Nalchik: HRC Memorial's officer Rustam Matsev Receives Threats
Human Rights Center Memorial
Nalchik: HRC Memorial's officer Rustam Matsev Receives Threats
On June 1, 2012 HRC Memorial's officer in Kabardino-Balkaria, lawyer Rustam Matsev applied to public prosecution bodies regarding threats he had received the day before. In the morning of May 31, 2012, around 10:15 am, Matsev came to the detention center (FKU IZ-7/1 of the department of the federal service of implementation of punishments on KBR). Being a lawyer of Karachaevo-Cherkesia republican bar, Matsev had to take part in investigatory actions regarding his client Kazbulat Valerievich Labazanov who has been held in this detention center - attend Labazanov's confrontation with authorized operative of the Main Department of MIA on SKFO colonel Nikolai Nikolaevich Zavyalikov.
On Febryary 10, 2012, Labazanov was abducted by siloviks in the city of Pyatigorsk of Stavropol krai, taken to the center "E" in the city of Nalchik, and then, after threats and beatings, - to a barren. There they suddenly discovered that Labazanov had an explosive device with him, formalized his arrest accusing him of violationg article 222 of the Criminal Code of the Russian Federation (in Russian: http://www.memo.ru/hr/hotpoints/caucas1/msg/2012/02/m278148.htm).
The confrontation was conducted by R.B. Pkhitikov, investigator of the investigative department of the MIA of the Russian Federation in Nalchik. Matsev and Zavyalikov were waiting for Labazanov in the investigative room №3 of the investigative isolation ward. According to Matsev's application, Zavyalikov asked him why he had taught his client to lie testifying about his abduction in Pyatigorsk, about violence, threats and fabrication of the criminal case in Nalchik. Matsev answered that the evidence had been given by Labazanov himself and also recounted in his application about the abduction. Matsev said the policemen that, on the contrary, he had always asked Labazanov to be honest talking about the circumstances of the detention, and he did so, according to the lawyer. Matsev also explained Zavyalikov that lawyer's job is to provide legal aid. Then, Zavyalikov congratulated Matsev with a Lawyer's Day, asked to meet him informally and offered to celebrate the holiday at the expense of Rustam, which he refused. Zavyalikov asked Matsev if he drank alcoholic drinks, smoked and, finally, wore trousers (some siloviks believe that Wahhabis don't wear underwear). Then Zavyalikov said that they could also block lawyers while blocking and killing members of illegal armed formations during special operations. Zavyalikov told Matsev that they would certainly meet again and recommended that Rustam walked gazing around: as if he meant that siloviks followed him and knew everything he did.
Zavyalikov demanded from the lawyer to make his client strike a bargain with the prosecution, choose "special way of the examination of the criminal case" by the court and admit his guilt. Matsev answered that the accused could do so himself but the lawyer did not have a right to pressurize his client - he could only explain which rights he had and which could be the consequences of his decisions and acts.
When Labazanov was taken to the investigative room, Zavyalikov started pressurizing him telling in particular: "Kazik, we are friends with you. Why are you cheating? Who tought you to cheat?", "Kazbulat, choose the special way and you'll be home!", "Kazbulat, it's not late to choose a special way. We'll rewrite a report of the confrontation!"
When the confrontation was finished Matsev made a statement about the pressure on his client and threats towards him in the report. Being familiar with methods of siloviks' work in Kabardino-Balkaria from his work as a lawyer and a human rights defender, Matsev interpreted Zavyalikov's words, firstly, as a real threat to his life and, secondly, as a threat of fabrication of a criminal case. He wrote about that in the application which on June 1, 2012, sent to the General Prosecutor, prosecutor of KBR, Investigative committee of the Russian Federation, Russian and international human rights organizations. Matsev asserts in the statement that Zavyalikov's acts should be evaluated legally because they contain obvious signs of a crime and asks KBR prosecutor to take measures according to articles 144 and 145 of the Code of Criminal Procedure of RF and charge his officers to conduct procedural inspection of the events described in the application. He also asks General Prosecutor to take this inspection under his control.
June 5, 2012