“My crime against Russia that I am Ukrainian”: As in Chechnya judged Karpyuk and Cliche

"Мое преступление перед Россией в том, что я украинец": Как в Чечне судят Карпюка и Клыха

At the end of last week Chechen court the decision of the jury was recognized Ukrainians Mykola Karpiuk and Stanislav Cliche guilty of participation in combat actions on the territory of Chechnya in the 90 years and the murder of the Russian military. By the end of the month, when the judge of the Supreme court of Chechnya Vakhit Ismailov will stand in judgment and determine the punishment of the Ukrainians, Moscow will have two more hostages that can be traded with Kiev.

The latter today also joined by two candidates for bargaining. Since may 24, came into force the sentence of the Ukrainian court two Russian Grushnikov: Alexander Alexandrov Evgeny Erofeev condemned to 14 years and confiscation of property for participation in an aggressive war against Ukraine and the terrorist attack that led to the death of the Ukrainian military. Their defense did not appeal the verdict, hoping that more effective may be a petition for pardon to the President Poroshenko. However, to submit it was possible only after the sentence comes into legal force.

Related news: the jury has recognized Ukrainians Karpyuk and Cliche guilty of the murder of the Russian military in Chechnya

If Karpiuk, which the jury did not consider worthy of leniency, the judge handed down a life sentence, it would impede the process of transfer him Home. So says lawyer mark Feigin, which is actually a process in Chechnya has no relation, but after the announcement of a jury verdict are actively commented.

The case of the death of the Russian military during the storming of Grozny on 31 December 1994 have arisen at the same time, immediately after the First Chechen war. Then followed by Amnesty, the matter was forgotten, and the dust will be blown off only in 2014. At the same time in the hands of Russian security forces were two Ukrainians, whose names are in the list of members of the nationalist organization UNA-UNSO: Karpuk took before the capture of the Crimea, Cliche a little later, in the summer of 2014.

According to the official version, Karpyuk, was delegated from the Ukrainian nationalists (UNA-UNSO, Right sector, Trident of Stepan Bandera and other organizations), to negotiate with the representative of the Kremlin. He went to Russia to persuade Moscow not to hold a referendum on the Peninsula. It sounds strange, but then the annexation and even more military action against Ukraine seemed impossible, people believed that the rules of the game exist. He went with Vyacheslav Fursov and driver, but the car was detained at the Russian checkpoint on the border. Fursa then returned to Ukraine, and Karpyuk was gone for a year, it has not allowed lawyers, and tortured.

“I was tied with ropes to the feet and hands, the handcuffs were removed. The second toe of the right foot and the middle finger of the right hand attached terminals. Then began to pass through me an electric current with different duration: the for tens of seconds, the instantaneous shocks, a long time. How long this lasted, I do not know. I in no way confessed, because did not participate in hostilities… Via electrical torture of my numb fingers. I felt bad. Took out me for these “procedures” in four nights. Current was passed through different parts of the body: through the body, through the heart, through the sexual organs. I was stuck under the nails some needles, but I didn’t feel pain, probably due to the fact that not felt the fingers”, – Karpyuk wrote about the torture suffered during the investigation in Vladikavkaz.

"Мое преступление перед Россией в том, что я украинец": Как в Чечне судят Карпюка и Клыха

He was charged that he participated in combat actions against Federal forces in Chechnya in 1994 and in the early 2000s, were trained in the camps of Salman Raduyev in the Vedeno district. Karpyuk held and denied it. Broke it when they believed the threats, that the operational group who tortured him with electricity, can steal from the Rivne region of his infant son.

Related news: Poroshenko promises to make every effort to release Karpyuk and Cliche

This story gets even more strange due to the reaction of the leadership of the Right sector, who said immediately after the capture Karpyuk that he went to Russia illegally, not having any authority to negotiate. Fursa, who, according to Karpyuk organized a meeting with representatives of the Kremlin, refused to comment. I tried informally to check whether the recorded border-crossing Karpyuk – I was told that no documentary evidence.

In June 2015, the Russian investigator who conducted the case Karpiuk, sent a request to Ukraine with a request to provide legal assistance. This is often the formal procedure, in fact, could seriously help protect Ukrainians in Chechnya: Karpyuk called a list of names who can confirm that in the new year’s eve 1994, he was in Ukraine, the lawyer gave this list of Ukrainian security forces. But when they got it, the murder case was immediately closed, the request of the investigator and lawyer left unattended until February 2016, when the Ukrainians came to Kiev and spoke at press conferences and in the media.

Stanislav Klyh in the UNA-UNSO was also at the beginning of the formation of the party, managed to participate in several events, and then interest was lost. In Russia, he came himself to meet up in eagle with a girl that he met before. He was detained in the hotel, what exactly happened there is not known.

"Мое преступление перед Россией в том, что я украинец": Как в Чечне судят Карпюка и Клыха

No Karpyuk, no Klyh in the case of the death of the Russian military in Chechnya has never appeared. The first of them said the only witness for the prosecution — Alexander Malofeev. Several times he was convicted in the Crimea for robbery, then moved to Russia and already sat for 24 years, States that fought in Chechnya, but much better than the events in the breakaway Republic versed in the criminal world of the Crimean Peninsula. Now he is living with HIV, tuberculosis and remembered that I had seen Karpyuk and Cliche in Chechnya after being detained by Russian security forces. To do this, the investigator made an additional Protocol of the interrogation.

“Chechnya is not really Russian, and Chechen, the court is not quite Russian,” – said the lawyer Ilya Novikov after the verdict of the jury, bearing in mind that this is a very specific region. In any other region of Russia to expect that the verdict in this political case will be an acquittal, of course, was not necessary, and here it was possible. In Chechnya, the events of the First war I remember very well, fought a lot.

Related news: Lutkovska insists on investigating torture against Karpuk

“We were here and saw what was happening, and prosecutors were not”, – appealed to the jury Dokka Itslaev. The panel went to the jury room in the evening and quickly make the decision failed, then there was someone who disagreed with the accusation and to persuade him from colleagues failed. Among them was juror No. 14, which required to remove from the Board attorneys. After one of the sessions, she got together with others from the Supreme court building, and urged colleagues: “you Cannot go against the government, you can not let the Ukrainians.” In Grozny, she works as a school principal and a few people from the Board — her direct subordinates. In General, it is prohibited by law, but also prohibited to disclose personal data of the jurors.

During the debate, Ilya Novikov, said that the lawyers in this process was not put under pressure. This is true, and it’s allowed to hope for a verdict of acquittal. Because you need to understand what Chechnya and how Seagate here the power of Ramzan Kadyrov. When, in February 2014, the President of Chechnya was dissatisfied with the jury’s verdict, release the two suspects in the attacks on the homes of officials, there is nothing to prevent to delay the released in a courtroom again. At the same time Kadyrov unconstitutionally voted for the abolition of trial by jury in the Republic. For trial Karpyuk and Cliche not to follow, he could not, and the lack of pressure on lawyers and on rare journalists who covered the process, the protection was interpreted as, at least, neutrality.

In the final days of the trial the conflict between the head of the Republic and the President of the Supreme court, which reports directly to Moscow entered its final stage: Kadyrov suggested that the judge alone to leave the post, he at first refused, and then left, apologizing to the entire Chechen people. It says a lot about the degree of influence of Kadyrov on the judicial system, which is declared as independent. If he found it necessary to put pressure on lawyers, juries and journalists, it would have been done obviously and clearly. I think that when this is not followed, the jury still decided not to risk it. For the “wrong” actions in Chechnya are paying the price of the burnt house and the loss of their homeland.

The attention of the Chechen authorities to the case Karpyuk and Cliche emerged only during the last sessions, when the hall suddenly appeared a spokesman for Kadyrov, Alvi Karimov. However, he stated that he went to the accident process, to look at the jury. He left the spokesman, who wondered how the jury reached a verdict, if there are no pictures and no documentary evidence that Karpyuk and Klyh were in Chechnya in the mid-90s. Lawyer Dokka Itslaev quite confidently stated that the jury was pressured. “They could not make a guilty decision, despite the obvious facts without pressure”, – he was surprised. That the jury received anonymous threats, said before the debate of the parties and the judge Vakhit Ismailov, who demanded to Board goszaschitu. “We have access to information about the jury is not present, – has declared then the lawyer. – It was in favor of the prosecution”. Threats on the one hand, and the silence of the Republican leadership on the other was enough that a jury found guilty of Ukrainians.

"Мое преступление перед Россией в том, что я украинец": Как в Чечне судят Карпюка и Клыха

Kadyrov non-interference can be explained: after the verdict, the Ukrainians have many Chechens, the question may arise – “If these people today convicted on charges of military operations for the then interests of Chechnya, why tomorrow can’t blame us”. The war was only twenty years ago, and the charges that he participated in camps Raduyev and even less, of the witnesses and participants are still missing. If the head of the Republic has publicly shown his agreement with the prosecution, this question would have to ask out loud. “This case did not arise here, it came up with strangers, that your hands want to finish the job,” – appealed to the jury Ilya Novikov, transparently hinting that Moscow, and to put it simply Russia’s Investigative Committee and the FSB, the Chechen use the Board to get two more Ukrainian hostages. But to explain in 2016 criminal case against the Ukrainian people on the events of 20 years ago, is more complicated.

Related news: Karpyuk the last word in court: my Only crime against Russia — the fact that I am Ukrainian

In every political case against citizens of Ukraine who are being considered, or has already ended in Russia, but the actual defendants are invisibly present very different persons, often from the leadership of Ukraine, political or business elite. In the case of Oleg Sentsov is the then head of the “Right sector” Dmitry Yarosh, in the case of Savchenko is the former commander of “Aydar” Sergey Melnichuk, in the case of Sergei Litvinov — Arsen Avakov and Igor Kolomoisky. Near Karpyuk and Klahom in the courtroom is always the ex-Prime Minister of Ukraine Arseniy Yatsenyuk. Also invisibly, of course. His name in the testimony Malofeeva, by the way, appeared before the names of the defendants before their arrest. It connects all the cases against the Ukrainians in one so-called Big Ukrainian case about the events in the Donbas and in the Crimea. It was born together with the Department on investigation of crimes related to the use of prohibited means and methods of warfare of IC Russia, which was headed by General Alexander Drymanov. Prior to that he was investigating war crimes in South Ossetia during the war with Georgia. Employees of the Department created for the Russian television business Savchenko, and on the first day of work said that they had already “investigated criminal cases against members of UNA-UNSO” – Mazur, Bobrovych, Yarosh, Korchinsky, brothers Tyagnibok, Hominy and others.” We are talking about the case Karpyuk and Cliche, but they are in the official press release is not even mentioned. In fact, if it were not for the annexation of the Crimea, if there were no military operations in the East of Ukraine, there would be no trial in Grozny. Ukrainians in Chechnya in the mid-90s really fought on the side of Ichkeria. For the whole of the First war, there was not a lot, no more than four dozen, but remember them well and speak very warmly of the Chechens who fought with them. Another thing is that there is not a single Chechen who would say that it was this Karpyuk or Cliche.

“My only crime against Russia that I am Ukrainian,” – said in the last word Nikolay Karpyuk. If you look at the Chechen case of the Ukrainians without any particular emotion, in General, the way it is.

Anton NumLock