“I realized that we can expect the worst from a person - it doesn’t matter whether he is in shape or not.” The ECHR made a decision in favor of the victims of Major Evsyukov

The European Court of Human Rights (ECHR) satisfied the complaint of three victims as a result of the shooting at the Moscow supermarket "Ostrov", which was arranged in 2009 by Major Denis Evsyukov. In Strasbourg, they decided that, having accepted the future killer to serve in the police, the Russian authorities violated Article 2 of the European Convention, which guarantees the right to life.

The European Court of Human Rights (ECHR) satisfied the complaint of three victims as a result of shooting at the Moscow supermarket, which was arranged by police major Denis Evsyukov. They received serious injuries, but the authorities refused to pay compensation, and the Russian courts sided with the Ministry of Finance and rejected the claims of the victims. The judges then concluded that the state was not responsible for the actions of Evsyukov, since at the time of shooting he was not in execution and was outside the police department. After a positive decision of the ECHR, other victims can also apply to Russian courts, lawyer Irina Khrunova, representing one of the applicants, believes.

"Island", April 27

On the night of April 27, 2009, the head of the Tsaritsyno Department of Internal Affairs Major Denis Evsyukov celebrated his 33rd birthday in the Avignon cafe. The night before, he quarreled with his wife; Returning home from the cafe, the policeman put on and left. Evsyukova’s mother later said that around midnight the daughter -in -law called her and said that Denis "began to lead herself strangely, dressed the tunic and went to work."

It is known that then the policeman caught a taxi, drove to the Borisovsky passage, shot the driver Sergey Evteev from Makarov’s pistol and walked to Shipilovskaya Street. On the way to the supermarket, he shot at passers -by: at Anton Kondakova - three times, in Evgeny Samorodova - twice. At about 00:40, Evsyukov went through the Zyablikovo garage cooperative, shooting three times at a passerby Sergey Lavrinenko - he managed to evade the shots and run away.

Finally, the policeman came to the Ostrov supermarket. There were several young people at the entrance. First, the major shot in the air; Someone asked him: "What is the matter?" After that, Evsyukov shot Ilya Gerasimenko twice twice and once in Alena Dudal, Louise Salikhov, Olga Ivanov and Olga Bednov.

At about hour in the morning, Evsyukov entered the store. Having met Nadezhda Polibin and Sergey Tyukhtiya near the Pharmacy Kiosk, he shot a man from his back; The bullet hit his jaw. The major forced the polybin to go to the floor, and then lifted it and led it in front of him, hiding behind a woman. So Evsyukov went into the trading floor. There he shot Casser Elmir Tourduev; Her death from through wounds of the chest and neck stated in an ambulance. Gulzina Marasulova, who was sitting behind the neighboring cash register, ran to the hall, where she met three customers. The cashier told them that "people are killed in the hall, and we must run away."

After that, Evsyukov’s employees of the supermarket Genghis Alimirzoev and January Nuraliev came across. The policeman shot at them, but the gun gave an misfire. Polibina also managed to escape: when the major put a gun to her right temple, she pushed him away and ran away.

Then Evsyukov noticed that people from the "island" run out of the "island"; Having caught up with them, the major began to threaten a gun and demand the “most beautiful”. Svetlana Farzalieva spoke with him, who tried to convince the major that she could give him all the money from the cash register and asked not to kill anyone. Evsyukov replied that “he needs not money, but brains,” and dragged the woman to the wall.

At this time, at the crime scene, operatives of the Zyablikovo police department Evgeny Yashkin and Evgeny Fomin appeared. They told Evsyukov to abandon the weapon; In response, the major shot several times towards colleagues. After that, the police detained him, knocking out a gun from their hands.

Police officer Alexei Yashkin, who participated in the detention, recalled that the major said: “If I had a machine gun, it would be more fun”, and when asked why he opened shooting, he answered: “We need to live life so that he doesn’t want to live a second time.”

At about 1:27, Vladimir Pronin, who led the Main Directorate of the Moscow Police from 2001 to 2009, reported on shooting at the Island. An hour later he was at the supermarket - he was reported to the "mental disruption of Evsyukov." Pronin went to the Zayblikovo police department, where he talked with the detained major, he "cried and began to talk about complex personal life and problems in relations with his wife and father -in -law." Almost a year after the shooting, Pronin admitted that at the conversation “in the hearts”, Evsyukov asked why he did not shoot himself after the perfect. In an interview with journalists, he called the major “scum.”

However, in the evening of April 27, Pronin said that the major was characterized only on the positive side and was a “good operative”. According to his version , "the cause of the incident was a mental disorder associated with troubles in his personal life." The next day, Pronin was removed from office.

The New Gazeta wrote that Evsyukov grew up in the policeman's family and called him Pronin's “nominee”, although the latter denied it; According to the newspaper, he was a member of the Kursk clan - previously Pronin headed the Kursk Department of the Ministry of Internal Affairs. After transferring to Moscow, he “took several fellow countrymen with him,” including Victor Evsyukov’s father. At the hearing in court, he said that his son "Denis achieved [in total] with his labor, and not as the media wrote."

In the conclusion of a psychological and psychiatric examination , it was said that in childhood Evsyukov was treated in a children's psychiatric hospital No. 6 in Moscow; From there he was prescribed with a diagnosis of “pathological development of a person from a circle of mosaic psychopathies on an organic background”. During the treatment, doctors described it as a “annoying”, “boring”, rigid and inclined in everything to insist on his own; His fixation on his own personality and irritability was also noted. Due to frequent conflicts with classmates in the seventh grade, the boy was transferred to another school. In 1992, Evsyukov was released from exams in the ninth grade due to Cerebrasthenic Syndrome.

Lawyer Igor Trunov, representing the interests of the victims,noticed that, with admission to the Departmental Institute of the Ministry of Internal Affairs, the future major began “another biography”. “Denis Evsyukov is a polite, fit, disciplined, erudite, psychologically stable,” they concluded at the university.

“Then, due to career growth, he was given another characteristic. It was a completely different Evsyukov, he noted a large managerial potential, and in general he appeared as the best student of the Institute of the Ministry of Internal Affairs and the personnel hope of the department. He will then tell the psychologists how he did not want to go to work in the police, and that he obeyed his father in vain, ”Trunov said. In 2002, Evsyukova was awarded the sign “Best Crime Police”, in 2005 - the medal “For Distinction in the Service”. Psychologists and psychiatrists in conclusion noted that the promotion-in November 2008, Evsyukov became the head of the Tsaritsyno Department of Internal Affairs-caused him emotional stress.

In a conversation with specialists, the major called his condition during shooting at the supermarket “inexplicable for himself.” Evsyukov partially recognized his deed, but said that “he could not feel guilty,” because what happened does not fit into his ideas about his own personality. He noted that he had forgotten the events of that night, and with irritation insisted that “it was not just a dull position,” although he was not believed.

On February 19, 2010, the Moscow City Court sentenced Evsyukov to life imprisonment. He was found guilty of paragraphs “A”, “B”, “E”, “and” part 2 of Article 105 of the Criminal Code (the murder of two or more persons committed in a generally hazardous way from hooligan motives), Article 317 (an encroachment on the life of a law enforcement officer), paragraphs “A”, “E”, “and” part 2 of article 30 of the Criminal Code (attempted murder), as well as part 1 of article) 222 (illegal storage of weapons). The court excluded only one episode from the prosecution - on the acquisition of weapons. The investigation could not establish where and when Evsyukov had a pistol, because of which the court could not determine whether the statute of limitations for this episode expired. It is known that since 2000 the pistol has been on the federal wanted list after the theft from the North Caucasus Department of Internal Affairs in transport of the Rostov region.

The injured in the case of Major Evsyukov took place 28 people. Two of them - Sergey Evteev and Elmira Turdaliev - were killed; Seven - Alena Dudal, Ilya Gerasimenko, Sergey Tyukhtiy, Louise Salikhova, Olga Bednova, Anton Kondakov and Elena Samorodova - wounded.

Shot in free time from work

On April 27, 2009, returning home from figure skating training, 19-year-old Alena Dudal met friends at the Ostrov supermarket-her peer, Ilya Gerasimenko and 20-year-old Louise Salikhova. “This supermarket was the only night on the way home. We met, talked purely by accident-we did not agree on some kind of meeting, to walk somewhere. It’s just by chance that at some point they all turned out to be together at the same time, ”Alena recalls.

Young people stood at the entrance to the store. Alena did not pay attention to Major Evsyukova: the girl stood facing the door of the supermarket, the policeman was approaching behind. “He silently approached, silently took out a gun and began to shoot. From the shock we did not understand what was happening until large puddles of blood appeared, ”says Dudal. - When Ilya fell and began to bleed, probably from that moment everyone began to scatter in different directions. There were a lot of people there, but they did not understand what was happening. It seemed to them that someone was exploding firecrackers. But when they saw this panic with blood, everyone also ran. ”

Evsyukov wounded Alain in the left shoulder blade, damaging the cervical vertebra. Louise Salikhova was injured by the jaw, and Ilya Gerasimenko was wounded in the head and torso - they never pulled out a bullet at the heart, and rehabilitation took about a year from the young man.

Alena Dudal underwent two operations and restored for a long time. According to her, for three years after the incident she was tormented by severe pains: “I was constantly sick: I was sick for a month, a week is normal, and again I was sick for a month, because any contact with the cold, the wind on the back, to the neck, that is, the inflammatory process of the body. Now I’m sick less often, but still the pain is somewhere, I can’t lift the severe. ” The wound received prevented Alena from continuing his sports career.

“Naturally, I found a job, but since every organization is not very fond of when an employee is constantly sick, I had to change several organizations. Now, of course, I am easier. I found a job, but with a frantic rhythm of work I exhale very quickly, ”says Dudal.

After shooting at the Island, representatives of the Ministry of Internal Affairs did not bring her any apologies, but a few months after discharge from the hospital, threats began to come - this lasted about a year.

“The threats began when we accidentally found ourselves near this supermarket. A car drove up with people some incomprehensible. I vaguely remember what happened at all, because when you are afraid, fear envelops you so much that you do not understand what is happening and what they say. And then the threats on the mobile phone, ”the girl says. - I changed my phone many times, and still found my mobile phone, although no one knew about it. When calls to a home phone began, we have already filed in court. ”

She clarifies that the threats came from the same person: “He did not seem to be, but this voice, it seems to me, I remembered for life and recognize him, even if, God forbid, some calls will begin.” The unknown demanded in court "not to say anything, as if there was nothing, as if everything had dreamed, it seemed." The threats ceased only after Dudal announced its fears to the judge who conducted the process against Evsyukov. The defendant himself said that he did not know who could call the girl.

Later it turned out that they were threatened by other victims - Salikhova and Gerasimenko, but they did not publicly publicize these cases.

The first time after shooting at the supermarket Alena Dudal at the sight of police officers (and after the adoption of the law “On the Police” in 2011 - police officers) began to panic. “There were such moments when you go to the subway along the escalator and see a person in a form in front of you, who begins to swarm in your pockets. The reaction in his head worked instantly-that he would now get something from there and begin to shoot. At first, there was a very strong fear, to inadequacy. Now not so. A little [calmer]. I just realized that we can expect the worst from a person - it doesn’t matter whether he is in shape or not, ”Dudal states. Alena’s condition confirmed the polygraph tested in November 2010.

In the fall of 2011, she filed a civil lawsuit against the Ministry of Finance on compensation for moral damage caused as a result of the attack of Major Evsyukov. Dudal filed a lawsuit for 1 million rubles, but in December it was rejected, and later the Mosgorsud approved this decision.

Alena recalls that mainly representatives of the Ministry of Finance in court did not show emotions, but she still remembers some statements of the defendants. “There were many such moments in court. Such words sounded, I remembered very well, [the representative of the Ministry of Finance] said: “Well, we did not ask him to do this,” says Dudal. - The state tried to take responsibility for its employees. I just don't understand why this is happening. Although everyone unanimously shouts: "Yes, here we are the state, all good, we will save everyone, we will help everyone." But it turns out, in fact, on the contrary. ”

According to the lawyer of the international human rights group "Agora" Irina Khrunova, who represented the victim, Evsyukova was convicted as a private person who was not related to the police at the time of shooting. “That is, he is an employee of the police, but the crime has committed time in his free time. And when we applied for compensation from the state, the court told us that compensation was not entitled to you, contact Evsyukov himself, perhaps he can pay you something, but the state has nothing to do with it. That's how Tverskaya District Court answered us, ”says the lawyer. - We did not agree with this, because we believe that he committed a crime as a police officer. All the victims were exclusively perceived by him. ”

Gerasimenko and Salikhov also refused compensation by the state. Prior to this, the court granted their claims to Evsyukov himself for compensation in the amount of 370 thousand rubles Gerasimenko and 270 thousand rubles Salikhova. However, according to Khrunova, they did not receive these amounts. “As far as I know, Evsyukov has no property. He is life -convinced. We do not work for lifelongs and do not receive income, and no victim will receive anything from Evsyukov, ”the lawyer concludes.

After the failures of Russian courts, the victims of Dudal, Gerasimenko and Salikhov appealed to the European Court of Human Rights.

The negligence of the authorities

Gerasimenko and Salikhov, represented by lawyers Lyudmila Ayvar and Igor Trunov, filed complaints with the ECHR in 2010, and two years later Dudal sent a similar complaint to Strasbourg. The appeals of Russians were combined into one production.

Gerasimenko and Salikhov regarded the actions of the Russian authorities as a violation of articles 2 and 13 of the European Convention on Human Rights (the right to life, the right to an effective means of legal protection). In their opinion, the authorities did not defend their lives when they accepted Evsyukov in the police, while ignoring the data on his unsuitability to the service, and rejected the lawsuit of compensation for damage to the state, although the crime became a consequence of the negligence of its representatives.

Dudal also talked about violation of Article 2 of the Convention, since the actions of Evsyukov qualified as an attempt on murder. In case the ECHR would not agree with such an assessment of events, in her statement she also indicated an alternative - Article 3 of the Convention (ban on inhuman circulation).

“Since she remained alive, the court could consider this issue under Article 3 of the Convention. Бывают случаи, когда человек остается жив, но все равно суд рассматривает по статье 2, потому что была опасность смерти в момент причинения вреда», — объясняет Ирина Хрунова позицию доверительницы.

Пострадавшие в супермаркете настаивают, что власти несут ответственность за стрельбу, поскольку Евсюков был одет в служебную форму милиции и стрелял патронами, которые принадлежали МВД. Государство ответственно и за то, что Евсюкова взяли на службу в милицию, а затем повысили до начальника ОВД, несмотря на зафиксированную в документах историю болезни. Прием на службу открыл доступ для него к огнестрельному оружию. Дудаль в своей жалобе ссылалась, в том числе, на статью 1069 Гражданского кодекса, согласно которой вред, причиненный гражданину в результате незаконных действий должностного лица государственного органа, возмещается за счет российской казны.

В 2014 году жалобу троих потерпевших коммуницировали — ЕСПЧ запросил у российских властей материалы расследования дела в отношении Евсюкова и задал вопрос правительству страну.

«Вопрос, который стоял перед государством — входят действия майора Евсюкова в зону ответственности властей или не входят? Он выступал как гражданский человек или выступал как должностное лицо? — поясняет Хрунова. — Как утверждает правительство, преступление было совершено Евсюковым в нерабочее время и не при исполнении своих обязанностей. То есть правительство считает, что он совершал преступление не как милиционер». Также в ЕСПЧ попросили объяснить, на каких основаниях заявителям отказали в выплате компенсации государством.

Юрист полагает, что положительное решение ЕСПЧ позволит другим потерпевшим по делу Евсюкова добиться от государства компенсаций. «Думаю, что, если решение будет в нашу пользу, многие потерпевшие воспользуются решением Европейского суда как таким прецедентным решением. У меня есть еще два потерпевших, которые сильно пострадали, тоже получили серьезные телесные повреждения. Я думаю, что они, уже имея это решение на руках, тоже пойдут в суд», — заключила Хрунова.