At trial on case of attack on Nalchik, four defendants not satisfied with results of examinations on use of torture against them

Yesterday, on October 9, at the trial on the case of the attack on Nalchik in 2005, prosecutors read out materials of examinations, conducted on the complaints of members of the "Shalushka" grouping, who claimed being subjected to physical force during detention and preliminary investigation. The materials denied such pressure on the defendants; however, they claimed the opposite at the trial.

The materials of examination with regard to Musa Soblirov, which were read out on October 9, stated that the forensic examination did not find any injuries on the defendant's body, and that during the examination of the fact of use of physical force against him by staff members of the Own Security Division of the Ministry of Internal Affairs (MIA) of the Kabardino-Balkarian Republic (KBR), Musa Soblirov himself explained that he was not subjected to any physical and psychological pressure.

Lawyer Murat Zekoreev drew the court's attention to the fact that the document did not specify the place where the explanation had been taken.

When asked by the court, whether he made such a statement, Musa Soblirov replied that he was interrogated at least fifty times, and all staff members failed to mention their names. Earlier, Musa Soblirov stated at the trial that he was not involved in the attack on Nalchik, although he was at the place.

The comprehensive psychiatric examination found Musa Soblirov completely sane. Its conclusion states that "at the moment of committing the crime", the defendant did not suffer from "mental disorder", he did not even get "a temporary morbid mental disorder", and he was "fully aware of the public danger of the nature of his acts."

The similar findings were made with regard to the rest of the grouping members.

The examination of use of unlawful physical force was held with regard to the defendants Murat Bapinaev, Murat Kashirgov, and brothers Kuchmenov.

According to the results of those examinations, the court pronounced decisions to dismiss the initiation of a criminal case "for absence of elements of crime".

All voiced documents stated that the defendants explained the presence of injuries by other causes and raised no claims against law enforcement officers.

In particular, according to the documents, Murat Bapinaev (earlier at the trial, he retracted his testimony, given during the preliminary investigation) explained the presence of injuries by "location in the isolation ward." The defendant himself argued that he was forced to say so.

The expert report stated that the Murat Bapinaev's body had "bruises on his head and body, which were formed by the action of a solid blunt object and which did not involve health problems."

In the courtroom, Murat Bapinaev explained that apart from those injuries, he got two broken ribs; however, the expert report failed to mention that fact.

When asked, how he could know about that, Murat Bapinaev replied that he himself was a doctor, and, besides, he received medical care in the SIZO (pre-trial prison). "They bandaged my chest to relieve pain," the defendant has noted.

The voiced materials indicated that the defendant Murat Kashirgov explained the presence of his bodily injuries by felling from bales of hay, which occurred two days prior to his arrest.

"The fact that I fell from the bales of hay is not true. And how I could fall to get that kind of injuries," Murat Kashirgov himself said at the trial.

The defendant Aslan Kuchmenov, who, according to the voiced materials, also explained the presence of injuries by the circumstances, not related to his detention, said in the courtroom that he challenged the decision not to initiate a criminal case on the facts of use of physical force against him. The court did not cancel the decision; however, according to the defendant, he continues to appeal against it.