Direct Translation via Google Translate. Edited.
 [KavkazUzel] The lawyer of Daud Mamilov, a native of Ingushetia, who was found guilty of involvement in the activities of the Islamic State and sentenced to eight years, in addition to the appeal, said that there was no evidence of her client's guilt, and the sentence was unfounded.
The "Caucasian Knot" has reported that in August 2020, the Court of Appeal in Moscow agreed with the arguments of the lawyers of Daud Mamilov, a native of Ingushetia, recognizing the inaction of the investigation in his case. After that, the case of Mamilov, accused of involvement in the terrorist organization "Islamic State," was transferred to a new investigator. In September 2020, Mamilov announced that he was forced to confess. On July 19, Mamilov was found guilty of involvement in the activities of ISIS* and sentenced to eight years in a penal colony. Lawyer Lyudmila Tolstonogova filed an appeal.
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Daud Mamilov was detained on April 29, 2019. According to investigators, five people, including Daud Mamilov, who lives in Dmitrov, created a secret cell of the Islamic State terrorist organization.
In June 2020, more than 70 residents of Ingushetia, including deputies of the People's Assembly , vouched for Daud Mamilov to no avail . The detainee's father, Zakriy Mamilov, a deputy of the People's Assembly of Ingushetia, who opposed the agreement on the border between Ingushetia and Chechnya, linked the criminal prosecution of his son with his own political activities.
Daud Mamilov's defense appealed to the military court of appeal with an addition to the appeal against the verdict of the Second Western District Military Court, lawyer Lyudmila Tolstonogova told the "Caucasian Knot" correspondent on September 20 .
The lawyer recalled that her client was detained on April 29, 2019. According to investigators, a group of seven people, including Mamilov, were accused of creating a clandestine cell of the Islamic State*. The case file contains a decision to initiate a criminal case against only one of the members of the group - Orifjon Sattorov - on the grounds of a crime under part 2 of article 205.5 of the Criminal Code of the Russian Federation.
"Criminal cases against other persons, including against Daud Mamilov, were not initiated. The fact that a criminal case was initiated only against Orifjon Sattorov is confirmed not only by the procedural documents of the investigation, but also by the decisions of the judges of the Dmitrov City Court," the addendum to appeal (a copy is at the disposal of the "Caucasian Knot"), <...> The criminal procedure law does not provide for the possibility of convicting a person for a crime for which no criminal case has been initiated," the lawyer said.
In addition to Daud Mamilov, seven more people are involved in this case - Ruslan Akhmedov, Aidyn Mehdikhanov, Gamze Nurmagomedov, Adyl Salaev, Maxim Satavaldinov, Orifjon Sattorov and Tagir Sultanov.
Members of the Sattorov brigade took part in collective prayers, led by Sattorov himself, as the eldest in age and reading the Koran in Arabic. Daud Mamilov also sometimes took part in these collective prayers.
She said that in the summer of 2016, a team led by Sattorov was building houses near Adyl Salaev. Mamilov was a neighbor of Salaev and at the same time was finishing the construction of his house. Relations with Salaev were ordinary, neighborly. Mamilov did not take part in any meetings and discussions of events, both in the country and in the Middle East.
THE COURT IGNORED THE MEANING OF THE TESTIMONY OF ADYL SALAEV
Lyudmila Tolstonogova noted that the conclusions of the court set out in the verdict were not supported by the evidence considered in the court session. "The court concluded that the guilt of the defendants (including Mamilov) in committing criminal acts <...> is confirmed by the read out testimony of the suspect A. Salaev, from which it follows, as indicated in the verdict, that since the summer of 2016, being informed of the events in Syria, he, together with Sattorov, Mamilov, Akhmedov, Satavaldinov and other persons, began to gather at his ( Salaev ’s) house, where they watched videos about the activities of the ITO "ISIS," after which they discussed what they saw, expressing their intention to leave for Syria with their families and live there," she said.
At the same time, the addendum states that the court ignored the meaning of Salaev's testimony. "[The court], giving preference and supporting the prosecution, distorting the text of the read out testimony in the verdict, misjudged them, which led to a conclusion contradicting the read out testimony that Salaev's testimony confirms the guilt of the defendants," the addendum to the appeal says. .
Lyudmila Tolstonogova also emphasized that Salaev did not confess that any of the defendants were members of ISIS or the Dmitrov Jamaat" or financed terrorism.
The lawyer also said that "at the court session, Salaev stated that he did not give the read out testimony given by him as a suspect, but signed a ready protocol of interrogation at the insistence of his mother, Naila Salaeva." “At the court session, Nailya Salaeva gave similar testimony and confirmed this fact. It follows from her testimony that one of the employees promised general protection in this case for signing the testimony, for which he embezzled money in the amount of more than 800,000 rubles seized from their house during the search.
In confirmation of these circumstances, the decision to recognize Salaeva as a victim of fraud committed against her by the named person was attached to the materials of the criminal case and examined. These circumstances are essential for assessing the testimony of A. Salaev,
Witness Nailya Salaeva is the mistress of the house where a team of builders worked under the direction of Orifjon Sattorov.
“Based on her testimony, the court concluded that Daud Mamilov was involved in the commission of [incriminated] crimes <...>. on one plot of land, friendly, good-neighbourly relations have been established between her family and the Mamilov family," the lawyer said.
"At the trial, the testimony of the suspect Maxim Satavaldinov was also read out, from which, as indicated in the verdict, it was clear that all members of the Dmitrov Jamaat were physically and spiritually ready to carry out terrorist attacks and robbery attacks in order to achieve their goals. And Mamilov expressed a special desire to accept participation in hostilities and provide any assistance to ISIS, including with money," the complaint said.
However, the lawyer emphasizes, he did not give such testimony either at the preliminary investigation or in court, they were not read out at the court session, there are no such testimonies in the case materials, including in the read out protocol of the interrogation of the suspect Satavaldinov.
In addition, according to the lawyer, Satavaldinov refused to testify during the investigation, pointing out that they were given under duress by the security forces.
"He, like Salaev, was given to sign a ready-made protocol of interrogation, which he signed without the presence of a lawyer."
This information was not verified by the court, in the defense’s petition to request information from SIZO-1 in Irkutsk about the presence of a lawyer during the interrogation of M. Satavaldinov at territory of the pre-trial detention center was denied by the court.
RELIGIOUS LITERATURE IN MAMILOV'S HOUSE DOES NOT CONFIRM HIS PARTICIPATION IN THE "DMITROV JAMAAT"
The addendum states that the court's conclusions "do not stand up to scrutiny - for example, the court insists on Mamilov's participation in the activities of the Dmitrovsky Jamaat, and in support of these arguments, it cites search reports in Mamilov's house, where religious literature was confiscated from him."
Daud Mamilov from the first days of his detention did not deny his belonging to Islam, the lawyer said, there was religious literature in his library, but it is not included in the list of prohibited books.
"The conclusion of the court that the seizure of religious literature is a confirmation of guilt in these crimes contradicts Article 28 of the Constitution of the Russian Federation, according to which "everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any." that religious literature was found during a search of other defendants, has nothing to do with my client," the lawyer said.
The court, when considering a criminal case, especially focused on the fact that Mamilov transferred 6,000 rubles from a card belonging to him to a card of a certain Kurbanov. The transfer of this amount of money, the court concluded, confirms his guilt in committing the alleged crime, that is, the money was used to finance terrorism. But in fact, Mamilov testifies, the amount was transferred to debt.
At the trial, he explained that he did not take any receipts, that this was not such a large amount to take receipts. However, the documents on the transfer of money appear in court as one of the evidence of Mamilov's guilt, but these documents do not have any significant significance for the case.
The court concluded that the money in the amount of 6,000 was transferred to Kurbanov, who, as a result of operational-search measures, turned out to be a counterparty to almost all members of the Dmitrovsky Jamaat, and the 6,000 rubles transferred to him went to finance terrorism.
However, according to the addendum to the appeal, the information that Kurbanov is a counterparty is not supported by the case materials. Also, according to the testimony of security officials in Rostov-on-Don, where Kurbanov lived, there was no communication between him and the defendants, Tolstonogova said.
Kurbanov's connections with the defendants, including Mamilov, connected with their preparation of a terrorist act, have not been established. In addition, the materials of the case confirm that the events related to the preparation of Kurbanov to commit a terrorist act occurred in July 2019, while he borrowed money in the amount of 6,000 rubles from Mamilov in September 2017. At that time, Kurbanov worked in a construction team under the leadership of foreman Sattorov. The lawyer draws attention to the fact that no sane person can foresee the actions of another person in a time interval of about two years. Between September 2017 and July 2019, no connection between Mamilov and Kurbanov was established.
THERE IS NO EVIDENCE OF THE EXISTENCE OF THE "DMITROV JAMAAT"
The court concluded that Mamilov's guilt was confirmed by the testimony of the accused Eldar Zakerzhaev. At the same time, interrogated in April 2019 as a witness, Zakerzhaev said that he was familiar with the abbreviation ISIS from the media, he could not say anything specific about this organization, and the abbreviation "Dmitrovsky jamaat" was completely unfamiliar to him. Zakerzhaev did not give any incriminating testimony to Mamilov.
On February 14, 2020, Eldar Zakerzhaev, a native of Dagestan, was found dead in a pre-trial detention center.
In December of the same year, he was detained and interrogated on the same day as an accused. As he told lawyer Tatyana Okushko , he was beaten and tortured with a stun gun. “They demanded that he confess to participation in the activities of a terrorist organization. The suffering from torture was aggravated also because Zakerzhaev, two weeks before his arrest, was severely beaten by an unknown person and, as a result, was hospitalized in an unconscious state in intensive care with severe injuries. He had a brain concussion. , broken nose, extensive hematoma. The doctors had to put several stitches on the head," lawyer Tatyana Okushko told the "Caucasian Knot" correspondent.
"During the detention, unknown persons in masks tortured him with an electric shocker in order to incriminate himself about committing grave and especially grave crimes. And then <...>, under fear of continued torture, he confessed to committing a crime," the addendum to the complaint says.
On December 25, 2019, lawyer Tatyana Okushko filed a petition for the protocol of Zakerzhaev’s lawyer questioning to be included in the materials of the criminal case and verification of his testimony given during the interrogation. On January 13, 2020, the petition was granted, but Zakerzhaev was never questioned by the investigator until his death. Thus, the complaint says, there are irremovable doubts about the reliability of Eldar Zakerzhaev's testimony.
The lawyer argues that, based on the analysis of the case materials, it follows that all the evidence of Daud Mamilov's guilt, to which the court refers in the verdict, "are defective" - each of them "has signs of either inadmissibility or irrelevance, and together they are not enough to to conclude that the defendants, including Mamilov, joined ISIS* as ordinary members and pledged not only to recruit people to the organization, but also to provide it with financial assistance.
The lawyer also noted in the complaint that the court concluded that Daudov was guilty and that the Dmitrovsky Jamaat had been created, without any evidence of the existence of the cell.
Under such circumstances, the sentence of the 2nd Western District Court, in violation of Article 297 of the Criminal Procedure Code of the Russian Federation, is illegal and unreasonable and must be canceled, the lawyer concluded.
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