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23:00, 1 October 2012

Dagestan: Prosecutor's Office returns Musa Musaadjiev's case for further investigation

Without the approval of the indictment, the Prosecutor's Office of the Khasavyurt District returned for further investigation the materials of the criminal case against Musa Musaadjiev, a resident of Dagestan, suspected of providing assistance to militants. This was reported by his lawyer Sapiyat Magomedova.

Let us remind you that Musa Musaadjiev, the resident of the village of Kostek was detained on May 21. According to the lawyer Sapiyat Magomedova, after that, staff members of the Khasavyurt OVD (Interior Division) beat Musa Musaadjiev for three days. His mother Rukuyat Musaadjieva claimed that the weapon, found during the search of their house, was planted by power agents and that witnesses, present during the search, were in a state of alcoholic intoxication. The Prosecutor's Office claimed lawfulness of the conducted search and absence of injuries on the detainee's body. The investigation into the case against Musa Musaadjiev was completed on August 25.

However, on October 1, it was reported that the Prosecutor's Office for the second time returned the materials of the case against Musa Musaadjiev to the republic's investigatory authorities without the approval of the indictment. This was told to the "Caucasian Knot" correspondent by Sapiyat Magomedova, the lawyer of the defendants. According to her, for the first time, the case was returned on September 11.

A source at the District Prosecutor's Office has explained that the case against Musa Musaadjiev was returned to the investigatory authorities for further investigation.

The lawyer Sapiyat Magomedova has added that she appealed today to the investigatory authorities of the Khasavyurt District and asked to separate the material on the fact of beating of Musa Musaadjiev by policemen and sent it to investigatory jurisdiction.

"The case materials contain medical records of Musa Musaadjiev, according to which, he was diagnosed with the condition after undergone traumatic brain injury, brain concussion, and contusion of the cervical spine. Besides, we have a response from the Khasavyurt SIZO (pre-trial prison) of June 6 to the lawyer's request. According to the response, while delivered to the SIZO, Musa Musaadjiev complained of headaches, dizziness, nausea, and pains in the lumbar region. In the evening of May 27, an ambulance was called for Musa Musaadjiev, he was provided with medical care and recommended to be consulted by a neurologist," Sapiyat Magomedova said.

However, she has noted that no decision was made with regard to the policemen concerning the fact of use of violence against Musa Musaadjiev, brought to the Division of the Ministry of Internal Affairs (MIA) in the Khasavyurt District, and "investigators failed to resolved the problem."

Besides, the lawyer also asked the investigatory authorities to send the material to initiate criminal proceedings against Police Major Soltan Musaadjiev, a brother of Musa Musaadjiev, under Article 302 (abuse of power), Article 285 (excess of power), and Article 286 (coercion of a suspect to testify) of the Criminal Code of the Russian Federation.

"In his testimony of June 6, Musa Musaadjiev indicates that Soltan Musaadjiev forced him by blackmail to testify and to waive legal services of the lawyer. It was revealed that the reason for long absence of the decision on that fact was the exertion of psychological pressure on Musa Musaadjiev to force him to give a confession to committing the crimes under Part 5Article 33, Part 2 Article 208 (providing assistance to members of armed formation, not established by federal law) of the Criminal Code of the Russian Federation for the sake of the investigation, that he did not commit. And when Musa declined the offer of the Police Major, then, in revenge, he was charged under Article 222 of the Criminal Code of the Russian Federation," the lawyer stated.

Police Major Soltan Musaadjiev refused to comment on the statement, voiced by the lawyer Sapiyat Magomedova.

Author: Karina Gadzhieva

Source: CK correspondent

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