Conditionally lifted

The virus reached the Lefortovo pre -trial detention center, intended for state criminals, but stuffed with "economic"

Several Lefortovo’s seisel at once became infected with coronavirus. All of them are not dangerous for society. Among the sick is the entrepreneur Ziyavudin Magomedov. His defense turned to the Commissioner for Human Rights Tatyana Moskalkova.

Imagine yourself in the place of a person who has been sitting in the Russian pre -trial detention center for more than two years - before the sentence. In the conditions of the pandemic and the ban on transmission with vital drugs. Then you have confirmed a positive Coronavirus test, but you, accused of non -violent crime, the investigation and the court continue to keep in custody. As if from the fact that if you are sent to the hospital or under house arrest (depending on the severity of the course of the disease), this will cause irreparable damage to the state and citizens.

There are a lot of such pre-trial detention centers in which the Covid-19 walks, and such prisoners-non-hazardous, “economic”, which are not allowed home-now there are many in the country. Even the FSIN was not able to silent information anymore and still officially confirmed the same: yes, there are infection in the places of serving sentences, and there are patients both among prisoners and among employees, but they treat everyone. You can only guess about real numbers and the real situation.

The facts of death in the zones from coronavirus are not officially registered. As before, they die there from other diseases. The sources of the "New" in some Russian regions just the other day told me about the opposite. Yes, while everything is at the level of rumors. Both the relatives of the Sidelskists and their lawyers, who studied the law on fakes well, are in no hurry to pronounce the information known to them aloud, even if they are sure that it is true. Like journalists, they were at a dead end:

Neither convey information to society, nor help his family or customers - the FSIN does not confirm anything.

So, the main prison department has been responding to the request of the “new” for the third month ...

We will consider this article the next request to the FSIN.

We are talking about the Moscow pre -trial detention center Lefortovo. It seems to be intended for state criminals, but entrepreneurs are stuffed with the eyeballs. A pre -trial detention center works in a pandemic as if nothing had happened. Investigators come from the will to acquaint the sites with the case file, sometimes they are taken to investigative actions, lawyers in the pre -trial detention center are also allowed (however, they communicate with the principals through glass), but the programs and medicines from the will are prohibited. Although these medicines are now many of the Lefortovo contingent now.

To date, at least three coronavirus in Lefortovo are known at least-these are the evidence of theft in the reconstruction of the President’s residence in Novo-Ogravo Andrei Kaminov and Dmitry Mikhalchenko , as well as the founder of the Sumya group Ziyavudin Magomedov (accusation of embezzlement and fraud for working with state government, to the entrepreneur has been hooked and darkened The 210th article is “Creation of a criminal community”). Everyone has positive tests on the Covid-19.

Until recently, Kaminov and Magomedov sat in the same cell, which is confirmed by lawyers. Now they have malaise and temperature, Magomedov has already ceased to be taken to investigative actions. Mikhalchenko is sick for the second week.

As the sick are treated in Lefortovo, it is still incomprehensible. According to the sources of the "new", the problem with coronavirus in this pre -trial detention center is more serious than it seems.

From hopelessness, a number of lawyers of the Lefortovo sites decided to turn to the Commissioner for Human Rights in Russia Tatyana Moskalkova. These lawyers were defenders, just representing the interests of Ziyavudin Magomedov, his brother Magomed Magomedov and the head of the Intex company (included in the “sum”) Arthur Maksidov. To this appeal, neither add nor decrease. We publish it without any abbreviations.

Appeal

The Commissioner for Human Rights in the Russian Federation Moskalkova Ton .

Dear Tatyana Nikolaevna!

Forced to contact you in connection with the following:

In the production of the senior departure of the Department of Internal Affairs-2 of the Department for the Investigation of the OPD of the SD of the Ministry of Internal Affairs of the Russian Federation, Colonel of Justice Nikolaev K.V. The criminal case is located on the charges of Magomedov Ziyavudin Gadzhievich, Magomedov Magomed Gadzhievich, Maksidov Arthur Khazretovich and other persons under Art. 210 of the Criminal Code, part 4 of article 159 and part 4 of Art. 160 of the Criminal Code.

On March 24 and 27, 2020, despite the distribution of a new coronavirus infection in Moscow and the objection of protection, the Moscow City Court of Court of Court of detention of these persons was extended until June 30, 2020.

Currently, Magomedov Z.G., Magomedov M.G. and Maksidov A.Kh. Contained in the FCU of the SIZO-2 of the Federal Penitentiary Service of Russia (Lefortovo SIZO), where the requirements of Art. 217 Code of Criminal Procedure.

According to the Decree of the Mayor of Moscow dated 05.03.2020 No. 12-UM (as amended by decrees dated 10.03.2020 No. 17-Mum, dated 03/14/2020 No. 20-Mum, dated 03/16/2020 No. 21-UM), an increased readiness regime was introduced due to the threat of the spread of a new coronaviral infection (2019-NCOV). In connection with the disposal of the leadership of the Federal Penitentiary Service of Russia in the FCU-2 of the Federal Penitentiary Service-2 of the Federal Penitentiary Service of Russia (and other pre-trial detention centers), the accused with relatives and other persons were suspended, they received parcels and programs, departments of the accused outside the institution, etc. However, the familiarization of the accused Magomedova Z.G., Magomedova M.G. and Maksidova A.Kh. With the materials of the criminal case in accordance with Art. 217 of the Code of Criminal Procedure in the pre -trial detention center continues.

Despite the measures taken by the government, the epidemiological situation in Moscow in April-May worsened significantly. In this connection, the risks of the spread of coronavirus infection in the territory of the FCU of the SIZO-2 of the Federal Penitentiary Service of the Russian Federation increased.

The defense of the accused appealed to the investigator with a petition to change his preventive measure. Despite the arguments of lawyers, including those related to the presence of accused chronic diseases that increase their risks of the unfavorable course of the disease, by resolution of April 04, 2020, the application was refused.

Entrepreneurs of the Magomedovs brothers, as well as the former head of Inteks LLC Maksidov A.Kh., accused of non -violent crimes, continue to be in jail and get acquainted with the materials of the criminal case in conditions that not only do not exclude their infection with coronaviral infection, but creating high risks of such infection.

At the same time, the defense has the information that the Investigative Department of the Ministry of Internal Affairs of Russia, where a criminal case is being investigated, and in the FCU of the SIZO-2 of the Federal Penitentiary Service of Russia there are already repeated cases of diseases of people held in a pre-trial detention center, a new coronaviral infection of 2019-NCOV.

And on May 18 and 19, 2020, in connection with the disease (preliminary diagnosis of SARS) Magomedov Z.G. The FCU-2 of the Federal Penitentiary Service of Russia was not taken to the investigative cabinet to familiarize themselves with the materials of the criminal case. At the same time, he had an analysis for 2019-ncov.

As of May 22, 2020, the defense has not yet received a written response on the test results, but it was reported by the phone that Z. G. Magomedov Covid-19 test is positive.

In accordance with Art. 9 of the Code of Criminal Procedure of the Russian Federation, during criminal proceedings, it is forbidden to carry out actions and decision -making that create a danger to the life and health of the accused and suspects.

It is quite obvious that in the absence of the necessary conditions for the treatment of patients from 2019-NCOV, the finding of Magomedov Z.G. (Like other persons who are in contact with the employees who conducted familiarization with the materials of the same criminal case) in custody, creates a danger to his life and health, as well as for the life and health of other accused, contained with him in the FCU of the SIZO-2 of the Federal Penitentiary Service of the Russian Federation.

Under the current conditions, most international organizations and national human rights protection institutions, all sane and responsible people in extreme concern are caused by the situation with the spread of a new coronavirus infection in investigative insulators and other institutions of the penitentiary system.

So, on March 25, 2020, the UN High Commissioner for Human Rights Michel Bachelet called on national governments and law enforcement agencies around the world to urgently release prisoners around the world that are not dangerous. Such a measure, according to the commissioner, will help to avoid destructive consequences as a result of the spread of coronavirus in the penitentiary system.

Due to the fact that the measures taken by the administration of the pre-trial detention center were insufficiently effective and in the FCU of the RIZO-2 of the Federal Penitentiary Service of the Russian Federation there are cases with a confirmed diagnosis of 2019-NCOV, it is necessary to take additional measures to avoid destructive consequences as a result of the spread of coronavirus.

We believe that to keep in custody of middle -aged people with chronic diseases accused of non -violent crimes without a sentence that has entered into legal force, in conditions where there is a serious threat to their life and health - inhumanly.

Applications to change the preventive measure to Magomedov Z.G., Magomedov M.G., Maksidov A.Kh. They were repeatedly sent to the investigator on May 22, 2020 by their defenders.

There has not been received an answer yet, but taking into account the previously received failures to calculate that the investigator will change the preventive measure. Unfortunately, our law enforcement system has long turned from the administration of justice into a punitive body. Everywhere, throughout the preliminary investigation, the defense is heard only by duty phrases that " the decision is made taking into account the data on the personality of the accused, the presence of chronic diseases and minor children for dependent , etc.". These phrases do not make any sense, since it is quite obvious that under the current conditions, when the whole world makes unprecedented attempts to fight Pandemia, the investigator (court) all the same, what will happen to the accused, even if they get Covid-19, with their minor children, parents and other members of their families. The main thing for them is to meet the terms of familiarization with the materials of the criminal case and observe formalities.

In such conditions, the last hope for our principals and their families are civilian institutions designed to protect human rights.

Dear Tatyana Nikolaevna!

In connection with the foregoing, we ask you to immediately take measures provided for by law to preserve the life and health of the persons contained in the FCU of the SIZO-2 of the Federal Penitentiary Service of Russia:

1. Urgently request information about the sanitary and epidemiological situation in the pre-trial detention center-the number of tests carried out for the identification of Covid-19, the number of sick, measures to provide patients with qualified medical care and modern drugs and medical procedures;

2. Put the FSIN of Russia before the leadership (and specifically FCU-2 of the Federal Penitentiary Service of Russia) The question of conducting the examination and treatment of Magomedov Z.G., Magomedova MG, Maksidova A.Kh. and other persons detained in the above pre -trial detention center, in specialized medical institutions with the possibility of our client timely and high -tech medical care;

3. To deliver to the leadership of the country-the President of the Russian Federation and the Prime Minister of the Russian Federation the issue of strictly compliance with the current legislation by the persons responsible for creating the safe conditions for the detention of the accused, no matter what they were accused;

4. Draw the attention of the country's top leadership to a formal attitude, sabotage at the place of amendments to the legislative acts of the Russian Federation, which decriminalize or reduce the criminal liability of persons who are engaged in entrepreneurial activity or occupy leadership positions in commercial enterprises;

5. To make an initiative to make changes to the list of serious diseases that impede the detention of suspects or accused of committing crimes (approved by Decree of the Government of the Russian Federation of January 14, 2011 No. 3) and the inclusion of infectious diseases that cause pandemic, including the inclusion of a new coronavirus infection of Covid-19.

Sincerely, lawyers Tsilyurik V.L., Gigolyan K.K., Osherov M.A.