Consideration of the merits of the case on the murder of politician Boris Nemtsov at the Moscow district military court. The defendant in a criminal case Tamerlan Eskerkhanov (second from left)
In the Moscow district military court on Monday held the first hearing on the case about the murder of opposition politician Boris Nemtsov. In the dock five people — a former zamkomandira battalion “North” Zaur Dadaev, his relatives brothers Anzor and Shadid Gubareva, as well as their friends Temirlan Eskerkhanov and Khamzat.
The customer of murder the consequence considers now wanted Rusala muhutdinova — ex-the fighter of a battalion “the North” and a personal driver for battalion commander Ruslan Eremeev.
At the second attempt
The investigation of the case against the five accused, was completed in early summer, and in July the case was sent to court. But the beginning of the process was delayed due to the fact that the court could not form a Collegium of jurors. Many juries took recusals, told RBC the lawyers of the accused Shamsudin cakaev and Zaurbek Sadaharu.
“The reasons for the rejection was different — someone was going on vacation, someone just did not want to participate in a process that will take a long time,” said cakaev.
In the end, the jury was formed from the second attempt only September 28 — from 84 candidates, the court selected 12 main and 8 alternates. And on October 3 the court held the first hearing. In such an extended procedure is not unusual, the lawyers say, in practice, in assembling a panel on high-profile cases often require multiple sessions.
From the preparation before the murder
In court Monday the Prosecutor Maria Semenenko has announced the jury the version of the investigation, and the defendants stated that it did not admit guilt.
According to the prosecution, the resonant murder was committed by the five accused and the victim during the arrest of the sixth person involved in the case Beslan Shavanov 15 million, which they promised to pay mukhutdinov.
Crime preparation began in the fall of 2014, said Semenenko. The defendants began to collect information about politics via the Internet, set up surveillance outside of his house. For conspiracy, said the prosecution, they used “fighting tube” (this phrase was used by the Prosecutor) — specially bought for the crime of cell phones and SIM cards, the car ZAZ Chance. Also used the car muhutdinova — Mercedes ML c number 007.
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The apartment in which they lived, according to the prosecution, they took mukhutdinov on the street Fan in the capital.
27 Feb 2015 Savanov and Anzor Gubashev followed the politician and found that in the evening he went to the GUM. Through the large glass at the restaurant “Bosco” they saw how a politician eats at the company’s Ukrainian model Anna Duritskaya. He waited until the pair come out and go towards the Big stone bridge, they called Dadaev, said the Prosecutor.
According to the prosecution, Dada caught up with Nemtsov on a bridge and shot from behind. Arrived later the doctors pronounced the death of the policy — it got four out of six released killer bullets.
Dadayev immediately jumped in the car ZAZ Chance, which the bridge approached the patrol-guard service, and disappeared from the scene, said Semenenko. The car, the accused left on Novy Arbat street, while the street Fan got on the taxi, said Semenenko.
The next day, and told the Prosecutor, most of the accused went from Moscow to the Chechen Republic. “There were only those who thought that no one will calculate”, — concluded the Prosecutor. According to the materials of the case, in the apartment on the Fan left to live Eskerkhanov. A Bahai has lived in the village of Kozino in the Odintsovo district of Moscow region.
“Not pleaded guilty”, said Dada, when judge Yuri Sitnikov gave him a word. But with detailed testimony, the defendant declared that he intends to act only at the end of the trial. The same position was taken and the other defendants.
In March 2015, all the accused gave a confession and details of how they planned the murder. But later they refused to confess and said that they gave them under torture, and the text of the confessions dictated to them by investigators. Almost all of them during the preliminary investigation provided an alibi. In particular, Dadaev said that almost the whole day on February 27, spent Eremeev — went with him to the mosque, went out to dinner. Then I went to a club with friends and in the evening again went to see Eremeeva.
Bach, in turn, said that he was on a date with his girlfriend, and Eskerkhanov said that as the guard was accompanied by one of the customers at the nightclub.
In court, the lawyers of the accused asked the jury not to draw conclusions from the first proof, and more attentive to detail and to question all the statements of the prosecution.
In particular, the lawyer Sadaharu pointed out that the motive for the crime, according to investigators, is money. “But the investigation has not established, gave them someone somebody and where is the money,” — said the lawyer.
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“It was said [by the Prosecutor] that mukhutdinov — the customer. But he was only the driver of the battalion commander and Dadaev Vice commander. Whether the driver can be the customer for the second-in-command?” — questioned the lawyer.
Lawyers for the daughter of the deceased Jeanne Nemcova Olga Mikhailova and Vadim Prokhorov, in turn, said in court that do consider the crime unsolved. They insisted that the investigation has not established any true customers of the crime nor of its organizers.
Mikhailov recalled that the case was not questioned by the commander of the battalion “North” Ruslan Eremeev and officials about the interrogation, which asked the victims — the Deputy of Adam Delimkhanov, Senator Suleiman Eremeev and head of the Chechen Republic Ramzan Kadyrov.
According to the lawyers Mikhailova and Prokhorov, they could all be aware of the impending crime.
A consolidated position that the case was poorly investigated, prior to this he held the lawyers in the murder trial of journalist Anna Politkovskaya. The dock then was also only the alleged perpetrators — Chechen authority Lom-Ali gaitukayev and his nephews. They also did not plead guilty and demanded to conduct a more thorough investigation to prove his innocence.
On further investigation insisted and representatives of children of the deceased, but they, unlike the lawyers of the accused, was required to identify the customer of murder, whose name still is not named.
“These two cases are very similar,” — said the lawyer of the Politkovskaya’s children, Anna Stavitskaya. Because defendants do not admit guilt, they will never be able to hear the name of the customer. But for the victims the most important thing is to understand why it was murder and who was behind it, explains a lawyer.
“Set the customer can only result in judgment will deal with issues of guilt, only those who were in the dock. But probably, the investigators don’t really need, and they want to confine those who are considered performers,” said Stavitskaya.
The Politkovskaya case over the strict time limits for the accused gaitukayev, whom the consequence considered as the organizer, and the alleged killer Rustam Maxudov was sentenced to life imprisonment. Three of their alleged accomplices, the court appointed long sentences.
A long process
After hearing the parties, the judge gitnikov adjourned until Tuesday. At the next meeting, the prosecution intends to present to the jury a number of documents — including the Protocol of inspection of the crime scene and start questioning witnesses if they come to court.
As the lawyer told cakaev, in fact, there are 56 witnesses who can be questioned in court.
“Probably the whole process will be delayed until the New year,” — said the tsakayev. Following consideration of the panel of jurors will retire to the deliberation room where you will have to answer three main questions: was the event a crime, did his five defendants, and if so — if they’re guilty.