CAMP MAN

POWER AND PEOPLE

There are five souls in the Karatlyashov family: the grandfather is a disabled person of the 2nd group after a heart attack, the grandmother is a housewife, the daughter-in-law is a part-time teacher in a kindergarten, and two girls - two and four years old. The total family income of 2700 rubles consists of ...

There are five souls in the Karatlyashov family: the grandfather is a disabled person of the 2nd group after a heart attack, the grandmother is a housewife, the daughter-in-law is a part-time teacher in a kindergarten, and two girls - two and four years old. The family's total income of 2,700 rubles consists of 800 rubles (grandfather's pension) plus 700 rubles (daughter-in-law's salary) plus 1,200 rubles (orphan's allowance for two children). Orphans to income "grown" quite recently. After September 3rd.

The Karatlyashevs live not in Beslan, but in the small Kabardino-Balkarian village of Shalushka. But on September 3, the family had its own tragedy: Anzor, the only son, husband and father, the 26-year-old breadwinner of the family, who left to work in Sochi, was shot dead by a drunken policeman.

Getting a job as a guest worker in one of the prosperous cities of Russia is the only way for most men in Kabardino-Balkaria to feed their families. In the republic, low salaries - an average of 1,700 rubles.

Anzor Karatlyashev did not want to leave, but work at home was sporadically. When my friends called me to a construction site in Sochi, I agreed. In less than a month, he earned 14,000 rubles. This is a lot of money for the Karatlyashov family. They were spent on Anzor's funeral.

What happened on the night of September 2 to 3 on Sochi's Mamaika beach? The versions of the parties to the conflict are radically opposite. The Sochi prosecutor's office did not find any corpus delicti in the actions of the killer: “Deputy head of the CID of the Internal Affairs Directorate of the Central District of Sochi, police lieutenant colonel Ustyan A.E. acted in full accordance with the federal law“ On the police. And she refused to initiate a criminal case.

So, this very "refusal" material, compiled by the senior investigator of the Sochi prosecutor's office, first-class lawyer V. A. Peredero, can be added as a practical illustration to the textbook of operational falsifications for novice investigators.

But first, about what converges in the case. On the night of September 2-3, there was a party at the Anchor Cafe on Mamaika Beach (near the Riviera). An employee of the prosecutor's office in Sochi celebrated his birthday. Eighteen prosecutors and police officers sat at the table from seven in the evening until midnight. Dressed in civilian clothes. But all the visitors and employees of the cafe knew that it was the prosecutor's office and the department of internal affairs of the Central District of the city walking around: the toasts sounded loud, and “for friends” the musicians were ordered songs with the exact indication of positions and departments.

There were a lot of people in the cafe, closer to midnight a group of six young people came. There were no seats, and a wooden table was set up for them right in front of the prosecutor's office. The husband of the owner of the cafe, Guram Pruidze, “identified” the new clients as persons of Caucasian nationality and showed vigilance - he called the mobile policeman Sergei Kovalenko, the duty officer on the Mamayka beach (from the case file). The policeman came, sat down with the Caucasians and found out that the suspicious persons were in fact the builders of tunnel detachment No. 44 and everything was in order with their documents and registration. Actually, this is where the coincidences in the presentation of facts end.

Then such a mess begins that the best way to figure it out is to quote what is recorded by the investigator and what eyewitnesses tell. One of the casual witnesses, a lover of the velvet season, Muscovite Sergei, is not interested in biased testimony, so let's take his story for comparison.

From the case file: “A group of 18 people celebrated someone's birthday. This group behaved normally. There were no egregious facts of bad behavior on their part. Among them was a member of the Central Department of Internal Affairs Ustyan. I have not seen (a) him drinking alcohol. From time to time, Ustyan went out somewhere and returned again. These phrases are recorded exactly in this form and in this sequence in the testimony of each witness.

From the story of eyewitness Sergei: “For four hours in a row, the prosecutor's office of the Central District congratulated the Central Police Department, and the Internal Affairs Directorate congratulated the prosecutor's office. They behaved disgustingly. They climbed onto the stage, pulled out the microphone from the musicians. They sang "Murka" and something like that, that they could still sing in such a state! They fell on the stage. One was a bully: he went out into the street and demanded that everyone show documents, even those who were walking from the sea in swimming trunks. When he was objected, the rest of the company came to the rescue. Those who are smarter settled down. It was clear that this would not end well.”

It really didn't end well. Sergei did not see how another “document check” began. But he saw what happened at the time of the murder. Whether the victim was sober or drunk is a matter of principle, as is his Caucasian affiliation. At least for the "killing side". Hence the "fitting" of evidence.

From the materials of the case. Testimony of the waitress: “Late in the evening, several guys of non-Russian nationality came to the cafe. They sat at a wooden table, ordered only a glass of beer and sweet water. This company behaved calmly. I didn’t create any conflict situations in the cafe.”

From the materials of the case. Testimony of Assistant Prosecutor I. A. Fominov: “... drew attention to a group of young people of Caucasian nationality who were sitting at a nearby table. At the table they had a decanter of vodka and glass bottles of beer.”

Is there a legal difference between a drunken policeman shooting a drunken worker and a drunken policeman shooting a sober worker? Maybe yes. And in a human way? It seems to me that no, the main thing is why.

Friends of Anzor Karatlyashev, those who were with him at the table, claim that Anzor went to the toilet with Vadim Zhaboev being completely sober. I didn't even have time to sip my beer. The toilet is located on the street, 15-20 meters from the Anchor.

From the materials of the case. Testimony of Zhaboev V.Sh.: “We sat in a cafe and drank alcohol. Then I went to the toilet, when I left it, I saw that Karatlyashev was hitting a guy in a light-colored shirt on the playground, and I ran in their direction to separate them. Several more guys and a police officer in uniform immediately appeared. Someone threw me face down on the ground and twisted my arms. I did not resist what happened next, I did not see. Heard two shots. When they let him go, I saw that Karatlyashev was lying on the sidewalk and there was a stain on his back that looked like blood. Later, I learned that Karatlyashev had attacked a young man and a police officer who had used a weapon for defense purposes.” The testimony of all Anzor's friends ends with the last phrase.

From the story of an eyewitness, Sergei: “I heard some kind of excitement, turned around and saw: that bully, who had been demanding documents from everyone all evening, took out a pistol and fired into the air. At that moment there was no threat to his life, he did not catch up with the criminal, no one went to him with a knife. After the shot was fired upwards, the people standing nearby did not even understand what had happened. And then the one who shot jumped over the fence into the playground and started kicking the man while holding the gun. I was afraid that he was about to shoot himself through something: drunk, swinging, not thinking anything. When the second shot came, this bully did not even realize that he had killed. He stepped on the wounded neck. And he stood like that until they shouted to him to remove his leg. Anyone could be killed, any random passer-by. It's just that it's the least fortunate."

How did it happen that Anzor Karatlyashev's friends, who were with him at the time of the murder, unanimously testified against him? Unless, of course, you believe the protocols of interrogations.

In Shalushka, two of those who worked in Sochi with Anzor came to meet me at the Karatlyashevs' house. Anzor Gabuev and Vadim Zhaboev claim that they did not give evidence, which is recorded in the “refusal” decision: “Immediately after it became clear that Anzor had been killed, we were taken to the police station and kept there until two o’clock the next day. Interrogated before being released. I didn't say what they wrote there. And when I signed, I didn’t even see what: Anzor’s face stood before my eyes, he died with such a surprised smile! And in my head one thought - how will I appear before his wife and parents? We grew up together…”.

Vadim Zhaboev says that they were released from the Department of Internal Affairs of the Central District of Sochi on the orders of Ustyan: “It was as if he did not know that we were being kept in his department. He came, pretended to be surprised, patronizingly promised that he would figure it out. And figured it out. We were released, and a truck with Anzor's body was already waiting at the morgue. Ustyan helped to avoid a forensic medical examination. I found a car and paid for transportation to Kabardino-Balkaria. It was in his interest to cover his tracks as soon as possible.”

The news that there would be no criminal case caused shock in the Karatlyashov family.

The young widow of Anzor and his father decided not to give up. They hired a lawyer: Zaur Zhilokov defends the interests of the family "for thanks." The case has already grown into a thick folder. First, a protest to the prosecutor's office of the Krasnodar Territory. Successful. The regional prosecutor Eremin S.N., who canceled the “refusal” decision of the Sochi prosecutor’s office in the Karatlyashev-Ustyan case, found violations of the law on six points in the investigation file. And on October 13, he decided to initiate a criminal case against the deputy head of the Internal Affairs Directorate of the Central District of Sochi Ustyan A.E.

Over the past two months, the Karatlyashevs themselves, their lawyer, and Anzor's friends have firmly understood one thing: no one is going to punish a policeman for murder. “Ustyan was not even removed from his official duties for the duration of the investigation. Due to police persecution, Gabuev and Zhaboev had to quit their jobs and leave Sochi. Now they have to stay at home. Sochi newspaper journalist Larisa Koroleva, who wrote about the murder of Karatlyashev, is being threatened. There is a desire to hush up the case, to prevent a trial, ”says the lawyer of the Karatlyashevs, Zaur Zhilokov.

G. Smolyany, the investigator of the Prosecutor's Office of the Krasnodar Territory, who is in charge of Ustyan's case, at the beginning of the investigation summoned Karatlyashev's widow for questioning. Instead of a daughter-in-law, Anzor's father and both of his friends went to Krasnodar.

“Investigator Smolyany told me directly: no one is going to hold Ustyan accountable. He is a lieutenant colonel of militia, a respected person in Sochi, and he used service weapons reasonably. If the investigator is initially sure that the accused is right, it is clear in which direction he will lead the case,” says Vadim Zhaboev.

As a result, the Karatlyashevs wrote a statement addressed to the prosecutor of the Krasnodar Territory with a request to challenge investigator G. A. Smolyany. But they have not yet received a response.