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| Caucasus/Russia/Central Asia |
| Court of Appeals pointed to violations in the case of Daud Mamilov |
| 2023-03-22 |
| Direct Translation via Google Translate. Edited. [KavkazUzel] The Court of Appeals returned the case of Daud Mamilov, a native of Ingushetia, who was found guilty of involvement in the activities of the Islamic State and sentenced to eight years, to the court of first instance to eliminate violations, since the defendants were not familiarized with the protocol of the court session, lawyer Lyudmila Tolstonogova said. After the arrest of Daud Mamilov, his family faced difficulties. Friends still refuse to believe in his guilt, said his wife Aza Mamilova. As the "Caucasian Knot" reported, in August 2020, the Court of Appeal in Moscow agreed with the arguments of the lawyers of Daud Mamilov, a native of Ingushetia, recognizing the inaction of the investigation in his case. After that, the case of Mamilov, accused of involvement in the terrorist organization "Islamic State," was transferred to a new investigator. In September 2020, Mamilov announced that he was forced to confess. On July 19, 2022, Mamilov was found guilty of involvement in the activities of ISIS* and sentenced to eight years in a penal colony. Lawyer Lyudmila Tolstonogova filed an appeal . Daud Mamilov was detained on April 29, 2019. According to the investigators, five people, among whom was Daud Mamilov, who lives in Dmitrov, created a clandestine cell of the Islamic State terrorist organization banned in Russia by a court. In June 2020, more than 70 residents of Ingushetia, including deputies of the People's Assembly, vouched for Daud Mamilov to no avail. The detainee's father, Zakriy Mamilov, a deputy of the People's Assembly of Ingushetia, who opposed the agreement on the border between Ingushetia and Chechnya, linked the criminal prosecution of his son with his own political activities. THE LAWYER POINTED OUT VIOLATIONS IN THE TRIAL The military appeals court withdrew from the appeal the criminal case, one of the participants of which is Daud Mamilov, a native of Ingushetia, and sent the case to the court of first instance in connection with a significant violation of the rights of the accused, lawyer Lyudmila Tolstonogova said. "At the session of the Court of Appeals, it turned out that several people from among the defendants were deprived of the right to familiarize themselves with the protocol of the court session and make comments on it, they were also deprived of the right to receive a copy of the protocol of the court session. through the administration of the pre-trial detention center, the outgoing numbers were registered by the SIZO. However, it turned out that no petitions were received by the court. Under such circumstances, the court of first instance grossly violated the provisions of part 7, part 8 of article 259 and article 260 of the Code of Criminal Procedure of the Russian Federation (Remarks on the protocol and audio recording of the court session ). What prevents the consideration of the case by the Court of Appeals and entails the removal of the case from consideration and return to the court of first instance to eliminate violations and fulfill the above requirements. After that, the case will again be sent for appeal consideration," Tolstonogova explained to the "Caucasian Knot" correspondent. According to her, it will take at least four to six months to familiarize the convicts with the protocol of the court session and the audio recording, consider the comments on the protocol by the court of first instance and return the case for appeal. The lawyer also noted that this is not the first time that the court of first instance has committed violations, and that the defense has had to send complaints to the court of appeal more than once. So, according to her, in April 2020 she filed a complaint with the Babushkinsky District Court of Moscow about the inaction of the investigator in the investigation of the Mamilov case, but the court refused to satisfy the complaint. "Then we filed a complaint with the Court of Appeal for Criminal Cases of the Moscow City Court with a request to cancel the decision of the court of first instance. The Court of Appeal in Moscow agreed with the arguments of the lawyer, the decision of the Babushkinsky Court was. After that, Mamilov’s case was transferred to a new investigator," said the lawyer. She stressed that she doubted that the court of first instance had objectively and impartially sentenced Mamilov. And that there is every reason for it. The lawyer quoted an extract from the minutes of the court session: "At 20.10 on May 18, 2022, the judicial collegium retires to the deliberation room to pronounce the verdict, which the presiding judge announces to those present in the courtroom. not earlier than 15.00 on May 19, 2022. On May 19, 2022, at 16.10, the court returns to the courtroom. The introductory and operative parts of the verdict have been announced," the lawyer said. Tolstonogova pointed out that there was a violation of Part 4 of Article 310 of the Criminal Procedure Code of the Russian Federation "Pronouncement of the Sentence", since the court did not explain to the participants in the process the procedure for familiarizing themselves with the full text of the verdict. "And the full text of the verdict was delivered only on May 26-27, 2022 and amounts to 56 sheets. That is, the court, from October 20, May 18, 2022 to October 16, 2022, for 20 hours (of which part is at night) analyzed the arguments of the prosecutor, eight lawyers and eight defendants, which indicates either the ability of the judicial panel to work at the speed of an average computer, or the deprivation of the defendants of the right to a fair trial without taking into account the arguments of the defense and any assessment of the evidence," the lawyer explained. She also drew attention to the fact that the minutes of the court session were made no earlier than July 7, 2022. On this day, it was handed over to the defense, that is, after a month and a half from the moment the verdict was announced. "The protocol does not reliably reflect the course of the trial. Including, it partially distorts the testimony of key witnesses to the degree “on the contrary.” The defense raises the question of how the court delivered the verdict without having a protocol of the court session," Tolstonogova said. "Even judges with a phenomenal memory forget what they heard after a few months, and by the time the verdict is passed, many important details of the testimony of witnesses, defendants, defense arguments, examined materials, and expert opinions are forgotten. Listen to the audio protocol of the court session for 20 hours, including night time, consisting of a recording of 23 days of the process - it is unrealistic, it is beyond the limits of human capabilities," the lawyer is sure. All these arguments are the basis for believing that Mamilov was sentenced unfairly," she explained. MAMILOV'S FAMILY FACED DIFFICULTIES AFTER HIS ARREST After the detention of Daud Mamilov, his father, a deputy of the People's Assembly of Ingushetia, Zakriy Mamilov, died. After that, the family became even more difficult, said the wife of Daud Mamilov Aza Mamilov . “The first time Daud was detained, it really unsettled me, I had no idea how to live on when you have six children. If it weren’t for my father-in-law, Zakri Mamilov, I would have been in prostration for a long time. I don’t think he was easy, but he held on, convinced me that everything would be fine, and Daoud would be home soon. He believed that a mistake had occurred and everything would be fine soon. And he convinced us of this. Unfortunately, our hopes were not justified," Aza Mamilova told the correspondent "Caucasian Knot." According to her, the father-in-law had a hard time, he took all the care of his son's family. "When the father-in-law died unexpectedly for all of us, I knew that it would be a big blow for Daud. Because he understood that all worries, all problems, both financial and domestic, would now fall on the shoulders of two women," explained Mamilov’s wife . According to her, very often, when she came to the organization for some information, then having learned that she was the daughter-in-law of Zakriy, her problems were solved quickly. "The father-in-law died, and his good name helps us survive. I am writing to Daud about this so that he knows what a kind and fair person his father was,” Aza Mamilova shared. She added that her husband often writes letters in which he addresses the eldest son as the head of the family, writes that "the son is now the main one, he has a great responsibility for the younger children. He should be the mother's first assistant," she quoted the letter. wife of Aza Mamilov. According to her, 18-year-old son Emin tries to help her, during the holidays he worked part-time. "We live on our mother-in-law’s pension and on child allowances. There are a lot of expenses. Every day I give Emin 200 rubles - 150 rubles for travel to college and 50 rubles for tea and a sandwich. and the prices there are very high. Relatives help, but now it’s such a time that life is not easy for everyone, so you have to rely more on your own strength," said Aza Mamilova. After moving from Dmitrov, her children had a hard time adjusting to Ingushetia, she added. "We realized that there was no hope for Daud's speedy release, and we decided to move to Ingushetia. I came to the school for documents, and the school director burst into tears, told me that no one believed that Daud was an extremist. Just before leaving, I met a woman, her son studied in a different class, but the boys were friends with each other. She came up to me and with tears in her eyes said that she was very sorry that this happened, that we had to leave, her son said that he was a better friend than Emin, it doesn't exist and probably won't exist," Dauda Mamilov's wife said. Some residents were witnesses in court, many wrote statements in defense of Daoud, which were included in the criminal case, she added. "Now we are often called from Dmitrov, they ask when we will return. I can’t say anything in response, now is such a time that it’s difficult to think ahead," said Aza Mamilova. A resident of the city of Dmitrov Nikolai, one of those who signed a statement in defense of Daud, stressed that due to long-term communication with Daud, with his parents and other relatives from Ingushetia who came to Dmitrov, his attitude towards the inhabitants of the Caucasus has changed. "After all sorts of conflicts, plus military operations on the territory of the North Caucasus, many developed a certain stereotype of a Caucasian, a daring person, unpredictable in actions. The Mamilovs changed my opinion about Caucasians. Both Daud and his father Zakriy did not try to seem "good". They just lived the way they live everywhere: here, in Dmitrov, in Ingushetia or in Astrakhan, where Daud worked at one time.At any time, in any society, they remained themselves: intelligent, respectful, kind and sympathetic.Daud and I had many ideas how to make our village more attractive. He is a great builder, we would have succeeded if not for this someone's monstrous mistake. Whatever it is, but I am firmly convinced of the innocence of my comrade Daud Mamilov," Nikolai assured the correspondent "Caucasian Knot". |
| Posted by:badanov |