Mukhtar Mishaev. Photo: https://memohrc.org/ru/news_old/obvinenie-po-delu-uchastnika-mitinga-v-magase-hamhoeva-oglasilo-pokazaniya-svideteley

22 December 2024, 19:11

Compensation decrease for illegal prosecution violates rights of KBR resident

The court ruling, which awarded Madin Gubzhokov compensation of 30,000 roubles for unlawful criminal prosecution, is incomparable with the moral harm caused by the actions of Azamat Kyaov, a former law enforcer. The amount is ridiculous and should be appealed against, lawyers and human rights defenders have stated.

Madin Gubzhokov, the suffered party in the case of Azamat Kyaov, a former head of the search division at a ROVD (District Interior Division) of the Ministry of Internal Affairs (MIA) of the Kabardino-Balkarian Republic (KBR), had claimed 1.5 million roubles in moral compensation.

Azamat Kyaov had illegally bought a rifle and ammunition and hid the weapon in the house of a Madin Gubzhokov's relative. Wanting to improve his performance, Kyaov drew up a fictitious search protocol, persuading his acquaintances to sign it as search witnesses. Gubzhokov managed to achieve criminal prosecution of the policeman himself. In December 2022, the court sentenced Kyaov to two years of conditional freedom deprivation.

The awarded compensation of 30,000 roubles instead of the claimed 1.5 million violates Gubzhokov's rights, Valery Khatazhukov, a human rights defender, is sure. In his opinion, this ruling can be treated as exceptional. "In practice, the claimed compensation is always reduced by the court, but not by 50 times," he has noted.

Mukhtar Mishaev, an advocate, has pointed out that recently in the KBR, there have been very few examples of case fabrication, when law enforcers planted prohibited items on detainees.

Martin Kochesoko*, an activist, on the contrary, believes that the practice of planting items in order to fabricate cases in the republic has not become a thing of the past. "I know for sure that planting weapons and drugs in the KBR is systemic; and most likely, not only in this republic. This is done both for improving the statistics and to fabricate cases against undesirable people," he said.

In his opinion, it has become extremely difficult to achieve justice in the KBR. "Because the laws are not working in practice, or act in the interests of those in power," he has emphasized.

*Included by the Russian Ministry of Justice (MoJ) into the register of foreign agents.

This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on December 20, 2024 at 07:08 pm MSK. To access the full text of the article, click here.

Author: Roman Kuzhev Source: СK correspondent

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