Direct Translation via Google Translate. Edited.
 [KavkazUzel] The Supreme Court of Russia considered untenable the arguments of the cassation complaints about the falsification of the criminal case and the torture of the residents of the Agulsky district, convicted in the case of the activities of a terrorist community and an illegal armed group. The cassation instance refused to cancel the verdict, slightly reducing the terms of imprisonment of Rakhmatulla Magomedov and Gadad Ramazanov.
As the "Caucasian Knot" reported, on May 31, 2021, the Southern District Military Court in Rostov-on-Don appointed Ramazan Tagriverdiyev, Ramazan Kurbanov, Rakhmatul Magomedov and Gadad Ramazanov, residents of the Agulsky district of Dagestan, accused of involvement in to the activities of the terrorist community and illegal armed groups. The Military Court of Appeal upheld their sentences. The court did not take into account the statements of the defendants in the case that their confessions at the beginning of the investigation were obtained under pressure, lawyers said, announcing the appeal of the verdict.
According to investigators, in May 2015, in the village of Tpig, Agulsky district, Magomedov and Ramazanov united in a group to engage in terrorist activities and created an illegal armed formation, which Tagriverdiyev and Kurbanov joined in June 2016.
According to the prosecution, the group was involved in extorting a million rubles from one of the local residents, setting fire to grocery stores with alcohol in the center of the village of Tpig, and stealing property.
The members of the group also prepared assassination attempts on the lives of law enforcement officers and the head of the administration of the Agulsky district, but this was prevented by their detention, the investigators considered. The charge was brought under ten articles of the Criminal Code of Russia. The defendants pleaded not guilty.
The terms of Rakhmatulla Magomedov and Gadad Ramazanov, residents of the Agulsky district of Dagestan, convicted on charges of creating a terrorist community and a number of other crimes, were reduced during the consideration of the case in the Supreme Court of Russia, Kavkaz.Realii reported today.
As follows from the ruling of the Supreme Court, Kurbanov's lawyer Fomina, in her cassation appeal, indicated that the court, when passing the verdict, "did not fully" take into account his age, the situation in the republic, which "for a long time was subjected to propaganda attack by international terrorist organizations," as well as a difficult financial situation, the presence of a dependent minor child and a non-working spouse.
The court of first instance also, according to the defense, did not take into account the evidence presented by the defense, which, in particular, "confirm Kurbanov's testimony about his abduction by law enforcement officers and the use of unlawful methods of investigation against him," the document says.
The lawyer of Magomedov and Ramazanov, Israfil Gadadov, also stated in court that the court's verdict was based on inadmissible and unreliable evidence obtained as a result of falsification of the materials of the criminal case, which follows from the video recording of the interrogations of his clients.
The defense requested that the verdict be annulled and the appeal ruling canceled, and the criminal proceedings against Magomedov and Ramzanov terminated. Kurbanov asked the court to exclude from the verdict the episode connected with the preparation of an organized group for extortion. However, the court called "the arguments of the cassation appeals untenable," including the falsification of the criminal case and evidence.
As a result, the Supreme Court of Russia slightly reduced the terms of those convicted, changing the sentence of the Southern District Military Court: Magomedov's sentence was reduced by six months, and Ramazanov's - by a year. Kurbanov's sentence remained unchanged, according to the document.
The cassation appeal was received by the court on August 1, the Supreme Court ruled on August 31, follows from the case file on the court website.
The confessions given by the defendants at the beginning of the investigation were obtained "in violation of the norms of the current legislation and falsified," lawyer Tagir Saadulaev, who represented Kurbanov's interests in the court of first instance, told the "Caucasian Knot" earlier. At the request of the defense, the court sent a statement about the use of torture against all the defendants.
"However, the authorities that carried out the check simply copied the procedural documents available in the case and, having not considered the report of the crime on the merits, refused to initiate a criminal case . The court saw all these circumstances, it was investigated during the judicial investigation, but in the end it still delivered a guilty verdict," he noted.
During the preliminary investigation and in court, Aliyev and other defendants claimed pressure and torture, but according to the results of the checks, no one was held accountable, Gadadov said earlier. "Investigators from the SUSK in Dagestan came to the pre-trial detention center, they interviewed the accused, who told about the use of torture with electric current. But in the end, the investigation ruled to refuse to initiate a case," he said.
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