August 12 in Angarsk city court started hearing on the merits of the criminal investigation of the attack on the eco-camp during the summer of 2007, which killed anti-fascist, party movement "Autonomous Action" Ilya Borodaenko. The trial of a juvenile for the fourth time to start this process after three resonant case remanded from the court of the prosecutor's office to address egregious violations of the investigators. It contains 53 volumes, 3.5 of which (about a thousand pages) contains only the indictment.
At the initiative of the Interregional Human Rights Association "AGORA" the interests of one of the victims is a lawyer Transbaykal Advocacy Center Roman Sukachev.Today, the beginning of the hearing under police escort was on time taken from the detention facility was arrested in July on another criminal case (the massacre of native Azerbaijan), known by the nickname "Boomer" the defendant Eugene Panov, who had already been found guilty of beating a native of Buryatia. Also, their seats in the hall occupied the remaining 19 defendants, their parents and 20 attorneys.For so many people the court was not ready, so about half an hour bailiffs prepare room for the court session, bringing the missing tables and chairs.
The problem with placing defendants in the case and their representatives have to decide, but it has become so closely that the lawyers of the defendants under the age began to resent how you can work in a small room all day and how it will affect their health. To this Judge Anna Tonkonogova explained that another room, larger in size, in court at the moment no, the rest are busy.
Cramped courtroom has affected who came to court on their own initiative witnesses and journalists.Despite the fact that the whole process will take place in open mode, no subpoenas for today's meeting in the hall is not missed. If traveling television journalists, realizing the situation, limited permission of shooting outside the court, and witnesses were asked to come back when they will subpoena, and on schedule to examine witnesses.
After establishing a defendant's character their lawyers said that to date all of their clients have reached the age of majority, so the need for participation in the defendants' parents as legal representatives anymore.At the request of defense counsel parents had been withdrawn beyond the criminal case - with one exception. His mother Eugenia Panova joined the process as a public defender of his son and will represent his interests, along with two appointed counsel, who plan to succeed each other. Also during the trial revealed that one of the defendants until the next day is on sick leave, so the judge, to avoid charges of violating the right to the protection offered to postpone the meeting.
Meanwhile, next week, defendant Eugene Panov to investigations of other criminal suspects and defendants in which he is.So Anna Tonkonogova decided to postpone the hearing on August 24, 14.00 local time (9.00 am Moscow time).
"It is actually on the side of protecting at least 41 people - said lawyer Roman Sukachev. - And who to sideno charge? Given that the majority of victims are not residents of Angarsk, and the court clearly may have problems with their appearance before the court for objective reasons, the function of state prosecution, by and large, can stay for a prosecutor and I, therefore, the process promises to be hot. "
The first time trial of the attack on the eco-camp has already started a trial in June 2009, but then the judge Tatyana Vorotnikova took the decision to send the case back for further investigation - it found violations of the right to defend the two defendants admitted at the stage of preliminary investigation.On the return of the case the prosecutor sought as human rights activists, drawing attention to the lack of qualifications among all the defendants refer to the humiliation of human dignity on the grounds of membership of a particular social group, committed publicly with violence ("a" part 2 of article 282 of the Criminal Code of Russia) .
December 14, 2009 once again had to start consideration of this case. However, at the beginning of the process of lawyers of the defendants, victims and the judge Vorotnikova were surprised to find that the public prosecutor submitted a new indictment of 20 defendants have only two.The public prosecutor during a pause called colleagues in the prosecutor's office to explain the obvious mistake, but the answer was: "The prosecutor's office sees no obstacles to the consideration of the merits of the case." The judge called this position a mockery of the process and again returned the case prosecutor.
The third time the process started on 12 April this year. But the next day all the same judge Tatyana Vorotnikova stated that the investigator had violated articles of the Criminal Procedure Code, these "violations set forth in the indictment are material, not a technical error and can not be self-corrected by the court."The resolution is the same - "a criminal case to return the prosecutor Angarsk to remove obstacles to consideration by the court."
In Association AGORA then noted that the problem was not in court, who does not want to hear the case, and in the actions of the investigation, which was inexplicably repeats of times in just the same error, refer the case to court with gross violations of law, where it in the case of consideration on the merits collapse.
Human rights activists point out a few more details, speaking about procrastination.Neo-Nazi attack on his ideological opponents (they both claimed during questioning) consequence only be described as hooliganism. Motivated by ideological hatred of the defendants are not required if there is sufficient evidence of this in action: some of the defendants themselves acknowledge their commitment to the ideology of the Nazis, during the searches they have removed the relevant attributes, the interrogations, they clearly explain the ideological motive for the attack on the camp.Investigators also calls all this with a simple hooliganism.
Long before sending the case to the court all the defendants initiated the investigation and prosecution were released from custody, despite the fact that they attributed to serious and very serious crimes. Then followed the irregularities in the preparation of the indictment - first, the investigator made a grave error, and then the prosecutor did not identify them, and not eliminated.
Recall July 21, 2007 more than 20 young people with bats, iron bars and knives attacked a camp of environmentalists protesting against the expansion of production at the local plant to enrich uranium.Seven victims were taken to a local hospital, two of them were in serious condition. Received a head injury and fracture of the spine Ilya Borodaenko doctors could not be saved. Many of the defendants did not conceal their views and do not deny their affiliation to nationalist movements, in particular, to the Nazi-skinheads.During interrogations, they noted that the attack was connected precisely with the ideological differences with environmentalists.
One of the defendants - a student of the East Siberian Institute of the MVD. When conducting a search of his home, law enforcement officers seized a prepared essay "The mechanism of the fascist dictatorship in Germany." But the father of the accused works section commander Division of private security at ATC Zheleznogorsk. In the end, brought before the courts in 1920 set a consequence of the defendants, 11 of which at the time of commission of the offense was 18 years old, so it has the court of the juvenile Angarsk city court.They were charged with disorderly conduct, committed by an organized group (part 2 of article 213 of the Criminal Code). Six charged with maliciously inflicting grievous bodily harm, committed group of persons by prior agreement in respect of two or more persons (paragraphs "a" and "b" part 3 of Article 111 of the Criminal Code). Two charged with maliciously inflicting grievous bodily harm, negligently caused the death of sweatrpevshego (Part 4 of Article 111 of the Criminal Code).
Source: ikd.ru
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