Lawyers consider appealing the acquittal in the Kambiev case promising

The acquittal in the case of the murder of athlete Aslan Kambiev must be overturned if the appellate court did not take into account all the evidence and witness testimony. Kambiev's widow has not yet received the court decisions for appeal.

As "Kavkazsky Uzel" wrote, the Supreme Court of Kabardino-Balkaria, which acquitted defendant Ruslan Kudayev and recognized his right to rehabilitation in the case of the murder of athlete Aslan Kambiev, ignored the testimony of witnesses, the widow of the murdered man said. Kambiev's relatives intend to file a cassation appeal, but cannot obtain documents from the court.

The widow of the deceased Aslan Kambiev, Azais Kambieva, and the lawyer for the injured party, who still cannot obtain court documents from the Supreme Court of Kabardino-Balkaria, have filed a number of complaints. They believe it is necessary to obtain a new hearing of the case in cassation, although they are not yet ready to provide a detailed commentary on the case.

"I can only say that my lawyer and I requested documents, certified copies to write a cassation appeal. But at present, we have not been given the court-certified judicial acts, so we cannot speak or draw any conclusions now. I cannot comment until I receive the judicial acts," Azais Kambieva told a "Caucasian Knot" correspondent.

The basis for overturning the sentence and reviewing the case may be that, in the opinion of the injured party, the court did not take into account all the evidence in the case, said lawyer Albina Pavlova, who is not associated with this case. "As far as I understand, the appellate court issued an acquittal. The injured party has the right to file a cassation appeal to a court of general jurisdiction," she said.

If the court unreasonably refused to examine the evidence, the sentence may be overturned, confirmed lawyer Timofey Shirokov, who is also not associated with the Kambiev case. The outcome of the appeal may depend on how active the parties were in the process - the prosecution, the defense, and the victims, he said. "Maybe the injured party, for example, was prevented from providing evidence," he said.

According to the lawyer, if a witness whose testimony changes the picture of the incident was not allowed into the trial, this may serve as a reason for review. "This is an argument for appeal, of course. All other things being equal, in a regular court, with such a witness, a person would have been convicted of at least exceeding the limits of self-defense," Shirokov explained to a "Caucasian Knot" correspondent.

Cases where such a serious crime as murder was not only reclassified, but the convicted person was acquitted, are extremely rare in practice, the lawyer noted. "If this were happening in an American or European court, I would probably say: "The defense did a good job, well done." But given the reality of Russia, there are, of course, big doubts about the objectivity of the court," Shirokov summed up.

Dismissal of a case due to the statute of limitations is not a rehabilitating basis, so the victims have the right to demand compensation from the accused, noted a reader of the "Caucasian Knot" under the nickname "Igor Sazhin."

“If the suspect has escaped prosecution due to the statute of limitations, then this is not a rehabilitating article, which means that money can be easily extorted from him through lawsuits. And most likely, the rehabilitation does not concern murder, but the acquisition and storage of weapons. So money can be extorted from him through lawsuits for murder. And the court will most likely go along with it. Especially since the court found him guilty of murder. So this person can simply be stripped bare,” - he wrote under a publication about the Kambiev case on August 7.

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