Wiretapping the conversations of Colonel of the Ministry of internal Affairs of Dmitry Zakharchenko, which formed the basis of his criminal case, the FSB conducted without court decisions. This was told by his lawyer Yuri Novikov. The lawyer has sent to the Moscow Prosecutor’s office a complaint against the conduct of operational-investigative activities.
Zakharchenko had been arrested on 10 September. He is accused of receiving a bribe, abuse of power and obstruction of preliminary investigation (article 290, 285 and 294 of the Criminal code). ACCORDING to investigators, Zakharchenko 7 million warned the head of Nota-Bank Galina Gorchakovu about the impending searches in the Bank and a call on interrogation. In the summer of 2016 Marchukova and the heads of Bank brothers Dmitry and Vadim Erohina was uctovani. Zakharchenko acknowledged familiarity with Gorchakovo, but claimed that he was the initiator of the inspections by the Bank. During the arrest in the apartment of the sister Zakharchenko were found more than 8 billion rubles.
The lawyers claim that the wiretaps, which allowed them to delay Zakharchenko, was obtained illegally. “Operatively-search actions (ORM), limiting the constitutional rights of our client, in violation of the requirements of the law was conducted in the absence of a judicial decision,” — said Novikov. He noted that we are talking about recordings of conversations Zakharchenko.
According to the law “about operatively-search activity”, investigators must obtain permission of the court, which will indicate to the implementation of any ORM given consent. The validity of this decision was limited to six months. In exceptional cases, investigative activities can actually be conducted without a court decision, but operational staff should still come out with a petition to the court.
According to the lawyer Novikova, transcripts of conversations, which is in the case do not contain evidence of guilt Zakharchenko. The Colonel at the time of election to it measures of restraint in the Presnensky court of the capital claimed to have known that he was under surveillance and the words which recorded the FSB now and put him in the guilt “was only a joke”.
Now, says lawyer Novikov, Zakharchenko gives a reading, using the article 51 of the Constitution, but this is due to the fact that the defense is not fully understood the essence of the charges.
Their criminal Affairs Zakharchenko said “custom”. His lawyer said that according to investigators, his principal received a bribe in December 2015, but a criminal case was opened only nine months later — in September 2016 immediately after Zakharchenko’s appointment temporarily fulfilling duties of the head of the “T”, Gubik MIA. The purpose of criminal prosecution can be offset Zakharchenko from the post, suggests Novikov.