Translated material
"Ritka, I was closed for 8 years!"
On October 22, the Sverdlovsk District Court of Krasnoyarsk found Artyom Zarebelnoy guilty of the use of violence, dangerous to life or health, in relation to the representative of the authorities (Article 318 part 2 of the Criminal Code of the Russian Federation). The judge considered that the spraying of a pepper spray on unknown people in civilian clothes, who attacked the jogged in the entrance of his house, was unjustified and caused serious harm to their health. These people turned out to be FSB officers. Artyom of the Podgrim was sentenced to five years in prison.
After the court hearing, Artem and his lawyer were sure that he was awarded 8 years in a colony of general regime: at first the judge announced the addition of two terms of 4 years for each of the two “injured employees”. At that moment, when she pronounced these words, it became bad for the hem, and the lawyer was distracted to provide him with the necessary assistance.
- At that moment, the judge quickly spoke a paragraph, which reported that "on the basis of Part 3 of Article 69 of the Criminal Code of the Russian Federation on the totality of crimes by partial addition of punishments to finally appoint 5 years in prison" in a general regime colony. They found out everything only today, October 23, when they received a decision, ”lawyer Alexei Pryanishnikov explained, noting that" this, of course, is not 8 years old, but still disproportionately a long time for the fact that in fact it is not a crime. "
In addition, by nonsense, the defense of Artem considers the speed of consideration of the case, claiming many violations committed during the process. The wife of the heater Margarita, who, according to her, was also threatened by the FSB officers, admits that Artem did not believe in the last time until the last and reassured her before the announcement that "they could not even put a span for defense."
"I scream wildly, everyone in figure"
In November 2019, employees of the FSB of Russia in civilian clothes tried to detain Artem Zagrebelnaya at the entrance of his house, but he repulsed the attackers. CCTV cameras recorded that three men in civilian clothes did not show him any certificates, and after he sprayed the pepper spray to one of them, the rest ran away. According to Zagrebelnaya, the attackers went into the elevator after him, asked his last name and began to push out of the elevator without explanation.
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0:00 0:02:41- It was not clear to me what kind of garbage was happening. When they already pushed me out of the cab, I turned sharply - they all turned out to be behind me. He made a sharp turn, grabbed a “pepper” from his pocket, and when they grabbed me, he sprayed the “pepper” to the first one who went into the elevator. It is clear that I was afraid that the other two could also do something with me, sprayed on them. Then they dumped me down. When I had already fallen, I sprayed the third attacker in my face, then two ran out of the entrance, and I stayed with the third. He struggled with him because he thought if he now takes away the “pepper”-either he splashes in my face, or somehow still won for an attempt to defend himself. Then I asked him: "Listen, who are you at all?" He says: "FSB." I immediately gave him a balloon, generally stopped trying to throw him off and so on. He continued to hold me. After half a minute, about half a time, the Sobr flew into the entrance, they wrapped me in the bus, they threw my face down between the seats, ”Artem recalled in his interview with Siberia . Realities recorded in February.
Now, after the announcement of the sentence, the dregular, is in the pre -trial detention center. According to Alexei Pryanishnikov, Artem had to urgently give him all his personal belongings, including the phone, with a request to transfer to his wife Margarita. Because none of them expected the sentence of the sentence right on the day of the debate.
- This is nonsense. Firstly, all this happened so quickly. Today, the judicial investigations ended, interrogated the investigator, watched the video, moved to the debate, performed in the debate, then gave the last word, and immediately the judge left for the sentence, came out, announced the verdict. All this lasted only five hours. Usually all of the above is stretched for several days, if only because everyone needs to prepare for debate. Here it is non-stop passed. And then the judge, it turns out, within one hour went to the sentence, ”says Alexei Pryanishnikov.
He arrived in the courtroom on October 22 himself, earlier he was under the subscription about the lower room, and worked.
- I could not go with him that day, he already wrote from the courtroom: "They want to give 9 years!" It was a shock: how so, 9 years of the real term for an attempt to fight off the attack, and using the monitor allowed for self -defense? In conversations with lawyers, Artem, we discussed different terms, but always conditional. Of course, I immediately threw everything and rushed, but after the break to the meeting, they did not let me in. Like, a pandemic. Artem came out before the announcement of me, still invigorated, reassured me: maybe 9 years old, but still conditionally. It did not fit in my head simply. But he, I saw him, was already shaking, ”recalls Margarita Zarebelnaya. - When he wrote after a few minutes: “Ritka, they close me for 8 years!”, The hysterical happened to me right in the court of the trial. I really do not remember what was happening, it became bad, my heart signs, I hear from the outside how wildly, I just screamed wildly. There were no one with me, but there were people around - they walked by, everyone in figure.
Now Margarita has come to her senses a little - friends and lawyers reassured, confident that the appeal will help at least reduce the deadline for Artyom.
"There are a lot of violations"
In an interview with Siberia. Reali, Pryanishnikov said that during the process, the judge committed such violations that there is reason to demand the cancellation of the sentence.
- First, we will file a short complaint in order to be in time. Then, when we get the text of the verdict, we will study - we compare it with the text of the indictment and prepare an extended complaint with comparing the texts of the sentence and the indictment, analyzing the protocols of the court session, and so on. For example, there are suspicions that this sentence is the so-called flash sentence-this is when a flash drive is brought with an indictment, only a hat is changed in the document, printed and put a signature below. It turns out a punishment identical to the indictment. This is an assumption until we draw any conclusions. But violations, including in the course of today's court hearing, were made by the judge. And such that, in our opinion, are the basis for the abolition of the sentence, ”the lawyer summarizes.
According to Pryanishnikov, Judge Lyudmila Mushtakova rejected a number of defense petitions, including conducting an examination of video recordings from cameras in the elevator and entrance, which recorded the moment of detention of a heap, as well as an independent examination to evaluate whether the pepper can cause unbearable suffering and serious harm to the health of the security officer.
- The judge today neglected the principle of adversarial process, since she refused to satisfy a number of petitions. For example, a petition to conduct a video of video recording from surveillance cameras from an elevator and entrance. Today, the prosecutor said that he saw on this entry, how the FSB officers present a certificate, and it is allegedly visible how they are presented. I don’t know how he defined it - there was not even an audio department in the record. There are many questions for this record, but the petition for her examination did not satisfy. The second important point: the judge refused to attach to the case file a review of an independent forensic expert for the conclusion of state forensic experts, which is present in the case. Why is it needed: an independent expert, firstly, came to the conclusion that the conclusion of state forensic experts was drawn up in violation of the legislation on expert activities. In doubt, the main conclusion, which is crucial for the case, is it really harmful to the health of the FSB officers, especially the harm that is life -threatening. Doubts are strengthened by the fact that the first state (!) Judicial forensic examination concluded that there was no harm, but soon the second, which said the opposite, - explains Pryanishnikov.
The case of "terrorism" closed
The reason for the “detention” of the Permanent FSB was his correspondence with the Ukrainian blogger Evgeny Volnov (Pranker, who was wanted by the Russian SK of Russia on charges of distributing fake information after a fire in the Kemerovo shopping center “Winter Cherry” and calls for terror against Russian citizens. - SR) . The jiggle found out about this in the bus, on the floor of which he was thrown by the detainees of the FSB.
- On the bus, this screamed that I had called Volnov in 2015. During the search, they showed paper that it is carried out in connection with involvement in extremist activity. In my opinion, Article 280, part 2 (public calls for extremist activity using the media or the Internet; term up to 5 years.-SR) . I don’t even remember what was written there. The accusations did not really bring me any, but they talked most of all about the pranker of Volnov. Already after the search, when I was brought to the Federal Security Department, they said that I allegedly incited Together with Volnov to terrorism. Allegedly, I wrote to him that I have any numbers to sagate for something forbidden. As evidence, a certain screenshot gave - they showed once and then from a distance of several meters, ”recalled Zagrebelnaya. - I corresponded with Volnov, but I did not distribute any calls like that. He corresponded with him literally twice out of curiosity-once on the topic of emigrants, the second time about something in real estate.
No investigative actions in the case of extremism with a heap were carried out after November 7th. He was never charged with extremist articles.
"I am still afraid to go out"
Over the almost year, which has passed since the detention, the heaps (in January 2020 Artem and Margarita signed) are accustomed to regular “pulling out from work” for investigative actions and caution during walks - in the dark, the guys did not dare to do on them.
-Since March, Artyom began to pull at investigative measures-once or twice a week. He worked in the hospital, a orderly, had to ask for substitutions constantly. Of course, it was strained - there were not enough people there. For the past two months I can’t find a job at all: dozens of interviews, I have a specialized education and work experience, and nothing. I’m already starting to think about the words of the FSB officer who threatened me that I wouldn’t find work anywhere if I do not agree to his proposal to place the swastika on my page on the social network and get a “symbolic” fine for this, ”says Margarita.
In the February interview, Siberia. Realiy, Artem Zagrebelnoy, said that the FSB officer called “to the meeting” and Margarita, demanding from her “to post the symbolism of the Third Reich in some historical group, and then throw a link to him in Watsap so that he would write her a fine. "You will be free on this, that's it, you and I say goodbye." She asked him: "This will not affect my future life?" He said: "No, it will not affect in any way, but you must do it. Because if you do not, we will eat you in the media, and neither you nor your boyfriend will arrange for any work."
Artyom himself, he said, was beaten during the detention and on the bus, and also beat in the FSB building, threatening a term in the colony and the rape of his girlfriend, if he does not admit a deliberate attack on the FSB officers. The injuries of the heaps were confirmed by the forensic examination.
- He forced me to sign the paper that I supposedly called for the seizure of administrative buildings. They forced to rehearse the SK that I allegedly knew that they were FSB officers when they used a spray can. I had to write that I am repenting. If I had not signed, I did not agree to say everything that they dictated to me, they threatened to rape my girlfriend before my eyes, threatened my relatives with "problems." Psenichnikov yelled: "Do you want it, they raped it before your eyes? If you want, we will burn you at home, we can arrange it!" I myself was threatened with a criminal case under the 317th article. I wrote that yes, I repent, because I did not want problems to relatives and a girl, I did not want to sit for 12 years. I had to subscribe to this. They also said that if I do everything, as they say, then “everything will be in order-you will only have 318th article” (Article 318, part 1 of the Criminal Code of the Russian Federation. The use of violence that is not dangerous for life and health, in relation to a representative of the authorities; a fine of up to 200 thousand rubles, or forced labor, or up to 6 months of arrest, or a term of up to 5 years.-SR) . They called and said so: "If you say everything normally, we will replace the 317th article with the 318th with the 318th."
A few days after the detention, the doctors addressed by Artem diagnosed his chest bruises on both sides, buttocks, hips, chin and soft tissues of the left carpal joint. A month later, the forensic medical examination studied the X-ray of the Permanent of November 10 and also diagnosed a fracture of the sixth ribs.
According to Margarita, these beatings and threats led to the fact that Artem did not let her alone out into the street, always escorted it. Without a pepper spray, he was afraid to go even to the store.
-He shuddered when something began to make noise nearby, I also had panic attacks. I'm still afraid to go out into the street. But somehow, friends, relatives helped, helped. After the first publication, a wave of support began in social networks - strangers write strangers, this, of course, helped a lot, - admits the proverbial. - Now I am still in shock and fear, but it was a little released - the hope saves that the appeal will help, and again the supporting comments in social networks went - after publications on the court decision in the Artem case.