The court started

As an innocent, they try to put twice in the same

On October 3, 2019, Zhenya Ignatov, the hero of our publication “Sit, you have a little left”, was released. He spent 7 years in a maximum security colony, although the police who tossed the drugs were convicted of this back in 2016.

Police stored in the gym of one of the administrative buildings of the Main Directorate of the Ministry of Internal Affairs in the Smolensk region "16 types of narcotic drugs (...) with a total mass of more than 240 grams!" - So established the investigation. When the gang was arrested in uniform, three out of five were concluded a pre -trial agreement and partially testified about how the materials were faked, the signatures were falsified by the testimony of witnesses during the factory of Ignatov’s criminal case.

In March 2018, a court took place, on which it was proved: Evgeny Ignatov, who was serving a sentence under Article 228 of the Criminal Code of the Russian Federation (“Illegal Turnover of Drugs”), is innocent. And the prosecutor's office demanded to revise his verdict, but the regional court did not send the case for a revision to the first instance, but simply reduced the sentence for three years ...

That is, the innocent was supposed to sit in a maximum security colony of 14 years, and now - 11.

But he was released, having served seven. And the words of the Zhenya, infinitely happy on this day, Vasily Ignatov, who previously received in response to thousands of his appeals to different instances, it is important to repeat today: “Today I want to thank the Commissioner for Human Rights in the Russian Federation Tatyana Moskalkova today. She is the only one who heard us and responded. After her appeal to the Prosecutor General’s Office, a commission was sent from Moscow, and everything went differently at once. The Smolensk prosecutor's office was obliged to endure the conclusion on the resumption of proceedings in the criminal case within the prescribed time due to the newly discovered circumstances. I want to thank the employees of Tatyana Moskalkova: they called me when the case was drawn because of the regional court, who did not want to do anything, supported, said that everyone was in control, their son would be released. Eugene is at home, emotions are overwhelmed! It is impossible to convey what I feel.

Thanks to your newspaper - the publication accelerated the release. Thanks to the lawyer of the fund for supporting crimes to Alexander Koshkin, who helped a lot. ”

In the publication about the event “Well, and let's go from here. Zhenya Ignatov was released to freedom. ”Alexander Koshkin shared his forecast of the further development of events:“ On September 26, 2019, the judicial board for criminal cases of the Supreme Court of the Russian Federation with a cassation ruling canceled the verdict and all subsequent decisions adopted in relation to Evgeny Ignatov. And transferred a criminal case for a new consideration to the first instance. The Supreme Court also changed the measure of restraint to Evgeny Ignatov to a recognizance not to leave, in this regard, he was released from guard. (...) I expect two solutions (...). The first - the prosecutor's office refuses the prosecution, and the criminal case is closed without court hearings. The second option is an acquittal in the court of first instance. ”

But in any case, the case was supposed to be decided, if not one day in the court of first instance, for a maximum of two or three meetings.

What else to consider there? Everything has already been considered, revised, said. A person was taken away by 7 years of life.

It is urgent to remove the criminal record, decide on rehabilitation and payment of monetary compensation.

The hearing was scheduled for October 12, 2019. Then he was moved to the 29th month. On the eve of this day, Zhenya wrote to me: “I hope that the prosecutor’s office will refuse to charge, but everything can be in Smolensk !!!”

Everything happened. No one was going to refuse anything, the prosecutor's office read out the prosecution of seven years ago Ignatov and asked to interrogate all the witnesses in the case ...

The next meeting was scheduled for 9 hours 30 minutes 12/19/19. Together with lawyer Alexander Koshkin, we went to Smolensk.

The court is open. Not for everyone

In the evening at the Smolensk station, we first saw Eugene (he was still in the colony when I was preparing publications about what happened to him). He will tell me how his girlfriend cried (now his wife), when he, heavily beaten, was brought to the apartment where they lived. The girl was very scared. A search was arranged in the apartment. It was in the morning. He was beaten by the operative Dmitry Guznov, who led the detention and fabricated the materials of the criminal case (all this was voiced in court when the case of law enforcement officials themselves considered). Zhenya was pulled out of the car, laid to the ground, then the handcuffs were fastened behind him, and Guznov beat him with his lying legs on his face - such a “aviary hunt”.

Guznov and his gang were current employees, they had good contacts in court, and in the prosecutor’s office, and in the head of the headquarters, and in the management of their own security. They threw drugs, extorting considerable amounts, squeezing the business, and, in the end, came across a bribe. They were detained by the FSB officers in 2014, and

In 2016, Guznov was convicted of 6 years - less than he served the innocent, whom he planted.

... In the corridor of the Lenin court of Smolensk, we built assumptions. Everyone agreed that, most likely, having learned about the “guests” from Moscow, the court hearing would be transferred under any excuse. The door opened, and the court secretary came to us, asked some formal questions to Evgeny Ignatov and his lawyer Natalya Signeva. Then she turned to us with Alexander Koshkin:

- Who are you?

Introduced themselves. She asked for our documents. Alexander gave his passport, I am a passport with an editorial certificate. Half an hour passed. We asked the lawyer to clarify how long the court hearing will begin? The lawyer, returning, said - they are looking for a free hall. That's the reason, we, without saying a word, grinned - most likely, the court will not take place.

But an hour later the hall was found. The secretary turned to Eugene:

- Come on.

We also got up - everything except the father, who was supposed to act as a witness. But before us, the secretary obscured the door:

- And you can’t do here, only the defendant and lawyer go into the hall.

The court was not closed - what does it mean "impossible"? But the doors were closed in front of us ...

During the break of the hearing, Zhenya said that he appealed to the judge with a request to allow a journalist and human rights activist from Moscow to the hall. The lawyer supported him. But in response, both the judge and the public prosecutor reported: they against - supposedly could be pressed on the court and the competitiveness of the parties will be violated. And also, since police officers are involved in the case, there is a risk of disclosure of information.

Alexander Koshkin tried to decompose all this absurdity on the shelves:

- How can we put pressure on the court? In no way, the viewer cannot put pressure on the court.

Only the Moscow viewer can put pressure on the Smolensk court?

Yes, in the process we don’t have the opportunity not to break the adversaries of the parties, but even to give a voice: any of our replicas from the place - and we would immediately be removed from the hall. The risk of disclosure, as the police say about the police? But we are talking about police officers, convicted, who already had an appeal and a cassation who left the sentence in force. Well, this, to put it mildly, is strange ...

In the office, we left in the name of the chairman of the Leninsky District Court of Smolensk A. Titov a complaint about the illegal actions of Judge Lamchenkova, who refused us the right to participate in an open hearing.

... The meeting is over, Zhenya Ignatov comes to us, I see in all his appearance some kind of last, barely restrained stage of anger.

He speaks with jerky, sharp sentences:

- The state prosecutor Alexei Igonin re -announces the data on the crime I allegedly perfect. He read out the old indictment and asks to imptorate me the purchase and storage.

Lists how many grams I stored, how much I saved. He calls the evidence a verification purchase, which was led by the opera Guznov. I am in response: you do not know that, according to the examination, substances supposedly in my storage and substances made by Guznov to falsify the procurement constituted a single mass, and a sentence was sentenced to these materials against Guznov? The witnesses showed that there was no purchase! And there are testimonies of the former policeman Smolin that drugs and Gerashchenko were added to me to the juice. They spoke in detail about this in court. The public prosecutor answers me: "I do not understand what you tell me, contact a lawyer"

- The person was practically justified, the verdict was canceled, today he is not judged and not guilty. But all the same, according to the will of the judge and the prosecutor, he is kept on a leash, continued to flutter the nerves, and cause moral damage.

He, under the subscription of the not to leave, is limited by the Smolensk region, cannot plan his studies, think with his wife about the possibility of having children ... What is happening in the situation with Eugene has nothing to do with the right, - Comments comments.

“The defendant,” the court secretary called to Zhenya. She stands with some pieces of paper, rushes:

- Take the papers.

About nature

Found a cafe. Zhenya’s father, Vasily Ignatov, is trying, as he can, at least here to take the conversation aside:

“I constantly go to the country, there is such nature,” he says, ”he says.“ And there is nothing tastier than food from the Russian stove. ”

“Yes, from the stove - porridge is unrealistically tasty,” the son agrees with him and, without a transition. - The public prosecutor announces the testimony of the first criminal case, does not take as a basis the testimony of all witnesses who were in the second criminal case against the former Opera Gusnov. But these testimonies are already refuted by more than one court. The verdict of Gusnov and the verdict of higher courts, including the Supreme Court ...

- Well, in what the prosecutor is doing now, there is no procedural meaning. These indications are not valid, ”says Alexander Koshkin.

- Why is he doing this?

Koshkin replies:

- Apparently, there is a stupid tightening of the process. The testimony of old ships, more than once refuted - roughly, roughly speaking, they read the fake intentionally. The fact that the case has been falsified has already been established, these are not our arguments - this is established by the Prosecutor General, their supervisory representation and all higher courts.

- It turns out that the Lenin court of Smolensk ignores the decisions of higher authorities? - I'm clarifying.

-Not that he ignores, and not that they did not pay attention to something, they are mistaken or want to restore a complete picture, no, this is an intentional introduction of the court.

The judge, too, cannot but understand what is happening, but everything happens with her silent consent.

In the silence that came, Zhenya's father literally prayed:

- Come on, at least for dinner, we will forget it all. I have been so tired in seven years that ... we have a city on seven hills, so when you look, such broad prospects open. And near Smolensk there are moose, roe deer, and there are bears. Let's talk about nature.

“Yes, your city is very interesting,” Koshkin and I said the same thing without saying a word. And fell silent. The Ignatovs were also silent. The pause was interrupted by Zhenya:

- The prosecutor said that Gusnov, Smolin and all former police officers would call for the next meeting! Well, how can this be? They have already served!

“Yes, they themselves have already denied all their testimonies and entered into a pre -trial agreement in their criminal case,” Koshkin reacts immediately. - They were credited with pre -trial, and these testimonies were taken as a basis in the second court. Well, Gusnova will bring what testimony he will give: those by which he was convicted or the first, because of which Eugene condemned? He will say that it is not to blame? The prosecutor's office was supposed to immediately refuse the accusations, did not want to. The process was needed, but then read out the second case, by condemning Guznov, where it was proved that the first were false witnesses, that there was a continuous falsification. And the court knows this all, and it is not clear what again the judge spends his time, spends money on taxpayers, holding the fourth useless meeting already?

- Is it possible that they want to prove that Zhenya was serving the sentence of 7 years correctly, so as not to pay compensation and save the honor of the uniform?

“No, it is impossible to build the accusation.” Koshkin did not agree. “There is nothing to make.” Even if they try to put out the indictment in vain, it will not stand in an appeal. Because it is proved: that the narcotic substances found in the police that Guznov had made one whole with what was found with him and threw Eugene, and, turning to Vasily Ignatov, is not about nature ...

“Well, let's forget at least for five minutes,” the elder Ignatov answered.

“Good,” Ignatov Jr. agreed. - I’m only the last thing I will say: in the first criminal case where the judge was the Kuzub - she, as I found out, went to increase, became the deputy chairman of the Leninsky district court.

The verdict was printed in a few minutes. And there - about 50 sheets, she went to the deliberative room and returned literally after 2-3 minutes, and had already come out with a sentence. And after 7 years, when there was a meeting of the Supreme Court, in which I participated in the video from the colony, the court retired to the deliberation room, and there were no about an hour. I no longer believed that they would let go.

PS

The chairman of the court, nevertheless, answered our appeal. It is pointless to bring it entirely and comment on. He simply repeated the arguments of the judge and the prosecutor.

Moscow-Smolensk