On Wednesday, an investigator of the Moscow Main Investigation Department of the Investigative Committee of Russia (GSU TFR) charged Mikhail Khabarov, First Deputy President, Chief Executive Officer of Bank Trust, with a particularly large-scale fraud. Due to the restrictions associated with the coronavirus, this was done in a pre-trial detention center through glass by phone. Since during the prosecution process, Mr. Khabarov was deprived of the opportunity to consult with defense lawyers, he and his lawyers refused to sign the corresponding protocol, considering the procedural action illegal.
According to lawyers Timur Khutov and Vladimir Slashchev, they had to wait for the promised procedure in the Matrosskaya Tishina detention center for about three hours. “All this time, investigators and lawyers, about 20 people in total, spent in a small reception room, where it was simply impossible to maintain the required social distance,” noted Mr. Khutov. “And although everyone was wearing medical masks, shoe covers and gloves, I don’t exclude that someone could have become infected and brought the infection to the pre-trial detention center. " Actually, because of these quarantine measures, further misunderstandings followed.
“When we were let into the premises where the indictment was to take place, we realized that it would not be possible to ensure confidential communication with the client,” noted Mr. Khutov, “as well as normal indictment,” he said. The fact is that this office is intended for meetings of relatives with prisoners. The latter are separated from visitors by glass, and communicate with them by phone. Due to the fact that several dates take place at the same time, everyone is trying to shout down the neighbors sitting across the partition at a distance of 20-30 cm.
The investigator also had to shout in order to convey the essence of the accusation to Mr. Khabarov in the general hubbub.
Recall that this criminal case was initiated on September 30 at the request of the former partner of Mr. Khabarov in the company "Business Lines" Alexander Bogatikov. The suspect, who should have been immediately notified of the criminal prosecution, found out about it only on October 8, when the investigators came to his apartment with a search. According to the statement of Mr. Bogatikov, Mikhail Khabarov, as part of a group of persons, stole 842 million rubles from him in 2014-2017, forcing him to conclude an unfavorable agreement on the option and the provision of services. The banker is now charged with a grave crime - large-scale fraud (part 4 of article 159 of the Criminal Code of the Russian Federation), which provides for up to ten years in prison. On October 9, at the request of the investigation, the Presnensky District Court of Moscow imprisoned Mr. Khabarov. The financier himself does not admit his guilt, pointing to the decisions of three courts in Great Britain, Russia and Cyprus, which confirmed that Mr. Bogatikov owes him the allegedly stolen amount.
When the investigator finished reading the indictment and acquainted Mr. Khabarov with the rights according to which the accused can communicate with the defense lawyers in a confidential atmosphere before the interrogation, the top manager of the Trust said that he wanted to exercise this right. The investigator did not object, but said that he could simply leave the cubicle where the lawyers were already, and not interfere with their communication with the client. But this proposal categorically did not suit Messrs. Slashchev and Khutov.
“We said that in such conditions it is impossible to ensure confidentiality, since there are a lot of people around who will hear us,” explained Mr. Slashchev. “And the communication itself is controlled by the escorts who are constantly moving around the room. And the investigator can hear what we say to the client, because in the general noise we have to constantly raise our voice. "
Then the lawyers filed a statement to the representative of the Moscow TFR, in which they pointed out his violation of clause 9, part 4 of Art. 47 of the Code of Criminal Procedure, which states that the accused has the right to meet with the defense lawyer in private, including before the first interrogation. The defenders did not limit themselves to this and noted that their client has the right to a detailed acquaintance with the accusation, and not a simple perception of it by ear, since Mikhail Khabarov does not quite understand the meaning of the disclosed document.
After listening to the defenders and saying: “Exercise your rights,” the investigator retired for twenty minutes, but did not leave the text of the accusation to them. As a result, Messrs. Slashchev and Khutov could only assure the client of the illegality of what was happening and the need to require communication with them in a separate room.
Upon returning, the investigator nevertheless passed the text of the accusation and the protocol on his acquaintance to Mikhail Khabarov, who was behind the glass, through the escort. However, the financier refused to sign the protocol, repeating his claims. The lawyers also refused to sign it. In this situation, the representative of the TFR had to leave with nothing.