In the case of Tatyana Boyarchenko, a pensioner from Yekaterinburg, an official video has popped up
Wanting to call public opinion to their side, the police did not notice how they compromised themselves.
Julia Suntsova
Obviously, the law enforcement officers themselves gave the video to the journalists. Trying in this way to manipulatively attract the public to allies, the police achieved a double effect...
On the one hand, we received a lot of reviews about "their adequacy" and " hysterical grandmother". At the same time, they substituted themselves in full and irrevocably gathered themselves into a criminal structure.
Recall that half an hour before the conflict with the police, the youngest daughter of Tatiana Boyarchenko was taken to intensive care due to a drug overdose. In the duty unit, the version of family members driving the girl to suicide was being worked out.
The video leaked through the local Internet edition E1 caused a real sensation: more than 50 thousand views, more than half a thousand comments. The pensioner reacts extremely emotionally to the people who have presented them in uniform. Shouts, slams doors and refuses the polite policemen in their trifling request - to ride with them to the station. And her house is suspiciously good: a two-story, almost a mansion. Policemen enter the apartment, handcuff an elderly woman and, not even allowing her to get dressed, take her to the elevator. And now yesterday's victim is no longer so white and fluffy, and if you listen to the commentators, then an aggressive, boorish aunt, because of whom the unfortunate law enforcement officers become so nervous and cruel, and she has only one way: to prison...
But, from the point of view of the law, the situation is unambiguous and stubbornly turns 180 degrees. A criminal case now needs to be started against the police themselves, thanks to the video recorder, lawyers say. The video was filmed with service equipment. It is issued to ppsniks upon joining the service, which means that the records made on it are accurately quoted in court as admissible evidence.
"On the one hand, the police officers warned the woman about the use of force and after that a scuffle happens, it seems like de jure and there is a composition of 318 of the Criminal Code of the Russian Federation ("Use of violence against a representative of the authorities"). But thanks to the video, new circumstances open up. On the recording, at 13 hours 30 minutes 27 seconds, the first police officer crosses the threshold and enters the dwelling. At 13 hours 31 minutes 05 seconds, the woman clearly asks the police to leave her apartment, indicating that she did not allow them to enter, but they ignore her. At 1336 hours the policeman himself states that he does not know what happened. On the recording, the ppsniks first say this to each other, and then, when the woman has already been detained, they repeat to her once again: we do not know what happened. In other words, attention: the official informs the inspected person under a video recorder that there are no grounds for detention and investigative actions", - comments Rustam Chernov, an independent lawyer, a member of the Moscow Bar Association.
But the detention has already been carried out, and with the use of special equipment. An instruction by phone from the on-duty unit, to which the PPSNIKs refer, is not a basis for detention. No other reason for the arrest is indicated on the record, including for resistance. The above is a sufficient basis for initiating a criminal case against police officers under Part 3 of Article 139 of the Criminal Code of the Russian Federation (“Violation of the inviolability of the home”) with the use of official position. The composition of 139 of the Criminal Code of the Russian Federation is one hundred percent, there are no options here.
In addition, the actions of the police officers show signs of corpus delicti under Art. 286 of the Criminal Code of the Russian Federation ("Exceeding official powers"), since at the time of unlawful detention the woman was injured. But the "promotion" of this article, in contrast to 139 of the Criminal Code of the Russian Federation, already completely depends on the talent of the investigator - then how it goes, how much zeal is enough, the expert adds.
In addition, the employee uses the term "accompany". He says: "We will accompany you to the regional department" - this implies the voluntary desire of the person being checked to proceed to the site. She can go with them, or she can refuse. But in fact, they are delaying her.
"From a legal point of view, according to the Constitution of the Russian Federation, the home is inviolable. There are very few grounds for police officers to enter someone else's living quarters. Moreover, illegal entry is criminalized. Even an investigator, within the framework of an initiated criminal case, must collect materials, submit them to the court in order for the court to decide whether or not a specific investigative or other procedural action can be carried out in a dwelling. In this case, we see that the police officers do not introduce themselves, do not show their service certificates and, moreover, do not name the reasons why they appeared on the pensioner's doorstep. The use of physical force, in my opinion, is also unreasonable", - says Boyarchenko's lawyer Vano Katashvili, - “Moreover, the police officers themselves do not have information as to why they were asked to arrive at this address. From their explanations it follows that Boyarchenko Tatiana Valerievna needs to arrive somewhere in order to give explanations. But giving explanations is not an obligation, but only the right of a citizen. That is, anyone can refuse to give explanations for any reason. In the same case, the police officers should have issued a summons".
Official crimes of police officers are usually investigated by the Investigative Committee of Russia. According to Tatyana Boyarchenko's lawyer Vano Katashvili, Tatyana Boyarchenko filed a complaint against the PPSs at the end of last week. Within ten days, a procedural decision must be made and a response given to the applicant.
Now, when the pensioner herself, suspected of violence against the police, accused the same thing, only in relation to herself, the police are trying with all their might to protect the honor of the uniform.
"The criminal case against my mother is being investigated at some crazy pace. The investigator is in a hurry, trying to take him to court as soon as possible. Probably, the calculation is that, having condemned her, no one will deal with the illegal actions of the police themselves", - says Tatiana Boryachenko's son Maxim Boyarchenko.
"Two mutually exclusive cases - against Tatyana Boyarchenko under 318 of the Criminal Code of the Russian Federation and against policemen under 139 of the Criminal Code of the Russian Federation enter into direct conflict and neutralize each other. If the police illegally entered a woman's home and then detained her there, the question arises, is the detention itself legal? And where is the line between legal and illegal police demands? When does a woman still have to obey the police, and when does she already have the right to defend herself, to defend herself and her home? Such contradictions can only be resolved by a judge at his discretion. Naturally, the police are now trying by all means to seize the initiative", - comments Rustam Chernov.
Tatiana Boyarchenko herself, after leaking the video with her detention, also recorded a video message, where she turned to two camps, to which the public shared. She thanked those who support her, and wished never to face a similar situation to those who accuse her of inadequacy.
"A few days ago a video of my detention by police officers appeared. I believe that the video did not appear by accident. I looked extremely unattractive there, and it was laid out, most likely, with the aim of at least somehow justifying the illegal actions of the employees. I want to explain right away that the emotional state that you saw in the video is due to the fact that a misfortune happened in my family. Recently, the whole family has been trying to help my youngest daughter cope with alcohol addiction, which she fell into while experiencing the death of her father. On that day, she overdosed on the drugs recommended by the psychotherapist, and also aggravated it all with the use of alcohol. That morning I felt very bad, went through a hypertensive crisis and learned about the overdose after the fact. We called an ambulance. Then I helped the arriving ambulance workers with resuscitation. When we resuscitated my daughter, a district inspector came to my house, accompanied by a police officer. The police demanded an immediate explanation. Since the doctors and I were busy with resuscitation, I suggested that the district police postpone it for another time. Half an hour after leaving, there was a knock on the ambulance door. There were two young men outside the door who did not introduce themselves", - says Tatyana Boyarchenko in her address.
For some reason, a lot of what preceded the conflict with the police did not get into the video: they ignored the request to meet later, ignored the request not to enter the house, the pensioner adds.
The position of the police themselves is most eloquently reflected in their decrees. “To the employee of the PPSP UMVD of Russia in Yekaterinburg Bayramov A.V. injuries were inflicted". “The reason for the initiation of a criminal case was the presence of sufficient data indicating the presence in the actions of Boyarchenko T. the signs of a crime".
The prosecutor's office of the Oktyabrsky district of Yekaterinburg is completely on the side of the police. The last hope is in the Investigative Committee, but he is silent...
Nobody sees the bodily injuries of the pensioner herself, confirmed, among other things, by traumatology. Who caused her these injuries? Police officers illegally entered the house. Here, apparently, the authorities do not have any questions either.
"I have a problem with alcohol. The day before, I went over the wine and continued in the morning. I read on the Internet that the pills that were prescribed to me by a psychotherapist can relieve hangover. This morning I did not quarrel with my mother. I only remember that a neighbor came, I don't remember anything further. I woke up in intensive care. I'm sorry it happened this way. I created so many problems for my mom. We have a good relationship, my mother has been taking care of me for two years - since I can’t come to my senses. We sometimes have disagreements, as in all families, but mostly I am to blame, and my mother, on the contrary, continues to support me. Fair? I am ready to take all the blame on myself, so that they only leave my mother behind, because she is not to blame", - Olga Kalinina, the daughter of Tatyana Boyarchenko, told about the events of the unfortunate morning.
According to her daughter, the operatives persistently sought a meeting with her when she was in the sanatorium, where she went immediately after being discharged from intensive care. Moreover, they tried to build a dialogue with Olga through social networks, instead of sending a summons. When the girl finished her sanatorium treatment and officially appeared for interrogation, in the office she was allowed to listen to a recording of a telephone call. On it, a girl in a voice similar to Olga's voice asked the police to come and save her from her mother, who beats her for the third day.
"Perhaps I said it under the influence of pills. I don’t remember anything... I still cannot believe that my retired mother was accused of violence against police officers".
Considering the methods by which the Oktyabrsky department of the Yekaterinburg police is trying to investigate the case of Tatyana Boyarchenko, apparently, soon it is necessary to wait on the network for this audio recording. And it means that the Malakhov's TV-show is just a step away.