Translated material
Police: media digest (June 6 - July 10)
changes
On a bill that would allow police to harm citizens while on duty
“The initiators of the amendments to the law “On the Police” were the chairman and deputy chairman of the State Duma Committee on Security and Anti-Corruption Irina Yarovaya and Alexander Khinshtein. As the authors of the bill explained, studying the law that came into force on January 1, 2012 in the wake of the reform of the Ministry of Internal Affairs, they came to the conclusion that it contains inaccuracies that “prevent internal affairs bodies from effectively fulfilling their duties to protect citizens and society from criminal attacks.” In total, deputies propose to introduce more than 60 amendments to the law “On the Police”, relating to both the social security of police officers and significantly expanding their powers and responsibilities. Among the significant innovations, the authors of the bill note a new system for dismissing unscrupulous employees. “Previously, if there was operational information about the corruption of the head of a department, it was impossible to dismiss him - he was reinstated by the court. Often the information is not enough to initiate a case, but the internal security service knows for sure that the head is unscrupulous,” Mr. Khinshtein explained to Kommersant. The bill proposes to establish special commissions in the Ministry of Internal Affairs system, consisting of heads of personnel departments, as well as internal security services. “At their meetings, they will study negative operational information about this or that leader, vote for his dismissal, and then submit the decision for approval to the minister, whose decision will not be appealable,” the deputy explained. Deputies also propose to eliminate the legal gap created in connection with the abolition of sobering stations. Let us remember that they were withdrawn from the system of the Ministry of Internal Affairs and abolished in 2011, and the responsibility to receive persons in a state of intoxication was assigned to regional medical institutions. However, in March of this year, Interior Minister Vladimir Kolokoltsev said that this experiment had actually worsened the situation: “In recent years, there has been a steady upward trend in crimes committed while intoxicated. Last year alone, their number increased by more than 8%.” In this regard, Mr. Kolokoltsev proposed to the government to revive sobering stations in cities with a population of more than 100 thousand people. The bill, in turn, invites police officers to use not only the services of medical institutions, but also social organizations that supervise the homeless, drug addicts and alcoholics. As deputy Alexander Khinshtein explained to Kommersant, we are talking about state rehabilitation centers that are run by municipalities. It is proposed to legally oblige employees of the Ministry of Internal Affairs to explain to a person detained on suspicion of an administrative or criminal offense his rights and the reason for detention, as, for example, American police officers do. Several amendments are being made to the articles relating to the powers of police officers. In particular, parliamentarians propose to supplement Art. 30, regarding guarantees of legal protection for police officers, in two paragraphs. According to them, a police officer, using weapons, special equipment or physical force against a person who has committed a crime, is not responsible for the injuries he receives. In the same way, it is proposed to exempt employees of the Ministry of Internal Affairs from liability for damage caused to the property of third-party citizens and organizations during the performance of their official duties.”
Police propose fines for giving alms
“Soon the Russian capital may begin to fine those who give alms. In particular, this was not ruled out by the deputy head of the legal department of the Moscow Main Directorate of the Ministry of Internal Affairs of the Russian Federation, Vladimir Shultsev, who spoke live on the radio station “Moscow Speaks”. “Our project will now be finalized. The Chairman of the Moscow City Duma Legislation Commission, in general, gave the go-ahead to jointly bring all problematic issues, including this one, to a common denominator,” he said. Earlier it was reported that the Main Directorate of the Ministry of Internal Affairs proposed to the capital’s parliament to make begging a separate administrative offense and increase fines for it to 2.5 – 5 thousand rubles. According to the initiators of this project, now police officers actually do not have the opportunity to attract people involved in passive begging. “In fact, they do not pester people, but stand silently in the passages, interfering with the passage of citizens in the metro during rush hours. Or they also walk around the carriages during rush hours and beg for donations with their appearance,” Shultsev noted.”
system
UN envoy calls on states to reconsider rules governing police use of “deadly force”
“The Special Rapporteur on extrajudicial killings, Christoph Heyns, called on States to bring their domestic laws on the use of lethal force by police into line with international standards. He said that in some countries the issue was governed by regulations adopted more than a hundred years ago - in an era when the concept of human rights did not yet exist. “I have studied the laws of 146 states, and many of them do not meet international standards,” the expert told delegates at the 26th session of the UN Human Rights Council on Friday. The Special Rapporteur on extrajudicial, summary or arbitrary executions noted that a modern State cannot function without the police and, in some cases, without the use of force by law enforcement officials. But the use of force must be a last resort - in response to an imminent or immediate threat to life. The Special Rapporteur's report notes that today every 25th violent death in the world is associated with police actions, and not always legal ones. Often, police officers at whose hands people have died remain unpunished.”
How members of the public monitored the work of traffic police at the exit from Kirov
“Today, as part of the MHG and FAR campaign to control the police, we monitored the work of a traffic police post in Kirov at 15 km of the Vyatka highway (at the exit from Kirov towards Syktyvkar). Personally, I am shocked by some of the employees. For example, one traffic police major argued that if I had refused to be his witness, he would have brought me in for failure to comply with the legal requirements of a police officer (19.3 Code of Administrative Offenses of the Russian Federation)... He also argued that you should ask the persons brought to administrative responsibility , after Article 25.1 of the Code of Administrative Offenses of the Russian Federation was read to them, do they understand the rights, as judges do, this is unnecessary and should not be done that way... In his opinion, most people still don’t understand anything about their rights and want to leave quickly from their post, they are not interested in anything else. I admit that this is true, but damn it, that doesn’t mean that they don’t need to be explained their rights and responsibilities. According to him, the work of the traffic police is much better organized and works better than the courts, so he is not interested in what is there in the courts... In addition, he argued, citing professional experience, that only young teenagers in cheap cars get their license, but serious people driving expensive cars behave with restraint and don’t show their license...”
practice
Former employees of the Kazan police department "Dalniy", found guilty of torture that caused death, were sentenced to various terms
"Open Information Agency", June 16 :
“...judge of the Privolzhsky District Court of Kazan Alexander Shchelyvanov announced the verdict to 8 former operatives of the Dalniy police department. This was reported by the head of the Kazan Human Rights Center Igor Sholokhov, who represents the interests of four victims. The former deputy head of the criminal investigation department of the Dalniy OP Almaz Vasilov was sentenced to 15 years in a maximum security colony, the ex-deputy head of the police department Fail Sabirzyanov was sentenced to 12 years in a maximum security colony, and former operatives Ramil Akhmetzyanov and Ilnar Ibatullin were sentenced to 10 years in a maximum security colony. The ex-head of the criminal investigation department of the OP Ainur Rakhmatullin was sentenced to 8 years in a general regime colony, ex-investigative officers Amir Sharafullin and Denis Vasiliev - to 6 and 4 years in a general regime colony, and former operative Alexander Fadeev - to two years in a penal colony. In addition, the court granted requests, including from human rights activists, to issue private rulings to the Ministry of Internal Affairs, the Investigative Department of the Investigative Committee, the prosecutor's office and the Office of the Federal Bailiff Service of Tatarstan in connection with the reasons and conditions that contributed to the commission of crimes in the Dalniy OP. The criminal case against the police officers (depending on the role of each) was investigated under the articles “Intentional infliction of grievous bodily harm, resulting through negligence in the death of the victim” (Part 4 of Article 111 of the Criminal Code of the Russian Federation), “Exceeding official powers with the use of violence and special means ( p “a” and “b” part 3 of article 286 of the Criminal Code of the Russian Federation), “Exceeding official powers” (part 1 of article 286 of the Criminal Code of the Russian Federation) and “Forgery of official duties” (art. 292 of the Criminal Code of the Russian Federation). 14 people were recognized as victims in the criminal case.”
About violence in the St. Petersburg police
“A well-known philologist in St. Petersburg <...> Suren Takhtadzhyan, whose wife was the guardian of Anton Sevostyanov, reported that the 21-year-old young man was brutally beaten in the 16th police department of St. Petersburg, where he was taken on suspicion of stealing a handbag. “Anton is an orphan from an orphanage whom my wife took into custody. On June 1, he was beaten almost to death in the 16th police department. After this incident, a certain woman said that he stole her purse. Anton’s beating took place in front of my wife. She tried to intervene, but the police threw her down the stairs,” Takhdajyan said. He said that his wife was in the emergency room, where the injuries were recorded, but she was not given a certificate. “We need a request from investigators or a lawyer,” Takhtadzhyan emphasized. According to him, Anton himself was a troubled teenager who caused trouble for the police, but did not commit any crimes. “They beat Anton in the stomach with boots. At 3 am, he apparently began to die, because an ambulance was called to the department. Anton was taken to the intensive care unit of the Elizabeth Hospital. Today he was supposed to be taken again to the 16th department. But we We just found out that he will most likely be taken to the Vasileostrovsky District Court. We are going there,” he said. Meanwhile, the Main Directorate of the Ministry of Internal Affairs for St. Petersburg and the Leningrad Region told a Rosbalt correspondent that Anton Sevastyanov was detained on suspicion of robbing a woman. He was detained in accordance with Art. 91 of the Criminal Code of the Russian Federation. “The Investigative Committee conducted an inspection and did not find any violations in the actions of the police,” noted the head of the department’s press service, Vyacheslav Stepchenko, adding that Sevastyanov was indeed hospitalized. Let us remind you that a similar story happened in January last year. Then 15-year-old Nikita Leontyev, suspected of stealing a handbag, was detained. During the interrogation, he was beaten by the local police officer with a mop handle. The boy died as a result of his injuries. District Commissioner Denis Ivanov confessed and was convicted in September. Former police officer Oleg Prokhorenkov, who took part in the beating and was responsible for his death, was sentenced to nine years in prison. Another person involved in the case died during the investigation.”
On the interaction of the St. Petersburg police with the public
“I was studying the history of Anton Sevostyanov. This young man was detained on suspicion of stealing a handbag, and at night, according to relatives, after staying in the 16th police department on Vasilyevsky Island, he was hospitalized. He was operated on in the hospital, and 10 days later he was taken straight from there to court. Elena Molchanova and Suren Takhtadzhyan decided to defend the guy’s rights. Anton lived in their family from the age of 15, when Elena took guardianship over him. The trial on June 10 never took place. The guy was taken again to the 16th department. After talking with my relatives, I also went to the department. I was already approaching the building, when suddenly two people in civilian clothes approached me.
— Young man, help the police. It will only take five minutes of your time.
- Guys, I’m just going to the 16th. I know your five minutes.
- Why go to the department?
- Regarding the case of Anton Sevostyanov, he should be here.
- Well, just a few minutes. And you’ll have time to see your Anton.
- Okay, let's make it quick. What is it - a drug addict again?
- No, murderer... Just kidding.
They took me and another “hammed” man into a closet. At the table are an investigator and a lawyer, opposite is a young man with bruises on his face. The police are doing paperwork. They say something, and then it becomes clear to me that the guy is exactly that same Anton Sevostyanov. I’m leaning against the wall, and the play button on the recorder that’s in my backpack pocket—note that I didn’t record anything—suddenly goes off. The crowd freezes and looks at me warily. I reach into my backpack, find the recorder and try to turn it off.
- Young man, who are you anyway? - the policeman is curious.
— Press representative.
I immediately lost my passport, press card and voice recorder. He suggested that the police find the “bad” recording from the voice recorder and delete it. But they did something simpler - they deleted everything that was there. And they made copies of my passport and press card. The presence of a media representative at the station outraged policeman Uvarov. He decided to conduct more than just a preventive conversation. The law enforcement officer unequivocally stated that he could “help” the journalist experience from personal experience the beauty of being in the 16th OP. He also talked about the opportunities to put an end to his career (who in our country doesn’t have these opportunities!). It suddenly became clear that I was supposedly an interested person, and that I should have announced my affiliation with the media in advance. The fact that already before entering the department I announced my interest in Sevostyanov’s personality did not bother anyone. They decided not to remember this. The police were indignant - they are supposed to “protect the law and the system,” but the journalists do nothing but shake this system and interfere where they shouldn’t. The media, they say, are like flies - they fly to you know what, while there is so much really important information around - solving murders, arrests, working with the population, and what have you - real prevention! At the height of the events, an elderly woman entered the department and from the threshold began to complain “about the disgrace.” She was insulted on the Lieutenant Schmidt embankment, so she urgently needs to write a statement.
- Oh, woman, we have journalists here. “Tell him about your grief,” the policeman smiled.
- Yes, I want to write a statement quickly, where do I need journalists?! — the woman did not appreciate the subtle humor.
They returned my documents and a pristinely clean voice recorder, after which they let me go home. Leaving the department, I ran into Suren Takhtadzhyan and Elena Molchanova. While I was a “witness,” they were escorted out of the department. Congratulating him on the outcome, Suren noted: “You won’t believe it, but they invited me to be a witness!”
police from inside
The former deputy head of the anti-corruption department of the Ministry of Internal Affairs jumped out of the window of the Investigative Committee
“Former deputy head of the anti-corruption department of the Ministry of Internal Affairs Boris Kolesnikov committed suicide by jumping out of the window of the Investigative Committee of Russia, his former lawyer Georgy Antonov told RBC. According to him, the tragedy occurred during an interrogation conducted by investigator Sergei Novikov. Kolesnikov jumped out of a sixth-floor window. He died on the spot. Investigative Committee representative Vladimir Markin said that a pre-investigation check has been launched into the death of Kolesnikov. According to him, the interrogation was conducted in accordance with the requirements of the Criminal Procedure Code. During the interrogation, Kolesnikov, accompanied by two guards, went to the toilet (at this time, in accordance with the norms of the Code of Criminal Procedure, his handcuffs were removed). Then he suddenly ran out of the toilet, knocked both guards down, jumped out onto the balcony and jumped from the sixth floor. Markin noted that while in custody, Kolesnikov twice tried to commit suicide. As Anton Tsvetkov, chairman of the Moscow Public Monitoring Commission, told Interfax, Kolesnikov has recently “behaved strangely” and was “obviously afraid of something.” Tsvetkov noted that there were hints from Kolesnikov that he was afraid for his loved ones. While in a cell in the Lefortovo pre-trial detention center, Kolesnikov was hospitalized in April with a diagnosis of “open head injury, fracture of the frontal and parietal bones.” According to the official version, the general received these injuries as a result of a fall (lawyer Antonov questioned this version). In April 2014 Major General of the Ministry of Internal Affairs Kolesnikov was detained on suspicion of violating the law under two articles of the Criminal Code of the Russian Federation: 286 (abuse of official authority) and 304 (provocation). Later, Kolesnikov was charged under Article 210 (organizing a criminal community). Kolesnikov was involved in a case involving his former boss Denis Sugrobov and eight other employees of the GUEB and PC. They were suspected of trying to provoke one of the leaders of the FSB USB, Igor Demin. The FSB considered that the police tried to discredit the work of the entire special services. Denis Sugrobov is now facing up to 25 years in prison for abuse of powers, provocation and the organization of a criminal community. The source of RBC in the Ministry of Internal Affairs assured that the anti-corruption police became "the victim of the intrigues of the Chekists." "What they call a provocation is actually an operational experiment - the operational work method actively used by the FSB officers themselves," the interlocutor said in the Ministry of Internal Affairs. "
The policeman, dismissed for the support of Navalny, turned to the ECHR
“Last year, a police officer, a police officer, Artem Fayzulin, fired last year for the public support of the opposition, appealed his dismissal in the European Court of Human Rights (ECHR). The motives of dismissal violate the article of the European Convention on the freedom of expression of opinion, the policeman believes. The Berezniki of the Perm Territory Fayzulin in the spring of the city in the spring 2013. During the consideration of the so -called case of Kirovles against the politician Alexei Navalny, he published a photograph with his family on Facebook, in which he and his daughter are holding the posters “Hands away from Navalny” and “The case against Navalny - this is a matter against us”. After that, the operational-search part of the main security of the Main Directorate of the Ministry of Internal Affairs in the Perm Territory conducted an official audit, as a result of which the inspectors came to the conclusion that Fayzulin with his actions "despised the requirements of official debt and the priority of state and official interests over personal, which violated the requirements of the professional ethics code an employee of the internal affairs bodies ”, therefore, is subject to dismissal from the internal affairs bodies without certification. July 25 Fayzulin was fired. In August, a former policeman filed a lawsuit with a lawsuit to restore at work. In it, he pointed out that in the photo he was dressed in civilian clothes and never published information about his professional affiliation on the Internet. The court completely refused Fayzulin in his lawsuit, indicating that "the police officer both in service and in bad time should refrain from any actions that can cause doubt about his impartiality or damage to the authority of the police." The appeal of the refusal was also rejected. In the text of the complaints in the ECHR (RBC has at the disposal), lawyer Fayzulina Damir Gainutdinov (represents the "Agora") recalls the decision of the Constitutional Court (CS) of June 30, 2011, which states that the ban for civil servants on public statements that go beyond The official duties assigned to them, "should not be used to maintain the regime of corporate solidarity of employees of the state apparatus." Fayzulin believes that in his situation, Article 10 of the European Convention on the Protection of Human Rights and Freedom of Opinion is violated, and the intervention did not pursue a legitimate goal and was not necessary in a democratic society. Gainutdinov believes that the law on Fayzulin was applied contrary to the resolution of the Constitutional Court. The criminal prosecution of Navalny, says the lawyer, has "important public significance", so Fayzulin had the right to express his opinion about him. "