Investigator Oleg Bebenin violates laws - write a complaint

Website charter97. org asked to comment on this statement the coordinator of the civil campaign ...

- These hysterical statements and ... We have already mentioned that the primary conclusion of the law enforcement people who worked on the site of the journalist's death and the coroner who made the autopsy of the body in the morgue Stolbtsy radically diverge even on the determination of death and did not fit together. We ourselves were shocked why the police was going for so long, because, according to relatives, she was summoned as soon as discovered by Oleg. My brother told us about Byabenin Oleg's death about 17. 20 September 3. In 18. 30 we were already near the cottages. The police also came in only 19. 00. We were expecting her arrival on the road near the house. Neither I, nor Andrei Sannikov, nor Alexander Atroshchankau, no friend of Oleg Fedorov did not enter even into the yard, believing that now comes a group of criminologists, possibly with dogs, and will hold a full and thorough examination of the place of death ( how naive we were!). Yesterday, I was summoned to the Prosecutor's Office. They work out only one version - suicide. When I suggested to the investigator Azarevichu talk about their assumptions about those inconsistencies that have arisen in the primary conclusions of Dzerzhinsky district deputy prosecutor and medical examiner, he said that he is not interested.

Now Lukashenka's henchmen, and Zimovsky Musienko, vilify our deceased friend, and representatives of police and prosecutors, knowing that to make ends meet in the official version does not converge, try to ward off a blow. But the truth can not hide.

At one time chairman of the KGB and the Prosecutor General Mackiewicz Bozhelko had under the pressure of circumstances and the obvious facts that the arrest of Dmitry Pavlichenko SWAT commander and tried to arrest Viktor Sheiman. It cost him a career, but they understood that too many people knew about the involvement of Pavlichenko the abductions of opposition leaders. To some extent they did, they could. In the case of Oleg instantly apparent inconsistencies. And today, people in charge of investigating the case, immediately realized the terrible situation in which they were.

I appeal to the law enforcement. You know the truth. Do not be silent. Think about how to ... Remember that you are the officers that you are a man. Do not become accomplices to the crime. Do not be pawns in a strange and dirty game - said Dmitry Bondarenko.

Help NewsBy. org: By virtue of Article. 18 Code of Criminal Procedure, the investigator must consider and record all the circumstances of the case. If it does not and refuses to record any testimony, upon which the latter insists that thus committing official misconduct. In such cases, the interrogation as a witness to (your choice, or both ):.

a. The Protocol of interrogation of a witness, before the signature, his own record, that the investigator refused to record the testimony in full.

2. Send a complaint to the prosecutor of the investigator (of the district where the investigator to be ), and the investigator himself. The investigator shall, within 24 hours to transmit the complaint to the prosecutor, in addition, this complaint will be recorded in the.

Recall that the witness can complete his own record of the interrogation and at its discretion. Obstruction in this witness is an officer of a crime. In addition, every citizen has the right to send mail, certified mail, your application to the investigator, or a judgment on the circumstances of the case, and hence these statements must be attached to the case, or refuse to be attached to the cause of the imposition of a written judgment, as to notify .

The presence of these complaints - and the need for procedural grounds, as an investigator for the dismissal of the case and bring him to justice, and for a criminal investigation into the intentional killing of human.

The more complaints and appeals, the admission of the more difficult it is to pull ...

3. A witness may write the name of the investigator's request ... The investigator is obliged to attach all or a reasoned decision to reject.

The Criminal Procedure Code of the Republic of Belarus ( excerpt).

Article 18. A comprehensive, full and objective investigation of the circumstances of the criminal case.

a. Prosecuting agency ( approx. NewsBy.
2. The Court, while maintaining objectivity and impartiality, ensure the prosecution and defense sides of the necessary conditions for the realization of their rights. The decision on the guilt or innocence of the accused but the court shall, based on credible evidence, subjected to the full, complete and objective investigation and assessment.
3. Shall be forced to give evidence and explanations by violence, threats or other unlawful means.

Article 60. witness.

a. Witness is a person against whom there is reason to believe that he is aware of any circumstances in a criminal case due to the body conducting the criminal process, to give evidence or giving evidence.
2. Do not be questioned as witnesses:.
1) the suspect;.
2) persons who, because of age, physical or mental disability is not able to correctly perceive the circumstances, subject to the establishment of a criminal case, and give evidence about them. To resolve the question of a person's ability to correctly perceive the circumstances relevant to the case and give evidence about them may be imposed and carried out-patient examination;.
3) the lawyers, their trainees, employees of the Presidium of lawyers, legal advice - for any information which may be known to them in connection with the provision of legal aid in criminal proceedings;.
4) persons who have information relating to the criminal case became known in connection with their participation in criminal proceedings as an advocate, representative, civil plaintiff, civil defendant. Participation in the legal representatives of the suspect or the accused, the victim does not preclude the interrogation of these persons as witnesses in other circumstances relevant to the case;.
5) The prosecutor, investigator, court clerk (secretary of the hearing - the assistant judges) - the circumstances of the criminal case, which they have become known in connection with participation in a criminal case and the judge - in connection with the discussion of issues in the conference room .
6) the priest - the circumstances known to him of the confession;.
7) Physician - without the consent of the person applying for health care, the circumstances constituting the subject of patient confidentiality;.
8 ) Those that have had confidential help in solving a crime - without their consent and the consent of the prosecuting authority.
3. A witness is entitled to:.
1) not to testify against himself, his family members and close relatives;.
2) to challenge the interpreter is involved in his interrogation;.
3) to record his own testimony in the record of interrogation or to certify with his signature in the protocol of investigatory or other procedural act properly record the data of a witness;.
4) make motions and to appeal the actions of the body conducting the criminal process, including measures to ensure its security, family members, relatives and other persons whom he reasonably believes relatives, as well as property;.
5) to receive reimbursement of expenses incurred in criminal proceedings, and the harm caused by actions of the body conducting the criminal process.
4. The witness must:.
1) to appear on the challenges of the body conducting the criminal proceedings;.
2) truthfully inform all known in the case and answer the questions;.
3) do not disclose information about the circumstances that have become known for his case if he had been warned about this body of criminal prosecution or the court;.
4) to obey the lawful orders of the body conducting the criminal proceedings.
5. The witness can not be forcibly subjected to examination.
6. For disclosure of data of preliminary investigation or closed court session without the permission of the leading criminal trial, the witness is liable in accordance with Article 407 of the Criminal Code.
7. For refusal or evasion from testimony (except for persons referred to in paragraph 1 of Part Three of this article ), or for knowingly giving false testimony the witness is liable in accordance with Articles 401 and 402 of the Criminal Code.

Article 135. Persons entitled to file a petition.
Participants in the criminal process (note. NewsBy. org, including a witness ) may apply to the authority of the criminal process, applications for the production of the proceedings or decision -making process to establish the circumstances relevant to a criminal case, the rights and lawful interests of individuals who applied, or the sending of a person.

Article 136. The application requests.
a. The application requests may, at any stage of criminal proceedings. The petition must state the circumstances to determine what is necessary to take remedial action or procedural decision. The written request shall be attached to the criminal case, oral recorded in the minutes of the investigation or trial.
2. Rejection of an application does not deprive the applicant of the right to petition again in the same or a different stage of criminal proceedings.

Article 137. Timing of review and resolution of claims.
a. The petition shall be subject to review and resolve immediately after its application. In cases where an immediate decision on the request is not possible, it must be resolved no later than three days from the date of application.
2. The petition shall be granted if it contributes to the full, complete and objective investigation of the circumstances of the criminal case, the rights and legitimate interests of the parties to the proceedings, or other persons.
3. In the case of full or partial denial of the request body of the criminal process, makes a reasoned decision (determination ), which is not later than three days shall be notified to the person who declared the petition. An application may be appealed to the general rules of the complaints set forth in this Code.

Article 138. The right of appeal against the actions and decisions of the body conducting the criminal process.

The actions and decisions of the body conducting the criminal process, may be appealed in order established by this Code participants in the criminal process, as well as other natural and legal persons, if the proceedings are conducted and decisions affecting them.

Article 139. complaints.

a. Complaints of persons referred to in Article 138 of this Code, the actions and decisions of the inquiry body, investigator, and investigator fed prosecutor in charge of supervising the execution of the laws in the production of a preliminary investigation. Complaints about the actions and decisions of the prosecutor filed a higher prosecutor and the actions and decisions of the court - to a higher court.
2. Complaints about the decision made by the prosecution to dismiss the criminal case, the termination of preliminary investigation of a criminal case, the prosecution filed the appropriate prosecutor or the court where the criminal investigation or consideration of the application or to report a crime.
3. The administration of places of detention shall not later than one day to transfer the authority of the criminal procedure, the complaints of persons detained on suspicion of committing a crime or detained as a preventive measure.
4. The official to whom the complaint on its own actions or decisions, shall within 24 hours to file a complaint the relevant prosecutor and a judge - to a higher court.
5. Complaints may be submitted orally or in writing. Verbal complaints are entered in the minutes signed by the applicant and the officer has accepted a complaint. The complaint may be accompanied by supplementary material.
6. A person who does not know the language in which the proceedings in a criminal case is guaranteed the right to file complaints in their own or another language, which he owns.

Article 140. Time limits for filing complaints and proceedings.
a. Complaints about the actions and decisions of a body conducting the criminal proceedings may be brought in for the duration of the inquiry, preliminary investigation and trial. Complaints against judgments, decrees (Definitions), courts of first instance be submitted within the deadlines established by this Code.
2. Do not assign the complaint officer whose actions are appealed, either approve the decision appealed.
3. In considering the complaint, the appropriate official shall thoroughly check the arguments contained therein, if necessary, to demand additional materials and explanations.
4. An officer examining a complaint, shall, within their powers to take immediate steps to restore the violated rights and lawful interests of the parties to the proceedings, as well as other persons mentioned in Article 138 of this Code.
5. If the complained of wrongful acts or decisions of the person injured, it should be explained to the right to compensation for damage to or removal and procedure for exercising this right as provided by Chapter 48 of this Code.

Article 142. Procedure for handling complaints against actions and decisions of the inquiry body, investigator, prosecutor.
a. The public prosecutor or a judge within ten days of receipt of the complaint shall examine it and inform the applicant of the results of.
2. As a result of a complaint the prosecutor may decide on full or partial satisfaction of the cancellation or change of the contested decision either to dismiss the complaint.
3. Consideration of complaints about the refusal to initiate criminal proceedings, termination of preliminary investigation or prosecution is the sole judge and prosecutor at the place of a criminal investigation or consideration of the application or to report a crime.
4.
5. On appeal the refusal to initiate criminal proceedings, termination of preliminary investigation or prosecution of a judge shall issue a reasoned decision about the complaint and cancellation of orders or the abandonment of the appeal. The judge's decision to abolish the ruling on refusal to initiate criminal proceedings, the termination of preliminary investigation or prosecution sent to the head of the body for the resumption of the proceedings or to conduct additional testing on the material. A copy of the resolution sent to the prosecutor.
6. The judge's ruling on the appeal on the denial of a criminal case, the termination of preliminary investigation or prosecution shall come into force immediately, but may be appealed by the persons referred to in Paragraph four of this article, or the prosecutor appealed to a higher court.
7. Failure to satisfy the complaint to be motivated.

Article 6 of the CPC.






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