Monday, July 30, 2012

The case of Rasul Mirzaev: the investigation and court hearings

Zamoskvoretskiy court in Moscow has continued to consider the case of world champion in Mixed fights Rasul Mirzaev. The Court has already questioned the relatives of the deceased Ivan Agafonov, hospital staff, where 19-year-old student was hospitalized, as well as defense witnesses. Among the latter were Kosogorova Alla - a girl, because of which clashed with the club "Garage" - and each Mirzaev, Artem Karapetyan. Portal of the judicial and legal information sites of RIA Novosti RAPS is a text translation of the third day of hearings in the courtroom.


The investigation Mirzaev
According to law enforcement authorities in Moscow, August 13, 2011 during the conflict in the city center with night club "Garage" world champion in mixed martial arts Rasul Mirzaev hit 19-year-old student of Ivan Agafonov, who was then hospitalized and died several days later without regaining consciousness.
August 19th athlete to learn of the death of the news Agafonov, came to an investigator with the guilt.
Law enforcement agencies have detained Mirzayev after questioning on suspicion of committing an offense under paragraph 4 of Article 111 of the Criminal Code (intentional infliction of grievous bodily harm, resulting in the death of the victim), in accordance with which he faced up to 15 years in prison.
August 20 the court has received an application the investigation of the arrest of an athlete, but the trial was adjourned until August 22 at the request of defense, which did not have enough time to gather evidence of performance and with his hand.
August 22 Zamoskvoretskiy Moscow court dismissed Rasul Mirzaev bail of 5 million rubles. In support of his decision the judge noted that the investigation to date, no evidence directly related stroke and death Mirzaev Agafonov.
August 23 Moscow City Court quashed the decision to release on bail Mirzaev. The same day, Rasul Mirzaev was formally charged under Part 4 of Article 111 of the Criminal Code.
August 24 Zamoskvoretskiy Court of Moscow sanctioned the arrest of Rasul Mirzaev.
Despite the fact that Rasul Mirzaev repent of their deeds, brought the family an apology, his guilt for the death of a student is not admitted. The defendant claims that his attack was a means of self-defense, he did not wait until the 19-year-old Agafonov hit him first.
August 29 a criminal case Rasul Mirzaev was transferred to the Office for the particularly important cases of the central apparatus of the Investigative Department of the Investigative Committee in Moscow.
In December 2011 the term of Mirzaev detention was extended until February 17, 2012.Mirzaev asked for the case in a special manner, acknowledging guilt and expressing remorse for manslaughter
January 12, 2012, it became known that the prosecution Rasul Mirzaev changed to the softer paper. The investigation was charged Mirzaev Article 109 of the Criminal Code - "causing death by negligence", which is softer than the previously imputed to him Article 111 of the Criminal Code - "the intentional infliction of grievous bodily harm, resulting in the death of the victim." If the previous champion, faced up to 15 years in prison, but now - up to two years.
January 31 Moscow Prosecutor's Office referred to the court the criminal case against Rasul Mirzaev.
February 13 in the capital Zamoskvoretsky court began the trial of Rasul Mirzaev. Zamoskvoretskiy court released Rasul Mirzaev on bail of 100 thousand rubles.
Mirzaev asked for the case in a special manner, acknowledging guilt and expressing remorse for the murder by negligence, but the mother of the deceased objected to the proceedings in a special manner. The court refused to consider the case of Rasul Mirzaev in a special manner, providing for mitigation of punishment.
February 14 release of the Moscow City Court found unreasonable Mirzaev bail. The next day the term of the athlete's detention was extended by two monthsFebruary 16 consequence of a heavier charge Mirzaev, summing up his case again, under the heading of intentionally causing grievous bodily harm, resulting in the death of the victim.
In May, the period of detention was extended until Mirzaev July 8, 2012.
June 13, Oksana Mikhalkina representative of the victims reported that the main evidence for the prosecution case against Mirzaev spoiled. It is a disk recording with CCTV cameras, which were discovered mechanical damage.
However, the Investigation Department said that the disk is a copy of the record, taken from the video recorder installed in the chamber. A copy of the recording was made several copies for the preliminary investigation, so the damage to the disk could not possibly affect the course of the investigation.
July 17 protection of the athlete asked the court to return the criminal case to the prosecutor, because, according to counsel, the indictment contains a violation. The court dismissed the petition.
Was not performed, and other defense request - to make the process of the case closed.Protecting Mirzaev asked to trial closed, but the court denied the petition
As stated by the representative of the victims Oksana Mikhalkina, in response to a petition to close the case: "We want every word was expressed publicly, that there was no distortion of meaning."
June 22 Khamovnichesky Moscow court extended the arrest of Rasul Mirzaev to 19 August.
The trial Mirzaev
July 25 started the main hearing in the case of Mirzaev. The prosecutor announced the indictment under which Agafonov was killed by a blow inflicted by an athlete. She noted that Mirzaev "there was no intention to deprive of life," but he "should have foreseen the consequences."
Mirzaev with the prosecution did not agree and has not pleaded guilty.
On the first day of the hearing interrogated by members of the family of the deceased's mother Tatiana and father of Alexander I. Agafonov and his sister Olga. In addition, the court made a witness, a family friend, Vladimir Hlyzov.July 26 began the second day of hearings Mirzaev. In addition to staff the hospital, where he was hospitalized Agafonov, also interrogated the girl with whom Rasool Mirzaev in the ill-fated evening was at the club - Alla Kosogorova."Tiger in the heart of a dandelion" - a description of Mirzaev sounded from his friend Karapetyan.
During interrogation Kosogorova stated that the deceased Ivan Agafonov behaved aggressively and rudely. Rasul is entered for it, not raising his hit, backhand, actually giving the student a slap.
Another eye-witness of the conflict - one Mirzaev Artem Karapetyan - told the court that the combat skills Mirzaev not applied during the impact, behaved peacefully, despite provocations from Ivan.Speeches Karapetyan gave rise to clashes witness and Agafonov Senior. During a break, they were confronted in the hallway and made several accusations.
The confrontation was almost an occasion to make the process closed. Lawyer victim reported the incident in the corridor of the prosecutor.
July 30 hearings on the case of Mirzaev continued. Reinforced security measures installed near the court in the first and second day of the proceedings were withdrawn. Significantly decreased and the amount of press, arrived in court.
During the trial, were questioned by the maxillofacial surgeon, the first grad hospital, the examining Agafonov in intensive care, a friend of Rasul Mirzaev Chumankov Alexander, as well as fellow club "Garage", where the tragedy occurred. In addition, the process should have been announced nine more witnesses testify, but most have not been able to come to the process. The court adjourned until July 31, necessary to ensure that the witnesses were able to personally attend the meeting.
The material is based on information RIA Novosti

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