At trial on case of attack on Nalchik, prosecutor demands arrest of defendants earlier released from custody

Today, after a three-month break, the hearings were resumed at the trial on the case of the attack on Nalchik on October 13, 2005. The representative of the public prosecution has demanded to keep the accused under the custody and arrest those defendants who were earlier released on recognizance not to leave.

Judge Galina Gorislavskaya, who chaired the process, set to discussion the possibility of extending the detention period for the defendants, which expires on September 26.

Olga Chibinyova, the head of the public prosecutors panel, has noted in her speech that nothing has changed over the time passed. The defendants are accused of committing serious and very serious crimes; they constitute a threat to the society.

According to the prosecutors, three defendants, who were earlier released on recognizance not to leave, - Kazbek Budtuev, Zalim Ulimbashev, and Sergey Kaziev should be taken into the custody. This position of the prosecutors was based on the facts that not all materials of the case against Kazbek Buduev accused of the attack on the OVD-2 (Interior Division) were examined, Zalim Ulimbashev, who was released for health reasons, took no medical treatment and failed to undergo surgery, and Sergey Kaziev, according to Olga Chibinyova, had no medical documents proving that he needed medical treatment at infectious deceases hospital.

Lawyers Zalim Dzagashtov, Oleg Kelemetov, and Lisa Shak did not agree with the prosecutors' opinion that nothing had changed over the past three months.

"The circumstances have changed; already three defendants have proven that their detention is not necessary. Actually, people, who were not proven guilty, are virtually imprisoned during five years!" said Zalim Dzagashtov.

Lawyer Lisa Shak stated that, according to the law, people could not be detained under the custody in SIZO (pre-trial prison) over 5 years, and asked the court to be objective.

"I ask you to release at least those who did not keep weapons in their hands," said the defendant Eduard Mironov.

The defendant Albiyan Malyshev asked to release him on recognizance not to leave. "I'm already six years in the most unpleasant place of this prison, and I've got no reproofs," he claimed.

The defendant Zaur Sokmyshev complained of feeling bad and no medical care provided.

Sergey Kaziev has emphasized that he is free for more than two months already, he has got no reproofs, and no reproofs will be in future. "I believe in the humanity of the court; therefore, I leave this issue entirely to the discretion of the court," stated Kaziev.

The court's decision about pre-trial restrictions for the 58 defendants will be announced at the next session, appointed for September 22.