Everyone will sit

• The Investigative Committee responds to the complaints of beaten by the police: the use of force on peaceful protests was legitimate.
• The administrations of Russian prisons and colonies cover the torture of prisoners and extortion in places of imprisonment.

"The use of force is legitimate"

The Investigative Committee of Russia continues to persist, calling the recent protests in Moscow "riots." Even a criminal case was opened.

Article 212 of the Criminal Code of Russia is understood as “mass riots”, accompanied by violence, pogroms, arson, destruction of property, the use of weapons, explosive devices, explosives, poisonous or other substances and objects that are dangerous for others, as well as the provision of armed resistance to a representative of the authorities. ”

Video version of the program

Nobody saw the pogroms and arson on the streets of Moscow. But there was a lot of violence, and it was used not at all protesting and random passers -by falling under the blows of police batons. But, it turns out, the police can turn their hands, break their legs, beat unarmed citizens. All this, according to the Investigative Committee, is the legitimate actions of law enforcement officers. The victims of the police and the Russian Guard during shares for honest elections write so.

This situation was commented by the lawyer Tatyana Molokanova for Radio Liberty (she, in particular, represents the interests of Daria Sosnovskaya , the video with the tough detention of which was dispersed on social networks) and the coordinator of the Bulat Mukhamedzhanov Zone of Law .

Bulat Mukhamedzhanov: 15 people turned to us for legal assistance, and now statements on them are sent to the Investigative Committee. At the moment, six answers have been received, all of them from the investigation department in the Tver district and all are almost identical. As in the case of Konovalov , the Investigative Committee does not see the grounds for conducting a preliminary investigation on the statements of the victims, that is, without conducting any verification events, the SK stated that the actions of the police were legitimate. For two episodes, we have already sent complaints to the court against the inaction of the investigating authorities.

In fact, the UK self -destroyed the investigation of the episodes of the use of force by law enforcement officials at protests

When the Investigative Committee receives an application for a crime, he must conduct verification measures within the allotted time, interview the victim and police officers who took part in the detention and possible beating of this person, appoint a forensic medical study, if there is reason to initiate a criminal case, and already within its framework to carry out the whole range of investigative actions. None of this was done: in fact, the UK self -destroyed from the investigation of episodes of the use of force by law enforcement officials at protest shares.

Tatyana Molokanova: Indeed, the order is such that even oral messages are accepted by the police for consideration, and on such messages a check should be carried out. I have the statements of three victims in my production. We also applied with statements to the Investigative Committee. Today I received a response on Daria Sosnovskaya: the application was transferred to the Basmanny Investigative Department of the Investigative Committee. According to Andrei Kurgin (this is a cyclist who was beaten) and another person came to us that the actions were legitimate, no verification was carried out.

All answers are the same type, template. At first it is said that they themselves were to blame - took part in an inconsistent action. Andrei Kurgin was not brought to administrative responsibility, that is, it was not established that he participated in these shares, nevertheless, the answer is the same as for all the rest.

Maryana Torocheshnikova: And what, the participants of the action can be beaten?

Tatyana Molokanova: No, of course! In all cases, the use of force is absolutely unreasonable. Regarding Daria Sosnovskaya, caring people send many different videos. At the time of Daria’s detention, there were a lot of journalists and eyewitnesses who were filmed on cell phones, and you can trace events from the very beginning (even before the detention) until it is loaded into the bus. There were no slogans, Daria did not commit any illegal actions.

Maryana Torocheshnikova: That is, she, from your point of view, was illegally detained, and then illegally used power to her?

Tatyana Molokanova: Yes. Moreover, in one of the videos, she says: “Calm! I'm going myself,” and it is after that - a baton, a blow to the liver.

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Enjoyed by the action

Maryana Torocheshnikova: Bulat, some departmental instructions, some Russian laws established those cases when the police can beat people?

Bulat Mukhamedzhanov: There are cases when the use of force is justified. But in this case, it is impossible to say that the participants in the action had any resistance to police officers. All the applicants who work with us are absolutely peaceful people, they did not provide any resistance to the police, and all this is clearly visible in the video. That is, there was no reason for the use of physical strength, however, it was applied. We believe that there is a violation. This is at least the basis for initiating a criminal case. But there is certainly no need to count on the fact that the Investigative Committee will initiate criminal cases, so our landmark is currently a European court for human rights.

Maryana Torocheshnikova: I still want to understand what the “legitimate use of force” is, in which cases: if, for example, a person persist - stands and does not want to move, does he resist the police or not? Can they start to beat him because of this?

Tatyana Molokanova: Beat - no! There are some other ways, for example, to spend it to the place that the police need. Only if a person actively resists ... But if he simply stands, this is no resistance, and apply blows to him absolutely unlawful.

Maryana Torocheshnikova: But it is impossible to punish everyone in a row of law enforcement officers, and at those protests that took place in Moscow, it is almost impossible to identify them - the badges that they are obliged to wear in accordance with the Police Law are not visible anywhere. The Russian Guard in general, as they say, is not obliged to wear any signs, they simply are not there. On the latest promotions, almost all of them were in helmets, and some even sealed them with cling film, tinted, that is, even people cannot be disassembled. How to establish, for example, who hit your trust in your belly Daria Sosnovskaya?

Tatyana Molokanova: A person (and this can be seen in the video, in the photographs) you can see a part of the eye, not closed with a mask and a helmet, in addition, a physique is visible. And most importantly: in relation to Daria Sosnovskaya, there is administrative material where there are documents drawn up by those employees who delayed it, and the employees of the Investigative Committee should at least interview them and establish which of them hit it, at least conduct an audit, and not give an unsubscription that "everything is legitimate."

Maryana Torocheshnikova: Is it possible to achieve some responsibility from the leadership of the Moscow police, in particular, for the fact that their subordinates do not wear badges, and in the crowd it is impossible to find out who exactly waved a club, who exactly stopped the cyclist, who broke his legs to the designer who went to run?

Tatyana Molokanova: You can write and call, but not the fact that we will get a specific answer.

Maryana Torocheshnikova: But there are known cases when police officers were held accountable. How difficult is it to do this?

Tatyana Molokanova

Tatyana Molokanova: Law enforcement officers rarely issue “their own”, try to protect them, give unsubscribes. I think that public opinion, public interest will still help us establish and punish the perpetrators.

Maryana Torocheshnikova: By the way, the head of the Agora human rights group Pavel Chikov announced a reward in the amount of 100 thousand to those who would give reliable information about the people who detained Daria Sosnovskaya at this event and the online publication published the name of the alleged participant in this detention. Did you manage to check whether it really is related to the event?

Tatyana Molokanova: Daria turned to various medical institutions several times. One of the institutions, as far as I know, sent a message to law enforcement agencies that she was injured precisely by police officers. A check should be carried out, but we have not yet been informed about the results of this check.

Maryana Torocheshnikova: Bulat, you say that now the main hope of the decision of the ECHR, but for years it can take years. What can now be done by people who have suffered from a police violence?

Bulat Mukhamedzhanov: People and my colleagues still continue to write people who suffered from the use of force on shares on July 27, August 3 and 10. We advise them to contact the "zone of law". We are ready to quickly connect a lawyer or lawyer so that they conduct their business. But for this, you need to have on your hands the bodily harm recorded in a medical institution: without this it is impossible to prove the fact of the use of force.

Maryana Torocheshnikova: Tatyana, is there any point in complaining somewhere in the actions of police and the Russian Guard if they write such answers?

Tatyana Molokanova: In my opinion, it is necessary to contact in order not to allow such behavior by employees in the future.

Maryana Torocheshnikova: And due to the severity of the injury, the chances are increasing?

If they are the police violate the law, then there will be no confidence in them

Tatyana Molokanova: The chances are approximately the same. But if the law is required to observe from citizens, then first of all it should be observed by police officers who are guarding the law. And if they violate him, then there will be no trust in them. Such their behavior undermines confidence in police officers.

Household conflict

The Supreme Court of Russia also considered the case of riots this week, and the defense of the accused also claims that there were no mass riots, but there was a peaceful protest. We are talking about the Kopeyan protest , perhaps the most famous manifestation in Russia in the colony. We will definitely talk about this story, but first Ivan Voronin will talk about the events related to the incidents in another institution of the Federal Penitentiary Service, in the St. Petersburg Investigative District of the Cross-2.

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Torture in "Crosses"

The situation with Crosses-2 is told by a member of the Public Supervisory Commission of St. Petersburg Yana Teplitskaya .

Yana Teplitskaya: I and my colleague Ekaterina Kosarevskaya are engaged in checking this situation as part of my mandates of PMC members since August 8. Unfortunately, we are forced to admit that neither the Federal Penitentiary Service, nor any other representatives of the state are working with us in this, on the contrary, in every possible way impede. And what we managed to find out was done contrary to them, thanks to only prisoners.

We are just like, apparently, Gulagu.net , received the handling of photos and videos on August 6. There are two videos: one person is beaten with a stick, on the other a person is forced to apologize to the operational employee Alexander Mikhailovich, and the buttocks of a beaten person are visible in the photograph. Judging by what we managed to find out, these are three different people. We talked with all three. True, with one of them, it turns out, we spoke on July 13. It was so by chance that we came to him on a different appeal, and on the eve he was beaten in this cell.

Maryana Torocheshnikova: What do the investigating authorities say to these messages?

Yana Teplitskaya: We do not know what the investigating authorities say. On the 8th, when we came to the investigative insulator and spent the whole day there, we were not allowed to talk with those three people who were accused of beaten with sticks. We were told that they were on some investigative actions. At the same time, at that time, two of them lived in the cell for two together, that is, all the conditions were created to coordinate the positions in the case, which, probably, means that the criminal case has not yet been opened.

I can talk about the results of our test. Intermediate results are what the prisoners told us to the question "what do they beat?" In the video, apparently, glued pieces of skirting boards are beaten: this is from the words of a person who was also in this cell. In addition, there was still a stick - a stalk either from a mop, or from a shovel that beat other people in this cell. It was also filmed on the video. It is not known whether this video has been saved: none of those whom I spoke saw him, just one of those who were beaten under the video said that this was also shot.

Maryana Torocheshnikova: Did someone explain to you how the prisoners had mobile phones in the investigative insulator?

Yana Teplitskaya: The opportunity to contact the outside world is, in my opinion, it is rather good than bad. When the prisoners have no way to use the phone, torture is more likely to occur. But, I think, phones rarely get there without the knowledge of employees.

In this story, it is still important that bodily injuries on these people were recorded much earlier than any check began. The audit began only on the fact of the publication, and bodily injuries on one person should have been recorded in the isolator, it seems, on July 11, and then the ambulance in court were recorded approximately on the 13th. On the person who is beaten on the video, bodily injuries by the doctors of the pre -trial detention center, according to other prisoners, were recorded on July 20. And on another prisoner, bodily injuries were recorded when he left the investigative insulator several weeks ago. One of the people who were supposedly beaten in these cells turned to the prosecutor’s office and to the Federal Penitentiary Service with a request to transfer it from this camera, spoke about psychological incompatibility with cellmates. Moreover, he turned to the operational employee after he was beaten, asked him to transfer him, but he refused to do it and returned it back to the camera.

Yana Teplitskaya talked about the situation in the investigative insulator "Crosses-2" in St. Petersburg, where, as human rights activists found out, some of the investigators, on the direction of the administration, are beaten by other defendants. Lawyer Timur Idalov claims that this is quite common in Russia.

At the end of November 2012, hundreds of prisoners with banners: “We are killed”, “We extort money from us”, “save us!”, - crawled out on the roofs of the Barakov colony number 6 in the city of Kopeysk, the Chelyabinsk region. And, despite the fact that the head of the colony was subsequently found guilty of extortion, special forces or riot police were not introduced into the territory of the institution, and in the first days after the incident they stated that there were no riots in the colony, 14 participants in the protest campaign were found guilty precisely under the article on riots. And this week the Supreme Court considered their complaints about such a sentence. Timur participated in this proceedings.

Timur Idalov

Timur Idalov: Contrary to all the norms of law, the Supreme Court of the Russian Federation, the appeal, he violated the fundamental principles of a fair court - deprived the lawyers who entered the case: Idalov, Golenko and Sotnikov - the right to familiarize themselves with the materials of the criminal case, which is one of the obligatory signs of a fair court.

Maryana Torocheshnikova: So you have connected already at the stage of appeal?

Timur Idalov: Yes. The fact is that the situation in places of imprisonment, in particular, in IK-6 is very difficult. People before that contacted the prosecutor's office, to the PMC, but no measures were taken. Moreover, 06/19/2012 was beaten and killed by convicted Nikolai Korovkin. According to the colonel of the USB of the Federal Penitentiary Service of Russia Sergey Klopenov, as a result of corruption, the local GUFSIN of the Chelyabinsk region hid the fact of a crime.

Maryana Torocheshnikova: Did all these events outraged the prisoners?

Timur Idalov: Yes, and this was the answer to the system torture used in this colony.

Maryana Torocheshnikova: They arranged a protest. But why now they say that these were mass riots? And why did the case come to the Supreme Court?

Timur Idalov: When citizens, deprived of freedom, held a peaceful action of protest against the system of crimes committed against them, the authorities were frightened. Initially, the Human Rights Council, Fedotov and other famous personalities went there ...

Maryana Torocheshnikova: Andrei Babushkin went there and many more.

Timur Idalov: Vladimir Osechkin, founder Gulagu.net.

Maryana Torocheshnikova: Journalists were there too. And from the very beginning it was not said about the riots. When did they talk about them?

The Supreme Court of the Russian Federation violated the principles of a fair court - deprived lawyers of the right to familiarize themselves with the materials of the criminal case

Timur Idalov: I am deprived of the opportunity to get acquainted with all the materials of the criminal case, and this is about 200 volumes. I had a firm feeling that the authorities want to punish people who dared to rebel against the system of requisitions and torture. Это политически мотивированное судебное решение Челябинского областного суда. И все, что сегодня происходит в Верховном суде, не предвещает ничего хорошего.

Марьяна Торочешникова: А что именно происходит в Верховном суде? Там рассматривается апелляционная жалоба на приговор Челябинского областного суда. Этим заключенным за участие в массовых беспорядках добавили по три-четыре года лишения свободы.

Тимур Идалов: Изначально суд отказался допускать средства массовой информации, хотя была аккредитация, было одобрено ведение видеотрансляции судебного заседания, но тройка судей ВС, апелляционная коллегия, отказалась, вопреки решению Верховного суда, допустить СМИ, отказалась от ведения видеотрансляции.

Марьяна Торочешникова: Но вы же там были...

Тимур Идалов: Там были и адвокаты, наши коллеги, по назначению органов суда и следствия. К сожалению, они не проявляли такой правозащитной активности, какую должен проявлять адвокат, за исключением нескольких человек. Благодаря моему адвокатскому запросу я получил сведения о том, что произошло в колонии ИК-6 Копейска, и я предоставлял эти сведения суду на флешке как доказательство. Однако суд, не приведя мотива отказа, отказался от вызова важнейших свидетелей, от допроса полковника УСБ Хлопенова, который знал суть дела, курировал эту колонию от московского центрального аппарата. Важнейшие свидетели, которые могли пояснить обстоятельства по делу, были без мотива отвергнуты судом. Это дает все основания полагать, что суд не заинтересован в установлении важнейших обстоятельств по делу. Я ожидаю, что решение ВС, как обычно, оставит все без изменения.

Марьяна Торочешникова: Верховный суд все-таки достаточно долго рассматривал дело – провели целых три апелляционных заседания.

Тимур Идалов: Уже четыре дня с 9:30 утра мы находимся в Верховном суде. Мы пытаемся быть услышанными, но суд не слышит другую сторону. Есть состязательный процесс, есть обвинительный, есть защита, но суд все замкнул на себя, и, к сожалению, я не вижу атмосферы правосудия в Верховном суде.

Несмотря на то, что судебное следствие не было завершено, судом первой и второй инстанции не допрошены важнейшие свидетели, суд завершил судебное следствие. На прениях сторон выступали сегодня осужденные, но, на мой взгляд, это пустая имитация, сотрясание воздуха, видимость правосудия.

Марьяна Торочешникова: А что говорят осужденные?

Тимур Идалов: Они пытаются отстоять свои права, заявляют, что была мирная акция протеста против произвола властей, местных надзирателей. При этом начальник колонии был осужден к условному сроку наказания.

Марьяна Торочешникова: Денис Механов дважды осужден, и дважды – условно.

Тимур Идалов: А его тесть, Олег Каштанов, являлся одним из руководителей ГУФСИН по Челябинской области.

Марьяна Торочешникова: Мы можем только предполагать, что там произошло. Но вот то, что Денис Механов был условно осужден дважды – это факт. Факт заключается еще и в том, что его амнистировали по случаю 9 мая. А вот тех людей, которые заявляли о пытках и вымогательствах, выходили на крыши бараков с перетяжками из простыней, осудили за массовые беспорядки в колонии. И вот сейчас, судя по всему, все идет к тому, что Верховный суд оставит в силе этот приговор.