The South Ossetian prosecutor's office has promised to appeal the case of Dzhabiev's death
According to the head of the department, Grigory Sobaev, the prosecutor's office requested a harsher sentence for the security forces accused of Inal Dzhabiev's death.
As reported by the " Caucasian Knot ," on October 2, the Tskhinvali City Court found all defendants in the case of Inal Dzhabiev's death guilty. Five of them were sentenced to prison terms ranging from three to five years: three (Dzhumber Bibilov, Alan Bagayev, and Andrei Dzhioyev) were arrested in the courtroom, and two others were given credit for time served in custody. The court imposed fines on two former security officials, but released them from payment due to the expiration of the statute of limitations. After the verdict was announced, about 10 relatives of the convicted men gathered in the central square in Tskhinvali.
Inal Dzhabiev died in August 2020 after being arrested in connection with the assassination attempt on South Ossetian Interior Minister Igor Naniev. The Tskhinvali City Court has been hearing the case of Inal Dzhabiev's death since October 2023. On July 15, 2022, the Supreme Court of South Ossetia acquitted Dzhabiev of the assassination attempt, and the Tskhinvali City Court ordered the payment of two million rubles in compensation for moral damages to his family.
The South Ossetian Prosecutor General's Office disagrees with the court's final verdict in the death of republic resident Inal Dzhabiev. Grigory Sobaev, head of the oversight agency, announced this today at a parliamentary session.
"The prosecutor's office sent the case to court on charges of committing a crime under Part 3 of Article 286 of the Russian Criminal Code. Punishment under this article carries a sentence of up to ten years in prison. On October 2, the court rendered its verdict. We cannot yet explain the reasons for its decisions, as we have not yet received the text of the verdict. However, we already express our disagreement with this judicial decision, as there have been reclassifications of the charges, which, in the prosecution's opinion, should not have occurred," Res quotes Sobaev as saying.
After the verdict was announced, the representative of the injured party, Fatima Gatagonova, stated that she would definitely file a cassation appeal against the court's decision.
He emphasized that the positions of the prosecutor's office and the court disagreed. "The position we defended and requested—nine years' imprisonment for each of the three counts—was not accepted by the court. After reviewing the verdict, we will decide how to appeal it," Sobaev noted.
According to the Prosecutor General, in 2021, the court returned the criminal case materials, citing that the description of the crime and its classification did not match the case materials. "The court requested that the prosecutor's office not send materials on the first part of this article, stating that the case pertains to part 3. And now we are perplexed: what has changed? Back then, it classified the crime under part 3, and today, under part 1? We don't yet know the answer to this question, as we haven't read the verdict," the head of the Prosecutor General's Office stated.
It should be noted that the first part of Article 286 of the Criminal Code, "Abuse of Official Authority," provides for imprisonment for up to four years. Part 3 provides for imprisonment for a term of three to ten years and applies in cases of abuse of authority: involving the use of violence or the threat of violence; using weapons or special means; causing grave consequences; committed by a group of persons, a group acting in concert, or an organized group.
The "Caucasian Knot" has prepared a report entitled " The Inal Dzhabiev Case: Death in Police Service, Protests, and Crisis ."
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/416131