Dagestan: Dzhakaev Held in Detention Facility in Khasavyurt
The Human Rights Centre “Memorial” reported previously that on March
1, 2012, a resident of the Khasavyurt region of the Republic of
Dagestan, Patimat Abdurakhmanovna Dzhakaeva, applied to us with a
written statement. She wrote that on March 1, more than 20 armed
men, in both camouflage and plain clothes, came to their home in
military vehicles. After searching the kitchen, they announced that
they had discovered a pistol there, and took away Patimat's son,
Abdurakhman. His relatives went to the Khasavtyurt regional police
department, accompanied by the lawyer Sapiyat Magomedova, who was
entrusted with protecting the rights of Abdurakhman. However, she
was not permitted to see her client.
That same day, “Memorial” sent a fax to the Prosecutor of the
Republic of Dagestan, informing him that, in violation of Russian
legislation, the lawyer Magomedova was not allowed to see her client
at the Khasavtyurt regional police department. We also informed the
office of the Ombudsman of the Russian Federation of these events.
An employee at that office, G.S. Bondarev, telephoned the First
Deputy Prosecutor of the Republic of Dagestan, M.D. Dibirov. Dibirov
assured Bondarev that the lawyer Magomedova had been granted access
to A. Dzhakaev in the Khasavtyurt regional police department.
However, the information given by the First Deputy Prosecutor did
not correspond to the facts. On March 1, Magomedova was in fact
unable to meet with her client. She wrote this in a telegram which
she sent to the Prosecutor of the Republic of Dagestan.
On March 2, around midday, Sapiyat Magomedova was telephoned by the
Khasavtyurt regional police department and invited to meet with
Dzhakaev. He was being temporarily detained in the city of
Khasavyurt. In that meeting, Dzhakaev said that whilst at the
Khasavyurt regional police department, he had been beaten by the
chief criminal investigator, “Marat”, and his colleagues “Mama” and
“Marat”. They beat him on his legs, face, kidneys and groin, they
beat his head against the wall, and threatened to transfer him to a
military base at Khankala in the Republic of Chechnya. In addition,
Dzhakaev claims that they took him to an unknown location where he
was beaten by armed men who spoke Russian without an accent. He was
tortured, strangled, and ordered to sign confessions stating that
the pistol uncovered in his home belonged to him.
Via his lawyer, Dzhakaev submitted an application to the Khasavyurt
inter-regional department of the Investigation Department of the
Investigative Committee of the Russian Federation, calling for the
prosecution of those employees of the Khasavyurt regional police
department who beat him.
On March 3, a case was opened in connection with Dzhakaev under Part
1, Article 222 (the illegal acquisition, transfer, sale, storage,
transportation or carrying of firearms, munitions, explosives or
explosive devises) of the Criminal Code of the Russian Federation.
The lawyer Sapiat Magomedova submitted a complaint to the Prosecutor
of the Russian Federation in relation to those members of the
Khasavyurt regional police department who did not permit her to see
her client for over 24 hours.
Meanwhile, on March 2 the Human Rights Centre “Memorial” received a
fax from the Prosecutor of the Republic of Dagestan, responding to
our earlier communication. The First Deputy Prosecutor of the
Republic of Dagestan, M.D. Dibirov, informed us that a search had
been conducted in the home of the Dzhakaevs because Abdurakhman was
suspected of a robbery which took place on January 6, 2012 in the
village of Bairamaul in the Khasavyurt region. The investigators had
reason to believe that “the weapons used in that crime may be
located in his home”. According to the reply from the Prosecutor's
office, during the course of the search, a TT pistol, as well as
Dzhakaev's mobile telephone were found and confiscated. Photographs
on the telephone showed Dzhakaev with the firearm.
In his reply, Dibirov also informed us that the lawyer S. Magomedova
had not provided a legal warrant, which was why she was not
permitted to take part in the interrogation of her client. Dibirov
claims that no other investigative procedures involving Dzhakaev
On March 4, Dzhakaev telephoned his lawyer, Magomedova, and asked
her come to see him at the Khasavtyurt regional police department.
She went to the department but they would not let her in, due to the
absence of an investigator. The investigator, who arrived several
hours later, was unable to explain to the lawyer why her client was
being held at the regional police department and not at a temporary
detention facility. In a conversation with his lawyer, Dzhakaev
claimed that the policeman Marat Imavov and his colleagues had
submitted him to psychological pressure. They had demanded Dzhakaev
retracting his complaint against members of the police force, and
they had threatened to open a criminal case against him under
article 208 of the Criminal Code (the organisation of an illegal
armed group or participation in one) if he refused.
Dzhakaev is now being held in a detention facility in the city of
Khasavyurt. He is charged under Article 222 of the Criminal Code of
the Russian Federation.
March 15, 2012