Dagestan: Trial In Evloev Case Continues
On May 24, 2012, a regular hearing took place in the case of Sergey
Evloev, in the Supreme Court of the Republic of Dagestan. He is
accused under Part 2, Article 208 (organization of illegal armed
group or participation in one), Part 2, Article 209 (banditry),
Article 317 (attempt on the life of a law enforcement officer), Part
3, Article 222 (illegal purchase, transfer, sale, storage, or
carrying of weapons, parts, ammunition, explosives and explosive
devices) and Part 2, Article 167 (intentional destruction of or
damage to property) of the Criminal Code of the Russian Federation.
The first stage of the hearing was the questioning of a “secret”
witness for the prosecution – a member of the law enforcement
agencies, who is appearing in the case under the pseudonym of Ruslan
Abdulaev. At the beginning of the session the judge entered the
room where the “secret” witness was to be during questioning. The
judge did not reappear for a long time, and when he did, he informed
those present that the wrong man had been brought for questioning.
This caused laughter in the courtroom. However, in our opinion, the
situation is serious: the very practice of using a “secret” witness,
under the present state of the Russian judicial and investigative
system, allows the prosecution to commit fraud. A person picked at
random by the prosecution can appear before the jury, and it is
impossible for the defense or the jury to verify this person's
evidence.
In the absence of two more witnesses scheduled to take part in the
hearing, the decision was taken to read the report of the
investigation of the scene – the explosion of the car of D.
Khalikov. The results of the forensic experts were read out, as was
a report of the search of Evloev's apartment.
The lawyer Ziyaudin Uvaisov informed the jury that the results of
the experts did not prove the involvement of his client in the
attempted assassination of Khalikov. He noted that the report
indicated that Evloev had voluntarily offered to surrender to the
police weapons he was storing in his home, even though he was not
actually present during the search. “It is unclear to whom the
investigator offered to voluntary surrender the weapons,” concluded
Uvaisov.
The judge ordered a mandatory procedure to ensure the attendance of
the necessary witnesses at the next hearing, which is scheduled for
10 am on June 5, 2012.
See also:
http://www.memo.ru/eng/news/2012/05/04/0405123.html
http://www.memo.ru/hr/hotpoints/caucas1/msg/2012/05/m286029.htm
May 29, 2012