Protection of the convicted in the “case Tsapkov” Vyacheslav Tsepovyaz sent two appeals to the General Prosecutor’s office. Attorney Zapowiada Eduard Churgulia asked to check the actions of the staff of the Investigative Committee refused to initiate criminal proceedings on the statements of Tapovana of texts is available . Complaints were sent on March 10.
The lawyer insists that the Investigation Committee was to initiate proceedings under article “incitement to suicide”, “excess of official powers with application of violence” and “coercion to testify” (article 110, paragraph and part 3 of article 286, part 2 of article 302 of the criminal code). According to Gurgulia, regulations RCDS should be abolished, and the materials sent for re-validation.
The Prosecutor’s office did not respond to requests .
The complaints of Caponata notes that he was arrested the last of all the defendants in the case: he was detained on 14 January 2011, when the rest Capki either been imprisoned or have been declared wanted. Zapowiada delivered in a temporary detention facility (IVS) of Vladikavkaz, where he was visited by the investigator Vitaliy Borodin.
“He said that I arrived in hell that the Investigative Committee is going to kill me and he will investigate the crime and, of course, the perpetrators can not find” — presented in the complaint, the words of Caponata. He also described how he was taken out from IVS with a plastic bag over his head and a Scotch on the eyes and tortured at an unknown location. “I was raised on the third floor, held down a long corridor, then brought to an office and tied him with tape to a chair so I couldn’t move. I asked the person [in the office], why they do it. He advised to call him “Dr. pain” and said that now I know why that’s his name,” said Tsepovyaz.
The complaint States that he was strangled with the package, was beaten on the head “something like a plastic bottle filled with water”, was threatened with rape and were not fed. All this, according to Tsepovyaz, was done by order of the investigator Borodin. “They wanted to know who recorded my company and who will be managing my companies, if I die,” said the defendant in the case.
Another lawyer of Caponata Elbrus Murtazov in conversation with noted that in may 2011 all the prisoners from the temporary detention facility of Vladikavkaz were taken to a detention center in assumption. As it turned out later, this was due to the fact that in Vladikavkaz came checking the European Committee for the prevention of torture.
In the assumption Tsepovyaz opened his veins. Blade gave him a cellmate Andrey Rezanov, later convicted for the murder of Minister of internal Affairs of Dagestan. “I cut my hand so badly that I got in the hole climb the little finger, and the length of the incision was approximately 20-25 centimeters,” — said Tsepovyaz in the complaint.
In the appeal to the Prosecutor General stated that soon after the accused came to the investigator Borodin. “He said that I should head cut off — be quick be dead”, — quotes Tsepovyaz employee’s TFR. The next morning, for the first time the accused received medical treatment — in the camera came to him by a guard and dressed the wound. Later the lawyer Murtazovo managed to get the bloody things his client. He gave them for examination, which found in the blood of Caponata traces of phenobarbital — antiepileptic drug that can cause hallucinations, according to the study (). The investigator Borodin did not answer the call .
The history of complaints
On zapowiada torture of the accused and his wife complained in 2011 and 2013, but both times the TFR refused to initiate criminal proceedings, noting that “Tsepovyaz erred in good faith regarding the fact of Commission of crime”.
Ill-treatment complained all the defendants in the case, which is also kept in the detention center of Vladikavkaz, said the lawyer Igor Skripka, who defended Sergei Hoe. About the cruel treatment of detainees kept in the IVS of Vladikavkaz, and at night are transported to another place and tortured, had been repeatedly reported by human rights activists from the “Committee against torture”, Amnesty International, and Memorial.
The investigation of the case of the gang Sergei Hoe began after November 4, 2010 in the village Kushchevskaya Krasnodar region killed 12 people — the family of farmer Server Ametov and his guests. According to investigators, Tsepovyaz was close Hoe, but on an episode of mass murder in kuschevke charges against him were not filed.
Tsepovyaz was sentenced to 19 years and 10 months in prison and a fine of 250 thousand rubles. In March 2016, he complained to the European court of human rights on violations committed during the trial of the “Tsapkov”.