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2024-02-05 Caucasus/Russia/Central Asia
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Sentence of a resident of Dagestan in the case of aiding militants was upheld
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Direct Translation via Google Translate. Edited.
[KavkazUzel] The cassation court upheld the sentence of Dagestan resident Mugutdin Gadzhiev, who was sentenced to eight years in prison on charges of aiding militants. The court found the defense's arguments about Gadzhiev's innocence unconvincing.
The Court of Cassation in Pyatigorsk approved the verdict of the Khasavyurt District Court to 33-year-old native of the village of Andirei Mugutdin Gadzhiev, who was sentenced to eight years in prison on charges of complicity in participation in an illegal armed group, Kavkaz.Realii reports today*.
The first sentence to Mugutdin Gadzhiev was made in 2021, then he was sentenced to eight years in prison with the first year served in prison. In the summer of 2022, the cassation court overturned the verdict and sent the case for review, but in the summer of 2023, the district court again sentenced Gadzhiev to eight years in prison, the publication writes.
According to investigators, in March 2020, Mugutdin Gadzhiev helped militants in the Khasavyurt region and his brother Mikail Gadzhiev, who was sentenced to nine years in prison for aiding militants and possessing a carbine handed over by them. Investigators claimed that Mugutdin Gadzhiev, at his brother’s request, gave him a lift in his car; on the way, the brother bought groceries at the store and then handed over the packages to the people who stopped the car.
The convicted brothers did not admit guilt, claiming torture by security forces, and abandoned their initial testimony, the publication says.
The hearing on the cassation appeal against the verdict took place on January 16, as indicated in the Gadzhiev case file on the website of the Fifth Court of Cassation. The case file was updated on January 25, it contains the text of the cassation ruling.
According to the document, the lawyer of the convicted person expressed disagreement with the court decisions, considering them illegal. “Indicates that Gadzhiev was found guilty of committing actions that he did not commit, and the commission of which was not charged to him; Gadzhiev was accused of aiding only his brother and was not accused of assisting other persons, of which he was found guilty,” it says in the publication.
The defense pointed out that Gadzhiev’s brother was convicted not for participation in an illegal armed group, but for aiding a participant, “while liability for aiding an accomplice of a member of an illegal armed group is not provided for by law.”
“The new charge was not discussed in court and was not supported by the prosecutor, the court arbitrarily changed the charge, violating the right to defense; Gadzhiev’s guilt in aiding other persons is not supported by evidence, the convict did not know them and had no communication with them, everything happened at the request of his brother, who himself was an accomplice, which Gadzhiev did not know about,” the defense’s position is given in the document.
The lawyer asked to cancel the court decisions and transfer the case for a new trial. However, the court found the defense’s arguments unconvincing and upheld the punishment imposed on Gadzhiev. “The lawyer’s arguments about obtaining confessions from both brothers under illegal influence, which entails their inadmissibility, were verified by the court of first instance and reasonedly rejected in the verdict, with which there is no reason to disagree. These arguments were the subject of a separate check and were not confirmed,” - it is stated, in particular, in the cassation ruling.
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Posted by badanov 2024-02-05 00:00||
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