Ziyavudin Magomedov. Photo: Vyacheslav Prokofiev/TASS
The Meshchansky Court of Moscow extended the arrest of the co-owner of the Summa group of companies, Ziyavudin Magomedov, until May 2022. Actually, there is no news in this — for four years now, starting from April 2018, Magomedov's arrest has been regularly extended, as well as his brother Magomed Magomedov and other defendants in the case. They are extending, refusing to satisfy petitions for bail, house arrest and ignoring the personal guarantees of famous people, for example, musician Igor Butman and businessman Gennady Timchenko: the guarantees of both were sent to the scrap, and the VIP witnesses themselves were subjected to obstruction in court — for allegedly not got to the bottom of the allegations.
The bottom line is this: in addition to the classic 159th («Fraud», allows you to choose milder measures of restraint), the defendants are also accused of the severe 210th («Organization of a criminal community and participation in it»), which is fastened today to every second entrepreneur who finds himself in a pre-trial detention center — well, to be sure to sit for a long time. The sanction is up to 20 years.
So on February 2, 2022, judge Olesya Mendeleeva routinely extended the arrest of the Magomedov brothers and other defendants again. The only difference was that
for the first time, the judge extended the arrest of Ziyavudin Magomedov in the absence of Ziyavudin himself in the hall. He fell ill
(temperature 38°), which he told her via video link from the pre-trial detention center (the medical unit of this institution did not let him go to trial).
“I ask you to postpone the meeting,” Magomedov addressed Judge Mendeleeva in a hoarse voice. — Firstly, I feel bad, I didn’t sleep for two nights, I have a temperature, headaches … Secondly, I have the right to be directly present in person in court when considering a measure of restraint. Third, extensions must be open. Fourth, I have the right to communicate confidentially with a lawyer. For prosecutors, the issue of extending the preventive measure is probably a routine issue. For us, this is still a significant issue … We have been sitting for 4 years already. I'm not talking about the fact that I need to prepare. I'm just sick. I can't participate today… Please reschedule.
Ziyavudin Magomedov was supported by the other five defendants and all the lawyers. They explained: we need to prepare, time still allows for the transfer: the term of the guard expires on February 13th. The judge was adamant and consonant with the prosecutor's office.
With Judge Mendeleeva at this trial, which has been closed since the fall of 2021 (closed at the request of the head of the “K” department of the FSB, Ivan Tkachev), this often happens. Ms. Mendeleeva, like almost any federal judge, supports everything the prosecutor's office asks and rejects everything the defense asks.
This time, Mendeleeva did not even ask the six defendants and nine lawyers for their opinion on the possibility of considering the petition of the investigation (a formal but mandatory requirement of the Code of Criminal Procedure).
— Will there be a petition? — the first thing she asked the prosecutor, as if somewhere in a hurry.
— It will.
— So let's go.
And not a glance in the direction of the cage and lawyers.
It seems like a small thing, but every sophomore in law school knows that such a small thing calls into serious question the legality of extending the guard.
Even the most odious judges, who deftly and automatically send citizens of all categories to a pre-trial detention center, cannot afford such an oversight — to “forget” about Article 271 of the Code of Criminal Procedure
(“The application and resolution of petitions ” with an obligatory clause in it: “The court, after hearing the opinions of the participants in the trial, considers each petition filed” ).
The fact that another article of the Code of Criminal Procedure — 244 (“Equality of rights of the parties”) does not work in the process against the Magomedov brothers, is somehow unnecessary to speak in this situation. A week ago, the defendants' lawyers officially asked the judge when the prosecutor's petition would be considered. The defense explained its interest by the fact that they wanted to bring guarantors and prepare the necessary evidence in favor of a milder preventive measure.