Policeman, who detained defendant under Shakro’s case, complained on pressure from FSB
Eyewitness of firefighting on Rochdelskaya, the policeman Shakirov, demands to protect him from pressure of FSB. The case’s materials against him allow to learn circumstances of the headline story during which generals of the Investigative Committee of Russia have been arrested.
The criminal investigator of Presnya Office of the MIA Ildar Shakirov demands to check the actions of officers of Administration M of FSB. As the policeman’s lawyer Eduard Oganyan told RBC, on Tuesday he made two complaints on their actions – into the Military Prosecutor’s Office and the Administration of Personal Security of the FSB.
Shakirov took part in detention of lawyer Eduard Budantsev, who became known after shooting on Rochdelskaya Street, where he participated. The policeman himself was later arrested under accusations of negligence.
“Fighters from the boss”
According to the investigators, on the evening of December 14, 2015, the Second Lieutenant Shakirov arrived on the emergency call to Elements restaurant on Rochdelskaya Street, but did not stop the dismantling, ended up with firing.
As appears from the shorthand report of an audio recording (which is at disposal of RBC), firstly representatives of contractors accompanied by security guards from a private security company arrived to the restaurant. Entering the VIP-hall, men presented themselves as Nikolays and demanded from the owner of the establishment Joanna Kim 8 million rubles – according to their version, she did not settle accounts with Fatima Misikova, and she – with them.
“From which bodies are you? Or are you lawyers?”, - Joanna asked. “I am a lawyer” – one of the arrivals answered. “And this is a law department” – he told about his companions.
As the investigation found later, confidant of the authoritative entrepreneur Zakhar Kalashov (Shakro Molodoy) — Andrey Kochuykov (the Italian) and his colleagues arrived to negotiate on debt repayment. After their appearance Joanna started to call the police, but the first call she made to his friend, who she then would call the boss. Putting down the phone, she said, "Fighters from my boss will arrive now. Everything is fine".
After that, lawyer Eduard Budantsev with three companions came to the restaurant to protect Kim. At the street Budantsev run into criminal investigator Shakirov, who arrived on call. Before him, group of immediate reaction was sent here as well, but it did not do anything and left after Shakirov’s arrival, the lawyer Oganyan said.
At the street Budantsev told Shakirov that he was a former policeman and arrived to support the owner. He showed his certificate of the pensioner of the Ministry of Internal Affairs, as Oganyan told. But, when asked, who invited him to the café, Budantsev answered the police officer evasively — "a good person".
According to Oganyan, Kim also saw Budantsev for the first time. As he said, in cafe she took Shakirov aside, and quietly asked: "Who are these people?".
Later Budantsev and Kim repeatedly said on interrogations that the first had previously represented the second, told RBC two sources close to the investigation. But Shakirov says in his testimony that they did not know each other at all, said Oganyan. This is confirmed by the audio recording of negotiations, between Kim and the interlocutor of RBC, familiar with Budantseva.
Detention on the attic
According to the Shakirov’s lawyer, when his principal was leaving the café to make another call, negotiations in the VIP-hall continued. Shakirov got into the police car but did not manage to drive even few minutes, when he was asked to return urgently - situation escalated.
At this time, the negotiators went outside and continued the conversation already with raised voices. As one of the Budantsev’s friends told RBC, the lawyer told Italiyanets that he does not respect the "suit of thieves" and first reached for a gun.
This, as the news agency’s source believes, was exactly what provoked a fight. The Italian’s people rushed on Budantsev and he began to shoot. The first shot wounded his companion Roman Molokayev, but the lawyer did not stop and continued to shoot (video of the firefight actively spread in social networks later).
By that time, the police car with Shakirov had returned to the restaurant. The policeman jumped out of the car and ran to the fighters. According to Shakirov’s lawyer, his client insist on seing how Budantsev was shooting in unarmed people and then started to run away through the back exit with two his comrades.
In the night after dismantling in the Presnya’s Office of the MIA, to where Budantsev was delivered, officers of the Administration M of the FSB arrived, Oganyan retells testimonies of his principal. “They declared that Budantsev is their employee and demanded to set him free”, the lawyer said. But the police transferred the detainee to investigators of the Investigative Committee of Russia (of the Central Administrative District’s Investigative Directorate), where the investigators immediately carried out an official identification of Budantsev. The criminal investigator Shakirov became a witness. He had already officially identified Budantsev as the shooter.
Today, Budantsev is the only defender of the case, who was not placed in pre-trial detention center. In December the Moscow Presnensky Court, at the request of investigators, placed him under home arrest in his flat in center of the city on Povarskaya Street - directly opposite the Supreme Court.
It was only after his complaints to the Administration M of the FSB, said the source close to the investigation, Shakro and generals of the ICR — the Head of the Main Directorate of Personal Safety of the ICR Mikhail Maksimenko, his Deputy Alexander Limonov and the Deputy Head of the capital Main Investigation Department Denis Nikandrov – were arrested. On the basis of his complaints all cultivation of Shakro and the generals was conducted. According to investigators, high-ranking officials of the ICR were going to reclassify the charges against the confidants of Shakro for money.
However, Budantsev himself also awaits reclassification of his accusation. As sources of RBC, close to the investigation of the case, say – today, the prosecution seriously discusses the possibility to mitigate his article – from Murder (Art. 105 of the Criminal Code of the Russian Federation) to Murder committed in excess of the requirements of justifiable defence (Art. 108 of the CC of the RF). And while for now he could face life imprisonment for double murder, if the accusations are reclassified his maximum punishment would be only 3 years of imprisonment.
When inspecting the crime scene the police found the FSB certificate with Budantsev’s name on it. The record of this is in the official protocol of the search, which police officers of the Presnya’s Office of the MIA conducted in the café on the night of December 15, says a source close to the investigative team. But the certificate itself subsequently disappeared from the case as well as mobile phone of Budantsev, said another source from law enforcement agencies.
As one of his former colleagues told RBC, Budantsev has never officially served in FSB. It is known that he started working in the 9th Directorate of the KGB — engaged in the protection of the top officials, including Eduard Shevardnadze. Then he worked in the Regional Directorate for Combatting Organized Crime under the leadership of Vladimir Rushailo.
In 2009 he received the status of lawyer, as written in the official register of chamber of lawyers of the Moscow region. Нe is currently the head of collegium of lawyers Dictatorship of Law. As one of their former colleagues said almost all employees in the collegium were ex-law enforcement officials.
Budantsev’s lawyer Maxim Borisov, as well as the staff of his collegium Dictatorship of Law, refused to talk with RBC. RBC also failed to get comments from FSB.
The status of lawyer does not allow him to be an employee of law enforcement agencies, lawyer Timur Hutov explained to RBC. "But I heard that there were cases, when the staff of intelligence agencies had status of lawyer for cover" — Hutov said.
It is also possible that the found certificate was pension, as it was stated the real name of Budantsev, says the source of RBC, close to the security services. Pension certificates of FSB a little differ from the certificates of the acting employees, says the source. While in documents of the acting special agents the real name and surname are usually not stated.
As the source close to intelligence agencies told RBC, the Administration M is one of the most secret and privileged administrations in the FSB and reports directly to the Director Aleksander Bortnikov. This unit investigates crimes committed by police.
ICR vs. FSB
Six weeks after the events on Rochdelskaya, in January 2016, criminal case was initiated against Shakirov. He was arrested on charges of Negligence (part 3 of Article 290 of the Criminal Code). According to the investigation, Shakirov, as well as the district Rinat Zinatullin did not react to Kim's claims and allowed the firefight. If he is found guilty, he will face imprisonment of up to seven years.
Now field investigators of the Administration M regularly come to the Shakirov’s camera (he is in the Moscow pre-trial detention center No. 4 in Medvedkovo) and demand him to admit his guilt, the police officer's lawyer Oganyan said.
As Oganyan explained, Shakirov’s confession is needed to mitigate Budantsev's fate, as the police officer is one of the important prosecution’s witnesses in the lawyer’s case: as he not only arrested Budantsev, but was also present at his identification. If the criminal investigator is found guilty, it would cast doubt on his testimony against Budantsev and his identification as the shooter, said Oganyan.
The Shakirov’s defense intends to prove that the staff of the Administration M puts pressure upon Shakirov. Lawyers ask to protect the client from visits of staff of FSB and to stop, as it is written in the claim to military prosecutor's office (is in possession of RBC), their illegal actions.
Two weeks ago the Deputy Head of the Directorate of Personal Safety of the ICR Aleksander Lamonov made a claim against employees of the Administration M of FSB. As his lawyer Olga Lukmanova told RBC, he wrote a letter to the Chief Military Prosecutor Sergey Fridinsky. Lamonov asked the prosecutor’s office to investigate the actions of the employees of the Administration M of FSB and to establish on what basis they wiretapped conversations of the high-ranking investigating officers.
Wiretaps of conversations between Lamonov and his Chief Mikhail Maksimenko are currently one of the key evidence in their case. During the talk the security men discuss a possibility of transferring money from Shakro to investigative department of CAD of Moscow for release of the Italian.
In his turn, the Deputy Head of the Moscow’s MID Denis Nikandrov wrote a letter to the Head of the ICR Aleksander Bastrykin, in which he asked to take the investigation of its case from investigating officers of the FSB and pointed out there was a conflict of interest in the situation.
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