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How criminal cases of violence in police branches are investigated, and why human rights activists are suing the Moscow government

• Russian courts are appointed to people who have survived torture, very small compensation. The ECHR is much higher assesses the life and health of people.
• The police on incomprehensible grounds checks the work house "Noah" in Ivanteevka. Dozens of homeless people may be on the street again.
• Human rights activists are sued for the right of all children, and not just those who have constant registration in Moscow, go to schools and kindergartens.

Life is a penny

"Mediazona" intends to sue Roskomnadzor . The editors requires canceling the blocking of the article with the story of the investigation of torture in the Nizhnekamsk police department , after which 22-year-old Ilnaz Pirkin committed suicide. Roskomnadzor discovered information about suicide methods and calls for suicide in this publication, therefore he added material to the register of pages with prohibited information. Lawyers "Mediazons" believe that the department literally interprets the rule and delements all mention of suicide as a phenomenon.

While the Mediazon is trying to defend their right to tell people the truth about torture in the police and their consequences, the courts make decisions on compensation in favor of those who have experienced these torture, or relatives of those who were pushed to death. At least three such court decisions were made this week.

Video version of the program

In Elista, the court recovered in favor of the former prisoner 50 thousand rubles for torture in the colony. Ahmed Salieva beat and tried to strangle the junior inspector of the security department. In 2018, the court sentenced this inspector to three years in prison, and now Saliev will be paid compensation of 50 thousand rubles.

Ten times less than the Nizhny Novgorod Regional Court appreciated moral damage caused by Nizami Gasanov and Elshan Zamanov. In 2012, they were beaten in the police department, threatened with rape, demanded to sign the appearance of confession in a crime that they did not commit. In 2016, six police officers who participated in these torture condemned, but gave them conditional terms.

The third thing also led the committee against torture for many, many years, and this week it received permission in the European Court of Human Rights. The Strasbourg Court published a decision on the complaint of Nizhny Novgorod Elena Anoshina , whose brother Alexander was killed by a policeman in a medical sabotage back in 2002. Strasbourg judges found that the Russian Federation violated the right of Anoshin to life, and the investigation of his murder was carried out inefficiently. In this regard, the European Court of Human Rights awarded Elena Anoshina 36 thousand 600 euros.

The Nizhny Novgorod Regional Court appoints 5 thousand rubles to people who were tortured in the police department, and 36 thousand euros - the ECHR

The difference in the amount of compensation is striking: 5 thousand rubles are appointed by the Nizhny Novgorod Regional Court to the people who were tortured in the police department, and 36 thousand euros are appointed to the European Court of Human Rights.

The situation is commented by the head of the Moscow branch of the committee against torture Anastasia Garina .

Anastasia Garina: Practice is such that the Russian court, as a rule, is much lower than evaluate human life, suffering, health. You put yourself in the place of these people: you were tried to beat and strangle the employees from whom you cannot get anywhere, you are in the locked room with them.

Maryana Torocheshnikova: And five thousand rubles for two people - Nizami Gasanov and Elshan Zamanova? Not only that they were tortured, they were threatened, they wanted to hang someone else's crime on them. As a result, they could even be planted, since they signed the appearance with a confession. But those who tortured them give conditional terms, that is, they go free.

Anastasia Garina: Five thousand rubles are additional humiliation for applicants.

Maryana Torocheshnikova: They seemed to be indicated: "Know your place!"

Anastasia Garina: Recently there was such news. DJ Smash for beating - his jaw was broken - received compensation for 200 thousand rubles. The life and health of different people are evaluated very differently. In the Moscow region, a person in the police department was scored to death, quitting to die in the corridor. His ribs were broken, he suffocated. At least 76 strokes later counted the examination. His brother was in the police department with him and heard his brother kill. The brother received compensation for 200 thousand rubles for suffering from the loss of a relative. And we thought, what was guided by the court, counted with the "Russian truth" the virus for the murder of a free person. In Russian Pravda, she was more than the Moscow City Court established a free man, in my opinion, in 2017.

Maryana Torocheshnikova: It is believed that compensation for non -pecuniary damage should not become the subject of enrichment of the applicant. But even in order to get these 200 or 5 thousand rubles, it is first necessary to ensure that these people who torture in the police are held accountable: until this happens, you cannot count on any compensation. How difficult is it to achieve this?

Anastasia Garina: There are two types of compensation. The first is compensation for the crime itself. The second is compensation for the suffering that a person experiences in connection with an ineffective investigation. The European Court has established clear criteria for what is an effective investigation. Our Code of Criminal Procedure also established a fairly clear procedure on the investigation. But, unfortunately, in fact, this procedure is often quite different from what has established the Code of Criminal Procedure.

Initially, when the application goes to law enforcement agencies, they check it and then must make a decision: either they initiate a criminal case or do not open it. But the situation when it is not excited, then they cancel this decision, and then they check it again, they do not excite and cancel it again, it can last for years: the refusal happens 10 and 20 times. These are nine circles of hell that the applicant needs to go ....

Maryana Torocheshnikova: ... who already has already passed several circles of hell.

Anastasia Garina: Of course, torture does not increase the level of trust in law enforcement agencies, and people lose heart.

Maryana Torocheshnikova: Anastasia, tell us about the story that is now developing in Anapa. The other day in the Sakharov Center in Moscow, the Committee against torture presented the documentary "Extreme South" . I was struck by the fact that adult men who survived torture talked about what was happening with genuine amazement: "When the police began to put on handcuffs, a gas mask, I did not believe that it happens! They behaved like some Hestapo, Nazis." And there was a feeling that people first hear that not everything in the Russian police is in order.

Anastasia Garina

Anastasia Garina: How do they hear it? I hear this every day, and people, perhaps, watch TV shows about good police officers. But, unfortunately, this is not always the case. Torture is one of the routine things that people face. Our committee has existed for 19 years, and during this time we have collected quite good statistics, which is repeated in almost every region. Somewhere around 80% of all complaints about torture are complaints about torture by police officers, of which 80% are complaints about the operatives. But it is these people who make evidence on matters. And my opinion is that this is the main method of obtaining evidence in the Russian Federation.

According to our current Criminal Code, torture falls under "abuse of authority." There is a controversial legal situation. Human rights activists insist that a separate article on torture is needed. Our chairman Igor Kalyapin recently received a response from President Vladimir Putin that torture we have provided for by the Criminal Code. In fact, the word “torture” in the code is found twice: once - in order of “torture”, and torture is when one citizen tortures another.

Maryana Torocheshnikova: And this is an ordinary citizen not endowed with power.

Anastasia Garina: Yes. What does international law mean by this? One of the signs of torture is when they are used by a representative of the state, a person with certain powers, which entails both the administrative resource and access to any specific things. Of course, when one neighbor beat another neighbor, this is no torture: these are two people who are in the same weight category.

Maryana Torocheshnikova: Why knock out a confession from people if there are no guarantees that this person really committed a crime? You need to look for a real criminal.

Anastasia Garina: In theory - yes. But it's easier! It is not necessary to run and interrogate people for six months, make an apartment bypass at a 1000-apartment building, collect evidence. As it was with us, that a sincere confession is the queen of evidence, so, unfortunately, in many ways remains.

Maryana Torocheshnikova: Now they have increasingly began to speak tortures in the FSB.

Anastasia Garina: And this is a special category of affairs, because the FSB is an untouchable organization that is absolutely unattainable for justice. We have one such thing. There was a special operation in Moscow, and two citizens were beaten - father and son of the Ragimovs. There is all the evidence, but the FSB participated in this operation, and they do not initiate a matter, they directly say to me: "Since this is not a FSB."

FSB officers are checking the military investigation department, to which I have very big questions. It is believed that they make everything beautifully, answer clearly on time, even for 30 days they extend their test, but it is empty: you did nothing, you only interviewed, say, an FSB officer.

And with the Ragimovs was an amazing story. The usual investigation, checking the police officers, including interviewed the FSB officers. The person comes and says: "I am an FSB officer. I stood there, performed those functions, participated in this special operation." Accordingly, it is interviewed. We send a request to the military investigation department, and he replies: "FSB officers did not participate in this special operation." How did they not participate if they say they participated?! This is not a check, but a fiction, and quite demonstrative.

Maryana Torocheshnikova: During the work of the Committee, more terrible things met against torture. In Nizhny Novgorod, a woman was called to the police department as a witness, and as a result, a group rape occurred in which investigators and prosecutors participated ... They threw condoms from the department of the department, there were all evidence of their guilt, but did not condemn anyone.

FSB is an untouchable, absolutely unattainable organization for justice

Anastasia Garina: This is not an isolated case when there is all evidence of guilt, but they do not condemn anyone. As a rule, this is due to the fact that some kind of administrative resource wedged into this matter. The case that you are talking about is the case of Maslova. There was a rather difficult part of the rape participants.

Maryana Torocheshnikova: children of judges, prosecutors ...

Anastasia Garina: Yes, various respected people. And some of us are "more equal than others. Here you can not talk about justice.

Maryana Torocheshnikova: But, as I understand it, the committee against torture manages to achieve (often after many, many years) of some justice for those who turn to you, if not in Russian ships, then at least in the ECHR.

Anastasia Garina: We are trying to focus not on the European court, but to the national level. It would be good for something to work here.

Homeless - outside?

Dozens of homeless people who found a shelter in the "Jupe forces of the Noah" in the Ivanteevka Moscow Region risk being on the street again. To whom the work house interfered, Anastasia Tishchenko found out.

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Working house "Noah"

All in the garden!

"Subscription", long ago canceled in Russia, is still a key word for many officials in resolving certain issues. Lawyers of the Civil Assistance Committee are suing the Moscow authorities for the right of all children, and not only those who have Russian citizenship and permanent registration in Moscow, go to schools and kindergartens. The lawsuit has been going on for several years, but officials have not surrendered.

Svetlana Gannushkina and lawyer Maria Krasova , who represents the interests of the applicants in the Moscow City Court, tell the chairman of the Civil Assistance Committee.

Maria Krasova: Our legislation is pretty good, that is, every reason to take children to schools and kindergartens. But there is some kind of reluctance. Now in the courts we are faced with this justification: "If we took children with temporary registration to the kindergartens, we would violate the constitutional right of children with permanent registration." The duty of the Department of Education is to plan the necessary number of seats in children's preschool institutions and secondary educational institutions, but they do not do this.

It is not clear what the selection criterion is: they do not give us reports. Even through the court, we are not able to request official statistics by how many children with temporary registration were adopted in gardens in Moscow or the region. Moreover, children with temporary registration - obviously, these are not only refugees and applicants of our committee. I know that there are districts on the territory of Tinao where more than 300 people reach: it is clear that there are not enough at least several kindergartens.

Maryana Torocheshnikova: That is, officials simply cut off all “outsiders”, as they believe, and provide places only to those who are registered, instead of building kindergartens. So it’s easier for them to report ...

Svetlana Gannushkina: They expand the circle of "strangers".

Maryana Torocheshnikova: And what to do about it?

Svetlana Gannushkina

Svetlana Gannushkina: We can only apply to law enforcement agencies and to the judicial system. But we do not have the judicial system, it is completely destroyed. The judge openly tells us that he cannot make a decision against the state body. What independence of the judicial system can we talk about?! ..

Maryana Torocheshnikova: But when your complaint was considered in the Supreme Court of the Russian Federation, as I recall, the position of the defendants-the Ministry of Education was approximately like this: "We are not guilty. Everything is correct in the law. This is somewhere on the ground ...".

Svetlana Gannushkina: Not quite so. After all, we disputed the regulatory document - order number 32 of the Ministry of Education. And this ministry claimed that it was said not that the local education authorities read, and we, and the migration service. Moreover, in the suburbs in one place - in Losino -Petrovsky - everything was fine, they accepted to school there, and in the other they categorically refused, while referring to the migration service, which threatens them to be fined if they form children (it really was so). And there it was clear that the head of the migration department, a very lively lady, really holds everyone in fear, and all education authorities are afraid that they would be fined. And the fines for all sorts of violations have become completely offset. We have a person who was fined seven million that he will never pay.

Maryana Torocheshnikova: Now officials, investigators say now and then that the integration of migrants in the society of the country where they live is necessary.

Svetlana Gannushkina: These are empty words.

Maryana Torocheshnikova: And, it would seem, a general education - this is precisely the very path to integration. Why do they not do anything of this?

Svetlana Gannushkina: Migration Service and Education authorities execute instructions. We have any indication, as Vladislav Surkov said, is a signal that is given by power: this is the control method.

Maryana Torocheshnikova: That is, Putin gives signals?

Svetlana Gannushkina: Putin or his environment. This is quite obvious. Even the Ministry of Education ... The signal comes from another place - from where all the signals come to all the organs that must execute the legislation. Here we have a constitution, the Deputy Prime Minister told me: "Our constitution is written for citizens." This means that these people did not open it, because the constitution has a clear gradation. For example, a citizen of the Russian Federation cannot be issued or sent to another country, and a foreign citizen can be issued and expelled. A citizen of the Russian Federation cannot be deprived of citizenship. Everywhere the constitution states: "citizen", everyone - this means that everything is without exception.

Maryana Torocheshnikova: regardless of citizenship.

Svetlana Gannushkina: And we have the most friendly social article - this is an article about education. It clearly says: everyone has the right to education. The general accessibility and free of preschool, basic, general and secondary professional education in state and municipal institutions is guaranteed. The state is responsible for this. Everyone has the right to receive higher education for free on a competitive basis (but this is not done even for our citizens, this can be safely deleted).

The fourth paragraph of the 43rd article of the Constitution: the state and parents are required to guarantee that children will study. Everything is said - what else is needed? All that the ministry can do is to establish educational standards, and they must teach everyone.

Maryana Torocheshnikova: Why not let children go?

In cases of education, all Russian courts decisively refuse

Svetlana Gannushkina: They say to us: "The law is for citizens, the constitution is for citizens." Although it is not carried out for citizens. "But in fact, we will do what we were indicated. We had an installation - and that’s it: we don’t need migrants. That is, we need them, of course, but only so that we squeeze all the juices out of them so that they remove our yards, build something, but do not flicker in front of our eyes."

Maryana Torocheshnikova: "And to teach, we will not treat them."

Svetlana Gannushkina: It is amazing me that people do not think about the state at all. We are talking about some great Russia, which rose from the knees (I don’t know when it stood on them), that we are now playing a huge role in the political arena. But the best spread of influence is language and culture. How can we not teach these guys and do them - they will stay here or leave - the source of our culture?! And whether we will treat them kindly or poorly - the image of the country depends on the same. But this does not matter to anyone.

Марьяна Торочешникова: Комитет "Гражданское содействие" помогает множеству людей, которые уже много лет живут в России, для которых русский язык является фактически родным. И им через суд приходится добиваться того, чтобы им дали гражданство.

Светлана Ганнушкина: Да, любая форма легализации - через суд. И по делам об образовании решительно все суды отказывают.

Иногда нам удается устроить детей в школу. В Твери был суд, который мы выиграли, потому что дети уже учились, а их отчислили, а есть четкий перечень, когда можно отчислять детей из школы. Есть дела, которые мы выигрывали, когда по каким-то причинам родители не хотели водить детей в школы, и тут мы можем даже заставить, потому что этого требует Конституция. Но основную массу дел мы категорически проигрываем.

Еще есть одна проблема. Люди не могут попасть в школу, потому что записаться можно только в компьютере, онлайн, войдя в эту систему. И при этом вы должны указать место регистрации, а оно проверяется. И все - вы технически отрезаны от этого всего.

Иногда что-то удается. Мы предприняли такую акцию - по одной семье разослали то ли в 30, то ли в 50 московских школ просьбу: "Примите детей в школу". Одна школа отозвалась, но директор просит не называть ее имени, боится Миграционной службы, своего начальства. При этом министерство отвечает нам: "Школы автономны, они сами принимают решения". В другом случае директора школа наказали, объявили выговор за то, что она взяла детей в школу.

Maryana Torocheshnikova: And what to do about it?

Светлана Ганнушкина: А что делать с нашей страной?

Марьяна Торочешникова: Мне даже странно предположить, что вопросами устройства в детский сад и школу должен заниматься президент. This is unthinkable!

Светлана Ганнушкина: Есть такой принцип водопроводчика, который пришел по вызову и кричит: "Ваня, уходи! Здесь всю систему надо менять". Не может быть такой системы, когда чиновники, не глядя в Конституцию, не зная ее, совершенно ею пренебрегая, ждут какого-то указания из администрации президента, и это зависит от того, в каком настроении встанет президент.

Марьяна Торочешникова: Кстати, с 29 марта Владимир Путин может определять категории иностранцев, имеющих право на приобретение гражданства России в упрощенном порядке. Это потенциально касается многих беженцев, потому что этот закон разрешает давать гражданство в упрощенном порядке людям из стран со сложной общественно-политической и экономической обстановкой. Это не сигнал?

Светлана Ганнушкина: Нет. Я открою вам один секрет. И без этого закона президент у нас имеет право предоставить гражданство даже родственнице Деникина, которая не живет в стране со сложной обстановкой, но которой ему почему-то захотелось дать гражданство. А может он дать гражданство алкоголику и налогонеплательщику Депардье, бывшему большому актеру. И почему-то для этого не нужно никаких изменений в закон, потому что это действительно право президента.