10 December 2007, 18:17
Court of the capital of Kabardino-Balkaria obliges the prosecutor's office to eliminate its violations in criminal case on the fact of tortures of Kudaev
The Nalchik City Court has recognized the decision of Nalchik prosecutor's office to reject initiation of a criminal case on the fact of application of violence in relation to Rasul Kudaev to be illegal and unreasonable and has obliged the prosecutor's office to eliminate the admitted violations.
The decision of the Court runs that the refusal of the Nalchik prosecutor's office is based on the evidences of militiamen, i.e., interested persons. While the assertions of the prosecutor's office that the physical injuries that are present on Mr Kudaev were caused by his falling down inside the police van at the latter's turns during transportation of the detainee are not confirmed by the forensic medical examination.
The Nalchik prosecutor's office has appealed against the Court's decision in the cassation order to the Criminal Bar of the Supreme Court of the KBR (Kabardino-Balkarian Republic).
It follows from the cassation petition that on this case the employees of the prosecutor's office of Nalchik have made 12 refusals to initiate a criminal case, and 12 times it was cancelled by the public prosecutor's deputy.
The petition of the prosecutor's office further runs: "The allusions of the Court... to legal provisions of the European Court for Human Rights... are unjustified, since the Law in force in the Russian Federation is codified (part of the respective Code), therefore references to other countries' judicial precedents are vicious and cannot be taken as the grounds of the decisions passed under the RF Code of Criminal Procedure."
Author: Luiza Orazayeva, CK correspondent
