[KavkazUzel]
The Supreme Court of Dagestan declared illegal the sentence of Khanmagomed Isubov, who was sentenced to 3.5 years on charges of involvement in an illegal armed group. He stated that he confessed under torture.The " Caucasian Knot " has reported that on February 4, security forces searched the house of 18-year-old resident of Khasavyurt Abdul Magomedov and detained him. On February 8, Magomedov was arrested on charges of creating an illegal armed formation and illegal arms trafficking. Magomedov's lawyer said he confessed his guilt under torture. The investigation named Khanmagomed Isubov as the alleged accomplice of Magomedov, who also pleaded guilty and was placed under arrest.
Khanmagomed Isubov was detained in Khasavyurt with two friends in 2010. They were charged with possession of cartridges, F-1 grenades and preparation for participation in illegal armed formations. Isubov did not admit his guilt, he explained that during the preliminary investigation he slandered himself because of physical pressure, and the ammunition found in the house was planted, Dosh writes on May 1.
The appeal ruling, published on the website of the Supreme Court of the Republic, states that the court of first instance in the descriptive and motivational part of the verdict did not indicate the circumstances of the crime committed related to the illegal acquisition, carrying and storage of the F-1 grenade. "At the same time, the court referred to the charge brought by the preliminary investigation body," the act says.
In addition, as the court found, the time, place, method and circumstances of carrying cartridges and grenades were not established in the case. The court also noted that during the search of the house and the verification of testimony, the same witnesses were present at the scene.
"The violations of the criminal and criminal procedure law committed by the court of first instance cannot be corrected by the court of appeal, due to the fact that these violations can be eliminated only during the retrial of the case in the court of first instance," the appeal ruling says.
The Supreme Court overturned the verdict of the Khasavyurt city court against Khanmagomed Isubov, his criminal case was transferred to a new trial in the same court with a different composition.