To the Radical Party from the solictor Barkovsky Nikolay Nikolayevich.

Ukraine, 327001, Nikolayev

Sadovaya street, 2/9

tel. 35-16-33

According to the verdict of the Judicial Board for criminal cases of Nikolayev Regional Court (December, 17, 1992) my client Nechayev Oleg Leonidovich, born in 1968, November, 25, had never been convicted in court before, maintaining an infant, was sentenced to the capital punishment on the basis of the complex of committed crimes: articles 93. p. "a", "e",(murder for mercenary ends with special cruelty), 142 p. 3 (robbery), 222 p.3 (bearing cold steel) of Criminal Code of Ukraine.

On the 25 rd of March, 1993 the Judicial Board for criminal cases of the Supreme Court of Ukraine left the verdict of the Judicial Board of Nikolayev Regional Court without changes, and the appeals of the sentenced and his solicitor without satisfaction.

Anyway, I didn't hope that the Judicial Board of the Supreme Court of Ukraine would change death penalty for imprisonment because death sentence was convicted on the initiative of the Supreme Court.

The criminal case dealing with the accusal of my client Nechayev O. L. was considered by the Nikolayev Regional Court twice. When the case was brought before the court for the first time, Judicial Board of the Nikolayev Regional Court sentenced Nechayev to 15 years of impisonment. But this verdict seemed to be too soft to the Supreme Court, and that was a sufficient foundation to irritate the verdict and to direct the case to the new considaration. When the case was submitted to the trial for the second time, there could be no other sentence but death penalty since the instruction of the Court in authority is obligatory for the subordinate court. It was evident that the destiny of my client had been prejudged before the second consideration of the case, and the trial didn't aime at defining the truth, but bore a great deal of resemblance with the legal murder of the imprisoned.

Profound arguments and appeals of the imprisoned, his solicitor, were rejected by court. All the process looked like the legal reprisal sanctioned from above.

Being absolutely convinced that death penalty was set for Nechayev O. L. without thorough concideration of his specific guilt in the committed crime, of the fact, that he had never had a criminal record before, that he maintains an infant and ill wife, I assume that death penalty was pronounced only to please the victims who pressed not for the fair judgement, but for the revenge for their son.

I appeal to the Radical Party, enjoying the authority with the world, to defend a man who is going to be sent death in the name of the state.

March, 25, 1993.

Signature

Barkovsky N. N