During the hearing in Tushino court correspondence taken from
Facebook was attached to criminal case materials. The text of this
conversation that belongs to Pavel Vrublevsky who is accused in regard
with the criminal case on DDoS-attack towards Aeroflot and witness
Anastasia Kurochkina was obtained as a result of unauthorized special
investigation activities. The court allowed only coulisse from technical
communication channels that is official coulisse of documents where
the protocol of coulisse had to be made. “However, experts from
Information Security Center of FSB, ignoring the international
conventions and agreements, illegally obtained necessary data using SIA.
The above was reported in the letter to Tushino District Court of
Moscow, having referred that such data can't be obtained legally” -
stated lawyer Pavel Zaytsev.
The judge of Tushino District Court of Moscow, Natalia Nikolaevna Lunina, despite lawyers’ objections that correspondence was received off the record attached it to the case materials. This decision creates precedent taking in account that Facebook conversations of any Russian citizen can be obtained without any authorization.
During the same hearings comprehensive information on the facts of pressure upon the witness from the investigator of FSB could be recovered. Witness Kurochkina, indicated in protocols of evidence examination, declared that investigator Sergey Dadinsky was trying to convince her to perjury in court, motivating it that "the agreement with the judge already has been settled". Record of this conversation was offered to listen earlier in court, but was objected by the prosecutor and the judge as it was unclear who was on this record. Then its interpretation was read under the protocol. Thus, today expert Herman Zubov, previously having compared a voice on this record and record of Dadinsky's voice, could give to the court complete information regarding whether it was Dadinsky who put on psychological pressure on the witness. "But the court didn't call the expert, insisting immediately to move on to interrogation of suspects", - reports lawyer Lyudmila Ayvar.
Lawyer Pavel Zaytsev, due to establishment of violations in course of investigative actions, petitioned for the termination of this criminal case. "After withdrawal of laptops from suspects accused of the attack execution, those laptops were switched on illegally and 2 Gb of information were written down. Also there are suspicions in fabrication of criminal case because the virus by which allegedly attack was made was created approximately in a month after the actual attack." - states Zaytsev. The creation date of the program (the virus) was confirmed by experts from defense and prosecution sides. It should be noticed that the CD with the virus at that time was in Group-IB. Besides, as declared by Zaytsev, the investigator of FSB "forgot" that head of an investigation team, according to paragraph 3 Art. 163 of the Criminal Procedure Code of the Russian Federation to accept criminal case to the procedure, i.e. he wasn't authorized to bring accusations against Artimovich I.A. and other individuals, also to sign the indictment on criminal case. It can seem insignificant, but any lawyer will confirm illegality of all subsequent investigative actions.
Today the decision of the Ninth Appeal Arbitration Court of Moscow, agreed to uphold the decision on rejection of the claim (on 146 million rubles of losses) made by Aeroflot, was presented to the court and later attached to the case files. Thus, there is no essential aspect – material damage - in the criminal case concerning Pavel Vrublevsky.
On Monday, June 24th in Tushino Court, Pavel Vrublevsky and Igor Artimovich, allegedly involved in DDoS-attack towards Aeroflot in the summer of 2010, were interrogated. Both of them confessed during the period of the investigation, but subsequently rejected those statements. Accused declared that they were under strong psychological pressure, moreover, Artimovich was beaten up when he was taken from his house to Investigative Department of FSB of St. Petersburg.
Pavel Vrublevsky, considered by the prosecution side as the organizer of attack, was interrogated first. He explained that when the investigation began in 2011, he anticipatorily returned from vacation and was take into custody at the airport. During interrogation Vrublevsky was denying any participation in this crime, but having learned about content of the confession made by Igor Artimovich ("the prisoner's volume" by Igor Artimovich was posted in the Internet), he (Vrublevsky) also wrote a confession to avoid imprisonment that could have serious impact on his family, wife and three children. Vrublevsky was planning to achieve justice in court and not during the investigation. However, he didn't manage to avoid a pre-trial detention center, as a result, he spent 6 months in Lefortovo during the investigation. To get out on bail for Vrublevsky was possible because of the expiration of maximum possible detention term under articles of moderate severity. During this time the term of the Art. 273 of the Criminal Code (creation of harmful programs) has expired. Right now defendants are accused in regard with Art. 272 of CC, illegal access to information. According to Vrublevsky this article can't be relevant to DDoS because the result of similar attack does not allow access to the protected by the law information, only the public Internet resource is blocked for a while.
Igor Artimovich claimed that after arrest, having realized all seriousness of the situation and hopelessness of attempts to prove his innocence, also considering possible consequences of making unfavorable statements for the investigation, he decided to cooperate with the prosecution and gave "the necessary statements" by dictation. Lawyer Vladimir Markov who initially represented Artimovich's interests, was recommended by the investigation. Contrary to the certificate of joining the case on the agreement, Markov didn't sign any contracts neither with the client, nor with his relatives. According to Igor Artimovich, Markov's unqualified actions, in particular, became the reason for delusion concerning prospects of the case what lead to self-accusation recognition.
Interrogation of the programmer Dmitry Artimovich is planned for July 8th.
The fourth suspect on this case - former employee of Vrublevsky who earlier was working in FSB, Maxim Permyakov, won't be interrogated as he confirmed his confession. He only will express his opinion during debates after all interrogations of the accused come to the end.
According to "Aeroflot" data, the airline suffered losses of more than 146 million rubles, however, the Arbitration Court of Moscow rejected the claim regarding recovery of civil damages, on a basis of proof absence.
The judge of Tushino District Court of Moscow, Natalia Nikolaevna Lunina, despite lawyers’ objections that correspondence was received off the record attached it to the case materials. This decision creates precedent taking in account that Facebook conversations of any Russian citizen can be obtained without any authorization.
During the same hearings comprehensive information on the facts of pressure upon the witness from the investigator of FSB could be recovered. Witness Kurochkina, indicated in protocols of evidence examination, declared that investigator Sergey Dadinsky was trying to convince her to perjury in court, motivating it that "the agreement with the judge already has been settled". Record of this conversation was offered to listen earlier in court, but was objected by the prosecutor and the judge as it was unclear who was on this record. Then its interpretation was read under the protocol. Thus, today expert Herman Zubov, previously having compared a voice on this record and record of Dadinsky's voice, could give to the court complete information regarding whether it was Dadinsky who put on psychological pressure on the witness. "But the court didn't call the expert, insisting immediately to move on to interrogation of suspects", - reports lawyer Lyudmila Ayvar.
Lawyer Pavel Zaytsev, due to establishment of violations in course of investigative actions, petitioned for the termination of this criminal case. "After withdrawal of laptops from suspects accused of the attack execution, those laptops were switched on illegally and 2 Gb of information were written down. Also there are suspicions in fabrication of criminal case because the virus by which allegedly attack was made was created approximately in a month after the actual attack." - states Zaytsev. The creation date of the program (the virus) was confirmed by experts from defense and prosecution sides. It should be noticed that the CD with the virus at that time was in Group-IB. Besides, as declared by Zaytsev, the investigator of FSB "forgot" that head of an investigation team, according to paragraph 3 Art. 163 of the Criminal Procedure Code of the Russian Federation to accept criminal case to the procedure, i.e. he wasn't authorized to bring accusations against Artimovich I.A. and other individuals, also to sign the indictment on criminal case. It can seem insignificant, but any lawyer will confirm illegality of all subsequent investigative actions.
Today the decision of the Ninth Appeal Arbitration Court of Moscow, agreed to uphold the decision on rejection of the claim (on 146 million rubles of losses) made by Aeroflot, was presented to the court and later attached to the case files. Thus, there is no essential aspect – material damage - in the criminal case concerning Pavel Vrublevsky.
Pavel Vrublevsky explained why he confessed in attack towards Aeroflot
On June 24th in Tushino District Court of Moscow, interrogation of suspects accused of DDoS-attack towards Aeroflot took place. Earlier, at the stage of interrogation, they admitted the guilt and confessed, however, later on denied their statements. The court found out from Pavel Vrublevskogo and Igor Artimovich why such changes in the statements had been made.On Monday, June 24th in Tushino Court, Pavel Vrublevsky and Igor Artimovich, allegedly involved in DDoS-attack towards Aeroflot in the summer of 2010, were interrogated. Both of them confessed during the period of the investigation, but subsequently rejected those statements. Accused declared that they were under strong psychological pressure, moreover, Artimovich was beaten up when he was taken from his house to Investigative Department of FSB of St. Petersburg.
Pavel Vrublevsky, considered by the prosecution side as the organizer of attack, was interrogated first. He explained that when the investigation began in 2011, he anticipatorily returned from vacation and was take into custody at the airport. During interrogation Vrublevsky was denying any participation in this crime, but having learned about content of the confession made by Igor Artimovich ("the prisoner's volume" by Igor Artimovich was posted in the Internet), he (Vrublevsky) also wrote a confession to avoid imprisonment that could have serious impact on his family, wife and three children. Vrublevsky was planning to achieve justice in court and not during the investigation. However, he didn't manage to avoid a pre-trial detention center, as a result, he spent 6 months in Lefortovo during the investigation. To get out on bail for Vrublevsky was possible because of the expiration of maximum possible detention term under articles of moderate severity. During this time the term of the Art. 273 of the Criminal Code (creation of harmful programs) has expired. Right now defendants are accused in regard with Art. 272 of CC, illegal access to information. According to Vrublevsky this article can't be relevant to DDoS because the result of similar attack does not allow access to the protected by the law information, only the public Internet resource is blocked for a while.
Igor Artimovich claimed that after arrest, having realized all seriousness of the situation and hopelessness of attempts to prove his innocence, also considering possible consequences of making unfavorable statements for the investigation, he decided to cooperate with the prosecution and gave "the necessary statements" by dictation. Lawyer Vladimir Markov who initially represented Artimovich's interests, was recommended by the investigation. Contrary to the certificate of joining the case on the agreement, Markov didn't sign any contracts neither with the client, nor with his relatives. According to Igor Artimovich, Markov's unqualified actions, in particular, became the reason for delusion concerning prospects of the case what lead to self-accusation recognition.
Interrogation of the programmer Dmitry Artimovich is planned for July 8th.
The fourth suspect on this case - former employee of Vrublevsky who earlier was working in FSB, Maxim Permyakov, won't be interrogated as he confirmed his confession. He only will express his opinion during debates after all interrogations of the accused come to the end.
According to "Aeroflot" data, the airline suffered losses of more than 146 million rubles, however, the Arbitration Court of Moscow rejected the claim regarding recovery of civil damages, on a basis of proof absence.
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