21 September 2023, 18:17
Judge's dissenting opinion encourages Gadjiev's relatives
The dissenting opinion issued by Judge Rizvan Zubairov, in which he criticized the sentence passed to the "Chernovik" journalist Abdulmumin Gadjiev, Abubakar Rizvanov, the head of the "Ansar" Fund, and Kemal Tambiev, an activist, may become the basis for their acquittal. This also indicates that there are honest judges, since Zubairov's dissenting opinion is largely in line with the position of the defence, Gadjiev's colleagues and friends believe.
One of the three judges who passed the verdict in Gadjiev's case, Rizvan Zubairov, in his dissenting opinion criticized the grounds for the guilty verdict and actually acquitted the journalist. The judge is perplexed how the court, without proofs, concluded it proven that Gadjiev had helped terrorists by sending them money, and also regarded also without proofs that Gadjiev had published articles in the "Chernovik" outlet by fulfilling the role assigned to him in organizing financing terrorism, the Telegram channel "I/We Gadjiev" has reported.
A dissenting opinion is the right of a judge to disagree with the opinion of the majority and to express his viewpoint, the website of the legal service "Consultant Plus" has explained.
"The fact that the judge makes such an opinion, although two of his colleagues make the opposite one, means that the judge is firmly convinced that the verdict can be reviewed on appeal and cassation," Magomed Magomedov, a deputy editor-in-chief of the "Chernovik", has stated.
A judge's dissenting opinion is rare. The fact Judge Zubairov focused on the key circumstances of the case also deserves attention, Idris Yusupov, a journalist, has noted. The judge mentioned the money transfer that Gadjiev is charged with, which in no case confirms Gadjiev's guilt of financing terrorism.
While other judges have ignored the defence's arguments, Judge Zubairov, by expressing his dissenting opinion, showed his professionalism, courage and citizen's position, Mr Yusupov has added, believing that "even if they don't acquit them, they can at least reduce their prison terms."
Said, another Gadjiev's friend, has assessed the judge's dissenting opinion positively, but he considers it unlikely that the appellate courts will pay attention to this opinion.
It is very rare when a judge's dissenting opinion is contrary to the opinion of the presiding judge, a lawyer from Dagestan has noted.
This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on September 21, 2023 at 07:52 am MSK. To access the full text of the article, click here.
Source: СK correspondent
