"There is no lumen." How the prosecutor's office is mocking a blind disabled person

A disabled child of vision Peter Petrov never studied at school, he cannot read and write. The remnants of vision allowed him to navigate in the familiar space, but after four months there was no left in the pre -trial detention center - from the disabled person of the second group, he turned into a disabled person of the first group.

Petrov was accused of robbery, committed by a group of persons, for participating in which he was threatened up to seven years in prison. According to the investigation, at the time of the crime in a rather crowded place, he "watched the environment and had a moral impact on the victim Vasiliev." The victim had stolen two mobile phones worth 500 rubles each and a thousand rubles. "Having shown the moral pressure" Petrov and robbing Vasiliev Magomedsharipov was put in a pre -trial detention center. And the investigation, and the prosecutor overseeing the case, and the judge, who sent Petrov behind the bars, knew perfectly well that he simply could not physically see what was happening physically, but still kept him in custody for four months, leaving without the necessary ophthalmological assistance and treatment.

In November 2017, the judge of the Grandmother's Court of Moscow decided to allocate Petrov’s case in a separate proceeding, since "the indictment was drawn up in violation of the requirements of the law and contains contradictions." In legal language, this means that the prosecutor's office was given the opportunity to preserve the "honor of the uniform": to fix the mistakes themselves and stop the persecution of the innocent.

Immediately after the trial, Petrov took a subscription about the lower -off wizard. And then they just forgot about the blind guy. The Petrov family has been waiting for the prosecutor's office for five months and cannot leave Moscow because of the subscription. In the city of Kuvondyk, which is 200 km from Orenburg, they have a house where they have not been a year and a half.

Petrov’s rights are not restored, unlawful activities of officials are not suppressed

"To protect the rights of a citizen with disabilities, the Office of the Commissioner for Human Rights in the Russian Federation, was forced to contact the prosecutor's office of the Grandmother's District of Moscow. However, there have been no proper assessment to the appropriate circumstances, it has not been taken by the measures to eliminate the committed violations, the rights of Petrov have not been restored, the unlawful activities of officials have not been suppressed, the deputy head of the deputy head said in the official appeal of the head of the head The person of human rights in the criminal proceedings of Nemchenkov to the general prosecutor Yuri Chaika.

"You can’t do anything"

The fact that not everything is in order with their boy did not understand immediately: he was well oriented at home, played with the boys in the courtyard in football. But from the first grade of the school he had to be taken away, because Petya did not even see anything from the first desk. It was impossible to adjust the vision with glasses, nor the lenses, nor the operation - the doctors said that Petit had retinal detachment, an incurable disease, and nothing can be done. In the best case, try to "slow down" the onset of blindness. Parents were with him in all the ophthalmological clinics of the country, even at the healer were treated, for which he had to sell the house, but the guy had only fallen with the guy.

In Moscow, Peter and his wife Alena arrived in 2016 for examination and treatment at the MNTK named after Fedorova. “We hoped that some medicine suddenly appeared or came up with a new technology, and this somehow would help Pete,” says Alena.

Their stay in Moscow was delayed, Alena found a job, and they were looking for a separate housing

But Petrov’s hospital was not put, saying that he could come to the procedures during the day. Petya and Alena settled with relatives, in the same place, in the yard they met Rustam Magomedsharipov. He himself comes from Ukraine, lived with his acquaintances in the same house as the relatives of the Petrovs. Their stay in Moscow was delayed, Alena found a job, and they were looking for a separate housing. Magomedsharipov said that he just has a friend who rents an apartment, and he can help them: they say, residents do not pay her on time and she is looking for new ones. It was too late, Alena went home, Rustam promised to spend Peter later to the apartment. At that moment, the same friend with the apartment called Magomedsharipov, and he said that you can meet with her right now and discuss everything. The two of them went to the meeting.

Further, according to investigators, "at about half -the first night Petrov and Magomedsharipov saw the previously unfamiliar Svetlana Vasilieva." As follows from the indictment, "as a result of a sudden intent, Petrov, together with Magomedsharipov, fucked a bag belonging to Vasilyeva as an object of criminal encroachment." Further, the document says that Magomedsharipov hit Vasilyev from his back with his fist “in the temple and the jaw area”, and when the victim fell from the blows, he inflicted at least four strokes “to the body of the body”. The bodily harm caused did not result in a short -term health disorder. "According to the criminal role assigned to him, Petrov stood in the immediate vicinity of the victim, observing the environment and having a moral impact on Vasiliev, due to their numerical superiority, thereby facilitating the unhindered seizure of property," follows from the indictment.

Peter immediately said that a visual imprisonment, and showed a certificate

“I heard the cars drove, heard that people were walking, we were not far from the metro, where there were a lot of shops, then Rustam came up to me and pulled me by the sleeve like a little dog, dragged me to the road, to my question, what the hostess said, he did not answer anything,” Petrov recalls that night. The beaten and robbed woman immediately called the police, Magomedsharipov and Petrov were detained at the nearest traffic light. The injured Vasiliev during interrogation said that she was not familiar with Petrov and he did not beat her. Peter immediately said that the visually impaired, and showed the operatives a certificate, he was put in the car and drove somewhere.

“Then they brought them out of the car, they said to sit down and stretch out his hand,” Peter recalls. So in a criminal case about a group robbery, the main document appeared - a protocol of inspection of the scene of the incident, from which it followed that allegedly Petrov personally indicated where the case was and where the stolen mobile phone was thrown. And this protocol claimed the investigation, Petrov himself read and signed. Three doctors later confirmed at the trial that Petrov could not physically see the robberies, much less to read the protocol, because he did not see, but could not read and write. Radio Liberty wrote in detail about this story in November last year.

They took advantage of blindness

While Peter was in the investigative isolator, his relatives and lawyer wrote to all instances. The complaint about the illegal persecution of a blind disabled person was under control in the apparatus of the Commissioner for Human Rights.

“At the hearing, the charges against Petrov sprinkled like a house of cards,” says Lyubov Morozov from the apparatus of the Commissioner, who was personally present at the trial. - It became obvious that the investigation, knowing perfectly about Petrov’s physical condition, took advantage of his blindness in his interests in order to “reveal” the case under a more difficult article. Peter did not even provide a lawyer and did not explain what they would do with him when they took him to the crime scene. The prosecutor, who oversee the case, ignored the information about the disease, as well as “did not notice” the gross violations of federal legislation and did not take any measures to eliminate them at the pre -trial stage of criminal proceedings.

At the trial, the injured Vasilieva admitted that she was familiar with Magomedsharipov and he gave her money. It also turned out at the trial that at the time of the fight, she was a suspect in the criminal case of drug distribution. By that time, Vasiliev had already been convicted of 8 years in prison and brought to the grandmother's court from the colony, where she was serving her deadline.

The judge gave the prosecutor's chance to save the "honor of the uniform", highlighting his business in a separate production

- At the trial, it became finally clear that he did not commit any of what Petrov accused of and must be justified. Four months spent in the pre -trial detention center did not go in vain for him, Petrov lost his vision residues, on VTEK he was given the first group of disability. But the judge gave the prosecutor’s chance to save the “honor of the uniform”, highlighting his business in a separate proceeding to eliminate all identified violations. In fact, this is the same acquittal, in most cases, the criminal prosecution after that is terminated and the victims of illegal criminal prosecution receive the right to rehabilitation, ”Morozova explains.

"Thoughts stupid climb into the head"

For five months now, Peterovs have been spent evenings by candlelight. But the point here is not at all in romance: relatives, having temporarily left for Ukraine, allowed them to live in their apartment, where there is no hot water due to non-payment of utilities and the light was disconnected. Four months ago, Peter and Alena had a son Alyosha, an absolutely healthy baby. They go to the toilet with a candle, they also bathe the child with candles in the evening, after heating water on the stove. As a disabled person of the first group, Peter receives a pension of 8 thousand rubles and a benefit for the baby - another 3.5 thousand rubles. In the apparatus of the Commissioner, they collected the "attached" for Alyosha, otherwise they would have had nothing for him at all.

- We all expected that now, after the trial, they would finally close the case, and we could go home. Every day we run to the mail, we are all waiting for the agenda to the prosecutor’s office, we call the investigator, but neither an answer nor greetings, ”says Petrov’s wife, Alena. -The hosts will return, and we will need to move somewhere. But where do we go - to the station? If with Petit they even removed the restriction on the recognizance of the departure from Moscow, we could find something in the far suburbs, but with light and water ... this cannot be called life, and you can’t call survival anymore, there is no strength left for anything, hopes for justice too.

Peter’s psychological state is even worse.

They mocked me as they wanted, and now no one wants to be responsible for this

- I almost do not sleep at night, all the stupid thoughts climb into the head: take and open. Because of me, an innocent child suffers in anything, but I can not change anything. They mocked me as they wanted, and now no one wants to be responsible for this. They simply “forgot” about me, probably because they can’t figure out how to get out of the current situation, ”says Peter. - Relatives helped us as much as they could, but they have a lot of their problems. And I can’t even pay a lawyer. We barely have enough for us to survive. The situation is all, there is no lumen, I really do not understand how to live on.

According to the Russian Prosecutor General Yuri Chaika, in 2016 only four cases were instituted under Art. 299 of the Criminal Code of the Russian Federation (on illegal criminal prosecution), although for the same period eight thousand people received the right to rehabilitation for illegal prosecution, and one and a half thousand of them were in bars. According to the Supreme Court of the Russian Federation, in 2017, the courts considered about 958 thousand criminal cases in the first instance, of which 744 thousand (77.6%) were convicted, 202 thousand (21%) cases were terminated, 2.9 thousand (0.3%) were issued excuses.

All participants in this investigative prosecutor's community must sit in the same cell

“The trouble is that our courts, which, by law, are an independent branch of power, are de facto inextricably linked into a single whole with our law enforcement system: according to consciousness, mentality, previous work experience,” says lawyer Alexander Ostrovsky . - In the history of Petrov, I see several corpus delicti: the obvious attracting of the innocent, the abuse of authority, etc. The judge was obliged to interrupt this vicious circle: at first the one who himself pretended to be blind and sent the blind in custody, then the second judge, who instead of justifying Petrov and sending the prosecutor to prosecute all the perpetrators in this situation, He launched the case on the brakes, returning it to the prosecutor, that is, giving them, as they say, to remove their shit behind them without any consequences for a career. I believe that all participants in this investigative prosecutor's community should sit in the same cell. Although the Ministry of Internal Affairs has been reporting for several years that the “stick system” has been eliminated, in fact, the main indicator of their work is the number of cases disclosed and transferred to the court. The quality of the disclosure does not bother anyone. Therefore, it is much easier to plant a blind disabled person and finally ditch his life, letting his family around the world than to be introduced into the gangs of drug dealers and perform other exploits that we are told about in detectives and showed in the series.