Direct Translation via Google Translate. Edited.
[KavkazUzel] The court sent for review the decision to transfer Shamil Nurmagomedov, a resident of Dagestan convicted of financing terrorism, from a colony to prison. Nurmagomedov's long stay in a single cell-type room had a negative impact on his health, the lawyer said.
The "Caucasian Knot" has reported that on April 28, 2021, Shamil Nurmagomedov's stay in the colony was tightened. The reason for the punishment was the publicity of information about the protest hunger strike of the convicts, said the father of the prisoner. He said that his son sewed up his mouth and, together with 24 other convicts in a colony in the Smolensk region, again went on a dry hunger strike, protesting against bullying.
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On April 26, the court, at the request of the administration of the colony, decided to tighten the regime for Nurmagomedov. The lawyer said that the decision to transfer the prisoner from the colony to prison will be appealed , since he has not had any serious violations lately. Nurmagomedov's father linked the tightening of his son's sentence with his participation in protests in the colony in 2021.
Ten prisoners in a colony in the Smolensk region, including natives of Dagestan Akim Esretaliyev, Gadzhimurad Rasulov, Shamil Nurmagomedov and native of Azerbaijan Karam Alakberov sewed up their mouths in April 2021 in protest against regular bullying.
According to relatives, they complained about beatings, humiliation, religious discrimination and unreasonable punishments - transfer to a zone with strict conditions of detention (SUS), punishment cells. On April 27, 2021, relatives reported that some of the demands of the prisoners had already been satisfied, and they had stopped their hunger strike.
Consideration of the appeal, filed at the end of April, was postponed several times, as a result, the meeting took place on September 14, lawyer Yevgeny Gorbachev told the "Caucasian Knot" correspondent.
The court of first instance did not give a proper legal assessment of the behavior of the convict for the entire period of serving the sentence, 87 violations of the detention regime were taken into account, while at the time of the decision only 44 of them were valid, the lawyer said in a complaint against the court's decision to toughen the punishment Nurmagomedov, a copy of which is at the disposal of the "Caucasian Knot".
"The transfer to prison of a malicious violator is used only in exceptional cases, when other measures of influence on the violator have been exhausted. However, the administration of the institution did not provide the court with sufficient data on the educational measures being taken against the convicted person," the document says.
Nurmagomedov, as follows from the characterizing materials presented by the correctional institution, did not commit malicious violations of serving a sentence for a long time, and the last penalty in the form of an oral reprimand was imposed on him on February 18 for a minor violation - inter-chamber communication, the lawyer noted.
Gorbachev also pointed out in the appeal that the court did not take into account the opinion of the victim that he took the path of correction, for a long time does not allow violations of the order of serving the sentence, respectfully and correctly treats the employees of the correctional institution, strives for complete correction in the future not going to violate the regime of serving a sentence.
There were no representatives of the correctional facility at the court session, Gorbachev said. “Only written objections from the correctional institution were submitted to the court. They considered that they acted correctly. But the prosecutor’s office partially agreed with our arguments, although earlier it objected to satisfying our claims. Today (September 14), a representative of the regional prosecutor’s office spoke in favor of cancel the decision of the court of first instance," the lawyer said.
The Smolensk regional court overturned the decision to transfer Nurmagomedov to prison and sent the case for a new trial, Gorbachev said. "The grounds for the cancellation are not yet known to us, since only the operative part of the appeal ruling was read out. Now the materials will be returned to the district court, and [the application of the colony administration] will be considered in a new way, taking into account what the court of appeal will indicate," the lawyer said.
Until August, Nurmagomedov was in a single cell-type room (EPKT), Gorbachev said. "After the period of stay in the EPKT ended, on the recommendation of doctors, he was sent for a medical examination to the Smolensk SIZO. the lawyer said.
The transfer of the convict to the ECPT is also being challenged in court, he said. "The cassation instance overturned the decision of the court, which recognized the transfer of Nurmagomedov to the punishment cell and the EPKT as legal. Upon a new consideration, the Safonovsky District Court again recognized the transfer as legal, but we filed an appeal. Its consideration is scheduled for October 4," the lawyer said.
Since February, there have been no new penalties against Nurmagomedov from the administration of the colony, Gorbachev said. “In the colony, the attitude towards Nurmagomedov is now loyal, they are trying not to conflict with him,” he added.
The "Caucasian Knot" has no comments yet from the Federal Penitentiary Service for the Smolensk region regarding the decision of the court.
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