Sapiyat Magomedova, beaten by militia in Dagestan, remains under recognizance not to leave

Since September 30, lawyer Sapiyat Magomedova, who was attacked and beaten by militiamen in the city of Khasavyurt, is under recognizance not to leave. The investigator who is running the case initiated under the claim of one of the militiamen, involved in the incident, believes that the lawyer can escape or hamper the preliminary investigation.

On July 1, a criminal case No. 06836 was initiated on the fact of Magomedova's beating on the offence attributes assumed under point "a", part 3 of Article 286 of the Criminal Code (abuse of official powers) against employees of the special fire group of the patrol-post service of the Khasavyurt GOVD (City Interior Department). However, as written in the statement of the Human Rights Centre (HRC) "Memorial" that arrived to the office of the "Caucasian Knot", on the following day another criminal case was opened against Magomedova under Article 319 (insult of state servant).

On September 30, Magomedova was summoned to the Investigatory Department for Dagestan of the Russian ICPO (Investigatory Committee at the Prosecutor's Office), where she was questioned about the details of the incident on June 17. Also, inspector Kh. Aslangeraev acquainted the victim with the statements on appointing forensic-medical examinations. The statements said that examinations were needed for defining the degree of harm caused to militiaman B. Magdiev and to the victim herself.

Ms Magomedova challenged the expert of the State Institution (SI) "Republic's Bureau of Forensic-Medical Examinations" of Dagestan, since she did not trust this institution in making examination.

On that very day, inspector Baulov prescribed recognizance not to leave in relation to Magomedova. According to rights defenders, the measure was chosen in order to prevent Magomedova from going outside Dagestan and more effectively defend her rights and interests.

At the same time, no freedom restriction measures were chosen in relation to the militiamen, who had beaten Magomedova. The investigator explained that the circle of suspects was not defined; and he did not know whom to apply measures to. Also, he said that the militiamen had not even been obliged to appear, and they were not removed from their positions for the time of investigation.

Magomedova herself believes that in Dagestan the fact of her beating will be never objectively investigated; and the case will be reversed against her.

According to her story, investigator Aslangeraev himself asked Magomedova to challenge him, as he was given a chance to hold a fair investigation: high-ranking bosses in the republic demand from him to turn the materials of the case in favour of the militiamen.

So far, no official comments of Aslangeraev and law enforcement officials were available.

The story of beating lawyer Sapiyat Magomedova has also affected her client Malika Evtemirova. The case against her was returned to investigator Stambulov. According to Evtemirova, the latter threatened her, saying that he would do everything for her conviction and that "Moscow would not help her." In early October 2010, Evtemirova was put on the federal wanted list, although she never tried to escape and is not hiding from the investigation; she is at home; neither she, nor here defender was summoned; even her freedom was not restricted by the recognizance not to leave, the HRC "Memorial" reports.