| Submit your comments on this article | |
| Caucasus/Russia/Central Asia | |
| The court sides with a convict from Chechnya in a dispute with the colony administration | |
| 2024-04-16 | |
| Direct Translation via Google Translate. Edited. [KavkazUzel] The appellate instance did not satisfy the appeal of the colony administration against the decision of the Grozny court, which recognized violations of the rights of a native of Chechnya, Arbi Dandaev, who was convicted in the case of the attack of Basayev’s
As the "Caucasian Knot" wrote, the Supreme Court of Dagestan in March 2009 sentenced Chechen resident Arbi Dandaev to life imprisonment, recognizing that during the militant attack on Dagestan in 1999, Dandaev personally participated in the execution of six servicemen. The Supreme Court of Russia recognized the verdict as legal, and in August 2009 it entered into legal force. On August 7, 1999, more than a thousand armed fighters led by Shamil Basayev and Jordanian Amir Khattab (also referred to as Emir Khattab) entered Dagestan from Chechnya. Fighting continued in the republic for more than a month; only on September 15, 1999, Defense Minister Igor Sergeev announced that the territory of Dagestan was completely liberated from the participants in the attack, according to the “Caucasian Knot” certificate “ Invasion of militants in Dagestan (1999) .” The Supreme Court of Chechnya upheld the decision of the Visaitovsky District Court of Grozny dated June 28, 2022, which partially satisfied Arbi Dandaev’s claim against the colony in the Khabarovsk Territory. Dandaev demanded that the actions of the administration be declared illegal and that compensation be awarded to him for violating the conditions of detention; the district court’s decision was appealed by the colony’s management, as stated in the appeal ruling posted on the website of the Supreme Court of the Republic. In his lawsuit, Arbi Dandaev stated that “the defendant violated the conditions of detention for a long time.” In particular, according to the document, the Constitution and the Chechen-Russian dictionary were confiscated from the convict, the electricity was turned off during the fasting month of Ramadan, his opportunities for watching films and videos and television programs were limited, and he was kept “in a metal cage during court hearings in a video conference room.” connections." Arbi Dandaev demanded compensation of 500 thousand rubles. The court ordered the administration of colony No. 6 of the Federal Penitentiary Service for the Khabarovsk Territory to return to Dandaev the brochure “The Constitution of the Russian Federation” and the Chechen-Russian dictionary, declared the power outage during the month of Ramadan illegal and ordered the colony to pay Dandaev ten thousand rubles. The district court did not satisfy the remaining requirements, as indicated in the publication of the Supreme Court. "In the appeal, the representative of PKU IK-6 of the Federal Penitentiary Service of Russia for the Khabarovsk Territory O.V. Shadrina asks the court to cancel the decision as illegal and unfounded, and to make a new decision in the case to refuse to satisfy the claims. In the court of appeal, A.Kh. Dandaev ., participating in the court hearing through the use of video conferencing systems, objected to the arguments of the complaint and asked the court’s decision to be left unchanged,” the document says. Contrary to the arguments of the appeal, the district court, when determining the amount of compensation for violation of the conditions of detention of the convicted person, “took into account the nature and duration of the violations, the circumstances under which these violations were committed, the amount of compensation corresponds to the principle of reasonableness and fairness,” the Supreme Court indicated. “The decision of the Visaitovsky District Court of the city of Grozny dated June 28, 2022 is left unchanged and the appeal is not satisfied,” the judge ruled. Let us remind you that Arbi Dandaev has previously initiated litigation. So, in 2020, he demanded 300 thousand rubles as compensation for moral damages for prolonged detention in solitary confinement in a pre-trial detention center in Makhachkala in 2008-2009. The court refused to satisfy the claim, and Dandaev in a new claim changed the defendant from the Makhachkala pre-trial detention center to the department of the Federal Penitentiary Service for Dagestan. In May 2022, the Kirov District Court of Makhachkala again rejected his claim. In addition, Dandaev challenged the decision of the Grozny district court, which refused to recognize as illegal the decision of the leadership of the colony in the Sverdlovsk region to place Dandaev on preventive registration as prone to escape. In August 2022, the Supreme Court of Chechnya upheld the decision of the district court. | |
| Posted by:badanov |