The arrest of three suspects in the murder of Boris Nemtsov declared illegal. The Moscow City Court sent the case back for a new trial on the same Basmanny Court. As told to “Gazeta.ru” lawyer Khamzat Bakhaeva Zaurbek Sadahanov, the rights of all three accused were violated.
«The decision on a preventive measure took the same judge, and all this in a court session, and this serious violation of the Criminal Procedure Code – says Sadahanov. – So far we have not handed out a statement of reasons, and we do not know what specifically refers to the Moscow City Court, which specific provisions of the law violated but, of course, having studied them, to prepare a supplementary petition ».
According to the lawyer Sadahanova to his client Bakhaeva in the” Sailor’s silence, “he was able to get only the evening of 30 March, and until that time, despite the signed agreement, it would not let him.
«Khamzat Bakhaev from the beginning declared his innocence in the murder of Nemtsov, moreover, we have found a witness who all night – up to 11 days on March 1 was with him in the car, they are even in the center of Moscow is not out of town, it is easy to confirm the billing telephone calls – says the lawyer. – Investigator Krasnov know about this witness, but so far, to my knowledge, he was not questioned as a witness. As for the Bakhaeva, then he has no complaints, normal camera, violence was not used to it and did not require confessions ».
At the trial it became clear that another defendant – Tamerlane Eskerhanova – one kidney, and finding detention may seriously affect his health. Another vouch for him brother, confirmed that there is a video from the night club “Duran”, which was Eskerhanov Nemtsov night of the murder. And he’s just not physically able to be on the bridge near the Kremlin. One dating from Dadaev (Zaur Dadaev, according to investigators, shot Nemtsov) is not enough to keep him in custody, defense insisted in his complaint, which was read out in court.
A preventive measure Shadid Gubashevu (his brother Anzor According to investigators, was driving a car) should also be revised. Make it should be – on all three persons involved – until April 8.
The lawyer Arthur Ramazanov said “Gazeta.ru” that he doubted that the measure of restraint
«In practice, especially in high-profile cases, do not change the measure of restraint – the judge will fix serious violations for which they have the Moscow City Court and is likely to leave them behind bars,” – says Ramazanov .
The arrest also Zaur Dadaeva Moscow City Court upheld, although he said that the evidence of his involvement in the murder of politician given under torture. The same, he told members of the human rights defenders PMC Moscow Andrei Babushkin Merkachevoy and Eve when they visited him in the detention center.
The head of the Committee against Torture Igor Kalyapin in an interview with “Gazetoy.Ru” said his organization two weeks ago at the request of Dadaeva joined the case Nemtsov.
«Statement from Dadaeva received 2 weeks back through the PMC, he asks him to assist in connection with the actions of some unidentified persons, – said Igor Kalyapin. – In particular, he complained that the current is applied to it. We have sent a lawyer, but he was not allowed to him. Statement addressed Krasnov (the head of the investigative group Igor Krasnov – “Herald”) has not yet been reviewed, and a lawyer can not get to his principal. This is an outrage ».
As the Kalyapin, the current situation in the first place, can harm the investigation itself.
« Nobody says truthful statements Dadaeva or not. But it is a consequence of interest to them as soon as possible to check – says Kalyapin. – Dada and will continue to say that the testimony was obtained under torture, and when it will take time, it should be if they were to disappear, and no one can prove that Dadaeva not tortured. And the court his defense will raise the question of the legality of the investigation collected evidence ».
Boris Nemtsov was killed in the Greater Moscow River bridge on the night of February 28th. It got four bullets, he died on the spot. Were with him at that time a citizen of Ukraine Anna Duritskaya not affected. In committing the crime charged five people: Zaur Dadaev, Anzor Gubashev, Shagit Gubashev, Temirlan Eskerhanov and Khamzat Bach. At first they were accused of murder out of greed or self-employed, but later reclassified to “murder motivated by political, ideological, racial, ethnic or religious hatred».
The lawyer and friend of Boris Nemtsov Vadim Prokhorov also doubts that the
«We are not talking about the collapse of the criminal case – said Prokhorov,” the Newspaper “. – Preventive measure they took out on March 8, and the judge was jurist (lawyer in civil cases – “Herald”), hence such a blunder, which have the Moscow City Court – of course, in one court hearing all three preventive measure can not endure. This blunder and correct in the following sessions. The problem, in my opinion, in the other, I do not see in the dock or the customer nor the organizer of the crime. They probably need to look in Chechnya, but it is unclear whether the investigators an opportunity to reach them ».
Author: Elizabeth Maetnaya Dmitry Evstifeev
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