Doesn't fit into frames

The case of the terrorist attack at Domodedovo in the external and internal justice market

February 18 update. The owner of Domodedovo, Dmitry Kamenshchik, was detained in connection with the terrorist attack at the airport in 2011. This was reported by the website of the UK. He was charged under the article “Performance of work or provision of services that do not meet safety requirements, resulting in the death of two or more persons through negligence.” Earlier, the authorities detained Domodedovo security director Andrei Danilov and arrested Vyacheslav Nekrasov, ex-director of the airport, until February 28.

Text dated February 16, 2016.

In Russia, no one has ever been punished for terrorist attacks. The houses were blown up in 1999 - no one in the FSB was injured. Dubrovka - everyone remained where they were. The blown up planes, Beslan, the explosion in Tushino, suicide bombers in the Moscow metro, two Sapsan, a bus in Volgograd, then the railway station - no one has ever been held responsible for all this, not to mention "little things" like an explosion on market in Vladikavkaz in March 1999 (53 deaths) or electric trains in Essentuki in 2004 (46 deaths). Because terrorist attacks - in the view of the authorities - were considered inevitable, like natural disasters.

And suddenly, an hour after the bombing at Domodedovo, President Medvedev called an emergency meeting of the security forces, at which he blamed the poor performance of the airport security service for the attack.

Immediately after this statement, I wrote a couple of articles explaining why President Medvedev's statement has nothing to do with anything: neither international practice, nor common sense, nor even Russian law.

More than 6 years have passed since then. During this time, Russian courts have made a lot of decisions that have recorded all of the above in court .

Three days after the attack, on January 27, Rostransnadzor checked Domodedovo and counted forty thousand sins. The airport went to arbitration, and on April 8, 2011, its complaint was granted.

The state started, pushed through the appeal, the case returned to the first instance, and on November 22, 2011, the court again ruled in favor of Domodedovo. On May 17, 2012, the Tenth Arbitration Court upheld the decision.

At the same time, Domodedovo Airport sued the Ministry of Transport, appealing as unlawful the rules established by it after the terrorist attack on February 8, 2011. On December 9, 2012, the Supreme Court of the Russian Federation partially satisfied the complaint.

On August 27, 2013, the Presnensky District Court refused the plaintiff Krivolutskaya E.V. and her lawyer Igor Trunov in a lawsuit against Domodedovo. The plaintiff motivated her demands by “improper observance of aviation security requirements”. The court found that "the plaintiff's side did not provide evidence of the guilt of the co-defendants in causing harm to the airport." The verdict stood on appeal on December 16, 2013.

On November 11, 2013, the Krasnogorsk court not only convicted the surviving participants in the terrorist attack, but also recognized, among other things, the right of Domodedovo Airport to recover material damage from them.

Finally, on August 24, 2015 (that is, only six months ago), investigator Dubinsky closed the case against employees of the Domodedovo Security Service, since at the time of the terrorist attack, international legal norms, Russian laws and even by-laws lacked “provisions regulating the procedure for the actions of subjects of transport infrastructure to ensure transport security in the area of ​​the air terminal complex, where on January 24, 2011 there was a terrorist act”.

According to the investigator's decision, she (the Airport Security Service) "performed her actions in full", and the reason for the insufficiency of these actions was "the imperfection of the legislative regulation of the sphere of transport security."

Of course, you can object: they say, we know how in Russia rulings are made in favor of businessmen. Probably, those damned oligarchs from Domodedovo bought the district court, they bought the arbitration, they bought the appeal, they also bought the investigator Dubovitsky - so they wrote an amazing thing: it turns out that, according to the laws of the Russian Federation, terrorist attacks should be prevented by the security forces, although we all know very well that in the Russian Federation, the security forces only divide property, but terrorist attacks should be prevented by business entities.

But here is an absolutely amazing document.

Plaintiff Elena Krivolutskaya (the same one who, with the help of Trunov's lawyer, filed a lawsuit against Domodedovo) did not calm down and filed a complaint with the ECHR. The complaint was communicated on December 16, 2014. Since, according to the rules of the ECtHR, Krivolutskaya could not sue only Domodedovo, she and her lawyer Trunov stated in the lawsuit that her right to life was violated by “employees of the Domodedovo security bureau, employees Ministry of Internal Affairs of the Russian Federation and other persons.

Being the defendant in the case in Strasbourg, Russia suddenly remembered that “full personal control is not required either under current international law (namely, the aviation security leadership of the International Civil Aviation Organization (document 8973), or, accordingly, under the regulatory acts of the Russian Federation.”

“The government considers the applicant’s statement about the absence or insufficiency of protective measures at the airport to be incorrect and unfounded,” reads Russia’s official position on this claim, sent to the ECHR on April 28, 2015 by Deputy Minister of Justice of the Russian Federation Georgy Matyushkin.

In his review, Mr. Matyushkin refers to "The terrorist attack at Glasgow International Airport in 2007, when terrorists drove a car carrying propane canisters through the glass doors of the airport terminal, causing it to burst into flames." “This example,” writes the Deputy Minister of Justice, “clearly shows that any preventive measures at the entrance become completely useless if the terrorists decide to carry out a terrorist act.”

And on April 28, 2015, that is, on the same day when Deputy Minister of Justice Georgy Matyushin writes to the ECHR that “the applicant’s statement about the lack of protective measures at the airport is incorrect,” investigator S.V. Dubinsky again initiates a criminal case on the insufficiency of these very protective measures, the same one, according to which Danilov, an employee of the Domodedovo airport, has now been closed.

The situation is fantastic. It turns out that according to the internal position of the Russian Federation, in the domestic market of justice (dated April 28, 2015) Domodedovo is to blame for the terrorist attack, but in the external market (dated the same April 28, 2015) it is not.

Our authorities have never reached such a degree of absurdity.

Let us now return to the statement by President Medvedev, which followed immediately after the emergency meeting with the participation of the security forces. As already mentioned, the situation looks unprecedented. President Bush, for example, did not think of blaming Logan, Dulles, and Newark airports after the 9/11 SB attack. After the Madrid bombings in 2004, Spanish Prime Minister José Maria Aznar did not think of looking for the culprits in the security service of the Atocha station.

Medvedev's statement looks unprecedented also because there are serious grounds to suspect that the attack was due to criminal negligence and improper performance of official duties. Only this criminal negligence and improper execution had nothing to do with the Domodedovo SAB.

The fact is that Magomed Evloev, who exploded at Domodedovo, was part of a group that was preparing another terrorist attack, much louder, which was supposed to take place on December 31, 2010. The group planned to blow up the suicide bomber Zavzhat Daudova on Manezhnaya Square using an SMS message. The second suicide bomber, Zeynab Suyunova, was supposed to explode later, when all the high-ranking authorities had gathered at the site of the attack.

The FSB was lucky - at about 6 pm on December 31, Daudova exploded right in the house rented by the organizers, because the phone received New Year's greetings from the mobile operator. The investigation, which arrived at the house, got everything on a silver platter: contacts, passports, group connections.

The question arises: how, under such conditions, the FSB was unable to prevent a new terrorist attack? Why didn’t the employees of this service at least introduce a regime of increased terrorist threat?

The answer to this question, in particular, is contained in the decision of investigator Dubinsky to terminate the criminal case against Domodedovo airport. It says that the investigator interviewed (did not interrogate, we note) “officials of the Ministry of Internal Affairs, the FSB and the Investigative Committee of Russia, the prefecture of Moscow, who went to the scene ... (surnames follow in the amount of 16 pieces), from whose testimony it follows that at the initial stage of sufficient data on the presence of signs of a crime under Art. 205 of the Criminal Code of the Russian Federation (terrorism), there was no ... "

Translated from the office into Russian: 16 foreheads (this is the minimum) and representatives of three law enforcement agencies who cannot find their ass with both hands, because their hands are busy closing their eyes, raided the house, where the pieces of the suicide bomber lay, a belt, passports, SIM cards - and, not wanting to drive a wave, they opened a case under the article "illegal possession of explosives."

Naturally,

The first assumption that arises from comparing this information with President Medvedev's statement immediately after the meeting with the participation of the security forces is that the security forces, in order to save their ass, lied to the president something unimaginable. Unfortunately, the situation is even worse.

The fact is that after the investigation five days later - in record time - announced the disclosure of the terrorist attack, in fact signing for monstrous carelessness, President Medvedev said that the terrorist attack had not yet been solved and that "we need to work, not PR."

In other words, Dmitry Medvedev's statement, made immediately after the terrorist attack and subsequently supported by Bastrykin's department, looked like a direct attack on Domodedovo Airport under any, even the most disgusting, pretext.

This raider attack, apparently, continues, and its leading citizens are not embarrassed by anything. Neither by international norms, nor by common sense, nor by the official incompetence of the FSB in preventing this particular terrorist attack, which goes beyond the already wide Russian framework, nor, finally, by the fact that Russia will now defend the guilt of the airport on the domestic justice market, but on the external, to the ECtHR, without batting an eyelid, will defend him on the same charge.