In the regions

Beyond the line of the law

December 19, 2007 Alexander Cherkasov

It is enough to watch the TV quite a bit to understand: the main result of the eight -year reign of Vladimir Putin is a series of victories over the "dashing nineties." Moreover, the main of these victories was won in the Caucasus. Chechnya is peaceful. And this victory began in Dagestan - after all, the appointment of then the little -known Vladimir Vladimirovich, the chairman of the government occurred during the battles in the mountains of the Botlikh and Tsumadinsky districts. It was there that the retreat that had been protected for a decade ended. The “domino effect”, the decay of Russia ... is prevented ...

Victory, however, is not yet final - in Dagestan the explosions and the murder of police officers continue. The terror is not defeated, and the counter -terrorist operation continues. Along the way, we lost the possibility of parliamentary discussion and parliamentary control, direct elections of governors, independent nationwide television. But here, they explain to us, the costs are inevitable: for the sake of victory, we have to give up part of the rights and freedoms - of course, to protect those rights and freedoms that you cannot do.

After all, firstly, “all men do it”-look at how they limit the rights in the West, in the States, in England ...

And secondly, they remind us, after all, the matter is not even in the legislation, not in the formal restrictions of the written codes and declarations-everyone has a practice, remember Afghanistan, Iraq, Abu Graib, Guantanamo ... For us, the main thing is that Chechnya and the Caucasus returned to a single Russian legal space.

Only here is the catch - this space in fact turns out to be very curved. As near the black hole, which ruthlessly tears everything that approaches it to pieces, and then irrevocably swallows.
We turn, however, to our practice - to Dagestan, from which the victorious path of Russia began.

24-year-old Ilyas Dibirov was detained by employees of the Ministry of Internal Affairs of Dagestan in the city of Izberbash on November 15, 2007. Dibirov tried to flee, they shot at him - two gunshot wounds in his leg. Dibirov himself then explained that he was running, because he was afraid when he saw the people running to him in masks - he thought that they wanted to kidnap him. Ilyas had reason to think so: in April 2007, his brother Ramaz Dibirov was abducted by “unknown”, and then went missing.
Well, although the war, the “counter -terrorist operation” has been completed - this was announced repeatedly, but the “fight against terrorism” continues. For this, the state has ordinary, normal, legal funds - they arrest the suspect, accuse, judge ...

Dibirova, as expected by law, was placed in the IVS - a temporary detention center. However, contrary to the law, the relatives were not informed, for several days they did not know where Dibirov was located. Accordingly, Ilyas could not meet with a lawyer. Meanwhile, he needed lawyer assistance - the “bodies” incriminated to Dibirov Article 208 (“Participation in the illegal armed formation”) and 317 (“Infusal for the life of law enforcement officials”), a criminal case was opened.

Only on November 21, when Ilyas was transferred to the Makhachkala IVS, the lawyer Kurbanov was able to meet with him. The lawyer saw traces of beatings and torture: hematomas around both eyes; on the right side of the bruise 20 by 20 centimeters; on the back, arms and legs - multiple bruises, abrasions, bruises; On the wrists of the hands of the scars from handcuffs ... According to Dibirov himself, he had this left from communication with the Office for Combating Organized Crime, who, replacing each other, tortured and beat him, demanding “recognition”.

One detail: metal objects were thrust into the wounds on the leg. Everyone remembers the school curriculum in literature? For some reason, I recall the “Young Guard”, as someone was stirred up by someone ...

Ilyas signed some papers, which-does not know. According to him, an opaque black bag was put on his head, they put a pen in his fingers ...

In the Makhachkalinsky IVS Dibirov was not left with attention. Employees of the Organized Crime Control Department and the FSB promised to Ilyas that if he did not give “correct” testimonies during the investigation, he would “lose” him in Chechnya - just as his brother Ramaz “lost” his brother. These "visits" took place without notifying the investigator and without the presence of a lawyer. Dibirov was forced to stand for several hours on one leg. When Ilyas was exhausted to the floor, they beat the kidneys, along the wounded leg. As a result of the beatings, he began to urinate blood.

Since the detention, Dibirov did not provide medical assistance, although the lawyer sent petitions for the immediate provision of such assistance and conduct a medical examination. Only on November 23, when the IVS was visited by the prosecutor on duty, the lawyer was able to ensure that Ilyas would call an ambulance. And on November 30, five days after the expiration of the legal period of detention in the IVS (this is 10 days), Dibirov was transferred to the Makhachkala pre -trial detention center. Five days later - to the Derbent pre -trial detention center. However, despite the now many applications of the lawyer, the forensic medical examination was not carried out.

On December 12, Ilyas was again transferred to the Makhachkalinsky IVS “for investigative actions”. We know about further from the statement of Dibirov, transferred by a lawyer to the Human Rights Center "Memorial". Upon arrival in Ilyas’s insulator, it was beaten with rubber batons. A day later, in the middle of the day on December 13, he was taken to some “base”, where, according to Dibirov, “special forces” of Russian nationality “worked” with him. Due to the intervention of the lawyer, this “work” lasted only a few hours-by midnight Ilyas was returned to the Makhachkala IVS. During these few hours with Dibirov managed to do a lot. The insulator administration was forced to call an ambulance. Doctors in the presence of the head of the IVS noted in Ilyas numerous bodily harm. According to a lawyer who met with Dibirov on December 14, he has a concussion - beaten with batons, and when they were taken out of the “base”, they hit the butt several times, so Dibirov lost consciousness. Injured a kadyk, a hematoma of 10 by 10 centimeters - beaten. They beat on the shoulders - continuous hematomas, a fracture of the right collarbone is possible. The chest bruise is possibly broken by the sternum. As a result, Ilyas’s breathing is impaired and food intake is difficult. Doctors urgently demanded immediate hospitalization - they were refused. In the presence of a lawyer, Dibirov made a statement: he listed the torture applied to him, pointed out the lack of medical care, and asked for urgent transfer to a pre -trial detention center.

The lawyer again wrote petitions, demanding a forensic medical examination, but he was refused. Intervention from Moscow was no more effective.
Svetlana Gannushkina, member of the Expert Council under the Commissioner for Human Rights in the Russian Federation, a member of the Presidential Council for the Promotion of the Development of Civil Society and Human Rights, a member of the board of Memorial and others, called on December 15 Gamzat Magomedov, the investigator leading the Dibirov case, asked him about the serious condition of Ilyas? The investigator replied that he was not responsible for what was happening in Makhachkala. To the question: “Why is the under investigation is not contained in the pre -trial detention center, but according to him, Magomedov, the decision was transferred to the IVS?”, The answer followed that this was necessary for “conducting effective investigative actions”. To the question: “What investigative actions can be carried out in the absence of an investigator, except for physical pressure on the under investigation?” - Magomedov replied that this is the secret of the investigation, making a reservation, however, that neither he nor anyone else has the right to receive testimonies with the help of torture. Gannushkina asked Magomedov to ask the state of his under investigation - the investigator answered a reluctant promise (the reception is not a new one - the investigator asks questions to a person already “processed” by the operatives, but he does not participate in “processing”. And they do not conduct evidence until bruises and abrasions are passed, then it is no longer possible to prove that the testimonies were received “illegal methods”).

Svetlana Gannushkina also called in the Makhachkala IVS - the duty officer on duty confirmed: Ilyas is with them, needs medical care, but they provide such assistance, now they will call an ambulance.
Vladimir Lukin, the Commissioner for Human Rights in the Russian Federation, also tried to restore the legality in the case of Dibirov, he personally contacted the deputy general of the prosecutor of Russia.
As far as the human rights center "Memorial" is known, on December 18 , the forensic medical examination was not conducted against Dibirov, he remained in the IVS.

What are the results of such a “counter -terrorism” practice?
The whole last month in relation to Ilyas Dibirov was violated by the law. However, such arguments, as well as “abstract humanism”, are not in honor in Russia. It is now customary to be rational and reason in the categories of expediency: after all, he himself is accused of serious crimes.

But if we talk about expediency, does anyone really believe that the testimony obtained in this way can be put on the basis of the accusations that the court recognizes? And if the court nevertheless recognizes these charges, what will be respect for this court decision? Interesting: what they did and continue to do with Dibirov can move the real militants to leave the forest and “go down from the mountains”? Or to prevent someone’s departure “into the forest” and “to the mountains”?

The opposite is more likely. When the state, abandoning the categories of law and morality, itself becomes on one board with those whom he calls terrorists, it loses the right to judge in the eyes of citizens of legitimacy.

The American authorities justify what is happening on Guantanamo in that the prison is located outside the United States. Dubious argumentation.

But the one who puts the Caucasus for the line of the right, namely what takes him outside the country. After all, the refusal to comply with the laws - “the fight against terrorism” here is only an excuse - and is a symptom of the collapse of the state.