Nataliia from Galicia
Sorry for RL issues but we need your help against injustice that is spreading in my country.
The story about one of FC Dynamo Kyiv ultras...
The Pavlichenkos owned an apartment with legalized additional accommodation in the center of Kyiv. They lived in the additional room, the apartment was leased. An old reputable apartment building in the centre, the apartment was inherited. "Gooyoord BV", a Dutch company, starts buying out all apartments in the building, with aim to build new office centre. Pavlichenko refuses to sell the apartment, where his family lives, afterwards threats, intrigues, attacks and trials follow. For several years Pavlichenko litigates and does it successfully.
One winter night a police bursts into the apartment showing a default judgement (made in Pavlichenko’s absence) and starts moving out all the belongings as well as the family – the additional accommodation should be demolished, the family should be evicted from the apartment. The court decision was made by Mr. Zubkov, a judge of the Shevchenkivsky district court. Pavlichenko starts defending his rights applying for a revision of judgement, writing to members of the Parliament, giving press-conference together with his attorney.
In March 2011 Mr. Zubkov is found murdered at the entrance to his apartment. He was murdered by two people, one attacked him in the elevator, the other was waiting for him on the floor with a gun. The attackers were seen by several people. Among those - an elevator operator, who was called at the site of the crime and who was allegedly shot at by the murderer, but the gun misfired. Later he would tell a TV reporter he could identify the murderer but he would disappear for a prolonged period.
Mr. Zubkov conducted many high-profile cases concerning building development in the centre of Kyiv, and many of his judgements were not in favor of developers, large building companies. Two days after Mr. Zubkov’s murder Dmitry Pavlichenko (father) and Sergiy Pavlichenko (son) were put under arrest on suspicion of murder. Cops bursts into their dwelling at night, dislodging windows and doors, though there was no need and they could not fight back. Both Pavlichenko, father and son, are kept in Lukianivka prison. Under duress and threats Sergiy pleads himself guilty. Immediately the top officials of the public prosecutor’s office and Ministry of Internal Affaires give a TV press-conference, declaring that murderers are found, though no investigation has been started yet.
Fans of the Dynamo Kyiv FC get information that Pavlichenko, the junior, is one of them, and they declare a permanent "Freedom for the honest" protest action. The action is joined by all football fans in Ukraine, banners in support of the Pavlichenkos appear on the terraces, fans’ rhymes call for the release of the innocent. One day fans and activists in more than 10 cities of Ukraine go to the streets. In Kyiv more than half a thousand people march from Lvivska Square to Lukianivka prison demanding the release of Sergiy and his father.
From the very beginning the investigation is conducted with a lot of violations under publicly declared slogan "The Pavlichenkos are guilty". Top officials address Pavlichenko, the elder, saying they know he is innocent, but offering him to plead guilty on the condition they would leave his family in peace, whereas he himself wouldn’t get a life term. Pavlichenko refuses to plead guilty for the crime he has not committed
After that at night Pavlichenko, the elder, is attacked by allegedly insane person trying to strangle him. Public prosecutor’s office doesn’t react to the murder attempt complaints. Chief prosecutor has been substituted in the case. There is no direct evidence against Pavlichenko. Arrest term is permanently prolonged and only one year after arrest the case goes to the court.
First session was held in winter, temperature being -20 C. 300 people came to the court entrance to support Pavlichenkos. The trial lasted 9 months holding 1-2 sessions per month. All this time both father and son held their own in a dignified manner. During each session they were supported by scores or hundreds of people.
During the first session the prosecutor read an accusatory conclusion of the investigation considering that the Pavlichenkos murdered the judge in revenge for their eviction and asked the court for a life term for Pavlichenko, the elder, and for 15 year term for Pavlichenko, the junior.
Starting from this session a long trial begins during which all the mistakes and abuses of the investigation are disclosed. The case collapses-nobody has any doubts in the Pavlichenkos’ innocence including media people who are numerous and who sympathize to the defendants.Interrogation of witnesses starts, all six of them declare that they do not recognize murderers among the defendants. Their testimony absolutely differs from police protocols. Witnesses do not identify defendants with the murderers both during investigation and in court. They insist that defendants are undoubtedly not murderers.
The key witness - elevator operator, who saw the murderer face-to-face, evades appearing in court. The judge declares him a wanted person. The wife of the late judge announces that the latter was nervous in his last days and that he was possibly threatened.
Meanwhile documents of the case become the object of an additional study and it appears that the investigation does not have evidence to prove the Pavlichenkos guilt. The murder weapon has not been found, witnesses say they don’t identify the Pavlichenkos as murderers, at the site of the murder blood of an "unknown person" has been found. Prosecution arguments are very doubtful: in Pavlichenko’s car opened without witnesses bullets "looking like" bullets in Mr. Zubkov corpse have been found. Pavlichenko’s fingerprints have been taken not at the murder site, but on the ground floor. All the evidences has been put into one box not as genuine evidence, but as copies from the scotch paper, later repacked by the investigator before the expert examination. The expert who examined the murder site would say later that he simply put his signature in the protocol without examining any evidence. All the evidence was sent for the expertise directly from the prosecution… The crown of the evidence – a sheet of paper with a headline "Goloseevskaya, 13" (Mr. Zubkov’s address), found in the Pavlichenkos’ apartment.
Attorney’s application to examine dubious evidence in the courtroom and summon witnesses is turned down "not to delay the case". It becomes a fact that the murder site was flooded with blood of the murdered Mr. Zubkov, who was staggered in the neck and body. Meanwhile no trace of blood was found on the body or clothes of both Pavlichenko. Considering that the murderers struggled with the judge, knocked him down and then dragged his body.
Conditions of their custody become known. It appears that the days of court sessions they spend without food and water. They are waken up at 5 in the morning and held in a cold concrete room until departure to the court. They bring them in the same room after the court and only late at night the Pavlichenkos would get to their cells.
The defendants’ attorney declares (on the basis of the telephone printouts) that Pavlichenko, the elder, spoke to his attorney through the home phone at the time of the murder. The defendants get an alibi
After half a year investigation finds and brings to the court the elevator operator, a key witness. He declares that he does not recognize murderers in the defendants. The same operator shocks the court saying that he wasn’t present at the reproduction of the murder. On being asked who signed the protocol he said that he sent his brother instead of himself. Elevator operator said that the investigation officer put pressure on him, demanding to identify Pavlichenko as a murderer. The case collapses, investigation faces a lot of questions. The press writes that the Pavlichenkos should be released against recognizance not to leave. The case lasts another several months and its drawbacks become more obvious. It becomes more evident that the defendants are innocent.
In autumn the court abruptly terminates the trial. At the last session all the arguments of the defense are discarded. Applications for additional study of the case material are declined "not to delay the trial"
Everybody believes in the Pavlichenkos’ release, but the judge reads the verdict for an hour and a half stating Sergiy and his father guilty. Pavlichenko, the elder, gets a life term, Pavlichenko, the junior, 13 years. The verdict is full of false facts and distorted testimony, outrageous violations and falsifications of investigation.
It is evident that murderers of judge Zubkov are at large.
At the last match of the Champions League Dynamo fans did not hang their usual banners, leaving only one slogan "Free the Pavlichenkos" At the start of the game several thousand people turned their back to the field holding their hands behind the head.
The protest was supported by fans of all football clubs in Ukraine
younger son is asking for help
We are asking European football fans to support us, Ukrainian football fans and to join our campaign of "black tour" or "THEYARENOTKILLERS" as a sign of protest against judicial outrage. Please, keep coming to see football games of your team from November 16th to November 19th in black and hang out the banner in cyrillic script «ВОЛЮ ПАВЛИЧЕНКАМ!» and «THEY ARE NOT KILLERS». And the most important thing is that we are asking you to approach your European member of parliament to pay attention to this case. You can raise any questions to this campaign in comments to the video film, or send mail to [email protected]
Thanks to not indifferent people!
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P.P.S. Original article
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