In Dagestan, jury formed at trial about raping a minor

On September 20, the Supreme Court of Dagestan began a trial against Zhairula Umarov, who is suspected of committing a sexual assault against his minor stepchild. The defendant's advocate states gross violations in the course of investigation.

According to investigators, in summer of 2006 Umarov, took from home his infant stepson, born in 2000, and brought him to an unspecified hotel located in Khasavyurt, where he took a room, where they accommodated. The investigators believe that in the room Umarov used force and committed a sexual assault against the boy, causing damage to the latter - a rupture of soft tissues, says the indictment. Umarov was detained on August 14, 2011.

At the first hearing of the case a panel of jurymen was formed. The hearing on the merits was postponed till October 3.

Journalists were not allowed to enter the courtroom, as the hearing was held behind closed doors. However, the "Caucasian Knot" correspondent managed to listen to the audio records of the session.

At the session, an employee of the social centre for minors acted as a representative of the affected boy; however, Sapiyat Magomedova, the defendant's advocate, objected saying that the employee could not legally represent the rights of the victim, because she could not present a respective power of attorney.

Ms Magomedova said that she would seek to open a criminal case against the judge. "I reserve the right to address Alexander Bastrykin, Chairman of the Investigatory Committee of the Russian Federation (ICRF) and ask him to open a criminal case against you for illegal imprisonment of Umarov," Magomedova told the judge.

The judge advised the victim's representative to prepare the documents required for presenting the boy's interests at the trial and appointed the consideration of the case on the merits for October 3.

Magomedova: investigator never came to SIZO to question Umarov

Sapiyat Magomedova told the "Caucasian Knot" correspondent that initially the inquiry had been run by Gasan Omarov, an inspector from the Khasavyurt Inter-District Investigatory Department. On August 25, 2011, the Khasavyurt City Court ruled to put Umarov behind bars, but the accusation was brought against him on August 31.

Magomedova has noted that the materials of the case run that Umarov had refused to testify, although, "according to his words, just nobody came to question him." The lawyer also believes that her client's signatures were forged in a number of protocols.

"The investigator never came to SIZO to question Umarov; this is reflected in the response from the SIZO of Khasavyurt. Thus, it appears that as of today the accusation has not been presented to Umarov by the investigator; and he kept illegally in custody for more than a year. Moreover, on March 13, 2012, the head of the Investigatory Department for Dagestan withdrew the criminal case from the above investigator Omarov and delivered it, as explained by the decree of the above Department head of March 13, 2012, 'for a qualified investigation' to Investigatory Division Two of the above Department, where it arrived on March 15, 2012," said the advocate.

"Umarov is kept in custody illegally, since there is no court order to arrest him"

"On August 21, paying no attention to Umarov's demand to invite his advocates, Zakir Israfilov, a judge of the Supreme Court of Dagestan, conducted a court session and extended Umarov's custody by three more months," said Sapiyat Magomedova.

In her opinion, the judge had violated several provisions of the Code of Criminal Procedure.

"The judge of the Supreme Court ignored the fact that earlier Umarov's freedom restraint was decided by the investigator Gadjimagomedov, who did not apply to the court for a custody of as figurant in a newly opened criminal case. Accordingly, Umarov is kept in custody illegally, since there is no court order for his arrest," said Magomedova, stressing that the investigator had exceeded his official powers and illegally deprived Umarov of his freedom.

Magomedova has also noted that the judicial examinations on the case were conducted by the "Forensic Examination Bureau of the Ministry of Public Health of Dagestan" with violations.

"For example, the examination report of April 16, 2012, lacks the necessary remarks, in particular, the signature of the expert," she said.

Investigator: trial will show whether the case was falsified or not

Svetlana Cherevkhanova, the head of the body of guardianship of Khasavyurt, has assured the "Caucasian Knot" correspondent that the boy is now doing well.

"At the moment the child is in the Centre for Minors of Makhachkala; he feels good," she said.

Musa Gadjimagomedov, the investigator who had run Umarov's case, said that "the trial would show whether the case was fabricated or not." Gadjimagomedov also recommended addressing all the questions to the press service of the Investigatory Department.

Rasul Temirbekov, the assistant of the head of the Investigatory Department for contacts with mass media, also said that the court would assess the actions of the investigator.