This material is available in other languages:
ru
29 Oct 2024
The Supreme Court of Dagestan Upholds Activist Eduard Ataev's Sentence
Eduard Ataev
Table of contents
On October 29, the Supreme Court of Dagestan upheld the November 2023 decision of the Khasavyurt District Court to sentence Dagestani activist Eduard Ataev to 6.5 years of imprisonment. He was charged with possession of weapons (Part 1, Article 222 of the Criminal Code), explosive device (Part 1, Article 222.1 of the Criminal Code), and drugs (Article 228 of the Criminal Code). The Supreme Court upheld the decision but excluded the recovery of procedural costs from Ataev.
Brief Information about the Case
Eduard Ataev is known for his civic and political activities - he was an organizer and active contributor to the independent election observation in Dagestan. Ataev addressed violations committed by members of precinct election commissions and officials, repeatedly filed lawsuits over election fraud, criticized local authorities, and held one-person pickets. He also represented the movement "Golos" and coordinated Alexei Navalny’s headquarters in the region. "Memorial" has recognized Eduard Ataev as a political prisoner. Detailed information about the case has been shared here and here.
Since late March 2022, Eduard Ataev has been in pre-trial detention at SIZO-3 in Khasavyurt. He categorically denied his guilt and claimed during court hearings that law enforcement officers planted the illegal items during a search of his home. Ataev also spoke of torture and numerous violations during the investigation.
Supreme Court Hearing
The criminal case with Eduard Ataev’s appeal was submitted to the Supreme Court on July 23, 2024. However, on August 15, the case was withdrawn from consideration and returned to the first instance court to fix deficiencies, as Ataev made remarks on the trial transcript.
On October 29, Ataev’s appeal was reviewed by a panel of judges: Abdulnasir Askhabov, Timur Gadzhimagomedov, and Magomed Magomedov. The session was also attended by Prosecutor Aliev and duty solicitor Sherif Sherifov. Ataev participated in the hearing via video conference from Khasavyurt’s SIZO.
Appeal
In his appeal, Ataev stated that the sentence imposed on him was unlawful, unwarranted, and unfair. He argued that the court's conclusions didn’t comply with the actual circumstances of the case, citing significant procedural violations and the incorrect application of criminal law. The activist emphasized that the court's judgment distorted his statements about illegal items and substances being planted on him. The social activist believes the action against him is linked to a post criticizing the authorities he published in March 2022. Ataev also pointed out that protocols of the search, arrest, interrogations, and formal charges support his innocence.
Ataev also pointed out circumstances that proved that the search of his home was unlawful and that some documents, including police reports and responses to requests, were falsified. The criminal case materials lacked witness signatures and documents that could confirm the authority of those searching. According to Ataev, he wasn’t read his rights and wasn’t allowed to contact a lawyer before the search. Not all the participants of the search were documented in the official protocol. Ataev asserted that the ammunition and drugs allegedly found in his home did not belong to him. He claimed that on the way to the Khasavyurt District police station after the search, a bag was placed over his head, his palms were forced shut, and objects resembling a grenade and a pistol were forcibly placed in his hands.
When reviewing the criminal case materials, Ataev found that several procedural documents were missing, including motions he had submitted to the investigator, reports of crimes, and complaints about the investigation process filed under Article 125 of the Criminal Procedure Code. His statement regarding the use of illegal investigative techniques against him wasn’t properly addressed, as he was questioned on this matter only 15 months later. According to Ataev, the court transcript lacked important circumstances of the case. The complaints he filed were disregarded by the court.
The activist requested the Court to overrule the Khasavyurt District Court's verdict and declare the search warrant for his home unlawful.
The activist requested the Court to overrule the Khasavyurt District Court's verdict and declare the search warrant for his home unlawful.
Speeches at the Hearing
In his speech, attorney Sherif Sherifov fully supported the arguments presented in Ataev's appeal. He drew the court's attention to several circumstances that may indicate falsifications during the search, the choice of preventive measures, and the trial. The attorney emphasized the following points:
- The search was conducted in violation of the law.
- The involvement of the Center for Combating Extremism (TsePeE) in an investigation concerning drugs and weapons was not justified.
- The case materials include four reports and interrogation transcripts from various operatives, all containing identical content.
- The source of information about Ataev's alleged involvement in the crime was not specified.
- The case lacks an order transferring police operation materials to the investigator.
- Operatives who testified in court could not clarify who conducted the operational activities against Ataev.
Sherifov asked the court to consider these circumstances and grant the appeal.
In his statement, Ataev supported the appeal and the attorney's arguments. He specifically pointed out that several days after the search, the investigator issued a decree confirming that Ataev was not connected to the individuals whose case led to the search of his home.
Prosecutor Aliev deemed the activist's appeal unfounded. He argued that the evidence presented in the first trial court was properly evaluated and cumulatively confirmed Ataev's guilt. The prosecutor saw no grounds for declaring this evidence inadmissible. According to the prosecution, the verdict corresponds to the factual circumstances of the case, and the punishment aligns with the nature and degree of public danger posed by the offense. Prosecutor Aliev requested the court to dismiss the appeal and leave the verdict unchanged.
Debate
During the debate, attorney Sherifov pointed out discrepancies in the signatures on the reports and interrogation protocols - in his view, this indicates violations. Ataev himself emphasized that the illegal substances were planted on him, stating: “These substances appeared after the arrival of the police; all the facts confirm my innocence.”
Prosecutor Aliev again made a formal request: “I request that the verdict remain unchanged and the appeal be denied.”
Ataev delivered a brief remark, noting the inaction of the investigation in response to his motion to examine video footage from cameras near his home, which was never reviewed.
Final Statement
In his final statement, the activist linked the criminal prosecution against him to his civic activities.
Eduard Ataev
"I believe this is all about my social and political activity. I was involved in the observation of elections, which in our country are often accompanied by fraud, and I criticized the current authorities. I connect the initiation of the criminal case against me with this."
Ataev urged the court to make a fair and well-founded decision and reiterated that he had no connection to the illegal substances, which appeared in his home after the arrival of the police.
The judicial panel deliberated and announced the introductory and operative parts of the decision: the ruling of the Khasavyurt District Court dated November 22, 2023, was amended to exclude the recovery of procedural costs amounting to 64,540 rubles. In all other respects, the judges upheld the sentence, dismissing the appeal.
