Сonvicted former officer Sergey Arakcheev does not get compensated
Sergey Arakcheev is a former officer of the Internal Troops of the Ministry for Internal Affairs of the Russian Federation. He was found guilty of killing Chechen civilians but was later acquitted of charges of robbery and exceeding official powers. Court ruled he should get a compensation for unwarranted prosecution.
The compensation was not large, however. The North Caucasion District Military Court reduced it from 500,000 to 200,000 rubles.
A court hearing was held the day before. It was concerned with appeal by Aleksandr Yukhimchuk, the South Military District Prosecutor, as well as with complaint by Sergey Arakcheev, a former combat engineer company commander.
The sides asked court for cancellation of the ruling made on August 5, 2015. It concerned 500,000 compensation for unwarranted prosecution to the reduced officer. He was charged with Articles 162 and 286 of the Russian Criminal Code (Robbery and Exceeding Official Powers).
Sergey Arakcheev was acquitted of 2 out of the 3 charges as a result. He filed a lawsuit demanding the Ministry of Finance of the Russian Federation compensates him damages and asking for 800,000 rubles. That is how much he thought he was entitled to as the result of the unwarranted prosecution.
Sergey Arakcheev brought up the following points in his complaint: he was suspended from his work during the investigation; he did not get paid during the investigation. At the same time, he had to pay attorneys despite being a defendant. He attached two verification letters issued him by the Rostov Region Law Chamber to this claim; they stated he was charged 344 and 480 thousand rubles. Aleksey Dulimov, the Chamber president, acted as the officer’s attorney at law from April 2007 to December 2008.
However, the Military Prosecutor’s Office doubted the sums stated.
They justified their doubts by pointing out the defendant did not provide receipts proving he actually paid those bills.
"I would like to know where the attorney’s account statements are if an agreement was made (between him and his client). You can put any number on a verification letter – even a million!" Yukhimchuk said during the hearing.
The Chamber does not have accounting records for the period in question, according to the prosecutor. This raises doubts as to whether the letters are actually authentic.
The Office asked Court to verify authenticity of the letters and summon the Chamber chief accountant who signed them.
Moreover, Aleksandr Yukhimchuk petitioned for the Federal Tax Service of the Russian Federation to provide information on the attorney’s income for 2007-2008. He also claimed Dmitry Agranovsky, a Moscow-based attorney at law, also supported the defendant. However, he did not attach any documents to the complaint for some reason.
Mikhail Malinenko acted for the defendant. He doubted the need for the accountant summoning when in court. He also pointed out such records should not be kept for up to 9 years. However, he did not object requesting information from the Tax Service, adding his client insists on the case re-examination and bigger compensation.
The judicial panel chaired by Igor Kostin dismissed the prosecutor’s request and remedial action order, as well as the accused person’s complaint. Court also reduced the compensation from 500,000 to 200,000 rubles.
Let us recall that Sergey Arakcheev was sentenced to 15 years in prison for killing of three Chechen civilians. He was the commander of an Internal Troops independent operational division in January 2003 when he and Lieutenant Evgeny Khudyakov shot construction workers and blew up their truck.
The officers claimed they were innocent and were at a rear command post when the shooting happened. Jury courts acquitted them two times. It was the North Caucasion District Military Court, which found them guilty in 2007. Evgeny Khudyakov did not appear in court then; he is still on the wanted list.