A criminal case has been opened with regard to the ruining of the investigative activities in the Orenburg region


17 November 2015

(Photo: Filyus Khusainov, source: http://тюрьма56.рф)

The Investigative Department of the Investigative Committee of the RF for the Orenburg region a criminal case was opened with regard to revealing the elements of crime under p. 1 of Article 318 of the Criminal Code of the RF («Applying violence against the authority representative») – radio station «Echo of Moscow in Orenburg» reports. The issue is about the incident happened on 14 October this year, when the officers of Penal colony settlement No.11 from the Orenburg region ruined the investigative activity, which was conducted by the investigator for major cases of the Investigative Department of the Investigative Committee of the Russian Federation for the Orenburg region in the framework of the initiated criminal case against the officers of this penal institution. According to the investigator, he was twice hit by the officer of the Federal Service for Execution of Punishment.

As we have previously reported, on 14 October 2015, a group of the participants of the investigative activity went from Novotroitsk town to Guberlya railway junction, where in 500 m from the block of country houses Penal colony settlement No.11 of the Federal Service for Execution of Punishment for the Orenburg region (hereinafter – PC-11) is located. The objective of this investigative action was to check on site the testimony of Sergey Nikanorov in the framework of the initiated criminal case against the penal colony officers (we reported of this case) (we reported about this case).

According to victim Sergey Nikanorov, who previously served a sentence in PC-11, head of this penal institution Filyus Khusainov using threats and promises forced him and other convicts to perform construction activities at his summer cottage. The criminal case was opened based on this fact and on 26 October this year charges were brought against Filyus Khusainov and he was put under house arrest. Some time ago Sergey Nikanorov was released, returned to the place of his residence in Moscow and is now continuing to execute his right to participate in the criminal proceedings. The protocol of the victim testimony on site check should have been the key prosecution evidence. Since in the course of the investigation the head of PC-11 re-registered the country house to his mother, that’s her who was summoned. She did not show up to the site of the investigative activity in the appointed time, referring to feeling sick, but there were unbidden guests instead.

Having arrived to the summer cottage, the participants of the investigative activity saw a VAZ-2110 vehicle there. There were three unidentified persons in the car, who were shooting video from the car’s interior. As it has been revealed later, all three are the officers of Penal colony settlement No.11, Filyus Khusainov’s subordinates.

A member of interregional non-governmental organization «The Committee for Prevention of Torture» Vyacheslav Dyundin, who participated in the investigative activity as a victim’s representative, tells what happed later: «These people did not react to all the requests of investigator to leave the site of investigative activity. The car driver at first claimed that he was drunk and could not drive the car. Then he started to claim that the car had stolen registration number plates. The investigator had to call the police, and the participants of the activity blocked the car of the intruders till the law-enforcement officers arrived. The driver of the vehicle was ceaselessly talking over the phone with someone. While they were waiting for the police, Deputy Head of PC-11 Marat Kumarov showed up, as it turned out, aiming at rescuing his unlucky colleagues. Kumarov demonstrated a remarkable artistry at that. He came up to the car. The driver came out, they shook hands, and Kumarov pronounced the prepared text: «What are you doing here? Have you been drinking?» Then he opened the back door and pulled the officers out of the car saying «what, have you been drinking? Well, go to the watchman’s booth to your duty station!». At first they resisted a little, but then, having grasped what it was about, started to move to the gates, first slowly, then – gaining speed. The investigator tried to stop the intruders from fleeing and crossed their path spreading his arms. According to him, the major wearing camouflage hit him in the chest and on his leg. So, these two with video camera, ran away, and Kumarov followed them. The investigative activity was ruined».

Soon the road patrol service squad arrived. The inspectors, having listened to the investigator, established the identity of the driver of the intruders’ vehicle and went away, since there was no ground for his apprehension. Sometime later two investigators of the Orenburg Investigative Directorate arrived, who started a pre-investigation check based on the crime report of their colleague.

This check resulted in initiating criminal proceedings.

Lawyer of INGO «The Committee for Prevention of Torture» Albina Mudarisova, representing the interests of Sergey Nikanorov: «I think that long inaction of the law-enforcement officers with regard to the investigation of the events which took place in Penal Colony Settlement No.11 stimulated such a bold behavior of the officers of this penal institution, who believed in their impunity. Only after the investigation of this criminal case was transferred to a new investigator it started to make progress. I hope that the ones who are guilty of applying violence against the investigator and of ruining the investigative activities will be adequately punished in the nearest future».

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