The prosecutor's office is demanding that the accused, who has a disability, be kept in the Khasavyurt pretrial detention center.
The Dagestan Prosecutor's Office has filed an appeal against the Khasavyurt Court's ruling that Muslim Ediev's detention was unlawful due to his illness. Ediev remains in pretrial detention and complains of a worsening condition, his lawyer reported.
As reported by "Caucasian Knot," investigators are holding Khasavyurt resident Muslim Ediev in custody despite an illness that prevents him from remaining in custody. The court agreed with the defense, but investigators are in no hurry to prepare materials for a mitigation of his pretrial detention, according to his lawyer, Aidemir Ismailov.
Prior to his arrest, 45-year-old Muslim Ediev worked as a security guard at a military commissariat and was in good standing. He was charged with drug possession, but Ediev pleads not guilty. Since 2015, he has suffered from the rare disease "Still's disease" and has a second-degree disability. The disease is on the list of serious illnesses that prevent detention.
Defense lawyer Aidemir Ismailov learned in court today that the prosecutor's office has appealed the court's October ruling that found the investigator's refusal to change Ediev's pretrial detention unlawful.
"True, I didn't officially receive a written document; I was informed of this verbally in court. After receiving the prosecutor's appeal, I will file a response, and then the case will be sent to the Supreme Court of Dagestan for consideration, which could take a month or more. But for now, Ediev is forced to remain in pretrial detention," he told a "Caucasian Knot" correspondent.
Today, the lawyer was in court regarding another complaint he filed against the investigator—for conducting a second medical examination of Ediev without a request from the defendant or his defense.
“At that court hearing, when the decision was made regarding the illegality of his detention, the investigator, in objection, announced that they had conducted a new medical examination of Ediev, which allegedly did not reveal Still's Disease. After that court hearing, a few days later, when everything was over, he sent me a new medical report via WhatsApp. But, interestingly, it does not comply with the form, which is also established by the decree of the Government of the Russian Federation. It turns out that the investigator illegally, without grounds—which is a written statement from me or Ediev, which is mandatory—reassigned the examination. Moreover, the re-examination was conducted by the same doctors who had previously, while Ediev was still at large, discovered the disease and confirmed the diagnosis. Perhaps pressure from the investigator forced them to change their conclusion. "Under Article 125 of the Criminal Procedure Code, we request that the investigator's actions in sending my client for a medical examination without the grounds specified in the regulations be declared unlawful," Ismailov said.
Today, the court postponed the hearing until November 17, as Ediev was not informed of it in advance. "He was only recently sent a letter from the court to the pretrial detention center. Once he receives it, he will decide for himself whether to participate in the hearing or not. He is, of course, aware of my complaint, but formalities must be observed," the lawyer explained.
According to him, his stay in the pretrial detention center has negatively impacted Ediev's health. "I haven't officially requested information about his condition yet, but I saw him on November 12. He verbally reported that his health is deteriorating, his temperature is periodically rising, and he's not receiving any treatment yet. Of course, he's receiving all the help he can, but the pretrial detention center doesn't have all the necessary medications. When he gets an inflammation, they give him pain medication," Ismailov noted.
Translated automatically via Google translate from https://www.kavkaz-uzel.eu/articles/417164