The ECtHR partially granted the complaint of the president of the "Russian Milk" agroholding, Vasily Boyko-Veliky, accused of organizing a criminal community. He hoped not only to recover from the Russian authorities compensation for his illegal arrest in 2007, but also to seek compensation for the multimillion-dollar damage inflicted in connection with this holding. Recognizing that violations were committed only against a businessman, the ECHR awarded him € 7,500 compensation.
In a complaint sent to the ECHR in 2007, Mr. Boyko-Veliky cited a list of violations committed against him. However, as a result, the European Court considered that the investigation and the Russian court did not have sufficient grounds for the applicant's arrest, and also did not give him the opportunity for an "early judicial review" of this decision. In addition, as follows from the ECtHR's judgment, in violation of the provisions of the European Convention on Human Rights, the investigator did not allow the priest, wife and mother of the arrested person to be kept in the remand center where Vasily Boyko-Veliky was held.
As explained by Kommersant, the applicant Boyko-Veliky, the investigator of the then Investigative Committee under the Ministry of Internal Affairs, Dmitry Bardin, refused to admit his close relatives to the remand center, citing the fact that they were questioned on the case as witnesses. The priest's visit was banned due to the fact that prisoners can use the prison church. "At the same time, from the SIZO where I was detained, no one was allowed to enter it at all," said Mr. Boyko-Veliky.
As compensation for non-pecuniary damage, the court ordered the applicant to pay the applicant € 7,500. Mr. Boiko-Veliky must receive this money within three months if the Russian authorities do not appeal against the ECHR decision. It should be noted that the businessman expected a much larger amount, believing that he should be paid compensation for damage caused to the company in connection with his arrest.
As previously reported to Kommersant, an investigation into the head of Russian Milk began in 2006, and in February 2007 the businessman was detained. A little later Vasily Boiko-Velikom was charged with fraud in a particularly large amount (Part 4, Article 159 of the Criminal Code) and the legalization of the kidnapped (Article 174 of the Criminal Code), and he was arrested. After spending more than a year in the pre-trial detention center, the accused went under a record pledge of 50 million rubles at that time.
As the investigation initially believed, in 2002-2003, under the instruction of Mr. Boyko, the statutory documents of the state farms in the Ruzsky district of the Moscow region were falsified, the lands of which were then bought back by companies connected with the businessman. The investigation for several years wandered around the departments - it was completed already by the Moscow department of the TFR, and to the accusations of ten defendants, one of the heaviest articles of the Criminal Code - the 210th ("Creating a criminal community with the use of official position") was added. At the same time, there were about 5,000 victims (shareholders of state farms) in the case, and the damage caused to them exceeded 9 billion rubles. However, only part of the case reached the Ruza City Court, which refers to 300 victims who were deceived into 450 million rubles. The case is still pending.