The story of a wheelchair user convicted of robbery caused a public outcry.

The Moscow prosecutor's office will check the validity of the sentence for wheelchair user Anton Mamaev, convicted of robbery. At the end of June, a man who, due to serious illness, cannot even move or eat without assistance, was found guilty of armed assault and theft of a scooter and sentenced to 4.5 years in prison. Until now, Mamaev was in a pre-trial detention center, but on July 11 he was transferred to a city hospital.

20th city hospital Moscow: 4 FSIN officers armed with pistols are escorting a “dangerous convict,” an immobile group I disabled person, Anton Mamaev. Doctors advise how to transport a new patient. It can be seen that the FSIN officers are forced to hold Anton’s head - the man’s entire body has atrophied, he has been in a wheelchair since childhood. But Timiryazevsky of Moscow sentenced him to 4.5 years for robbery.

ON TOPIC:

The Moscow court explained why a disabled person received a real sentence for robbery

The Timiryazevsky Court of Moscow commented on the verdict of wheelchair user Anton Mamaev, who received four and a half years in prison for robbery. As court press secretary Maria Prokhorycheva explained to RIA Novosti, the disabled man was sentenced to a real, not suspended sentence, because the article of the Criminal Code under which he was accused does not allow the imposition of a punishment that does not involve imprisonment.

According to her, the sanction of Part 2 of Article 162 of the Criminal Code (“Robbery committed by a group of persons”) has no alternative, but the question of whether a sick person can be released from a colony should be decided not by the court, but Federal service execution of punishments.

On June 30, the Timiryazevsky court found the disabled man guilty of organizing a robbery, and the man who helped Mamaev move in a wheelchair as an accomplice to the crime (he was sentenced to three years in prison). At the same time, the court stated that Mamaev’s guilt was proven by the testimony of victims and witnesses, video recordings from surveillance cameras and other data collected during the investigation.

The disabled man was arrested in the courtroom and sent to the Matrosskaya Tishina pre-trial detention center. He is currently in hospital undergoing a medical examination, which will determine whether he can be kept in a pre-trial detention center.

As the media reported, Mamaev is a disabled person of the first group. He suffers from spinal muscle atrophy and practically cannot move, his weight does not exceed 20 kilograms. A criminal case was opened against Mamaev last fall, after he purchased a motor scooter from friends. The media wrote that the disabled man wanted to make money on resale, but the sellers contacted the police with a report of robbery, and Mamaev and his assistant were accused of assault with intent to steal.

The head of the Presidential Council for Human Rights, Mikhail Fedotov, has already asked the prosecutor's office to check whether the criminal case was legally initiated. The supervisory authority said it would study the court's decision in detail.

Another member of the Human Rights Council, Andrei Babushkin, who heads the commission for assistance to the Public Monitoring Committee and the reform of the penitentiary system, believes that it is impossible to keep Mamaev in a pre-trial detention center, because it will become torture for a disabled person. At the same time, he noted that human rights activists often come across similar stories when seriously ill people are kept in custody. According to Babushkin, the problem is not in the rules of law, but in the moral level of judges and investigators.

The Commissioner for Human Rights in Russia, Tatyana Moskalkova, for her part, said that she was doing everything in her power to help Mamaev. The Presidential Council for Human Rights called for the release of Mamaev as soon as possible due to his illness.

So he has congenital disease, his muscles are completely atrophied, he cannot even move his fingers, and he also forcibly took away a scooter from two people, one of whom served in the special forces. What is your verdict, your honor?
-Guilty!
This is how the trial of Anton Mamaev took place, who was accused of armed robbery and given a real sentence. According to doctors, it is out of the question for him to live in prison conditions for even a month. But the judge of the Timiryazevsky court of Moscow, Sergei Galkin, sentenced him to... 4.5 years.
How did this happen?
Due to problems with moving and his legs actually not working, Anton had an assistant (who ultimately turned out to be an accomplice in the opinion of the investigation and received 3 years) - he put him in a stroller, drove him everywhere, etc. A criminal case under Article 162 of the Criminal Code (robbery) was opened against Anton last fall. Briefly the essence of the matter. Friends offered Mamaev to buy a scooter from them inexpensively. It’s clear that the disabled person himself had no use for it, but Anton decided to resell it to make some money. The deal was completed as expected, according to the contract. Mamaev gave about 160 thousand rubles, and the sellers gave it to the accompanying Vasily vehicle. After which the parties separated. And soon the police showed up at the Mamaevs’ home - acquaintances who sold the scooter wrote a statement about the robbery. Anton and his assistant were accused of assault with intent to steal, and even with the threat of violence!
That is, theoretically, it could be assumed that Anton planned this robbery and actually made threats via SMS/Internet, since his head works quite well, and his accomplice eventually carried out the whole thing. I really doubt this very much, although in the court verdict it is written in black and white that it was Anton who “threatened to shoot his leg, stuff him into the trunk of a car and take him to the forest,” and also “promised to cripple, cut off his ears, gouge out his eyes and shoot." I would like to see how he will do it..... especially considering that one of those whose “will was suppressed”, according to the court, served in the special forces....
Anton himself said that he soon heard rumors that this statement about theft and threats was born out of the victims’ long-standing hostility towards him. They often borrowed from him before the ill-fated deal, and did not pay back.
In general, an extremely muddy story...
Anton experiences hellish pain at night because the prison hospital cannot perform all the procedures that are provided for individual program rehabilitation. One day, a cellmate was taken to trial, and Mamaev spent more than a day in prison. sitting position. Imagine what it's like...
Here he is, threatening two grown men with violence....

There are very few special ITKs for people with disabilities. One of these colonies operates in Ukraine, in the Dnepropetrovsk region. There are prisons for the disabled in Japan. As for Russia, there is another practice: re-equipping individual cells to suit the needs of people with disabilities. Not every city and not every government agency, so it is not difficult to imagine the conditions in which Russian disabled prisoners find themselves.

A prison is a correctional facility for the most dangerous prisoners. Persons sentenced to 5 or more years for especially serious crimes, as well as repeat offenders and convicts who regularly violate the rules in colonies are imprisoned. There are two types of prison regime: general and strict. Laws prohibit keeping on strict regime disabled people of groups 1 and 2.

Problems need to be solved

Member of the Public Chamber Russian Federation Maria Kannabikh argues that the quality of life of disabled prisoners in Russian colonies depends entirely on their compassion. Such basic actions as going to the canteen or toilet turn into a huge problem, since there are no ramps, lifts, or other specialized devices in the colonies.

According to Kannabih, public review commissions in lately began to convert special attention on the problems of disabled prisoners. It's about not only about wheelchair users, but also about the hearing impaired, visually impaired, and those suffering from diseases internal organs people.

In addition to the arrangement of colonies, there is another problem: insufficiency medical staff. Medical workers they simply don’t want to work in “remote places” due to difficult conditions and low wages. From a purely human point of view, they can be understood. Who wants to go to the ends of the earth for a dubious company and a small salary?

New laws

The Ministry of Justice has adopted a package of laws providing for improved conditions for serving sentences for people with disabilities. According to these laws, disabled people must be provided with the services of a sign language interpreter during their first interview in a colony. All people with disabilities have the right to receive counseling that reduces social tension.

In addition, it is expected that the administration of the colonies will be obliged to organize jobs for people with disabilities and create conditions for them vocational training. The working week for disabled people of groups 1 and 2 will be reduced to 35 hours while maintaining full pay working week. It is envisaged that after serving a sentence, a disabled person will be accompanied to his place of residence by one of his relatives, and in the absence of relatives, by a colony employee.

22.07.2017, 12:04

Paralyzed and disabled Anton Mamaev, who was convicted of robbery and spent almost three weeks in a pre-trial detention center, gave his first interview to RT after his release. Mamaev, who was finally released from custody due to illness, told how he lived before the trial, why he became involved in a criminal case, and also about how the pre-trial detention center employees and prisoners went on excursions to him.

On August 3, the Moscow City Court will consider an appeal against the verdict of Anton Mamaev, who was found guilty of robbery. Lawyers intend to achieve a full acquittal of the 28-year-old man, whom the media has already dubbed the second Stephen Hawking. At Mamaev's hereditary disease- spinal muscular atrophy. He weighs about 18 kg and is almost completely paralyzed.

According to investigators, Mamaev, together with two unidentified accomplices, as well as 27-year-old Vasily Seroshtanov, who helped him move in a wheelchair, took away a moped from 38-year-old Dmitry Malov at gunpoint. As a result, Malov and his friend, who was nearby at the time of the conversation with Mamaev, were recognized by the court as victims.

After the verdict was announced, Mamaev was taken into custody in the courtroom and sent to a pre-trial detention center. The verdict caused widespread public outcry. Medical examination showed that Mamaev cannot be kept in custody. Human rights activists and Human Rights Commissioner Tatyana Moskalkova asked for Mamaev’s release.

On July 19, the Timiryazevsky District Court of Moscow considered the request of the Federal Penitentiary Service of Russia to change the preventive measure for Anton Mamaev and released him on his own recognizance.

In an interview with RT, Mamaev told how he lived before the trial, why he became involved in a criminal case, and how the pre-trial detention center employees and prisoners went on excursions to him.

"It seemed funny"

Let's clarify some of the circumstances that ultimately brought you to the dock, and then to the pre-trial detention center. Who are these young people - the victims who filed a police report against you? How did you meet them?

I met them by chance. A friend of mine worked with them at a car service center, and I visited him there.

The media wrote that the victim young people - Malov and Popkov - borrowed money from you and did not return it. That's why you decided to take away their moped to settle the debt...

They never borrowed money from me. But on one of my visits to the garages they began to complain that there was no work, no money either, but they had to feed their families. So, they say, there is a moped, and they are ready to sell it right now at a discount. I then looked on the Internet, figured that I could earn forty thousand from this, and went to the meeting.

- When did the meeting take place, and what happened at it?

It was September 3rd. The investigator has a recording of this meeting. I asked them for a scooter, showed it to the mechanic, took a photo and posted an ad on the Internet. A few days later I already had a buyer, and I went and completed the deal - everything was completely legal. But in the end, the purchase and sale agreement, which precisely confirms the legality of the transaction, was turned against me, using it as evidence of involvement in a crime.

The idea of reselling a moped seems a little strange, given that you have been involved in a larger business for a long time.

There is nothing strange about this. I don't earn millions. There is a desire and ability to earn money. At the same time, I am an adult man, I have to dress and feed my daughter and provide for my wife. And when you get a chance, without doing almost anything, to earn some money - the same 40-50 thousand, then why refuse? Besides, I was not looking for this deal - the initiative was not mine.

And at that first meeting, the recording of which appeared online, who did you come with? Besides your assistant Vasily Seroshtanov, who was also convicted and is now in jail, who else was there?

Another friend Ilya was with us.

The police stated that, according to the testimony of the victims, they were looking for “two more persons of Caucasian nationality” as part of the criminal case of robbery.

It was just the three of us. Moreover, I gave the investigator Ilya’s contacts, but, as far as I understand, he was not even called in for questioning. There were several people in the garage with the victims. They themselves talked about this during interrogation. They were with friends and several familiar workers from a construction site nearby. But, as far as I understand, these people were also not interrogated by either the investigator or the court.

- But there must be a reason why strangers wrote a statement against you?

I thought about it, but I never fully understood it. Maybe they just wanted to deceive me, intimidate me with a complaint to the police. Perhaps because of greed, they found out how much I wanted to resell the moped for.

- And how did you react to the call from the police?

At first it seemed just funny to me. I didn't expect things to turn out this way.

Returning home

- Did you know that you could be released from the pre-trial detention center?

When I was given four and a half years, arrested and taken to a pre-trial detention center, I understood that my life and family, whom I might never see again, had been taken from me. I understood that I couldn’t last there for long. I was sure that a slow and painful death awaited me in prison. Only three days later did human rights activists explain to me that because of my illness I should not have been sent into custody. This gave me hope that I would get out.

- How did the pre-trial detention center staff and other prisoners react to your appearance in prison?

Of course, everyone there was very interested in how I could end up behind bars.

The employees came as if on a tour, to look at me, to find out why I was imprisoned, how I got here. Both they and the cellmates were perplexed - everyone was interested.

But I couldn’t answer them - and I don’t understand it myself.

- How were you greeted at home?

Very emotional, with tears. Even the child cried, although the daughter was only three years old. She asked every day where dad was. They told her that I was in the hospital.

Anton Mamaev with his wife and daughter vk.com © Alexandra Buzdykhanova

Immediately after your release, you announced that you were going to legalize relations with common-law wife. Have you submitted applications to the registry office?

Yes, I said that the first thing I want to do is correct this gap and register our marriage with Alexandra. But I lost a lot of health and strength in the pre-trial detention center, so in the first two days I was just recovering, and we didn’t get to the registry office yet.

- Why didn’t you sign earlier, especially since your child is already three years old?

I also wanted to earn more money so that the wedding would be beautiful. And they were simply postponed due to various problems.

- How did you meet Alexandra?

Five years ago I ran a nightclub. On the establishment’s social network page, I communicated with clients - my approach is this: I always want to know what people think, what they don’t like. Sasha wrote and asked some question about the event. I answered. I don’t know why, but the next day I decided to text her just to see how she was doing. So communication began and meetings began. But I seriously doubted that it would last long.

To be honest, I have always had plenty of attention from women. But the relationship lasted for two or three weeks, and then the girls began to irritate me.

And then I realized that I fell in love. Eight months later we already rented an apartment and began to live together.

Do you encounter misunderstanding and bewilderment from others: a beautiful young girl has connected her life with a guy confined to a wheelchair?

There were people who told Sasha that she didn’t need it. At the same time, Alexandra’s friends had healthy young people who still could not give her what I gave. That’s why they were even jealous later and tried to destroy our relationship. But we always dealt with it.

“Sometimes I don’t sleep for a day and a half because of work”

- Now, as I understand, you have many friends and business partners. Have you always gotten along with people easily?

I was home-schooled and almost never left the house until I was 15. Going out for a walk once every two months was a blessing. I didn’t have friends who wanted to pick me up or go for a walk together. Because of this, he suffered greatly because he could not live within four walls. And at some point this suffering turned into an incredible force to turn life around. Then, quite by chance, I met two guys, my peers. We became friends like we were siblings. And my life changed dramatically. I could leave the house at any time. Later, new acquaintances and new friends appeared. I went to college with one of them, and he helped me attend lectures.

- Vasily Seroshtanov, who received three years in prison, was your friend or just worked for you?

We have been friends with him for a very long time. And it so happened that in the end he became my assistant, I paid him a salary. Vasily helped me with everything, took me to work. He wouldn’t hurt a fly, he’s such a good-natured, gentle person. We are very worried about him. People like him don't end up in prison at all.

You managed a nightclub, now a beach area, where parties also take place. Are you consciously pursuing entertainment-related projects?

Yes, that's exactly what I like. I started running the club by accident, but then I got involved. And people like it - they come up and thank me. It is a great pleasure to make sure that people can have a good rest.

- Does your father help with the business, because he is also an entrepreneur?

He helped, of course. But my first business, which was related to cargo transportation, did not require any special investments. But there was no profit at all for the first few months. But my friends and I didn’t give up, we worked hard, and eventually we started making money. I felt how great it was to earn money myself, and now I can’t do it any other way. Alexandra and I also decided to do charity work - to help children who were left without parents. We want to make sure that children at least smile, so that they feel love and care, which, of course, they do not receive enough.

- Do you have enough time for everything?

Differently. Sometimes because of work I don’t sleep for a day and a half, and sometimes I only spend an hour a day to resolve some issue.

28-year-old Muscovite Anton Mamaev, a wheelchair user convicted of robbery, was released from custody today. This decision was made by the Timiryazevsky Court of Moscow, RIA Novosti reports. The preventive measure was changed to a written undertaking not to leave the place, lawyer Andrei Orlov told reporters. According to him, Mamaev should be released from the Matrosskaya Tishina detention center within a few hours.

By medical indicators he is released from serving his sentence, even if the court finds him guilty, it cannot take him into custody again,” said Ivan Melnikov, a member of the Moscow Public Monitoring Commission.

Mamaev suffers from spinal muscular atrophy, cannot walk and is unable to care for himself. . As it became known, last fall a criminal case was opened against Mamaev under Article 162 of the Criminal Code (robbery). Acquaintances offered the accused to buy a scooter from them inexpensively. Anton decided to resell it to make some money. The deal was concluded by agreement. Mamaev gave about 160 thousand rubles, and the sellers gave the vehicle to the young man accompanying him. After which the parties separated. However, soon the acquaintances who sold the scooter filed a police report about the robbery. Investigators accused Anton and Vasily (the accompanying person) of assault with intent to steal, as well as the threat of violence.

According to media reports, the injured party stated at the trial that Mamaev “promised to cripple them, cut off their ears, gouge out their eyes and shoot them.” The victims in the case are two adult men, one of whom served in the special forces. Mamaev, who accompanied the deal young man Vasily, who is his assistant (puts him in the stroller, carries him, etc.), was recognized as an accomplice.

On June 30, the court found the man guilty under Part 2 of Article 162 of the Criminal Code of the Russian Federation (“Robbery committed by a group of persons by prior conspiracy”), sentencing him to 4.5 years in prison. After this, the convict was sent to a pre-trial detention center. The guards literally brought him there in their arms, because he weighs like a child, about 18 kg.

According to court representatives, Mamaev’s diagnosis is not included in the list of diseases that exempt him from a real prison term. A week later, the man was transferred to the hospital for examination. In particular, Tatyana Moskalkova, Commissioner for Human Rights in Russia, petitioned for the release of Mamaev from further serving his sentence due to a serious illness.

ifvremya.ru

The verdict also sparked a discussion about the need to keep a seriously ill person in a colony, for whom it becomes real torture. The State Duma proposed including Mamaev’s illness in the list that serves as the basis for release.

He didn’t believe in liberation, he was very happy, you will see how he changed,” notes Eva Merkacheva, a member of the Moscow Public Monitoring Commission. After his release from the pre-trial detention center, Mamaev’s first plan is to get married, Merkacheva said.

It is known that the young man has a girlfriend and a little daughter.

mk.ru

According to media reports, Mamaev left the pre-trial detention center and returned home.

Mamaev himself told reporters that he felt happy.

I feel the way people feel when you are killed and then resurrected. I feel happy because I am returning to my family,” he said.

According to Mamaev, he is going to get himself in order and regain his strength.