The Court of Cassation recognized the hospitalization of Shaman Gabyshev as legal, although the police report contains false information about him

The Ninth Court of Cassation of General Jurisdiction refused to satisfy the complaint of the Yakut shaman Alexander Gabyshev on the recognition of illegal hospitalization in the Yakut mental hospital in February 2021. About this “MBH Media” reported Aleksey Pryanishnikov, a lawyer for Human Rights Protection of the Postcard. The court’s decision was not influenced by the fact that in the minutes of the Ministry of Internal Affairs Gabyshev was credited with words that he did not utter. This was explained by a translation error from the Yakut language.

According to Aleksey Pryanishnikov, the defense will continue to appeal against the hospitalization of the shaman and will soon file a complaint with the Supreme Court, and then with the European Court of Human Rights (ECHR).

In May, the Yakutsk City Court rejected a similar claim. He did not take into account the fact that the examination of Gabyshev, on the basis of which the impugned conclusion was prepared, was carried out via a video call via the WhatsApp messenger, without identifying Gabyshev’s identity and without recording the examination procedure. In addition, the order of the Ministry of Internal Affairs on the delivery of Gabyshev to the mental hospital contained a link to the decision of the Yakutsk City Court, which at the time of the issuance of the order was not there.

At the meeting on Thursday, it also became clear that the case materials contain false information characterizing Gabyshev. According to an interpreter who spoke in court, on the recording of the arrest, one can hear Gabyshev asking the security officials: “disperse peacefully.” But in the video inspection protocol this phrase is translated as “I will resist”. In addition, the recording contains a conversation between Gabyshev and a psychiatrist, to whom the shaman says “it is useless to drink medicine.” This phrase was translated in the minutes of the Ministry of Internal Affairs as “I will resist”, informs “Siberia. Realities”.

“That is, the false translation made Gabyshev aggressive during his arrest. Which actually did not happen, ”stressed Alexey Pryanishnikov.

In July, Gabyshev became ill during the trial. An ambulance had to be called to the court. Earlier, the shaman’s sister told about a sharp deterioration in his health. Alexander complained of constant weakness, dizziness and drowsiness, and also reported an increase in the number of unknown drugs that he was forced to take. The shaman’s relatives wrote complaints to the prosecutor’s office and the Ministry of Health of the region, noting the deterioration of his health, but received formal answers.

In January, Alexander Gabyshev did not show up for another appointment, and the attending physician allegedly could not get through to him. As a result, the police officers, together with the doctors, came to Gabyshev and forcibly took him to a mental hospital. The operation involved 50 police officers. A few days earlier, Gabyshev announced a new campaign against Moscow, which was to begin in March 2021.

In February, the Yakutsk City Court satisfied the claim of the neuropsychiatric dispensary for the involuntary hospitalization of Gabyshev. In support of its claims, the institution indicated that the shaman “again began to make loud statements in the media.”

In March, according to the results of a psychological and psychiatric examination carried out in a Yakut dispensary, the shaman was declared insane. In May, the commander of the Rosgvardia platoon said at a court hearing on the case of compulsory treatment of Gabyshev that during the storming of the house and the arrest of the shaman, the security forces considered the possibility of killing him, but decided not to do this, since Gabyshev was “gifted and social.”

The Yakut shaman became known throughout Russia after in the spring of 2019, together with like-minded people, he organized a “trip to Moscow” to conduct a “rite of exile for Putin.” He was detained a few months later on the border of Buryatia and the Irkutsk region. From the police, Gabyshev was sent to a neuropsychiatric dispensary, and a criminal case was opened against him for incitement to extremism.