Case on blowing up "Neva-Express" train in 2007 has lots of confusion, lawyers and convicts' relatives say

The advocates of the convicts for transportation of explosives to the place of explosion of the "Neva-Express" train in 2007 plan to appeal against the verdict of guilty and to apply to the European Court of Human Rights (ECtHR). Their relatives state that the litigation and the verdict were absurd, while detention of the defendants looked more like kidnapping and robbery.

Let us remind you that on March 31 the Supreme Court of Russia rejected the complaint lodged by the defence of the convicted residents of Ingushetia Salambek Dzakhkiev and Maksharip Khidriev on the case dealing with the first explosion of the "Neva-Express" train in 2007 and upheld the earlier verdict of the Novgorod Regional Court, according to which Dzakhkiev and Khidriev were acquitted under the article of "terrorism" were justified under article "terrorism". However, the Supreme Court found them guilty of illegal circulation of explosives. Thus, according to the verdict, Salambek Dzakhkiev got 10 years and Maksharip Khidriev four years of imprisonment.

Khidriev's relatives: Maksharip is there for no reason at all

Zharidat, wife of Khidriev's elder brother, believes that the litigation and the verdict were absurd by themselves, while the detention of the suspects looked more like kidnapping and robbery. "We had presented all the evidences of Maksharip's non-involvement in this case, but the court would not notice them. We had bagged about a hundred subscriptions of fellow villagers who saw him at work on that day," Zharidat Khidrievа told the "Caucasian Knot" correspondent.

She added that the investigation rejected their advocates and appointed their own ones. "There were many violations of the law by inspectors. Then, we all the same managed to return our lawyers back into the case," said the woman.

According to Khidriev's relatives, he had not known Salambek Dzakhkiev until they became defendants in one case.

Lawyer: there is no justice closer than Strasbourg

Murat Yunusov, advocate of one of the convicts - Maksharip Khidriev - has reported that now the verdict has entered its force. "We've heard the motivation part of the verdict so far; I think we'll receive the judicial disposition later. At the trial, the non-involvement of the defendants was proved; they have their alibi. The verdict has nothing to do with the actual circumstances of the case," Mr Yunusov told the "Caucasian Knot" correspondent.

According to his story, the verdict is illegitimate, since it is based on inadmissible proofs obtained in the course of preliminary investigation. "Many procedural violations were admitted. The identification was held illegally. The evidences of those who confirmed Khidriev's involvement were contradictory," said the lawyer.

He also gave his comments on the case about the second explosion of the "Neva-Express" train in 2009. He noted that some of those, accused of blowing up the "Neva-Express" train in 2009, were liquidated in the course of a special operation in Ekazhevo village on March 2 this year.

"Here, the investigation acted 'wiser'. Nobody fears any trials or complaints from the casualties. The investigation said: the case was not hopeless - we've solved it. However, the persons who should have been charged were dead. Simply in 2007 inspectors probably did not guess to 'match' some liquidated persons to the train explosion. Now, only in Strasbourg we hope to find justice. We plan to apply there within six months," the lawyer said.

Tamara Azarova, Salambek Dzahkiev's advocate, agreed with her colleague that there would be no justice for their client closer than Strasbourg. "The Supreme Court has upheld the verdict of the Novgorod Regional Court. We'll certainly lodge a supervisory complaint to the Supreme Court, but there's no special sense. For the first time in my practice a person was convicted without the presence of a criminal case," she said.

"Dzakhkiev was sentenced to four years allegedly for transportation of explosives together with Khidriev, and to nine more years - for robbery in Saransk. There, in 2003 a criminal case was initiated, but we didn't even see it. We were not given it. Probably, someone has been already convicted under that case. We asked the court to oblige the prosecution to present materials of that case at the judicial session, but our request was not satisfied," said Tamara Azarova.

She reminds that in the course of the trial both Dzakhkiev and Khidriev were acquitted under Article 205 of the Criminal Code of the Russian Federation (terrorism). "They left transportation of explosives from Moscow to Malaya Vishera, although already at the trial it was established that at the time when the explosive was brought, Dzakhkiev was in the Samara Region. He originates from the Malgobek District of Ingushetia. By the way, he is not a religious person, quite secular; therefore, it's difficult to link him with any radical activities. He's a businessman; and he has a lot of Russian friends, who confirmed his alibi. On the basis of these evidences he was acquitted under the article of terrorism," said the lawyer.

Ms Azarova noted that both Dzakhkiev and Khidriev underwent examination on a lie detector. In the course of this check it was confirmed that they had nothing to do with transportation of arms. "However, the Investigatory Committee had ignored these examinations. They wrote to us that there was a failure in the computer system, and these data were lost. Naturally, they could have been obtained anew, but we were rejected. The results of the examination were unfavourable for public prosecutors. They surely know that our clients are innocent," she said.

She noted another "interesting point". According to her story, prior to transfer the case to the court the General Prosecutor's Office of Russia should have approved the bill of particulars, but they didn't do it for absence of sufficient proofs. "The case was sent again to the Novgorod Region. And the local Prosecutor's Office approved it. In my opinion, it's unimaginable in a civilized state: the supervisory body has not approved the indictment, but the lower instance did the opposite; and the court, as a matter of fact, acted contrary to the Prosecutor's Office," said Ms Azarova.

In the meantime, Yunus and Murat Amirkhanov, natives of the Chechen city of Shali, are still kept at the SIZO of Solnechnogorsk near Moscow. Initially, they were detained as suspects in the case of blowing up the "Neva-Express" train; however, later, according to lawyer Nodar Duishvili, drugs were planted on them.

The Amirkhanovs were accused under Article 228 of the Criminal Code. "At interrogation they were asked about their possible travels to Tver in October or November 2009; but they failed to find fault with them in this sense, and then the militia, in order not to release so 'successfully' detained Chechens, planted hashish on them," lawyer Duishvili has reported.

The press service of the Chief Investigatory Committee at the Novgorod Prosecutor's Office refused to make comments and sent the "Caucasian Knot" correspondent to the Chief Investigatory Committee (ICPO) of the Russian Federation. There, however, having referred to the extreme importance of the case, they asked for a written request.