As the mother succeeded in overturning the sentence son thanks to

The pain of the mother

We met in November 2010 in the village of Kushchevskaya. Then the country was reeling from the unprecedented cruelty of killing 12 people in the house of a local farmer. The investigation was assigned to the brigade “vazhnyakov s” from Moscow, and Alexander Bastrykin, together with the employees of the Central apparatus of the Investigative Committee for the first time held a reception of citizens. To pour out your sorrows to the chief investigator of the country in Kuschevka arrived, hundreds of people from around the region. Prior to the meeting, they shared sore. Some lost property, others came under criminal prosecution. And virtually every trouble standing, as it turned out, people in uniform and positions. A resident of Tikhoretsk Olga Golubyatnikova (60-thousand town in the North-East of the Kuban) took out a pile of papers. “This is a refusal material to my complaints, she said. Five years trying to prove that the son and his friends “hung” the death of the woman to which they are involved. But I can’t hear.”

Photo: Vladimir Anosov In court of Krasnodar has lost the documents on the right to housing, the single mother with children

this she said at a meeting with Bastrykin, where difficult to get through the police cordon. The hall then was only thanks to the journalists. And when the head of the RCDS chided the audience that he did not appeal the action and the inaction of the security forces, populatelist thus of impunity, Olga could not stand it, jumped up from his seat and lifted a pile of papers: “76 again, the court recognized illegal the inaction of your employees, she said. – However, the criminal case against those who tortured my son and his friends, still not filed”.

No sooner had Olga to reach the city, the audit materials in respect of officers were sent to POLICE the city (why, one wonders, not regional the management of the RF IC?). There immediately opened a criminal case … “against an unidentified person, who at an undisclosed time at an undisclosed location has caused the beating of average weight Golubjatnikova D. V.”. It is clear that before the trial, this case never came. But Olga appeared on the cover of “Rossiyskaya Gazeta” (“RG-Week” from 25.11.2010 onwards). Dmitry Golubyatnikov was served the court-appointed 12-year sentence in the Stavropol region – in IR No. 11.

the Only reaching them printed edition “Russian newspaper”, – says Olga. – Two days after meeting with Bastrykin in Kushchevskaya room with your article came in the Stavropol colony and went to walk around the barracks. “What “cipesa” the woman said convicted. – At least one was found, Bastrykin said that his subordinates criminals cover”. The newspaper went on. When it is my dime fell he cried out; “Guys, there is my mother!”. They didn’t believe. Found a phone, the son gave. And here the bell rings from the son. And I still didn’t know what “the Russian newspaper” with my picture came out. Dima asked me, “Mommy, you were at the meeting, Bastrykin?” I say that was. “And you stood up there, showed our decisions?” Answer that and acted, and the decisions shown, but what happened, I do not understand? Dima said: “the article was Published with your picture, tell the guys that it’s really you, mommy”. The answer is that I do no newspaper saw. “Well, your face I do not know?” says son. In the end, on a large piece of cloth these guys have depicted the Madonna.

Guys called portrait of a “Prison bride”, and he made the signature: “Beloved mother of the son in memory”

he Painted her, according to Dmitry, with pictures of his mom. “She really is a little like me,” says Olga. Guys called portrait of a “Prison bride”, and he did the signature “Beloved mother from the son to remember”. The gift was handed when she came out. Olga put a piece of cloth in a frame and put a portrait in his home.

Night, street, lamp

This story beganeh in Tikhoretsk on the night of December 31, 2004. At a roadside cafe celebrated the New year law enforcement officers. Among the participants was a trainee of a company of traffic police of the neighbouring district. Tell that Larissa was unhappy, pouring his sorrow in alcohol. Cause from friends did not hide: the lover chose to celebrate the New year not with her and the family. Fairly having got, the young woman made a scene. Friends called a taxi and sent buyangu home.

Photo: Vladimir Anosov Kuban court dropped the charges against orphans in the cut rotten trees

But Larissa was not reached. The road began to offend the driver, and he dropped her out of the car. A drunk woman wandered through the city, badly realizing where he was. Because of the excess of alcohol she was getting worse and worse. She stumbled, fell, got up and went on. On one of the darkest intersections of stumbled on it Alexey Bukarev, to his misfortune was at that time on the street. Seeing clearly in need of assistance the woman, he brought her to his apartment, gave clean clothes his wife (the house) and put them to bed. Waking up the next day, she decided to stay with a hospitable host. Together they continued to celebrate the holiday, and in the evening the second of January to the feast was joined by Dmitry Golubyatnikov, who came to visit my buddy.

While we were sitting at the table, Larisa constantly phoned, he recalls. – Phone died, she put it on charging and then the phone rang. After talking, she threw the garment on the clothes and rushed out into the street. Ago have not returned. We decided that the one she was waiting for finally came and took her. Phone and dirty clothes in the bag has remained with Alexis.

In the late evening, the gazebo located in the courtyard of the flats were illuminated by two car headlightsth, from which was heard the loud music. Under it rejoiced the company of guys of Armenian origin, and among them were several Russian girls. The tenants say that the fun has stopped unexpectedly: talk instantly died down, and the cars, paying off headlights, sharply gave the gas and disappeared from sight. Soon the resident of one of the apartment went out into the yard to meet the ambulance that was called for wife. From the gazebo he heard female moans. Coming closer, he saw a woman with a broken head, lying in a pool of blood and called an ambulance. The victim was hospitalized, but to save her failed: Larisa died, without regaining consciousness. The record includes testimony from the EMT that the injured clutched in their hands ripped out a lock of black women’s hair, and out of the pocket of her jacket fell red hair. Obviously she was in some kind of fight. Who, if, all guilty of her death was cut short?

However, it is known that hot on the heels of the police detained several young people from the same company that night under the light of the headlights was hanging out in the gazebo. But their relatives, says Olga Golubyatnikova, found a way to solve the problem with money.

One of them beer was sold near my house, she says. – With bulging eyes ran: “A. out 350 thousand it is necessary urgently to find.” Did not hide the fact that money is needed to bail out the brother. I replied that I have no such money in sight. Only then I realized why he was looking for them. Probably because my brother and his buddies after 20 days, released. As soon as it happened, my Dima together with Alex and two other guys who the victim is never seen, were imprisoned.

unfavored

bukireva investigators came out from behind the phone, left the victim in his apartment. He didn’t hide, and her clothes lying all in the same bag. Alex was waiting for Larisa to come and take your stuff. But it came to the people in uniform. And afterthe house arrested his three friends – Dmitry Golubyatnikov, Sergey Zhuchkov and Dmitry Volkov.

Photo: Vladimir Anosov/WP Kuban dismissed the case against the girl, wounding with a knife the rapist

– All of them mercilessly tortured, forced to confess guilt in the murder of Larissa, – says Olga. – During another “interrogation” my son lost consciousness and was in intensive care with broken ribs and traumatic shock. But only two years later managed to attach to the materials of the check card call IVS in the ambulance and the registration book of patients. My son and three of his comrades already imprisoned in the colony. But I continued to struggle, believing in the innocence of the native people not only as a mother living feelings. After numerous facts point to the falsification of the criminal case.

According to the verdict of Tihoretsky city court 05.08.2005 years, pigeon fanciers, Bukirev, wolves and Bugs, “acting by a group of persons on the grounds of a sudden aversions to the victim, which was expressed by obscene abuse in the address, struck on the head strikes the metal part of the hammer that caused her death.” From the verdict it appeared that the murder weapon was passed from hand to hand, and the participants in the crime if commit a mysterious ritual. To avoid unnecessary issues, court hearings did closed, citing the fact that the victim was allegedly raped. Although the data of the carried out expertize it is not confirmed, the process to the end remained closed. From broken brutal methods of “surrenders” (immediately after his arrest, confession, except Golubyatnikova, gave three of his buddies) on the court all refused. But still went on stage. Dima spent 12 years – from start to finish, abandoning the proposals for parole in return for reqSC to “stop the irrepressible mother.”

the Mother I saw on the third day after the arrest, – says Dmitry. – Me then was brought to the hospital with a beating and broken ribs. She said, “Son, you did what you accused of?”. “No, Mammy” – are responsible. She knew that I never lie, so he said: “I will go to the end and prove your innocence”.

one can only marvel at how she managed to survive. After all, shortly before the arrest of the son buried her husband, left alone with three children. Younger brothers-pogodka was then 10 and 11 years old. For Dima, she fought for the sake of their future.

– the Most terrible that no one tried normally explore the numerous evidence found at the scene of the crime, – said Golubyatnikov. Is and blood, and cigarette butts, and plastic cups, which was supposed to be fingerprints and tyre tracks of cars speeding away from the crime scene. Why, one wonders, the blood of the deceased woman was not on the clothes of the guys, but she clearly had someone physical resistance? Whose hair was in the hands of the victim? Why were no fingerprints on the plastic cups found in the gazebo?

Mother denounces Prosecutor

the Answers to these and many other questions now have to look for Tikhoretsk town court, where the order of the Supreme court returned the criminal case four of the defendants subjected to torture. This fact was first recognized by the European court and then the Supreme judicial authority of our country. Almost 15 years mother made it.

When I returned to the city from a meeting with Bastrykin and published “the Russian newspaper” with my picture, I got a second wind appeared, she says. – Thought to combat the arbitrariness of militiamen it is necessary to unite active people. And did it, creating the ” Krasnodar regional human rights center.” Then became a member of the regional PMC (public monitoring Commission in places of forced isolation), the Director of the regional branch of “Committee for civil rights” met with Andrey Babushkin and other members of the Council on human rights under the President of the Russian Federation.

Photo: Vladimir Anosov/WP On the highway “Kavkaz” revealed the criminal community in uniform

Mara Fyodorovna Polyakova, experienced lawyer who took part in the development of several bills, also a member of the HRC under the President of the Russian Federation, prepared three expert reports, putting them on made by the consequence and court it is error. These findings formed the basis of a complaint filed to the European court, which in October 2018 was granted. To the date of the judgment Dmitry was released from prison. When he returned home, his mother was a tormented man with eyes sick dog. Behind bars Dima acquired dystrophy, heart failure, lost teeth, had undermined the kidneys and spleen. Unable to hold back the tears, a grown man sobbing on the breast of his mother, saying, “For what?”

on 25 December last year he asked members of the Presidium of the Russian armed forces, made the decision on the resumption of proceedings on a criminal case due to new circumstances.

– At session of Presidium I was together with my son Dima and Sergey Zhukovym and his mother, – says Olga. – I really wish you guys could see the Russian judges in the eye and say that they are not guilty. The lawyer told us the word, no one will, he, they say, he will tell you everything. But when he spoke, I got up too. “Who are you?”, – asks the Chairman. “Defender Golubyatnikova,” I say. And surprisingly he gave me the word. And then I turned and suddenly saw that the Prosecutor General’s office in the judicial process is Leonid Korzhinek, who has long headed the Prosecutor’s office of Krasnodar region. I have inside all trembled. Turning again to the judges: “Your honor, I’m 15 years waiting for this moment to inthis country to cry out that our children, not just my son and Bugs, but also Bukarev and wolves did not commit this crime. In the hall is a man who was able in 2005 to give the instruction to hold a normal check. But now he’s not even looking in my direction. I asked him turn around, please, look at me. To you I remembered that I’m 12 years came to the Prosecutor’s office, almost on his knees in front of you stood and shouted for help. But you didn’t want me to hear. But appeal against actions and inactivity of officials, I took the 267 ships of 76 decisions have been rendered in my favor. But prosecutors have always been against. The truth still won.”

At the meeting of the Presidium Olga insisted on the cancellation made in the case of a guilty verdict. “Then it is necessary to investigate again – said the Prosecutor. – Why is it necessary, because the sentence served in full”.

What is there to understand? As said, addressing the judges of Russia himself Dmitry, he wants because his criminal record was not injured the reputation of siblings so mom was finally able to sleep peacefully knowing that her son is not a killer.

the Meeting ended with the previous court decisions were reversed and charges removed from all four defendants in a criminal case.

Went on a new circle

According to the instructions of the Presidium of the Supreme Soviet of the Russian Federation, it is transferred to the Tikhoretsk town court for production of a new trial. A week ago, judge Eugene Semenov held a preliminary hearing. Declared about the withdrawal of the petition he dismissed.

– the Guys couldn’t bring myself to say that I trust the court, – says Olga. – Because the judge Semenov informed 31 times made decisions on refusal in satisfaction of complaints of the action-inaction of the officials who used unlawful methods of investigation or torture guys forced to confess to crimes they did not commit. I realized that to change the indictment having rendered 15 years of decisions no one is going. Because then you have to answer for their actions. Probably to protect themselves from it, “mistakenly destroyed”, as I said the Prosecutor, “the evidence in the case.” How are they going to consider it, if the data under torture a confession found to be inadmissible evidence, and the evidence is gone?

Photo: Galina Simkina “RG” and her friends helped the fire victims of the Kuban district Apsheronsk

But retreat they do not intend, no matter how hard it again, this time voluntarily, to sit in the dock to again go through the “seven circles of hell”. Launched in Tikhoretsk process will certainly be difficult. During his progress will surely follow the Opera (someone’s ex, and someone continues to service), who mocked the guys with sophisticated torture. In the dock, no one came: some have resigned, while others transferred to another service, and the third one went to the increase. Over the years, Golubyatnikova heard “good advice” that she finally calmed down, otherwise her and the kids are in big trouble. But how such threats can stop a mother and knowing firsthand what it’s like to be on the other side of the barbed wire?

…On the seventh of April in Tihoretsky city court scheduled the next hearing on this unprecedented case. The correspondent of “RG” intend to attend the trial. We hope that it again will not close from the press.

Near Tikhoretsk city court (left to right): Olga Golubyatnikova, Alexey Bukarev, Sergey Zhuchkov, Lyudmila Kolesnikova, Dmitry Golubyatnikov, Larissa Pogodaeva and the lawyer on the appointment of Yuriy Ivanov. Photo: Tatiana Pavlovskaya