Another example of a businessman false charge fabrication

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The Russian Court sentenced Nikolaj Kudelko, the citizen of Lithuania, to 6 years of imprisonment for illegal entrepreneurship and for illegal usage of trademark.
 After the sentence was announced, there was a huge amount of information distributed on the Internet that a foreigner flooded Russia with falsified coffee and counterfeit production. However, it was not mentioned that the “falsified coffee” confiscated from the foreigner was in fact stolen and sold by officers of the Russian police. It is important to note the fact that the production was confiscated not in the course of any administrative or criminal proceedings and without the decree for confiscation. What is more, it was not mentioned in this information that the company, from which the production was confiscated and taken away by so called “policemen”, had trademarks with patents for this production, and so it could not be sold by anyone else. However straight after confiscation this production was being sold in various trade places in Moscow and its neighboring areas.
 
As a proof of crime of corruption by dishonest officers of the Economic Safety Department of the Ministry of the Interior of Russian Federation towards Nikolaj Kudelko is the fact of extortion of money by them from N. Kudelko in the sum of $500,000 (five hundred thousand US dollars); upon the receipt of the stated sum, officials of the above mentioned department of the Ministry of the Interior of Russian Federation promised to return (the owner of the production) Kudelko production illegally confiscated from him.
 
Relying on the integrity of officers of the Inherent Security Department of the Ministry of the Interior of Russian Federation, N. Kudelko submitted a written complaint to this department of the central apparatus of Ministry of the Interior of Russian Federation about the illegal actions of police officers in May 2007. However, it was his fatal mistake, because as many are saying, the leadership of the Inherent Security Department of the Ministry of the Interior of Russian Federation is “filtering” the incoming complaints and coordinating its actions with the leadership of the Ministry of the Interior of Russian Federation.
 
In particular, it is considered, that if the complaint features high ranking officers of the central apparatus of the Ministry of the Interior of Russian Federation, including generals, then measures are taken so that there is no publicity of the crime committed by the officers by the Mass-media. The complaint is not checked in the proper way and methods are found to make the complainant cease talking.  
 
That is what happened in the present case. Instead of conducting the check of facts of corruption stated in the complaint, the officers of the central apparatus of the Ministry of the Interior of Russian Federation have done everything possible to isolate N. Kudelko so that he would not have the opportunity to complain on his own and he was held under an arrest so that he could be manipulated in the conditions of the Investigatory Isolator.
 
Kudelko Nikolaj was soon after imprisoned in the Investigatory Isolator for almost 3 years.
 
The officers of the Economic Safety Department of the Ministry of the Interior of Russian Federation in contravention of police laws ILLEGALLY removed from the warehouses all the production, while the officers of the investigation even prior to the court decision ILLEGALLY gave order for so called “destruction of the production”.
 
The criminal case was assigned to be investigated by the investigator Monin A. M., who tried to persuade Kudelko to admit his fault for the crimes incriminated on him, which in fact he never committed. The investigator informed Kudelko that in case of him admitting his fault investigator will end the criminal case in reference to his brother. However the investigator deliberately withheld the fact that the criminal persecution in relation to Nikolaj’s brother at the moment of negotiations was already stopped.
 
After Nikolaj Kudelko refused to admit his guilt and did not agree for a “special order” of court hearing of the criminal case, Nikolaj was illegally ‘visited’ on the 16 December 2008 in the Investigatory Isolator № 5 in Moscow by a never before seen man. The man, without introducing himself, started threatening Kudelko Nikolaj so that he would stop attentively gaining knowledge of the materials of his criminal case. In the opposite case - settlement of Nikolaj into “pressure-cell” will be organized where previously convicted people will “put him down” and infect him with AIDS virus. As a result of lawyer’s inquiry it was ascertained that that man who visited Nikolaj is the officer of the central apparatus of the Ministry of the Interior of Russian Federation, i.e. an investigator of the Ministry of the Interior of Russian Federation Gribov M. B., who was not included in the investigatory operative group for this criminal case and as Kudelko believes he is the member of criminal police group.
 
While Nikolaj Kudelko understood that he was confronted with well organized mechanism of elimination of personal possessions, he yet was hoping for the fair trial. However, the court hearing was just a formality.
The court shut its eyes on the crimes committed by the police officers and sentenced all the Russian business in the face of foreign citizen – Kudelko.
 
The court did not desire to consider the criminal case accusing N. Kudelko in an objective fair manner, taking into account presumption of innocence and equality of arms, thus violating the right of the accused to fair trial.
 
Threats in relation to Nikolaj Kudelko were continued even before him due to give evidence in the municipal court of Vidnoe of Moscow region. Unknown men arrived to the Isolator of Temporary Detention in town Vidnoe, where they informed Kudelko that if he does not admit his fault he will be sentenced to 3 years imprisonment. In case he refuses to admit his fault and starts giving evidence – he will get 6 years of imprisonment and will be continued to be persecuted in the places of imprisonment.
 
However, N. Kudelko did not admit his fault in court and the judge of the municipal court of Vidnoe Bocoroga-Volchihina M.V. sentenced Nikolaj to 6 years of imprisonment. That is that term of imprisonment that was told by the police officers who visited him in the Isolator of Temporary Detention, presumably from the same criminal group.
 
Only owing to big public resonance and active help of Ambassador of Lithuanian Embassy in Russia the court council for criminal cases reduced the sentence of Kudelko from 6 to 3 years, and he was freed.
 
This unexpected release caused worry to the above mentioned police officers, who organized the raider seizures of the production belonging to Kudelko and his later illegal criminal persecution so that he cannot complaint.
 
In connection with this, Nikolaj Kudelko is presently afraid of illegal actions from their side, including drop off of drugs, weapons and ammunition with the later illegal initiation of criminal proceedings.
 
Regarding this situation he wrote to the All-Russian public movement ‘For Human Rights’ a declaration.
 
N. Kudelko addressed for help in his fight for justicethe All-Russian public movement ‘For Human Rights’, a law protecting organization in Russia, defending entrepreneurs from persecution from the law-enforcement agencies.
 
In addition, Nikolaj Kudelko, being free already for around two months, gathered evidence that the investigator for especially important cases of the Investigative Committee of the Ministry of the Interior of Russian Federation lieutenant colonel of police Monin A. M. falsified documents for the car “Hyundai” belonging to Nikolaj and sold it. The stated car “Hyundai” was taken away during this criminal case, it was recognized as material evidence and it was supposed to be stored in responsible storage – until the sentence comes to legal force.
 
However, the car “Hyundai” costing more than 1 100 000 rubles was illegally taken out of the records with the permission of the investigator Monin before the sentence came into force and it was sold, which is a crime committed by the officer.
 
This way the following things “disappeared”: taken away during the removal from the bank safe 2 USB flash memory cards with recordings of negotiations during extortion of money by the police officers for the return of confiscated production, as well as taken away during the arrest and search of the apartment documents, evidencing the purchase of confiscated coffee, facts of extortion of money and illegal theft of coffee, i.e.:
- Declaration to the municipal prosecutor’s office of town Vidnoe of Moscow region and Inherent Security Department of the Ministry of the Interior of Russian Federation
- Dictaphones “Philips” with voice recordings of conversations
- Video tapes with recordings with the following inscription on the tag: “кофе-менты-рффи!!!-склады” (i.e. “coffee-police officers-Russian Fund of Federal Property!!!-warehouses”) dated 19.07.07
 
After the removal the above mentioned things and documents were not added to the materials of the criminal case, and there is no information about their subsequent locations. There were declarations written regarding their return addressed to the leadership of the Investigative Committee of the Ministry of the Interior of Russian Federation and personally to investigator Monin A.M. The answer of the investigator Monin A. M. made it clear that the above mentioned things were really extracted during removal and search during the arrest, i.e. they just “disappeared” for understandable reasons and until now still there are arrangements conducted in their location.
 
Since initially policy officers deliberately conducted theft and sale of illegally extracted coffee production, and accordingly – later fabricated the criminal case with the aim to hide theft of production, thus the abovementioned things and documents WERE DELIBERATLY NOT INCLUDED IN THE MATERIALS OF THE CASE, but just – DELIBERATELY DESTROYED.
           
Taking into account the aforementioned facts two months ago Kudelko has written detailed declaration to the
Investigative department of Investigative Management of the Investigatory Committee at the Prosecutor General's Office of the Russian Federation for Vidnoe area in the Moscow region about susceptibility of operative officers of the Department of Economic Crime and investigators of the Ministry of the Interior, guilty of raider seizure of his production and illegal criminal persecution, as well as theft of material evidence and his car.
 
However as yet – following two months! – in contravention of the requirements of article 144 of Criminal Process Codex of Russian Federation his declaration was not checked during 10 days period, which implies no desire on the part of investigators to do the check in due course and possible pressure on the investigation by the high-ranking officers of the Ministry of the Interior of Russian Federation.
 
The fight against corruption in Russian, against trade raiders – is a long time necessity of the reforms in the Ministry of the Interior.
 
On the 11th of August the movement ‘For Human Rights’ addressed the Chairman of the Investigatory Committee at the Prosecutor General's Office of the Russian Federation A. I. Bastrykin, Prosecutor General of the Russian Federation Y. Y. Chaika and Russian Human Rights CommissionerV.P. Lukin – with the claim for investigation of the accusations of the Lithuanian entrepreneur Nikolaj Kudelko, who believes, that high ranking officers of the Ministry of the Interior of Russian Federation participated in the raider seizure of his possessions for the sum of more than two million dollar US, in the fabrication of criminal case against him and also in the extraction from him of several hundred thousand dollar US. This claim involves call for taking investigation under special control and passage of it to the Investigative Management of Investigatory Committee at the Prosecutor General's Office of the Russian Federation for Moscow region.