Translated material
Murder license
State homophobia led to an increase in violence against LGBT, but the police are not interesting to investigate such crimes
On March 27, 54-year-old journalist Dmitry cylikin was stabbed in his apartment in St. Petersburg. His computer and wallet disappeared from the house, but the version of robbery was not confirmed. The killer was quickly detained, they turned out to be 21-year-old student Sergei Kosyrev, who at the very first interrogations explained the murder of a special “mission”. He was preparing for a crime: he was traveling to a meeting with a hunting knife, a traumatic gun, gloves and a set of clean clothes. The computer with a wallet stole to take the eyes, and quickly threw them away.
The criminal case was opened under Part 1 of Article 105 of the Criminal Code - “Murder” and so far has not qualified in part 2, which refers to the motive of hatred of the social group. However, the police never turn to this point, and indeed rarely investigate the case of violence against representatives of the LGBT community.
At the end of October 2014, the residents of St. Petersburg Daria and Olga (names were changed) returned home late in the evening, walked under his arm, suddenly two young people caught up in a dark lane, one of them hit Olga very much on the neck. “I barely resisted my feet,” Olga recalls. “We turn shouting, Daria is trying to push him away. When I saw that he was bringing his hand to hit her, I tried to do something, but immediately got it ... He beat us in turn-one and the other. In the face with his foot on the thigh ..." While one beaten the girls with shirts " "No LGBT", the second shot it on a mobile phone. "I shout to him:" Are you a moron? We are sisters! ”, To which he replies:“ I saw you, what kind of sisters you are. ”Probably, they were tracked at us in the subway.” Having beaten the girls, the young people left, Daria and Olga turned to the police only the next day.
An employee of the 29th police department of the Moscow district, who accepted the statement, behaved correctly, warned, however, that there would be no move, so it was not worth coming. But the attendant who issued the torn ticket considered it necessary to laugh: “He giggled and asked:“ Are you coming from Malevich? ( Gay club in St. Petersburg.-Approx. ) They constantly beat someone there. "He did it with a mockery, for him all the jokes. It was unpleasant,” says Olga. The girls asked if it was necessary to go to the emergency room, to which the policeman shrugged and said: “Decide for yourself”, instead of explaining that the damage in such cases must be fixed - otherwise they would not even be excited.
The worst is comments! Some said it was necessary to kill us ...
Upon returning from the emergency room, Olga began to look for a video made on the Internet on the Internet, but instead found a lot of articles about the incident with reference to operational sources. “It was written where we live - the street and the house of the house, even the fact that I am from Irkutsk, and Daria from Moscow. Only the apartment number was not indicated and names were not named,” Olga says. “For two days I deleted these publications, wrote to editors, journalists, said that you are in danger. But the most terrible one was comments! I don't understand".
The police were in no hurry to look for the guilty. The girls printed their testimony on the computer, provided a map of the area with their route, where they celebrated outdoor surveillance cameras, but the investigators did not use this. Even the recordings from the surveillance cameras in the subway were requested too late when they were deleted. Two days after the attack, the police refused to initiate a criminal case due to the fact that it was not possible to establish witnesses and criminals. However, at that time, the girls were already helped by lawyers of the LGBT-Initative Group “Exit”-they filed a complaint with the prosecutor's office against the police inaction. The prosecutor’s office canceled the decision to refuse to initiate the case, but on December 9 the applicants were again refused. Again a complaint to the prosecutor’s office, and again cancel, then again a refusal to excite, again a complaint to the prosecutor's office. The case was opened only in May 2015-six months after the attack. Then, however, they closed it again. “Last week there was a court, and we canceled the refusal,” says Dmitry’s lawyer. “This is an endless fairy tale about a white bull. To disclose such cases, a serious operational work is needed, it is not carried out, law enforcement agencies are ineffectively.”
Most likely, they will not find the attackers - there is no doubt about Dmitry or the girls themselves who no longer hold hands in public: “We have atrophied this habit. We did not get rid of it on purpose, it was just uncomfortable to hold on ... It became uncomfortable to walk in the evening - at least together,” says Olga, adding that he calculates as soon as possible from Russia to more quickly from Russia to more Tolerant country.
Meaningless police
The police scared the victims that investigators would interview their acquaintances and relatives to find out how long they had such "inclinations"
Most of the victims with whom the RS managed to talk did not at all contact the police. The scenarios are similar: they attacked, beaten, robbed or not, invited a fictitious date, robbed or shot a humiliating video and began to blackmail them, extort money. If there were no serious damage and the matter did not reach the hospital, no one wants to contact the organs. Maria Kozlovskaya, lawyer of the LGBT network human rights organization, said that units write statements. Most are afraid that you will have to tell the details of the incident and thereby perform a certain Coming out to strangers. Many are not ready after humiliations on the street to pass again through humiliation in a police station. For example, as Maria Kozlovskaya said, when the police took testimonies from one of the young people, whom the attackers lured to a dummy apartment and selected their passport, demanding money for his return, one of the employees went out the door and began to laugh loudly: "Fags came here, there was still not enough to protect them." Dmitry’s lawyer recalls cases when the police scared the victims with the fact that investigators will interview their acquaintances and relatives to find out how long they had such “inclinations”. “Of course, they would not interview anyone, they just scared that people would not write statements,” says Dmitry.
From the leakage of information, however, no one is safe. So, Dmitry G., a resident of Samara, after a cruel beating near the gay club, he was in the hospital. Doctors called the police, and although Dmitry G. did not meet with the police of a biased attitude, he was very afraid that they would learn about the details of the incident at work - in the education department of the city administration. In the end, the information leaked, however, did not ask unnecessary questions at work. Andrei from St. Petersburg, who in 1999 miraculously survived after the attack of the Satanist Yevgeny Kondrashov, told the same thing. He met him in Ostrovsky Square, where homosexuals always gathered, invited him home. At home, Eugene unexpectedly grabbed a knife and pierced Andrei with his head with a handle, his parents, Kondrashov, who received 24 years in prison for two other murders, came running to the noise of the struggle. Andrei's main problem was not only to get to his feet, but also to develop an alternative version of the attack for colleagues in an international Christian organization.
The police officer literally yelled at me, because I did not call them in the department, but by the help of the GUVD.
If, in the case of Daria and Olga, the attackers were not known, then the other Petersburger, Daniil Ostrovsky, was beaten by neighbors in the district. Daniel was knocked out by the demands not to appear in his own yard. The police made a remark to him about his appearance, and then refused to provide a patrol that would take Daniel to the house, as a result of Daniel and his friends, they again tried to beat, they ran from the attackers in the night Petersburg until they were in the same department. “There, this police officer literally yelled at me, because I didn’t call them in the department, but by the help of the HUVD, she didn’t like it - because the call was fixed,” says Daniil. The police refused Ostrovsky to initiate a criminal case, but it was nevertheless initiated at the request of the prosecutor's office. Daniel was ready to indicate his offenders, but the police were not interested in this information. Each time, going outside, the young man peeked out the window: if the guys who attacked him were in the yard, he stayed at home. For two years, Daniel continually called for testimony, investigators changed, he repeated the same thing, until he was tired and he himself wrote a statement that he suddenly forgot everything.
A similar story happened to Fedor Laptev from Novocherkassk, he generally studied with his offender on the same course in the Novocherkassk Industrial and Humanitarian College. Only parents and close friends knew about the orientation of Fedor, but once he forgot the phone in the audience, classmates opened it and read correspondence on the dating site. Fedor tried to deny, to say that he was pushing the phone to a friend, but it was too late. “At first they humiliated publicly, shouted in the back:“ Pidor, what would you die. ”“ Then it got tired, my guy appeared, who escorted me everywhere, ”says Fedor.
I knocked in the fences, I shouted, I wanted people to hear me. He says to me: "Run"
One night, on the way home, Fedor was stopped by a young man with the question: "Are you the same fag from the college?" Fedor replied that he did not understand what it was about, the guy hit him on the head, pressed him to the fence and began to beat him. "I knocked in the fences, I shouted, I wanted people to hear me. He says to me:" Run. "I, as I was in one sandal, ran into some door, started knocking, the woman let me in, I called the police and mom." The police accepted the statement, although, according to Fedor, "a smile did not get off their face." Fedor found the attacker in the VKontakte network, told the police his name, home address and place of study, but they never detained that, but they had been furious. A year later, Fedor again fell into an unpleasant situation: he met a young man on a dating site, he lured him into the building of an unfinished hospital, where several sports guys took his mobile phone from a young man. This time, Fedor did not contact the police: it is pointless. Today, Fedor still lives in Novocherkassk, but does not walk alone along the night streets, and indeed one does not walk: he orders a taxi from a bus stop if mom or friends cannot meet him.
Dmitry Kupaev from the city of Budennovsk also did not contact the police to complain about mockery, threats, persecution and physical violence by classmates and neighbors in the area, she herself came to him to ... mock. Dmitry is a transgender, in a city where even long hair is considered a perversion, he painted his nails and used cosmetics. For six years from 2008 to 2014, two police officers pursued Dmitry, drove behind him by car, now and then they stopped: “They for no reason searched me, turned out in public. They didn’t take me into the department, but they promised even to put them in the cell for hungry prisoners so that I was serving all sorts of insulting questions there:“ And “And What underpants do you wear? What is your second name - Masha or Dasha? And you will take in our mouth for 300 rubles? "In order to hide from the pursuers in uniform, Dmitry’s mother had to constantly move from one rented apartment to another, then Kupaevs left Budennovsk at all: first to St. Petersburg, then in the Moscow Region.
Due to the fact that Dmitry never considered the police as an organ that could protect his rights, he did not go there either to raped him two peers-at a “friendly party”, nor when in St. Petersburg he became the victim of the Medo Pedophilay movement: young people lured him to a meeting, threatened to put a bottle into an anus, but to divide it, but to divide it, but to divide it, but to divide it, but to break it down, but it was divided into an anus, but to break it. Then they smeared the face with lipstick and markers, doused in advance prepared in urine and released. The video appeared on the Internet, almost all the attackers pose with open faces, are proud of the results of their "hunting".
Hatred in the law
The UN in a universal periodical for 2013 advises Russia to pay attention to an investigation of acts of violence against LGBT people and take into account the motives of hatred (paragraph 140.96). Russia accepted this council and stated that everything is good with this: “Any acts of violence, regardless of whether they are committed in relation to representatives of the LGBT community or representatives of other social groups, entail the proper response from law enforcement agencies. According to paragraph 1 of Article 63 of the Criminal Code, the commission of hatred or enmity in relation to any social group is recognized as inventive guilty Circumstances, ”it is written in an official answer. The Constitutional Court speaks of LGBT as a social group in several of its decisions, in particular, in the decision of September 23, 2014, about the complaint of citizens about the unconstitutionality of the new Code of Administrative Offenses on the prohibition of propaganda of non -traditional sexual relations.
But in practice this measure is not applied. According to lawyers surveyed by the RS, the police never qualify criminal cases in parts of the articles of the Criminal Code, which indicates the motive of hatred of the social group, even if the victims insist on this. “None of the cases we conducted such qualifications,” says Dmitry’s lawyer. “These crimes in statistics are reflected in a separate line, so we can say that we simply do not have them. Usually the police attract an expert, and he gives a conclusion that LGBT is not a social group. There are strange substantiations, up to the fact that LGBT is different in income. The court that was incorrect qualifications, the courts find the grounds to agree with the police. " So, the St. Petersburg LGBT activist Vasily Ivanov was attacked in 2012. It was possible to bring the case to a court, where the nationalist Dmitry Deineko said that he beat Ivanov, because he had a poster in defense of LGBT in his hands. “The motive of homophobia was obvious to us, but the court in the justification wrote that this is not hatred of LGBT, but simply hostility to violation of the legislation of the Russian Federation and, in particular, the law on promoting non -traditional relations,” Dmitry recalls. Deineko was sentenced to five months of correctional labor, but he was released from the courtroom, as he spent some time in jail.
Despite the recognition of the attacker, the motive of hatred was not obvious to the Syzran police, whose resident Ivan Kravitin was beaten several times for the habit of dyeing their hair in bright colors. The first time Ivan was beaten at night near the shopping center: “I went out, and one of the guys is burning out my way with the question:“ You are a fag, something? ”I say:“ I am gay, ”Ivan says.“ I'm trying to leave, he asks me: “Are you sucking me?” I tell him that I will not answer him, and he suddenly strikes me for a few seconds. I begin to smear something sticky in my face. " Friends of the attacker held him, Ivan managed to leave the shopping center, but the guy jumped out and hit him several more times. "There the taxi drivers stood, one driver went out and said:" What did you get a guy, what are you doing? "This one is flying away, says:" Are you protecting fagots? You yourself, maybe a fag? "The driver replies:" I am not a fag, I do not defend, but what's the hands of him, if you do not like it, you better in the ass ** and ". Fortunately, this proposal did not come true."
The police accepted the statement of Ivan, explaining that he himself was to blame for the incident. In hot pursuit, the aggressor was detained. “He is asked:“ Why attacked? ”, He replies:“ Well, he said that he is gay, that I would not hit him, or something? ”Ivan recalls. Despite this confession, a few months later Kravitin received paper from the police, which qualified the crime under Part 1 of Article 116 -“ beatings ”, explaining that homosexuals are not transferred to this article on a private accusation, Ivan Now he himself must go to the magistrate court and prove the guilt of the offender, while cases under Part 2 of Article 116, where the motive of hatred is indicated, the prosecutor's office is engaged in.
The era of fear
In the 1990s it was possible to walk peacefully around the city, holding hands, one could kiss
All interlocutors of the RS indicate a sharp increase in the number of homophobic attacks in recent years, which began with the adoption of regional and then the Federal Law on the prohibition of propaganda of non -traditional sexual relations. According to Maria Kozlovskaya, in 2015, 284 people turned to the LGBT network for legal assistance, the vast majority of them were faced with violence. "В 1990-х можно было по городу спокойно ходить, держась за руки, можно было поцеловаться даже. Мне было достаточно комфортно, – рассказывает 46-летний петербуржец Андрей, который после визита сатаниста в 1999 году стал жертвой ограбления в 2007-м. – Сейчас я ни с кем не знакомлюсь – ни на улице, ни в интернете, ни в приложениях. Боюсь. Если еду в метро в какой-то яркой одежде, стараюсь прикрывать ее. Я снова закрылся в шкаф, мне страшно высовываться". Юристы двух питерских ЛГБТ-организаций – Мария Козловская и Дмитрий пояснили, что всплеск нападений пришелся на 2013-2014 годы, когда активно действовали группировки "Оккупай педофиляй". Когда идейного вдохновителя движения Максима Марцинкевича посадили в 2014 году за экстремистские высказывания, "Оккупай" сошел на нет. Сегодня гомосексуалов заманивают на подставные квартиры для ограбления или шантажа. Из идеологической травли гомофобные преступления превратились в чистый криминал, хотя, по словам Марии Козловской, иногда преступники устраивают фиктивные знакомства просто ради того, чтобы избить: несколько таких случаев были зафиксированы в Архангельске. "Гомофобные законы, безусловно, ухудшили ситуацию, – уверен Дмитрий. – Люди откликаются на риторику государства, этот закон оправдывает их действия".
Впрочем, по словам адвокатов, несмотря на то что до суда доходят лишь единицы из расследуемых дел, а обвинительные приговоры можно пересчитать по пальцам, бороться за свои права все равно нужно. "Безнаказанность приводит к худшим последствиям, – уверен Дмитрий. – Если люди не будут видеть, что за это наказывают, они будут так поступать и дальше".