The sentence of the second freshness

The decision of the judge on the new process over Ruslan Rakhaev literally coincides with the speech of the prosecutor in the old

On September 12, the Supreme Court of Karachay-Cherkessia will finish considering a complaint about the sentence to the former police captain Ruslan Rakhaev. In June, the Circassian city court considered him guilty of torture and death of 47-year-old Dahir Dzhankozov in the police department.

You say: a common story. So at first the human rights activists, whom Lidia Zhabelova, Aunt Ruslan, also asked for help, also said. Leaving, she nevertheless left them the conclusion of a forensic medical expert on the causes of the death of the detainee. “They caught up with me and asked me:“ And what does Rakhaev have to do with it? ”The woman recalls seven years later.

This is not a typo: Ruslan is continuously judged for seven years. The first sentence was canceled. According to the results of the second process, the case was returned to the investigation. The third judge again sent Rakhaev for jail - for 9 years.

“They destroyed his mother, who from the beauty turned into an old woman with sugar twenty -three. They destroyed his sister, who abandoned everything for his defense. I myself, excuse me, hidden in this matter, ”says Zhabelova.

It is not surprising that last Monday Ruslan was built for ten hours in a row constructively. Judges and even the defenders persuaded him: this is not necessary, it is enough to place accents, because the text of a detailed appeal lies before the college. He was told that the analysis would be reflected in the protocol, even if it is transmitted in writing. But Ruslan, it seems, did not believe anyone. They said to him: "You have been reading eight hours." "And you want to pick up nine years of my life!" - Rakhaev snapped in despair. And the collegium patiently listened to the simple facts that he has been trying to convey to the judges of Karachay-Cherkessia for seven years. Here they are.

Autumn 2011. Rakhaev, who has a reputation as an impeccable officer, has just moved from the Department of his own security of the Ministry of Internal Affairs in the North Caucasus to the Cherkessk police department to the post of chief of criminal investigation. On the night of October 7, several of his subordinates (he still did not even know some of them, while others already offered to look for a new job) are delayed by two tipsy men, Dzhatdoev and Dzhankinov. Dzhatdoeva is being taken to the police department, and Dzhankoyzova - to the supporting point on the outskirts of the city. There he spends the whole night with the operatives, and the next morning he is delivered to the town of beaten. Then the man is taken to the court, where he receives ten days, and is returned to the criminal investigation department. Soon in one of the offices they find his corpse.

Examinations say that a man died of a traumatic shock: ten ribs were broken and the internal organs were repaired. But he received these injuries at least 4-6 hours before his death, that is, when he was in the stronghold with operatives.

First, Rakhaev, with the filing of the investigator, who threatened him with arrest, burned out his employees: he signed the protocol that Dzhankyozov had fallen from the stairs. But subordinates did not appreciate this concern. For a few days they disappeared, and when they showed up, they gave the same testimony that Rakhaev trampled Junkezov in his office to his death, and then forced to take the corpse to their room. They claimed that on the eve of Rakhaev created an operational group to disclose serial thefts, gathered the operatives for a meeting and demanded to detain Dzhankinzov and Dzhathdoev. But in the archive of the city department there was no order to create such a group, and in the journal of the duty unit - the marks that the operatives that evening received a service weapon, as it should be when they entered the task.

In 14 investigative actions, the cousin of the head of the investigation group participated as a witness. Of the 12 records from video surveillance cameras in the ATS, only three were attached to the case. An inspection of the supporting point where Junkezov was allegedly beaten was conducted after eleven months, and the billing of the phone and accused was requested only five years later - although law enforcement officers know that this data is stored for three years.

Many of these procedural and actual claims of Rakhaev and his defenders to the investigation wandered from the process to the process (.pdf). But in the last sentence, something new was discovered. The wording of the judge seemed to be a lawyer of the Public Verdict Foundation Dmitry Egoshin and lawyer Peter Zaikin familiar - the prosecutor Soltan Makashev in the debate in the second process explained in the same way. “As he says, he writes, so we paid attention,” lawyer Zaikin told the collegium of the Supreme Court.

For persuasiveness, the defense ordered a linguistic examination. And really -

More than 80% of the text of the sentence, allegedly made by judge Rasul Izhaev, literally coincided with the debate of Soltan Makashev.

Particularly dense borrowings - with a rare replacement of verbs with synonymous - begin exactly after the words: “With the opinion of the defendant and his protection, the court does not agree on the following reasons ...” Lawyer Zaikin is convinced that this is a violation of the secrets of the deliberative room and the iron reason for the abolition of the sentence.