"Cavalry of Yevgen Novitski" - article by Yuri Barov re illegal detainments in Ukraine
Article by Yuri Barov on the problem of illegal detainments and militia's bestiality in Ukraine (as well as the prosecutors', judges' one): "Cavalry of Yevgen Novitski"
On December, 16, 2008 the judge of the capital's Darnitsky court Olexander Betz passed the accusatory judgment to 20-year old Kyivite Yevgen Novitski for the murder that he did not commit. The defendant was sentenced to 9 years of imprisonments. Having the absolute alibi, the only "proof" of the young man's guilt was the notorious "acknowledgement of guilt" obtained by beating and tortures in torture-chambers of Darnytsky district militia department. Thus, two weeks prior to the New 2009 Year, the Ukrainian law-enforcement triad of "militia-prosecutor's office-court" imprisoned another innocent person, proving once again that for the constabulary Ukraine there is no place in the civilized Europe.
"Zhenya was just a friends of the murdered Vyshnyak's son"
On February, 11, 2007, at approximately 19.30., the apartment of the inhabitant of Darnytsky district Galyna Vyshnyak was unexpectedly visited by several sportsmen-looking 18-19-year old lads with shortly haircuts and wearing sports costumes and leather jackets. The uninvited guests were eager to see the husband of Galyna Petro. Later, in court, Galyna confirmed that Yevgen Novitski was not one of the visitors.
At around 21.00 the gangsters met their victim not far from his home. As investigation discovered, the killers brought Petro Vyshnyak down on earth and started beating him with their feet as hard as they could. As a result of the physical damage inflicted, the man died at the spot.
...In the Novitski family with many children (the mother alone had to bring up eight children, as the father died 7 years ago), Zhenya was one of middle ones. The junior Vitalik will only go to the first class next year.
About what kind of boy Zhenya was when growing up and what happened in February 2007, we discuss at the sullen walls of Darnytsky court with Evgen's elder sister Iryna.
- Zhenya has always been a very quiet boy, never had any problems with militia, - Ira says. - He worked (repaired cars), helped our mother, was a fan of collecting postcards, he papered the walls over with them, played computer games... The Vyshnyaks are almost our neighbors, Zhenya was just a friends of Petro's son Sasha and even lent him 150 UAH. Sasha had no opportunity to return the debt, so, just imagine, militia then said that Zhenya killed the father for the son's debt!
But this ridiculous "motive" was absolutely enough for Darnitsa cops. According to Iryna Novytska, they first detained Zhenya as long ago as in February, he was just walking in the street with his fighter dog. The next evening he was released. And then tillm the end of February they summoned him to the district office virtually every other day.
- I always went there together with him, - Iryna remembers, - Zhenya was afraid to go alone. We stayed in the lobby for 2-3 hours, then they used to tell us to go home, the investigator would not come...
And on March, the 2nd Zhenya went there alone. And for 8 days he vanished in militia's torture-chambers. For more than a week the family knew nothing about his location. As it turned out later, on March, 2 Evgen was delivered to the judge of Darnitsky court Vovk, who sentenced the suspect to 6 days of administrative detainment for "malicious disobedience to militia staff". Novytsky's advocates already long ago proved that this was a lie.
On the night from March, 2nd to the 3rd Darnitsa militiamen without an court approvals turned everything upside down in the house of the Novytsky.
It appeared that militia executioners needed the administrative detainment of the suspect to throw him into the chamber of tortures.
"Werewolves" forge, the public prosecutor's office signs.
Only due to Zhenya's courageous and professional advocates Oleg Veremeenko and Volodymyr Grechanovsky did Ukraine find out the frightful truth about what happened to Zhenya in the torture-chambers of Darnitsa district office in the period from March, 2nd till the 10th, 2007.
The "conversation" with Zhenya was held by operative workers V.G.Netreba, Yu.V.Stelmakh, the head of the district criminal investigation department major R.S.Kozyakov and personally the deputy head of Darnitsky district office colonel V.P.Rybka. As a result of the "conversations", they knocked out the boy's front tooth-chisel, seriously injured the ball of his knee. At the end of July, 2007, Oleg Veremeenko visited his client in Kyiv infirmary and saw everything with his own eyes. According to the advocate, Zhenya could not sit for even 5, the knee was constantly swelling.
In contrast to the protagonist of our publication "The Ninth Circle of Hell for Bogdan Khmel'nytsky", who "survived" through all the tortures, Zhenya Novytsky was not a candidate for mastery in boxing, but just a graduate from the boarding-school for retarded children. Thus, he "broke down", after two days of continuous beating he signed a "confession" of the murder that he did not commit. "Irochka, it was so painful that I was ready to sign whichever, only that they stopped beating!" - Zhenya later admitted to his sister.
- Already later, during the court trial, Zhenya mentioned names of each of his executioners, - the advocate O.Veremeenko says - He told about how he was brutally beaten personally by the first deputy head of the district office Rybka, teaching the operative staff how one should unsolved crimes, how he was tortured in turn by the "butchers" Kozyakov, Netreba and Stelmah...
Then Darnitska office of the public prosecutor four times refused to lay an action based on the fact of beating the suspect and four times(!) the court cancelled the public prosecutor's refusals. As a result, executioners in the uniform remained unpunished coming to court as... witnesses. And instead of punishing the guilty, the valorous guys with tabs got engaged together with the cops in forging the prosecution!
- First, there appeared the counterfeited by militia protocol of forming a investigation group signed backdate, and the investigator admitted that himself before the court, - the highly experienced advocate Volodymyr Grechanovsky reports. - As it appeared, the people carrying out operative actions did not have any right to do that! The figure of the senior operative commissioner captain Netreba is especially interesting. He even had no special education, did not even graduate from the militia school! Who and when allowed a person with the diploma of a veterinary in agriculture to work with the people arrested and detained? Who and on which basis awarded Netreba with the rank of the captain of militia? Another counterfeited protocol - on "providing the defendant with the defender". Can you imagine that this forged document dates on February, 9, 2007, so it turns out that it was drafted... 2 days prior to the murder of Vyshnyak! Certainly, no two defenders were ever seen there by anyone, however their surnames were in the protocol. The facts of forgery were so obvious that one of public prosecutors categorically refused to sign the prosecution and drafted a report. And what? The cops immediately found "their own" public prosecutor's assistant who signed the forged prosecution and calmly directed this nonsense to court!
The "fairest" Ukrainian court
This only would be more than enough for the court of any civilized country to scandalously return the case for further investigation, and the defendant would be released right in the court sitting hall.
And consider the complete, unreserved alibi of Novytsky!
Guess where Zhenya was on February, 11th 2007, at the moment of murder of Petro Vyshnyak? Together with his brother Voldymyr Novytsky, his brother-in-law (the unofficial husband of his sister) Viktor Vasylenko and the neighbor Olexander Afonin he was watching on TV the soccer match of the UK premiere-league "Arsenal" vs "Wigan"! This was confirmed before the court by all the abovementioned witnesses! The Galyna Vyshnyak honestly admits that Zhenya was not one of the night visitors. The forensic expertise recognized the blood on his clothes as not human but animal blood - according to Zhenya, on February, 11 he walked his dog, which was attacked by other dogs and had an ear torn, after which the unhappy creature rubbed against its master. The track of Novytsky's trainers does not coincide with any track at Vyshnyak's murder site. And so on.
However, the "fairest" in the world Ukrainian court has its own logic. The shaggy story lasted for more than one and a half years, and all through the time Zhenya was rotting in the overcrowded cell of Kyiv investigation infirmary.
For a long period of time, the defense did not have any direct proofs of Zhenya's beating in militia. But sooner or later all secret things turn out obvious. On November, 13, 2008 a true wonder happened in Darnytsky court!
- We, finally, succeeded in obtaining a unique evidence - the video of militia's reproduction of circumstances of Vyshnyak's murder, - says O.Veremeenko. - The pack with the cassette was unsealed in court. When I saw the shots of Zhenya's face, I asked the judge to pause the demonstration and announced in the microphone what I saw: "I see distinct tracks of beatings on Novytsky's face! A large bruise under his left eye, the swollen left half of his face, circular reddening round his left eye..."
Then suddenly the judge with the prosecutor felt uneasy! Sort of, we see nothing, no bruises, it was just a shade or the lad did not have a good sleep! When together with Zhenya we brought them to reason, the judge suggested inviting an "independent" observer - a girl, the secretary from a neighboring office. I ask her what she saw on the screen. The judge asks as well. And here is her response word by word:
"I saw a large bruise under the detained person's left eye, he has a swollen left half of the face, round the left eye - a reddening. And the impression is that someone hit him with a fist on his face, and not once!!!"
Then the public prosecutor jumped up and yelled: "You are mistaken! This is such a shade! Let's once again rewind the video!"
And thus our "watcher", understanding that her future work depends on her statement, beats a retreat. Well, probably, that was a shade!
...Is it necessary to mention that the video was not included into the counterfeited "cop's" protocol and did not become for judge Bets a proof of tortures?
On December, 16, 2008 the "kind" Darnitsa judge, only on the basis of the "knocked out" acknowledgement of guilt, ignoring the proofs of Novytsky's innocence and all the forgery revealed, sentenced the young man to 9 years in prison. The public prosecutor had pledged for ten.
Now Darnytsa prosecutors are doing their best to put on to trial advocate Veremeenko, who, believe it or not, "betrayed" the secret of investigation by revealing the information about tortures of Novytsky.
Horrors of the Ukrainian constabulary triad are already so obvious that once the President already demanded that the General Prosecutor's office brought to account the officials guilty of conviction of Svetlana Zaytseva, who died immediately after the colony. Then the "tab-wearers", "cops" and judges succeeded in washing off their uniforms. And then, as we can see, nobody cares. Certainly, Zhenya's advocates rely on the appeals court, which recently more and more frequently cancels the "talented" statements of first instance courts maiming people's lives. And if not, how many times more should the European Court stigmatize the constabulary Ukraine that we were never allowed into Europe?
P.S. The Appeals Court cancelled the judgment of guilt and directed the case for further investigation to the public prosecutor:
picasaweb.google.ru/oleg.veremeenko/NovitskiyAppealCourt
P.S. The collection of money for bailing Zhanya out is in progress. You can help as well. The bank account requisites can be found here:
http://community.livejournal.com/ua_antiment/66790.html
***
The response was: While there was absolute alibi, the only "proof" of the boy's guilt was the knocked out with beating and tortures in torture-chambers of Darnitsky district office of militia notorious "acknowledgement of guilt".
And so it is in Russia: The defendant's acknowledgement of his / her guilt of committing the crime can become the foundation for prosecution only provided confirmation of his / her guilt by the aggregate of evidences within the criminal case. Art. 77 p.2 of CPC of RF
On December, 16, 2008 the judge of the capital's Darnitsky court Olexander Betz passed the accusatory judgment to 20-year old Kyivite Yevgen Novitski for the murder that he did not commit. The defendant was sentenced to 9 years of imprisonments. Having the absolute alibi, the only "proof" of the young man's guilt was the notorious "acknowledgement of guilt" obtained by beating and tortures in torture-chambers of Darnytsky district militia department. Thus, two weeks prior to the New 2009 Year, the Ukrainian law-enforcement triad of "militia-prosecutor's office-court" imprisoned another innocent person, proving once again that for the constabulary Ukraine there is no place in the civilized Europe.
"Zhenya was just a friends of the murdered Vyshnyak's son"
On February, 11, 2007, at approximately 19.30., the apartment of the inhabitant of Darnytsky district Galyna Vyshnyak was unexpectedly visited by several sportsmen-looking 18-19-year old lads with shortly haircuts and wearing sports costumes and leather jackets. The uninvited guests were eager to see the husband of Galyna Petro. Later, in court, Galyna confirmed that Yevgen Novitski was not one of the visitors.
At around 21.00 the gangsters met their victim not far from his home. As investigation discovered, the killers brought Petro Vyshnyak down on earth and started beating him with their feet as hard as they could. As a result of the physical damage inflicted, the man died at the spot.
...In the Novitski family with many children (the mother alone had to bring up eight children, as the father died 7 years ago), Zhenya was one of middle ones. The junior Vitalik will only go to the first class next year.
About what kind of boy Zhenya was when growing up and what happened in February 2007, we discuss at the sullen walls of Darnytsky court with Evgen's elder sister Iryna.
- Zhenya has always been a very quiet boy, never had any problems with militia, - Ira says. - He worked (repaired cars), helped our mother, was a fan of collecting postcards, he papered the walls over with them, played computer games... The Vyshnyaks are almost our neighbors, Zhenya was just a friends of Petro's son Sasha and even lent him 150 UAH. Sasha had no opportunity to return the debt, so, just imagine, militia then said that Zhenya killed the father for the son's debt!
But this ridiculous "motive" was absolutely enough for Darnitsa cops. According to Iryna Novytska, they first detained Zhenya as long ago as in February, he was just walking in the street with his fighter dog. The next evening he was released. And then tillm the end of February they summoned him to the district office virtually every other day.
- I always went there together with him, - Iryna remembers, - Zhenya was afraid to go alone. We stayed in the lobby for 2-3 hours, then they used to tell us to go home, the investigator would not come...
And on March, the 2nd Zhenya went there alone. And for 8 days he vanished in militia's torture-chambers. For more than a week the family knew nothing about his location. As it turned out later, on March, 2 Evgen was delivered to the judge of Darnitsky court Vovk, who sentenced the suspect to 6 days of administrative detainment for "malicious disobedience to militia staff". Novytsky's advocates already long ago proved that this was a lie.
On the night from March, 2nd to the 3rd Darnitsa militiamen without an court approvals turned everything upside down in the house of the Novytsky.
It appeared that militia executioners needed the administrative detainment of the suspect to throw him into the chamber of tortures.
"Werewolves" forge, the public prosecutor's office signs.
Only due to Zhenya's courageous and professional advocates Oleg Veremeenko and Volodymyr Grechanovsky did Ukraine find out the frightful truth about what happened to Zhenya in the torture-chambers of Darnitsa district office in the period from March, 2nd till the 10th, 2007.
The "conversation" with Zhenya was held by operative workers V.G.Netreba, Yu.V.Stelmakh, the head of the district criminal investigation department major R.S.Kozyakov and personally the deputy head of Darnitsky district office colonel V.P.Rybka. As a result of the "conversations", they knocked out the boy's front tooth-chisel, seriously injured the ball of his knee. At the end of July, 2007, Oleg Veremeenko visited his client in Kyiv infirmary and saw everything with his own eyes. According to the advocate, Zhenya could not sit for even 5, the knee was constantly swelling.
In contrast to the protagonist of our publication "The Ninth Circle of Hell for Bogdan Khmel'nytsky", who "survived" through all the tortures, Zhenya Novytsky was not a candidate for mastery in boxing, but just a graduate from the boarding-school for retarded children. Thus, he "broke down", after two days of continuous beating he signed a "confession" of the murder that he did not commit. "Irochka, it was so painful that I was ready to sign whichever, only that they stopped beating!" - Zhenya later admitted to his sister.
- Already later, during the court trial, Zhenya mentioned names of each of his executioners, - the advocate O.Veremeenko says - He told about how he was brutally beaten personally by the first deputy head of the district office Rybka, teaching the operative staff how one should unsolved crimes, how he was tortured in turn by the "butchers" Kozyakov, Netreba and Stelmah...
Then Darnitska office of the public prosecutor four times refused to lay an action based on the fact of beating the suspect and four times(!) the court cancelled the public prosecutor's refusals. As a result, executioners in the uniform remained unpunished coming to court as... witnesses. And instead of punishing the guilty, the valorous guys with tabs got engaged together with the cops in forging the prosecution!
- First, there appeared the counterfeited by militia protocol of forming a investigation group signed backdate, and the investigator admitted that himself before the court, - the highly experienced advocate Volodymyr Grechanovsky reports. - As it appeared, the people carrying out operative actions did not have any right to do that! The figure of the senior operative commissioner captain Netreba is especially interesting. He even had no special education, did not even graduate from the militia school! Who and when allowed a person with the diploma of a veterinary in agriculture to work with the people arrested and detained? Who and on which basis awarded Netreba with the rank of the captain of militia? Another counterfeited protocol - on "providing the defendant with the defender". Can you imagine that this forged document dates on February, 9, 2007, so it turns out that it was drafted... 2 days prior to the murder of Vyshnyak! Certainly, no two defenders were ever seen there by anyone, however their surnames were in the protocol. The facts of forgery were so obvious that one of public prosecutors categorically refused to sign the prosecution and drafted a report. And what? The cops immediately found "their own" public prosecutor's assistant who signed the forged prosecution and calmly directed this nonsense to court!
The "fairest" Ukrainian court
This only would be more than enough for the court of any civilized country to scandalously return the case for further investigation, and the defendant would be released right in the court sitting hall.
And consider the complete, unreserved alibi of Novytsky!
Guess where Zhenya was on February, 11th 2007, at the moment of murder of Petro Vyshnyak? Together with his brother Voldymyr Novytsky, his brother-in-law (the unofficial husband of his sister) Viktor Vasylenko and the neighbor Olexander Afonin he was watching on TV the soccer match of the UK premiere-league "Arsenal" vs "Wigan"! This was confirmed before the court by all the abovementioned witnesses! The Galyna Vyshnyak honestly admits that Zhenya was not one of the night visitors. The forensic expertise recognized the blood on his clothes as not human but animal blood - according to Zhenya, on February, 11 he walked his dog, which was attacked by other dogs and had an ear torn, after which the unhappy creature rubbed against its master. The track of Novytsky's trainers does not coincide with any track at Vyshnyak's murder site. And so on.
However, the "fairest" in the world Ukrainian court has its own logic. The shaggy story lasted for more than one and a half years, and all through the time Zhenya was rotting in the overcrowded cell of Kyiv investigation infirmary.
For a long period of time, the defense did not have any direct proofs of Zhenya's beating in militia. But sooner or later all secret things turn out obvious. On November, 13, 2008 a true wonder happened in Darnytsky court!
- We, finally, succeeded in obtaining a unique evidence - the video of militia's reproduction of circumstances of Vyshnyak's murder, - says O.Veremeenko. - The pack with the cassette was unsealed in court. When I saw the shots of Zhenya's face, I asked the judge to pause the demonstration and announced in the microphone what I saw: "I see distinct tracks of beatings on Novytsky's face! A large bruise under his left eye, the swollen left half of his face, circular reddening round his left eye..."
Then suddenly the judge with the prosecutor felt uneasy! Sort of, we see nothing, no bruises, it was just a shade or the lad did not have a good sleep! When together with Zhenya we brought them to reason, the judge suggested inviting an "independent" observer - a girl, the secretary from a neighboring office. I ask her what she saw on the screen. The judge asks as well. And here is her response word by word:
"I saw a large bruise under the detained person's left eye, he has a swollen left half of the face, round the left eye - a reddening. And the impression is that someone hit him with a fist on his face, and not once!!!"
Then the public prosecutor jumped up and yelled: "You are mistaken! This is such a shade! Let's once again rewind the video!"
And thus our "watcher", understanding that her future work depends on her statement, beats a retreat. Well, probably, that was a shade!
...Is it necessary to mention that the video was not included into the counterfeited "cop's" protocol and did not become for judge Bets a proof of tortures?
On December, 16, 2008 the "kind" Darnitsa judge, only on the basis of the "knocked out" acknowledgement of guilt, ignoring the proofs of Novytsky's innocence and all the forgery revealed, sentenced the young man to 9 years in prison. The public prosecutor had pledged for ten.
Now Darnytsa prosecutors are doing their best to put on to trial advocate Veremeenko, who, believe it or not, "betrayed" the secret of investigation by revealing the information about tortures of Novytsky.
Horrors of the Ukrainian constabulary triad are already so obvious that once the President already demanded that the General Prosecutor's office brought to account the officials guilty of conviction of Svetlana Zaytseva, who died immediately after the colony. Then the "tab-wearers", "cops" and judges succeeded in washing off their uniforms. And then, as we can see, nobody cares. Certainly, Zhenya's advocates rely on the appeals court, which recently more and more frequently cancels the "talented" statements of first instance courts maiming people's lives. And if not, how many times more should the European Court stigmatize the constabulary Ukraine that we were never allowed into Europe?
P.S. The Appeals Court cancelled the judgment of guilt and directed the case for further investigation to the public prosecutor:
picasaweb.google.ru/oleg.veremeenko/NovitskiyAppealCourt
P.S. The collection of money for bailing Zhanya out is in progress. You can help as well. The bank account requisites can be found here:
http://community.livejournal.com/ua_antiment/66790.html
***
The response was: While there was absolute alibi, the only "proof" of the boy's guilt was the knocked out with beating and tortures in torture-chambers of Darnitsky district office of militia notorious "acknowledgement of guilt".
And so it is in Russia: The defendant's acknowledgement of his / her guilt of committing the crime can become the foundation for prosecution only provided confirmation of his / her guilt by the aggregate of evidences within the criminal case. Art. 77 p.2 of CPC of RF