Proofs of innocence of the father and son Pavlichenko

Sign a petition here!  http://tinyurl.com/freepavlichenko

This is a translation of the article "Proofs of innocence of the father and son Pavlichenko"

http://hvylya.org/analytics/politics/dokazatelstva-nevinovnosti-ottsa-i-syina-pavlichenko-dokumentyi.html
In Ukrainian: http://glavcom.ua/articles/9555.html

This is not a detective story. This happened today morning. On the way to Parliament (I wanted to visit one of the meetings of the opposition fractions), I got a call from one of the friends. He asked to immediately go to my computer and open email. I will not name this person for ethical reasons. He said that there is a very important information in my email that may help save lives of innocent people. It is about "Pavlichenko case". The only request this man made is to publish the information.

It is difficult to say why I was asked to do it. However, the materials were probably sent to other journalists and opposition members.

As the majority of Ukrainians, I know about this case, concocted by authorities and try to help innocent people. The notion "JUDICATURE AND JUSTICE" never existed for the members of the ruling regime.

I wondered for a long time whether it is fake and weighted all pros and cons. But after studying all the received materials I decided to publish it. It looks too much like truth. I can't deny or confirm the truthfulness of these documents, I have no right to. However, if this publication can help set justice, I will consider that publishing it was not in vain.

Of course, the court will put a period in this landmark case. But, everyone knows what are the Ukrainian "courts" in the times of the rule of Yanukovich's dictatorship. Judges and courts, that are nowadays absolutely subordinate to Bankova, are not trusted by the majority of people. It is proved by sociological researches.

So, this material is for the attention of journalists, experts, specialists, people and relevant authorities. I am sure that there is a considerable share of people in the law enforcement authorities who have not lost the concept of the officer's honor and professional consciousness.

I have no doubts regarding the non involvement of the father and the son of the Pavlichenko family into the murder of the Judge Zubkov. Let everyone study these materials and decide where the truth is, everyone has his own.

The letter (and photo documents) are without changes. Warning! Some photos contain violence.

Hello.

I can't name myself, rank and position for understandable reasons. In terms of these reasons I can't say how I am connected to the Pavlichenko case. I can only say that I have been working on this case (as hundreds of other employees) and studied its materials.

How it was concocted and out of what - can be told to you by any investigator, any prosecutor officer even with a little experience. If he is not afraid. Because when a case is concocted SO bluntly and SO imprudently, even a non tutored understands that it was approved on a very high level.

I can't stand to continue seeing this shame what is carried out on behalf of the Prosecutor Office in court. It is not only my opinion. There are enough honest people in the Prosecutor's Office (I know, how skeptically you may percept this statement, but please, believe it), who will never go for breaking other people's destinies with their signatures. However, there are other people too. There are also people who were put before the choice without choice. Who are given an offer they can not refuse. I share the below mentioned information on behalf of all employees of the Prosecutor Office who still have some consciousness left.

Below are some blunt mistakes of the case of the prosecution that can't stand any critics. Probably these are not the brightest nuances. But these are the ones I can confirm with the case documents, that can be explained simply without getting deep into details. 

1. The judge was found in a bit strange condition, at least for the one "who just came from work and was getting home". The investigators did not want to underline it, but they had to explain it somehow. At least partly.

Allegedly Sergei (18 year old son of Dmitry Pavlichenko, note of interpreter) took off the trousers and shoes of the judge and wore on himself (what a strong psyco the kid has!!). The logic here "is sadly smoking in the corner": this was allegedly done because Sergei had blood on his trousers (and the judge who was stabbed, shot and pulled allover the floor, probably had his trousers in order).

However, the investigators modestly keep quiet that the judge also did not have a coat and a jacket on him. It was March, he just came home, getting up to his apartment - according to the version of investigation. And he was found near the stairs in underwear, socks and almost taken off shirt. That's all. I am not sure anyone knows about it, as I have no doubt that the investigation is trying not to touch this subject at all, because even their fantastic version can not explain such appearance.

Pictures of the judge at the crime spot.

2. Let's talk about fingerprints. On 21 March, on the day of murder, in flagrant delict, on a wheelchair, 4 fingerprints were found. The Expertise No. 21D dated 24 March 2011 clearly shows it - it studied the wheelchair itself and found 4 fingerprints on it.

24 March 2011 Dmitry Pavlichenko was detained. The same day the decision on re-examination (second expertise) was issued (of course, now it is clear whom to knot to the case).

It is interesting to read the result of the re-examination No. 22D. In file d we read "4 fingerprints were given for the expertise". 

On the next page of the same report of the expert we read: Not the object itself (wheelchair) was given for the expertise, but… the tape (scotch) with prints. I will explain for non-specialists:  you can get fingerprints on the tape (scotch) wherever you want. Even in a cell. Even in the investigator's office.

On the top of the page is a clear question regarding 4 fingerprints - do they correspond to the fingerprints of Dmitry Pavlichenko? On the same page we read: in an envelop there are 5 fingerprints. The case was concocted so badly, that even within this one expertise we find such mismatches, not to mention the mismatches between different documents of the case.

3. "Sneakers in blood". According to the investigators, Sergi had his trousers in blood, this is why he wore trousers of the murdered judge. They were "not found", by the way. He also changed his sneakers according to the same version, changing them to the shoes of the judge and leaving his sneakers on the first floor. Why? Were they also in blood? Is it so critically noticeable on the black sneakers? Did the size fit? Very vague…

So, in flagrant delict sneakers of Sergi Pavlichenko were found, blood was found on them. This is according to investigators. Let's take a look.

Photo of the bloody trace of the criminal.

However, here are the sneakers, allegedly of Sergi, allegedly found almost in flagrant delict (on the first floor).

Do we notice enough blood on them? No. The bottom is different. Absolutely different bottom that left the bloody trace. See yourself, compare pictures. Investigation has known it for a very long time, but somehow it bypasses this sharp corner. The corresponding conclusion of the expertise.

4. This is not yet everything. The same trace, as in flagrant delict as found near the house at 12 Kovelska str. This is where a dog led, tracing from the flagrant delict. But according to the investigation there was absolutely different route - in the opposite side from the direction where the service dog led and where the trace, identical to the bloody trace in flagrant delict, was found.

What we have as a result of articles 3 and 4: the real killer was shown to by the bloody trace of the bottom of a shoe in flagrant delict, the same trace at the 12, Kovelska str., and the route of running away, shown by the service dog, where the second trace was found.

But we are shown the sneakers allegedly of Sergi Pavlichenko, and they do not notice the mismatch of the form of the bottom of the shoe of Sergi and the trace in the flagrant delict. Besides, the direction where the service dog showed is ignored, however in that direction another trace from the bottom from the flagrant delict was found.

5. Now, regarding the "irrefutable material evidence". So, the trousers story. The trousers allegedly of Sergi Pavlichenko, found on the first floor and allegedly proving his presence there.

Voluntary surrender of Sergi Pavlichenko, which he said he gave after having been beat up and threatened - "I was dressed in sport pants of grey colour". Investigators are not fools to dictate different, as the grey sport pants come from the description of witnesses and this finding was sent around in the evening.

In two hours afterr the voluntary surrender - interrogation. In it, to the question "What were you wearing that day?" Sergi says: "Sport pants, black sneakers, black jacket, sport pants of grey colour". Yes, he said twice about the sport pants. It happens when you learn something badly.

After interrogation there was reproduction. And during the reproduction Sergi Pavlichenko says "I took off the jeans". He does not wear grey sport pants, it is difficult for him to remember.

6. Did you know there was the third suspect? They wanted the third one too, as a lot of things did not match. As a result, the third one was not found, so the initial version was corrected a little bit, but its traces can be found in press-conferences of the police chiefs in the first days after the murder. It says that somebody was sitting in the wheelchair. And in the polished version for the court Dmitri Pavlichenko took empty into the front door. And there were three murder weapons. The third suspect was very required. However, now, according to investigation there is no third defined or non-defined person.

7. In flagrant delict there were fingerprints of the undefined person.

8. One more thing about the belongings of the judge thrown away: during the interrogation "I had a plastic bag and the father had a plastic bag" (which they later threw away in a trash can). During the reproduction "only I had a plastic bag".

9. Sergi says that the concierge held his sleeve and asked from which floor he is. The concierge confirms that she did it with the criminal, but she did not recognize Sergi Pavlichenko in the court.

10. Here is the reproduction of the events. Let us look in more attentively. I'd like to note that the reproduction takes place after the voluntary surrender and the following interrogation, at once after it. Sergi Pavlichenko, despite that he was already forced several times to repeat and write by hand the version of investigation, does not follow the track of his testimony, gets confused. The recording of the investigative experiment is regularly interrupted and stopped, apparently, for the gradual instructions given to Sergi (on what to say).

The investigator asks to show where were the legs and where was the head. Sergi "with the head towards the window, if i am not mistaken". On the photos it is seen that the judge was laying with his legs towards the window.

The investigator asks to show how the judge was carried by the suspects. Sergi: "under his arms and legs". The investigator asks: "who held arms and who held legs?" Sergi, who allegedly according to his memory just showed where his father hit the judge, how they were carrying the judge at the stairwell, who stood where with 10 cm precision, could not remember whether he held arms or legs.

This is a diamond of this collection. Tired investigator stops controlling himself for a moment. Asking from where the elder Pavlichenko got the gun, he gets a response from Sergi - "from his pants". The investigator angrily interrupts him, directly voicing the required answer "from out of his belt, not from his pants!"

P.S. The Court of Appeal postponed the case of appeal to the life sentence for Dmitri Pavlichenko and 13 years of imprisonment for his son, Sergi Pavlichenko to 6 Feb 2013. 

Pavlichenko case: thousands of people stand against the outrageous injustice

I heard about the Pavlichenko story several years ago when the family was thrown out of their home and I was shocked. What happened since then is even more shocking. So shocking, that it takes thousands of people to protest. 

Here is the story explained by the youngest in Pavlichenko's family. Please click CC for the subtitles in your language http://www.youtube.com/watch?v=8DzhGe9D4cs&feature=share

To sign a petition please visit https://petitions.whitehouse.gov/petition/free-wrongfully-convicted-pavlichenkos-life-imprisonment-and-extend-scope-magnitsky-bill-ukraine/T50jlRLp?utm_source=wh.gov&utm_medium=shorturl&utm_campaign=shorturl

Please read and spread the word. The article is taken from the official support website

 http://theyarenotkillers.com/main.php?lang=en

Kyiv, October 20, 2012, nice warm Saturday evening, luminous Olympiysky stadium. Crowds of kievites are rushing to it to see the Ukrainian Football Premier League’s match of the day – hosts Dynamo Kyiv play Kharkiv rivals Metalist.

Despite Dynamo has not performed really well during last few months, fans’ tribune is full. But atmosphere is more tense than usual, all are wearing mourning black. Strange, but nobody is shouting assaulting chants aimed at the visiting fans. The opponents also keep quiet, and it looks like a truce is concluded and something, much more important has united irreconcilable enemies. Hundreds of Dynamo fans are standing still and waiting for something.

Suddenly a huge banner comes down from the upper tier. The banner tells a sad story to all who is either at the stadium or watching the game on TV. When the banner is expanded, the fans’ stand lights red, a glow is seen even outside the stadium and dense smoke remains inside the bowl for several minutes until it dissolves. A second later a loud chant is shouted into the air: “Freedom to the honest! Free the Pavlychenkos!“ The chant is supported by visiting fans and some spectators from the central tribunes.

This action concludes 18-month long campaign of Dynamo fans seeking justice in respect of their mate. The campaign is supported by all football fans in the country. Nothing even close to this magnitude has ever happened in the modern Ukraine history.

But who are the Pavlychenkos and why Ukrainian football fans campaign for them so eagerly? Why thousands people from all over Ukraine take part in such widescale protest action?

PROLOGUE

49-year old Dmytro Pavlychenko had been living with his wife and two sons in an apartment located in an old building not far from Kyiv city cente. In 1996 Dmytro received a permission from the authorities and has built an extension to their ground floor apartment. Pavlychenko family have lived in their extended apartment since then and had no clue what misfortune is awaiting them.

At the beginning of the 21st century the Dutch company Gooioord B.V. was buying up all the apartments in the building. Probably, their idea was to demolish the old building and erect a modern business center on its place. Dmytro, who inherited the apartment long time ago from his relatives, refused to sell it as he did not consider the deal fair. Since then he started receiving threats over the phone from anonimous persons. He also got several civil complaints alleging him that the apartment extension was built without proper permission. 

Dmytro had defended his right to keep the extension and it seemed that he was about to win in the court. However, in 2010 the magistrate of the Shevchenkivsky district court Mr Sergiy Zubkov ordered to demolish the extension and moreover, Pavlychenko family to move out of the apartment! The decision was taken in Dmytro’s absence, he even had not received a notice to appear in the court! Following the decision, bailiffs and police entered the apartment on New Year’s eve, and forced Dmytro and his family to move out, literally to the street. At the same time they seized the family possessions, loaded them into several vans and set off in the unknown direction. 

Dmytro appealed to the police numerous times since then, but was unofficially told that his applications are to be turned down according to the instruction “from above”. Nevertheless, Dmytro decided to fight and called a press-conference where he appealed to the President of Ukraine to return his property and make the corrupted officials accountable.

However, all his attempts in the 2-month long court battle to revert he decision failed. But Dmytro was determined to fight using all possible legitimate means. Noone suspected the story would take another, quite unexpected turn. 

Dmytro Pavlychenko reads a message to the President of Ukraine at the press conference:

MURDER OF THE MAGISTRATE

Sergiy Zubkov, the magistrate of the Shevchekivsky district court, the man who took a decision to expropriate Pavlychenko’s property was found dead in the communal area of his apartment block in March 2011. He was brutally murdered by two killers: one attacked Mr Zubkov with cold arms in an elevator, another was waiting for him with a gun on the floor where his apartment was located. Mr Zubkov was stabbed numerous times and was shot into the chest four times. The killers were seen from close distance by several people – the concierge, the lift operator and a neighbor, who attempted to block them, but they managed to escape.

Two days after Dmytro Pavlychenko and his son Sergiy were arrested on suspicion of Mr Zubkov murder. Three month after police raided into Mr Pavlychenko apartment again, but this time they knocked down a door and broke windows of another apartment which Pavlychenko family rented. Police has arrested Dmytro and Sergiy Pavlychenko and detained them in Lukyanivka isolation ward. Few days later the prosecutor’s office and top police officials called a press-conference and announced the murder case closed and two killers, allegedly Dmytro and Sergiy Pavlyuchenko, were found and arrested.

Police investigation actually elaborated just one version – Pavlychenko’s vengeance to Mr Zubkov for the court ruling announced three month ago in regards of expropriation of Mr Pavlychenko property. Nevertheless, the case had many inconsistencies and ambiguities – the witnesses have not identified the father and the son as the killers who they have seen, no material evidences were found at the murder scene, weapons used to commit the murder were never found. There were several indirect evidences, though. But they looked quite odd. For example, at the murder scene police has found Sergiy’s sweatpants and sneakers which he allegedly removed from himself while wrestled with Mr Zubkov. Also police has opened Dmytro’s car without his permission and with absence of any witnesses and “found” there some items “similar” to the bullets found in the magistrate’s body.

The murdered magistrate Mr Zubkov

The key witness – a lift operator – who wrestled with one of the killers before they escaped, admitted that the investigator forced him to identify Dmytro Pavlychenko as a killer. And Dmytro himself explained that police tried to persuade him to admit the murder.

Dmytro says: “I was escorted from one room to another, no witness had ever identified me. Then a top police official proposed a deal - if I admit the murder, they would leave my family alone. In this case I would be sentenced to 10 years and released on parole after 5 years. If I refuse, they sentence me for life, my wife and elder son will be declared accomplices and sentenced as well , and my younger son will be placed in an orphanage. Sure, I had refused this “offer” as I am not guilty and all I did was to attempt to solve all my problems using lawful methods”.

In autumn 2012, eighteen month after Mr Zubkov was murdered, the court found Dmytro and Sergiy Pavlychenko guilty of murder. Dmytro Pavlychenko was sentenced for life and his son Sergiy got 13 years imprisonment. Sergiy’s mother who was left with her juvenile son, was ordered to pay compensation for the damage done in amount of 500 000 UAH (47 600 EURO) 

Most probably, the Pavlychenko case could be left unnoticed by the general public, as many similar cases. Few people would question the verdict as it seems that Dmytro had a clear motive (remember, he did not agree with Mr.Zubkov ruling and called a press-conference to appeal to the President just before the magistrate’s death). At the same time tens of thousands of innocent Ukrainians who have not even had motives are suffering in prisons thanks to Themis servants and most such cases do not get the media attention. But the football fans have made the Pavlychenko case well know to the public. 

TVI broadcast dedicated to the Pavlychenko case:

One might ask a question – why this particular case resulted in such actions?

The reason for that is quite obvious – Dmytro’s son Sergiy Pavlychenko is a longtime supporter of Dynamo Kyiv and he was frequent at the ultras stand. After the fans found out what was happening, they organized unprecedented campaign to defend their mate and his father.

DYNAMO KYIV ULTRAS PROTEST

ФDynamo fans have had supported the Pavlychenkos shortly after they found out about their detention. The more they learned about this case, the more they were outraged because it was clear that the investigation was conducted with numerous violations. They began to shout chants at stadiums during football games and to support it with respective texts on banners. They have created a group “Free the Pavlychenkos!” in a social network vk.com, а and a established a dedicated website which supports Ukrainian, Russian and English languages: theyarenotkillers.com The first ultras march to support the Pavlychenkos was conducted in June 2011.

How it is all started…. The march to support the Pavlychenkos in June 2011:

Dozens of Dynamo fans were present at every court hearing. They gave moral support to their mate and his father as well as material one to Sergiy’s mother who was left alone with her younger son. Gradually the fans protest spread out among the other clubs supporters in Ukraine and beyond. Fans from Lviv, Dnipropetrovsk, Kharkiv, Donetsk, Odesa, Chernivtsi, Sumy, Armyansk, Mykolayiv, Chernihiv, Lutsk, Symferopil and other large and smaller Ukrainian cities have joined the action. Even Dynamo everlasting rivals – Spartak Moscow fans displayed a banner with words “Free Pavlychenko!” on it during the Russian Premier League game. The action was supported in the opposite corner of Europe – in Portugal where fans of F.C. Porto who played Dynamo Kyiv in a Champions League game displayed the similar banner written in English.

Photogallery: Ultras protest in Ukraine

One can guess that fans advocate Pavlychenko just because he is one of them. But it is not that simple. The goal of the protest is to highlight the fact that the investigation was conducted with numerous violations, in fact it was forged. Two men who were not dentified by the witnesses, who have not had a piece of evidence against them, were jailed illegitimately. Moreover, they were tortured and threatened during investigation. Ultras protest is not just to get their mate from jail, they want to highlight that nobody was interested to establish the truth in this resonant case.

Dynamo fans are sure that Sergiy and his father were set up and the real killers are still walking the ground. It is well known that Mr Zubkov conducted other cases related to the lawfulness of several real estate developments in Kyiv. It is also well known that shortly before his death Mr Zubkov took some decisions not in favor of some major real estate developers. It is quite possible that somebody else had good reasons to cut the judge’s life and the Pavlychenkos “apartment case” turned up just in time for them.

Dmytro Pavlychenko always declared that he would fight using only lawful methods and after he made the case public, he had no reason to kill Sergiy Zubkov at all, even considering his arguable court ruling. Dmytro, who was actively campaigning in the press would became the primary suspect in this case. Fans do not believe that Dmytro could do this and moreover, to engage his underage son thus breaking his life.

It should be noted that the campaign “Freedom to the Pavlychenkos!” is not a political one. It is not sponsored by any political party. All the actions were executed by volunteers, all the materials were purchased at the fans’ expense.

EPILOGUE

Different people take football fans differently. Some criticize them for making too much noise at the stadium and because of this “true” spectators cannot fully enjoy the game. Some do not like them for using fireworks and smoke bombs and they fear that a firework can burn a concrete stadium to the ground. Some are simply afraid of them because they assume all fans are hooligans and are dreaming of beating somebody up. But the latest events proved that no one can deny the fact that fans are truly united and are strong in mind.

Such graffiti can be seen all over Kyiv now

One should not idealize fans just because of this solidarity action. Passionate youth are not a very good example for others, especially children. However, in this particular case whole Ukrainian society should learn from them how to be persistent in their fight for the truth.

Unfortunately, this story has a sad end: life sentence for Dmytro Pavlychenko and 13 years imprisonment for his son Sergiy. But ultras do not surrender – an appeal will be lodged to revert the court decision and the tribune actions will be continued. We will hear Pavlychenko name shouted by fans at many stadiums and will read it again and again on their banners. The chances of the Pavlychenkos to be released from prizon are slim, but Dynamo fans will not give up. 

I suggest to watch a 5-minute video to see a moment when the verdict was read out to Pavlychenkos and then how Dynamo fans saw their mate and his father off from the court. Probably, no one had received such sincere and at the same time sad support, not even some famous Ukrainian politicians who are also in prison now…

Tymofejuk Andriy, bigmir.net



Protest in Kiev on 25 November 2012: Thousands of people chant "Free Pavlichenko"

Watch this video to see the scale of the protest:
 http://www.youtube.com/watch?feature=player_embedded&v=qUoH4VpHODQ