The day of judgement: “guilty?” answer… the court, after 14 years spent in the area

We continue our project called “judgment day” where talks about the most high-profile cases related to the establishment of justice of truth. Alas, as we know, not all court sentences are just, then they sometimes have to cancel. And even worse, when the unjustly accused man and ends his days with no rehabilitation in prison. Such cases also sufficient.

In the last issue we talked about the current state of the case of father and son Pavlichenko, accused of the murder of a judge and released by decision of the Parliament after the revolution. Something in this case moved in the direction of justice, and we are glad that a little has helped this process. We will tell a few stories, where is the evidence of the accusations seem ambiguous, at least from the point of view of protection. And in some places there are even judgments of the court in favor of the accused… On this below.

— We have in the law the production and other Pavlichenko, cases concerning people serving long sentences for crimes that did not commit — said the lawyer Ruslan Sushko, a former investigator-“vanak” MIA, storm maniacs. In particular, in relation to the two men Sakuna and Guchenko, received in due time, life imprisonment and has already served almost 14 years!

In 2003, the village of Odessa region, was brutally killed the husband, the wife and mother-in-law. The old woman and her daughter were found in the house, the man in the yard. Moreover, the body of an elderly woman after the death was dressed as her own, stored for the funeral, burial clothes. And clothes the corpse is not a simple thing, speaking as a former investigator. You have to be exceptional cynic with nerves of steel to Tinker on the place of bloody violence (people are killed with knives and a hatchet).

The result particularly did not hesitate, soon in Sumy detained two men who had been in this village for the workpieces of agricultural products. And in case it is unclear how and when did the handprint of one of these men who allegedly left on the door jamb of the house of the victims (although in the place of the old rough paint, in General was difficult to find something). And on the first inspection of the house found nothing, and then print. He was the key to the prosecution ended double life imprisonment.

And to build such shaky evidence, the detectives found in the village of the woman, shall we say, abused alcohol. She testified that the day before the murder these two sumchan asked her, like, who lives in this house (pointing to the dwelling of the future victims). She said. And after the killing, they say, the guys from Sum came to her home and asked permission to burn the bloody clothes off grandma! Why her, why did you do it — is not explained. Burned and all (by the way, ash then no one investigated, and this could be evidence or, conversely, would be contrary to the investigators that law enforcement officers do not have). And allegedly, when the lady of the house discussing the details of a bloody triple murder. Later, however, this woman wrote a statement in which he admitted that he had lied men, because the militiamen forced her to give such testimony. Then have refused this statement (see root). And subsequently several times changed the indications, then blaming men, admitting libel. But the court his movements are not appreciated, accepted incriminating evidence and sentenced the men to life in prison. But the issue of money, allegedly proceeds of the deceased’s family for some controversial folks property, neither the investigation nor the court did not examine, though it is money and could be the true cause of the tragedy. But were they, and where did he go — is unknown.

— A confession of the accused, in our opinion, “mined”, — continues the story the other lawyer, Mykola Kushnirenko. — In the case recorded their injuries. The fact that potskov men’s departments (without the Protocol on detention and admission of lawyers) and knocking the turnout, they were trying to convey in jail. But they refused to accept, without examination, to clear the beatings and injuries then I would have written in prison. So in the case there is these documents that the Odessa court again did not take into account, although the defendants at the trial was not immediately available from earlier testimony, saying that they knocked out power. This decision was supported later by the Supreme court of Ukraine, also “believing” the confession. But taken into consideration all these factors, the European court of human rights ruled in the case “Zakon against Ukraine,” which had a place of torture and no right to a fair trial. The victim was identified compensation in the amount of 12 000 Euro from the budget of Ukraine.

Screenshot. The European court issued a verdict in favor of a convicted Sakuna

THE COURT FROM THE BEGINNING. The decision of the European court was noted in the Supreme court of Ukraine, and recently the verdict both Sumy was the highest authority is cancelled. Business is directed on new consideration in court of first instance, Malinovsky court of Odessa. When will this court, so far is vacation time, judges a little… unfortunately, the flywheel of our laws unwinds rather slowly, there are certain legal mechanisms, because the two men continued for a long time in custody in a prison for life convicts. And only on the days they were transported to Odessa to participate in a future trial. But in fact they are still in prison, now as with no verdict, but the remaining “trial”. But went time detention. Without going into legal details, I will say that we hope by late summer, both wrongfully convicted will go free. The second ex-convict, Guchenko, signed a contract with us for the provision of legal services, and we collect materials for future revision of this case.

It is interesting that the legal status of these two generally vague, ill — defined, re-enter the conversation Sushko. — After the abolition of the sentence they are not convicted, but continued, as we have said, to sit in chambers for “lifers”, though it should not be. There was even an incident. One of them decided to send in advance in the detention center of the Odessa region. Arrived a convoy to drive, but it stalled. Convoy asks: and who is this? What is his status? Yes, God knows — Then we’re not moving. For how to issue documents and generally behave on the road with him? And if you need to use weapons, have the right? Nobody knows. Not lucky at that time…

FAKE EVIDENCE. Fraud in high-profile cases for their alleged rapid deployment, alas, was in the police is not uncommon. Our newspaper is not just about the such wrote, for example, when the serial killer Sergey Tkach large periods spent seven innocent people. Another case is told from his practice Ruslan Sushko:

— If you remember the notorious a few years ago a double murder girls in Sevastopol (before annexation of Crimea), the first a consequence and field investigators have decided not to bother for a long time and accused of a terrible crime local like to drink some Rastvorova. She just found the body of one of the dead girls, Balabino, in fact, at the dump, where he collected scrap metal. Called the police, came a group who found a bag with a corpse Misinai. Rastvorova initially stated that he had seen these girls a pedophile living almost in the cave. Examined hundreds of these “shelters”, in the end it was some kind of transvestite, change into female dress. But he had an alibi. Rastvorova then pointed to the addict Sasha. However, it didn’t fit because the shock caused the girls were right handed and a drug addict this hand was dry, did not unbend. And so on… In the end Rastvorova “dodavit” and she said — they say, so be it, I will say that I killed! But indications you ought to confirm!

Rastvorova incriminated himself

And started juggling the evidence appeared fake witnesses of the murder (also alcoholics), and even a roommate of Rastvorova, who allegedly helped her hide the bodies! Composed of unscrupulous law enforcement officers (and suggested “the killer”), the whole story. Supposedly Rastvorova and two witnesses drank the wine in an abandoned courtyard, there came these girls, and four hours standing in the rain and sleet, sipping ink. And then Rastvorova something not liked she killed one girl and then another. The men behind this seemingly calmly watched… “White threads” in the investigation so that when the situation was reported to the Deputy Minister, he ordered to start the investigation from the beginning, and Rastvorova immediate release. Then it took our group from the interior Ministry, and together with the head of the Sevastopol militia by Vyacheslav Abroskin (now General of police, heads of GU NP in Donetsk region), we found a real pedophile and the murderer of Nicholas Hatkevich, who died in jail on the eve of the annexation of the Crimea.

The girls were killed Khatkevich


Another case in which the defenders are Mykola Kushnirenko Ruslan Sushko, — the massacre in the village near Melitopol mom with a 2 year old son.

They lived there in a small house, say the lawyers. — Her husband left her (rumored to be left militants “DNR”). But this man from his first marriage has a grown son Maxime, the half-brother of the baby. This 23-year-old boy often visited the family of her brother, even helped financially. A young woman, let’s call her Tanya, Melitopol has a mother to which Tatiana on a certain day promised to come. But it is not there… the next day the mother went to the village, took a neighbor a spare key and went into the house. No one was there, but noticed that in the yard hanging the wash the quilt, the floors in the house like something washed in a hurry, on the couch, an empty duvet cover with traces of blood. Decided someone was hurt… So anybody and did not wait, left, but after a couple of days back, because my daughter with my grandson no news. Phone daughter’s disabled… in a Word, the mother contacted the police and the task force found the bodies of a woman and child in the sofa. It was late autumn, already cold, because the expansion was not fast. And the heating was turned off, which, as it turned out, was not typical for the hostess.

— Then everything was fast — underlines Ruslan Sushko. — The police finds the older brother, who is under pressure to quickly repent: yeah, well, I killed a woman with a child. Allegedly night he came up with the idea to go to Tanya, kill and Rob her, taking her chain, pendant and earrings, for nothing more valuable was not. So, according to investigators, Maxim did. Then called a taxi, but not to the house of the victim, and to the village Council that three kilometers. Went to the railway station of Melitopol, at night (!) met three of his friends began to drink. In the process of drinking buddies Maxim says: you know that I just killed two men! Because they before killed a woman with a child! Here I have some cool! Don’t believe? Went to the hut woman show… is a taxi, and arrives the same driver that drove the maxima on the station. Come to the hut, open the door… Then on the result of buddies said that he saw only the legs lying women and punks were running… (the question Here is: how could it see feet, if the corpse was lying in the couch?) In a word, scared… and came back to the station to drink. When the money ran out, Maxim admitted that he supposedly had removed from the woman’s jewelry, they say it is then good for nothing… a Little later the diver from an emergency in a cesspool Maxim found documents Taani and supposedly her phone (details below). All guy train tied to the murder. And he says as much as the police are concerned. For example, about the quilt can not say anything, because it is unknown to the investigation… And such discrepancies of the mass. I think the police still have to find the real killer…

— We, lawyers, acquainted with the case only in late spring, when the investigation was going to submit it to the court, — continues Nikolay Kushnirenko. It turned out that everything is sewn with white thread. Moreover, the accusation was based on the recognition of the fellow, that he committed the double murder in a dream. Because she doesn’t remember much. Of course, we, the accused stated that this recognition was made under pressure, under threat. And the lawyer he had at that moment was free… the Pro Version of the murder in a dream, in our opinion, was invented to the guy not confused in the testimony about what was not done: do not remember, was acting like a lunatic… Confused in the testimony and the so-called witnesses, of those with whom he drank at the station.

If to speak about the motives of the double murder, according to investigators, Maxim tried to take the poor jewels of the victim. Indeed, the Lombard was a pair of her gold earrings. But here’s the thing: they were delivered not after the crime, and before him, there could not be the subject of an assassination attempt! Maxim had helped this family, where was his brother, not once pawned jewelry and even mobile phone women. And then for the money bought things and returned to the owner. Because the motive of taking these things far-fetched.

More “evidence” of guilt Maxim were to be found in the cesspool toilet of his home, the documents allegedly murdered and her mobile phone. They say that cellphones were taken after the murder of greed, but then was horrified by what he had done, and threw the phone into the toilet. But the fact is that cell phone… not one! She was white and was found in the toilet — black, different sizes. So that is “proof” obviously rigged that no one the version of the investigation will not check.

And other evidence, in our opinion, do not, in addition to knocked out by Maxim and his friends testimony, which they now refuse. Because we confidently believe that we can achieve in the cause of justice and save the innocent from prison. And then who could commit this brutal murder? Maxim have a version on this subject, it concerns a Gypsy, who for some time had contact with the mother of the deceased. We asked the investigation, checked in this version, we said Yes: call it rum and asked whether he is guilty of an accident? He said no. Then he disappeared… Not saying he is guilty, but check all the same it is necessary more carefully… Hopefully, all questions will answer the court, which began in Melitopol. Passed the preparatory meeting and the merits of the case will listen to 1 Aug.

— Another case, characterizing the divergence of some militiamen, continues Sushko. — All happened in a village near Sochi, near the former military airfield. In October the man came out of the house and went missing. Still. Left without documents, without a mobile phone, in short, obviously not going to. Found out also that at this point, from the village of anything to go anywhere it was impossible. We came to the conclusion that the person is no longer in the world… There’s a police precinct and so on. But a few months law enforcement had not conducted any investigative action! We arrived, lawyers, talked with people, and much to clear. Found the man who confessed to killing neighbor and even volunteered to show where and how to bury the corpse. We, of course, did not themselves continue to engage in this violation of the law because this case transferred to the GPU. But the fact that lawyers have to replace the police, says a lot…

Investigative experiment. The defendant shows on the spot, as allegedly killed their victims


In may is the 10th anniversary of the tragedy on the Boulevard Shevchenko in Kiev. Then early in the morning on the BMW M6 speed crashed into standing at a roadside VAZ-201011, where the duty was ensign commits Vladimir Kulikovskii. Both cars turned into a pile of scrap metal, “Lada” was thrown forward dozens of meters. The ensign was killed instantly. In the BMW there were two: the stepson of a prominent businessman Dmytro Firtash, the son of his ex-wife Sergey Kalinovsky and his girlfriend Anastasia B. She later died in hospital. Sergei was seriously injured, he was placed in a closed institution. Then there was a lot of different events, which previously were written in detail. The prosecution alleges that the driver of the BMW was Sergey Kalinovsky, he opened a case, found him accused. Then the legal situation has changed, the case is closed and opened again… Remembered Sergey and his brother Alexander was also a conflict in the center of Kiev with the participation of the employee of traffic police, who allegedly punched, and he opened fire with a pistol. Meanwhile, as claimed by the media, Sergei moved to Israel, where at times pay a visit to Kiev. In 2015 he was detained in the capital for violation of the rules of the road driving a Porsche Cayenne owned by his girlfriend. Documents he was not, but the police have established the identity and Sergey “closed” for a long accident. This is hot on the trail commented on the then media adviser to the interior Minister, MP Anton Gerashchenko.

“If the police have not arrested the night of Sergei Kalinovsky, then, after another few years, it could drop all charges in double fatal accident outside the Statute of limitations. Apparently, this was the plan of its defenders,” — said the Deputy.

We decided to see what this high-profile case today. It turned out that it’s squishy in Shevchenkovsky court of the capital, at the stage of examination of witnesses. Kalinowski is accused under two articles of the criminal code of Ukraine: article 286-3 (for the accident, faces up to 10 years of imprisonment) and article 345-2 (for the conflict with the policeman). The prosecution of the GPU, where the group generated by prosecutors. The lawyers believe the evidence of guilt is weak, doubt the expertise and claim that the car is gone, and it does not allow re-examination. He Kalinowski after his detention ended up in jail, but then the measure of restraint changed for over a year, he is under house arrest.

Map of the Interpol wanted list