In society

The right to defense

March 25, 2013 Julia Latynina

Last week, the network stirred up the news that the student of Plekhanovka Alexander Lotkov received three years in prison from the defendant of the “Magnitsky List” for protecting her friends, she shot two drunken scums from a traumatic pistol. At first, everyone shouted “shame” together, and then, carefully watching the video, many began to say that everything is not so simple that in the video Lotka's friends kick the lying wounded, and Arkady Babchenko even demolished his post about Lotka with the words: “Somehow not everything is so smooth here.”

I am neither a matchmaker nor brother to both sides. I can’t stand human rights judgments like "once he is condemned by a bloody regime, it means that it is innocent." I often find myself in solidarity with the “bloody regime” for specific criminal cases, because there are no abstract truths in criminal cases, but there are concrete facts. So, carefully reading the verdict and comparing it with a video, I must say that I rarely saw the verdict more monstrous and challenging common sense.

In fights, everything is rarely clear. Remember, last fall it was a matter: Tatyana Kudryavtseva, a Muscovite, collected mushrooms in the forest, approached the station, was attacked by a Tajik-gastarbaiter, a bastard of her in a ravine, began to strangle it, she hit him with a mushroom knife. This is a rare example of a unambiguous story: Kudryavtseva did not provoke anyone and nobody. And still the prosecutor's office tried to sew her intentional murder.

Usually everything is more complicated. Both sides at least have distinguished themselves, and therefore for me the most important thing, who started the conflict. Who was his main driving force?

In this case, my verdict is unequivocal: the conflict rudely, for no reason was started by drunk Ibrahim Kurbanov (2 ppm in the blood) and his friends Ermoshkin and Belousov (3 ppm in the blood). Pictures of all three are online: tattooed, pumped up, Belousov has a degenerate face.

On May 26, 2012, Lotkova’s company-four girls and three 18-year-old guy at half past eight went into the metro at the Tsvetnoy Boulevard station. There they were divided. The girls went down, and the guys went to the toilet and walked through the turnstile a little later.

At this moment, the company of drunk guys a few years older and many of them noticed them. Drunk, apparently, were looking for what to complain about, and flimsy botanists attracted their attention to the turnstile.

The drunken people caught up Botanikov, and then one of them noticed on the belt of one of the friends of Lotkova, Belozerov, a dull knife-toad in a case, which Belozerov wanted to show off in front of the girl. Kurbanov asked: “Why do you need a knife?”, Probably not without a mat, and then tore a knife and a cover from his belt.

After that, the beating began: by the time the escalator moved down, Kurbanov cut the hitchhrower three times (another of the company Lotkovo) with a knife along the neck, right next to the carotid artery, without killing him, apparently, because he was too drunk, and the knife with a top with a sequel's form is not very convenient as a weapon; Another friend of Lotkovo from the nose flowed from the nose. All three aggressors were completely sound. (I affirm this, because even later, after a five -minute fight, there was nothing on their bodies during medical examination, except for the wounds: neither bruises, nor scratches - botanists could not fight.)

Having probably shifted through the bodies of their defeated enemies (the video clearly shows that Kurbanov and the company were the first to leave the escalator, although at the beginning of the conflict they stood behind), the drunken scum that taught the lords went to the train, assuming the conflict exhausted, and the teenagers from Lotkova ran. One to the watchman with a cry: “Call the police”, and the other to complain about the girls.

Why am I so confidently saying that it was the case? Because it follows from the testimony of Ibragimov himself.

I will not deny myself the pleasure of quoting an amazing document: the decision of the investigator Gainullina on the refusal to initiate a criminal case on the fact of applying the wounds to Khvorostov:

“He (Kurbanov - Yu.L. ) drew attention to the young people who previously unfamiliar to him, one of whom he saw a large knife in the form of a hatchet, in connection with which he asked why he had a knife in the subway ... He (Kurbanov) asked Dmitry to give him a knife to subsequently throw him away ... Dmitry gave a knife, but D.S. Hvorostov He pulled his (Kurbanova) hand with a knife and pulled it towards himself ... As a result of which the twig of the D.S. was fraught with the sharp end of the knife. He (Kurbanov) managed to pick up the knife, after which Dmitry also handed him a cover from the knife, and the conflict was exhausted. ”

“According to the conclusion of a forensic medical examination by D.S. Hvorostov Teling injuries were detected, namely, four scars located along the outer surface of the upper third of the neck on the left, crossing the corner of the lower jaw, and the lower third of the front surface of the neck on the right, the front surface of the neck in the lower third on the right and the iliac region on the left. ”

Please tell me, it is possible to believe the testimony of the drunk Kurbanov that, firstly, these villains were given a knife to him voluntarily, and secondly, they cut them themselves?

And the judge from the Magnitsky List believed.

In the verdict that I carefully studied, it is not mentioned that Ibrahim Kurbanov was drunk. It is not mentioned in the verdict that it was Lotkova’s friends, beaten, having come off the escalator, rushed to call the cops. The verdict did not explain how the drunken company, which at the beginning of the conflict behind Lotkovo's friends on the escalator, came off him before Lotkova's friends.

Moreover, the judge faced a difficult task to justify the actions of a drunken robber, because to tear a knife with a cover from the belt of another person is a robbery, Art. 161 of the Criminal Code, the open theft of someone else's property, which is performed intentionally and cannot be attributed to negligence.

The judge coped with the task. The verdict says, I quote literally, “the knife and the case of Belozerov gave him voluntarily”, “The actions of Kurbanova I.R. On the escalator, they were aimed not at the theft of the property of Belozerov R.A., but at the exception of the possible use of the top-top knife against Kurbanov. I.r. And his friends. " “Reliable evidence of causing Kurbanova I.R. Beating and knife wounds by D.S. Hvorostov The court was not provided, the actions of Kurbanov were aimed exclusively at his protection and protection of I. Belousov. ”

But this is not enough! Judge Alexei Krivoruchko in his sentence magically moves into the soul of a drunken bastard Ibrahim Kurbanov and reproduces the world with his eyes. The judge writes in the verdict:

“At the entrance to the metro, he (i.e. Kurbanov) drew attention to three previously unfamiliar guys who went through turnstiles for a very long time, in connection with which it seemed to him that these young people were waiting for them.”

It is rarely possible to see a situation where the drunken scum is so aggressive, and justice is so blind that it confirms: Kurbanov and friends chose botanists walking through the turnstiles as soon as possible than they noticed a hatchet on the belt of one of them.

Of course, you will tell me: do not figs to wear a knife in a case on a belt. The Kurbanovs fly on this like sharks on the smell of blood. Undoubtedly. But pay attention: Kurbanov took a knife with a cover. That is, he took not a knife that a person tried to defend himself. He took the knife with a cover - pulled off his belt.

And another moment: I do not think that Kurbanov and the company had the first or last fight. It seems to be a stereotype of behavior of this group of persons. Amazingly, one of the friends of Kurbanov and Belousov, who hung a post in their defense, boasts below how he hit a woman in a minibus, for the fact that this "Judaized Person", in his opinion, spoke too loudly "prazoid falset".

Here, in fact, is "the first part of the Marlezon ballet." A tightly soldered group of drunken rocks beat the younger guys, took a knife from them and went on to her own, believing, as the judge writes, “the incident is exhausted”.

But then the problem formed: four girls were waiting for three guys below. Firstly, there were seven of them, and secondly, the girls always want to look more abruptly-our botanists became dared and ran with the girls for drunken pitching with a cry: "Return the knife!"

Here the second fight begins, in which Lotkov is already involved, part of it occurs behind the columns, outside the field of view of the video camera, and part is under the camera.

This camera is of extremely poor quality, but in combination with explanations of the parties, here you can understand something. The first - in the hands of Kurbanov really a knife. (This is another knife, not an inconvenient knife-toad that a drunken company threw it onto the sleepers, and the ordinary knife that Kurbanov clearly wore with him.)

The quality of the video is such that the knife itself is not visible, but the Kurbanova Star speaks for itself. He really goes to Lotkov with a knife, and when the cop appears in a characteristic gesture, hides him in his pocket. Apparently, at the same time, already with a different knife and not in the neck, but in the iliac region, he injures Hvorostov.

Second. The coming policeman does not interfere in a fight. They rush to him from Lotkova, shout about the knife, pointing to Kurbanov, but the cop does not react at all.

Third. At least once Lotkov shoots a bunch of fighting at a time when the immediate danger does not threaten her. But, excuse me, do you imagine the situation? You are standing, waiting for your guys, suddenly they fall bloody, they are blown away, a knife, a cop claps with their eyes ... Even now, analyzing the video, it is difficult to understand who beats whom and to whom the danger threatens. How could the girl determine this in the thick of the fight?

Fourth. After Belousov fell with a bullet in a lung, brushwood (which was cut four times), really runs up to him and beats a bed bed. This moment caused a particularly stormy discussion on the Internet. Here, they say, what villains - they beat the lying. But Lotkov did not beat anyone.

And finally, the fifth. After this fight, the wounded, respectively, remained, and Lotkova and her friends ran away. Not that they completely ran away: they twisted around for a while, there was a bewildered cop, and then they left.

The next day, having learned that Belousov was seriously wounded, Lotkova came to him in the Scrap, they put up and agree not to present anything to anyone, Lotkov does not write statements, no matter does not take off his wounds, and the scum that attacked them, and the whole state machine sides the side of the drunken rocks who decided to teach young animals.

What confuses me in the verdict?

I am embarrassed that the judge literally reproduced the lie of Ibrahim Kurbanov, up to the anecdotal story that this company did not like Kurbanov how it passed through the turnstile.

I am embarrassed that the judge Krivoruchko about the robbery committed by the drunk Kurbanov writes in the verdict that it was selfless service to society.

It confuses me that the judge, without blinking an eye, reproduces in the verdict of the version of Kurbanov and Belousov that they stood and did not touch anyone, and then Lotkov suddenly came running and began to shoot at them.

Yes, everything is ambiguous. I would understand if the court, analyzing this fight, would give Kurbanov two years in a colony for the hitchhiker cut by him and, say, a year conditionally log for shooting. But when a student of Plekhanovka give three years in prison for protecting her friends, she shot two drunken scum from the injury, and they give a deadline conditionally - I do not understand this.

I am also very confused by the fact that, according to the court decision, Alexander Lotkov should pay 505 thousand rubles to Belousov and 250 thousand Kurbanov. Unfortunately, we have such a practice, it is well known - give the judge a bribe, and then he awards material compensation.

There are, in my opinion, three explanations for this sentence.

I already called the first - a bribe. I do not particularly believe in it. The second - the judge Krivoruchko took into account the fact that Lotkova is a volunteer. And she was given the deadline for the fact that she is Antif.

But the most likely option is the third. Lotkov received the term because the two youth companies after the fight agreed that they were withdrawing claims, after which the side of the tray application did not submit, and the drunken pitching, who started to teach young animals for passing through the turnstile for too long, submitted.

I don’t know how the fate of Lotkovo will turn out. But in the fate of Kurbanov, I am almost sure: the bully who was convinced that the state on his side will get into several more stories and will end poorly.

Photo by ITAR-TASS/ Alexander Ryumin