Freedom restriction of Chechen native, accused of trying to sell drugs, extended in absence of advocate

According to Svetlana Gannushkina, the chair of the Committee "Civil Assistance" and a member of the Board of the HRC "Memorial", the custody of Malkho Bisultanov, a native of Chechnya, who was detained in the territory of the "Mosfilm" Studio and accused of trying to sell drugs, was extended for the fifth time; and this was done without the presence of a lawyer.

After the decision to put him behind bars made on November 26, 2011, it was extended on January 13, February 17, March 23 and April 24. Now, on May 11, the extension decision was made without the participation of the defence, Ms Gannushkina has added.

In 2005, Malkho Bisultanov, born in 1971, was granted a residence permit in Ukraine, where he lived with his family and was engaged in fish business. Bisultanov lived an active social life: he was a freelance reporter of the local "Vasha Gazeta", and was a member of the Public Anti-Corruption Committee and an honorary blood donor.

On November 25, 2011, Bisultanov was detained in the territory of the "Mosfilm" Studio, where he came to take part in the movie under invitation through the social network "Odnoklassniki" (Schoolmates) from a certain Alexander Sheremetyev. At the OVD (Interior Division) Ramenki, Bisultanov was explained that he had been detained as a witness within a criminal case against Timirgiraev and Mandaraev, charged with extortion under point "b", Part 3, Article 163, of the Russian Criminal Code.

When an investigator appeared, one of the policemen asked if there was anything illegal in Bisultanov's bag. Malkho answered in the negative. He was searched and from somewhere behind a transparent plastic bag with amphetamine appeared.

On November 26, 2011, Bisultanov was brought to the Nikulino District Court of Moscow, where Judge Valentina Komarova ruled to put him in custody for two months. She disregarded the fact that Bisultanov has four minor children, no criminal record and other positive qualities of the suspect, confirmed by written references.

On January 20, Malkho Bisultanov was charged under Part 1, Article 30, and Part 3, Article 228.1, of the Criminal Code of attempted sale of plenty of drugs. The assumed penalty under these charges is from eight to twenty years of imprisonment. In the near future, an examination conclusion will be available of Bisultanov's belongings for the presence of amphetamine traces and of drug packages for the presence of his fingerprints.

On April 23, Bisultanov's case was united with that of Timirgiraev and Mandaraev.

Malkho Bisultanov appealed to the Investigatory Department of the Investigatory Committee of the Russian Federation (ICRF) against the illegal actions of policemen; however, the initiation of their criminal prosecution was rejected. This refusal was appealed against at the Investigatory Committee of the ICRF for Moscow. Bisultanov's interests are presented by lawyers Abusupyan Gaitaev and Rosa Magomedova; the defence is supported by the Committee "Civil Assistance" and HRC "Memorial".