The article described, that in late June Zhovtnevyi district court sentenced a resident of Mariupol, Kravchenko, nicknamed Abramiha, who for many years was selling narcotic drugs from her apartment in a house on Lenin Prospect. The court found Kravchenko guilty of crimes under Article 307 of the Criminal Code and sentenced the defendant to seven years imprisonment. Kravchenko, filed a complaint in the Court of Appeal of Donetsk region, and on August 19 Court of Appeal ruled to send her case back for further investigation, and released the defendant from custody in the courtroom.
These processes caused a public reaction of outrage, and civic protests, so the Criminal Court returned the case to the investigation.
Last week the Board of Appeal Criminal Court consisted of Judges: Tatiana Shalin, Yuri and Vitaly Ribak went through an appeal. Lawyers have requested the court to revoke the sentence, and stop criminal prosecution against Kravchenko, believing that the accusation is based on insufficient evidence. Moreover, according to her lawyer, evidence obtained through questionable actions. They are talking about undercover police operation and drugs purchases in her house on Lenin Avenue, and procedures for searching the apartment of the accused. According to the defense, they were held in violation of procedural norms.
Prosecutor Natalia Maksimenko found no police action was illegal activities. And believes that the court’s sentence should remain in force, taking into account previous convictions Kravchenko for a similar offense. In addition, the materials of the court has videos, recorded the fact of drug possession.
Examined the materials of the case and hearing arguments of both sides, a panel of judges of Donetsk Court of Appeal in Mariupol has sent a criminal case to the Court of First Instance for a new investigation. Court then changed the measure of restraint, releasing Kravchenko from custody in the courtroom.
Opinion of the prosecution
On the court decision to set aside a conviction, and return for a new trial, we are talking with a senior assistant prosecutor District Attorney, Dmitry Dyachenko, directly overseeing this criminal case brought against known drug dealer, Abramiha.
– Dmitry, you, as prosecutors, aware of any violations that occurred during the pretrial investigation and operational activities, including – at the stage of establishment operative investigation of the case?
– That was no violation, which would have caused any consequences.
– Based on what information was brought operational and investigative work?
– The police department conducted an investigation of a criminal case under article 309 of the Criminal Code of Ukraine. The suspect explained that he had previously acquired tramadol at her house. The address was found, OSA was filed, and then we received court permission to conduct a search of the apartment. Undercover detectives purchased tramadol from her, everything was videotaped. In my opinion, and the trial court also agreed with this, that the police acted within the law and have a comprehensive evidence base for criminal activity. The video clearly shows that it is Abramiha passes from her “famous” window in the door of the apartment tramadol pills, and then gets the money.
Search was carried out in an apartment where they confiscated tramadol and money received from the two operations. The criminal case was investigated by the police station and sent to the court. The measure of restraint of the accused was elected as a detention.
Primorsky district court, before to refer the case to another jurisdiction in Zhovtnevyi District Court, that were the crime occurred, has changed the measure of restraint for her release on a bail. The bail was set of 17,000 grivnas and some of her friends payed the bail.
– Who took the case as witnesses?
– Completely independent people – two women and two men. All of them were questioned in court, told the circumstances of the procurement monitoring and searches in the apartment.
Were investigated money used during the procurement, and they are now stored in police department of MIA. We investigated everything, including drugs.
At the last hearing Abramiha didn’t come to court, of the reason of poor health, although, she did not informed the court of her absence. It later emerged that 5 minutes before the start of the process, she called an ambulance, but refused examination of the physicians. The court decided to change the preventive punishment again to detention.
– Seven years of imprisonment with confiscation of all property owned – not too harsh a sentence?
– The court delivered its verdict, which was asked the prosecution. Is it too severe? If you look from the perspective of parents of children of drug addicts, and those who have been and might still be a drug addict in the future, I think that her isolation from society at this time – a measure necessary and just. However, Abramiha appealed the verdict.
– Were there any similar cases in your practice before?
– Last week, in the Primorskiy Court acquitted Alexander B. He was accused of selling opium, what he did for eight years in Zhovtnevoe area. Department to combat illegal drug trafficking conducted all pre-trial activities in compliance with legal requirements. The defendant pleaded guilty completely, as well as his girlfriend. But during court he changed his testimony. He said that because of poor eyesight could not see which documents he signed. And that the investigator had persuaded him to sign the protocol, promising that he would not face any punishment. His wife said that she was in a state of shock, therefore, gave a confession.
Based on the evidence of these allegations court found him, not guilty, and didn’t recognized the defendant of the video presented in court.
It should be noted that the couple previously convicted, and was on probation when they were again accused of selling drugs.
– That is, to prove in court the facts of drug trafficking – is not easy?
– It’s true. At the last decision we put an appeal. Certainly, the prosecution is interested in social isolation of the accused Abramiha, because as we understand the consequences of drug trafficking in Mariupol.
Opinion of the police
In order to inform readers with the details of the operational activities the journalist, “Azov Worker” met with an investigator of OBNON Primorsky district – Vladimir.
– You were one of the members of the operation when purchasing drugs from Abramiha. Who made the video, and how it is organized?
– The camera is installed on the clothes in our investigators who come to the apartment. To see a video device was impossible. This system was placed, which allows you to hear the conversation between our staff and the drug dealer and see the location of all subjects. Money was marked, the numbers correspond. When they are seized evidence money was a significant part, as well as purchased drugs.
– All participants in the operation later testify in court?
– Yes. Undercover investigator gives testimony in a mask. It falls under the witness protection program, is protected by law. If there is a need, the witnesses are covered by the program as well.
– In the specific case of Abramiha you personally seen on the records, that she sold tramadol?
– Yes, it is clearly visible. Recorded the transfer of money and getting drugs through the window in the door.
– Did you have the permission of the Appeals Court of Donetsk region to do an undercover investigation?
– Without permission from the court we have no right to these actions.
– Who do you believe where a major buyer of tramadol? And how it’s dangerous to your health?
– Main buyers are the youth aged 16 to 25 years. All drugs are dangerous. But it is no secret that the use of tramadol resulted many deaths in our city.
– How Tramadol transported to Mariupol?
– The channel has not been found yet. It is known that the manufacturer is Gorlovsky concern “Styrene”.
– The defendant was previously convicted. For what?
– We have made every effort to stop her activities in an organized criminal group in 2002. But in 2004 she received two years probation, although she continued her activities. In April 2010 she was again convicted and fined, but a month later there was information about more facts of the tramadol sales.
The protest under windows of the drug dealer Abramiha.
Last Wednesday, on the Independence Day of Ukraine the Children’s Rehabilitation Center “The Republic of Pilgrim” showed for civil protest. Convoy of cars with the words “Sick” and black flags, continuous signals, drove through the main streets of the city and rolled into the court house number 111 on Lenin Avenue. Here, on the opposite entrance of the home to the well-known in Mariupol drug dealer Kravchenko, nicknamed “Abramiha”they formed a large group of protesters. By 11 o’clock gathered several hundred people. Children of “Pilgrim” from ten years of age or older, were holding posters with photographs of many of their friends who died from drugs.
Before the action band played a funeral march, and the center’s director, Gennadiy Mokhnenko on the steps of her apartment complex addressed to the audience:
“In this doorway for twenty years, Abramiha was selling drugs that killed thousands of my fellow citizens. I very much hope that she will have enough madness to file an action against me for that statement, because I will defend her in any court. Thousands of our fellow citizens who bought drugs here – are dead. I personally buried dozens of them. Now there are quite a few people who managed to escape from addiction, and all they can confirm my words. Twenty years of lawless, shameless commerce, in twenty years, this yard is going on lawlessness.
I spoke with an employee Starokrymskiy cemetery, and he told me that every day just in this cemetery are buried up to five drug addicts. Multiply that by twenty years … I want to remind you that Kravchenko had already been arrested, and I did not conceal my joy, but then she was released on bail. When, finally, in May this year the court sentenced her to seven years in prison, I was sincerely glad that she finally somehow will be responsible for thousands of deaths. However, our court has shown unprecedented “humanity” and concern for her health, and last Friday she was released from custody in the courtroom.
Let me remind you that prisons are overcrowded drug addicts who are convicted for low dose possession and put into prison for many years. And I cannot understand why for twenty years we cannot punish those who sell drugs. We will continue our actions, and not only in relation to drug traffickers, but also the pharmacies that openly sell narcotic drugs …”
Several young people spoke before the crowd, who said they were drug addicts, and bought drugs from Kravchenko. The whole crowd was chanting in unison, “Sick,” “drug mafia – in court,” “killers of children – no,” “wicked judges – a disgrace!”, and more than two dozen police officers were there to insure peace.
On Tuesday, at the press conference the chief of police of Mariupol was questioned by correspondent of the “OL”, expressed his opinion on the release of Kravchenko from custody:
“When I learned of the decision of the Appeals Court – I was shocked. I have not seen the court decision documents yet, and I cannot judge whether there were sufficient grounds to release Kravchenko, and I cannot evaluate judges. But this decision casts doubt on the verdict of the court of the Zovtneviy region, by which Kravchenko had been sentenced to seven years in prison. This decision struck through hard work of police officers to document its criminal activities, the work of investigation and the district court.
My personal opinion, and the entire leadership of the Mariupol Investigative Agency MIA should sentence all drug dealers by only one measure of punishment – detention. And the other preventive measures cannot be enforced. Therefore, I have strongly negative attitudes to such decisions …”
And one more “juicy” news.
On Tuesday, the editors’ Priazovsky Worker “came … Irina Kravchenko:” I would like to speak with a reporter Bondarenko. “
-Please, I invite her – come in, what you want to say?
-Do not want to say anything, just came to see you …
-I am willing to listen to you, and publish all your arguments …
‘I would like to tell a lot, but I will not say anything. Let me just say that I was selling until 2008, and now – not.
-But what about the investigation of operational purchase of tramadol you had past year, with the video and in the presence of witnesses?
It’s all was set up by the police, it all planted, and I will not say anything more.
With that she left.
Alexander Bondarenko,
Sergei VOLOSHIN