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| Family of Khavazh Derbichev called the verdict a reprisal in the case of financing terrorism |
| 2024-03-19 |
| Direct Translation via Google Translate. Edited. [KavkazUzel] The guilt of Malgobek resident Khavazh Derbichev, sentenced to 15.5 years in the case of financing terrorism, was not proven; Khavazh himself and the witness in the case gave the testimony required by the security forces under torture, Derbichev’s father and his lawyer said. As the Caucasian Knot reported, the Southern District Military Court in Rostov-on-Don sentenced Malgobek resident Khavazh Derbichev to 15.5 years in prison, finding him guilty of aiding and abetting the organization of financing the Islamic State*. According to investigators, Derbichev provided his friend Ilyas Kartoev with his own bank cards, and Kartoev, with their help, directed more than 13 million rubles to finance ISIS. Investigators believed that Derbichev received money from Kartoev for using the cards and knew about the purpose of the funds. Khavazh Derbichev's father and his lawyer insisted that the defendant did not know about Kartoev's intentions and was not connected with his operations. Khavazh Derbichev was detained in connection with the financing of terrorism in August 2022, together with Tamerlan Kartoev. A native of Ingushetia, Ilyas Kartoev, who has been put on the wanted list, is also involved in the case. According to the investigation, the latter transferred five thousand rubles to Derbichev monthly for using his bank cards. From this statement, investigators concluded that Derbichev knew about the illegal nature of his acquaintance’s actions. Khavazh Derbichev turned 40 years old in January of this year; he has three minor children. He graduated from school with excellent results and received a higher legal education, his father Magomed Derbichev told the "Caucasian Knot" correspondent. “We cannot understand why such a harsh sentence? In fact, out of the millions announced, he was charged with 16 thousand 100 rubles. 15 thousand of this money was sent to him by his maternal uncle, the origin of another 1100 rubles was never even established. "It was his own money that sentenced him to 15.5 years. Both his relatives and neighbors, everyone who knows him, are shocked by such a monstrous sentence. I explain this reprisal only by the fact that he is a nationalist, an Ingush," said the father of the accused. Khavazh was detained at his home; during the preliminary investigation, he was subjected to torture and violence by the security services, said Magomed Derbichev. “He himself was subjected to pressure and his wife, when she was pregnant - they scared her that the child would be taken away, they demanded that she slander her husband, that he was guilty, that he had done everything on purpose. They put a bag over Khavazh’s head, they threatened to push a stick into his anus, because he incriminated himself. He was not given any medical examination, and when he reported the torture, there were no longer any traces on his body,” said the father of the convict. According to Magomed, his son knew Ilyas Kartoev from childhood, who organized the collection of charitable funds for Khavazh cards. “They studied together, grew up together. He asked to open a card in his name and give it to him for use, said that it was needed for a charity project. Of course, Khavazh did not suspect anything like that, and would never expose himself and his family to such a risk "- said Magomed Derbichev. The defendant's lawyer, Mustafa Garakoev, filed a complaint against the verdict. The defense insists that the court misinterpreted the rules of procedural law and demands that the verdict be overturned due to the lack of proof of Derbichev’s guilt. “We are still waiting for the reasoning part of the decision, but I filed a preliminary complaint on March 14, so as not to miss the deadline. We believe that Khavazh’s guilt has not been proven. He was charged with the period when he allegedly became aware of Kartoev’s activities. In total, from February 2018 to September 22 In 2021, the turnover on the card was 29 million 975 thousand rubles. Khavazh was charged with the amount of 13 million rubles for the period from April 16 to September 22, 2021. We proved that there was no such amount, the case was returned for further investigation, and the prosecution went to court with an amount of 16 thousand 100 rubles - this money arrived on the card within six months, during which Khavazh knew about Kartoev’s activities. Of which, 1100 rubles were unknown from where, and 15 thousand rubles were transferred by his uncle, whom we interrogated in court, presented extracts, and he confirmed it. This, if not falsification, then at least a mistake by the investigator," lawyer Mustafa Garakoev told the "Caucasian Knot" correspondent. According to the lawyer, Khavazh Kartoev only knew that his cards were used to raise funds for the construction of wells in Africa. "He was summoned for an interview by FSB officers on April 16, 2021. There is this interview in the file. There is not a word there that Khavazh was notified or from which he understood that Kartoev was involved in financing terrorism. Khavazh was asked who he gave the cards to and how he did it, they didn’t talk about its financing [of terrorism]. The period from April 16, 2021 until the day the card was blocked,” said the lawyer. In accusing Derbichev of premeditation of his actions, investigators obtained the testimony of a witness dependent on them, Adam Kartoev, the defense lawyer noted. "Derbichev said in court that he was tortured, beaten, forced to testify against himself. He incriminated himself, that he knew that he was involved in this financing. There was a witness, Adam Kartoev, who claimed that in Malgobek he met with Khavazh and Tamerlan Kartoev, and both allegedly told him that they knew that Ilyas was involved in financing. Derbichev said that Adam was also beaten and bullied for giving such testimony. Adam also gave away his cards, and at the moment when he took them, they were already blocked,” the lawyer said, adding that all procedural actions during the preliminary investigation took place in the presence of a public defender and in violation of the rights of Khavazh Derbichev. |
| Posted by:badanov |