Yesterday attorneys five defendants in the murder of opposition leader Boris Nemtsov tried to appeal to the Moscow City Court on the content of their clients in custody. The main argument of the defense was failure to prove the charges against the defendants charges. The representative of the TFR, in turn, systematically urged the court that the role of each of the prisoners in the crime described in detail “cooperate with the investigation,” the alleged killer Zaur Dadaev. The court eventually sided with the TFR, however, when the word was given to Mr. Dadaev, he said that he incriminated himself and associates under torture.
The most striking in court was perhaps the performance of well-known lawyer and human rights activist Rosa Magomedova. Speaking about the illegality of the arrest of his client Temerlana Eskerhanova, Mrs. Magomedov noted that elected him a measure of restraint Basmanny district court did not verify the validity of the result of suspicion. Mr. Eskerhanov, according to the counsel, came to the company under investigation and was charged with murder in the future and arms trafficking (ch. 2, Art. 105 and p. 3 art. 222 of the Criminal Code) only because they were in the time of their arrest in an apartment fan-street, which removed the other defendants. According to the lawyer Magomedova, justifying the need for the arrest of her client, the TFR has not provided the Basmanny Court no “real and reasonable” evidence of his involvement in the murder, but was limited to general assumptions.
requesting the Moscow City Court to change the measure of restraint for accused Eskerhanova, Rose Magomedov said that her client has an alibi as to the time of the murder, and in those days, in which, investigators for Mr. Nemtsov was shadowed. The fact that Mr. Eskerhanov working, according to his lawyer, a private security guard, was almost constantly on duty in public places.
In making its decision, the Basmanny Court, as suggested by the defender Magomedov, do not take into account the identity of the accused, who resides in the Moscow region, works and has no dependent children. Finally, for Mr. Eskerhanova, according to his lawyer, was ready to vouch specially arrived yesterday process brother Ruslan – a retired Lieutenant Colonel Interior Ministry and a very respected man in Chechnya.
At the end of her speech, Mrs. Magomedov and led another argument, promulgated in “Kommersant” on March 26. Defender noted that the preventive measure her client was elected at a meeting of the Basmanny Court not individually, as required by law, and “collective” – in the same process with the other two suspects.
Around the same sense in favor and two other lawyers of the accused taken into custody Basmanny court at the request of TFR – Shadid Gubasheva and Khamzat Bakhaeva. All their arguments are, in fact, reduced to the unfounded charges against their clients and charges a formal approach to the district court restrictions. There allegedly did not consider past achievements under investigation, poor health, whether they have children and so on. In the final part of all speeches on the inadmissibility of the group reported the arrest.
It should be noted that the main argument of the defense – a weak evidence base charges – as systematically refutes representing the trial TFR investigator Anton Migunova. Responding to claims lawyers, Mr. Migunov whenever offered them not to jump to conclusions and wait for the end of the investigation – then they say, they will have the opportunity to read in detail with the collected evidence. Produce the evidence in the TFR representative refused, citing the investigation secret, however, assured the court that the involvement in the murder of prisoners confirmed by the results of operational-investigative activity, examinations carried out searches and, most importantly, the testimony of the alleged killer Dadaeva Zaur, who has taken a course to “cooperate with the investigation.” The need for detention investigator explained, in particular, the fact that the infringement was a custom character, and the investigation has yet to establish and track customer murder Boris Nemtsov.
Repentance main accused, obviously impressed by the Moscow City Court Judge George Pasyunin, and he eventually took the side of the TFR. The chairman, however, adjusted their district colleague found a violation of the “collective” the arrest of three alleged accomplices. The decision of the Basmanny Court of him Mr. Pasyunin canceled by sending materials to the same court for a new trial. At the same time he left untried Bakhaeva, Eskerhanova and Shadid Gubasheva custody until April 8, thus giving the district judges week to fix their mistakes.
Interestingly, at the beginning of next, the fourth meeting of the Moscow City Court crowd waited sensation. Barely waited until the defender will their arguments in favor of his release, Zaur Dadaev, on confessions which actually builds all criminal proceedings, suddenly announced that at the time of the murder of Boris Nemtsov, “was his area.” He obviously meant Matveevskoe Moscow district, where most of the defendants rented apartments.
“For me there is no video and testimony, – said the court alleged killer.- Even the only witness to the murder I did not recognize.” Here we are, apparently, was a young man by the name of Eugene, who witnessed the tragic events that took place in the evening on February 27 at the Grand Moscow River bridge in the center of Moscow. Description killer Boris Nemtsov, this Eugene, gives reason to doubt that it was Zaur Dadaev (detail of his testimony “b” said March 27).
According to the alleged “cooperating” with the investigation prisoner, all the charges against him and the other defendants were built entirely on his own testimony given immediately after the arrest. “Actually, I was not detained on 7 March, and kidnapped two days earlier – said in court Zaur Dadaev.- What happened to me during these two days, I do not remember. I only know that I have been told what to say and where to say “.
Recall that, according to the explanation that the defendant gave Dadaev earlier human rights defenders, some people in black uniforms, detained him on the outskirts of the capital of Ingushetia, forced him to take over the murder of Boris Nemtsov . Beating and intimidating his prisoner, unknown allegedly forced him to memorize set out their version of events, and then retell it under the video.
After a strange statement supposedly repentant killer investigator Anton Migunov and the presence of a representative of the Prosecutor General promised to process check information they contained. However, this situation still did not prevent them from insisting on the fact that Zaur Dada and another alleged accomplice in the crime – Anzor Gubashev remained under arrest. The Moscow City Court ultimately agreed with police officers.
lawyer Zaur Dadaeva intended Ivan Gerasimov said the “b”, he does not see serious contradictions in earlier testimony and court performance of his client. “The denial of guilt is a form of cooperation with the investigation – said zaschitnik.- After stating his innocence in the murder of a man saves a consequence of the need to develop a false trail, it saves time and allows so quickly reach the real criminals.”
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