On February 7 and 13, 2013 at Preobrazhensky district court, Moscow next court sessions were held on the complaints of lawyers of the girls who had been released from “Produkty” store on Novosibirskaya street at the end of October. Finally, investigator Damir Samerkhanov was present at the sessions, against his inactivity the lawyers appealed. Yet this time again materials of inspection were not submitted and the court refused to consider the case without them in spite of lawyers’ protest. A new date was assigned for hearing for the second half of February.
On February, 7 Leonid Garbar, the judge of Preobrazhensky district court informed again Irina Biriukova, the lawyer of Civic Assistance Committee who represented Leila Ashirova, one of the released store staff, on failure to provide materials connecting to evaluation of the victim’s complaint by Damir Samerkhanov, investigator of Preobrazhenskiy Investigating Committee (IC), Moscow. Samerkhanov who was present in court explained that they were at Chief IC, Moscow.
Then Samerkhanov asked to explain to him the point of the matter. The lawyer provided him with the copy of the document for his consideration, after that the judge gave the opportunity to question the investigator whose inactivity became the matter of dispute. Biriukova asked Samerkhanov if any document or notification on inspection of the complaint had been addressed to the lawyer or her client. The investigator stated that he didn’t understand the reason for the trial, without answering the question. “I can’t see a reason for wasting the court’s time to consider this complaint. Please, enter it in the record that I am prepared today if the lawyer can, to provide her with the copies of the inspection materials at 1pm at our office”, – he said.
The judge asked the lawyer if she agreed to cooperate and to settle amicably. “I answered that I wasn’t to cooperate with the investigator because I didn’t understand why I had to do it. I tried to reason that it was not only the matter of absence of the inspection of our complaint but the absence of any notification on the investigator’s part on the process of inspection and proceeding decisions on the case. We have got no notification whatsoever”, – Irina Biriukova said. The judge interrupted the lawyer without considering the matter and postponed the session till February, 18. He told the investigator to provide the inspection materials for that date.
“He had the materials with him, I saw them. Though there were no proper signed copies either for us or for the court. I asked the judge to let me to explain that it wasn’t the matter of materials since the investigator didn’t deny that he hadn’t sent anything to us which was his inactivity per se. But most of my words were drowned by the judge’s shouts, who didn’t want to listen to any explanation. The result of my repeated attempts to explain to the judge the idea that the matter was not only the inspection materials but not informing me and my clients of the proceeding decisions on the complaint was that judge Garbar reproved me on the record”, – said lawyer Biriukova.
We would like to remind you that all previous sessions were cancelled because in a written answer to the court investigator Samerkhanov stated that the materials were at Moscow City Prosecutor’s office. Lawyer Biriukova insisted to consider the complaint without the inspection materials and the judge declined a motion.
On February 13 judge Zoe Orlova, at the hearing of case of Mutabkharon Abdullayeva’s and Bakya Kassimova’s complaint (lawyers Gulnara Bobodjanova and Emil Taubulatov) informed that through official channels the court had requested the materials of investigative inspection from IC, Moscow but still there was no answer from IC.
Investigator Samerkhanov, who was present at the session, informed the court that the investigation had appealed again against the decision to cancel the criminal case at the General Prosecutor’s office. That is where the case materials are being kept now.
Taking into consideration the absence of the case materials judge Orlova once again postponed processing of a complaint of victims for the inactivity of investigation.
“Judges had grounds to uphold a claim on the inactivity of investigation, since the investigator’s behavior and repeated failure of providing the court with materials is a direct and visible evidence of this inactivity. One might as well appeal against inactivity of judges”, – Svetlana Gannushkina, president of Civic Assistance Committee commented on the situation.
The next session on the claim of Leila Ashirova will be held in Preobrazhenskiy interdistict court on February 18 at 5 pm, on claims of Mutabkharon Abdullayeva and Bakya Kassimova – on February 27 at 12.30 pm. The sessions are open for mass media representatives.