Investigative Committee spokesman Markin.
See for yourselves. Such a handsome blue tunic. Such magnificent golden stars. Such a responsible position. And such a brazen, disgusting liar. MOSCOW, May 25. /ITAR-TASS/. A copy of the order opening a criminal case against well-known blogger Alexei Navalny was sent to the address he himself provided. Vladimir Markin, official spokesman for Russia’s Investigative Committee, told ITAR-TASS this today in response to a request for comment on Navalny’s complaint to Moscow’s Basmanny District Court that he still has not received the order opening a criminal case against him. Let’s take a look. On May 10, the man in the blue tunic with the golden epaulettes announced on television that a criminal case had been opened against me. So what did that make me? That’s right: a suspect. And a suspect has the right to "know what he is suspected of, and receive a copy of the order opening a criminal case against him." And yet all the information I have about the case against me came from the media. I immediately retained a lawyer, who went to the Investigative Committee to find out what kind of case this was, who opened it, where the order was, and so on. At the Investigative Committee they fobbed her off with incoherent mumbling that they themselves knew nothing. On May 12, my lawyer formally requested a copy of the order opening the case. Silence again. The situation is strange. There were statements in the media, even details of the case. But no paperwork. I can’t defend myself because I don’t know what I’m accused of. I can’t appeal the opening of the case either—there are no documents. I’m canceling all my trips and business travel. In early June I was supposed to go to a legal conference in London, which I’d been invited to several months ago—I’m canceling that too. I’m not especially eager to give these crooks a chance to arrest me at the border while shouting: he was trying to flee to London!! I’ve decided not to leave Moscow at all. If these characters are shameless enough to lie that they sent me the order, then they’re shameless enough to lie that "we sent you summonses for questioning and you failed to appear, so the preventive measure is detention." So I’m sitting at home, waiting for the paperwork. Still silence. The situation is very strange. I simply cannot get a copy of the order opening a case against me. So I sued the Investigative Committee. As it turned out, not for nothing. Yesterday I received this:
Is this little scrap of paper what Vladimir fashionable_blue_tunic Markin calls an "order opening a case"? If so, then he is clearly in the wrong job. He doesn’t deserve the tunic. As you can see from the envelope, investigator for especially important cases Miniakhmetov opened the case on May 10. He leaked that fact and the details of the case to the media. Then for another seven days he either stared at the ceiling or attended to some other especially important cases, and only after that decided to send me this worthless piece of paper. May 17
I received the letter on May 25
And the question remains: where is the actual order? I would very much like, by now, to read what exactly I am suspected of. That is why: *To the Basmanny District Court of Moscow Attorney O.O. Mikhailova Law Office No. 10 of the Bar Association "Moscow City Bar Association" 1/32 Marksistsky Lane, Moscow 109147, Tel. 912-54-41 on behalf of the defense of Alexei Anatolyevich Navalny COMPLAINT pursuant to Article 125 of the Russian Criminal Procedure Code On May 10, 2011, the press service of the Investigative Committee of the Russian Federation distributed through the mass media information that a criminal case had been opened against A.A. Navalny on suspicion of an offense under Part 3 of Article 165 of the Russian Criminal Code. In particular, the following information was published on the official website of the Interfax news agency at http://www.interfax.ru/print.asp?sec=1448&id=189296: “Vladimir Markin, official spokesman for Russia’s Investigative Committee, confirmed to Interfax that a criminal case had been opened against Navalny. ‘Yes, I can confirm that the Main Investigative Directorate of the Investigative Committee of Russia has opened a criminal case against Alexei Navalny, a lawyer and member of the Moscow City Bar, on suspicion of an offense under Part 3 of Article 165 of the Criminal Code (causing property damage by deception or abuse of trust in the absence of signs of theft),’ Markin said in response to an Interfax question” (Appendix 1). However, to date A.A. Navalny has not been notified by the investigation of the decision to open a criminal case against him and has not been provided with the Order opening the criminal case against him. On May 12, 2011, a request was submitted to the Investigative Committee of the Russian Federation demanding the immediate provision of a copy of the Order opening the criminal case against A.A. Navalny (Appendix 2). Nevertheless, no response to this request has been received. Under Part 4 of Article 146 of the Russian Criminal Procedure Code, when a public prosecution criminal case is opened, the “head of the investigative body, investigator, [or] inquiry officer” is required to IMMEDIATELY notify the “person against whom the criminal case has been opened” of the decision. Under Clause 1, Part 1, Article 46 of the Russian Criminal Procedure Code, a suspect is a person “against whom a criminal case has been opened on the grounds and in the manner established by Chapter 20 of this Code.” In Ruling No. 300-O of December 17, 2002, the Constitutional Court of the Russian Federation stated the following: “If a criminal case is opened against a specific person, that person acquires the status of suspect, and as a result damage may be caused to his constitutional rights and freedoms.” In addition, Part 4 of Article 46 of the Russian Criminal Procedure Code provides that “The suspect has the right: to know what he is suspected of and to receive a copy of the order opening a criminal case against him …”. Ruling No. 467-O of the Constitutional Court of the Russian Federation of December 21, 2004 sets out the following legal position: “under Clause 1 of Part 4 of Article 46 of the Criminal Procedure Code of the Russian Federation, a suspect in all cases has the right to know what he is suspected of, and this right is ensured by the obligation of the inquiry officer or investigator to hand him a copy of the order opening a criminal case against him.” Nevertheless, officials of the Investigative Committee of the Russian Federation, contrary to the above provisions of criminal procedure law and the legal positions of the Constitutional Court of the Russian Federation, deprived A.A. Navalny of the right to know what he is suspected of and unlawfully obstructed the delivery to the suspect of the order opening the criminal case against him. All of this demonstrates that officials of the Investigative Committee of the Russian Federation violated the requirements of Articles 16, 46, and 146 of the Russian Criminal Procedure Code, thereby violating the rights guaranteed by Article 24 of the Constitution of the Russian Federation. Moreover, without information as to what he is actually suspected of and what those suspicions are based on, A.A. Navalny has effectively been deprived of the right to defense guaranteed by Articles 45 and 48 of the Constitution of the Russian Federation. At present, the defense cannot file a full complaint against the Order opening the criminal case. I ask the court to request from the Investigative Committee of the Russian Federation the Order opening the criminal case, as well as other materials that served as the grounds and basis for opening the criminal case against A.A. Navalny. After reviewing the Order opening the criminal case, the defense will submit supplements to this complaint. On the basis of the foregoing, I REQUEST: That the above actions (inaction) of the investigation, which violated A.A. Navalny’s constitutional rights and impeded his access to justice, be declared unlawful; That the Investigative Committee of the Russian Federation be ordered to remedy the violations; That a special ruling be issued addressed to the Investigative Committee of the Russian Federation pursuant to Part 4 of Article 29 of the Russian Criminal Procedure Code. Appendices: Printout of the published information posted on the Interfax website at: http[://www.interfax.ru/print.asp?sec=1448&id=189296; ]({{URL_6}})Copy of the request; Warrant from Law Office No. 10 of the Moscow City Bar Association. “19” May 2011 Attorney O.O. Mikhailova I do not understand what the problem is. Just give me those 5–6 pages describing my own especially dangerous crimes.