A criminal case was not initiated on the fact of the death of Alexander Taraikovsky. According to the investigation, the security forces acted in accordance with the law and used non-lethal weapons. The family tried to have access to case files and appealed against a denial, but were again denied.
The moment lawyer Alvina Mingazova received a notification about the refusal to initiate a criminal case, she tried to get a copy of the decision to refuse to initiate a criminal case and to get acquainted with the documents in the case on the check into the death of Alexander Taraikovsky. But her request was refused. It was signed by Deputy Head of the Directorate of the Investigative Committee department for Minsk Andrey Motolko.
The Investigative Committee explained its refusal by the fact that “according to Part 2 of Art. 178 of the Code of Criminal Procedure, the applicant and the person in respect of whom the decision to refuse to initiate a criminal case has been made have the right to get acquainted themselves with the case files of the check”.
A criminal case was opened following the reported death of an official from the City Ambulance Station. Thus, the Investigative Committee believes that either this official or late Taraikovsky himself can get acquainted with the case files, while his father and family lawyer don’t have such a right. In order to appeal the refusal to initiate a criminal case, the family and its representative will first have to appeal the refusal to familiarize themselves with the case files of the check.
“We will appeal, because a person died. A criminal case was refused, but neither the father of Alexander Taraikovsky, nor I, as his representative, can get acquainted with the materials of the check. Writing a complaint against a decision to refuse to initiate a criminal case without reviewing the documents is to work with blinders on. We will appeal to senior management and then see how it goes,” said lawyer Alvina Mingazova.
Alexander Taraikovsky’s death
Recall that on 19 February, the then head of the Investigative Committee, Ivan Noskevich, said that they would not initiate a criminal case into the death of Alexander Taraikovsky. According to the investigation, the security forces acted in accordance with the law and used non-lethal weapons. According to the investigation, Alexander Taraikovsky was in a state of severe intoxication. He separated from the crowd of protesters and, “despite numerous warnings from law enforcement officials, headed in their direction.”
“By his actions, Taraikovsky provoked law enforcement officers, they did not know his true motives and purpose of his actions, and taking into account intelligence data about possible terrorist attacks, the protesters having explosives and weapons, they saw him as a real threat to the life and health of both the employees and the protesters.
In this regard, law enforcement officers acted exclusively within the framework of their instructions and used non-lethal weapons against Taraikovsky, their actions were not aimed at killing, but at his physical stop, from a safe distance, excluding death. Due to a number of tragic circumstances, one of the injuries was penetrating, as a result of which Taraikovsky’s death occurred on the spot,”
Noskevich stressed that law enforcement officers acted in accordance with the law: “In these conditions and in a similar situation, they had the right to use non-lethal weapons to prevent more serious consequences, which is in accordance with the current legislation.”
On 10 August, Alexander Taraikovsky was killed near the Pushkinskaya metro station. The last minutes of his life were captured on video, which refuted the initial version of the Ministry of Internal Affairs.
It read: “On 10 August, at about 11 pm, a crowd was building barricades to block the traffic during the riots in Minsk on Pritytskogo Street. During the confrontation with security forces, who arrived to clear the area, one of the protesters tried to throw an unidentified explosive device towards the law enforcement officers. It exploded in his hand, the man received injuries incompatible with life.”
The footage shows: Taraikovsky has nothing in his hands, and he falls to the ground after being shot in the chest. The official version of the Ministry of Internal Affairs was almost immediately refuted by numerous eyewitnesses.
In January, the BYPOL initiative published an audio recording in which a voice that sounds like Deputy Interior Minister Nikolai Karpenkov says that the head of state “covered [security forces] from all sides in terms of the use of firearms,” and also reports that Alexander Taraikovsky died from a rubber bullet, which “flew into his chest”.
An independent phonoscopic study proved that the voice on the recording does belong to Deputy Interior Minister Nikolai Karpenkov.