Trial on Oyub Titiev: day 5

We are again in the Shali court.

The attendees are the same [as the previous day] — the Caucasian Knot, Novaya Gazeta, DOSH, Memorial, Human Rights Watch, Amnesty International, diplomats. Someone else came from the Norwegian Helsinki Committee.

The court session continues.

Dubrovina submits a petition that Oyub should not be placed in a metal cage during the proceedings. This is not justified by security considerations and rather just humiliates his dignity and violates the presumption of innocence. This is also regarded as a violation of Article 3 of the European Convention. Dubrovina asks that during the meetings Oyub be allowed to sit next to his lawyers.

The judge retired to the conference room for 10 minutes.

Judge Zaynetdinov reads the decision on the petition.

The petition is unreasonable, says the judge.

These are reasonable unavoidable restrictions, the judge believes, and this is not a violation of Article 3 of the Convention.

Witness 1 (25) Khutayev Hussein, born in the Stavropol Territory, lives in Achkhoy-Martan. Head of the traffic police of the Kurchaloevsky district.

He became the Head of the State Automobile Inspection a month ago, but before he was an inspector of propaganda.

The bridge, near which Oyub was arrested, is a dangerous place, there are often accidents there, a motorcyclist crashed there.

Khutayev stopped Oyub. The most senior in their group was Alikhan Garayev.

Oyuba’s car drove without a passing beam. Khutayev stopped him, asked for documents, Oyub had expired insurance.

Garayev asked to open the hood.

Then the trunk.

They wanted to verify the VIN number.

But it did not work, because gas equipment had been installed.

Titiev began to look for insurance in the glove compartment.

Garayev noticed the mat and then found a bag under the front seat.

Garayev called the investigation team.

There were two more inspectors with them, they left to get witnesses.

After some time, the investigation team arrived.

Khutayev drafted reports of traffic law violations and administrative protocols on Oyub.

Dantchaev brought the attesting witnesses.

The investigators saw that there were drugs in the package.

Oyub’s car is now at the police station, that is where cars are normally taken.

Khutayev was interrogated in Kurchaloy, in the investigation department. There was a confrontation with Titiev.

Oyub was asked what kind of package it was. He replied that it was not his and he did not know where it came from.

At first Oyub was calm, but then he began to get nervous, says Khutayev.

In the protocol, Titiev refused to testify. This is his right.

There was no orientation that day on Oyub or his car.

The driver’s license was a general Russian one, a technical one.

Oyub did not ask for power of attorney.

In the database I did not check whether this car has an electronic policy. This base was not with him. If necessary, he can call and go past the protocol. If it’s just a minor violation, like going through a light, then they do not write a ticket. If the driver is drunk, then they normally do.

Oyub said that he has active insurance. Everybody says so, answers Khutayev.

No documents were withdrawn.

Zaikin asks to announce and present a copy of the report of January 9 protocols on the administrative violation and a number of other document to the witness for review.

At the time of collecting the materials, Oyub’s documents were from Khutayev. After he gave them to Oyub.

He does not remember where Oyub got the documents from.

He has not seen more of these documents.

All the employees were in uniform.

Danchayev was in road service uniform.

«The authorities do not say anything to us, we choose where to work," says the witness. Only the head of the police station can give instructions, but on January 9 he did not give any.

The video recorder is in the car, but it could break. The witness says that registrars are now useless.

He never saw Oyub again.

At the time of the stop, I did not know anything about him.

Khutayev’s crew detained Oyub first that day.

The witness does not know where Oyub and his car went when the investigation team arrived. He went to the police department to take documents.

Khutayev did not see the car and Oyub leave the place they were stopped.

The witness so snidely and emotionally responds that even the recor does not come out.

Records were drawn up at the place Oyub was stopped, just behind the bridge.

Khutayev and his colleagues were on white priority.

Investigative-operational group (IOG) came to UAZ, steel «loaf».

He has not seen machines with the letters «RRU» or «RRF.»

«Niva» with numbers «008RA» and the letters «Kurchaloy GBR»- Does it have anything to do with the Kurchaloevskij police station? The witness does not know.

If I encountered such a car, I would stop it.

There is a five minute break at Zaikin’s request, so that the defense could agree on the following issues with Oyub.

The meeting continues.

There is not car «Niva» with the numbers «в008ра» and «р008ра» in the Kurchaloevskij police station, says the witness.

There are Nivas, but they are steel colored.

There are no camouflage cars. In other departments I saw, says Khutayev

Nobody found a weapon or holster on Oyub.

Khutayev did not see any documents for carrying weapons.

Khutayev did not inspect Oyub’s car, neither did his colleagues.

Khutayev talked about the mentality of the Chechen police: we do not stop women and old people are not penalized.

Khutayev’s inspection team did not make a report. The IOG did it, says the witness.

At the time of the arrival of the IOG, the trunk, hood, doors, and glove compartment were open. The car inspectors asked Oyub to do it.

Oyub did this voluntarily.

Khutayev says that on that day two crews of road inspectors were working.

Khutayev came to the post, stopped the only car — Oyub’s — and left without waiting for the end of the work of the IOG.

Dubrovina draws attention to the great difference in the numbering of the records. The witness says that they are not in order.

The situation is similar with the decisions, 573 and 581. The witness is sure that now the records are not in order.

There is continuous numbering, says Dubrovin.

Khutayev says that Oyub allegedly told him that he does not work anywhere. Dubrovin is doubtful, Oyub always said where he worked.

The witness does not report why Oyub refused to sign.

What objective data can Khutayev confirm that the low beam was not switched on? Witness: Not all articles of the Code of Administrative Offences need photos and video evidence.

When Khutayev stopped the car, he stood at the driver’s door. At the time of finding Garayev and Khutayev finding plan matter on the mat-«if you follow the logic, you should be at the right door," says the witness.

Where did Khutayev and Garayev stand in relation to the car at the time of the detection of drugs? The witness does not remember.

If a person asks to draw up a report of an inspection, we draw it up. If not, we do not do not draw it up, says Khutayev.

There are three signatures on the copy of the decree on the passing beams. Zaikin asks who put these signatures. Two of them are at the name of Titiev. The witness says that Titiev refused to sign and Khutayev does not know who put these signatures. The second and third signature are similar to the signature of Khutayev own in the reports. The court and the prosecutor say that these are not signatures of Titiev’s name, but signatures for the verification of the copy.

Why three signatures? Three people verified a copy, apparently, says the judge.

Khutayev verified it himself, already being a witness in the case, said Zaikin.

Was he questioned on January 10 in this criminal case? Yes.

The investigator explained everything during questioning including, consequences, etc.

Recess until 14:30.

The meeting continues.

Recess until 15 August 10:00.