The Golovinsky Court of the capital has sentenced Colombian citizen Alberto Enrique Giraldo Saray. He was found guilty of spreading fake news about the Russian army. The defendant did not deny that he had participated in spam mailings to Russian phones. However, he assured: he did not know that it contained inaccurate data on the NWO. As a result, the court sentenced him even less than the prosecutor asked for: five years and two months in a penal colony. Despite the lenient sentence, the defense intends to appeal.
Before Judge Dmitry Arnaut announced the verdict, the defendant, who has lived in Russia for more than 24 years and has two children here, said the last word. He asked the court to make a fair decision.
His ex-wife and younger daughter came to support him. Since, according to the new rules, the court only pronounces the introductory and operative parts of the judicial act, it took only a few minutes to complete everything.
Newsletter from the shopping center
Earlier in the debate of the parties, the prosecutor demanded six years in prison for the defendant. At the same time, the process itself, at the request of the defense, was held behind closed doors. According to the plot of the accusation, the Colombian who had a residence permit in Russia committed criminal acts in March-April 2022. In fact, the case concerned the organization of spam mailings to Russian mobile phones with unreliable data about the actions of the Russian military during a special operation in Ukraine. In particular, according to the Russian Prosecutor General’s Office, they reported on the commission of murders by Russian military personnel of the civilian population of Ukraine, as well as on the replenishment of the regular number of troops with reservists, conscripts, foreign fighters and schoolchildren.
According to the Russian Investigative Committee, Giraldo Saray did not act alone, but as part of an organized “group with persons who directed his actions from abroad”, citizens of Latin American countries Ramirez Salazar and Briceno Mendoza. Both of them were put on the wanted list.
On their instructions, Giraldo Saray purchased telephones and SIM cards, which he hid in a shopping center in the Voikovsky district of Moscow. According to his lawyer, Violetta Volkova, who defended him, her client simply charged the phones and put money on them for a fee. He didn’t know what kind of spam was being sent from them.
At the same time, he managed to earn “quite a bit” on this. “The court recognized as criminal proceeds only 32,000 rubles out of all the money that was found at his house. Despite the fact that he had several thousand dollars and euros there, the court ruled to return the currency to my client, who had previously organized tours for Russians to Latin America and trips of foreigners to Russia, ”said the lawyer.
Eligibility for parole
Alberto Enrique Giraldo Saray was found guilty of publicly disseminating knowingly false information about the use of the Armed Forces of the Russian Federation by a group of persons by prior agreement or by an organized group (clause “b” part 2 of article 207.3 of the Criminal Code of the Russian Federation).
As the press service of the Golovinsky Court of Moscow told Business FM, in addition to a real term of five years and two months in prison in a penal colony, the defendant was prohibited from administering websites on the Internet for three years after his release.
It is worth noting that the Colombian arrested on April 11, 2022 actually received the minimum term under an article providing for five to ten years in prison.
Since a day in a pre-trial detention center is equivalent to a day and a half in a general regime colony, in fact, Saray has already served a year and a half of imprisonment and in seven months he can apply for parole (PARO) as having served half the term.
However, he will not be able to file such a petition until the verdict enters into force. His lawyer intends to appeal against him in the Moscow City Court.
Earlier, during the debate of the parties, Violetta Volkova asked to acquit her client, and if the court still finds Saray guilty, then to impose a punishment not related to imprisonment. The article imputed to the Colombian, in addition to real punishment, also, in particular, provides for a fine in the amount of 3 million to 5 million rubles.
The defender admitted that Saray’s relatives, hoping for the humanity of Themis, opened an account, where they put “sufficient amount” to pay the fine.
According to the lawyer, the guilt of her client was not actually proven: he did not have a direct intent to commit a crime, he personally did not send messages, but only serviced telephones, and there was no criminal offense in his actions. “In addition, we actually do not have judicial practice that would equate mass messages with public messages,” the lawyer said. She believes that the actions committed by Sarai are more likely to fall under the administrative code, which, however, involves holding legal entities, and not individuals, liable for spam calls and mailings.
