The court has satisfied the complaint of the former prisoner of GuantanamoYesterday court of Nalchik has cancelled the decision gorprokuratury, refused criminal case excitation under the complaint to tortures in a pre-trial detention centre of the former prisoner of Guantanamo Rasula Kudaeva arrested within the limits of investigation of armed attack to Nalchik in 2005. In the complaint it is said that refusal is unreasonable, because on a consequence to mister Kudaevu applied violence. Its protection asks to involve for it in a criminal liability of law enforcement officers.
consideration of the complaint of the native of the settlement Hasanja Rasula Kudaeva arrested in the autumn of 2005 on suspicion in partnership in an attack to Nalchik in October of the same year, has begun in capital Kabardino city court - Balkarii past Tuesday and has lasted three days. In the complaint to the decision of the Office of Public Prosecutor, refused to file criminal charges concerning torturing Rasula Kudaeva of the law enforcement officers, submitted lawyer Magomedom Abubakarovym, it is said that refusal in criminal case excitation is unreasonable, because to Rasulu Kudaevu, to the former prisoner of the American prison in Guantanamo, tortures were applied, as during detention, and during the investigation.
as lawyer Abubakarov, on October, 28th, 2005 " confirms; some persons dressed in civil and kamuflirovannuju clothes “ have put on a head of Rasulu Kudaevu a black plastic package and have taken out it from pre-trial detention centre territory. It have brought in “ earlier unfamiliar place “ also have got in an office located on the second floor. There mister Kudaeva began to interrogate, having demanded a recognition in armed attack to Nalchik and the information on hiding places with the weapon. Having been refused, law enforcement officers began to beat the suspect. Then it have taken away in sports hall, have suspended on handcuffs and have continued to beat until mister Kudaev has not fainted. The conclusion was applied on the complaint of lawyer Abubakarova is judicial - the medical examination, confirming presence on a body of Rasula Kudaeva of plural traces of a beating. Besides, the lawyer petitioned for familiarising with business of the statement of the person on remand that he can identify beating it and knows, how them call. The judge of city court of Nalchik Igor Lokov has surveyed also the photos given by lawyer Abubakarovym on which traces of a beating on person Rasula Kudaeva are clearly visible.
For the second day of hearings in court has acted the witness of protection, the former lawyer Rasula Kudaeva Irina Komissarova. She has declared that it have admitted to mister Kudaevu only for the second day after detention and when she at last has seen the client, it has already been cruelly beaten. “ all body of Rasula Kudaeva was in bruises and grazes “ - has told witness Komissarova and has added that at the first meeting in a pre-trial detention centre the client has told to it that him beat all night long and, being afraid for the life, he has been compelled to sign grateful indications. Irina Komissarova has noticed also that the person on remand was refused in guaranteed by the Constitution of the Russian Federation by) (items 51) the right not to testify against themselves.
the Lawyer, made in Office of Public Prosecutor the complaint concerning application to mister Kudaevu of unlawful methods of conducting a consequence, itself has been interrogated as the witness on the case of an attack to Nalchik and on this basis it is discharged of business conducting. The Office of Public Prosecutor also has refused Irina Komissarovoj`s similar to those complaint which was submitted by lawyer Abubakarov, having given reason for it absence in actions of law enforcement officers of structure of a crime.
yesterday representatives of a consequence present at session did not deny that to Rasulu Kudaevu the violence was applied. However, as they said, “ physical influence “ was not beyond the law “ About militia “ supposing “ application of receptions of hand-to-hand fight in case the detained shows resistance “. Representatives of Office of Public Prosecutor asserted also that the court does not have bases for satisfaction of the complaint of Rasula Kudaeva. Nevertheless judge Lokov, having heard arguments of the parties, has cancelled the decision of Office of Public Prosecutor of Nalchik which has refused excitation of criminal case concerning law enforcement officers, the torturing person on remand, and has directed the complaint to new consideration.
will continue to watch business of Rasula Kudaeva.