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HR news |
16.08.2006
On August 16 2006 HRC “Memorial” in Nazran and Grozny received a statement from Zabrail Magomedovich Abubakarov, a lawyer of “Nizam” Attorney Chamber, who carried out defense of Adam Pidiev, accused of crimes stipulated by article 208 p.2 of the Criminal Code of the Russian Federation: “participation in illegal armed formations”. The statement explains that on 15.08.06 on the premises of ROVD of Urus-Martan district Abubakarov was attacked by the executive head of investigating department of Urus-Martan ROVD(District Department of Interior Ministry), Oumalatov M.S. Angered with the fact that Abubakarov mentioned him in his written complaints to the prosecution related to exertion of psychological pressure on Pidiev during preliminary investigations, Oumalatov first verbally abused Abubakarov and then physically attacked him and attempted to strangle him. During the last two years “Memorial” has closely cooperated with Abubakarov and knows him as a fearless, honest and principled lawyer, who consistently combats the practice of infliction of torture in Chechnya, has repeatedly won fabricated cases on terrorism and participation in illegal armed formations, has actively cooperated with human rights organizations, has delivered reports at the meetings of human rights organizations with Ms Arbour, the UN High Commissioner for Human Rights, and rapporteurs of European Committee for Prevention of Torture. “Memorial” calls on Russian and international human rights organizations to support the appeal of Abubakarov to instigate a criminal case against Oumalatov M.S. into insult and attack, and to transfer Pidiev A.M. from IVS of ROVD of Urus-Martanovsky district to SIZO-1 of Grozny, where Pidiev will be out of Oumalatov's reach. Below, please, find the full text of Abubakarov's statement. Please, forward your inquiries to the Prosecutor General of the Chechen Republic: +7-871-2-22-32-63, Prosecutor of Urus-Martan district: 8 871 45 22 Your calls expressing concern with the incident to the Prosecutor of the Chechen Republic Kuznetsov Valery Alekseevich will be much appreciated. +7 (8712) 22-31-43 22-21-44 It is important that we let brave and honest lawyers who fight for human rights in Chechnya feel our support.
Only together we can combat impunity in Chechnya!
To the Prosecutor General of the Russian Federation Chajka S. Copy: To the Prosecutor of the Chechen Republic Kuznetsov V.A. Copy: To the Prosecutor of Urus-Martan District Copy: To Ombudsman of the Russian Federation Loukin V.P. Copy: To Human Rights Center “Memorial” Copy: To the President of Attorneys Chamber “Nizam” Àbdulkadyrov Ya.Ou.
STATEMENT
ROVD of Urus-Martan District of Chechnya carries out a criminal case against my client Pidiev Adam Mustafaevich, whom I defend in compliance with the contract since May 2006. On August 15 2006 at around 2 p.m. I arrived to the ROVD of Urus-Martan district to participate in investigating activities with my defendant Pidiev A.M. In the course of investigating procedure I filed three petitions, a number of documents were attached to the materials of the case, which were essential to the course of investigations. After that the senior investigator of ROVD of Urus- Martan district the major of jurisprudence Margiev R., who was responsible for investigation of this case offered me to review the materials of the case according to article 217 of the Criminal Procedural Code of the Russian Federation. Having reviewed the materials I filed another petition to attach materials to the criminal case, after which we (Pidiev A.M. and me) signed the protocol of reviewing the materials of the criminal case in the IVS of Urus- Martan ROVD. Having carried out the above mentioned investigating activities the investigator Margiev R. and I went up to the second floor in order to make a copy of one document which was of interest to me. Having copied the document I parted with investigator Margiev R., who left his office together with me and headed towards the exit of the ROVD building. 2-3 doors away from the office of Margiev R. I noticed through the opened door several employees of the ROVD, whom I knew. I entered the room, greeted all of them, there were five men in the room. Two of them I knew well, they were executive head of investigation of ROVD of Urus-Martan district Oumalatov M.S. and an employee of ROVD (investigator) named Said Magomed, the rest of the men I knew by face. I would like to add that previously the investigation on Pidiev case was carried out by Oumalatov M.S. When I leaving the room, I was called by Oumalatov, who in a harsh tone asked me why had I mentioned his name in my written complaints, to which I responded that during preliminary investigations on the case he exerted psychological pressure on my defendant, namely during interrogations in the capacity of the accused, that is why in the protocol in the column “statements” I mentioned the exertion of psychological pressure on Pidiev, in addition I submitted another statement requesting an additional interrogation of Pidiev in SIZO-1 of Grozny. Oumalatov responded to me in a rough tone, verbally abused Pidiev A.M. and myself, after which he jumped up and attacked me, hit me on the face with his hand, which resulted in my sunglasses fall on the floor of the room, then he immediately grasped me with one hand on the throat and tried to hit me with the second hand. I tried to step back, seized his hand with which he was throttled me, with the second hand I tried to protect myself from the second blow. At that point we were near the entrance to the room, behind me in the passageway between the two rooms was standing the investigator Margiev R., with whom we had carried out investigating activities; he saw everything that was happening. The second acquaintance of mine named Said-Magomed came up to Oumalatov M-S and tried to calm him down. However, Oumalatov would not listen to him or to anyone else. I tried to leave but he would not release me. As a result of combat I managed to move towards the stairs and release myself, and I started to descend the stairs. Oumalatov was screaming obscenities in my back, suggested that I get outside with him to sort things out tete-a-tete. Descending the stairs I told him that he committed a grave mistake and I was not going to leave things this way. I left the building of ROVD of Urus-Martan district, got into my car ÂÀÇ 21099, then I was approached by Pidiev's uncle Khajrov Baiali. He was waiting for me, because he requested a meeting with his nephew and I had his passport, which I took to investigator Margiev R., in order to have him process permission for this meeting. At that moment I was approached by one of the ROVD employees, who was in the room when I was attacked by Oumalatov M.S. He brought my sunglasses, which fell of my head in the room, when Oumalatov hit me with his hand. I told him that he should tell Oumalatov that I would not leave this incident without attention and he would be held responsible with all strictness of the law. This investigator asked me to come up to the second floor and sort things out with him myself and not to involve him in this case. After that I left. In my car was the uncle of Pidiev A.M. Khajrov Bajali, whom I told about Oumalatov's attack on me.
Respected Prosecutor!
I consider that the executive head of investigating department of ROVD of Urus-Martan district of the Chechen Republic Oumalatov M.- S. in his actions has committed a criminal action, I relation to which I ask to instigate a criminal case against Oumalatov M.S into the fact of heavy verbal abuse and factual attack on defense lawyer of Attorney's Chamber “Nizam”of the Chechen Republic, Abubakarov Zabrail Magomedovich, i.e. myself.
I also ask you to immediately take measures in order to transfer my client Pidiev A.M. to the SIZO-1 of Grozny, since being in IVS of ROVD of Urus-Martan district Pidiev M.A. can be subjected to physical violence by Oumalatov M-S who might want to project his anger on Pidiev. Respectfully, Abubakarov Z.M. Lawyer of Attorneys Chamber “Nizam” ChR Grozny, Pervomayskaya 85/ 144
