Here has come the long-awaited moment of the beginning of the judicial consideration of the psychiatric expertise existing in our criminal case, on the basis of which the allegedly serious harm to health of the so-called victims Kistersky D.V. and Mizgiryov E.Y. has been determined.
In criminal practice there is such a norm, where if the expertise confirms the appearance of serious harm to someone’s health, it already becomes a reason to establish a criminal case under Article 111 of the Criminal Code of the Russian Federation.
And if the person who has received serious harm to health also points to someone from whom he allegedly suffered, it is already a good reason to arrest the person to whom the victim has pointed.
A lot of facts gave us a good reason to see that some of the high-ranking persons once on the basis of unhealthy speculations showed interest to put me and my two friends in prison conditions, for which purpose Kistersky D.V. and Mizgiryov E.Y. received a skilfully presented proposal from “people in black” to write denunciations about us, which could be easily learnt from their own stories told to different people.
In formal terms, everything necessary for our arrest had been complied with, and we were successfully closed in the pre-trial detention centre for investigation and trial.
The group of lawyers involved in our defence very quickly discovered that there was absolutely not a single statement in our criminal case which said that any of us had inflicted any violent acts on anyone, and the entire prosecution against us was based only on the existence of expert examinations, which stated that the “victims” had allegedly suffered serious harm to their health.
As you already know, in the process of court interrogations we had nothing to clarify from the interrogated “victims”, as they did not say a single word about how any of us personally caused serious harm to their health, which is clearly understood by the essence of the prosecution and needs to be proved, but we have questions to ask the experts, as the content of the expert reports in terms of determining the harm to health raised in us serious doubts about their adequacy.
And now, in an unreasonably long series of completely useless interrogations of numerous witnesses of the prosecution, who in fact would be more correctly classified as witnesses of gossip and information from the Internet, we suddenly got the long-awaited moment when we could interrogate the experts.
Apparently, some force had decided to push the development of the process in our litigation….
Around noon on Wednesday we were talking to lawyers, where everyone was sure that the next day in court we would interrogate already known witnesses of the prosecution, but in the courtroom on Thursday we suddenly learnt from the excited lawyers that we would interrogate the experts who had made the forensic psychiatric examination of Kistersky and Mizgiryov, our main accusers, who had written denunciations against us.
First of all, the judicial interrogation should concern the representatives of the forensic psychiatric expertise, and only after them will it already become necessary to interrogate the specialists of the forensic medical expertise.
The first expertise should establish the presence of any mental disorder in the subject, and the second – to establish the degree of severity of the existing harm to health based on the results of the first.
The first person to be questioned was a representative of the expert group of psychiatry specialists who had observed the manifestations of the subject Kistersky D.V. in stationary conditions for a month and interviewed him.
It became known to the court that these experts, as well as the same psychiatric experts who had observed E.Y. Mizgiryov under similar conditions, had been tasked to examine the subjects according to the standards defined for examination as witnesses, but not as victims.
Forensic psychiatric examination of witnesses is carried out according to a simplified scheme, where it is sufficient only to observe the subject, i.e. to pay attention to his behaviour, mood and complaints, and no causal links should be investigated.
In the text of the indictment, where the diagnosis of the so-called victim Kistersky D.V. is mentioned, which was taken from the forensic medical examination report, it is affirmatively stated that he had a persistent maladaptation, which caused his mental disorder in the form of anxiety disorder (ICD-10 F-41.9).
The forensic medical examination should have made such a conclusion only on the basis of the conclusions of a forensic psychiatric expertise!
But what in reality could be heard during the court interrogation of the expert who took part in the creation of the relevant forensic psychiatric examination report?
The questioned forensic psychiatry expert Paramonova N.S. explained that no medical documents about Kistersky’s health were presented in this expertise and the conclusion was made only on the basis of his words.
She also explained that information about difficulties with social adaptation was not presented in the materials, and therefore this issue was not investigated from that point of view.
On the question about the period of onset of mental disorder, it was explained that this question was not investigated, as it belongs to the expertise of victims, but, according to the words of the subject, he had never sought help.
From the interrogation it became known that during the one-month observation of the subject, in the first two weeks he took food normally, did not complain of sleep disturbances and was sociable.
But during the second week, he refused to eat under the pretext of fasting, but continued to drink water.
It was during this period that Kistersky began to complain of poor sleep, occasional heart pain, nausea, fatigue from communicating with other people in the room….
The questioned expert could not give any explanation as to what could be the reason for the fact that the subject was admitted in good condition and then suddenly, while in such an institution, stopped eating and sleeping.
It should be emphasised that the circumstance of the undertaken fasting is of particular note, and any specialist in the field of fasting will always unequivocally confirm that during such a period the fasting person inevitably experiences not only strong physiological changes, but also significant aggravation of psychic features in the form of various anxieties and increased fatigue!
At the end of the court interrogation, the expert of forensic psychiatry confirmed that the disorder they had recorded could not lead to disability and that the subject was still socially adapted and adequate, that he did not require care and was not deprived of his legal capacity, i.e. he was a capable person.
After the interrogation of the expert Paramonova N.S., the expert of forensic psychiatry Belogurov Y.F. was interrogated in court, who showed the noteworthiness of the expertise conducted in respect of Mizgiryov E.Yu.
In the text of the indictment it is stated that Mizgiryov E.Y. has a persistent disadaptation, which caused his mental disorder in the form of sleep-wake disorder of non-organic aetiology in a personality with accentuated character traits of hyperintense type (ICD-10 F-51.2; Z-73.1).
I will mention once again that the wording of the diagnosis in the indictment should exactly coincide with the conclusion of the forensic medical expertise, based solely on the conclusions of the forensic psychiatric expertise, but what is particularly remarkable is that the entire text of the relevant forensic psychiatric expertise does not touch upon the subject of any disorders of social adaptation at all!
No one has investigated this issue!
It became clear from the interrogation of the forensic psychiatry expert Belogurov Y.F., that the diagnosis revealed by the expertise was established only on the basis of complaints.
They did not have any other objective data!
Medical documents had not been presented!
The expert further explained that this cluster of mental disorders refers to psychological disorders and is established only on the basis of complaints, and since it is considered by psychiatry, it refers to a mental disorder.
In response to the relevant questions, the expert Belogurov Y.F. unequivocally showed that they did not reveal any severe mental disorder in the subject, and that this person is practically mentally healthy, and the established diagnosis of “sleep and wakefulness disorder of non-organic aetiology in a personality with accentuated character traits” is a temporary mental disorder that bothers the person at the moment!
The expert explained that the disorder detected in Mizgiryov belongs to the category of minor psychiatry.
Such a disorder causes signs of subjective distress – this is when a person simply has anxiety, i.e. he does not like the fact that he wakes up early and feels sleepy during the day. And this anxiety he expresses in the form of complaints, on the basis of which a diagnosis is made.
The experts did not investigate the sleep-wake disorder itself, as they had not been tasked to do so!
And when asked about the duration of the disorder, it was revealed that, according to Mizgiryov himself, the disorder had been bothering him for at least a month.
The interrogations of forensic psychiatry experts eloquently and unambiguously showed that the mental disorders detected in Kistersky and Mizgiryov absolutely do not imply any harm to their health!
The practice itself additionally showed that after the investigators obtained convenient for the prosecution conclusions of the forensic medical expertise, according to which Kistersky and Mizgiryov allegedly suffered serious harm to their health, these “victims” were soon employed at a children’s educational institution.
During the relevant pre-employment medical commission, the psychiatrists noted the same alpha-numeric displays of mental peculiarities as in the indictment, which the psychiatrists of the central district hospital did not consider as unhealthy mental deviations and harm to health at all. Kistersky and Mizgiryov were recognised as fully legally capable!
A person with a diagnosis of persistent maladaptation would in no way be allowed to work in a children’s educational institution!
I am sure that not too much intelligence is required to correctly understand a simple truth: to determine the degree of severity of health damage is possible only in the presence of the health damage itself!
Accordingly, if there is no harm to health, then any attempts to assert any degree of harm to health will inevitably belong to the manifestation of inadequacy and stupidity!
The extremely vague and completely unsupported by any facts wording used in the indictment, implying a causal link between the occurrence of mental disorders in Kistersky and Mizgiryov and their living in rural areas among followers, is extremely far-fetched, since it was forensic psychiatry experts who should have first established such a causal link.
But, as it was clearly shown by the answers of such experts, due to the fact that the experts had the task to make an expert examination of Kistersky and Mizgiryov as witnesses, the experts did not investigate any causal links, which they would have done if they had been tasked to make an expert examination of victims!
Due to this circumstance, the experts of forensic psychiatry were able to answer only two questions out of seven posed to them by the investigator.
The interrogations of the experts of forensic psychiatry, who conducted the examinations of the two main “victims” in our criminal case, have been completed, and now we need to interrogate specialists of forensic medical expertise, who on the basis of conclusions of forensic psychiatric expertise in some strange way managed to establish the presence of serious harm to health of actually healthy persons, Kistersky D.V. and Mizgiryov E.Yu.
Only the planned interrogation of these successive experts has been postponed until 25 April, as the judge has taken some time off for active recreation.
Well, we, apparently, do not deserve any respite and we are required to continue to stay in prison conditions, where we have been for more than three and a half years already, for an incredibly good reason: two practically mentally healthy people, who have received absolutely no harm to their health from us, which is already confirmed by the facts, both by forensic psychiatric examinations and their own testimony, once wrote denunciations against us at some prompting….
To help us, at the beginning of this year there should take place an event in the form of the Resolution of the Constitutional Court of the Russian Federation, which was issued on 11 January.
In this Resolution it was indicated to all law enforcement bodies and courts to pay attention to the circumstance, which due to the emerged insufficient clarity was disposing to contradictory interpretation of the degree of severity of health damage associated with mental disorder.
And now, if we briefly say, the main signs of serious harm to human health associated with mental disorder should be a deep and long-term mental disorder, a significant in duration loss of capacity, when the mental disorder is accompanied by persistent or painful manifestations …
Vissarion.
19 March 2024