Zakharchenko’s lawyers go to Prosecutor's Office claiming FSB wiretaps him
Wiretapping my client's negotiations violates the existing legislation, Yuri Novikov said. Alhough, the transcripts of conversations do not contain any evidence of Zakharchenko's guilt, he added.
The defense of Dmitry Zakharchenko who had been put in custody for two months has filed a complaint to the Prosecutor's Office in Moscow about an unauthorized wiretapping of colonel's phone calls as well as illegal operational and search activities.
Yuri Novikov, Zakharchenko's representative under three articles of the Criminal Code claims that illegal transcripts of telephone conversations became the basis for the allegations.
Dmitry Zakharchenko, the Acting Head of the Department T of the MIA Main Directorate for Economic Safety and Counteracting Corruption was detained during a special operation on September 8. He was charged with abuse of official powers, obstruction of the investigation and bribe taking. In his sister's apartment law enforcement officers found 123 million dollars in cash.One of the main versions of the investigation of the money origin is the deposit of the stolen funds by the Colonel at the request of the under investigation top managers of the credit institution.
In addition, the media, citing a source in law enforcement bodies, reported that Zakharchenko was found because of the wiretapping of the Nota-Bank CFO Galina Marchukova, who was long familiar with the Colonel since Rostov-on-Don.
All Marchukova's telephone conversations were tapped. In one of them Zakharchenko warned his friend about the beginning of the search operations against her and for 35 million rubles he promised to resolve the situation. According to the source, when became known that Zakharchenko received money, investigators raided the known addresses of the Colonel in search of that amount and eventually found the cash in the amount of 8.5 billion rubles.
Also, in the materials there is the information about receiving bribes by Zakharchenko from an unidentified person during the meeting at a Moscow cafe, which was also tapped by operatives. Zakharchenko himself claimed that he knew about the tapping and during a meeting with a friend he even joked about this matter, but did not take a bribe.
Commenting on the court decision on the conclusion of the Colonel under arrest on September 10th, his lawyer Yuri Novikov confirmed words of the defendant and the fact of conducting wiretapping.
RBC noted that according to the law “On the operative-search activities” the staff of investigative and law enforcement agencies must obtain permission of the court for the MPAs with an indication of its term, limited to six months.
"Limiting constitutional rights of our client operational-search activities (MPAs) were carried out in the absence of a court decision", - said Novikov to the edition.
He also stressed that transcripts of conversations did not contain evidence against his client.
The Head of the 4th department of the MIA and two of his deputies lost credibility due to the criminal case on a major swindling of their colleague Colonel Maxim Rybkin, detained in April, and were fired.