Hearings on murder of Khlebnikov to resume today

Hearings on the murder of Paul Khlebnikov, chief editor of the Forbes magazine Russian version, will re-start today at Moscow city court, as the Moscow city court press-secretary Anna Usacheva has informed the RIA "Novosti." The hearings are to be resumed after a long break. "The court session will start anew from the preliminary hearings. The parties will submit their petitions, including a petition on consideration of the case by a single judge or by a jury," says Usacheva.

The judge's illness became the ground for considering the case from the beginning. "The judge who initially considered the case is now under treatment in hospital, therefore, the case has been given to another judge," notes the press-secretary.

Meanwhile, the lawyers intend to appeal to the court for conducting open hearings. "In all probability, the case will be considered from the very beginning, and the jury will be disseminated. We intend to insist on an open court session," as lawyer Ruslan Zakaliuzhny who represents the interests of one of the defendants has stated to RIA "Novosti."

Paul Khlebnikov was murdered in Moscow on July 9, 2004. Three persons, Fail Sadretdinov, Moscow notary, and two Chechens, Musa Vakhaev and Kazbek Dukuzov, are under trial.

The criminal investigation established that the murder had been committed by the participants of an organized criminal group which included Chechen residents Kazbek Dukuzov, his brother Magomed Dukuzov, Musa Vakhaev, Magomed Edilsultanov and others. The investigation also established the customer of Khlebnikov's murder - it was Khozh-Akhmed Nuhaev, Chechen resident, who asked the criminal group members to murder Khlebnikov for money. At present, Nuhaev, Edilsultanov and Magomed Dukuzov are declared as wanted.

For reference, on February 13, 2006, Fail Sadretdinov, Moscow notary accused of complicity in the murder of Paul Khlebnikov, chief editor of the Forbes magazine Russian version, submitted an address to Tikhomirov A.V., chief of pre-trial prison 77/5, and to his defence lawyer Е.L. Liptser. From these addresses and from the description of torturous conditions of detention it may be seen what exactly made the inmate of cell number 04, an invalid of category 2, risk this act of despair, runs the report of information agency "For Human Rights" submitted to the "Caucasian Knot."

"My cellmates have repeatedly submitted you collective statements on taking measures to consider the issue of impossibility of detention, under the existing conditions, in cell 04 of mixed department, but in vain (statements from the following persons on trial: Zasev Z.Z., Liukin Y.М., Tkachuk А.N. - editorial note)," Sadretdinov writes.

In his letter, the person accused of murder of Khlebnikov states that the cell of approximately 8 sq m total area and not more than 5-6 sq m if the toilet and washing zone is excluded, houses 5-6 persons. "Today, there are 5 people in the cell with two two-level beds," claims Sadretdinov and adds that water drops from the ceiling and flows down the walls of his cell, "the humidity is such that all the mattresses are always wet."

According to him, the constant humidity hampers breathing not only of those who suffer from lung diseases but also of all people in the cell. Due to cold weather outside, the temperature in the cell is not above +5 +6 degrees because the central heating battery seems to be only warm enough to avoid the freezing of the central heating system. The situation is aggravated by the fact that, due to lack of space for moving for the sake of keeping warm, one has to wear jackets, coats and all warm clothes. "In the cell which is damp anyway, the toilet cock leeks. A new one has repeatedly been asked for," complains the notary who claims that all people in the cell caught a cold long ago and suffer from lung diseases.

Since no appeals to the pre-trial prison administration and doctors seem to reach them, Sadretdinov has officially applied to the pre-trial prison with a request to "check the above facts, contained in this complaint, in your institution and undertake measures to make the detention conditions in the cell at least approaching the humane ones."

Note that a letter from Fail Sadretdinov has also arrived to the Moscow City Bar Association, the law firm No. 10, lawyer Liptser. The person accused of murdering Khlebnikov asks her to apply on his behalf to competent and other organizations, including international human rights defending organizations, on the issue of complaints of persons under trial against detention conditions in the pre-trial prison 77/5.

"The worst things are constant cold and dampness," states Sadretdinov in his letter. "The small heating battery is only warm enough to prevent the central heating system from freezing. This is done intentionally, as is demonstrated by the fact that, prior to the visit of the officer on duty coming to check on our complaints, the battery was literally as hot as boiling water, but only for 20 minutes, making us seem stupid wanton "moaners" after he closed the door behind him. In all other cells where I have been kept upon the will of the pre-trial prison administration the central heating, even during severe frosts of this winter, works well."

Sadretdinov claims that the small window in the cell is only partially glazed and the cell is blown by draughts.

Additionally, as Sadretdinov writes to lawyer Liptser, one and the same pipe supplies water to the toilet and the wash-stand for drinking water. "All attempts to attract attention of the administration to this situation by statements and complaints, which yield no result, only demonstrate that this is all done upon the request of "concerned" persons and structures and exists by default, if not through an active support of such conditions for special cells," runs the letter.

Sadretdinov claims that he was visited by representatives of unknown agencies who promised to transfer him to a cell with better conditions if he signs confession.

"A complete neglect of basic sanitary and hygienic norms is accompanied by intentional and purposeful humiliations," runs the address of the person accused in the case of Khlebnikov to his lawyer. "The only electric socket is located directly over the lavatory pan. The standard length of the immersion boiler cord and lack of other shelves for boiling water leaves an alternative either, as everyone does it at the beginning, to boil water in the cup while holding it in one's hands or, when tired of all this, putting it on the lavatory pan. If one tries to independently lengthen the boiler cord the boiler would be confiscated as a self-made appliance which is forbidden."

Previously, it was reported that Fail Sadretdinov, Moscow notary and defendant in the case on the murder of Paul Khlebnikov, chief editor of the Forbes magazine Russian version, made an attempt of suicide, reports RIA "Novosti." This was made known by a source in the capital's law enforcement agencies. " Sadretdinov has made an attempt of suicide. He tried to cut his veins," said the agency interlocutor.