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18:00, 9 June 2009

Trial on Nalchik attack postponed because of advocate's absence

The judicial session due today on the criminal case on attack on Nalchik on October 13, 2005, was cancelled because of absence of advocate Magomed Abubakarov, who left for Chechnya to take part in some other trial. His clients refused to be tried without him.

Olga Chibinyova, head of the prosecution group, was also against trial in the absence of advocate. "I find impossible to go on with the trial without advocate Abubakarov, since it can be regarded as an essential violation of his clients' rights," said Ms Chibinyova.

She spoke earlier too against interchangeability of advocates, which was in fact permanently used in the course of this trial. For lack of this or that advocate his or her duties were taken by some other advocate present. In the opinion of the prosecution, this is a violation of the Code of Criminal Procedure (CCP).

"We ask the court to send a presentation to the Bar against the current practice of advocates' interchangeability," Olga Chibinyova has stated.

The advocates have disagreed saying that their colleagues-substitutes have the same status; and interests of their clients do not intersect. "The law has no direct ban on advocates' interchangeability," said advocate Oleg Kelemetov.

Author: Luiza Orazaeva

Source: CK correspondent

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