The right to impartiality
Vyacheslav Tsepovyaz condemned on business “gangs Tsapkov” to 19 years and 10 months in prison and a fine of 250 thousand rubles, sent to the European court of human rights (ECHR) against the violation of his right to a fair trial guaranteed by article 6 of the European Convention for the protection of human rights. The text of the complaint is at the disposal of RBC, the lawyer Zapowiada Eduard Churgulia confirmed the fact of applying to Strasbourg.
Tsepovyaz the complaint says that violated his right to a trial by an impartial Tribunal (paragraph 1 of article 6 of the Convention), as presiding over the trial of the “Tsapkov” the judge of the Krasnodar regional court Vladimir Kulkov “have repeatedly demonstrated their partiality and commitment to the prosecution”.
Churgulia the lawyer who prepared the complaint, insists that the prosecution and the judge imposed the jury was deliberately misled, not allowing them to understand what did Vyacheslav Tsepovyaz, and his namesake Sergei Tsepovyaz, involved in the case.
“In mass media repeatedly there were messages aimed at the denigration in the eyes of the public defendants and lawyers of the accused. These texts were aimed at forming negative opinions about all of the defendants and the defenders acting in the process as a team, and to undermine their reputation and, therefore, reduce confidence in them as a party to the process”, — stated in the complaint.
According to the defense of Caponata, the right to a fair trial was violated because of the fact that shortly before the jury retired to the jury room for the verdict, the Investigative Committee announced the initiation of two criminal cases against the lawyer Murad Musaev, who defended Zapowiada. The charges related to bribery of witnesses and jurors in the trial of the murder of Yuri Budanov. Attorney Churgulia believes that RCDS are not randomly chosen date for such statements — it was an attempt “to tarnish the reputation of the attorney, enjoying success with the jury.”
Torture and the absence of lawyers
Tsepovyaz also complained of a violation of the right to a defence attorney, who chooses the defendant (p.3.article 6 of the Convention). As noted in the appeal to the Strasbourg court, Tsepovyaz was arrested on 14 January 2011, after which his wife Natalya Tsepovyaz repeatedly visited the detention center with lawyers on the agreement, but never they were not allowed to meet with their principal.
The document stated that before each session of the court, which had considered the question of extending the measure of restraint Tsepovyaz, the accused came to the members of the investigation team and threatened. If he had waived counsel on the appointment and asked myself another defender, then his son would have been behind bars, retells in his complaint the words of the investigators Tsepovyaz. Also, the judge allowed ask not questions to the witnesses that testified against Caponata, affirmed in appeal to ECHR.
Tsepovyaz noted that he had repeatedly asked the court to verify his statement about the use of torture during preliminary investigation. In August 2013 Tsepovyaz insisted that the torture allegations must be addressed before he will testify. However, the court regarded this requirement as delaying the process. Questioning Zapowiada took place only a month and was repeatedly interrupted by the judge, according to the complaint.
“The Case Tsapkov”
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 found guilty in the theft of nearly 3.5 million rubles allocated from the regional and Federal budget as subsidies, and that the material and encouraged members of the gang that killed several people. According to the verdict, Tsepovyaz also helped lure one of the residents of the village Kushchevskaya, who were hunting the gang members.
In December 2015, the Fund of struggle against corruption Alexei Navalny has told about the joint business “Tsapkov” and wives of high-ranking employees of the Prosecutor General. According to FBK, Olga Lopatina, ex-wife of the Deputy Prosecutor General Gennady Lopatin, and Hope Staroverova, the wife of Alexei Staroverova, who headed the property management Department of the Prosecutor General, together with the wives of Sergei Hoe and Vyacheslav Tsepovyaz owned company “the Kuban Sugar” .
19 March 2016, it became known that the police of the Krasnodar territory completed the investigation of the case initiated on the application Lopatina about forgery “Kuban Sugar”. The interior Ministry came to the conclusion that the former wife of the Deputy Prosecutor General had no relation to the gang Tsapkov. Wife of Caponata Natalia Tsepovyaz relationship with the wives of the prosecutors also denied.