Right of reply

The case of Mardiros Demirchyan. MIA version

We have repeatedly written about the builder of Olympic facilities, who was convicted under the article “false denunciation” after he complained of torture by the police. We consider it necessary to present another point of view - law enforcement agencies. The attention of the editors was attracted by the study of the policemen accused by Demerchyan on a polygraph and the refusal of Mardiros Demerchyan himself from a medical examination .

On December 17, 2014, by the decision of the Adler District Court of the city of Sochi, Mardiros Demerchyan was found guilty of committing a crime under part 1 of article 306 of the Criminal Code of the Russian Federation “Knowingly false denunciation of a crime”.

As previously reported, citizen Demerchyan, previously convicted under Art. 228 of the Criminal Code of the Russian Federation (illegal possession and use of drugs), on June 12, 2014, he was taken to the Blinovo police department in Sochi for disobeying a lawful order of a police officer and on suspicion of stealing an electric cable from an Olympic facility under construction.

While at the police station, citizen Demerchyan complained of a headache. The paramedics of the ambulance, called by the police, during the examination of Demerchyan did not find any bodily injuries on him, as evidenced by the medical report attached to the case file.

Upon admission to the Sochi City Hospital No. 4, Demerchyan was examined by three doctors at once (a traumatologist, a surgeon and a neurosurgeon), who also found no signs of violence on him. The results of the examination are reflected in the medical reports attached to the case file.

In connection with the complaint of citizen Demerchyan about the use of physical violence against him by the officers of the Department of Internal Affairs for the city of Sochi, an inspection was carried out. During the check, the police officers, whom Demerchan accused of bullying him, were examined using a polygraph. A psychophysiological study did not reveal any reactions indicating that the police officers distort their testimony regarding what happened.

Also, administrative detainees who were near Demerchyan on June 12, 2013 at the police station were interviewed, who explained that he did not complain about physical violence from the police.

During the inspection, citizen Demerchyan was ordered to conduct a forensic medical examination in order to establish the nature of the injuries allegedly inflicted on him. Notifications about the examination were repeatedly handed over against signature both to Demerchan himself and to his lawyer A.V. Boychenko However, Demerchyan never showed up for an examination without explaining the reasons.

Also, during the check, a doctor was interviewed - a coloproctologist of LLC MMC "URO PRO", where Demerchyan independently applied for a medical opinion. After examining the patient with a proctoscope, anascope and visually, the doctor concluded that there were no signs of violent damage to the rectum as a result of the introduction of a foreign body in Demerchyan, noting that several microcracks in the anal canal were found during the examination, which could be caused by a hard stool. This medical report is also attached to the case file. Moreover, the doctor said that Demerchyan's wife asked to indicate in the conclusion that her husband had more serious injuries to the rectum, but the doctor refused.

The inspection was under the control of the prosecutor's office. No violations were found during the audit, as well as objective data indicating illegal actions of police officers.

In this regard, according to part 2 of Art. 148 of the Code of Criminal Procedure of the Russian Federation, when issuing a decision to refuse to initiate a criminal case against the police officers, the issue of initiating a criminal case for knowingly false denunciation against Demerchyan himself was considered.

Citizen Demerchyan, guided by the desire to avoid criminal liability for the crime he committed under Art. 158 of the Criminal Code of the Russian Federation, tried to mislead the investigating authorities by slandering the police officers. Demerchyan's guilt was proved by the court, he was sentenced to 300 hours of corrective labor.

Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory