Today the Supreme Court of the Republic of Bashkortostan has considered the appeal of the NN Committee Against Torture against the decision of the Kirovsky District Court. You may remember that on 7 November 2006 judge L. Azanbaev of the Kirovsky District Court of Ufa City, Bashkortostan dismissed the complaint of NGO NN Committee Against Torture against the disposition of the prosecutor which refused to open a criminal case against former inter-district prosecutor of Blagoveschensk City Ismagilov.
The Supreme Court has held the decision as legitimate and grounded.
Lawyers of the Committee disagree with the decision of the Court, because it has been made in breach of the criminal procedure laws.
It is surprising but the Court did not take into account the provisions of Article 27 of the Federal Statute of 17 January 1992 “On the Prosecutor’s Offices of the Russian Federation”, on the basis of which a prosecutor considers and examines applications, complaints and other communications about a violation of human rights and freedoms, expounds the procedures of protection of the rights and freedoms to a victim, and takes measures to prevent and prosecute violations of human rights and freedoms.
A year and a half has passed since experts of the Committee Against Torture lodged a complaint against the disposition of refusal to open a criminal case, but as we see, taking into account judicial decisions made during this time, legal assessment as to the actions of former prosecutor of Blagoveschensk City Sh.A. Ismagilov has not been made yet; his violations in December 2004 of the law, which makes him responsible for supervision of the observance of the laws, human rights and freedoms, has not been duly established.
Lawyers of the Committee are going to appeal against the decision of the Supreme Court of the Republic of Bashkortostan in order of supervision.