On April 14, the Tverskoy District Court of Moscow rejected Konstantin Markin’s petition to return the case of his client Vyacheslav Shatrovsky back to the prosecutor’s office. He reported this.
OVD-InfoShatrovsky is accused of attacking a police officer on November 5, 2017. His lawyer points out in the petition that the materials of the criminal case contain documents that cast doubt on the objectivity of the investigation and indicate possible falsification.
For example, the investigator’s resolution dated November 5 indicated that Shatrovsky was not sent for a medical examination of his detention. But the court made the decision to arrest only two days later. “The investigator could not have known that on November 7 a decision would be made to take Shatrovsky into custody. The date November 5, 2017 on the resolution is not a typo, since Shatrovsky familiarized himself with the said resolution on November 6,” says Konstantin Markin. In the petition, he writes that when Shatrovsky familiarized himself with the investigator’s resolution, it had a different date on it - November 6, not .
because5-eThe lawyer claims that procedural documents were replaced in the case, and the case materials lack some decisions, petitions and other documents. Markin also writes that on April 3, the Tverskoy District Court found a number of corrections and changes in the case. For example, text was added to the police report indicating that the video recordings of November 5 were not preserved.
According to the lawyer, the investigation made other mistakes. In the decision dated November 5, the investigator indicated that the appointed lawyer entered the case on November 8. But this same defender participated in the investigative actions already on November 5, although no agreement on protection was concluded with her.
As Markin writes, it is not clear from the indictment at what point Shatrovsky committed the actions charged to him. “Either after the policeman demanded to see documents, or after the policeman chased after other people, leaving Shatrovsky at the bench. Thus, there are contradictions in committing a crime at the same time: either near the bench, or near the flowerbed,” he clarifies in the petition.
The indictment does not indicate a motive for the crime, the defense lawyer writes. It says that Shatrovsky had intent, but it does not indicate what it was - direct or indirect, and how this intent is confirmed. In the conclusion there is the following wording:
He humiliated the honor, professional human dignity of M.A. Pavlov, the authority of the authorities before others, causing the latter moral suffering.
The lawyer emphasizes that such a charge was not brought against Shatrovsky, but the accused cannot “fully carry out his defense, since it is not clear what exactly he must defend himself against.”
Because of this, the prosecutor's office did not send Konstantin Markin the indictment, which he requested on March 7, and did not consider the complaint that the investigator did not respond to the lawyer's requests.
“Thus, I believe, the investigative body and the prosecutor’s office have created obstacles for the accused and his defense attorney to fully defend themselves in this criminal case,” the lawyer believes.
told OVD-Info- Vyacheslav Shatrovsky claims that on November 5 he stood in Novopushkinsky Park and waited for his son to give him a bag. Shatrovsky's son, Maxim, had a conflict with a policeman. stood up for his son, and during the argument the policeman threw the man over his shoulder. Vyacheslav Shatrovsky received an open injury and multiple bruises of the soft tissues of the head. The diagnosis was confirmed by doctors at the Sklifosovsky Institute. Later, Shatrovsky was helped to remove the stitches placed in the hospital from his head not by medical workers, but by fellow inmates in the pre-trial detention center. Shatrovsky Sr. craniocerebral