To the Court of the Chukotka Autonomous Region
4 Mir street, Anadyr
Appeal applicant: John William Martin III
December 19, 2018
against the ruling of December 18, 2018
On December 18, 2018, the Anadyr city court (judge Kutskiy K.G.) issued the ruling regarding the case on the administrative offense. According to the ruling, I (John William Martin III), born on January 6, 1972, the US citizen, is found guilty for committing the administrative offense under part 1.1 of article 18.8 of the Code of the Russian Federation on Administrative Offenses (CRFAO).
I do not agree with the issued ruling for the following reasons:
Under part 1 of article 2.1 of the CRFAO; an administrative offense is an unlawful, guilty action (inaction) of a natural or legal person for which administrative liability is established. Under parts 1 and 4 of article 1.5 of the CRFAO; a person shall be subject to administrative discipline only for those administrative offenses in respect of which his or her fault has been established. Unremovable doubts concerning individual guilt, accused in such cases, shall be interpreted in the defendant’s favor.
According to the RULING of December 5, 2018, by Deputy Chairman of the court of the Chukotka Autonomous Region Kalinina N.L., the case was returned for reconsideration to the Anadyr City Court. In this ruling it was ordered that it must be determined “whether there have been circumstances, objectively preventing John William Martin III from following the provisions of the legislation of the Russian Federation concerning his stay in the territory of the Russian Federation.” Clearly, this must be determined to establish fault, since the above mentioned articles of the CRFAO clearly state that to be found guilty of an administrative offense, there must be an unlawful action or inaction and fault must be established. Furthermore, any doubt must be interpreted in the defendant’s favor.
On December 7, 2018, at trial, Juliya Alexeevna (official from the Migration department), testified that it is impossible to legalize my stay here, so I must depart. On December 18, 2018, at trial, Ponomareva Svetlana Alekseevna (Chief of the Migration department), testified that there are no documents that exist that could have allowed me to legalize my stay in the territory of the Russian Federation and the only documents available are to exit and must be obtained from the US Consulate.
According to correspondence from the US Consulate office that are attached to the case file: On August 9th, the US Consulate expressed a willingness to assist by providing necessary documents. On August 30th, the US Consulate requested my transfer to Vladivostok or Moscow so they could issue a Passport. On September 27, the US Consulate stated that the passport can only be issued when I reach the US consulate office.
Clearly there are facts established that are objectively preventing me from following the provisions of the legislation of the Russian Federation concerning my stay in the territory of the Russian Federation. However, although I have raised these facts at trial, they have not been addressed by the court. The fact is, it is impossible to legalize my stay here, there are no documents that I can apply for to legalize my stay since I do not have a passport. Furthermore, the only passport that I can obtain is a limited document only permitting my one way travel to return to the USA, and is only available in Vladivostok or Moscow. Furthermore, I have no legal means to travel within the Russian Federation in which to reach Vladivostok or Moscow.
I have no legal way to stay, and no legal way to leave. I have been in complete cooperation with Russian Authorities since my arrival here. This matter must be settled according to law, and therefore I should not be found guilt of an administrative offense.
Please reverse the decision from December 18, 2018 and send the case back for reconsideration. If I am permitted to leave, then allow me to leave, but do not allow me to be found guilty of an offense for which I am not liable.
John William Martin III
Citizen of the U.S.A.