252002

Kiev

Krasnoarmeyskaya street 114/20

Radical Party

Against capital punishment and violence.

from Donets Nikolay Nikolayevich, born in 1970 sentenced to the capital punishment according to the articles 206 p. 2, 142 p. 3, 93 p. p. "a", "e", "g".

Ukrainian, vocational education, married, have a son, born in 1992, hadn't been brought to trial before.

Appeal.

On the 16 Th of February, 1993 Regional Court of Dnepropetrovsk city sentenced me to the capital punishment according to articles, 206 (part 2), 142 (part 3), 93 p. "a", "e", "g". I don't think that such a strict sentence is a fair one, since I was accused of the things I hadn't committed.

Now I'll explain the situation. On the 5 Th of October, 1992 I was at Kyslitsa N. , my acquaintance place. Then I went to buy a bottle of vodka by the motorcycle. An the road I was stopped and beaten by four fellows whom I didn't know, because I hadn't given them a cigarette.

When I came back to Kyslitsa N. , he asked me what had happened and why my face is smashed. Kyslitsa V suggested me to go and find the offenders. We rode 2 motor cycles, there were four of us: Tovstonog V and Kyslitsa V, Kyslitsa N and I. At the bus-stop I recognized one of my offenders and asked him why they had beaten me. He responded in a rude way. I hit him in his face with my hand once. Kyslitsa V also hit him with his hand in the face. I suggested Shimanovich to go with us and find the others. He gave his consent, but when we came to the shop, there was nobody around.

Shimanovich suggested to solve all the problems one-to-one, we drove off from the shop for 300 meters, and for 10-15 meters from the road, took off our arms and feet. Soon I told Shimanovich to stop my jacket he hit me with his foot in my side, and we started fighting again. Then Shimanovich suggested to make it up, we exchanged our jackets and I went away from him. But then Kyslitsa V. and Tovstonog V. came up to Shimanovich and started beating him. Shimanovich threatened that we would have to answer for it, insulted us. Then I in a fit of temper took the tube from Kyslitsa N's side-car and struck Shimanovich two times in his head with it, then he fell down. When he stood up he started running away, but was caught up by Tovstonog V. who was continuously hitting him while leading back. I hit him twice in his face again and went to the motorcycle where Kyslitsa N. had been sitting. The pipe was left at the place of fight I didn't see what Kyslitsa V. and Tovstonog V. were doing because it was dark soon they

were back and we rode away. I didn't see who had taken off clothes from the victim. Kyslitsa V. had Shimanovich's shoes, his pull-over and trousers were in the attached side-car of Kyslitsa N. motorcycle. October, 9, 1992 I learned that the corpse of a young man had been found near the shop, so I decided to burn the jacket.

On my accomplices suggestion we agreed that the first who would be arrested has to take the blame upon himself completely and since I was the first to be arrested I totally took the blame upon myself. At the Criminal Investigation Department they were beating me unmercifully to make me acknowledge that I had hit the victim with the tube more than twice, and I admitted it, but soon I realized that I made a mistake to have taken an other's blame upon myself. I told the investigator the way it had been in reality, but he didn't want to take these my words into account, and he built the indictment only on the ground of my primary evidences. The Board of Judges of the Regional Court, at the trial didn't take my evidences into consideration, either, but based its conclusion on my primary evidences, the indictment of the investigator, and also on my accomplices' testimonies, who had slandered me on the purpose of getting a less strict sentence.

1. I didn't take off the clothes from the victim and didn't tell him to do it. At the confrontation Kyslitsa N. testified that he had taken the tube, pull-over and trousers and put them into the side-car of his motor cycle. This fact was also proved by his son Kyslitsa V. , that's why I ask to irritate the article 142 and article 93 p. "a" in my criminal case since this crime hasn't been proved to be committed by me.

2. I hit Shimanovich at the bus-stop not because of the hooligan intentions, but because of the feeling of revenge. That's why my actions don't feeling of revenge. That's why my actions don't correspond to the article 206, but to the article 107. I appeal to requalify my actions as corresponding to the article 107.

3. The court couldn't disprove the fact, that I had hit the victim with the tube only twice, my accomplice Kyslitsa V. also proved this fact. The court couldn't ascertain, whose blows brought to Shimanovich's death. Medical experts stated that no less than 5 strokes were delivered on Shimanovich's head with some kind of an obtuse object, which could be the metal tube I stroke only 2 blows to the victim, I didn't see who also hit him, that's why I appeal to you to remit my criminal case for further inquiry and to ascertain the degree of my guilt and to redeem it by the just punishment.

4. The Judicial Board violated the articles of the my evidences. In court I refused to take all the blame upon myself, but it wasn't taken into account and wasn't stated in the verdict.

My earnest request to you is to require the record with my criminal case and to confront all the facts. You will make sure that the case is faked-up and that the verdict is unfair and too strict. Please, do not reject my appeal. The record with my criminal case must be either in the Supreme Court or in the Regional Court of Dnepropetrovsk.

December, 29, 1993.

Donets N. N.

(Signature)