Kushchevka decides everything

On October 29, the Kushchevsky District Court of the Krasnodar Territory must make a decision in the case of the Rostov journalist Alexander Tolmachev, accused of extortion (Article 163 of the Criminal Code). Tolmachev is not the only accused in the case, however, it was he who is the main object of persecution, accompanied by numerous violations.

For Tolmachev, it all began on December 15, 2011. That evening, as well as the other two current accused, the directors of VIT, Yuri Galagan and his deputy Elena Morozov, were detained in Novocherkassk - formally due to the fact that the police had information that all three participated in extortion, namely, they demanded that the director of Sofia Oleg Kozlov in exchange for a promise for not publishing articles, Denis Kozlov, an employee of the local department for combating economic crimes. At the same time, for some reason, the detention was carried out by employees of the department for combating extremism.

In fact, the start of Tolmachev’s persecution was given six months before, when Mikhail Korneev’s deputy chief of the Central Internal Affairs Directorate Rostov (as the defender of Tolmachev, Alexander Igvicheev, later reminded, later he became the head of the Central Internal Affairs Directorate of Tyumen and gained bad glory in this position) turned to the regional court with permission about the sample of the journalist, saying that he was suspected of a member of what is a member of what is a member The nationalist organization prints extremist literature in its own printing house. The court allowed to listen to Tolmachev’s phone. Subsequently, none of the facts reported by Korneev was confirmed. In the case of a nationalist organization and extremist literature, it was no longer going on, from which it can be concluded that this pseudo -information was used as an invented preposition.

Tolmachev the only one of the three suspects was detained. He was the first officially charged.

The very first episode was based on Oleg Kozlov’s statement and operational-search measures (according to Studyev, illegally, with a resolution issued retroactively). Tolmachev himself and his defense generally believe that the episode with Kozlov was built on a police provocation: Kozlov, who led with Galagan the dispute about the debt of firms, insisted that Tolmachev subscribe to their settlement, which was then presented as evidence in the case of extortion.

Later it began to grow with new episodes. The accountant of the company of Galagana Lyudmila Degtyareva, suspected of theft of a large amount from the account, announced the extortion when Galagan, Morozova and Galagan Tolmachev began to demand the return of money from her. At the same time, the case of fraud was initiated against Degtyareva herself.

Two more episodes appeared after the head of the Police of the Rostov Region Anton Grachev, according to School, turned on television calling for everyone who suffered from Tolmachev’s actions to write a statement. Thus, the former banker Konstantin Senyaninov and the director of the Slavyan construction firm Yuri Sobba recalled the extortion of Tolmachev. The first as evidence was given by an article published in the newspaper “authorized to declare”, the founder and editor of which was Tolmachev: the article was written after the ex -wife of Senyaninov appealed to the newspaper with a complaint that he was selected a share of ownership of their daughter's apartment; Senyaninov previously won a lawsuit against the newspaper to protect business reputation, honor and dignity in connection with the same article. (At the same time, Senyaninov, who was suspected of beating Senyaninov’s ex -wife, acted as witnesses to the allegations with extortion of Senyaninov - was discontinued - and his secretary, to which Senyaninov rewritten that very apartment.) The death was also filed for the protection of honor and dignity in connection with the publications in the editables. Tolmachev editions. The defense of Tolmachev notes that he is accused of threats Senyaninov and Mode, although neither one nor the other mentioned this in their initial statements. Studyeva claims that the data on threats were later falsified by the Main Investigation Department of the Central Internal Affairs Directorate of the Rostov Region. The defense asked the investigation to submit the details of telephone conversations to make sure that the victims were indeed with the accused in the place indicated in the materials at the indicated time, but the investigator Svetlana Urazova only demanded the details of Tolmachev’s telephone conversations.

Both the investigation and the court, according to Studyeva, allowed a lot of violations. “What a piece of paper you take, there will be a violation of the Code of Criminal Procedure everywhere,” she says. At the trial, the defense made 48 petitions to recognize various evidence submitted by the charge unacceptable. Judge Victoria Ananich refused to satisfy all these petitions. During the investigation, laptops belonging to the son -in -law and the grandson of Tolmachev were seized, all documents, including Tolmachev’s newspapers with distributors, papers with instructions of the company details, various drafts - all this was not related to extortion and, as a result, was not used in court, although all seized items and documents were included in the number of material evidence. (Numerous violations and other circumstances of the case with details are described on the website of the information and legal center of Alexander Tolmachev.) The judge repeatedly removed Tolmachev from the process of lawyers and appointed others without coordination with him. To participate in the court hearings, Tolmachev was carried from pre -trial detention center No. 2 to Armavir to the IVS at the Department of Internal Affairs of the Kushchevsky District, where they left for a longer period than ten days laid under the law. In March 2014, Tolmachev was removed from the courtroom until the end of the debate. Tolmachev failed to pronounce the last word to the end - Judge Ananich interrupted his speech.

Tolmachev and his supporters believe that the recently deceased chairman of the Rostov Regional Court, Viktor Tkachev, stood the whole story. The investigator Maxim Lukanin, who initiated the case (later opened a criminal case against him and fired, was recognized as his defenders, and the investigator Urazov, according to Tolmachev, suggested that in exchange for the termination of the case to write positive material about Tkachev. Tolmachev really repeatedly wrote revealing materials about the chairman of the regional court. The defender of Studyev notes that shortly before the detention of Tolmachev in the case of extortion, he was going to go to Moscow for a rally against arbitrariness in the judicial system of the Rostov region, and after the rally it was planned to transfer the petition to remove Tkachev from the post. About forty people were driving by bus. They only managed to get to the city of Millerovo, about 200 kilometers from Rostov. All the way they were accompanied by some kind of passenger car, and near Millerov she neatly crashed into the bus. The police appeared right there, took the driver, and the bus with passengers remained standing and stood so twelve hours. Allegedly all this time, documents on an accident were drawn up. Only in the morning did the prosecutor come from Millerov, who asked why, in fact, to keep people. People were released, but they, of course, did not get to the Moscow rally. According to Studyeva, since by this moment Tolmachev’s telephone listened for almost five months, all interested people were aware of where and when he was going to go. The provocation with a passenger car, in her opinion, was organized by the head of the Rostov police Grachev and his boss, the head of the Main Directorate of the Rostov Region Alexei Lapin, who "found a common language with the chairman of the regional court."

Tolmachev was subjected to various types of persecution before. So, in 1995 they shot him, and in 1999 they attacked a metal rod and a brand. All this, apparently, was caused by his revealing publications dedicated to corruption in the Armed Forces. The current criminal prosecution, according to School, was conducted “not so much to bring to criminal liability, but so that Tolmachev would sit in jail as long as possible so that the newspaper could not be closed so that articles about the judges, about the police, and the prosecutors do not come out.”

Despite his stay in the pre-trial detention center, Tolmachev participated in the elections: the Party of the RPR-Parnas nominated him as a candidate for the mayors of Bataisk, and then to the Legislative Assembly of the Rostov Region. The party also sent Putin to the Constitutional Court and Prosecutor General of Yuri Chaika a complaint about the illegal persecution of Tolmachev.

Meanwhile, among representatives of the human rights community, the story with Tolmachev causes an ambiguous reaction. According to the president of the Protection Fund, Alexei Simonov, "when it was only beginning, everyone was sure that the struggle for Tolmachev was a holy work and everyone should immediately start fighting for him." Simonov, knowing about the conflict between Tolmachev and Tkachev, achieved that the case of the Rostov journalist be considered in the court of another region. However, as Simonov says, “by the monstrous coincidence of circumstances, and perhaps the case was in the Kushchevsky court according to the evil mind. This is really not the Rostov region, but the Krasnodar Territory, but the word “Kushchevka” itself, when talking about justice, causes, to put it mildly, a rather unpleasant sensation. But to say that what I asked for was not done is impossible. ” Tolmachev himself is sure that Tkachev was involved in the Kushchevsky court to transfer the case. Simonov agrees that there is an order in Tolmachev’s case, and explains this by the fact that the journalist “Dopek of representatives of local authorities” prevented them from working, “how the flying over the ear of the fly interferes.” “But at the same time,” Simonov continues, “I do not subscribe to the fact that Tolmachev’s activity is certainly fair and reasonable. The meaning of the activities of people like Tolmachev is to provide people with legal assistance without being a professional lawyer, and live at the expense of this help. We, adhering to a different point of view on ways to help people, is not very clear. Most likely, this is initially the wrong position. ”

Simonov does not see the reasons for the introduction of a criminal prosecution, but at the same time believes that “there may be justified claims to the journalist because he does not comply with any personal hygiene rules, including in relation to his customers. There is reason to treat with what he was doing. ” “I think that he is much less guilty of what they are trying to impose him,” Simonov continues. - Sales of blackmail very often are quite dubious. On the other hand, over the past few years, a certain number of people who related to this have appeared very peculiarly. ”

The human rights activist does not consider it a political matter against Tolmachev, because, in his opinion, “Tolmachev has long gone beyond the legal field, and it is not clear what position he actually occupies.”

The fate of many people involved in this matter has developed in a rather bizarre way. To date, the head of the Main Investigation Department of the Central Internal Affairs Directorate of the Rostov Region, who was conducting the case, has been dismissed. Investigator Urazova went to work somewhere in the district department. A criminal case was opened against investigator Lukanin, he was fired. Witness Denis Kozlov, the son of the first victim Oleg Kozlov, was dismissed from the police. The victim died in France, and the court could not contact him. The victim Senyaninov died. The alleged customer, chairman of the Rostov Regional Court of Tkachev, died. Nevertheless, the case is brought to the final point. The accusation of the debate asked Tolmachev to be sentenced to nine years in prison.