Trial on Oyub Titiev: day 7

23.08.2018

Three more witnesses of the prosecution interrogated. 

The proceedings begin.

Three witnesses for the prosecution are reading to testify.

1(28) Muratov, born 1976, investigator of the Kurchaloevskij police station.

On January 9, I went out based on the direction of the duty officer to the outskirts of the village of Kurchaley where, according to the duty officer, a suspicious package was found. At the site where the car was pulled over, the bag was removed from the car, and a substance was also found on the rug. Titiev’s car was also confiscated and was transported to the police department

The report was compiled and read out. Oyub refused to sign without explaining why

When Muratov’s group arrived, there were police officers, including traffic police. The witness does not remember other units on site.

We left for the place at 10–11, at about 10:30

We possibly had another missionthat day, but not sure

An expert at the site of the pull-over photographed the packages, the substance on the rug, and the car. All that to say that the expert performed his job.

Oyub’s car was taken to the police station and sealed in the same place, with an expert and an attesting witness. Oyub was not there at that time

He wrote a report when leaving. The procedural decision was not made. The materails were handed over to the duty unit.

The on duty officer, who was inviting to leave is Khodchukaev. He reported that a car with a suspicious package was stopped.

A policeman, an investigator, interrogator and expert left for the site of the pull-over.

The attesting witness participated in the inspection. When Muratov came to the scene, he told the police officers who were there that he needed attesting witnesses. Later he was given two civilians

There were no cars at the scene except for Oyub’s.

Prior to the arrival of the attesting witnesses, no events were held. The witness studied the situation.

When the group arrived, the passenger door, hood and trunk were open.

Someone from the staff said that there was a package.

He talked with Titiev and asked questions, according to the report.

He does not remember what happened before the beginning of the inspection. Oyub told him something

He does not remember how much time passed before the attesting witnesses arrived. But it was less than an hour. He does not remember how they arrived. He did not check their documents, but entered the information based on what they said.

The package was under the passenger seat and it was visible. It seems that the cover lay on the seat, but it did not block the view of the package.

He did not ask the police officers whether they had touched this packet. He did not ask whether they had placed the packet.

He asked Oyub if he had this package and how it got there. Oyub said nothing.

They untied the package without putting on gloves. I did everything neatly.

I definitely did not see where the other participations of the inspection were during the inspection. I don’t have an eye on the back of my head.

The attesting witnesses were standing somewhere behind the witness.

Novikov: How can you be sure that the attesting witnesses saw everything if you were standing with your back to them, while bending over to get the package?

Witness: I told them that they have the right to watch. Novikov: Is it a right or an obligation? Witness: It’s an obligation, but now I do not remember the exact wording. Novikov: It should be easy, this is the wording from the law.

Titiev walked away during the inspection.

The witness says that, he wanted to, Oyub could have observed what was happening in the car if he wanted to.

The expert was also behind him, on the outside of the car.

Investigator Muratov will now draw a diagram of how the doors were opened and where each of the participants stood.

He did not draw the diagram because he does not remember and, as he says, he does not have eyes on the back of his head.

The package was presented to everyone, and he did not hide anything from anyone.

The package was then seized and sealed.

There were two packages in the first bundle and one in the other bundle. He does not remember which one was tied up. He says, «Read the report.»

The substance from the rug was not weighed. The concept of «a lot or little» is relative.

He noticed what was on the rug. No one paid any attention to it. He showed it to the attesting witnesses.

The substance was similar to the one that was in the package.

He did not ask Oyub whether this substance was a narcotic.

In addition to the word «suspicious," he did not say anything about the package or contents

He saw what was in the trunk, but specifically does not remember what was there.

A leather bag with keys was in the car

There was nothing in the bag besides the keys.

The bag was either in the trunk or next to it.

Muratov opened it and looked at it. He did not ask Oyub whether it belonged to him.

In the glove box there were some papers. He did not check under the papers. It didn’t seem like there was anything under them.

He did not carry out a personal search of Titiev and did not detain him

Muratov was not told who arrested Oyub.

The witness did not tell Oyub that he was under arrested.

The packages were sealed. The car was examined «as well as the eye would allow «

He carried out a visual inspection and everything

The reports were signed on the road.

He first signed that the car was being moved, and then the car was moved.

Muratov knew that the car would be moved to the police station.

He told to the policemen that the car must be moved

He knew the policemen by the way they looked, but not by name. They are from the department.

He did not record the names of employees who stopped the car.

After the signing of the report, he returned to the police station to same post from which he had come.

There was an expert and investigator with him. Who else was there, he cannot say.

At the scene there were still employees, Muratov left first.

He told the police that the witnesses should be taken to the police department

Then they said that Oyub’s car was at the police station.

He went, found an expert and attesting witness and sealed the car

Where he found the attesting witnesses, he does not remember exactly-somewhere in the police station. They were brought there.

Oyub refused to participate in the sealing procedure. Muratov told Oyub that the car will be sealed at the police station and that he can participate. And he supposedly refused. «He did not sign anything»

Oyub refused to participate in the sealing of the car.

He does not remember who actually delivered the car [to the police station]. Titiev himself could have driven it.

Novikov: Why did Oyub go to the police station, although he refused to participate in everything else and was arrested? Was that his decision?

Muratov: It was his car

Titiev himself was not transported, only his car was transported.

Muratov does not remember whether they invited to Oyub to explanations.

No one else was asked for explanations on this.

The report the inspection of the scene of the pull-over was handed over to the duty unit.

First he wrote a report that the car was sealed and left. He left the car, the attesting witnesses and Oyub at the car’s spot [at the police station]. Novikov: You left the car in which the drugs were supposedly transported in such a state that it is impossible to determine what was there at the time of the inspection and what was put there afterward.

The phone was not in the car.

Whether he had a phone or a weapon with him is not shown.

Muratov testified at the Investigative Committee of Russia on these events.

Muratov did not like the tone of attorney Zaikin. The prosecution demands respect for the witness.

When he opened the package, he did not take it out of the car.

«I think, the attesting witnesses could see»

The attesting witnesses were not far away, he does not remember exactly how far away they were.

Muratov does not rule out that he could move something or remove it so that the package could seen, but does not remember exactly what happened.

When I saw the package, I asked the expert to take a picture.

Maybe something touched or changed the state of things, but he does not remember.

At the request of the defense, the judge reads the report of the inspection of the scene of the incident, including the annexes.

Participants of the proceedings discuss photo tables at the judge’s table.

Novikov draws attention to the fact that the front rug in the photo is dirty. It can be seen that since the last wash of the rugs (and Oyub washed his car the night before the incident), someone was sitting in the passenger seat.

There was no cell phone, no tablet, no video camera, and no registrar in the car.

Aside from Muratov, nobody touched the package

Oyub also [did not touch the package.]

He did not pay attention to whether the keys were in the ignition.

Novikov asked to present a number of documents for review to the witness, to clarify whether the signature on the documents is his.

10 minute recess. Defense should check with the records and clarify the sheets and volumes of the case.

We continue.

We are trying to find out whether the witness, Muratov, signed these interrogation reports, and when these interrogations were conducted.

Muratov confirmed that he signed the minutes of the interrogation of Mukhmatkhanov, Varayev, Muslimov, Vadilov, Shakhgeriev, Bugaev. These people were questioned for 2–3 minutes each.

Investigator Khanakhok gave the orders to conduct the interrogations,

Novikov: Why do the texts match textually? Witness: I was interested in the same question. The people [I questioned] say the same thing, it’s recorded

They talked about the same thing, so the text did not differ much

Novikov: Did they say the same thing, or did you record the same thing? These are different situations

Witness: What they told me, I basically wrote down. They spoke with minor differences.

«I wrote what they said: I did not just copy paste»

«Later, on further stages of investigation, it would be revealed, if he called the false name»

He did not look on the front panel.

He does not know who was left with the keys when Muratov left

Dubrovina: How were you so sure that Titiev would go to the department, since you left everything on the road?

Muratov: I told the police officer that the car should be transported. Once the car was given to Oyub, he would have gone in it.

Dubrovina: How do you know that Titiev was driving? Muratov: I don’t know for sure.

Muratov told the police that the car should be transported to the department. «Probably, Titiev went to the department to testify." He does not know who invited him or brought him to the department.

Probably Muratov himself said that Oyub went to the department to testify.

How did you know that this was Oyub’s car? He said so himself. I did not see the registration certificate. He does not remember if he asked the police about these documents.

He does not know when an examination of the substance was carried out.

At the scene, the police were in uniform, an officer could be in civilian clothes.

No outsiders, civilians or other units were there.

Muratov did not ask whether someone was traveling with Oyub in the car.

There were not «RRU» patches on the uniforms. He doesn’t know what the letters stand for.

He did not see a uniform with the letters «RRU» at all.

Zaikin says that he and Novikov saw people in January wearing uniforms with such stripes in the Kurchaloy police station. The witness insists he has not seen this.

They were trying to find out from the witness whether there were more than 10 employees of the Kurchaloe police station. First the witness answers that he does not remember. Then he says that he understood the question, and says something about the RRU.

There was a version of the story that in the words of Titiev that he was stopped by other employees. This version was checked.

He (the witness) learned about this version from the head of the group. He did not interrogate Oyub himself.

Muratov does not wear a camouflage uniform. The police mostly wear blue camouflage. He has not seen green camouflage.

He did not pay attention to the cars in the parking lot of the police station (although he lives on the territory of the department, in the dormitories). He did not see camouflaged cars there.

Defense’s version of the story is that the Kurchaloe police department officers falsified evidence of Oyub’s guilt and that’s why lawyers ask questions not only about January 9, but other dates as well, to clarify the context.

Novikov drew attention to this after the question on Muratov’s business trips in the fall of 2017. Prosecutor Baitaeva asked to remove this question, since it is unclear why the defense asks about this information. Zaikin replied that for tactical reasons he cannot answer.

The witness is free. Recess.

The proceedings continue.

2 (29) Khodchukaev Magomed Saidmagomedovich, born in 1973, lives in Kurchaloy, works at the police station as the senior operative on duty.

He personally does not know Oyub, but does know him as a resident of the village of Kurchaloy.

On January 9, he started his work as a senior operative on duty at 9am. He has been in this position since 2015.

In the morning, Garayev called into the on duty unit and said that when leaving the village of Kurchaloy, a car was stopped and that there was a suspicious package in the car.

The driver could not clearly answer Garayev’s question what was in the package.

Khodchukaev brought this message to the attention of the leadership at the police station. To verify what was said in the message, the investigative-operative unit went out.

The investigator was Muratov that day, he gave the report

The seized polymer package was handed over with the report.

The investigator also said that Titiev’s car was delivered to the station.

The report was taken to the leadership so that they could determine the resolution.

Materials are then handed over to the head of the criminal investigation unit of the police.

Muratov said that the car was delivered from the scene and that it is in the inner courtyard of the department and sealed up

He does not know what happened to the materials after he went to the chief of the investigation unit of the police

A criminal case was opened, the witness placed a note in his reporting documents

When a message arrives he records the name, place of incident and a basic overview of the incident.

He did not note from which number Garayev called

He did not write down the number, because he recognized Garayev’s voice

The call time is automatically logged. He does not remembered what time the call was.

Garayev said that a suspicious package was found in the car. He did not explain what «suspicious» meant. But since Titiev said that he does not know what kind of package it is, Garayev has doubts

The call was announced to the First Deputy Chief of Police, Gehaev.

He said to send them to the IOG.

Khodchukaev called the IOG together over the loud speaker.

He clearly remembers that Muratov was the boss.

Muratov did not give written orders and he himself did not receive written orders from anyone.

The resolution given by Gehaev when the IOG had already left.

Muratov was only given verbal orders.

Control over who enters and leaves the department belongs to the on duty officer.

There is one checkpoint and spars gates for emergency purposes, which were not used on January 9.

There are two people at the checkpoint. He does not remember who was there on January 9.

When the detainee is delivered the duty unit is notified.

In the morning they did not say that Titiev had been delivered. Upon arrival, the IOG learned that Titiev had been delivered. According to the radio, the attendant had called in and she had another car with her.

According to the duty part of the log book there is no one driving out, he is at the checkpoint. He does not remember if there were any other notes in the logbook.

If I found a violation, I would write a report. He does not remember if he wrote one on January 9.

The investigator and the interrogator have the right to detain someone in the department without a passport.

If you bring someone through who does not have their documents, you can report to the duty room. And they can answer that they will «ask them later if anything.»

Personally, I did not give anyone the order to bring in Titiev’s car.

There are no parking spaces for seized vehicles. Muratov said that Titiev's car was left in the courtyard.

Muratov told Khodchukayev upon arrival that the car was delivered to the department and sealed.

Muratov also reported that the package was withdrawn.

The materials were assembled in full and handed over to Khodchukaev.

After receiving it, it he delivered it to the authorities, in this case to Gekhaev, for a signature.

There should be a resolution on the document, such material should be written to the criminal investigation department.

The person on duty did not deal with the registration of detainees. The logbook entry was made.

He does not know what happened to Titiev after he was detained. Supposes that he was placed in a cell.

He does not know whether Titiev was transported to another district that day for examination.

Novikov: In Khodchukaev’s record of the questioning of the witness during the preliminary investigation, there is another description of what happened to Oyub after the delivery

At the request of Novikov, the judge reads the report.

According to the report, at 3:05pm an employee, Akhmatov, released Titiev for the territory of the ROVD

When he gave evidence, in February, three weeks later, he did not look at the log book.

He recalled the time from memory.

He does not know what Akhmatov did with Titiev.

When Akhmatov transported him, there were no handcuffs on Titiev. «Handcuffs are for violent detainees, Titiev is a man calm."

Nevertheless Oyub is now brought to court in handcuffs for some reason.

He does not remember how Oyub’s lawyer was trying to get hold of Oyub and could not.

Employees of the police station wear blue camouflage.

He did not see anyone in green camouflage. Employees of the threat unit wear „what they want“, They can also wear civilian clothes.

He did not see patches with the letters"RRU.»

The structural unit «Rapid Reaction Unit» does not exist in the police station.

There is an IRT, the senior group includes officers according to the schedule.

On January 9 in the IOG there was still a staff member of the IRT most likely.

He’d have to look at the chart to know who it was.

He did not notice the abbreviation «RRU," even on employees of other departments. He doesn’t know of any cars with those letters.

Attendants watch the monitor, which broadcasts from the cameras: Khodchukaev or his subordinate.

Is it the Khodchukayev’s responsibility to make the cameras are working? Witness: It is not my responsibility to look at the monitor all day. We do not have such an employee. When there is a free minute, I look, as does my subordinate.

There are two monitors on duty. The monitor can have 4 cameras, 9, etc.

Checkpoint 1 can be viewed from both monitors.

He does not know if the central entrance to the building of the department is visible. There is some camera…

Under the monitor there is a black quadrangular device, which can be controlled by the cameras. Most likely there is one such device.

The engineer Mansur Selimkhanov is responsible for the camera maintanance.

On January 9, there was no emergency at the police station, including illegal entries.

There were sporadic power outages from starting at the end of December.

If there was not power the whole night, then it is written down.

On January 9 the electricity was cut off.

The duty officer is separately connected to the district administration, one computer and one light bulb.

The video surveillance system did not work at all from the end of December. «Some equipment was burned out.»

Some moments in the writing indicate that something went wrong.

From the end of December to the middle or the third week of January was video surveillance out of operation.

He does not know whether there is a UAZ Patriot car at the police station.

There is a steel-colored Niva.

There are no green, official cars at the station.

Some employees personally have no camouflouge cars.

On January 9 additional officers did not get involved.

Magomadov brough Oyub to the police station. This means he was part of the IOG.

But investigator Muratov did not say as such.

Witness: As indicated in the report, apparently, he did not take part in the inspection.

When Oyub was taken to the department, he was escorted to the on duty unit.

There was no personal search done in the duty room.

He does not remember whether the documents that Muratov gave included a driver’s license and/or passport.

The head of the search came for the materials and made a record in the book.

There is no register of the materials.

He does not know what Magomadov accused Oyub of.

He does not know and did not see who was driving Oyub’s car when they arrived.

He does not know who spoke with Hedaya Saratovaya when she arrived to get information about Oyub’s whereabouts.

He knows nothing about Oyub’s traumatic gun.

Among the materials that Muratov gave, the report of the arrest was not included. The witness says that Oyub was not under arrest at that time.

Dubrovina: Why did htye take him to the police station then? Witness: He was brought to give his statement. This was not the process for an arrest.

A police officer has the right to detain someone, but this should be recorded, says Dubrovina.

He does not remember if he was working in September 2017.

Oyub was in the detention center for about three minutes.

Then he was to go to the operative unit on the second floor.

Oyub: Akhmatov sent me. I don’t remember him, describe him.

Witness: Younger than me, a normal looking person, with stubble.

Oyub: I didn’t see, how did they take me out of the department?

Witness: They took you and Akhmatov around the on duty unit. Akhmatov said: We are finished, I will take him out.

Oyub said that he had not been to the on duty unit at all.

The witness is dismissed.

3(30) Magomed Emisultanovich Kasumov, assistant to the operative on duy at the Kurchaloevskij police station since 2016.

He does not know Oyub.

He was on duty with Khodchukaev on January 9.

Then Khodchukaev called his superiors right away.

He does not remember the last name of the person he called.

A superior officer gave the order to send him to IOG. Khodchukaev called the IOG team together over the loudspeaker.

The investigator brought the passport. It was given to the leadership, he gave it a resolution and the material was transferred to the criminal investigation

unit.

Oyub was brought to the duty room.

I did not stay there very long.

I came out with the staff of the criminal investigation unit.

No one was holding Oyub, he could move freely around the department. There were no injuries on him, says the witness.

Prosecutor Baitaeva petitions to read Kasumov’s interrogation report on the preliminary investigation.

The judge reads the report.

Oyub: You said that I was taken to the duty room. How long was I there? Kasumov: A minute, I do not remember.

Oyub: You said, that I did not protest. What was I wearing? Kasumov: You were in a t-shirt.

Oyub: Didn’t that surprise you? Kasumov: It was six months ago.

He does not remember whether the chief of the threat unit came for the materials. He had to stop by himself.

He does not remember if Oyub was there.

Novikov: In which logbook did they record this? Kasumov: I did make a record, in the log of the delivered persons.

He does not remember when he gave his statement to the investigator, not even the time of year.

The investigator does not remember.

He does not remember whether someone was present at the questioning, except for him and the investigator.

He does not remember if there was a copy of the log book with them during the questioning.

He knows Akhmatov by sight.

Did you see that Akhmatov brought Oyubwith your own eyers? He does not remember.

But there should be an entry in the log.

Oyub was not under arrest.

He left the police station as a free man, he had no complaints.

The video recording system was not working on January 9. He does not know why.

They probably told the employees that they did not work.

He does not remember when they started working again. Now they work.

When he gave his statement, the investigator wrote it down for Kasumov, but he does not remember exactly

He did not agree with Khodchukaev what to write.

He read his statement only after he gave it to the investigator. Before the interrogation today, no one discussed what will be said

Under the table in the duty room there are several system operators. There are no recording devices on the TV.

He does not know specifically what broke down specifically in the video surveillance system in January.

Who took Oyub from the duty room? He does not remember.

What unit is wearing the «RRU» badges? He has never seen them.

He also did not see cars with the letters «RRU» at the police station.

No one wears green camouflage.

They wear different patterns. The police uniform for when you are on duty, the rest have blue camouflage. A threat unit officer can wear cilivian clothes.

There are no camoflouge colored cars.

When Oyub was delivered to the station his identity was not verified. He does not remember if he had any documents with him.

There was one RRU in the IOG.

What RRU stands for, the witness does not know.

The questioning ends.

The judge asks again that the prosecution ensures the attendance of witnesses.

Recess until August 27.

Программа: Горячие точки
Программа: Поддержка политзэков

Титиев Оюб Салманович родился 24 августа 1957 года, живёт в селе Курчалой Чеченской Республики, правозащитник, руководитель грозненского представительства Правозащитного центра (ПЦ) «Мемориал».

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