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Arakcheev Sergei Vladimirovich, born 06/07/1981, lieutenant, commander of the engineering-sapper company in a / h 3186 (Division im.F.E.Dzerzhinskogo, Reutov-3, MO), previously not convicted, in the service and place of residence is characterized positively, has numerous incentives, awarded Medal for Military Valour, "for military valor and a medal Suvorov.
Khudyakov, Eugene S., born 1/26/1978, lieutenant, commander of the infantry company in / h 3186, not previously convicted, in the service and the community is characterized by positive, has repeated encouragement.
According to the prosecution, 15.01.2003 BTR company scouts A-226, commanded by Khudyakov, ES on a country road near Airport "North" in Grozny stopped KAMAZ.
Arakcheev SV and Khudyakov, ES ordered to leave the car driver - Yangulbaevu SS and passengers Dzhambekovu AA Khasanov, and NU, then wanton (motives in the verdict is not given) was killed by shots from their allotted to them automatic 9 mm and 5.45 mm. Then, according to investigation Arakcheev SV and Khudyakov, ES blew up a car KAMAZ.
verdict of the North Caucasus District Military Court on 29.06.2004 Arakcheev SV and Khudyakov, ES the charges on st.st.105 Part 2 pp "A, f, l" 167, Part 1, 286 part 3, pp "A, b of the Criminal Code had been acquitted in connection with their non-participation in the commission of these crimes.
11.11.2004 acquittal sentence was overturned the Military Collegium of the Supreme Court (cash def. № 5-64/04) due to the fact that the jury in the case were included citizens from the lists of jurors not only for 2004 but for 2003.
verdict of the North Caucasus District Military Court from 12.10.2005 Arakcheev SV and Khudyakov, ES were re-justified in relation to non-participation to commit crimes.
25.04.2006 acquittal was repealed the Military Collegium of the Supreme Court (cash def. № 5-64/04) on the basis of the Decision of the Constitutional Court from 6.04.2006 № 3-P, and S. Arakcheev and Khudyakov, ES denied the right to have their cases tried by a jury.
judge's sentence of the North Caucasus District Military Court Tsybul'nyk VE 12/27/2007 Arakcheev SV and Khudyakov EV sentenced to imprisonment for a term of 15 and 17 years in the IR strict regime.
Definition № 5-64/04 Military Collegium of the Supreme Court of the Russian Federation of 28.08.2008 verdict of the North Caucasus District Military Court of 27.12.2007 upheld. Presiding in the case when considering the cassation instance was the Colonel of Justice judge Krupnov IV, up to October 2007 worked as deputy chairman of the North Caucasus District Military Court.
1. Alibi Arakcheeva SV documented and witnessed:
According to the protocol inspection log out of machines from 01/18/2003, 01/15/2003, the APC A-208 and A-211 went out three times in the periods from 7.20 to 9.30, from 10.20 to 12.20 and from 14.20 to 15.25. Older are Arakcheev and Berelidze. "(V.1 l.d.120-124) That is, as seen from the magazine, Arakcheev when described in the indictment events, was not Khudyakov on APC A-226, and in another place as commander of the armored A-208. Order of giving Arakcheeva SV crew Khudyakov SV in fact absent.
On the contrary, the court presented an extract from the orders of the commander of the 2 nd Regiment of Special Purpose Egorova EA № 016 from 14.01.2003 (t.35 l.d.221) and № 017 of 01.14.2003 (t.35 l.d.222) in LDPE (item time dislocations) in Grozny, which indicate that the SV 15/01/2003 Arakcheyev was tasked to the output as a commander on engineer reconnaissance (clearance) on APC A-208, a group covering on APC A-211, commanded by Captain Berelidze PG
According to the excerpt from the Journal of fighting military unit 3186 № 913 On 15/01/2003 at year (T.40 l.d.26), these decisions have been made a commander.
During the hearing alibi Arakcheeva SV confirmed the 25 witnesses: witnesses Nuzhdin, M.; Zaderej AV Marchev AA Brazhnikov SA, Lt. Tigishvili NT, Lt. Perpelyuk SM, Lt. Prussians, MN, Stepanov VS, Nikiforov SM, Yudin, VA, Sviridov, EI , Aikin, NS, Milov, DA, Golovin AA, Churin AA Iskaliev EA Makarchenko SM Zaitsev, RA, Archer D., Matveev AV, Timofeev A . E., Pershin, O., Major Skachkov AM, Lieutenant Colonel Novik YE, Lt. Col. AV Sizov
Indications another 5 did not appear, but earlier questioned witnesses for the defense Judge Tsybul'nyk VE refused to disclose.
2. In drawing conclusions ballistics № 143/03 stated: "Presented shoot 7.62 ammo casings from 9 mm bullets, 5.45 rounds found at the scene and further examination of the scene, not shoot from AS "Val» LE 0259 (automatic Khudyakova) AKS-74M № 7882965 (automatic Arakcheeva). "(v.8 l.d.98-102) in total on the case held on 5 ballistic examinations with the same result.
3. 16/01/2003 discovered the corpses were buried the same day, the clothes immediately destroyed. Autopsies had been made. Nevertheless, according to an expert in body Yangulbaeva SS a blind wound. Protection is confident that there is a bullet 7.62. At the exhumation and autopsy corpses denied.
Judge Tsybul'nyk VE refused to question appeared in the trial Maslov, EN, and court-med. expert of difficult examinations Bureau JMO Rostov region, an expert of the highest category, the professor. Also, the judge Tsybul'nyk VE refused to include all the conclusions of medical experts.
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