"In court, they knew that Podyachev could not be kept in jail due to the threat of death"

The defender of the Novosibirsk public, Pavel Poyachev, Alexander Galichanin, told Taiga.info about the circumstances of the scandalous case of extortion with the participation of deputies of the Legislative Assembly of Nikolai Pokhilenko and Alexei Andreev, the work of the Safe District and the installation of video cameras in schools, the pre -election campaign of 2015, the trial process, the rehabilitation of Zyadchayev and the rehabilitation of Zyadachev and punishment responsible for his death.

Taiga.info: So far, this business was not too known, for some reason it has been weakly illuminated in the media. Tell us briefly. What was Pavel Poyachev accused of, who accused, how did this happen?

- Yes, I will explain the situation. We took some part of the process, because our hands were tied. They have just begun to study evidence of protection. And they just wanted to unfold the entire public part. Unfortunately, we were forced to look back at the fact that Pavel was in a dependent position, in a pre -trial detention center. But, accordingly, as soon as Pavel died , all the worst that could happen in this matter has already happened. Therefore, we are forced to publish our public investigation earlier. The essence of the criminal case is as follows. The deputy of the Legislative Assembly of the Novosibirsk Region and academician Nikolai Pokhilenko accused Podoyachev of being extorted to him allegedly 2 million rubles.

Taiga.info: Did Nikolai Pokhilenko sign a statement?

- Yes. He and his assistant [Vladimir] Tolstoy were written on the application of the initiation of a criminal case. But later, already in the process of investigation, Tolstoy was transferred from the victims to witnesses. Accordingly, Pryachev himself talked just several times in his life with Pokhilenko. And all the conversations in which extortion allegedly took place, actually went with Tolstoy.

Taiga.info: That is, Podyachev, according to the prosecution, extorted money from Pokhilenko through Tolstoy?

- Yes, allegedly he extorted money from Pokhilenko through the Tolstoy. Moreover, Pokhilenko repeatedly said that he knows the case in the most general terms. That is, that he, roughly speaking, reported to the Tolstoy about everything, and he knows about everything from the words of his assistant.

Taiga.info: Is the key to the accusation a key person?

- Yes. And basically the accusation was built on audio recordings of conversations that Tolstoy conducted. That is, Tolstoy communicates with Podyshev, and absolutely all conversations are recorded. Some of them, but not all - this is 100% known - he handed over to the investigation.

Taiga.info: That is, he handed over part, but did not give part?

- Yes.

Taiga.info: And the investigation requested the second part?

- No. Immediately, as you prove that he recorded something or did not write down. Since he recorded those negotiations, it means that [presumably] recorded others. It’s just that some [conversations] are not mentioned at all in the case, although they took place. If you simplify, those audio recordings of conversations that were conducted in the [deputy] reception of Pakhilenko appear in the case. In the Tolstoy office in the public reception of Zamilenko. But the conversations that Prayachev and Tolstoy were not mentioned in a cafe. They met not only in the office, but also in a cafe, but for some reason there is not a single conversation in the case file.

Taiga.info: Let's get back to the plot of business.

- In November 2014, less than a year remained before the campaign for election in the Legislative Assembly. Pokhilenko planned to be elected for the next period. And Tolstoy oversee the election of the boss. Tolstoy came to Podoyachev and said that he as an assistant [Pokhilenko] works with different public organizations. And in particular, for itself it captures some problem points in the Soviet district and would like to remove them. So that his chief re -elects without problems for the next period. And he suggested to Podyachev money. Since Poyachev has been engaged in social activities since 2005, there are many publications, letters of support, he obviously needed sponsor money.

Taiga.info: That is, Tolstoy proposed sponsorship from Stekhilenko?

- He just offered money from Pokhilenko.

Taiga.info: And whose money, budget or personal proposed - is incomprehensible?

- Personal money Pokhilenko, not budget. And he explained-let's do it like from Zamilenko-citizen. Because it will not help you with the budget, it is very long, difficult, let's cash.

Taiga.info: What you say is known from the words of Podoyachev?

- The beginning of what was, according to Poyachev. Further circumstances are actually recorded in the case file. In audio recordings. Another thing is that you can tear out some phrases from the context and interpret them in a certain way as extortion.

Taiga.info: What happened next?

- Then the following took place. Podyachev acutely at that time needed money. Let me remind you that in November -December there was a devaluation of the ruble, a crisis began and so on. And at that time, Poyachev tried to launch the Safe Childhood project in the Sovetsky District with his associates. Until the arrest, Pavel managed to equip gymnasium No. 3 (25 cameras) at the expense of sponsors with video surveillance. The director can confirm that she even wrote two petitions to the court. And the neighboring kindergarten No. 304 with the gymnasium. There was an idea at the expense of sponsors to equip all kindergartens, all schools, and later all children's institutions of the Sovetsky district. Moreover, not just formally one or two cameras in the lobby, but for video surveillance to go both frontly and behind, from all angles of the building, inside in the corridors, so that there are no blind zones. So that you can control everything in real time and the archive.

Taiga.info: That is, these cameras were also inside the school?

“They still have them.” Some of the 25 cameras in the gymnasium itself are inside the corridors, and they began to solve school problems from the very first weeks. So the pilot object demonstrated all the efficiency and even demand of the project. Accordingly, Poyachev was in dire need of money to replicate this experience.

Taiga.info: Did he personally need money or an organization?

- His public projects needed money. Poyachev himself, I emphasize, was a rather colorful person, and this can confirm many inhabitants of the upper zone of Akademgorodok. Poyachev had adult children, and he himself had one, a maximum of two sets of wearing clothing, there was no apartment, there was no car. And in fact, all his material needs came down to spend the night somewhere in the warmth. And he gave everything else to public projects. He did not need anything. He is such a disrespect. In a good way - Christian holy fool. So the reaction of Prayachev was extremely positive - when they themselves come to you and offer millions to your charity affairs.

He began to say: I relate to Pokhilenko humanly medium, but as a deputy he did not show himself. But if, in this way, Zamilenko stimulates the socially advanced projects of the Akademgorodok (not only video surveillance, also other projects: “Electronic democracy”, creative festivals and much more), then he will have nothing against Stekhilenko re-elected. Because then the academician would become almost the only deputy who does at least something substantial for the sake of the Academgorodok. And moreover, Podyachev in this case was ready to support Pokhilenko in the elections. For example, in his opinion, investments in the same video surveillance created very good news reasons for the deputy. And citizens would not see an abstract election campaign with promises and waste paper, but specific root projects that change their own lives for the best right now.

Negotiations were negotiating under this Surdinka. Because in response to Tolstoy began to crumble. Either he gives money, or Khilenko thought something that there was no need to give money. Therefore, he [Tolstoyes] said: “Pasha, we need to scare our boss together with you, so that he will give money. And then he changes something. You are engaged in public investigations, publish materials on the deputy Andreev and others, I wrote a lot about the SB RAS. Bring something, some compromising evidence to my boss. ” What he refused repeatedly. And this is also recorded by the audio recordings of the most thick.

Podyachev objected: let's make a positive campaign, let's go to white as a donation, and not in cash, for specific public organizations that are in the “Safe District” movement. Specifically, it was about the Heritage Foundation and the Novosibirsk Branch of the Organization of Disabled War in Afghanistan. He promised to provide all the necessary reporting. Pyshachev even offered Tolstoy: “If you do not want to give money, you can simply buy equipment with such and such characteristics and sacrifice it already. And even this is not necessary, you can leave this equipment yourself, and just transfer to temporary storage, and not even to me, but to those places where we will install it all. That is, I will act as an intermediary here. ” In response: no, it's all complicated for the academician, the academician needs it simpler. By the way, this in itself is funny. Nevertheless, the thought was repeated several times by Tolstoy: Zalelenko does not need any socially significant projects, it is better to bring compromising on him, my boss should be scared and understand that everything is very bad for him, that his re -election is threatened. And this all lasted several months.

Several times, Ragshev lost his patience and said to the Tolstoy: “Everything, Vova, diverging, it is uninteresting, however, some kind of nonsense is happening.” Then he had again involved his Tolstoy several times in the negotiation process, promising money almost the next day. And then again something was transferred suddenly, was postponed and so on.

As a result, Podoyachev came to the conclusion that no positive agenda of Pokhilenko and Tolstoy was needed, and they simply want to pay off him so that he would not engage in public investigations in the Academic deputy of the election campaign. According to the social activist, thereby they would confirm the truth of the claims that were to Zalelenko. Having received the money “black cuba”, he planned to fix this fact and betray it to public, as well as contact law enforcement agencies.

Because the investigations of corruption in the Akademgorodok were in different directions, including in Pakhilenko. Podoyachev began to engage in this in 2011-2012. In 2013, several leaflets were published. In 2014, the site Sosnso.ru was created.

By the way, in April 2013, Paul was even attacked. He received a phone call with a proposal to transfer "incriminating evidence to [chairman of the SB RAS Academician Alexander] Aseev." Poyachev came to the meeting near the Academy recreation center, but instead, a person took a series of professional blows on his head, took the laptop with information and ran away. Pavel survived a concussion, just since that time he had headaches. The investigation was conducted by the police department No. 10, but for some reason the case was lowered somewhere on the brakes.

Taiga.info: Until now, it was not clear why they “suddenly” attacked such a good person. Once Podoyachev was engaged in video cameras, children, what interest was it to substitute him?

-At some point, Prayachev simply ran into the moments incomprehensible to him in Akademgorodok. Then the State Unitary Enterprise "Housing and Utilities" (at that time under the control of the Academy of Sciences) violations. Podyachev helps local residents of his own free will, his friends. And he begins to chop the project on video surveillance of the police department of the Sovetsky district, which, first Podoyachev and his cameras, are reported everywhere, and then they say that video surveillance is not needed. So Pavel was initially engaged only in positive projects, but at some point, corruption began to create obstacles. And he began to engage in the fight against corruption with hopelessness.

Taiga.info: That is, he had conflicts in some areas before this story?

- Yes, they arose. And he discovered many violations in the Siberian branch of the Russian Academy of Sciences. Pavel began to publish public investigations - under his name. I emphasize: not anonymously or through someone, but from myself. Submit applications to law enforcement agencies - under their own name. Officially, with the application of documentation and so on. The investigations concerned the huge economic complex of the SB RAS, which was multidisciplinary before the reform of science, and even now greatly affects the life of Akademgorodok. Many people were hurt. Including at some point the surname of Pokhilenko began to pop up.

Taiga.info: Let's get back to the conversation of Tolstoy and Podoyachev.

-At some point, Poyachev realized for himself that they wanted to pay off from him. And thus, from his point of view, this was confirmed by the statements that he wrote or was going to write in the near future. He wanted to use this fact and contact law enforcement agencies and fix that he received money. With a request to conduct an investigation. That is, if Pekhilenko financed public projects into white, and not in cash, would have lit up as a sacrifice, even some kind of extraneous thought would not have arisen. A person wants to re -elect - it is normal that the deputy wants for the next period. But it helps the area for this. And if they tell you: you don’t need this PR about cameras, charity, this is all nonsense, but you have money for you to not publish incriminating evidence, this is already suspicious. Accordingly, Poyachev decided to use it. He came, and they put the money. And it turned out that all this was under the control of special forces. He was detained. At first he really refused to take money, this was recorded in the case file. But then the Tolstoy insisted: "What are you, Pash."

Taiga.info: And in the conversations it sounded that he had compromising?

-No, Prayachev had broken down at some point, he convinced him, he has persuaded him, and he brought one of the materials. Nevertheless, Paul had questions to Pakhilenko as a senior person, and he considered the Tolstoy to be a subordinate of the academician and his friend. They had a relatively good relationship, they talked, had common things. But later it turned out that at that time, law enforcement agencies already conducted the case.

Taiga.info: When was it?

- March 12, 2015. Almost 2 years have passed. The investigation was neither Shatko nor the Walkko until the end of the previous year. And since the end of January 2016, a trial has been going on.

Taiga.info: Now about the tragic death of Paul in a pre -trial detention center. Why was such a strict preventive measure chosen?

- The matter is two points. Firstly, Podjachev was accused under paragraph “B” of part 4 of Article 163-extortion on especially large sizes. This is a particularly difficult article on a par with murder. And, by the way, in the cell of Paul of 12 people with whom he was sitting, there were 8 killers.

Taiga.info: That is, conversations in cafes and killers are about the same thing.

- Yes, from the point of view of the Criminal Code of the Russian Federation, this is about the same. This is time. Two is, let's say, the position of the security forces. At the trial, the head of the detention group, who became the chief witness from law enforcement agencies, Lieutenant Colonel Vasily Aksenov (the Department of the Criminal Investigation of the Main Directorate of the Ministry of Internal Affairs in the Novosibirsk Region) said that Podoyachev is supposedly, according to his operational data, the leader of the organized criminal group, which operates in the Soviet region. That is, a person who was engaged in charity work, the person who put the cameras built a playground at the House of Scientists a huge and so on, is an active member of the group, or even a leader. Allegedly, he threatens people, is engaged in a racketeering, takes tribute, burns offices and so on.

Taiga.info: Was there any evidence?

- No evidence was presented.

Taiga.info: If there is such an operational development, why do they take for conversations in a cafe, and not for racketeering?

- I think this will become clear now. When they began to ask these questions to Aksenov, the judge stopped them. Like, to Poyachev is not charged with the fact that he led the organized crime group. On the one hand, he really does not enter him, and on the other hand, the operative himself talks about it. Thus, it creates a certain atmosphere, the negative image of Poyachev, prejudice from the judge. Moreover, to the question of who is a member of the organized crime group, if Pavel is a leader, Aksenov replied: the work to establish people is being carried out, but so far they cannot name a single one. This is a year and a half after the arrest of Poyachev. They could not name any of the victims. Although the witness of the prosecution is another deputy of the Legislative Assembly from the Soviet district - Alexei Andreev. And at first, a couple of days after the detention of Poyachev, he accused the social activist of that he was a fabric of his reception. But he did not present any evidence. At the trial, he actually hesitated this part. So there are no victims, there are no other members of the organized crime group, but as it were, the “leader”, as it were, “groups” in the bench of the defendants.

Taiga.info: That is, there were testimonies of representatives of law enforcement agencies and deputy Andreev?

- Yes, in court and in the investigation. By the way, at the stage of the investigation of Tolstoy, he stated that Prayachev actually did not conduct any public activity, but simply extorted money from the residents of the district. In a statement to the police, Pokhilenko also connected the problems of Andreev with Poyachev. Later, all this was shut in the testimony of court, the deputy with the assistant even admitted that Podoyachev made a lot of good for the Akademgorodok, and he possibly planned to spend money on continuing these projects.

But all that these people spoke and wrote before, created the idea that Podyachev was a dangerous element.

Taiga.info: Was it known about his state of health?

- Yes. And at the very beginning, when a preventive measure was determined, because Prayachev really felt very poorly even at large. He had increased weight and very high pressure. Stable, he had more than 200.200–220 he had regularly. Below 180 it was extremely rare. The defense constantly filed a petition on the basis that he had a third degree hypertension, and by decree of the Government of the Russian Federation, he could not even be taken into custody. Until the fact that in September last year the defense achieved an examination in the regional hospital, and the doctors confirmed that hypertension of the third degree. But they made many reservations that, they say, allow Paul to keep in custody.

Taiga.info: That is, they did not see a threat to life?

- No. Moreover, Podyachev shortly after the arrest, in the spring of 2015, a urological disease had occurred. From the pre-trial detention center, he was hospitalized in LIU-10 (medical correctional institution), but there they could not help him. Because they did not have equipment, technologies, people did not know how.

Taiga.info: What is Liu-10?

- This is a colony, where they are treated and under investigation, which have not yet received a sentence. A hospital for those who sit in a pre -trial detention center or in the colonies of the Novosibirsk region. He had an operation there that he did not need. It didn’t become better for him. The threat of fatal outcome arose in late May and early June last year. And the defense managed to achieve its temporary transfer to the medical unit No. 168 in the Soviet district. And there he was put on his feet. A medical miracle happened. Now we can already talk about this: the urologist told him last summer that the second miracle will no longer be. Alas, he did not happen now.

Paul was returned to a pre -trial detention center. After that, in the summer of last year, the professor and the head of the NSMU, the chief expert of Roszdravnadzor in the Novosibirsk Region Yevgeny Vereshchagin made him a comprehensive diagnosis of urology, hypertension, and other moments. He says that it is impossible to keep him in custody, since there is a threat of death. But the court consistently ignored these all and other arguments. First, at the stage of the preliminary investigation, then during the process by Judge Nosova, who is now conducting this case.

Taiga.info: So you gave a petition?

Yes, regularly and with enviable regularity, they deviated. The judge went briefly in the deliberative room and returned with the decision that Podyachev, they say, might hide (although he did not have a passport), put pressure on witnesses and so on. Standard general phrases, templates repeated in almost all decisions of ships about capture.

Shortly before his death on November 7, Podoyachev wanted to remove (but did not remove) from the stage due to illness, because he had excessively high pressure. Although actually it was a local sensation-in our country, prisoners are very rarely removed from the stage, for this you need to be completely poor.

Taiga.info: Removing from the stage - this means not to be taken to court, right?

- Yes. Do not take, for example, to investigative actions. Or in our case-to court, and leave in jail due to health status. On that day, two weeks before his death, Poyachev said: okay, let me. On November 14, a meeting was not held due to an illness of the lawyer, but Poyachev was not brought either-because of the hypertensive crisis. The condition was such that he was still not lucky. And already on Saturday, November 19, a few days after the hypertensive crisis, Poyachev had a stroke. They tried to reanimate him in the cell, but they did not succeed. He was again taken to Liu-10, where they again tried to reanimate it.

We received information that Pavel is in LIU-10 with a stroke. On Monday, November 21, the next meeting was supposed to take place, but he was not brought from the pre -trial detention center (he was in the hospital), however, without explanation. Accordingly, I immediately went to Liu-10 to contact him, see him. And lawyer Vladimir Larin came to the court and filed a petition again so that Pasha was released from custody. Larin referred to the fact that the client was in LIU-10 with a stroke. The judge again went to the deliberation room, soon returned and said that the stroke was not confirmed, let him not be brought from the pre -trial detention center, but there is no information, so she leaves him once again. At this time, as I found out in Liu-10, he was already in a coma. And in the evening of the same day he died. But we did not have information about this, as well as about the diagnosis.

Information appeared only on Tuesday. In a day. Nevertheless, we managed to force the judge to request information about Podoyachev in Liu-10, but they were ignored. The situation moved from a dead point only after the chairman of the district court took control and with the help of the chairman of the regional court outlined the data already through the leadership of the State Unitary Enterprise of the FSIN in the Novosibirsk Region. Although, I repeat, at that time Paul was already dead.

Taiga.info: And what was the position of Pokhilenko as the victim?

- The position of Pokhilenko was originally in the fact that Podyachev is a criminal, he should sit. But when it became known about the coma ...

Taiga.info: Only at this moment? Not when did he get to the hospital for the first time?

- No. Moreover, there was a moment, it is in the case file, with Tolstoy it was possible to talk to people who knew Paul. In August 2015, he was able to convince him that the whole situation with a criminal case is a global misunderstanding, and Paul needs to be released. Tolstoy wrote a huge request that he had no complaints about Paul, that Paul was not engaged in extortion, that he, Tolstoy, was mistaken that Pavel was sick, and he could not be kept in custody. And in general he asked to close the case.

Taiga.info: Is the Tolstoy petition in the case?

- Yes. However, soon Tolstoy sharply changed his position, said that he was misleading. That he signed the document without reading. Although there are testimonies of witnesses that he not only read, but even edited the text and signed it after his amendments.

Taiga.info: Let's get back to the position of Pokhilenko.

- When it became known that Podoyachev was in a coma, Paul's friends managed to convince Zhilenko to write a petition so that Poyachev was released. Not that he is innocent, but "sick, because let go." But by that time, Podoyachev was already dead, as it turned out. Accordingly, this did not matter anymore.

Taiga.info: What are your closest actions?

- Since formally the court has the right to close the case in connection with the death of the defendant, the relatives of Poyachev, his son Anatoly, will advocate the continuation of the trial. In order to achieve an acquittal and rehabilitation of Poyachev.

Anatoly will also seek the change of Judge Angelica Nosova to someone else (whether she will take a challenge or will it be made by other legal mechanisms) and its prosecution. A statement of negligence is being prepared (she ignored medical documents) and a complaint to the qualification collegium of judges.

By the way, personally, I personally believe that the shift of the judge would be in the interests of citizens, all participants in the process, Angelica Igorevna, and the court (both a particular district institution and the public institution). Suppose she will remain, bring the process to the end and justify Pavel Poyachev. Then people and bosses will arise questions to her: why did she hold a year in custody of an innocent person, even in a state of coma? Others will say: biased, “guilt”, “conscience woke up”. If the verdict is accusatory, also objectivity in doubt: they say, "covers himself." It is better not to heat up the socio-political situation in the Akademgorodok, but to make essentially a technical decision that is winning for everyone. This is my assessment judgment.

Taiga.info: When is the next meeting?

- November 28 at 11:00 in the court of the Soviet district.

Talked by Alexei Mazur