Date
Author
Андрей Бабушкин
Preserved copy
Translated material
Court: Independence beyond the face of lawlessness
Authorized person
In the Russian Federation
T.N. Moskalkova
Dear Tatyana Nikolaevna!
The verdict of the Ozersky City Court of August 3, 2017 Tsybko Konstantin Valerievich, 19 // G.R., a former member of the Council of the Federation of the Russian Federation from the Chelyabinsk region, the chairman of the All -Russian Society for the Protection of Nature (VOOP) was found guilty of committing crimes under Part 6 of Art. 290 of the Criminal Code of the Russian Federation and sentenced to punishment in the form of 9 years in prison.
Currently, Tsybko K.V. Contained in the FCU of pre -trial detention center No. 1 of the GUFSIN of Russia in the Chelyabinsk Region.
Tsybko K.V. He was found guilty that, as a member of the Federation Council, he received a bribe from Tarasov E.V. For the appointment of Tarasov to the post of head of the administration of Ozersk, as well as from Laknitsky O. for patronage in his business activities.
A thorough study of the criminal case shows that in the course of its investigation and judicial investigation there was a significant violation of human rights.
1. The court applied a double standard to evaluating evidence, rejecting a number of evidence indicating in favor of K.V. Tsybko without their assessment.
For example, the court was ignored by a video made in the premises of the Park-City hotel of 02/14/2012, from which it follows that the money was transferred to Tarasov, but he, contrary to the conclusions of the court, did not give this money.
The court questioned the testimony of all six witnesses of protection on the far -fetched basis that they are familiar tsybko.
The court did not evaluate the fact that witnesses of accusations of Tarasov, Gunin, Laknitsky acted in the conditions of a defect in will, since they had previously entered into a pre -trial agreement with the preliminary investigation authorities, were exposed in the commission of the crime, and the softness of punishment against them directly depended on the testimony of testimony in relation to Tsybko.
2. A conviction in relation to Tsybko allowed to avoid responsibility to persons who actually received fired funds.
So, in court it was established that the money in the amount of from 11 million rubles. , the receipt of which is imputed by K.V. Tsybko, in fact, received the former head of the FSB department in Ozersk, and then the head of the city of Ozersk Kalinin A.A., his adviser to S.V., former mayor of Magnitogorsk, and now the mayor of Chelyabinsk, E. Tufteleev, Tarasov EV, his civil wife I.A. Torlin The heads of enterprises involved in the theft scheme and cash flow.
Thus, the true culprits of the corruption crime, except for Tarasov, completely left the punishment. Tarasov E.V. He was released from punishment in the form of 4 years in prison, immediately after he testified regarding Tsybko.
At the same time, these funds are not returned to the budget.
3. The verdict in the verdict is the materials of listening to telephone negotiations obtained with a gross violation of the norms of the Code of Criminal Procedure and the Federal Law “On Operational Writing”. Thus, when applying to the court to receive a permit to listen to telephone conversations, the fact that K.V. was hidden. Tsybko is a bearer of state secrets, a member of the Federation Council.
4. Since the prosecution could not bring his conclusions together with existing evidence, the court decided to help the prosecution and independently changed the time and place of the crime, compared to the fact that the investigation was bored.
5. The sentenced punishment turned out to be clearly disproportionate of the dangers of an imputed act, as well as the data on the personality of K.V. Tsybko
This case caused a large public resonance, and the public of the city of Ozersk collected more signatures for the return of funds to the budget. So, on the website "Ozersk74.s OM ", a vote with registration under the petition on the return of Kalinin money was held.
When being in pre -trial detention center No. 1 of Chelyabinsk, Tsybko was suddenly transferred from a camera equipped with SNiPs, to a camera located in a basement that did not have windows in which there was no lighting, a bench and a table were broken. At the same time, in a chamber of 7 m. Sq. There were 2 people. At the same time, the Cabinet of Tsybko had a height of 2 meters and constantly smoked.
Only after the intervention of the deputy director of the Federal Penitentiary Service of Russia, part of these deficiencies was eliminated.
On October 26, 2017, having examined the petition of Tsybko to participate in the case as his defender Babushkin A.V., the court rejected this petition, indicating that Tsybko had a professional lawyer. Thus, the court ignored the norm of part 2 of Art. 49 of the Code of Criminal Procedure of the Russian Federation, which as a condition for the admission of a defender from among other persons provides for the mandatory availability of a lawyer.
The court postponed the consideration of the case on November 8, 2017.
Tsybko filed a petition for his personal delivery to the court, since in the video conferencing mode he is deprived of the opportunity to participate in court examination effectively.
However, instead, the Chelyabinsk Regional Court sent a certificate to the pre -trial detention center No. 1 that the court did not need to find Tsybko at the location of the pre -trial detention center. In this connection, Tsybko was returned to pre -trial detention center No. 1 of Zlatoust, from where he will not be able to arrive in court on November 8.
In connection with a systemic violation of Tsybko’s right to defense, Tsybko’s protection was forced to declare the allotment to the entire composition of the Chelyabinsk Regional Court.
In this regard, dear Tatyana Nikolaevna, I will be grateful if you find it possible to send to the appeal consideration of this case, which will be held in the Chelyabinsk Regional Court on November 8, 2017 at 12.00, a representative of the Commissioner for Human Rights in the Russian Federation.
A.V. Babushkin