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Kommersant: Aslan Maskhadov is Identified

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  • mariuslab2002
    http://www.kommersant.ru/doc.html?docId=559555 Kommersant No 57 (No 3141) 01.04.2005 Aslan Maskhadov is Identified // And sent to Beslan// Identification
    Message 1 of 1 , Mar 31, 2005
      http://www.kommersant.ru/doc.html?docId=559555
      Kommersant No 57 (No 3141) 01.04.2005
      Aslan Maskhadov is Identified

      // And sent to Beslan//

      Identification

      Yesterday, the process of idenetification of former Ichkeria president
      Aslan Maskhadov was completed at the 124th Central Laboratory of the
      Defense Ministry in Rostov-on-Don. Head of North Caucasus General
      Prosecutor's Office Investigation Department Nikolay Khazikov said
      that Maskhadov's body will not be delivered to his relatives for
      burial, and that all materials, linked with Ichkeria leader will be
      directed to the group investigating the seizure of School No.1 in Beslan.

      Let us remind you that Aslan Maskhadov was killed March 8, during the
      FSB operation in Chechen village Tolstoy-Yurt. According to the
      official information, the Ichkerian leader, who was hiding in the
      basement of a private house on Suvorova street, died of an explosion
      by means of which Spetsnaz tried to make an entrance into the
      basement. FSB director Nikolay Patrushev immediately reported the
      success of the operation to President Vladimir Putin, however the
      latter requested that a thorough identification of the corpse be
      carried out in order to exclude all possibilities of a mistake.
      Maskhadov's body was delivered to the military base in Khankala, where
      he was identified by captive rebels, some of his relatives, and even
      Chechnya military commandant Grigory Fomenko, who had known Maskhadov
      personally from the first Chechen war. However, that was not enough –
      Maskhadov's body was sent to a special laboratory in Rostov-on-Don.

      Yesterday, head of North Caucasus General Prosecutor's Office press
      service Sergey Prokopov told Kommersant that 16 research techniques
      were used for identification at the laboratory. Experts had taken
      samples of different tissues for comparative analysis with samples of
      blood and hair of Maskhadov's relatives. Yesterday, identity of the
      deceased was established 100 percent. According to Prokopov, now the
      materials will be sent to the group investigating the terrorist act in
      Beslan School No.1. Kommersant has information that it will stop
      criminal prosecution of Maskhadov due to his death.

      "The case against Maskhadov on charges of organization of armed
      rebellion has been started in February 2000," Prokopov explained. "In
      September, a group of so called Ichkeria's officials – Zelimkhan
      Yandarbiev, Akhmed Zakaev and Khozh-Akhmed Nukhaev – have already been
      prosecuted on these charges. The whole time Maskhadov had been wanted
      by police as the organizer of the rebellion, however, soon afterwards
      he was on retrieval by the group, investigating the hostage taking of
      School No.1 in Beslan."

      Let us remind you that Maskhadov refused any implications of the
      school seizure and even promised to bring an action against Shamil
      Basaev, who had admitted the responsibility for the terrorist act.
      Nevertheless, in December of last year one of the district departments
      in North Ossetia, which was addressed by the General Prosecutor's
      office, issued sanctions for the arrest of both Maskhadov and Basaev
      on charges of terrorism act organization.

      The indictment against Ichkerian leaders was primarily based on the
      evidence given by Nurpasha Kulaev, the only Beslan school hostage
      taker remaining alive. "Kulaev openly named Maskhadov as the organizer
      of the attack," Khazikov said. Moreover, he added that according to
      the law on terrorism control, Maskhadov's relatives will not be
      receiving the body.

      Article 16 of the Law on Terrorism Control mentions that "burial of
      terrorists, who died as result of suppression of terrorist act, must
      be carried out according to the procedure established by the RF
      Government. Their bodies are not subject to being released, and
      information regarding their burial place is not to be issued."

      Igor Trunov, lawyer and author of three books about the law on
      terrorism control, who had also participated in the writing of the
      draft of this law, told Kommersant that the above mentioned procedure
      was added to the law in November 2002 as an amendment. "This rule does
      not correspond with the constitutional principles, and may be appealed
      against," he added.

      He also said that on March 20, 2003 the government of Russia passed a
      rule regarding the order of burial of persons, who died during
      suppression of terrorism act. According to the rule, the burial is to
      be carried out by special forces (unspecified by the statute). "These
      special forces must not give out information about the burial place,
      if he was a Russian citizen," Trunov emphasized. "However, if he was a
      foreign citizen, the special forces must notify the Ministry of
      Foreign Affairs and civilian registry office at his last place of
      residence. Such actions are subject to be appealed against by the
      relatives of the deceased, like in Maskhadov's case. First they must
      address the prosecutor's office with a request to be given his body.
      Their request will be denied, in reference to the rule, mentioned
      above. Then they must file an appeal to the court against illegal
      actions of the prosecutor's office. The court will also deny their
      appeal. Only after this they can address the Constitutional Court,
      which in its turn may put a question of how the articles of the Law on
      Terrorism Control relate with other laws."

      Article 14, of the Criminal Code (presumption of innocence) mentions
      that nobody can be returned guilty unless he has been convicted by the
      court. And Article 49 of the RF Constitution says that "each person
      indicted with criminal charges is considered not guilty, until his
      guilt has been proved in accordance with procedure, prescribed by the
      federal law, and has been established guilty by the court sentence,
      coming into legal force."

      by The Criminal Department
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