Full -time witnesses

Witnesses in the case of lawyer Benyash managed to be in two different places at the same time

Officials from the Krasnodar administration violated the continuity of the spatio-temporal continuum to testify with respect to the battered lawyer Benyash and the rally for the abolition of pension reform on September 9, 2018.

The Kuban lawyer Mikhail Benyash was detained in Krasnodar on September 9 - before the rally against pension reform. “For me, little humanitarian aid to go to the police so that the detainees would not torture at least,” he later gave testimony in the Leninsky District Court of Krasnodar, where the case is being considered on charges of a lawyer of violence against police officers during the detention.

Judging by the shots of the DVR, the detention was more like an abduction - in the morning in the center of Krasnodar, two men in civilian clothes began to push the lawyer Mikhail Benyasha and his familiar Irina Barshatova into the car. Dmitry Dolgov and Dmitry Yurchenko turned out to be men in civilian clothes. In their reports, they pointed out that during the arrest, the lawyer bit them and struck them, and after the police delivered him to the building of the Ministry of Internal Affairs in the Krasnodar Territory, he also fought his head - first about the car door, then on the asphalt, lying on the ground. True, there are evidence of the witness of Irina Barkhatova: while one policeman held her, the other tried to wrest the phone from Benyash, strangled him, squeezed his eyes and, putting on his handcuffs, struck.

After the initiation of a criminal case under Part 1 of Art. 318 of the Criminal Code - “The use of violence that is not dangerous for life or health in relation to a representative of the authorities”, Benyash was arrested and sent to a pre -trial detention center. Later, the court decision was declared unreasonable. In total, the lawyer spent a month in the isolator.

On February 12, in the Leninsky court, the process began in the case of Mikhail Benyash. He is led by Judge Diana Belyak - the one that sent a lawyer to the insulator. At the first meeting, the defense side twice declared a discharge to the judge. And twice received a refusal.

At the second meeting, the defendant took the word, saying that a provocation was organized against him. “I claim that I am a victim here,” he emphasized, talking about what was happening after the detention.

“Yurchenko runs up, twists his hand and drags to the second floor,” he says. “They throw me at a chair in the office.” Yurchenko says: "All come out of here." Everyone gets up together and leave. I already know what will happen. Closes the door and inflicts several blows. He takes the scruff of the scruff and throws me. I fell and hit my head on the closet. "

The next three meetings interrogated the witnesses of the prosecution. The testimony of six of them - colleagues of Dolgov and Yurchenko - as “under a carbon copy”. “They pulled out“ a young man who behaved inappropriately and very aggressively ”from the car“ neatly acted, without causing any injuries or damage, ”the commander of the department of the Ministry of Internal Affairs in the Krasnodar Territory Vitaly Korostylev, police officer Eduard Fedorov, the commander of the Military District of the UMVD Nikolai Hilko, police officer, police officer, police officer. DPS inspector Konstantin Pleshkov and Alexander Blae.

At the trial, the police gave other evidence. “I saw how Yurchenko tried to constrain Benyash, and he resisted, waved his elbows, beat his feet on the cabin and driver,” said witness Vadim Danilenko. The prosecutor asked why the testimony did not coincide with the previous ones. “Even then, I hardly remembered all the moments,” the witness answered.

And witness Fedorov in his testimony was completely confused by Mikhail Benyash with his defender, lawyer Sergei Kostyuk.

When the prosecutor asked to indicate which of those present in the courtroom pulled out of the car, Fedorov thought, looking at Benyash and Sergey Kostyuk: “This or this one. Both are similar. "

At first, the interrogation of the two main “Newsmakers” of the process, the chief specialist of the public relations department of the Western Intracity District of Krasnodar Dmitry Bolbat and the chief specialist of the public security department of the Central District of Krasnodar Maxim Borisov, was not very different from what was already sounding from the prosecution.

Exactly until it found that the administration staff was exactly at the same time in another place. From the same testimony it followed that at 14.00 officials were on protest. From others - that at that time they watched how the lawyer Benyash “fought his head on the asphalt” in the courtyard of the Ministry of Internal Affairs.

The “inconsistency” was opened by the defense. Mikhail Benyash voiced that in his testimony against activists, Maxim Borisov pointed out that he was at a rally at 14.00 and 14.10.

“This cannot be,” the official reacted. - At 14.00 I was already in the police department directly. I make an error in the materials of the protocols.

- And in the case file, a legal fact is established that at 14.00 you were at the Aurora cinema.

At the trial, witness Dmitry Bolbat said that the head of the administration of the Western District of Krasnodar gave him an order to appear at the rally. Borisov admitted that he acted on an oral assignment of the first deputy head of the administration of the Central District of Krasnodar Sergey Gromyko. The service instructions, Borisov specified, contains the obligation to “monitor the situation” at rallies. The officials explained the contradiction by the mistake of the police who allowed them to sign already filled protocols with their testimony. “They showed me a person. I said that I saw him in the square, ”Borisov described the work methodology.

Mikhail Benyash, in response, read out their testimonies against the four participants in the rally on September 9, where the same time appears as in the testimony against himself.

Lawyer Benyash: Demin Vilen Nikolaevich, part 8, Art. 20.2 Administrative Code. Here, your signature?

Witness Borisov: Yeah.

Lawyer Benjash: The explanation of Borisov Maxim, who, on the merits of the questions asked, explained: “On September 9, 2018, at about 14.00 I was near the Aurora cinema in the city of Krasnodar, where I saw how an unknown man participated in an unauthorized rally.”

When the officials tried to explain the “incident” by the mistake of the police who indicated the wrong time in the protocol, Mikhail Benyash presented the court of the video from the cases of administrative offenses. They were attended by Bolbat, watching the rally. Filming time - 14.06.

The officials presented a new explanation - supposedly at first they were at the rally, and after the detentions, along with the activists, they went to the department of the Ministry of Internal Affairs, where they saw Mikhail Benyash in the yard. At the meeting, the defense party filed a request for a private resolution on the commission by witnesses of Bolbat and Borisov crime - giving obviously false testimonies. Judge Belyak refused to satisfy.

“This must give an assessment of the UK. A statement will go under Art. 307 of the Criminal Code, “knowingly false testimonies,” said Mikhail Benyash “New”. - I read this an important thing from the point of view of protecting activists.

Local governments work in conjunction with police officers, supplying the police of full -time witnesses. I want this scheme to be stopped. ”

"New" contacted the activist Wilen Demin. “Neither Bolbot nor Borisov was next to me either during the detention or after the department,” he said. “But in the testimony, Borisov pointed out that at 14.00 he saw how I waving his hands and shouted slogans.”

Based on the testimony of the official, Wilen Demin received ten days of arrest.