The court in Nalchik did not support the request of Bagaudin Myakiev, a defendant in the «rally case,» which forgave to appoint an independent construction-technical expertise to determine the damage caused, said the lawyer. A representative of the detention center said that it was impossible to assess the damage, since the premises had been repaired, he explained.
On March 11 in Nalchik Magistrates’ Court a session was held in the case of Bagaudin Myakiyev, a former political prisoner involved in the «rally case.
A witness for the defense, who was also in the punishment cell during the riot, was questioned at the hearing, the lawyer told Fortanga
. «He confirmed that the prisoners broke the toilets on July 15 and 16 (2021), and not on July 17 (2021), as the injured party, Nalchik SIZO, is trying to present. On July 17, the staff only inspected the cells and recorded the breakdowns made by inmates on the previous two days,» explained the lawyer.
«Aushev said: «The staff of the pre-trial detention center deliberately conceal the date of the riot because they should have responded immediately to the incident, fixed and fixed the damage, instead of keeping people in unsuitable premises.
«The witness also confirmed that [I was beaten] on July 17, as detainees shout between cells after such incidents, and this information is known to the whole SIZO. He also said that he met me in the corridor one day the next day and saw a bruise under my eye. There was a short conversation between us, during which I told him that I had been badly beaten twice and that I had more than just a bruise,» Myakiev told Fortanga.
The court rejected a motion by the defense to appoint an independent construction-technical expertise to determine the damage, the lawyer said. «The victim’s representative referred to the fact that the cell in the punishment cell, where Myakiev was held during the prisoners’ riot, had already been repaired. Therefore, it is no longer possible to determine the damage,» said Aushev.
Earlier, Fortanga wrote that the damage was assessed on the basis of a certificate issued by the Federal Penitentiary Service itself, which is the injured party in the case and therefore cannot be considered objective. The list of breakdowns included not only toilet partitions, but also a broken window and floor.
Recall that Bagaudin Myakiev, a defendant in the «rally case,» served one year and 10 months on charges of inflicting violence on a Russian riot policeman. On January 18, 2022, the Fifth Court of Cassation in Pyatigorsk overturned this verdict, and a new trial will be initiated on this case. In July 2019, in the Nalchik pre-trial detention center where Myakiev was held, inmates placed in a punishment cell rioted against the poor conditions and poor food and broke toilet partitions, windows, and the floor. As a result, Myakiyev is suspected of intentionally causing damage to the detention center in the significant amount of 5,700 rubles (part 1 of article 167 of the Criminal Code).