
Last Thursday, the Urus-Martan city court resembled the besieged fortress. Throughout the perimeter, their legs wide apart, the fighters armed with machine guns stood in NATO uniforms without any identification stripes. Their bearded faces were so harsh that even cars seemed to pass by tiptoe. Typically, the noisy central street of Urus-Martan bothered with tense silence. As always, a numerous crowd of civilians, regularly attending the process in the case of the first Chechen political prisoner Ruslan Kutaev, this time observed a decent distance. No one even made attempts to pass by two machine gunners who blocked the entrance to the “Temple of Justice”.
A certificate with large letters "Press" and a joke "Where did you hide the armored personnel carrier?" They did not cause any response to the fighters of unknown origin. Only the machine gun lazily moved the muzzle. However, the iron door of the passage opened in front of my nose even before the finger rested on the button of the intercom call.
- For what purpose did you come to court? - asked the bailiff, for a long time - my good friend.
- You are judged here by Ruslan Kutaev, - I remind you. - I've been writing about this process for four months.
- Sin in the window passport and stand still! - He portrayed the maximum degree of severity.
I did not have other options, since access to the territory of the court was overlapped by three more bailiffs - all familiar faces.
- What's happening? The guys asked quietly.
- Lord! - They answered me concisely.
- Here? - I nodded to the trial.
Confirming nods were the answer.
The situation cleared up: unidentified fighters were guarded by the head of the administration of the head of the republic Magomed Daudov. This high -ranking and terribly influential official, known to the whole republic for the call sign “Lord”, in fact, stands at the source of the case of Ruslan Kutaev. Kutaeva is only formally judged by the 228th article (drug storage), and in fact-for disobedience to the order of Daudov. Just about this, I wrote in the article “Pride and Warning”. The article went on Wednesday. On Thursday, Daudov arrived in court. Promptly ...
... A walkie -talkie rumbled in the passing window. The duty officer with someone consulted in Chechen. My last name appeared in a conversation.
- Forbidden! - said the attendant, and his voice suddenly gave a rooster. - The recorder is impossible, the pen is impossible, the phone is impossible ... In general, all that you have with you, leave in the storage room. Only then will you pass.
- And how will I work? - I was not up to jokes. “Or do you think I'm going to take a vacation here?” Can I talk to the chairman of the court?
The walkie-talkie again gloomily.
“The recorder is possible, a pen is impossible,” the duty officer said not a very logical verdict. And he added unexpectedly imploringly: - Please do not argue. You will be given a pen and paper in the courtroom.
However, it was still necessary to break into the courtroom. In the dressing room two, two meters of the Urus-Martan court, I counted nine armed bearded fighters who organized the indestructible defense of the meeting hall. Only the lawyers of the defendant were allowed. Nobody was released. Local bailiffs modestly stuck on a bench in the corner. They moved, giving way.
“Focus on the ground,” I ask the guys in a whisper, almost without moving your lips.
-At night, the Lord came to Urus-Martan. His guard dragged Kutaev from the IVS camera into the office of the police chief. They fought on the way. Ruslan was drunk, but he gave back. I cut it, you see? Which is dense with a red beard, in a suit.
- The chief of security? - I'm clarifying.
- He is the most.
The chairman of the Kutaev case, Judge Dubkov, came out of his office. I rushed to him:
- Alexander Viktorovich! Here no one is allowed into the courtroom. This is a gross violation of the laws of the Russian Federation!
“Uh ...” said Judge Dubkov. One of the bearded men of the Lord made the movement with his hand - the gesture unambiguously prohibiting.
- This is a federal judge. He is the main one, ”I explained to the bearded man.
“He doesn’t solve anything here,” the bearded man snapped.
Judge Dubkov disappeared in his office. I went to the head of the lord guard.
- I am the press. What is your name?
The chief of security smiled.
- We know the laws of the Russian Federation. Do not worry, nothing will begin without you.
... It was not possible to talk with Ruslan Kutaev before the process. His cell was surrounded by three bearded men with machine guns: his native convoy, which good -naturedly allowed to communicate with the defendant, as much as necessary, was pushed into a corner. Ruslan looked exceptionally depressed, but smiled and showed his thumb.
Three machine guns and many pistols. Too many weapons for any courtroom. And in this small space, it provoked claustrophobia. The number of people in the form dominated civil times. The hall was the head of the Urus-Martan police and the chairman of the Urus-Martan court. None of the press and women were allowed to go to court. Even the wife of Kutaeva.
Judge Dubkov with a tongue twister announced the beginning of the hearing. The prosecutor Bakhanoev rose.
- Due to the fact that the surname of the witness Daudov was repeatedly mentioned during the judicial investigation, I ask him to interrogate him. He appeared voluntarily ...
... A tall, thin man with a neat beard entered the courtroom. At his appearance, all those sitting in the hall stood reflexively. All, including the judge, prosecutors and elders of the native village of Ruslan Kutaev. Only the Nizhny Novgorod lawyer Kutaeva Petr Zaikin sat, to whom the solemnity of the moment did not immediately reach. Magomed Daudov was dressed in emphasized modestly, in the black form of Murid. On the index finger of the left hand is a turquoise counter, with the help of which the faithful count the Salavats praising the prophet Muhammad.
- Dear court! - Witness Daudov began to testify. - In this case, I, like everyone else, also sometimes go on the Internet, I read newspapers. There are times when my name, surname is mentioned here. Some people come, one might say, outcasts of the country, and all nonsense are buzzing here. They associate this business with some kind of political background. With citizen Kutaev, I'm unfamiliar. But I read that allegedly I took part in his detention, beat him. I would like to ask him this question himself: does he know me? Maybe he confuses me with someone?
The witness of Daudov paused and looked at the defendant. Ruslan Kutaev withstood Daudov's gaze and said nothing. With his fingers, Ruslan squeezed the edges of the bench of the defendants. But the face was calm.
“I didn’t beat him, I did not detain him,” the witness continued. “How do you know everything in the republic, my surname Daudov.” My name is Magomed. During two wars, when I served, I had a radio callive "Lord". And this was attached. And this is not my social situation and not my title. I have the title of Hero of the Russian Federation, which I proudly wear, and I do not need other titles. And when they ask such provocative questions regarding my personality, it is a shame for me. I heard that at the last meeting after mentioning my name there was laughter here. I do not work in the circus, so that, pronouncing my name, someone even thought to laugh.
And now I would like to see who will now laugh at the mention of the name Alaudinov (First Deputy Minister of the Ministry of Internal Affairs of the Czech Republic - E. M.) or Daudov ...
The witness turns and looks around the hall with a heavy look. I dare to defuse the situation and smile at Magomed Daudov when he looks at me. Suddenly he winks and smiles broadly back. Strong impression ...
- And the second. Maybe I say wrong - I am in such a role in this process for the first time, ”Daudov continues. “But I would like the accused’s lawyer to respect any citizen of the Russian Federation, in particular, his name.” I’m not saying that the respected Peter Ivanovich Zaikin ( knowledge of the middle name of the Nizhny Novgorod lawyer defending Kutaev clearly showed that the witness Daudov responsibly prepared for his speech. - E. M. ) in childhood, large boys called a staircase. And in general, I will not be surprised if he gets up now and begins to stutter.
The meaningful pause followed again. The silence of the witness Daudov was interrupted by the witness of Daudov himself.
- I have everything!
- If I understood correctly, you did not know Kutaev, you didn’t know, did not meet, did not call, didn’t beat? - said the prosecutor Bakhanoev.
“If I detained him, if I beat him, if I know him, let him get up and tell me it himself,” the Lord grinned.
- Defendant, do you have questions? - the judge asked quietly, buried his eyes on the table.
“I have no questions,” said Ruslan.
- But I have! - said lawyer Petr Ivanovich Zaikin. - You said that personally with Kutaev are unfamiliar. And communication without personal contact ...
- On the phone? - quickly realized Daudov. - Was! It was, if I am not mistaken, in February. Kutaev’s number was given to me by Bugaev (one of the organizers of the conference dedicated to the 70th anniversary of the deportation of the Chechen people. - E. M.). I called, introduced myself and said that I would like to meet. Kutaev answered me that he was not in the republic. I asked him: "When will you be in the republic?" He told me that he would go to Nalchik, where he has a conference, after - to Pyatigorsk. On Saturday it will be in the republic and meet with me. The next day I myself was in Pyatigorsk. Khloponin held a meeting. And I decided not to distract Kutaev from his affairs, to call him and say that I myself am already in Pyatigorsk at a meeting and could meet him there. But his phone was turned off, and, unfortunately, I could not get through to him.
“You certainly couldn’t get through to him?” - said lawyer Zaikin.
“I couldn’t,” said Daudov. - He had a phone turned off.
Strange ... During the journalistic investigation in the Kutaev case, I managed to get the detailed and outgoing calls of one of the numbers of Ruslan Kutaev. So. On the morning of February 19, at 9.42, from the phone +7 925 xxx 888, a call received a call to Kutaev's number. The conversation took place lasting 4 minutes 19 seconds. After this conversation, Kutaev turned off the phone and never used this number again. This detail fully confirms Kutaev’s testimony and contradicts the testimony of Magomed Daudov.
- For what purpose did you call Kutaev? - asked lawyer Zaikin.
“If the meeting took place, I would tell you what we were talking about, or Kutaev himself would tell you.” But, as they say, there is no conversation - and there is no case, - the witness left the answer.
- Can you explain to the court the motivation and content of your conversation? You are a senior official of the subject of the Russian Federation, and the persistence with whom you tried to meet with an ordinary citizen was unlikely to cause an ordinary reason, ”the lawyer Zaikin insisted.
“Of course, I can say that I wanted to sell my car to him, but of course you won’t believe me,” Daudov smiled.
“I won’t believe it,” the lawyer Zaikin smiled back.
- Look, dear Peter Ivanovich! I called citizen Kutaev. I wanted to talk to him about one business. Maybe I don’t want to disclose here, what I wanted to talk about with him?
“I will explain to you why your answer to this question is so important to me.” In this trial, information was obtained that the cause of your desire to meet with Kutaev was an ambiguous situation in connection with the conduct of a scientific and practical conference dedicated to the 70th anniversary of the deportation of the Chechen people. A significant part of the participants in this conference was invited on the same day to the administration to talk with the head of the republic.
- And you ask them a question, have they met with Daudov or Alaudinov - there really is no difference? And some, perhaps, will tell you that they met with us. And some will not tell, because I have no time to meet everyone. Let’s another question, Peter Ivanovich!
- You named the name of the First Deputy Minister of the Ministry of Internal Affairs for Chechnya Alaudinov ...
“I'll explain to you why.” In the Novaya Gazeta, the latest publication mentioned my name and name of the First Deputy Minister of the Ministry of Internal Affairs for the Chechen Republic Alaudinov Aronovich, deeply respected by me ....
“Today at three in the morning I read this article to understand why in the Chechen Republic such an increased interest in this publication,” the lawyer Zaikin nodded.
- And I don't understand! Man is judged by the 228th article. And why is this business confused with politics? With people who are engaged in politics! Look! The Deputy Minister of the Ministry of Internal Affairs, who is subordinate to so many personnel! Why should he beat his subordinates with such a mass? Moreover, together with a still rather young and healthy person (shows himself. - E. M. )? You did not ask yourself this question? If you continue to mention my name, I will also turn to the relevant authorities for slander there and the rest ...
-You understand, Magomed Khozhamedovich, on February 24, Ruslan Kutaev, by order of Alaudinov, was taken to the office of the head of the Urus-Martan police to meet with human rights activists. When examined on the body of Kutaev, abundant hematomas were found. The origin of these bruises is incomprehensible, since at that time he was under the control of the police for a long time. Therefore, the question arises: what do you know about the circumstances of these injuries Kutaev?
- Do you think, dear Petr Ivanovich, that the head of the head of the administration of the republic should report on every bruise of every citizen of the republic? This is, firstly. Secondly, in the years of my youth, when I was the head of the police department, all kinds of ... and people in alcohol intoxication were brought to me. You yourself know as a former soldier that intoxicated people are with bruises. They do not control themselves! You can hit the pillar there. O paving border ... Did you ask this question to your client?
- Yes.
- I would like to know what he answered.
- I cannot voice his testimony without his consent.
“Well then, you yourself must know how he received these injuries.” But I am not authorized to give orders - all the more illegal! - federal structures. Neither the FSB, nor the Ministry of Internal Affairs, nor the Investigative Committee, nor the prosecutor's office, nor the court ...
- Do you still have questions, lawyer Zaikin? - Judge Dubkov started.
- Yes, your honor. Magomed Khozhakhmedovich! Recently, your republic has a tendency to mitigate the preventive and punishment measure. For example, house arrest and conditional punishment began to be widely used. I am interested in your position on this issue. A person has five children, two of them are disabled ...
“I understood your question, Peter Ivanovich.” We are all people. If someone is mistaken, and circumstances such as young children ... and I know the practice of the Supreme Court of Chechnya. And I think that you do not need to do this with a person because of one mistake. I have an enemy - this is Wahhabi. A person who kills and makes evil to my people. To such people, I declare this as a citizen and as an official, there can be no condescension. This person (a gesture towards Kutaev) is accused by an ugly, frankly, article. But a person may be wrong. At least if I ask me as a citizen, I would, a respected court, would ask that Kutaev is a human rights activist, a politician, young children again ... I am not a supporter of a strict force policy towards a person who was mistaken once. I know what our FSIN system is, and how people are contained there, and how they come from there. Members of the company, including citizens of the republic, pay taxes so that people do not spoil in such places. But, unfortunately, we give a person for ten years, and there <in the colony> he is finally spoiled. The mind does not come to people there. The prison of people spoils ...
Chechnya
PS of the lord's motorcade, in which I counted at least four cars with the numbers of the EE series (the same series was on cars that took the detained Ruslan Kutaev on February 20) sharply launched, and after 10 seconds the rear court of the Urus-Martan court took its usual sleepy village species. The courtroom left all the armed persons.
To comprehend the aftertaste from a unique moment - for the first time in my memory, such a high -ranking Chechen official voluntarily (!) Came to an ordinary Chechen court to testify - failed.
As soon as the door of the courtroom slammed the door of the courtroom slammed, the court itself rolled down. Over and over, Judge Dubkov rejected all the petitions of the defense. He refused to call witnesses, to conduct a handwriting examination, although Kutaev’s signature on the protocol of his supposedly sincere recognition - the main evidence of guilt - causes strong doubts about authorship. When they examined the only thing in the case, it turned out that there was an extra seal on the envelope with the drug, although it does not have no in the photographs in the criminal case. This makes the material that is unacceptable evidence. "If there is no material evidence, there is no business, gentlemen!" - said lawyer Petr Zaikin. To which the prosecutor Bakhanoev irritably retorted: “If you do not see on the press envelope, this does not mean that it is not there!”
I must say that all this time, Judge Dubkov held a very high bar of the procedural sterility of the process. He simply did not give any reason to the side of protection to appeal to the Strasbourg court, since in principle he did not commit any gross procedural violations (only such violations can become a reason for a complaint in the ECHR). После визита свидетеля Даудова мне становится очевидным, что есть команда: во чтобы то ни стало закончить суд оперативно. Суд окончательно лишился пристойности, когда судья Дубков отказал подсудимому в праве на дачу показаний. Кутаеву для этого требовалось немного времени для ознакомления с протоколом судебного следствия. Протокол готов. Надо отдать должное — секретарь процесса работала сутками, чтобы его качественно сделать. Судья сказал: «Или давайте показания сейчас, или обойдемся…»
Но наивность — думать, что все закончится, когда закончится этот суд. Для чеченской власти, которая, азартно не подумав, обзавелась собственным политическим заключенным, все только начинается. Moreover! От превращения первого чеченского политзэка Кутаева в символ остался ровно один шаг: всего-то и надо — вынести обвинительный приговор с реальным сроком. Тогда в глазах чеченского общества Руслан Кутаев окончательно превратится в мученика, а имиджевые потери власти станут необратимыми.
Судья Дубков резко оборвал судебное следствие и назначил прения в рекордный срок, дав при этом понять, что готов закончить процесс без участия адвокатов и даже самого подсудимого. Петр Заикин в сердцах заявил: «Ваше поведение — это плевок даже не в правосудие. This is a spit in the direction of the Chechen people! ” После этих слов зал суда взорвался аплодисментами. Судья Дубков пытался навести порядок несколько минут.
PPS На этой неделе американская правозащитная организация Freedom House стала первой международной НКО, признавшей Руслана Кутаева политическим заключенным. В официальном заявлении президент организации Давид Крэмер сказал: «Тот факт, что Руслану Кутаеву грозит до десяти лет тюрьмы за его принципиальную позицию по трагическим событиям в истории чеченского народа (депортация 1944 года), — это абсурд. Это позор, что чеченские власти предали суду, по сути, достоинство и правду, тем самым отягчив свой и без того печально известный список нарушений прав человека».