Son for the father

In the Krasnodar Regional Court, hearings begin in the case of the son of the leader of the Crimean Tatars Mustafa Gemillev - Haiser Dzhemilev

According to investigators, on May 27, 2013, Haiser Dzhemilev shot the 44-year-old Fevisi Edemov from his father’s gun. After the anxia of Crimea, Mustafa Jmilev appealed to the European Court of Human Rights with a request to free his son from the pre -trial detention center, since the crime he sane is qualified as murder by negligence. On July 10, the ECHR decided to release Haiser Dzhemilev from a pre -trial detention center. Russian justice has not yet responded to this decision. The defense concerns the actions of law enforcement agencies as a method of pressure on Mustafa Dzhemilev.

About this Radio Liberty was told by the lawyer of Haiser Dzhemilev Nikolai Polozov :

- Of course, in our position we relied on the decision of the European Court, which states that Dzhemilev should not be taken from the Crimea or should be returned to Ukraine. Unfortunately, Russian instances up to the Supreme Court, in fact, ignore this decision of the European Court of Human Rights, which, in my opinion, is a gross violation of not only the rights of Haiser Dzhemilev himself, but also international legal agreements, since Russia was ratified by the charter of the Council of Europe, according to which the European Court extends its jurisdiction, including the territory of the Russian Federation. However, we continue to work on protection. In our Krasnodar Regional Court, a meeting with the participation of the formed jury, during which the prosecutor and protection with entrance speeches will perform, and the procedure for researching evidence will also be determined.

- What is Haiser Dzhemilev accused of?

Here, of course, we see a political component, namely, the use of Haiser as a hostage for pressure on his father - Mustafa Dzhemilev

- He is charged with the theft and storage of weapons and ammunition, as well as a deliberate murder committed from hooligan motives. Although this contradicts the initial charges, which was still charged with Ukrainian law enforcement agencies in 2013, here we see, of course, the political component, namely the use of Haiser as a hostage to pressure on his father, Mustafa Dzhemilev, since the Russian investigation tightened the qualifications of his act after the conversation between Mustafa Dzhemilov and Vladimir Putin. It is a matter that he, using his authority and influence, somehow direct the actions of the Crimean Tatars towards the interests of the Russian government. But since Mustafa Dzhemilev unequivocally replied that he would not cooperate with Vladimir Putin, of course, his son’s business is used as an instrument. In the same way, the Ukrainian authorities, when President Yanukovych, tried to use their son to pressure on his father. In this case, the Russian feers has adopted this baton. And of course, it is sad to observe that such an institution of hostage appears in Russia.

- Protection insists that it was a murder by negligence?

- Undoubtedly! It was an unintentional murder. We can say that it was a tragic accident that entailed the death of a person. And we expect the jury will still stand on our side, because it is obvious that there was no hooligan motives, as the investigation, in the actions of Haiser Dzhemilev.

- It is known that during the selection of jury in the Krasnodar Regional Court there were problems. Could you explain what their essence is?

- The fact is that when forming a jury college, both sides - both the defense and the prosecution - are entitled to motivated the allocation of a number of jury according to a number of criteria. So, the court granted these petitions from the prosecution. At the same time, the court rejected all the jury that we declared to be motivated for the withdrawal, and there were reasons for that. The court also rejected the application for the release of the formed jury due to its tendentiousness. The fact is that during a survey of jury asked them the question: how do they relate to the accession of Crimea to Russia, is it positive? How do they relate to the actions of the Ukrainian authorities? How do they relate to the actions of the deputies of the Verkhovna Rada of Ukraine? All jurors, let’s say, showed a patriotic position for Russia, which, in my opinion, is the basis for the allocation of the entire jury, since, of course, extrapolation of the personality and activity of Mustafa Gemillev on his son Haiser can occur in their minds. But the court, unfortunately, rejected this statement. Therefore, the jury is formed and, in fact, a judicial consideration of the case is already beginning.

An act was committed against a citizen of Ukraine and, accordingly, a citizen of Ukraine. Therefore, Russia, in principle, cannot in any way judge Haiser Dzhemilev

- Why is the case considered by the Krasnodar Regional Court, and not by the court in the Crimea, where the case took place?

- Not only that, if it is completely deepened, then the matter took place in the Crimea when it was part of Ukraine and did not dispute anyone. An act was committed against a citizen of Ukraine and, accordingly, a citizen of Ukraine. Therefore, Russia, in principle, cannot in any way judge Haiser Dzhemilev, since he is not a Russian citizen. And as a result of his actions, no damage to Russian citizens or Russian interests was caused. But at the same time, there is a certain deformation of the legal field by interfering politics. And in the Supreme Court there were several meetings, during which the jurisdiction of this case was determined. Since the Supreme Court of the Republic of Crimea has not yet been formed at the time of the decision in the Supreme Court, the Supreme Court determined the Krasnodar Territory as a jurisdiction, as the most geographically close to the Crimea of the Russian Federation. It is worth noting that a week after the issuance of this act by the Supreme Court, a court was still formed in the Republic of Crimea. Here I see the controlled process. It was necessary to condemn Haiser Dzhemilev as soon as possible and, accordingly, chose the Krasnodar Territory.