17 November 2008, 10:27

In Dagestan, lawyers complain of being prosecuted by law enforcers

The appeal sent by Dagestan lawyers to the President of the Russian Federation (RF), federal law enforcement bodies and Human Rights Centre (HRC) "Memorial" states that criminal prosecution of lawyers on far-fetched grounds is inadmissible and can give rise to a dangerous tendency with political context and a threat to citizens' access to justice.

Lawyers draw attention to prosecution of the Bar members "Omarov, A. S., and Partners": Magomedova, Sapiyat Ahmedovna, and Omarov, Adilgerey Salgereevich.

Ms Magomedova told the "Caucasian Knot" correspondent that on September 22, 2008, she came to inspector Aidamirov, K. N., from the Khasavyurt MRSO of the Investigatory Department of the Investigatory Committee at the RF's Prosecutor's Office for Dagestan with a warrant to enter the criminal case to defend suspect Gadzhiev and get acquainted with the statement to initiate the criminal case and with other materials of the case, which is her right at this stage of investigation.

According to Sapiyat Magomedova, inspector Aidamirov, K. N., not just refused to accept the lawyer's warrant and to acquaint her with the materials of the case, but also offended her in obscene form. After Magomedova left the building of the Khasavyurt Prosecutor's Office, MRSO inspectors Aidamirov, K. N., and A. Arslankhanov filed applications stating that Magomedova had verbally offended them. They specified their colleagues Omaev, A. A., Bitarov, Yu. A., Temirkhanov, A. N., and Khizriev, K. Z., as eyewitnesses.

The above inspectors underline in their explanations and official reports in the context of their applications on attraction of Sapiyat Magomedova to criminal liability that Magomedova "has been bothering them by writing complaints and applications against their actions and decisions to various instances."

The Bar demands to check the legality of the refusal to initiate a criminal case in against inspector Aidamirov from the Khasavyurt MPSO on the fact of insulting lawyer Sapiyat Magomedova.

The lawyers' appeal also emphasizes that on July 7, 2008, a search was made under initiative of the FSB Department for the Republic of Dagestan in the house of lawyer Adilgirey Omarov. The statement of the Sovietskiy District Court of Makhachkala of July 7, 2008, this search was found to be illegal.

"However, until now no criminal case has been initiated against the FSB employees who conducted the illegal special operation and search in the house of the federal judge and the lawyer. This sort of pressure on advocates is inadmissible and can give rise to a dangerous tendency with political context and a threat to citizens' access to justice," runs the appeal.

Lawyer Sapiyat Magomedova also asserts that there is a real threat to her life from some employees of the law enforcement bodies.

"I hereby ask to take measures to inspectors Arslankhanov, A. D., Aidamirov, K. N., and Mirzabalaev, M. M., and to defend me from their prosecutions, since inspectors Arslankhanov and Aidamirov have directly threatened me with physical execution," said Ms Magomedova.

Author: Oleg Ionov, CK correspondent

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