Application of the Criminal Procedure Code depends on the type of accused

The Sverdlovsk Regional Court proceeded to interrogate the accused in the case of preparing the so-called armed coup in Yekaterinburg .

On December 12, defendants Viktor Kralin and Alexander Ladeyshchikov gave evidence. And today the main accused was interrogated - retired Airborne Forces Colonel, veteran of the war in Afghanistan, Leonid Khabarov .

Since September 24, during the trial of the “Ekaterinburg rebels”, accused of preparing an armed rebellion against the constitutional order in Yekaterinburg, witnesses have given their testimony . Most of them were presented by the prosecution. None of them presented to the court any evidence of the defendants’ involvement in the acts they were accused of. And the fact of the acts themselves, or rather, their plans, has so far remained only on the paper of the indictment - as a version of the investigation. Even the key prosecution witness, Oleg Gorbachev, did not add weight to this document. From Gorbachev’s testimony, heard earlier at the trial, it turns out that he himself is the most active participant in the events interpreted by the investigation as preparation for an armed rebellion. He wrote the “Dawn” plan under the dictation of the schizophrenic “leader of the conspirators” A. Ermakov, he also offered to buy weapons for everyone, promising his assistance in this, and for some reason his conversations with the persons involved in the case were recorded on audio media. And this main activist of the underground revolutionaries (along with Ermakov, who immediately after his arrest was recognized as suffering from schizophrenia and released from responsibility) for some reason was not included in the list of defendants, but was initially involved in the case only as a witness.

The key question of the state prosecutor to all the witnesses, as well as to the defendants Katnikov and Kralin: has anyone heard from Khabarov calls for a violent overthrow of the government and speeches of an extremist nature? To this day, not a single person questioned in court has answered this question in the affirmative. The indictment is replete with references to “unspecified circumstances” - they appear in the text of this document 128 times.

“There are a lot of questions about the fantasy outlined by the investigator on paper, on the basis of which people are now being judged,” writes the son of a retired colonel, Dmitry Khabarov, in his blog . “Everyone notes that they spoke the same thoughts, but the investigator formulated them on paper in a completely different way, which was confirmed in court by both witnesses and defendants.”

Meanwhile, Leonid Khabarov, a war-wounded veteran and disabled person of the second group, is in dire need of medical care. Leonid Vasilyevich, being in a pre-trial detention center for the second year, suffered from pneumonia twice - once in a severe form, he constantly suffers from heart failure and the consequences of a spinal injury. After being seriously wounded in Afghanistan, his right arm has almost no function.

Recently, Khabarov’s relatives and lawyers managed to get him placed in a prison hospital, where the veteran underwent examination and treatment, so to speak, in a secure medical institution that does not have half the traditional means of diagnosis and therapy used in ordinary hospitals. Numerous defense requests to release Khabarov on bail or place him in a regional hospital are categorically rejected by the court. An honored man who gave his health to his homeland on the battlefields, who went down in the history of the military valor of our armed forces back in the Soviet years, in the difficult conditions of the detention center loses the remnants of his health, suffering from ailments without the necessary medical care. This despite the fact that his guilt remained unconfirmed during the months of the trial. As we have repeatedly informed readers, the only material evidence in this criminal case is a collection of knives, a collection of rare single-piece cartridges for small arms from around the world and an army first aid kit with several ampoules of long-term and hopelessly expired (and decomposed) promedol, registered in the case materials as drugs on a particularly large scale. Meanwhile, those involved in high-profile criminal cases involving theft from the budget of the Ministry of Defense, whose guilt no one doubts, confirmed by the results of searches, seizure of documents, testimony of witnesses and accomplices, are struggling to resolve the issue of how to ease house arrest - with a housekeeper or not without her...

The purge of swindlers and corrupt officials in power, which began “for the sake of health,” ultimately only once again demonstrated how differently the law is applied to different segments of the population, how pronounced this stratification is, which our ruling elites do not want to admit.

V. Baranets, KP : “The situation with the accused Vasilyeva is turning into an evil parody every day. And her “house arrest” is becoming a sham. A woman who is accused of fraud on an especially large scale (which carries up to 10 years in prison) is being tracked on a cozy home sofa, and her accomplices, with much less sedition, have been lying on prison bunks for the second month.”

Let those guilty of “lesser sedition” answer in accordance with their merits. But why does the court, which continually softens the conditions of detention for those guilty, categorically deny this to those whose innocence becomes more and more obvious with each court session?

Today in the Sverdlovsk Regional Court, once again, all requests from the defense of Khabarov and Kralin were rejected, while the state prosecutor’s request to extend his period of detention was granted. The arrest period was extended until March 27, 2013.

Comment from lawyer Sergei Kukharenko: