Torture - a lasting process

Three years there is an investigation in the case of police officers who have stubborn testimonies and their victims

At the end of 2016, Novaya wrote about the use of torture to the detained Venus Mardamshin at the stronghold of police No. 6 Neftekamsk. Then, the day of law enforcement officers, local criminal investigation police officers were celebrated on a grand scale - they twisted a man on the street, delivered to the department, where they were tortured all night with a stormhore, knocking out a recognition in the abduction of a person. According to Mardamshin, his acquaintance helped him to get home. Venus’s wife called an ambulance, and the man was taken to the Neftekamsk hospital. Having come to his senses, Venus wrote a statement about what happened in the hospital. A month later, the Neftekamsky Interdistrict Investigation Department opened a criminal case under Article 286 of the Criminal Code of the Russian Federation (“Exceeding official powers using violence and special funds”). In response, Mardamshin is again detained on suspicion of kidnapping, the recognition of which was not knocked out of him not so long ago, and by the decision of the Neftekamsk court they were sent to the pre -trial detention center for the duration of the investigation. After the wide resonance of these events in the media, lawyers appealed the decision, and on December 29, 2016, by the decision of the Supreme Court of Bashkortostan, Venus was released from the pre -trial detention center. And two days earlier, one of the defendants in the events of November 10 - the chief of the UK Ilvira Sagitov - is detained on charges of torture.

After almost three years, a point has not been set in any of the affairs. The case against Mardamshin, who is still listed as the accused, covered with a network of conflicting evidence, will not reach the prosecutor's office.

And to consider the case against the police, the Neftekamsk court completely refused.

1. Consequence

At the end of 2016, the Neftekhamsk department of the SK was investigating the case of violence by officials of the bodies. But the dynamics of the process too much contradicted the rate of distribution of public discontent not only in the city and its environs, but also outside the republic. In such a rapidly developing situation, the case is transferred to the central apparatus of the IC of Bashkiria, from that moment on Mardamshin Venus is under state protection (by the way, the abduction case is also removed from the Neftekamy investigation of the Ministry of Internal Affairs and is taken to the same central apparatus for a more objective investigation). The detention of the first suspect occurs. However, the question of detention during the investigation is considered by the local - Neftekamsk city court. And leaves Sagitov at large. True - in January after the appeal, the Supreme Court of the Republic cancels the decision of the Neftekamsk colleagues, sending the suspect to the pre -trial detention center. In July, the second person involved - subordinate Sagitov, senior operative Radim Khairullin (by the way, other police officers who participated in the incident on November 10, 2016 appeared in the investigation of the Investigative Committee - but they were taken into separate production). They are charged and transferred documents to the court - again Neftekamsky.

In parallel, the story develops against Mardamshin, and with the movement of the case against the police it is closely connected. While the investigation of the central apparatus in relation to the police is developing, the investigative actions of the Neftekamsk IC in the abduction case are also underway. Recall, it was committed in 2015, and in 2017, unexpectedly, interesting evidence is found in the case. For example, at the crime scene - at the victim’s garage, a cigarette butt occurs. The examination unequivocally indicates-the cigarette Mardamshin, but the manufacturer indicates that cigarettes with this type of filter left the manufacturer on shipment on November 12, 2015, that is, on the day of the crime of Venus accused. It is unlikely that on the same day the batch of cigarettes could have time to arrive in the Neftekamsk store with products. Also in the victim’s car they find hair, also, of course, belonging to Mardamshin. But a thorough examination indicates that this is a hair that has not fallen, but cut off the head - according to Mardamshin, that night when he was tortured. And as a conclusion to evaluate the evidence found, the protocols are signed by one of the witnesses - at the moment, the wife of Radim Khairullin, accused of applying violence.

All this time, Venus Mardamshin, who has moved with his family in Ufa, but constantly forced to attend both the investigative actions of both affairs, and friendly proposals and frankly gang threats with a demand to change his testimony are received.

In November, the process begins against two criminal investigators accused of applying violence against Mardamshin, which will last 15 meetings and seven months.

1. Court

“We were critical of this process as a whole,” explains the lawyer of the “committee against torture”, representing the interests of Mardamshin Evgeny Litvinov, “most of our petitions and bounces rejected. But still they hoped and believed in the best, especially since the evidence is more than enough. But the final decision of the court simply struck. ”

The state prosecutor insisted on the verdict with the deprivation of the freedom of Sagitov for six years, Khairullin for four and a half years. But the judge of the Neftekamsk City Court Ibrahim Dautov recognizes the use of violence against Venus, but does not consider the policemen proved by the guilt. Through appeal and three months of waiting, the Supreme Court of Bashkiria cancels Dautov's acquittal and sends the case to another judge Neftekamsk.

And here local judges are already improvised. On October 12, the presentation of the acting is sent to the Supreme Court of the Republic Chairman of the Neftekamsk City Court with a request to transfer the consideration of the case to another court. As stated in the document, the police “constantly interacted with the judges of the Neftekamsk City Court on official issues”, the repeated consideration of the case “can question the impartiality and objectivity of the actions of any of the judges of the Neftekamsky City Court” and “may serve as the reason for the statement of the challenge to the chairman for the motive for direct, personal and other interest in the outcome of the criminal case”.

“It should be noted that the defendants and their lawyers considered that there was no reason to transfer the matter,” continues Evgeny Litvinov. “In our opinion, they are obvious - three decisions made by the Neftekamsky court - in favor of the police (the conclusion of Mardamshin in custody for the time of the investigation of his attempt, the refusal to detain Sagitov and the acquittal against the police) - were later canceled by a higher authority.”

After studying the submission, the Supreme Court of Bashkortostan agreed with the arguments of the Neftekamsk colleagues, who actually scheduled in their bias and addiction.

During the triumph, the case of the abduction calmed down. He was suspended several times, opened again, in fact, two years simply lay in the Investigative Committee. All this time Mardamshin, is in the status of the accused, albeit without the election of a preventive measure. The police, appearing in the case of torture, after making an acquittal, are under the subscription about the lower room, Sagitov quit his bodies and retired, Khairullin formally remains in office, although he received removal during the investigation.

1. Expectation

Since the beginning of February, a second consideration of the case regarding the actions of Sagitov and Khairullin has begun the Yanaul District Court. In the best layout, the verdict can be carried out in October.

After two years of silence, in the summer, after one of the court sessions over the police, Mardamshin warned that he would soon receive an indictment in his case. And so it happened, the investigation of the abduction is completed. And there are new circumstances. The main Alibi Venus - at the time of the crime, he was in Udmurtia, which is confirmed by the requested telephone billing and 8 witnesses - questioned. The expert considered that the signal of the phone, which was 40 kilometers from Neftekamsk, could also receive city towers. Before you get to the court, this case should undergo an audit of the prosecutor's office, but so far there is no data that it is generally transferred there. “Waiting for how the case will end against the police,” Venus Mardamshin himself draws the parallel. - From what the sentence will be, the position that should be occupied with respect to me will become obvious. If the verdict is soft or acquittal, then the police (or unidentified persons in the police station on the night of November 10) did everything right - they “pricked” the criminal, investigating the case. Only who, after all this dirt, now needs the results of such a consequence? ”