- On the Events on May 31 on Triumphal Square

A Statement by HRC Memorial

On May 31, 2010 the Moscow and Russian authorities once again showed disrespect for Russian Constitution in Moscow on Triumphal Square.

The organizers and participants of the action on protection of Article 31 of the Constitution demand that the authorities follow Russian laws. The authorities do not wish to do so, unlawfully rejecting yet for the ninth time agreement with independent civilian officers on meetings on Triumphal Square and organizing there “pro-Kremlin” actions of pseudo-civilian formations. The police acted cruelly and rudely. Those who still gathered regardless of the ban in order to peacefully express their protest were grabbed, beaten, dragged over asphalt in accompaniment of deafening sounds of the Russian anthem, flowing from the speakers of the officious “meeting” in the middle of the square.

According to different estimations, 140 to 170 people were detained. They were kept in the heat of stuffy overcrowded buses for a long time of up to few hours; those who behaved in an indignant way were beaten.

And still, the more and more citizens reveal readiness to defend their right to protest – and not only on 31. They realize that they have the right to express their opinion when they want to, and not when the authorities feel comfortable with them doing so. Despite the unlawful actions of the police, those who came to Triumphal Square in Moscow exercised their constitutional right “to gather peacefully without arms, to hold meetings, gatherings, and demonstrations, processions and vigils”.

- Bulletin of HRC Memorial. Situation in the North Caucasus conflict zone

Winter 2009-2010

HRC Memorial translated its bulletin covering situation in the North Caucasus during three months of winter of 2009-2010.

The English version is available on-line: www.memo.ru/eng/news/2010/06/04/0406102.htm.

Also see pdf version attached.

All bulletins depicting situation in the region can be found on-line (both in Russian and English): www.memo.ru/hr/hotpoints/caucas1/k-belyten/index.htm.

- Chechnya: Members of the Ozdievs Family Detained. Details

On May 21, 2010 Isa Ozdiev and his nephew Belal Ozdiev were detained in Chechnya (see HRC Memorial’s report: www.memo.ru/hr/hotpoints/caucas1/msg/2010/05/m207115.htm). Isa was stopped on the road, pulled out of the car, and brought to Kurchaloevskiy ROVD. An hour and a half before that his nephew Belal had been detained in a restaurant by the guard of the President of Chechnya Ramzan Kadyrov. Belal’s car was taken away as well as legally registered traumatic arms and he was conveyed to OVD of Zavodskoy district of Grozny.

They were beaten badly by the servicemen of the authorities, allegedly because of disobedience.

In the morning of May 22, the acting judge of the 18th Department of the municipal court of Zavodskoy district of Grozny A.A. Khizriev sentenced Belal Ozdiev to 15 days of administrative arrest. The car and the arms were not returned, the lawyer did not participate in the hearings. In a while Isa Ozdiev was brought to the court as well. He was also sentenced to the punishment of 15 days, and had been persuaded not to complain about having been beaten. The decision of the court was not handed to the Ozdievs. The brothers of Isa Ozdiev – Magomed, Belal’s father, and Shahab – wrote an application to the Public Prosecutor’s Office of Kurchaloevsky district addressed to Public Prosecutor A.V. Anischenko, and to the higher-level authorities of the Public Prosecutor’s Office. Isa also wrote a request to Anischenko himself.

Despite the numerous complaints, Isa Ozdiev hasn’t been examined for bodily blows. The doctor who was invited by the investigator had been threatened with battery, which is why he did not make himself to fulfill his duties. It has not been permitted to transfer food to, meet the relatives, or give medical treatment to Isa Ozdiev. Soon Isa was placed in medical-sanitary station at Chechen MVD.

On May, 29 Shahab Ozdiev visited the medical-sanitary station and met its head, Ramazan Aldebirov. Shahab wanted to know what medical treatment was being given to his brother. Aldebirov told him that there would be no medical examination or treatment. According to him, it was prohibited to visit Isa as there had been an order from the Chechen MVD authorities to keep Isa at medical station for two days and then move him to special detention center of the Chechen MVD on the basis of medical conclusion, in which it would be stated that he did not need in-patient treatment.

After that Shahab Ozdiev turned to the Public Prosecutor of Leninsky district of Grozny and to the Public Prosecutor’s Office of Chechnya with a request to verify whether his brother was being given medical treatment. Shahab also asked for permission to transfer Isa to a qualified medical facility in the area of his residence. The Public Prosecutor of Leninsky district promised to go to medical-sanitary station and question Isa.

Shahab hopes that human rights organizations would turn to the head of the Investigation Committee in the Public Prosecution Office of Russia A. Bastrykin with request to take measures in order to institute criminal case proceedings in relation to the head of the territorial police department (TPD) of Bachi-Yurt village of Kurchaloevsky district of the Chechen Republic Suleyman Kaimov and his subordinates, who participated in the beating of Isa Ozdiev.

Investigation Department of the Investigative Commission at the Public Prosecution Office of Chechnya refuses to institute criminal proceedings unless a complaint is lodged against the resolution on administrative violation. At the same time there is a plenty of facts (photos and videos, the act of examination of the inflicted physical injuries) for criminal case institution.

As of May 31, Belal Ozdiev’s car hasn’t been returned – it stays at Zavodskoy ROVD of Grozny. Isa Ozdiev’s car hasn’t been returned either (it is on the TPD territory of Bachi-Yurt village). The Public Prosecutor of Kurchaloevsky district made an inquiry on the whereabouts of the car and the conditions of its return. A written response from the head of Kurchaloevsky ROVD has been received, reading that he had no idea where the car was, and that there were no documents supporting the fact of withholding of the car. At the same time, the car is mentioned in the materials on the administrative case of Isa Ozdiev.

The resolution on administrative arrest of Isa Ozdiev by the decision of the federal judge of Shalinskiy district court dated May 28, 2010 is suspended without amendments, and the appellation of the lawyer has not been allowed.

On May 29, 2010 judge of Zavodskoy district court of Grozny I.V. Daurkin examined the appellation of the lawyer on the resolution of Hizriev on admitting Belal Ozdiev’s guilt in committing administrative violation, specified in Article 19.3 (“disobedience to a lawful instruction from a military officer, serviceman, an officer of the drug and psychotropic substances turnover control authorities, who are authorized to perform their duties on controlling and monitoring migration, or an officer of an agency or an establishment of the criminal-execution system”) of the Russian Code of Administrative violations, and sentencing him to a punishment of administrative arrest for 15 days.

After the examination of the arguments of the complaint, questioning of the policemen, who drew up the rapports on commitment of administrative violation by Belal Ozdiev, as well as the witnesses, who have been called and questioned in compliance with the defender’s appellation, the judge ordered to terminate the decision of the municipal court and forward the case for a new investigation.

According to the current administrative legislation, this decision of the court must be notified to the agency that executes the decision on the day the decision is pronounced. Ozdiev, who is arrested because of the administrative violation, is still kept at special detention centre.

Ozdiev’s lawyer filed an appellation addressed to the municipal court who pronounced the decision on the administrative arrest of Ozdiev: he demands that the execution of the punishment must be discontinued since the higher court has terminated the resolution.

The General Prosecutor of Zavodskoy district of Grozny has been informed on the unlawful detention of Ozdiev. According to Belal’s relatives, an officer of the Public Prosecutor’s Office went to the special detention center in order to verify the lawfulness of Ozdiev’s imprisonment. The results of the visit are unknown to HRC Memorial.

A photo of Isa Ozdiev is available at HRC Memorial’s website: www.memo.ru/2010/05/24/2405101.htm.

- Shamil Gaziev stands by his testimony concerning his complicity in the terrorist attack in Kizlyar and provides the investigation with important details

On 24 May 2010, the Human Rights Center Memorial reported about certain details concerning the arrest of a resident of the Dagestan village Shamkhal, Gaziev Shamil Gazimagomedovich, DOB 1988 (see: www.memo.ru/eng/news/2010/05/25/2505101.htm).

Shamil Gaziev was arrested together with two of his brothers and his father on 18 May 2010. The Gaziev home was searched at 3 a.m. whereupon weapons and ammunition were found. The brothers and father were taken to the Kirovski ROVD of Makhachkala and were soon released. The whereabouts of Shamil Gaziev remained unknown.

On 19 May, it was learned that Shamil was located in the OVD of the Kirovski district. His father saw him there and, according to his account, Shamil appeared seriously beat up. Nevertheless, representatives of the ROVD denied that Gaziev was being held by them and refused to admit a lawyer. For two days, 19-20 May, a lawyer invited by Memorial tried to obtain access to his client. This case was assisted by Rizvan Kurbanov, the vice-premier for the Republic of Dagestan, Svetlana Gannushkina, a member of the Civil Society Institutions and Human Rights Council under the President of the Russian Federation, Oleg Orlov, the chairman of the Board of the HRC Memorial, and by local human rights activists and journalists. All the same, officials for the Kirovski ROVD have not admitted to the illegal detention of Gaziev and have not admitted the lawyer. From 18 May to 20 May, Shamil Gaziev was held in the ROVD without the appropriate processing of procedural documents. His lawyer, Musa Suslanov, was not able to meet with his client until 21 May.

According to his lawyer, Gaziev moved with difficulty and his lower body movement was limited, while on his body were visible numerous bruises, sores, and abrasions, and blood stains. In addition, it appeared that Gaziev was on psychoactive substances which slowed his speech as well as his mental faculties. The lawyer spoke with his client alone. Gaziev told his lawyer that during his interrogation he admitted his guilt in committing a terrorist act in Kizlyar 31 March 2010. Suslanov called an ambulance, procured a medical examination of Gaziev and sent a request for the opening of a criminal investigation concerning the application of impermissible interrogation techniques on his client.

On that same day another interrogation was carried out. Gaziev reaffirmed that everything he had said earlier corresponded with actual events, but, saying that he did not feel well, asked that the interrogation be discontinued until Monday.

On the evening of 23 May, a Sunday, Gaziev was already being interrogated as a suspect. Shamil again confirmed his part in the terrorist attack in Kizlyar. Moreover, he revealed details, which gives serious suspicion that he actually is guilty for the terrorist attack. According to the words of his lawyer, the information that Gaziev presented to the investigation was confirmed later during actions taken by the investigation, including the arrests of people identified by Gaziev and searches of these suspects’ homes. Shamil also continued to deny that the weapons found in his family’s home in Shamkhal belonged to him.

According to the words of his lawyer, Gaziev admits to belonging to the group that planned the Kizlyar terrorist attack. His job in the group was the preparation of explosives and the procurement of food and clothing for members of the group. Gaziev obtained generic items from which he made the components for the explosives. A different person made the bolts and mountings.

Immediately before the terrorist attack, boeviks, including the future suicide bomber, came to Gaziev. While one of the boeviks fashioned the explosive device, another forced Gaziev at gunpoint to turn away so that he would not see how the device was made. They later ordered Gaziev to carry out a terrorist attack on the Kizlyarski ROVD. Gaziev claims that he answered: “I’d rather have you kill me than blow myself up.” They then ordered another person to carry out the terrorist attack of 31 March.

Gaziev’s testimony was later confirmed by repeated searches of his home.

On 2 June, the lawyer Suslanov met with Gaziev. Gaziev confirmed his involvement in illegal paramilitary units and the production of explosive material for the Kizlyar terrorist attack. He continues to claim that the weapons found in the Gazeiv home were planted.

Because of the serious ground for suspecting Shamil Gaziev’s complicity in the terrorist attacks committed in Kizlyar on 31 March 2010, the HRC Memorial will no longer support the defense of Gaziev as part of the investigation. However, the lawyer invited by Memorial will continue to insist on a separate case on the basis of Shamil Gazeiv’s abduction, the application of impermissible interrogation methods, and the denial of his rights to a legal defense.

For further information: Memorial