How much it costs to apply violence against an investigator


23 March 2016

Judge of the Novotroitsky City Court of the Orenburg region Aleksdandr Ezhelev pronounced a guilty verdict to former duty assistant for the Head of the Penal Colony-Settlement No.11 of the Department of the Federal Penitentiary Service of Russia for the Orenburg region Kunitsyn based on the fact of his applying violence against the Investigative Committee investigator. As a punishment a 50 thousand rubles fine was imposed on Kunitsyn.

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.

(Photo: Filyus Khusainov, source: http://тюрьма

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. On 12 February of this year in the course of the hearing of the criminal case against Khusainov, where he is charged with committing a crime under item «а» part 3 Article 286 of the Criminal Code of the RF «Abuse of office performed using violence or threatening with violence», judge Ekaterina Rodygina satisfied the motion of the state prosecutor asking to take the defendant into custody, since he puts pressure on the witness.

Having arrived to the summer cottage on 14 October of last year, 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».

Lawyer of INGO «The Committee for Prevention of Torture» Albina Mudarisova commented on the incident: «Taking into account the status of the criminal proceedings participants and the circumstances of the case I think that the punishment that the former officer of the local Department of the Federal Penitentiary Service was sentenced to is unreasonably mild. In addition, this verdict does not comply with the existing regional legal practice, according to which punishments for similar crimes are imposed in the form of real jail time for the period from 1 to 1.5 years».

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