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22:10, 23 March 2010

The defendants in the Nalchik attack case plead to be released

At a court session held on March 22 to hear the case dealing with the attack by gunmen on law enforcement facilities on October 13, 2005, the participants of the court proceedings discussed the restraint to be imposed on the defendants as their retention in custody expires on March 27. The prosecution insists on applying the previously imposed restraint in the form of detention in custody whereas the defence lawyers demand that it should be changed referring to the defendants' health condition.

Olga Chibinyova, in charge of the group of state prosecutors, requested to extend the period of detention in custody of all defendants for three more months as they had been accused in committing grave and particularly grave crimes.

In this connection, Chibinyova reminded the court of a witness who had informed of the threats made against her when two unknown men had come to her house and warned that she should think twice before deciding to give evidence in court proceedings. The prosecution believes that if released the defendants may exert pressure on eyewitnesses.

Insisting on the absence of grounds for changing the measure of restraint for any of the defendants, the prosecution also referred to the fact that no defendant had submitted any documents confirming the presence of serious illnesses.

Zalim Zagashtov, defence lawyer, stated that the prosecution had not provided any grounds justifying the detention in custody of each of the defendants. The defence layer also challenged the evidence concerning the threats against the eyewitness. "Why should we believe that that these threats, even if they had been made, had been made by defendants or the defence layers?" asked Zagashtov.

Abubakarov also stated that many defendants need medical assistance and "everyone is aware of this situation but turns a blind eye to it."

Defendants Sergey Kaziyev and Aslan Berov requested the court to deposit the medical documents confirming that they suffer from serious illnesses. The court granted their request.

Defendant Albiyan Malyshev, while requesting to change the restraint, stated that he was unaware of the crime he had been charged of: "There are no even false accusations made against me."

Some of the defendants also mentioned the facts of fabrication of evidence when the eyewitnesses said that they had not given such evidence.

The court ruled to announce the decision concerning the measure of restraint on Tuesday, March 23.

Author: Luiza Orazaeva

Source: CK correspondent

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