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Caucasus/Russia/Central Asia
A native of Chechnya was denied the challenge of a judge in the case of justifying terrorism
2023-02-22
Direct Translation via Google Translate. Edited.
[KavkazUzel] The defense of Ibragim Khachukaev, a native of Chechnya, accused of justifying terrorism, sought to mitigate the preventive measure and challenge the judge, but the Supreme Court of Chechnya upheld the decision to extend Khachukaev's arrest and found no grounds for challenging the judge.

The lawyer of a resident of Chechnya accused of justifying terrorism, Ibragima Khachukaeva, announced gross violations in the criminal case and in the consideration of the investigation's petition to select a preventive measure for the defendant, Kavkaz.Realii reported today.

In the complaint, the lawyer Umar Chapanov pointed out that in the additional materials provided by the prosecutor's office "there is no information about Khachukaev's involvement in illegal acts in 2020 on the territory of the Chechen Republic." The detention protocol states that the accused was caught after committing the crime, although Khachukaev is charged with an Internet publication posted in April 2020, that is, almost three years before the initiation of a criminal case and detention, the publication states.

As follows from the decision of the Supreme Court of Chechnya, Khachukaev's defense also pointed out that the judge violated the principle of legal proceedings - the interpreter appointed by the court did not fully know the Chechen language and the lawyer had to perform the duties of an interpreter. According to the defense, the judge who considers the case in the court of first instance is interested in the outcome of the case and violates the principle of adversarial parties.

However, the Supreme Court of Cheney indicated that there were no legal grounds for disqualifying the judge, including in connection with non-procedural communication during the judge’s break with the prosecutor who participated in the consideration of the investigator’s petition for a preventive measure in the form of detention. At the same time, Khachukaev was previously convicted - in 2021 he was sentenced to a year in prison for hitting a policeman.

The lawyer also asked to change the measure of restraint for his client to house arrest, since he does not intend to hide from the investigating authorities. However, the court upheld the decision of the Staropromyslovsky District Court dated January 27, 2023 on the arrest of Khachukaev, according to the decision posted on the website of the court. 

The "Caucasian Knot" wrote that according to the Prosecutor General's Office for January-October 2022, most terrorist crimes were registered in Dagestan and Moscow. Chechnya and Ingushetia took the third and fourth places in the ranking.

Accused of serious crimes in Chechnya and the Kuban are often people who were previously placed under arrest on administrative cases. After a series of arrests, following continuously one after another, the security forces initiate cases under "terrorist" articles, Novaya Gazeta Europe stated, after analyzing the data of the courts.
Related:
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Chechnya: 2023-02-15 Investigators in Chechnya 10 times refused to open a case on torture of Khasan Islamov
Chechnya: 2023-02-11 Ukrainian mufti considers Kadyrov's threats against him real
Posted by:badanov

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