6. Given
that the investigation period was on 23.11.2009, Major Yurochka VM was
willfully exceeded all my family members have refused it, the 23/11/2009 to
testify as witnesses to this investigator, who was offside. But he is us
"trick" (and maybe himself), drew up a report questioning the witness
Chernyuk Vasily Yurevich born 1995, on behalf of the witness, who declined to
give testimony, recorded in the minutes of its non-existent evidence, to create
artificial evidence. It is the creation of artificial evidence, forgery.
Created Yurochka VM also dangerous to the rule: "He refused to testify? So
I am for you and give you a sign, "but that it generally qualifies Art.
366, 383, 384 of the Criminal Code of Ukraine.
7.
Photographing luminescence traces on the clothing was made without filters in
the rays of daylight. Since the intensity of the radiation caused by a weak
ultraviolet searchlight is very small, and to identify its possible only in the
dark, it was necessary during the study to exclude visible light, ultraviolet
radiation sources considered. This is easily done by using special filters.
During the photographing light filter has been concluded between the
ultraviolet radiation projector and the object - hands Chernyuk AY Darkness
simulated ryadninkoy in 17god 00 min. 09/26/2009 in porch, where Chernyuk AY in
the sun. Photographing was carried out in the sun, so the luminescence on the
hands Chernyuk Alexander did not appear. In addition, another very significant
amount of solar visible violet and red colors have interfering effects, the photographer
Servetnik photographed something, but no luminescence. These falsifications
were witnessed by the police in the photos table photos that are in the
business. One of the photographs in the photo table can be seen as a graft
material fails closed rays of daylight. Luminescence in the photograph was
drawn later in the pre-trial investigation on the computer with a graphical
editor. Curved arrow on the printed photos in a criminal case are given, to
finish, or rather falsified traces of the crime, namely, draw the following
nonexistent luminescence. Moreover, from the testimony of Chernyuk AY Data in
the hearing in the operational procurement of 26.09.2009, the paint has been
involved Luch-1 "long-term action, but on the second day," Promin-1
"short-term actions. Their characteristics are similar but not identical.
That is why, follow the paradise Attorney Korzhenko SA Art. Investigator
Yurochka VM sent for examination to compare the dye, which was not carried out
by an expert. Traces of the luminescence of clothing seized 09/26/2009,
09/27/2009 and clothing seized did not match. This clothing from two different
episodes. Such 7. Photographing luminescence traces on the clothing was made
without filters in the rays of daylight. Since the intensity of the radiation
caused by a weak ultraviolet searchlight is very small, and to identify its
possible only in the dark, it was necessary during the study to exclude visible
light, ultraviolet radiation sources considered. This is easily done by using
special filters. During the photographing light filter has been concluded
between the ultraviolet radiation projector and the object - hands Chernyuk AY
Darkness simulated ryadninkoy in 17god 00 min. 09/26/2009 in porch, where
Chernyuk AY in the sun. Photographing was carried out in the sun, so the
luminescence on the hands Chernyuk Alexander did not appear. In addition,
another very significant amount of solar visible violet and red colors have
interfering effects, the photographer Servetnik photographed something, but no
luminescence. These falsifications were witnessed by the police in the photos
table photos that are in the business. One of the photographs in the photo
table can be seen as a graft material fails closed rays of daylight.
Luminescence in the photograph was drawn later in the pre-trial investigation
on the computer with a graphical editor. Curved arrow on the printed photos in
a criminal case are given, to finish, or rather falsified traces of the crime,
namely, draw the following nonexistent luminescence. Moreover, from the
testimony of Chernyuk AY Data in the hearing in the operational procurement of
26.09.2009, the paint has been involved Luch-1 "long-term action, but on
the second day," Promin-1 "short-term actions. Their characteristics
are similar but not identical. That is why, follow the paradise Attorney
Korzhenko SA Art. Investigator Yurochka VM sent for examination to compare the
dye, which was not carried out by an expert. Traces of the luminescence of
clothing seized 09/26/2009, 09/27/2009 and clothing seized did not match. This
clothing from two different episodes. Such actions are qualified art. 366, 383
of the Criminal Code of Ukraine.
8.
Passing next to Bereznegovatskoy district hospital about 21 hours 26/09/2009,
Major Khodyko OV not conducted medical examinations of detainees after the
operational procurement Chernyuk AY. There have been no medical examination and
after the Surma personally wrote on behalf of Chernyuk AY about 3 am
26.09.2009, he was supposed to explain, and forced to sign under samoogovornymi
evidence, which indicated that Chernyuk AY anti-smoking hemp, and may be in a
state of narcotic intoxication. The detainee Chernyuk AY require a medical
examination in a room Bereznegovatskogo police department, but the fear of
liability for bruising policemen hid from justice is a crime, because criminal
liability for torture is much more than that "forgot" to a medical
examination despite statti193 Code of Criminal Procedure. Chernyuk AY leading a
healthy lifestyle, not smoke, do not consume drugs.
9. Help
Maleevskoe village council of family members (AS 206) Chernyuk from 25.10.2009r
.- fake, so pre-trial investigation station. investigator Yurochka VM not
tested adequately alibi suspect while Chernyuk AY The certificate illegally
absent two older brothers suspect Gregory and Yuri, which are set in with.
Maleevka but temporarily residing in a. Sebino Novoodeska district, where the
25/08/2008 at 100 km 9. Help Maleevskoe village council of family members (AS
206) Chernyuk from 25.10.2009r .- fake, so pre-trial investigation station.
investigator Yurochka VM not tested adequately alibi suspect while Chernyuk AY
The certificate illegally absent two older brothers suspect Gregory and Yuri,
which are set in with. Maleevka but temporarily residing in a. Sebino
Novoodeska district, where the 25/08/2008 at 100 km from the operational point
of purchase was
Chernyuk AY. Art. investigator Maj. Yurochka
VM not carried out properly instructed the District Attorney Korzhenko SA verification
alibi suspect Chernyuk AY , Of confrontation and process identification parade.
This certificate of family composition in Annex № _. Action Chernyuk AY. Art.
investigator Maj. Yurochka VM not carried out properly instructed the District
Attorney Korzhenko SA verification alibi suspect Chernyuk AY , Of confrontation
and process identification parade. This certificate of family composition in
Annex № _. The action of the inspector is qualified by Art. 365.366 of the
Criminal Code of Ukraine;
10. Violation
of human Chernyuk AU, which has been delivered or have been invited, as claimed
in his report to Major Khodyko OV, the room Bereznegovatskogo police department
to obtain information from him about the crimes began with a failure to comply
with legislation to document host arrested in police department. Stay indoors
Chernyuk O.YU Bereznegovatskogo police station without giving him formal legal
status of artificially created the preconditions for violation of his rights,
the more that without the status of a detainee, he did not receive special
rights provided for such person by law.
Violation
of the rights of the detainee Chernyuk AY it is keeping them indoors
Bereznegovatskogo police station without registering the fact of detention, and
even over time, which greatly exceeds the maximum permitted period of detention
in the police department, namely, more than 3 hours. According to Section 4 of
the Regulations on the organization of the duty of the police department
approved by order of Ministry of Internal Affairs of Ukraine from 18.08.1992 №
485 on duty the night of 26/09/2009 to 27/09/2009, the city did not conduct
personal searches Chernyuk AY and inspection of personal belongings of the
detainee, it should be noted in the record that was found. Delivered at 21.00
09/26/2009, the Chernyuk AY until the minutes of the CPC st.115 only after 15
hours without having the status of a detainee, with the acquisition of the
rights of the detainee and was not provided with food according to the norms of
these individuals. Given the circumstances (at night) and the condition of
Bereznegovatskogo police station (distance from the nearest Snigirevskaya ITT,
difficulties with transportation and gasoline, etc.) the excess of this period
in this case, one could understand. But in this case arrested Chernyuk AY had
always provided with food and bedding. Room for the detainees is intended for
detainees' rights violation Chernyuk AY it is keeping them indoors
Bereznegovatskogo police station without registering the fact of detention, and
even over time, which greatly exceeds the maximum permitted period of detention
in the police department, namely, more than 3 hours. According to Section 4 of
the Regulations on the organization of the duty of the police department approved
by order of Ministry of Internal Affairs of Ukraine from 18.08.1992 № 485 on
duty the night of 26/09/2009 to 27/09/2009, the city did not conduct personal
searches Chernyuk AY and inspection of personal belongings of the detainee, it
should be noted in the record that was found. Delivered at 21.00 09/26/2009,
the Chernyuk AY until the minutes of the CPC st.115 only after 15 hours without
having the status of a detainee, with the acquisition of the rights of the
detainee and was not provided with food according to the norms of these
individuals. Given the circumstances (at night) and the condition of
Bereznegovatskogo police station (distance from the nearest Snigirevskaya ITT,
difficulties with transportation and gasoline, etc.) the excess of this period
in this case, one could understand. But in this case arrested Chernyuk AY had
always provided with food and bedding. Room for the detainees is designed for
the maintenance of those three hours.
Equipment
room for inquiry in which Chernyuk AY kept continuously 36 hours does not
provide that he can sleep in it. As a consequence, the lack of bedding
(mattresses, bedding, etc.) that is a violation of the Order of the Ministry of
Internal Affairs of Ukraine from 25.09.2006 № 946. Moreover, given that he is
in the room more than three hours, police are obliged to feed him a hot meal,
for which a duty unit must be: bowls (plates) for the first dish, a bowl (dish)
for the second dish, mug, spoon (subject to one bed or one person). However, in
a room Bereznegovatskogo police station where the detainee Chernyuk AY was 36
hours, the detainees were not fed and they do not provide bedding (the duty
unit has neither food equipment rooms for interrogation in which Chernyuk AY
kept continuously 36 hours does not stipulate that he can sleep in it. As a
consequence, the lack of sleeping accessories (mattresses, bedding, etc.),
which is a violation of the Order of Ministry of Internal Affairs of Ukraine
from 25.09.2006 № 946. Moreover, given that he is in the room more than three
hours, police are obliged to feed hot meals for which in part must be on duty:
bowls (plates) for the first dish, a bowl (dish) for the second dish, mug,
spoon (including on one bed or one person). However, in a room
Bereznegovatskogo police station where the detainee Chernyuk A. Yu was 36
hours, the detainees were not fed and they do not provide bedding (the duty
unit has no food, no utensils, no bedding).
Security
detainees in rooms delivered, food provided by part 5, Art. 5 Law of Ukraine
"On Militia" and Section 4.4.4. Instructions on the organization of
the duty of the city and district departments (offices) of Internal Affairs on
transport, urban and township departments (offices) militia, approved by Order
of Ministry of Internal Affairs of Ukraine from 18.08.1992, № 485 "On
measures to further improve the activity duty service ATS Ukraine ", and
ensuring linen - Providing detainees in rooms delivered, food provided by part
5, Art. 5 Law of Ukraine "On Militia" and Section 4.4.4. Instructions
on the organization of the duty of the city and district departments (offices)
of Internal Affairs on transport, urban and township departments (offices)
militia, approved by Order of Ministry of Internal Affairs of Ukraine from
18.08.1992, № 485 "On measures to further improve the activity duty
service ATS Ukraine ", and ensuring linen - the requirements of the Order
of Ministry of Internal Affairs of Ukraine from 25.09.2006 № 946.
The room
for inquiry Bereznegovatskogo police station toilet is also absent, so
prikovany handcuffed to a pipe Chernyuk AY failed to promptly go to the toilet
in the yard, and police zamorennye after being tortured at this time were
drinking in the second room and the police department did not provide free
access to a toilet. This caused even more physiological torture and
humiliation. Was not provided in the room for inquiry Bereznegovatskogo police
department free access to drinking water, causing the detainee was thirsty.
There is a solution of College Affairs of Ukraine № 29km/02 of 12.07.2007
"On the state meet the requirements of Internal Affairs of Ukraine on
ensuring the constitutional rights and freedoms, the rule of law and to prevent
accidents in internal affairs bodies, approved by Order of the Ministry of
Internal Affairs of Ukraine № 243 from 12.07. 2007, in accordance with clause
13.9. which must be "in all the organs and entities to provide logging of
citizens who were in the room during the working day and night." But it
does not hold. Registration of persons who come to Bereznegovatskogo police
department, is careless, a register of individuals who come to
Bereznegovatskogo police department is also taking place in the room for
inquiry Bereznegovatskogo police station toilet is also absent, so prikovany
handcuffed to a pipe Chernyuk AY failed to promptly go to the toilet in the
yard, and police zamorennye after being tortured at this time were drinking in
the second room and the police department did not provide free access to a
toilet. This caused even more physiological torture and humiliation. Was not
provided in the room for inquiry Bereznegovatskogo police department free
access to drinking water, causing the detainee was thirsty. There is a solution
of College Affairs of Ukraine № 29km/02 of 12.07.2007 "On the state meet
the requirements of Internal Affairs of Ukraine on ensuring the constitutional
rights and freedoms, the rule of law and to prevent accidents in internal
affairs bodies, approved by Order of the Ministry of Internal Affairs of
Ukraine № 243 from 12.07. 2007, in accordance with clause 13.9. which must be
"in all the organs and entities to provide logging of citizens who were in
the room during the working day and night." But it does not hold.
Registration of persons who come to Bereznegovatskogo police department, is
careless, a register of individuals who come to Bereznegovatskogo police
department also takes place formally and casually.
Violation
of human Chernyuk AY:
1.
Detention for 25 hours, chained, handcuffed to a radiator, on the floor like a
dog without a bed, mattress;
2. There
is no registration of entry and exit from the police department, there is no
signature, no complaints
3.
Refusal to feed the detainee access to water, sleep.
4.
Unsecured access to a toilet.
5. There
is no IVS, but the detainee was not given bedding
6. In
the police department has no running water but tank with taps for drinking
water is not
7. Sleep
deprivation for 36 hours.
11. Once
the expert Servetnik VV 09.26.2009 at 21.00 at room Bereznegovatskogo police
station took off Chernyuk AY fingerprints, inspector regime's secret service
police department lieutenant Bereznegovatskogo Surma AN personally on the night
of 26 to 27 September 2009 to interview Chernyuk AY and illegally used the
psychological techniques prohibited by the ban physiological sleep, rest,
hunger, thirst, artificial delays in fulfilling the physiological needs (to
write and cocoa) introduced the method of suggestion detainee Chernyuk AY into
a trance state, and instructed him to install on the recognition of irrelevant
to him of crimes and for self-incrimination. Then designed the interrogation as
an explanation than concealed from Chernyuk AY its status as a detainee, and
not explained his constitutional rights and forced Chernyuk AY sign a false confession,
according to which, according to Surma, AN, operational procurement on Aug. 25,
2009 and September 26, 2009 held one and the person - online buyer Onischuk VS
- Operational alias "Shevchenko". It is these false statements were
the basis of the indictment, which alleged Chernyuk AY twice sold marijuana to
the same person (a.s.219), namely the double-sold buyers Onischuk VS -
Operational alias "Shevchenko". Inspector regime's secret service
police department lieutenant Bereznegovatskogo Surma AN using unauthorized
physical and psychological techniques made Chernyuk AY stipulate themselves and
to sign false confessions. The action of 36 hours of continuous session of
hypnosis, according to the report of Major Khodyko OV, alternated with torture,
starvation, unnatural postures, beating ended only 10 days after the return of
the detainee from the detention center number 20 when Chernyuk AY recanted his
false testimony. The action of the inspector regime's secret service police
department lieutenant Bereznegovatskogo Surma AN qualifies under Art. 366, 365,
373, 374, 383 of the Criminal Code of Ukraine;
12. Terms of preliminary investigation.
investigator Maj. Yurochka VN willfully and repeatedly exceeded in spite of
Art. 120 Code of Criminal Procedure, namely, from 18.11.2009 till 25. 11.2009,
when the paradise. Attorney Korzhenko SA Only 25/11/2009, on the basis of false
data interrogator Yurochka VN continued to "backdating" pretrial
investigation up to 3 months and the deputy. Regional prosecutor Borshulyak
I.I, who is also on the basis of false data interrogator Yurochka VN
14.12.2009, continued pretrial investigation for up to 4 months - January 18,
2010. Action item. Investigator Yurochka VN, qualified by Art. 365 of the
Criminal Code of Ukraine. According to the article. 120 of the CPC pre-trial
criminal investigation should be completed within two months. During this
period includes the time from the date of the criminal case before the date of
the prosecutor with his indictment. During the pretrial investigation of those
cases begins with the establishment of the perpetrator, namely, according to
the report of Major Khodyko AV addressed to the chief police department
Bereznegovatskogo Klimika OG it became known that he found an unknown person
against whom openly hp Number 09080087, the face became known, the 17/09/2009,
the same have a GIVEN for the search of paradise Bereznegovatsky court
investigator Art. Lieutenant SM Moskal Action item. Investigator Yurochka VN
qualifies under Art. 364, 366, 365, 367, 356 of the Criminal Code of Ukraine;
If a person unknown, who have also bought?
Unlawful
disclosure of confidential data. Investigator Yurochka VN signed Korzhenko SA
Operational purchaser Voronin online alias "Kravchenko," the
indictment is qualified by Art. 365.367 of the Criminal Code, and contrary to
Art. 52-2,52-3,52-4 Code of Criminal Procedure, the courtroom was no point
re-encrypt the known police officer in 2 districts, with whom I Chernyuk JV, as
a concept, participated in the search neighbor in November 2009 . in another
case. Voronin personally invited me to do this. Unlawful removal, despite his
objections, the defense counsel Chernyuk Y. and the defendant Chernyuk AY from
the courtroom to ensure a false security publicized Voronin in the indictment
(AS 218, 227) Attorney Korzhenko SA and Art. investigator Yurochka VN data on
operational purchaser Voronin online alias "Kravchenko" qualifies
under Art. 364, 365, 374, 386, 396, 397 of the Criminal Code, the
responsibility for observance of secrecy and non-disclosure of information
constituting state secrets, lies with the operational unit that provides these
materials for use in a criminal case, and the persons in charge of the criminal
case as well as appropriate law enforcement agency and the head of the court.
13.
Unlawful disclosure in a court prosecutor and a judge Dyachenko AD Yavorskaya
NI encrypted operational purchaser Onishchuk VS - Operational alias
"Shevchenko" (a.s.302-304) qualifies under Art. 365, 367 of the
Criminal Code, and contrary to Art. 52-2,52-3,52-4 Code of Criminal Procedure;
In court, prosecutor and judge confused Onishchuk VS simply surrendered.
14. The minutes of the raid on 26.09.2009 year
indicated that, when conducting a personal search for Chernyuk AY Nothing was
found. Examination of his clothing and body discovered that shone like daylight
only hands and pants. Briefs and other parts of the body is not shining and
money on a bare skinny body was not. Panties began to glow on the second day
and did another color, on the second day in Chernyuk also appeared in both
money and an entirely different color, they could not be detected by careful
inspection of a naked emaciated body the day before. This means that 9/26/2009
was held imitation of operational procurement. After receiving an order to
purchase major operational Khodyko willfully violated the Order of the Ministry
of Internal Affairs of Ukraine from 30.11.2001 years № 1065 / ext 307 / ext 482
"On approval of Instruction on the procedure for the rapid procurement and
supply of controlled items, goods, substances, including illicit to the
treatment of individuals and legal entities, irrespective of ownership, and
deliberately not arranged for the inspection of vehicles, in which buyers
traveled twice to conduct operational procurement:
- For
the first time 25.08.2009 at 30 km from the agreed terms of issue of drugs
personally Khodyko;
- The
second time 26/09/2009 30 km and 5 km from the agreed terms of issue of drugs,
too Khodyko;
And it
has allowed unscrupulous organizers operational activities Art. Lieutenant
Khokhlov, Major Khodyko AV buyers and Voronin - online alias
"Kravchenko" from buyers Onischuk VS - Operational alias
"Shevchenko is deliberately hiding in vehicles as drugs and money that
were allegedly transferred to the seller. It was hidden in a car money at 10.00
on Sept. 27, 2009 tortured Chernyuk AY and were transferred indoors
Bereznegovatskogo police department, which he allegedly kept for nearly 20
hours in the anus of the body. Although at this time, A.Yu. Chernyuk went
several times to the toilet, and expertise not found on money or feces or his
urine. Probability analysis of sweat is 7% X = 315.000 45.000.000 inhabitants
only in Ukraine. 1 (one) with 315.000 = 0, 00315%. To 0 000 317% probability
and confidence investigator Yurochka admitted this evidence relevant and
legitimate. If Chernyuk AY an offender, he could destroy a lot of opportunities
this dangerous for him evidence. He could not destroy evidence, for one reason:
16 hours 30 min. 26.09.2009 at 11:00 27.09.2009 30 minutes was to registration
under Art. 115 Code of Criminal Procedure he did not have the money, these two
notes appeared only after 19 hours in the premises of police station after the
simulated operational procurement and drugs he did not sell. So have a court
trial Chernyuk AY. and supporting materials of the criminal case.
In a
poor family with many children Chernyuk no shower and bathroom. All are washed
in a basin on Saturdays. Chernyuk AY was arrested on Saturday 26/9/2009, the 6
hours before the scheduled bathing his body. The same village, but not a city
with complete amenities, it is - a dull village. Sewage almost does not work.
Outhouse. 26.09.2009 year - fall, and rates have dried up, to wash. Version of that
money Chernyuk AY put it in her anus and they are clean, could have imagined
only by residents of the city (town), where there is a convenience, and where,
after each trip to the toilet a resident of the city immediately comes because
there is a possibility, in the bathroom for bathing their back passage.
Therefore, according to results of examination of the absence of fecal residue
on the money that were allegedly detained in the anus indicates the artificial
creation of this evidence. The fact of low sanitary conditions of life Chernyuk
AY unwittingly pointed to his innocence to the money, and in a room
Bereznegovatskogo police department has neither sanitary conditions, and ITT is
missing and there is no possibility of detention for the whole night under the
law. And according to the laws of geometry artificiality evidence also
confirmed, namely: the size of a banknote 50 hryvnia 13-14 cm in length, the
width of lean body Chernyuk Alexander Yurevich in the pelvic region - about 33
cm One bill is half the size of the pelvis. And with the personal search, the
09/26/2009 (a.s.56-57) 5 policemen and 2 the absence of witnesses already two
bills on the bare lean body confirmed. Especially because of banknotes was
issued in February (already two). Policemen at least for the geometry lessons
at school go? But this version of the place where the allegedly hid the money,
also points to its authors:
1) is a
resident of housing, which is at least 1 time per day is an opportunity to take
a bath or shower;
2) The size
of the pelvis's version should be such that there is a possibility in his thick
ass hide the money. Come up with a false version of the size of his backside.
3) Do
not searching the vehicles for OSA, has the ability to create any artificial
evidence. Order of the Ministry of Internal Affairs of Ukraine from 30.11.2001
years № 1065 / ext 307 / ext 482 "On approval of Instruction on the
procedure for the rapid procurement and supply of controlled items, goods,
materials, including forbidden for the Treatment of natural and legal persons,
irrespective of forms of ownership. "
According to the suit featured Major Khodyko
AV This is the court also affirmed himself in:
a) own reports (a.s.211)
b) No
record of the search (inspection) of vehicles before the purchase of
operational and after it, as well as
a)
certificate (AS 298-300), the defendant on how to cook this malfeasance in
premises Bereznegovatskogo police station on the night of 26 to 27 September
2009. and how this criminal act is reissued and corresponded operatives
throughout the day, the 09/27/2009
During
the illegal detention on the night of 26 to 27 September 2009. Indoor
Bereznegovatskogo police station, where there is no IVS, and in which there are
no elementary conditions of detention, a detainee at night Chernyuk AY, chained
to the wall and left in unsuitable premises, could not get out in time to the
toilet in the courtyard of police department, and unable to withstand the
physiological needs , "messing feces and urine," his pants and underpants.
Examination of the money allegedly hidden Chernyuk AY in the anus of his body,
pointed to the absence of bills of feces and urine of the detainee, which
indicates the creation of artificial evidence personally Major Khodyko AV
If
Khodyko deny his authorship report, it substitutes the art. Investigator
Yurochka VN under Art. 366 of the Criminal Code, if the author of report, the
period of detention is 96 hours instead of 72. Action major Khodyko OV
qualifies under Art. 366, 365 of the Criminal Code of Ukraine;
Action
item. Investigator Yurochka VM qualifies under Art. 364, 366, 365, 367, 383,
396 of the Criminal Code of Ukraine;
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