High-profile Rostov case: police incarcerate businessman for personal reasons?
Rostov businessman Teymur Djabiyev has been in jail for more than a month for a crime that, according to sources, he did not commit.
May 19 of this year witnessed businessman Teymur Djabiyev being arrested by decision of the Oktyabrsky District Court of Rostov-on-Don and placed in pre-trial detention center No. 2 for insulting and causing harm to police officers. This story began at the beginning of the year, on January 12, when police officers, chasing a BMW X6, drove into the courtyard of the Head of Yug-product company. Eyewitnesses claim that it was friend of Teymur Djabiyev, Lyudmila Grekova, who was behind the wheel, since the car belonged to Yug-product.
A brief retrospective journey into the story: in 2014 the BMW X6 xDrive35i was taken from RSU Soyuz company on lease, the repayment of which was an uphill struggle. The creditor even had to resort to court. In September 2016 the Arbitration Court of the Rostov region decided to recover from Yug-product LLC arrears for non-payment of leasing for several months, the amount of which totaled 209 thousand rubles ($3.5 thousand) including the accrued interest and legal costs. It also ordered Yug-product to return the car.
Employees of the Road Patrol Service (DPS), who followed the car as far as the house in the dead of night, explained their actions by the fact that the BMW had run a red light. When near the house they tried to prevent the car from entering the courtyard, blocking the way with their car, but the BMW driver kept moving and having sidelined the policemen, disappeared in the courtyard.
When the police did not succeed, they partially drove into the territory of the yard on the patrol car and hindered the closing of the gate. At that moment Djabiyev, not understanding what was happening, as he claims, went out into the yard and began to film the actions of the DPS employees on the phone. As it transpired later, the crew consisted of Stepan Mozgunov, Alexey Vysochin, Sergey Srabionyan and Sergey Bondarenko.
After Djabiyev stated that he would complain to the Internal Security Directorate and the Prosecutor's Office, he called the police to sort out the situation. Operatives of the 5th department, and a policeman on duty, who arrived on the call, did not see anything unlawful and did not take any action.
However, the DPS employees did not know what to do with Grekova and Djabiyev, too. According to the neighbors, after the conflict was over, law enforcement officers circled near the gate till 4 a.m., talking with someone on the radio and deciding how to punish the owner of the house. Finally, a decision was found – the police called an ambulance to document the injuries allegedly received during their confrontation with the car.
Arrived physicians suggested that they draw up minor chest injuries. All this was also heard by the neighbours.
The conclusions of the forensic medical examination indicated that citizen M.S. Mozgunov got the following bodily injuries: a closed blunt chest injury in the form of: tenderness of soft tissues in the right half of the chest, caused by action of a hard blunt object or by blow with the same (pressing). S.F. Bondarenko had a closed blunt trauma of the chest in the form of: tenderness of soft tissues in the left scapular region, caused by action of a hard blunt object or by blow with the same (pressing). At the same time, according to the conclusions of the examination, the bodily injuries of the police are not common to the injuries that result from accidents with pedestrians (phases of the primary collision, body tumbling on the car, person's body falling from the vehicle, mutual collision of body with cover). However, it is said further that the detected lesions of Mozgunov and Bondarenko could have been caused under the above mentioned circumstances. These injuries are regarded as injuries not causing harm to health.
There is another interesting detail. According to Djabiyev, one of the DPS employees had a sheet listing car makes and state numbers with figures in another column fallen out.
"Sonata m389hv161 burgundy 3000 rubles. Starting took" – one of the inscriptions read.
The list of cars and plate numbers found at traffic police officer
Djabiyev did not stop there and two days later he wrote a complaint about the actions of the DPS officers to the Operational Search Department of the MIA Internal Security Directorate for the Rostov region, which was immediately passed to the STSI in order for them to deal with the situation.
The aforementioned MIA Internal Security Directorate for the Rostov region and its Head Nikolay Germashev have repeatedly become the subjects of the reports of The CrimeRussia. Germashev was suspended from the post at a time when several departmental inspections of the department headed by him took place. The security team is suspected of creating a police gang, which concocted criminal cases against Rostov officers and extorted money from them, some of the policemen were tortured. According to preliminary data, the criminal community was also complicit in the removal of ‘unnecessary’ people from the posts, the sale of posts, as well as the opportunistic cover of thieves in law, inhabiting southern Russia.
A week later Djabiyev was detained. As many as four crews overtook him at the traffic light, pulled him out of the car and took him to the station. It is worth noting that, according to official data, the police really had the grounds for detaining – in August last year he was deprived of his driver's license and was driving that day, January 19, 2017, without it. The situation also shows that the car was constantly watched and the police waited for Djabiyev to sit in it. The detention was tough enough – despite the fact that Djabiyev, according to him, did not maintain any resistance, got out of the car and obeyed all the demands of the police – his hands were twisted and he was handcuffed. And when he was taken away from the car, according to relatives, Djabiyev saw one of the employees rummaging the glove box and allegedly stealing a large amount of cash from there. He screamed about it on the street, but he was quickly put in the police car and taken away for documenting the violation. According to sources, among the DPS officers that took part in the arrest of the businessman were the same Stepan Mozgunov, Alexey Vysochin, Sergey Srabionyan, Sergey Bondarenko, and Yury Fursov, who, according to Djabiyev, took money from the glove compartment.
The next day the Kirovsky District Court of the city imposed a fine of 30,000 rubles ($505.8), which the entrepreneur immediately paid. By the way, the businessman himself considers deprivation of the license illegal and has already challenged it in court.
Simultaneously, local and federal media reported on the pursuit of the elite foreign car and the detention of its driver. However one publication reported that the reason for the detention was "inadequate driving", while the other – "hitting two pedestrians". Moreover, as it was said in the report, the driver did not render assistance to the victims and disappeared from the accident scene. The photo, which, according to the editorial staff, was provided by law enforcers, depicted the BMW of Djabiyev. Apparently, journalists obtained the rest of the information from them as well. Thus, they believe, the negative attitude of the public to the businessman was formed.
One of the publications also added that the wife of Djabiyev, Elena, was the Head of the Department for Juvenile Affairs of the local police department, but nevertheless, contrary to expectations, she apparently could not influence the course of the case.
However, the high-profile detention for the sake of the fine was only the beginning – on the same day the STSI employees collected materials related to Art. 319 of the Criminal Code of the Russian Federation (Insult of a Representative of Power) and forwarded them to the Investigation Department for Proletarsky District of the Investigative Committee of the Rostov region.
The lawyer hired by Djabiyev said that they would have to ‘negotiate’ with everyone, and this would cost 1.5 million rubles ($25.2 thousand). The businessman decided to refuse such a lawyer.
Here is the crux of the matter – exactly one month later the Investigation Department for Proletarsky District of the Investigative Committee of the Rostov region brought a criminal case against Djabiyev under Art. 319 of the Criminal Code of the Russian Federation, and the Investigation Department for Oktyabrsky District of the Investigative Committee – under part 1 of Art. 318 (Use of Violence Against a Representative of the Power), the grounds for which was the very conclusion of the doctors of the ambulance, in which the injuries of the traffic police were recorded when they prevented the entry into the courtyard of the car, at the wheel of which Grekova was. Upon learning of the criminal case, Grekova came to the station herself and wrote a confession of guilt. Later she identified the policemen that pursued her in a lineup. However, those in turn said that they did not remember who exactly was behind the wheel – Grekova or Djabiyev. Both criminal cases against Djabiyev were combined into one proceeding. Grekova was threatened with criminal prosecution for giving false testimony.
On May 15, Djabiyev, while Grekova was with the investigator, photographed the STSI officers, who had detained him, in the street near Oktyabrsky Investigative department. Subsequently, this fact was also used against him. The police considered that this way Djabiyev threatened them. A few days later the Oktyabrsky District Court granted the request of the investigator, who believed that while at large Djabiyev could commit a new crime, and also impede the investigation, continuing to exert pressure on the victims and witnesses. On May 21 of this year Djabiyev was arrested for 30 days. The judge dismissed the request of the defense to place the businessman under house arrest under the pretext that Djabiyev's stepson did not provide documents proving that the apartment, in which Djabiyev wanted to stay, belonged to him and that he did not mind the accused being there.
The lawyer also points out that Djabiyev had intestine surgery in March and is also hypertension sufferer, but these circumstances did not affect the judge's decision.
The CrimeRussia will keep track of the case of Teymur Djabiyev.
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