navalny in a detention facility. The latter was taken into custody in the courtroom.
It was reported earlier that the court re-qualified the defendants' actions as those related to business activities.
While presenting its case, the prosecution had asked the court to find the Navalny brothers guilty of fraud and legalization of stolen proceeds and sentence Alexei Navalny to 10 years and Oleg Navalny to 8 years in prison.
The defense lawyers for the Navalny brothers appealed the preliminary restrictive measures imposed on their clients on December 30 and 31. After receiving a full copy of the court ruling on January 12, the defense filed a brief appeal against it.
The Navalny brothers had been charged with massive fraud and legalization of proceeds of the French cosmetic firm Yves Rocher and the Multiprofile Processing Company.
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