Translated material
"I have blood from my ears"
Judge Dmitry Novikov - The New Times
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| On June 17, 2011, members of the disciplinary judgment - three judges of the Supreme Court of the Russian Federation and three judges of the Supreme Arbitration Court of the Russian Federation restored Dmitry Novikov as a judge |
“The position of an ordinary judge can cost up to half a million dollars,” says Dmitry Novikov, judge of the Khostinsky district of Sochi. “I had blood from my ears,” he tells what was happening to him in a pre -trial detention center, where he was imprisoned for their obstinacy, at the same time accusing of fraud. How they break the judges who went against the system, - asked The New Times
How did you become a judge? I was appointed judge in 1999. Prior to this, he worked as a primary school teacher in Krasnodar. Do not believe it, but I got the place completely free. At the end of 2000, I was appointed to the Khostinsky District Court of Sochi. This is one of the largest areas of the city of Sochi, begins from the "pearl" and ends in Adler, a very picturesque area, but ... with the most minimum load on judges in our country.
In general, how much is the position of a district judge in the Krasnodar Territory now? There is no certain price list. It all depends on who goes in what way. There are enough connections. Others have to pay for the coordination (their candidacy) of the FSB, the police, the prosecutor's office. According to my information, the position of an ordinary judge can cost up to half a million dollars.
Conflict of interest where your problems began? This is a confusing story. In 2000, the head of the city of Sochi allocated 14 hectares of land for 32 farms in Krasnaya Polyana. And in 2001, another head of the city of Sochi canceled this decision. A citizen of Melikhov appealed to the court with a request to cancel this second decision. Until the circumstances of the case, I decided to impose an arrest on these lands. The arrest was not lifted until 2006, when entrepreneur Ivan Silkock appealed to the court. He asked to revise the decree of the head of the city of Sochi of 2000 on the allocation of land plots, since he became aware that among the persons who stood out the lands, there were people who were never farmers and did not even know anything about the fact that they were allocated. These people came to a court session in March 2006 and could not even answer the question: who made money on their behalf-ransom for plots-to the bank account of the Sochi administration. I learned that among these "farmers" there were relatives of the judges. By my decision, I excluded dummies from the list of land owners. But as it became known to me, they later secured the necessary decisions in other courts of the region, and already in 2009 the state bought these lands from the pseudo -farmers, moreover: after all, they are in the center of Olympic development.
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They told me: “Permit guilt, admit at least two grams of what is written, and we give you five years conditionally. Write a statement that you slandered us. You go abroad and shut up for life "
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Have you tried to achieve your decision? I wrote to different authorities that the judges were related to the criminal scheme of obtaining land plots, but no one paid attention to my statements. But I was called to the qualification collegium of judges and offered to keep quiet. And then he found out that I was suspected of participating in this corruption scheme. It outraged me. I went to the leadership of the Krasnodar Regional Court and said that I was not going to be responsible for the actions of other judges who made decisions that were contrary to mine. In 2008, I was offered to go on honorary resignation. I went to Moscow. I transferred the last statement addressed to the head of the Investigative Committee (SK) Alexander Bastrykin at a personal reception in the UK on March 26, 2010. And on April 7, 2010 I was detained in Moscow. I was accused of fraud. Allegedly, I appropriated 17 land plots on the resort prospect in Sochi, whose cadastral property is estimated at 270 million rubles.
Arrest But the arrest of a judge, the initiation against him is a difficult procedure? Yes. But they managed on one day - April 7, 2010. Then they stopped my powers, and retroactively. And criminal cases were opened - about fraud and abuse of authority. Everything was done secretly. The law prohibits the deprivation of authority to the judge retroactively, that is, the date preceding the decision. And my powers were terminated from May 11, 2006 - by the decision of April 7, 2010! For 4 years!
How did you feel in jail? For six months I have been subjected to incredible tortures - just incredible. I wrote complaints to the general prosecutor, to the qualification collegium of judges, the chairman of the Investigative Committee. I wrote 40 complaints a day. I broke an absolute record for writing complaints from the investigative insulator. For six months I have accumulated 6 volumes of accompanying letters, each volume - these are 350 sheets. In each volume there were 350 complaints, multiply by 6 - it turns out more than 1000 complaints.
What did you want from you? They said to me: "Pred the guilt, admit at least two grams of what is written."
And what should be the fault? Or that I was aware of allegedly, that I made illegal decisions, although they are legitimate and not abolished to the present. Either that I stole the money, or that I participated in some other criminal acts. They told me: to your choice. Choose any article from the Criminal Code, at least the smallest, about the smallest crime, admit, and we will let you go home tomorrow.
Who specifically told you? Operatives? No. Big people worked with me. I had the first terrible meeting with the head of the Investigative Department of the FSB of the Krasnodar Territory by Chernov Alexander Timofeevich. He tells me: “You, here, Dmitry are going to do here, we found the second Dymovsky
* * Police Major Alexei Dymovsky, who became famous for his exposure to corruption in the Ministry of Internal Affairs in 2009, spent several months in the pre-trial detention center-1 of Krasnodar. . So we and Dymovsky spent two months. And on you there is nowhere to put stigma. ” And he showed me the dying notes of judges who committed suicide during the year.
When I did not sign anything against myself, they began to close me in a metal box. This is a small car car. You remember how hot the summer was last year. I am allegedly taken to court. Close in this box - and the heat is incredible, the metal is hot - and turn off ventilation, light. I had blood from my ears, from my nose, I lost consciousness. They pulled me out and said: everyone, you don’t go to court today - after I served there for five hours. Then they started a shower with cold water, where on a concrete floor I stood for several hours, and cold water just poured on me - they called it a bath day. And when a real bath day came, the bathing procedure was two minutes. They just laughed and said: “Well, the countdown went. Now, Dmitry, so you will wash us for 20 years. ”
They undressed naked, drove along the premises of the insulator, it was up to 9 times a day. I said: "Come on, I just won’t get dressed?" They promised that they would rape me and I would hang me in the isolator, because they would create the appropriate conditions. They said that no one would understand - voluntarily you suffered there or you were raped by all the prisoners to which we will put you. They said - let's bring you to suicide.
How can you prove it all? For example, in one day I was imprisoned with an ordinary criminal. He shouted: "Take a judge from me!" And he told me right in the face that if he does not mutilate me and does not hit me, he could no longer go by the stage, since the criminal world would not accept him - it is accepted according to the concepts. Therefore, he shouted "remove the judge, otherwise I will destroy him now." On the same day, I had an interrogation, I refused to testify and wrote that they threaten me with beating, violence, I am forbidden to send natural needs, they forbid me to eat, drink the cellmates to which I was placed. All this is in the case file. But those who interrogated me just laughed.
Was there any answer to your complaints? There is a mechanism - all complaints go down to place - to the prosecutor of the region. The prosecutor of the region writes this all to the overseering prosecutor who walks along the insulator twice a week, drinks tea with them and says: “This cannot be! How can Alexander Timofeevich, such a respected person, beat you? We cannot believe it. ”
A fair court where did you judge you? The case was sent for consideration to the Khostinsky District Court, where I worked. Each judge has the right to consider his case by the Supreme Court. I stated a thousand petitions about this. But they were not satisfied. I was brought to the Khostinsky District Court, where I performed the duties of the chairman of the court many times, then I was brought into the office of Judge Klimenko, who was in the hall at that time, and in the office I was waiting for the deputy chairman of the Krasnodar Regional Court, Vladimir Kislyak. The defendant of all cases with fraud, all my statements, about which I wrote that he received multimillion -dollar bribes for court decisions, where he spoke about his joint business with Judge Bakhmetiev.
He says: Well, not tired? This is he, a sour, who made a decision to take me into custody, who answered my complaints that, they say, I was concluded legally. He says: “You refuse that your case is considered in the Supreme Court. You admit the guilt of the crime, and we give you five years conditionally. Maybe in the cassation we will reduce. You go abroad and shut up for a lifetime. Write a statement that you slandered us. ” I refused. After this conversation, I announced the removal of judges.
How did you still free you? At the trial, I stated that I will die, as a magnet, and still the truth will pop up. I declared the discharge to the judges five times. And, apparently, the team acted: they say, the case gets too much publicity. The case was referred to the Armavir City Court, and my petition was satisfied there to change the preventive measure. The judge wrote that the order in initiating the case and detention was violated. I went free. And he immediately appealed to the Constitutional Court to find out whether it is possible to suspend the authority of the judge retroactively and hold the judge liable for the decision issued by another judge. There is no answer yet. And on June 17, 2011, the disciplinary judicial presence made a decision in my favor, restoring me in office, saying that I was illegally deprived of judicial powers retroactively. Thus indirectly recognizing the failure of the accusations against me.
Cases on charges of fraud will be closed? Now there is a very big noise. The decision of the disciplinary presence of the restoration of judicial status is not subject to appeal. In relation to the judges that I accused, there are inspections. But how it all ends is difficult to predict.
Disciplinary judicial presence is a specialized judicial authority. His tasks include consideration of citizens' complaints of the early termination of judicial powers, as well as resolving those situations when the chairman of the Supreme Court or the chairman of the Supreme Arbitration Court by the relevant collegiums refused to satisfy their ideas about the termination of the powers of judges. Created in October 2009 at the initiative of the President of the Russian Federation Dmitry Medvedev.
What is Novikov accused of
Judge Dmitry Novikov is accused of especially large -scale fraud, receiving a bribe, making a deliberately non -legal decision. Novikov denies his guilt, stating that a criminal case is revenge for exposing corruption in the judicial community. According to the materials of the Judicial Department, Novikov did not consider any criminal case in 2006-2008. In 2006, he received 9 civil cases, in 2007-2008 - not a single case.