"God! Will you ever sit or not? "

In the courtroom in the case of a lawyer Benyash, victims of police, teleporting witnesses and secret opera, performed

The process of the process
Court: Leninsky District Krasnodar

Defendant: lawyer Mikhail Benyash

Article: Part 1 of Art. 318 of the Criminal Code of the Russian Federation ("Application of violence in relation to the representative of the authorities")

Stage: judicial investigation

Threats: up to 5 years in prison

On Tuesday, the court is scored by people - activists, journalists and defenders gather for the process of Mikhail Benyash. Every second day of the week, Judge Diana Belyak is considering his criminal case. A lawyer is accused of applying violence to police officers. The defendant himself claims that he did not beat anyone, but, on the contrary, the police used the power to him illegally.

September 9 last year in Krasnodar, a rally was held against pension reform. Before the action, Mikhail Benyash was detained by police Dmitry Yurchenko and Yegor Dolgov. The lawyer claims that Benyash went to protect people who can be detained for shares. But he and the activist Irina Margatova unexpectedly blocked the path of the gray “Mazda”, who took the lawyer and his companion to the police department. Further - courts for disobedience to the police, for organizing a rally, initiating a criminal case.

Now the court is at the stage of researching evidence. In court, Benyash himself and the victims were already interrogated. Judge Diana Belyak begins the meeting by announcing an answer that came to a request about the “Fortress” plan. This plan is introduced to protect the police from the attack. In fact, it is often used in order to prevent lawyers with detained activists.

At one of the previous meetings, the court requested an order by which the Fortress plan was introduced on the day of the detention of Mikhail Benyash in the police department of Krasnodar. The local police replied that on September 9, 2019 “in the period from 16 hours 52 minutes to 21 hours 32 minutes, in accordance with the order of the Ministry of Internal Affairs of Russia”, the Fortress plan was introduced - training.

Mikhail Benyash explains:

“The court requested an order to which the Fortress plan was introduced. The police simply referred to the order of the Ministry of Internal Affairs of Russia, and not to their own, which directly introduced the plan. Nevertheless, they said that the training plan “Fortress” was introduced on the territory of the police department. A few days earlier, Colonel Ostapenko accepted an order to enhanced measures to prevent unauthorized measures. According to this order, an enhanced regime of readiness was introduced in the police police department. ”

The lawyer believes that one contradicts the other: teachings and strengthening are fundamentally different processes.

Mikhail Benyash reads order No. 430 dated 06.09.2018 of the Ministry of Internal Affairs of Russia in Krasnodar. The people are called this document by order of the "total regime" - this is what the police themselves called on September 9. From this document it follows that the police Yurchenko and Dolgov were part of the 4 OUR mobile group along with the operatives of Kaprupa and Gibinsky. The victims - the police - previously denied this and said that they worked exclusively together. Benyash petitions for the call of Croops and Gribinsky as witnesses. The court satisfies the petition of the lawyer.

“It follows from the documents that these guys acted four, which only confirms my words that they were lying, and it was a coordinated police operation,” Benyash is sure.

In turn, lawyer Alexander Popkov reads the complaints of Mikhail Benyash to the prosecutor's office and the Investigative Committee that illegal operational-search measures were being taken against him. Then Popkov announces the answers to these complaints, which say that nothing like that.

Mikhail Benyash reads the order on the production of operational-search measures. The document was signed by the senior investigator of the Central Police of Krasnodar Sergey Mandryka, the paper was dated on September 6, 2018. A clear contradiction - documents refute each other.

Mikhail Benyash stands, bending over the next volume of the criminal case. Judge Belyak is not the first time paying attention to the fact that the lawyer announces the evidence standing: “Mikhail Mikhailovich, Lord! Will you ever sit or not? "

Benyash replies: "How many people are tormented by this question: when will he finally sit down." The hall laughs.

Within two and a half hours, Mikhail Benyash and Alexander Popkov announce and comment on the documents contained in the criminal case. The most interesting begins when the defense side proceeds to the study of the protocol on an administrative offense - for organizing a rally. This administrative case formed the basis of the criminal.

In the column “Witnesses, witnesses, victims” two female names: Elena Uvarova and Svetlana Pilipenko. Below, the registry by hand: “There were no witnesses” - this was written by Benyash. He explains: “The same witnesses are in another administrative case - in the case of activist Sergei Tymoshenko. He was detained on the same day. ” Mikhail reads the explanations of the witnesses from Tymoshenko’s case: “Uvarova and Pilipenko confirm that they were on September 9 at about 14.00 near the Aurora cinema, where the action was held against pension reform.”

That is, the witnesses were in two places at the same time: in the police department, where they signed a protocol on the “administrative” Mikhail Benyash, and on the square, where they saw how Sergey Tymoshenko shouts “anti -government slogans”.

A similar story was revealed at the previous meeting, during the interrogation of witnesses of the prosecution. Then it turned out that the employees of the city administration, Dmitry Bolbat and Maxim Borisov, who claimed that they personally saw how the lawyer Benyash fought his head on the asphalt, at the same time were at the Aurora cinema and testified against the detainees of the action.

Mikhail Benyash petitions for the call of witnesses to Uvarova and Pilipenko to court. But the court refuses this, recalling that if the defense side independently takes care of the explicit of the indicated characters to the court, then they will be questioned.

Next week, the court is already preparing to move to the debate of the parties.

Alexander Savelyev - especially for "New", Krasnodar