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Caucasus/Russia/Central Asia
The court returned to the prosecutor the case of a resident of Dagestan about plans to join the militants in Syria
2023-04-22
Direct Translation via Google Translate. Edited.
[KavkazUzel] The Court of Cassation, having considered the appeal of Khanumkyz Kulibekova, whom the court in Khasavyurt sentenced to five years in prison, returned the case for review to the prosecutor's office, recommending that the case be reclassified to a tougher article.

The Fifth Cassation Court in Pyatigorsk considered the complaint in the case of Khanumkyz Kulibekova, who was convicted on charges of intending to join an illegal armed group in Syria. Kulibekova herself denies guilt, noting that she was in Turkey and Syria in order to return home her daughter, who lived in the territory controlled by the militants, who became a widow and raised three children alone, Kavkaz.Realii reported today.

As follows from the court's decision, Kulibekova's lawyer asked to cancel the verdict, citing the fact that there was no evidence that she had taken part in an illegal armed group.

"The conclusions of the court are based on conjectures and assumptions. The court did not give a proper assessment to the testimonies of witnesses that they did not know the convicted woman and had never seen her," a fragment of the appeal is given in the court decision.

The Court of Cassation considered the evidence admissible and sufficient, but at the same time pointed out that Kulibekova's actions were incorrectly qualified as participation in an illegal armed formation, but her actions could be regarded as participation in a terrorist organization.

"Kulibekova arrived in Syria in order to join (participate in) an illegal armed formation structurally part of the Islamic State* organization," but she could not complete her intent, as she was detained by law enforcement officers and expelled from the territory of the state, the court noted and returned the case to the prosecutor's office.

Kulibekova was placed under arrest for three months, as "there are grounds to believe that she may abscond from the investigation or otherwise interfere with the proceedings," the court of cassation concluded.

The article on participation in an illegal armed formation (Part 2 of Article 208 of the Criminal Code of the Russian Federation), under which Kulibekova was convicted, provides for 8 to 15 years in prison. Article on participation in the activities of a terrorist organization, to which the court proposed to reclassify the charge (Part 2 of Article 205.5 of the Criminal Code of the Russian Federation), - from 10 to 20 years in prison.

The "Caucasian Knot" also wrote that the Kizilyurt District Court sentenced a resident of Dagestan to five years' imprisonment on probation, who, according to the investigation, cooked food and sewed clothes for IS militants*.

Posted by:badanov

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