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Thursday, March 15, 2018

“Jacket, not a man”: the lawyer spoke about the convicted Russians in Odessa

The Russians, who are defendants in the case on may 2 in Odessa, preparing for an exchange — perhaps Soloshenko and Afanasyev, and, possibly, on other Ukrainian prisoners in the Russian Federation. Expect the verdict to the Russians, apparently, will not. Because the court to sentence them does not work — not for that to judge them, it is better to exchange. On the macabre details of the Ukrainian justice talk the lawyer of one of defendants, Kirill Shevchuk.

photo: Natalia Gubernatorova

Recall that in the riots and fire in the trade unions Building on 2 may 2014 in Odessa killed, according to official data, 48 people. On a dock – 20 accused, all of them supporters of Antimiani or passers-by. Among them – two citizens of Russia. One of them, Eugene Meredovu, in early June the court of appeal changed the measure of restraint on house arrest, but under the pressure of radicals who blockaded the building and threatened to set fire to it, the Russians brought new charges for what he allegedly cussed. Now Meadow and Sakauov can be exchanged for convicted Ukrainians in Russia Afanasyev and Soloshenko.

– What was tried Russians and those who continue to stay in the dock ?

– Remind how to develop the tragic events of 2 may 2014 in Odessa. It all started with the riots in the Greek area, where clashes killed 6 people. On the one hand acted football fans (“ultras”), supporters of the banned in Russia “Right sector”, “Automaidan”, RGB (Council of public security) and other organizations “EvroSibEnergo” wing. On the other, the supporters of the Kulikovo field.

From the Euromaidan was not less than three thousand people, kulikovtsev – about three hundred. Collision moved to the shopping center “Athens”, where took refuge supporters of the Kulikovo field, as well as random passers-by who unwittingly became involved in the event.

About 19 hours they had reached an agreement with the police that they would be transported to other areas of the city and released. Under this pretext, they came from the Mall and got into the car of police officers for transporting inmates. However, the police lied to them, they are not released and transported in paddy wagons at the offices of the Ministry of internal Affairs in Odessa region. This resulted in the trial, which is being held in Malinovsky court. The thing is, this only applies to events that occurred in the Greek area. After them the crowd of euromaidan went to the Kulikovo field, there was a fire in the House of trade unions. But these events are not considered in the current process.

– How many of the defendants and the charges against them?

– Were arrested about 300 people. The court sent the indictment against 20 defendants, two of which – the citizens of the Russian Meadow and Sakauov, the others – citizens of Ukraine. The investigation was conducted from 3 may to December 2014. Itself an indictment is a 250-sheet. In respect of each defendant absolutely identical to the text of the charges. The exception is the defendant Sukhanov, the detention of which were found a knife, so he added the article “Carrying knives”. All the others are accused of involvement in the riots that resulted in deaths.

– Who is your client?

– My client is a Dzyubenko, Alexander. On may 2 he was really in the center of the city (he lives there): went to the corner of Zhukovsky and the Soviet army, where there are shops of mobile communication. There he hoped to buy the battery. That is, people just in a day walking around the city.

Passing in Zhukovsky (the street parallel to the Greek), he heard a noise and decided to see what was going on. When he realized that there are mass riots, we tried to get out, but he failed. The road back was blocked, there already was pushing the fire truck, stood a police cordon.

He was forced to go in the direction of the shopping center “Athens”, where he, the police advised to hide in the Mall to avoid the stones and sticks of participants in the events. He did just that.

Then it, together with all brought from the Mall and taken to the Belgorod-Dnestrovsk. Subsequently, he was awarded the suspicion and the detention Protocol and sent to Vinnytsia prison, where he remained about six months. After the investigation, he was taken to Odessa.

In 2015, I was able to change his measure of restraint on house arrest at night with the establishment of the sensor for two months. Two months later, the sensor was removed by the police, as the measure was not extended. Today he is at large, regularly goes to court, takes maximum participation in the meetings in order to prove his innocence. My client – a young man, curious. But for your curiosity he is paying the price. Banal situation. Followed the battery, and spent more than a year in jail.

– If he is acquitted, will he get compensation for that year spent in jail?

Yes. They intend soon to send the application to the European court of human rights, even before the court decision. About violations of the right to defense, pressure on judges, threats to the defendants.

– How was the investigation?

– An investigation was held with gross violations of human rights. Some defendants, such as Dolzhenkov Sergey, was handed to the suspect in relation to another person – Dolzhenkov Sergey Leonidovich. The suspects all this time was detained for no real reason. Five are still in custody. It’s two citizens of the Russian Federation, Dolzhenkov and two other people. The rest managed to change the measure of restraint.

When the materials of the case submitted to the court, the defense sent a petition for their return, because the indictment contains gross violations. In particular, there is an individual approach towards the accused. If 20 people accused of mass disturbances, then we can assume that each had a role: someone was throwing stones, someone was running around with a stick, someone commanded. And according to these indictments, it turns out that they all performed exactly the same actions as a blueprint. Court for the first time returned an indictment for revision. However, a month later, the Prosecutor again sent the indictment to the court without major changes. And the court accepted the indictment in the form in which it is.

– What can you say about the process?

In the course of the proceedings the court is very often ignores the petitions of the lawyers, constantly there is a violation of procedural law. The prosecution presents to the court evidence that was not certified properly. It’s not the original documents, and often simply photocopies. If it bundles with the evidence, they often have damage. Some packages are sealed without the signature of witnesses. The court accepts such evidence, arguing that in sentencing will give them an assessment.

However, in the code of criminal procedure has an article that says that if the evidence obvious reason is invalid, the court has no right to even consider – not what to attach to the case materials. But the court mostly tries to attach.

Here is another specific example of the violation of the law. 10 defendants out of detention. The prosecution simply forgot. Therefore, the court extended them the measure of restraint in its decision, although he had to do it collectively, with the participation of the prosecution and the defense. That day, when the time is over, the accused held a few hours detention in jail is illegal, not yet brought from the court of this determination.

There were threats to relatives and concerned activists from the so-called “Patriotic” organizations. People attacked by dogs, the court has repeatedly captured Euromaidan supporters. People’s Deputy of Ukraine Igor Mosiychuk (former Deputy commander of the battalion “Azov” – M. P.), came to the court from Kiev, threatened and forced the judges to write statements about their own dismissal. To lawyers these activists are also experiencing the hostility, we are called “separable”, “quilted jacket” just because we’re protecting these people. That is, terrible things happen.

The evidence against the defendants introduced the charges?

– The fact that a key argument of the prosecution is the testimony of the witness Alexander, Pismichenko, who was detained in the shopping center “Athena” with them. But this witness has a very dubious reputation. He was twice convicted, and according to the testimony of people who sat with him in jail, is a drug addict. He was forced to testify against the other under the promise that he will receive probation and will remain in custody until after the trial. Today he is under house arrest and under surveillance of the police.

– Why do you think the testimony of this witness is dubious?

– Posnichenko previously been twice convicted. It initially characterizes a person as socially unstable, ready to go on lies in order to receive benefits.

In relation to all he gives the following testimony: “Yes, I saw them, they ran around the square with stones and sticks, however, whether they threw the stones, I can’t say. Thus, Posnichenko for one meeting is able to testify to a maximum of 3-5 accused. Then he says: “I can’t talk, I have to remember.” That is the impression that the person before each meeting, prepares the prosecution, tells him what and about whom he should speak. For example, he is testifying against Nefedova. But when after 2-3 session the defense asks for Nefedovo, he replied: “I don’t remember.”

The Prosecutor’s office is a tremendous pressure from the so-called “Patriotic” forces…

– Posnichenko actually was a participant of the Kulikovo field?

Defendants acknowledge that he was there, but not doing any active activities. He just helped, swept the camp, and helped something to carry him for that fed. Was on the level handyman. He was just present at the Kulikovo field. So we could see some people. But it is clearly a bad memory.

The evidence of guilt of the citizen of Russia Nefedova was presented by the Prosecutor?

In respect of Meredova the prosecution gave his Russian passport, his belongings, which were seized during the search, namely, berets, camouflage uniforms, shoelaces, belt, hard disk, cell phone, keys, wallet and stuff like that.

Meadow claims that he was in the Greek area, but at about five PM, when the event has ended. Prosecutors presented a video which supposedly proves that he took an active part in the events. However, this video only shows that he really was in the Greek area, about five in the evening. However, he is recorded among the euromaidan protesters. That is, in the time of the events he was not on the side of the activists of the Kulikov field. He came to the end of the collision and just watched what was happening.

After that, he went to the Kulikovo field and was inside the burning House of trade unions. From there he was taken by the police, was a short time in the detention center of the police Department, and then was sent to hospital with poisoning gases. In the hospital he was detained by the SBU.

– What today there is reason to keep Nefedova custody?

– Last year, his lawyer said petition that on the basis of the current legislation the accused was set bail. Court by rigorous efforts still made the decision and set the bail amount. When the amount of the Deposit made, the local “Patriotic” organizations after learning that Meadow can be released, staged a picket near the court, in fact, the taking hostage of the judges. And forced the court of first instance to cancel the decision, thus again grossly violating the current legislation of Ukraine.

A similar situation was repeated at the previous meeting. At the request of the Prosecutor’s office concerning Nefedova reviewed all the evidence, interviewed all the witnesses. The court listened to the opinion of actors about the possibility to change the measure of restraint on house arrest.

The next day the court announced the definition according to which a measure Nefedova was changed to round-the-clock house arrest in the room, which passed to the defendant by his attorney. In fact, the attorney vouched for his client, offering him accommodation in his own room.

In response, supporters of the Maidan organizations again began to storm the court and threaten its judges that they sit in the camera or they will be killed. Then came an investigator from the interior Ministry and carried out a temporary detention Nefedova on the grounds that he wrote a complaint witness, Pismichenko. Meadow allegedly threatened him with violence.

At the request of the investigator, the threat was made 26 may at 16.00 in the form of phone messages. However, this cannot be true, because at this time Meadow was in the courtroom of the court in the eyes of the judges, prosecutors, lawyers and journalists. He physically could not send this message.

And even if we assume that Meadow really has the desire to deal with Pismichenko, this is impossible, because he Pismichenko-hour house arrest and under surveillance of the police. To it just does not get.

That is, the charges against Nefedova is just a pretext for already on the new charge to elect him a measure of restraint in form of detention in jail. Power under pressure from the Maidan these organizations under any pretext, holding a man in jail, not allowing him to exercise his legitimate right to defense, namely, to go free, and to be able to prove his innocence.

The reason to elect him the measure of restraint the court no.

– While the behavior of those who have been released from prison?

– 15 people were released and remain at large. They have in fact not installed the measure. They are regularly in court and are engaged in search of evidence of his innocence, helping lawyers.

But the head of the banned in Russia “Right sector” in Odessa Sergey Sternenko declared that they demand that two Russian citizens were exchanged for Ukrainian prisoners of war in the DNI and LC. Apparently, they already understand that the guilt of Russian citizens can not prove, and the court will be forced to release them from custody. Therefore, the radicals openly declare that they will not allow to citizens of the Russian Federation “was walking around Odessa.”

– Will be announced in court the forensic medical examination of six killed during clashes in the Greek area?

– They will have to disclose. Now the question is whether they will be attached to the case materials. Here, in principle, no information that may affect the investigation of other cases. Since the events took place more than two years old, everyone who could be detained or arrested.

Examination need to show that, at least, to ensure the right to defense of the accused. The examination must determine what weapons people were killed, to show the trajectory of the bullet. This will allow you to install, could the accused at the time of death people to be in a position to carry out their murder. If the examination shows that the accused, for example, Meadow, could not be the shooter, it will prove his innocence in the deaths of these people.

– And evromaydanovtsev someone is under investigation about mass riots?

– There is such Sergey Hodiak. He is under investigation and is accused of the shooting of activists of Kulikovo field in the Greek area, in which several people were killed. However, the hearing of the case against him constantly frustrated because his friends and supporters closer to the court. This man is on the loose. He tried to take a measure, but it failed because of the pressure of the same evromaydanovtsev. Everything is done to ensure that he was not in the dock.

– Does not occur in the process, the question of why the rioters from the Euromaidan, which recorded numerous videos with stones, sticks, Molotov cocktails are not subject to prosecution under the same article, and the defendants?

We are asking this question, but no one responds. Unfortunately, the role of lawyers in the process more similar to the role of extras. Our repeated allegations of violations, our appeals to the Prosecutor and other instances are simply ignored. Since we do not want either to communicate or to do business. Because today the situation in Ukraine is this: if you don’t stick to the version that is comfortable for the supporters of Euromaidan, you’re padded, you’re a separatist, you’re not human, you want to kill or convert.

It sounds crazy, but that’s the way things are. Similarly when dealing with the authorities. Communicate with you exactly as long as you don’t ask awkward questions. As soon as you’re asked an uncomfortable question about your existence forget.

– Attached to the case of video journalists and streamers that were working that day in Kiev?

Yet ascribe only those videos that provides for the prosecution. But even on these videos to be seen who was defending and who was attacking who started aggressive actions against their opponents, and who was forced to defend.

Does 300 kulikovtsev in their right mind would attack a crowd of about 3 thousand people. The record clearly shows that the aggressive action was started by the euromaidan protesters. It is impossible to deny that the kulikovtsev also the throwing of stones. But it was a response.

Saying that shot a Boatswain, which is recorded in the video object resembling a Kalashnikov, and as a result of the shooting people were killed. But this is not true. Of those materials that we were given for review, it is clear that no cases of anyone falling bullets in the walls of the surrounding buildings, no wounded from a Kalashnikov. But they should be.

I don’t think the Boatswain professional sniper. Accordingly, his bullets were hit in the surrounding buildings. But in the case it is not. Therefore, we can assume that he was shooting blanks or traumatic.

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