Domodedovo international airport
On Tuesday, may 17, it became known that the airport will create a philanthropic Fund for payments to victims of the terrorist attack at the airport in 2011. The Fund’s establishment was announced at a joint press conference with lawyer Igor Trunov, representing the interests of approximately 40 victims, and the Deputy Director of the Domodedovo Boris Nuzhdina. The lawyer was late for half an hour, explaining that “long and complex negotiations” about the new Fund.
The terrorist attack in Domodedovo happened on January 24, 2011. A suicide bomber Magomed Yevloyev walked into the airport, bypassing the scope of the inspection, and half an hour later blew himself up in the international arrivals hall. 37 people were killed, 172 were injured. In the fall of 2013 the Moscow regional court sentenced three accomplices Yevloyev to life imprisonment and another to ten years of imprisonment.
In the summer of 2015, the Investigative Committee of Russia (TFR) opened a criminal case on the provision of services not meeting safety requirements (part 3 of article 238 of the criminal code). According to TFR, about a year before the attack, leaders of the changed airport screening technology at the entrance to the terminal building and the majority of visitors took place, bypassing the metal detector. In February 2016 the investigators arrested three managers of Domodedovo (including two already not working at the airport) and the owner of Domodedovo Dmitry Mason. Now all four are under house arrest.
The terrorist attack in Domodedovo
At the Domodedovo airport has thundered powerful explosion. As reported in the Federal air transport Agency, it happened in the area of arrivals of the international flights at 16:37 GMT.
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In the case of more than 40 victims have filed lawsuits against Mason on damages. It was about the amount from 50 million to 700 million per person. For example, Yelena Krivolutskaya, who in the attack, a disabled group II, claimed to be 70 million rubles, the Chairman of the TFR Alexander Bastrykin offered to pay the victims $5 million and threatened to seize the property of the airport to protect the interests of victims
“We’re talking about them (the owners of the Domodedovo): it is not necessary that you sit in jail, it is an extra burden on the budget. Pay people money, as is customary in the United States, which many praise. Many in the United States is the head of the family, the victim of a plane crash, is $5 million,” — said the head of the Investigative Committee of Russia Alexander Bastrykin on 24 November at a lecture at Moscow state University (quoted by “Interfax”).
Trunov said that the initial Fund volume will be 150 million rubles. According to him, this money will not all victims and relatives of victims. “We have been unable to find some victims, others have refused payment. Actually need to subtract from the total of about 30-40%,” — said Trunov.
It turns out that for a payment will be able to apply 125-150 people and payment will be significantly less than expected by the victims. Nuzhdin refused to name the specific amount, but encouraged to focus on the decision of the Moscow regional court in the case of the terrorist act of 11 November 2013. Then the court has satisfied the claim about 30 victims to the terrorists about 33 million rubles compensation for moral and material harm. Trunov confirmed that the size of the Fund was formed based on the decision of Moscow regional court. “We must proceed from the realities of Russian”, — said the lawyer. However, he did not rule out the possibility that the Fund may be increased in the future.
Mason pleads not guilty
Wednesday, may 18, Basmanny court will hold a hearing on the extension of house arrest of Mason. Trunov says that he intends to make a statement on the court to change the measure of restraint. According to the lawyer, representatives of the airport have provided enough evidence of the innocence of the owner and top managers, so Trunov supported the termination of the criminal case. “However, this (termination of the case. — RBC) should occur no sooner than every victim will actually receive the payment”, — stressed the lawyer. If the TFR will refuse to close the case, Trunov hopes that investigators will take into account payments to victims as a mitigating circumstance.
Nuzhdin during the press conference again emphasized that the establishment of the Fund is not an admission of guilt by the accused. Victims he is called charitable initiative, but not damages, Recalling that in the case of the attack the airport was also recognized by the injured party. It’s said RBC and counsel for Mason Michael Kolpakov: “My client pleads not guilty of improper security, we are talking about charitable payments, not compensation”.
Formally, the payments to victims are not related to the criminal case, the decision to open or close which takes an Investigative Committee, said a source close to Domodedovo airport. At a press conference Nuzhdin also forwarded questions about the prospects of the criminal case against Mason and managers in the TFR.
The TFR has not responded to a request to RBC about the possible closure of the case.
Representatives of the Prosecutor General repeatedly demanded from SKR to terminate the criminal case and release the accused. According to prosecutors, there is no connection between the decision to change the airport security procedures at the entrance and death of people. The incident should be interpreted under part 1 of the same article 238 of the RF criminal code (rendering services not meeting safety requirements, but is not entailed death of people), and the period of limitations on it has expired. Deputy Prosecutor General Vladimir Malinovsky has three times sent letters to the head of the TFR, but never received a response, reported by “Kommersant”.
That the payment by the named charity is no accident, because the formal payment of compensation would be in pleas of guilty, says the head of the criminal practice of BMS Law Dirm Timur Hucow. However, to close the criminal case under part 3 of article 238 of the criminal code in connection with reconciliation of the parties is impossible, as it is a serious norm, said the lawyer. He stressed that the investigation can only close the case for lack of evidence. “But Mason cannot be accused in this case. For actions of legal entity are responsible to the General Director, not the owner of the business,” — said Hucow.