SC of Dagestan rejects Khaibulayev's complaint against magistrate and federal judges

Judge of the Supreme Court of Dagestan Baimurza Gadjiev has rejected the complaint lodged by Khaibula Khaibulayev, a resident of Karat village, Akhvakh District of Dagestan, against the actions of the magistrate and federal judges of the Botlikh District, who had fined him.

The claimant states that Gadjiev has failed even to get into the essence of the incident, when two years ago, according to his story, he was beaten by Labazan Derbishev, head of the criminal investigation department of the Botlikh District; then, magistrate judge of the Botlikh District Dzhalaludin Nabiev fined Khaibulayev, while Shumaisat Omarova, chair of the Federal Court of the Botlikh District upheld the decision of her colleague.

"In particular, I wrote to the Qualification Board of Judges of Dagestan that I had never recalled my appeal complaint, since in that period I took my treatment at the residence, but Gadjiev again writes that I had recalled it. He also notes that allegedly the federal judge, when considering my complaint, had twice informed me about the time of the hearings, but I failed to appear. This statement has nothing to do with reality. Nobody ever invited me to the judicial session. It can be checked up in five minutes, by looking through the court summons," said Khaibulayev.

His advocate Abdurashid Sheikhov added the story of his client: "In early winter I telephoned to the federal court of the Botlikh District. The judge was not there, and his secretary answered; I asked her to inform me about the date of start of the session. She promised to do it but never called back."

Mr Khaibulayev and his lawyer believe that the judge of the Supreme Court is sheltering illegal actions of his colleagues.

In his turn, Baimurza Gadjiev told the "Caucasian Knot" correspondent that both the magistrate and federal judges made no mistakes; and when asked, whether there was summon addressed to Khaibulayev in the case files, the judge stated that "journalist was not inspector to interrogate the judge" and hung up. Both the magistrate and federal courts of the Botlikh District copied his actions.

Khaibulayev and Sheikhov expressed their intention to apply to other instances.