16 October 2012, 22:10

ECtHR accepts complaint in case against Chechen resident, sentenced for involvement in IAF

The ECtHR accepted for consideration the complaint, filed by Tabarik Chudalova, the mother of Muslim Chudalov, who was accused of involvement in illegal armed formations (IAF) and attempted murder of law enforcement officers and who was sentenced to 21 years of imprisonment. The mother of the convicted man claims that he is subjected to torture and that he is not involved in any of the crimes, of which he is accused.

Muslim Chudalov was sentenced under Article 317 (attempt on life of a law enforcement officer, a military man) and under Part 5, Article 69 (sentencing for cumulative offences), of the Criminal Code of the Russian Federation. The complainant in the case "Muslim Chudalov vs. Russia" in the ECtHR is being represented by the non-commercial organization (NCO) "Legal Initiative in Russia".

Complainant requests to assign priority to Muslim Chudalov's case

The "Caucasian Knot" correspondent was told by Anastasia Kushleiko, the representative of the NGO "Legal protection for Russia", that the necessary documents had been prepared and the motion was submitted to the ECtHR to assign priority to the case to expedite the consideration of the complaint, filed by Tabarik Chudalova, since the life of her son was at concrete risk.

Tabarik Chudalova claims that she has evidence of innocence of her son.

According to the mother of the convicted man, the innocence of her son is confirmed by the fact that "people, with whom Muslim allegedly committed crimes against law enforcement officers, have been killed." "Muslim was sentenced to 25 years of imprisonment. We have filed an appeal to the Supreme Court of Russia. The Court pronounced a minimum reduction of sentence, and, in principle, it upheld the decision of the Supreme Court of the Chechen Republic," Tabarik Chudalova said.

Muslim Chudalov claims being tortured in prison

In his complaint, addressed to lawyer Abubakar Manaev, the convict Muslim Chudalov himself writes that beating of him and other inmates was started in the morning of 25 April. "They hung me by handcuffs and began to beat me with batons. Under that torture, I lost consciousness. They brought a doctor to me. She measured my blood pressure and gave me an injection. After that, they again hung me and began to beat me. After some time, I felt heartache. They again brought me the doctor, and she gave me an injection. They again started to beat me and recorded that on video. They are A. Kibalko, Chief of the Department of the Federal Penitentiary Service of the Russian Federation (known as FSIN) in the Saratov Region, S. Devyatkin, Chief of the Federal Budget Institution FKU IK-4 (Correctional Colony), and D. Shalagin and B. Rozhkov, staff members of the FKU IK-4. On the other day, D. Petrakov, Ensign of Internal Service, continued 'educational process', which was started earlier by his superiors," stated the complaint of the convicted man.

"The administration of the IK-4 did not want to allow me visiting my client. And only after the intervention of the Prosecutor's Office, I was given the opportunity to meet Muslim. When I saw him on May 11, I was shocked by his appearance. Even two weeks later, his body had numerous bruises on the face, in the back, arms, and legs. His joint of the left shoulder was damaged, and his hands had marks of handcuff, " the "Caucasian Knot" was told by lawyer Abubakar Manaev.

FSIN Department denies violations committed by prison personnel

The lawyer believes that "personnel of IK-4 commit arbitrariness, since they believe in their impunity." "Colonel Devyatkin, Chief of the FKU IK-4 cynically told me, the lawyer, that he beat and would beat the convict Chudalov, but now he would do it according to the law, that is, leaving no bruises," Abubakar Manaev said.

The lawyer sent a complaint to Mikhail Brovkin, Prosecutor for law compliance in penitentiary institutions of the Saratov Region. In his turn, the Prosecutor sent it for inspection to the Pugachov Inter-District Investigatory Division of the Investigatory Department of the Investigatory Committee of the Russian Federation (ICRF) for the Saratov Region (the IK-4 is located in the town of Pugachov of the Saratov Region, note of the "Caucasian Knot"). The inspection was commissioned to Senior Lieutenant A. Korshunov, Senior Investigator.

According to the document, completed after the inspection, "the actions of S.A. Devyatkin, D.A. Shalagin, V. M. Rozhkov, and A. N. Kibalko, staff members of the FKU IK-4 of the Russian FSIN Department in the Saratov Region, contain no elements of crime under Article 286 of the Criminal Code of the Russian Federation, since the above listed staff members did not use physical force against convicts."

The document also states that the use of special means "PR-73" and handcuffs "BRS" against convicts by FKU staff members was lawful and justified.

Author: Tatiana Gantimurova Source: CK correspondent

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