16 April 2012, 22:10

Lawyer Mudunov accuses investigators of falsifying materials on Saidmagomedov's murder in Makhachkala

Members of the Bar Association "Kavkaz" from Makhachkala are blaming investigators of falsifying the circumstances of the death of the lawyer Omar Saidmagomedov and his relative Rasul Kurbanov.

At a press conference held on April 14 in the Human Rights Centre (HRC) "Memorial" in Makhachkala, the lawyers, in particular, refuted the official version of the investigating bodies stating that power agents had killed the casualties when the latter rendered armed resistance.

Let us remind you that in the evening on January 20 in Makhachkala, in Kotrova Street, two men were shot dead by gunfire. A lawyer's license of the City Bar Association "Kavkaz" to the name of Omar Saidmagomedov was found on one of them. According to investigators, policemen tried to stop a VAZ-21014 car, driven by Saidmagomedov, for inspection; however, his second cousin Rasul Kurbanov, who was in the car, opened fire on law enforcers, who shot dead both of them by return fire.

"Investigators tried to remove lawyers away from the case"

The lawyers involved in the independent investigation into what happened on January 20 in Kotrova Street were only recently admitted to the case, despite the fact that the investigation has been ongoing for three months already, Konstantin Mudunov, a lawyer from the "Kavkaz" Bar, said at the press conference.

Mr Mudunov has explained to the "Caucasian Knot" correspondent that the preliminary investigation into the case lasts for three months already.

According to his story, the "Kavkaz" lawyers, who were issued the warrants to conduct the case and who started working, have immediately faced the counteraction of the investigatory authorities of Dagestan.

"We could not find out who was conducting this murder case. Instead of responding to lawyers' requests, investigators began sending summons to me and lawyers Magomedov and Guchuchaliev, inviting us to interrogation as witnesses of the murder of our colleague. You needn't be a lawyer to understand the aim of this initiative - once we've been questioned as witnesses, then, we'll have no right to be lawyers in the case," said Mudunov.

In this regard, the lawyers filed a complaint against investigators' actions to the Bar Association of the Russian Federation, which, as noted by Mudunov, "poses one of the most important principles of lawyers' involvement in cases that under no circumstances they should act as witnesses". Konstantin Mudunov expressed an opinion that the main goal of investigators was to remove lawyers from the case.

After starting the case, lawyers demanded from investigators to initiate a criminal case on the fact of the murder of Omar Saidmagomedov and Rasul Kurbanov. "On the fact of the murder committed by law enforcers," Mr Mudunov has drawn special attention to this fact and added that "to this day, these petitions remain unattended."

"Kurbanov's relatives could be under pressure"

The Bar Association "Kavkaz" is defending only the interests of Umar Saidmagomedov, since relatives of Rasul Kurbanov refused from lawyers' services. Konstantin Mudunov has suggested that they could be under pressure, which had led to such a decision.

"I want to draw your attention to the fact that, when it came to a criminal case on the murder of Omar Saidmagomedov and Rasul Kurbanov, it was not announced that a murder attempt was committed also on Kurban Kurbanov, Rasul's father," said Mudunov.

According to his version, when Kurban Kurbanov heard the shooting, he wanted to go out of the yard to see what was happening, "they opened fire on him." Then, according to Mudunov, Kurbanov hid from the fire.

"Two statements on opening criminal case figure in the case files"

One statement was issued immediately after the incident, while the second one, in which many important facts on the case were "blurred and disappeared," came in later, said Konstantin Mudunov.

According to his story, the first statement was on initiating criminal proceedings under Article 317 of the Criminal Code of the Russian Federation (attempt on the life of a law enforcer).

"After I began writing complaints that I was not admitted to the case, I was given another, the 'second' and smoothed version of the statement on instituting criminal proceedings. Investigatory bodies are trying to blur up the main points of the case," said Mudunov and read out the text document, which refers to certain "power units of law enforcement bodies," which allegedly wanted to stop the car to check documents.

Konstantin Mudunov demonstrated video materials to confirm other inconsistencies in the official version.

"The casualties' car is riddled with bullets; however, there is not a single drop of blood inside. The blood is outside - nobody could do even a step in such a situation, while Rasul was accurately resting a few meters away from the car, at the gate of his house in slippers on his feet; a pack of cartridges is seen near his hand. Now, they want to convince us that Rasul, in his slippers and a pack of rounds was firing back at someone. And where's the firearm?" asked the lawyer.

Saidmagomedov was killed to intimidate all other members of the Bar "Kavkaz", Konstantin Mudunov believes.

"Saidmagomedov was killed with the aim to frighten all of us. We are engaged in an active and conscientious work to combat corruption right in the law enforcement and judicial systems; and many don't like it," said Mudunov.

At the end of the press conference, he assured reporters that he would soon make public other details of the crime, and expressed confidence that he would bring the case to the end.

"Omar Saidmagomedov's body had 23 wounds from exploding bullets; there was also a control shot"

Omar Saidmagomedov was shot dead from a heavy machine gun; then, a control shot was made, Akhmed Saidmagomedov, Omar's father, told the "Caucasian Knot" correspondent.

"The gunmen twice shouted out my son's name. When he turned around, they shot him point-blank from a machine gun. According to Islam, I myself washed the body of my son; and I counted 23 wounds from exploding bullets; they also made a control shot. And then I was summoned for interrogation as a witness; and they asked about the mosque that Omar visited. The problem of Dagestan is that when Moscow orders to take off a hat, Makhachkala readily takes off the hat together with the head," said Akhmed Saidmagomedov.

Elena Denisenko, a representative of the HRC "Memorial", who is also keeping track of how the investigation into the killing of Saidmagomedov and Kurbanov goes on, "fully agrees with the conclusions of the Bar Association on all the violations announced at the press conference."

Author: Karina Gadzhieva; Akhmed Magomedov Source: CK correspondents

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