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Caucasus/Russia/Central Asia
Supreme Court upheld the sentence of Dagestanis killed in Chechnya
2024-02-21
Direct Translation via Google Translate. Edited.
Yes, the story is about the innocence of the victims of a shooting in Chechnya

In 2016. Mills of Justice grinding slowly, indeed.
[KavkazUzel] Lawyer Andrei Sabinin, representing the interests of the relatives of eight residents of Dagestan killed in Chechnya in 2016, demanded in a cassation appeal that the verdict in the case of an attempt on the life of security forces be overturned and the case sent to the prosecutor or for a new trial. The Supreme Court of Russia considered that the prosecution provided sufficient evidence of the guilt of the victims and upheld the decision.

As the "Caucasian Knot" wrote, on March 10, 2020, the Supreme Court of Chechnya found the murdered eight Dagestanis guilty of encroachment on the lives of law enforcement officers and illegal arms trafficking, but discontinued the criminal case in connection with their death. Lawyer Andrei Sabinin sent an appeal in this case to the Third Court of Appeal of General Jurisdiction.

On January 10, 2023, the European Court of Human Rights awarded 27 relatives of those killed 609,000 euros in compensation. On July 5, 2023, it became known that the appeal court refused to reconsider the case for the relatives of the victims. The appeal court did not take into account the decision of the ECHR, which held the authorities responsible for the deaths of eight young Dagestanis in Chechnya, said the relatives of the victims and promised to appeal the verdict to a higher authority.

Residents of Dagestan Gashim Uzdanov, Pakhrudin Makhaev, Islam Magomedov and Shamil Dzhamalutdinov disappeared on September 28, 2016 on the road from Kaspiysk to Makhachkala. On October 4 of the same year, Gusein Guseinov (Gosen Gosenov), Klych Klychev, Shamil Dzhamalutdinov and Kamil Dzhamaludinov disappeared in Khasavyurt. The security forces claimed that these people were preparing a terrorist attack and were killed in a shootout.

According to security forces, the incident occurred on the night of October 9, 2016 in the Gudermes district of Chechnya, when police tried to stop two cars. Fire was opened from them. Eight suspected militants were killed and four policemen were wounded in the shootout, the Chechen Interior Ministry said. Employees of the Ministry of Internal Affairs of Chechnya were presented with state awards. Ramzan Kadyrov previously explained his proposal to reward the police by saying that “they, risking their lives, neutralized especially dangerous bandits.” 

The Supreme Court of Russia upheld the verdict of the residents of Dagestan killed in 2016, the criminal case against whom was dropped, follows from the cassation ruling of the Supreme Court of Russia. 

In his cassation appeal, lawyer Andrei Sabinin asked to return the case to the prosecutor or for a new trial, since “the involvement of the accused in the commission of the crime has not been proven by the case materials.” He, in particular, pointed out that at the place where the cars with the dead residents of Dagestan were found, 235 cartridges were found, some of them were fired from the machine guns of the victims and witnesses.

A total of 132 cartridges were fired from seven machine guns, the identity of which is unknown, but none of them were fired from the machine guns found in the burned cars. The lawyer in the cassation appeal suggested that the cars of the dead residents of Dagestan were fired at twice. 

Seven damages were found on the armored car of the victims - employees of the Ministry of Internal Affairs, the height of which (1440 and 1600 mm) excludes their formation as a result of shooting from the cars of the accused, and the nature of the damage on this car also contradicts the testimony of the victims and witnesses. The fact that an RGD-5 grenade exploded at the scene, as reported by the victims, has not been established. According to expert opinions, no damage or traces of exposure to explosives were found on the victims’ clothes,” the lawyer said. 

The court noted that the lawyers' statements contradict the case materials and the experts' conclusions. “The expert explained the fact that no traces of a grenade explosion were found on the cars of the victims by the burnout of the cars, and traces of its impact on the victims’ clothes may not have been preserved due to numerous washes.

In addition, from the testimony of the victims it follows that they had a long time after after the events that took place, the uniform they were confiscated was not the one they were wearing at the scene of the incident,” says the ruling of the Supreme Court of Russia, which was published on its website. 

The court explained the presence of cartridges that did not belong to the accused and the security forces as training shootings. “The presence at the scene of the incident of shell casings fired from weapons that did not belong to the witnesses and victims is explained by the fact that previously the site of the clash was used as a training ground for practical training in fire training,” the definition states. 

The court upheld the verdict, but did not satisfy the lawyer’s cassation appeal, as follows from the text of the ruling, which was issued on February 13.
Related:
Andrei Sabinin: 2023-07-07 Relatives of Dagestanis killed in Chechnya express disappointment with court decision
Posted by:badanov

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