MOSCOW, November 28 - RAPSI, Diana Gutsul. The Moscow Zamoskvoretsky District Court has refused to return to the prosecutor the criminal case against Mikhail Kosenko, who has been accused of taking part in the Moscow Bolotnaya Square riots, the court spokesperson told RAPSI on Wednesday.
The court has dismissed the motion submitted by one of Kosenko's five lawyers.
"Most of the investigators' evidence is groundless and the law was violated during its submission," his lawyer said. "I would also like to change the punitive measure against Kosenko to bail, house arrest, or release on his on recognizance."
Kosenko said the investigators made erroneous conclusions and he has been put into custody illegally.
The court also dismissed the motion to change the previously appointed punitive measure.
The investigators maintain that Kosenko took part in the authorized rally on Bolotnaya Square on May 6 in Moscow, as well as in subsequent public riots when violence, arson, and public property destruction ensued.
"Kosenko grossly violated law and order, used force against police officers, and caused light injuries to one officer," the Prosecutor General's Office reported. "After his psychiatric examination, Kosenko was declared unable to understand the danger that his actions posed on others at the time of his offense."
An officially sanctioned opposition march across Moscow led to clashes with the police on May 6. Dozens of protesters and police officers were injured. The police detained over 400 rally participants.
After May 6, the opposition continued its protests in the form of "people's promenades," wherein crowds of opposition activists walked peacefully together through the city in a show of opposition. In total, 18 individuals have been arrested in the case.