On April 16, 2010 in a Khasaviurt world court (Dagestan) court hearings of the criminal case relating to advocate Sapiyat Magomedova resumed. Investigator of the Committee of inquiry under Public Prosecutor’s office of Khasaviurt A. Arslankhanov accuses her of insulting.

Sapiyat Magomedova is a member of Khasaviurt college of advocates “Omarov and partners” which is famous for position of principle in defending rights and interests of citizens. If the judgment of conviction is pronounced, Magomedova will be deprived of the advocate’s status.

The prosecution says that on September 22, 2008 Magomedova used obscene words while talking to Arslankhanov. Magomedova recounted another version of the events.

On September 22, 2008, Magomedova gave to the investigator K. Aidamirov a warrant to defend the interests of A. Gadzhiev. Aidamirov flatly refused to take the warrant and acquaint Magomedova with the decree about the opening of the criminal case. As an answer, he insulted her and advised to go while the going was good. Hearing the noise and screams of Aidamirov, other investigators came up. Supporting Aidamirov investigator D. Arslankhanov said: “I’m bothered with their office. They’ll play until I explode it. They write rubbish. Let’s punish her, collect the material and open criminal case against her to them a good lesson.” Rovzat Magomedova who happened to be inf the cpmmittee of inquiry became a witness of that. She has already testified at the court hearings.

The same day Sapiyat Magomedova sent telegrams to Public prosecutor of Dagestan and General prosecutor of the Russian Federation, she also submitted applications to other institutions demanding to open criminal case relating to investigators Arslankhanov and Aidamirov.

The inspection of the application was charged to the investigator of the Committee of inquiry under Public Prosecutor’s office of Dagestan M. Mirzabalayev.

Mirzabalayev invited Sapiyat Magomedova for the explanation. According to Magomedova he said that she would not succeed because there were the witnesses who had heard Magomedova insulting the investigators. Mirzabalayev also started to reproach Magomedova with the fact that she writes applications for the clients. He refused to open a criminal case. In the decree Mirzabalayev also specified that there were formal components of a crime (knowingly false information against a person) in the actions of Magomedova. Criminal case for the insult was opened on April 20, 2009.

At the end of November 2009 the case was directed to the court.

Sapiyat Magomedova believes that criminal persecution is connected with her advocate activity. Sapiyat participated in the cases which were investigated by Arslankhanov and Aidamirov. She and her clients used to apply to different authorities regarding these cases. Aidamirov and Arslankhanov were discontent and expressed their emotions openly. They said that it would end badly for her. Three cases of four submitted by Magomedova to the European Court of Human rights were investigated by Arslankhanov and Aidamirov. Magomedova says that she caught the investigators in abusing of power, violating laws, falsification of the materials of the cases several times.

Sapiyat Magomedova is worried about her safety because Arslankhanov and Aidamirov threatened her with physical reprisal. She believes that Aidamirov is able to realize the threats: he had attempted to kill A. Arsakayev and there is a criminal case against him.

HRC Memorial expresses concern with the safety of Dagestan advocates. We should recall that on April 9, 2010 in Makhachkala famous advocate Sergey Kvasov was attacked. Kvasov was gravely injured (http://www.memo.ru/eng/news/2010/04/14/1404102.htm).

For further information: Memorial