On July, 19, 2003 chief of the Inner Economic Security department of Oil Company UKOS Aleksey Pichugin was detained. His arrest was implemented on the bases of report of operating personnel of Federal Security Service of Russia, where commission of the crime he is suspected was not even mentioned. Only one week after detaining, Aleksey Pichugin was brought a charge against the murdering of Gorin conjoint. Thereby, Pichugin was arrested and placed into Remand prison factually on the bases on amotivational accusation from the side of Federal Security Service of Russia in certain abstract crimes. But, indeed, report of Federal Security Service of Russia employee was only cause for the arrest of Pichugin.
The chronology of investigative actions on the first criminal case of Aleksey Pichugin
Mr. Aleksey Pichugin is detained and put into „Lefortovo“ investigatory isolation ward under the jurisdiction of Federal Security Service. Prior to this the apartment and workplace of Aleksey Pichugin were searched. Mr. Pichugin was refused of the presence of his advocate during the search. The safe was seized, which was later opened in the building of General Prosecutorís Office.
As the advocates of Aleksey Pichugin later discovered, the detention of was turned to „force sabbath“. 27 persons participated in detention, 21 of them are Federal Security Service officers, and coercive support was performed by special assault detachment „Alfa“.
Basman court sanctions the arrest of Aleksey Pichugin.
Aleksey Pichugin was accused of the murder of the Goryns husband and wife.
Aleksey Pichugin was summoned for interrogation. His advocates, in violation of the provisions of Criminal Procedural Code, were not admitted to this investigation activity. After half an our of conversation Mr. Pichugin made a couple of sips of coffee and after several minutes felt his legs grow numb and a noise in his head, he became unconscious and came to consciousness only in several hours. No medical assistance was given to Mr. Pichugin, and the whole next day Aleksey felt weakness in his body, his head and stomach ached strongly, there were two marks of injections Ė on the inner side of the bend of elbow of left hand and in the area of right wrist. The General Prosecutorís Office refused the medical certification of these facts.
Meeting her husband, Tatiana Pichugina was startled with his appearance, inhibition of speech. She was sure that the investigators use psychotropic substances to incline Aleksey Pichugin to self-slander.
The wife of Aleksey Pichugin Ė Tatiana Ė turned to „Russian and international community“ with an open letter. In this letter she indicated that at the meeting on July 15 her husband Aleksey Pichugin „had clearly sick appearance, was very pale and sluggish, his speech was embarrassed. ÖAs I understood from his gestures, he was coercively injected intravenously. I understood that on Monday he underwent long-time interrogation in the process of which he fainted after the injection“.
State Duma deputies sent the request to check the statement about application of psychotropic substances to Aleksey Pichugin to the General Prosecutorís Office, Federal Security Service and ombudsman of Russian Federation Oleg Mironov.
Moscow Basman court found the searches made by General Prosecutorís Office officers at Aleksey Pichugin apartment and workplace. Thus, the court has declined the appeal of Mr. Pichuginís advocates. In the opinion of defence, the search was made with violation of established procedures.
At the press conference in the central office of Interfax the advocates of Aleksey Pichugin stated that their client had suffered physical and psychological pressure from the side of Federal Security Service bodies for the purpose of acquisition of necessary statements. The General Prosecutorís Office refused the medical certification of these facts.
The member of investigation group Dmitriy Demidov has presented the advocates of Aleksey Pichugin the resolution on prescription of medical examination dated July 23, that is, „post factum“.
Aleksey Pichugin sent the official application to the General Prosecutorís Office, where he informs that „in case of acquisition by the investigators of any of his confessing testimony given in the absence of defence representatives, all these statements are false confession“. Aleksey Pichugin had to make such a statement after the General Prosecutorís Office declared that the facts of application to him on July 14 of psychotropic substances were not confirmed.
The advocates of Aleksey Pichugin appealed to the Moscow Basman court with request to acknowledge the refusal of the head of investigation group for Mr. Pichuginís case to conduct immediate medical examination on the grounds of statement of their client about application of psychotropic substances to him as unjustified.
Moscow Basman court had prolonged the term of keeping Aleksey Pichugin in the custody up to November 19.
The court had refused to set Mr. Pichugin free on a 3 million rubles bail, or bail of deputy of State Duma of „Yabloko“ fraction Aleksey Melnikov or retired general of Ministry of Internal Affairs, deputy head of association of support of former internationalist warriors Pavel Maslov.
Aleksey Pichugin was escorted to the Serbskiy institute for psychiatric examination. Neither he, nor his advocates, in breach of norms Criminal Procedural Code of Russian Federation, were informed on the assignment of examination in advance, which deprived them of lawful rights to appeal (including the conduct of examination in the other medical institution) and participate in the examination.
Aleksey Pichugin was accused of organization of attempt at affiliated by OIL COMPANY „YUKOS“ „Rosprom“ company Viktor Kolesov, organization of attempt at former „Menatep“ bank employee Olga Kostina and threat of murder of deputy director of „Cyber-Club, Ltd.“ Sergey Lobikov.
Aleksey Pichugin sent the application to the General Prosecutorís Office of Russian Federation, where he refused to participate in any investigation activities and disallowed his advocates to do so. Mr. Pichuginís advocate Georgiy Kaganer explained that the application is connected „with the unprecedented amount of gross violation of law in the process of investigation as well as in the court proceedings“.
The advocates of Aleksey Pichugin informed that the new testimony of Mr. Korovnikov, the resident of
The officers of General Prosecutorís Office had searched the office of Aleksey Pichugin in the central office of the company on
Over hundred of deputies of State Duma of Russian Federation sent a letter to the Olga Solopova acting as chairman of the Basman regional court of central administrative district of Moscow city with a request to assign the open court proceedings for the appeal of Aleksey Pichuginís advocates concerning the narcotic and psychotropic substances during the interrogation of their client.
Moscow Basman court postponed to 17.10.2004 the consideration of appeal of Aleksey Pichuginís advocates concerning the refusal of General Prosecutorís Office of
Moscow Basman court declined the appeal of Aleksey Pichuginís advocates concerning the application of illicit interrogation methods Ė use of psychotropic substances for the purpose of getting false confession from the arrested person, make him confess in a crime he did not commit.
The confessor of Aleksey Pichugin, father John, who previously attempted to gain permission to see Aleksey Pichugin, was called to the General Prosecutorís Office. The Criminal Procedural Code forbids to interrogate the clergymen, but father John decided to meet the investigator.
Moscow Basman court has prolonged the term of keeping in custody of Aleksey Pichugin up to
Aleksey Pichuginís advocates lodged an appeal to the European human rights court. The appeal is caused by „refusal of General Prosecutorís Office to conduct immediate medical examination“ of their client, and „non-rendering of immediate medical assistance to Mr. Pichugin“.
The advocates insisted the conduct of immediate medical examination, stating that illicit interrogation methods were applied to their client, namely psychotropic substances. Moreover, Mr. Pichugin, having a number of serious diseases was not provided with necessary medical assistance in Lefertovo investigatory isolation ward.
Mr. Aleksey Pichugin was not present in the court, though applied for the presence at the court session Ė the investigation representatives merely explained the request of Mr. Pichugin did not reach them.
The gravity of charges and the necessity of a large amount of investigation activities became the grounds for further keeping of Mr. Pichugin in investigatory isolation ward.
However, as the advocates noticed, keeping the person in the custody only on the grounds of gravity of his charges contradicts the resolution of
Prosecutorís office representatives stated that preliminary investigation of Aleksey Pichuginís case is over. In the announcement of Information and Public relations Department of General Prosecutorís Office it is stated that Mr. Aleksey Pichugin in the presence of advocates was informed of the end of preliminary investigation.
Moscow Basmen court had prolonged the term of keeping Mr. Aleksey Pichugin in custody for two months Ė to
The advocates requested to alter the measure of restraint to any other one: house arrest, bail, recognizance. Moreover, defence asked the court to adduce the medical certificate, in accordance to which Mr. Aleksey Pichugin has diabetes and, probably, tuberculosis. He had already lost 30 kg of weight in investigatory isolation ward.
At the press conference the advocates of Mr. Aleksey Pichugin informed that their clientís state of health is „catastrophically bad“: „He has precarious loss of weight, pains in all joints, deterioration of eyesightÖ Mr. Aleksey Pichugin lost 4 kg in a fortnight“. According to the statements of advocates, the medical assistance is not provided for Mr. Pichugin, and investigatory bodies and investigatory isolation ward administration do not admit the experts suggested by the advocates for objective conclusion concerning his state of health.
In the German embassy in
Moreover, the advocate told that in about a year spent by Mr. Pichugin in the custody, he was given only 5 meetings with his wife.
PACE representative Sabina Loithoizer-Schnarrenberger had come to
Mr. Aleksey Pichuginís advocates informed that their client will insist on that his case to be examined by the jury trial.
Aleksey Pichugin had finished the examination of criminal case papers. The preliminary investigation was officially accomplished by signing the protocol of familiarization with the case papers by defendant and his advocates.
General Prosecutorís Office of Russian Federation had approved the bill of particulars of Aleksey Pichuginís criminal case of and sent it to
Mr. Aleksey Pichuginís case papers in the court upon the presentation of General Prosecutorís Office were stamped „Classified“. It was made for the purpose of hearing the case privately, without community and mass-media representatives. This, in its turn, was required to conceal the violations made by investigators and weakness of probative base. Moreover, in this case the advocates had no rights to give comments concerning the process of investigation. The advocates involved in proceedings were asked by the judge to make a signed statement of „nondisclosure of information constituting the state secret“. However, no documents concerning the matters constituting such secret were not provided to the advocates.
Mr. Aleksey Pichuginís advocates requested the recusation of the
In the course of preliminary trial the judge Nataliya Olikhver unreasonably constrained the advocates to make a signed statement of nondisclosure of state secret, following the prescriptions of General Prosecutorís Office, which states that the case papers contain the secret information. In accordance with law, the General Prosecutorís Office was to issue a corresponding resolution on content of secret information in the case before the case was passed to the court before the advocates start the examination of the case, thus notifying them of nondisclosure. No such resolution was issued.
In the process of preliminary trial, Mr. Aleksey Pichuginís advocates petitioned the return of the case of their client to the General Prosecutorís Office for the purpose of elimination of faults.
Mr. Aleksey Pichuginís advocates in the course of private preliminary trial in
The selection of jurors for the case of Aleksey Pichugin is completed in the