To: S. V. Kudeneyev
Prosecutor of the city of Moscow
From: M. S. Dolomanov
Attorney, Dolomanov & Partners
Registry Number 77/922
COMPLAINT
When I was received at the Russian General Prosecutor’s Office on 12 March 2012, I handed over to the host party a statement dated 11 March 2012 by Andrei F. Borodin addressed to the General Prosecutor of the Russian Federation to be considered on its merits. The statement contained facts pointing to misapplication of budget funds and numerous legal violations during the so-called “financial restructuring” of the Bank of Moscow.
On 16 March 2012 Mr Borodin’s statement was groundlessly forwarded by the Russian General Prosecutor’s Office to the Investigations Department of the Russian Interior Ministry to check the arguments in the course of the investigation of Criminal Case No. 89816. I have lodged a complaint against that action. Because my complaint was granted, Mr Borodin’s statement was forwarded to the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate to organize a check under Articles 144-145 of the Code of Criminal Procedure of the Russian Federation.
Given the fact that as of 9 June 2012 no check of the facts contained in Mr Borodin’s statement of 11 March 2012 had been initiated, I had to bring another complaint addressed to the General Prosecutor of the Russian Federation.
After that, I received a letter from Deputy Chief A. Y. Ilyin of the Economic Security and Corruption Control Directorate dated 16 July 2012 saying that Mr Borodin statement of 11 March 2012 had been considered and no legal violations were found.
I am dwelling in so much detail on the above circumstances because no due check of the facts of legal violations and damaged state and public interests contained in Mr Borodin’s statement of 11 March 2012 has been conducted to this day, during more than six months.
I am also informing you that I have not been provided with a copy of the decision on refusal to bring up a criminal case based on Mr Borodin’s statement of 11 March 2012. Thus, no decision was enclosed with the mentioned letter from Deputy Chief Ilyin dated 16 July 2012 and addressed to me. The Economic Security and Corruption Control Directorate has addressed to me no other correspondence.
The Directorate’s failure to provide a petitioner with a decision on refusal to bring up a criminal case is a violation of the requirement of Part 4 of Article 148 of the Code of Criminal Procedure of the Russian Federation and violates the rights of the petitioner, including his right to appeal against the decision under Articles 123-125 of the Code of Criminal Procedure of the Russian Federation.
Moreover, it does not follow from the letter by Deputy Chief Ilyin of 16 July 2012 that a check has been conducted on the statement by Mr Borodin of 11 March 2012 in the procedure stipulated by Articles 144-145 of the Code of Criminal Procedure of the Russian Federation.
Given the above, I view any decision on refusal to bring up a criminal case (if one has been made based on the statement by Mr Borodin of 11 March 2012) as being unlawful and one that must be cancelled. The facts contained in the statement in question have not received a due verification in compliance with articles 144-145 of the Code of Criminal Procedure of the Russian Federation, nor have they been given a legal assessment.
Given the facts, in accordance with Articles 140-148 and 213-214 of the Code of Criminal Procedure of the Russian Federation,
I REQUEST:
1. Conduct a verification of the lawfulness of the actions of the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate in checking Mr Borodin’s statement of 11 March 2012.
2. Take measures to remedy the committed violation of the requirements of Part 4 of Article 148 of the Code of Criminal Procedure of the Russian Federation and make it mandatory for the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate to provide the petitioner with a copy of the decision made as a result of the check.
3. Annul the decision on refusal to bring up a criminal case based on Mr Borodin’s statement of 11 March 2012 (if one is made) as being unlawful and groundless and order an additional verification of the statement.
4. If the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate has conducted no verification based on Mr Borodin’s statement of 11 March 2012 under Articles 144-145 of the Code of Criminal Procedure of the Russian Federation, take measures for one to be conducted.
5. Inform the author of this complaint in the established time frame.
Enclosures: Copies of statements, complaints and responses to those and a copy of the letter from the Russian Interior Ministry Main Administration for Moscow Economic Security and Corruption Control Directorate of 16 July 2012, File No. 4/5/17406 – on 13 pages.
Respectfully,
// signed //
M. S. Dolomanov
Attorney
26 September 2012