The Zamoskvoretskiy court in Moscow has found that all investigative decision in the criminal case of the 2002 terrorist attack on Dubrovka were legally correct, according to the Russian information agency ‘Novosti’.

Kazakhstan citizen Svetlana Gubareva, who lost her husband and daughter as a result of the assault, had demanded that the investigators’ decisions be declared illegal. Investigators discontinued criminal proceedings against the security services, which gave the order to storm the theater, and refused to initiate criminal proceedings against the physicians.

In addition, Gubareva’s lawyers asked the court to make a private ruling against Prosecutor General’s Office, whose inactions misled the Russian Foreign Ministry.

In response to a formal request from the Ministry of Foreign Affairs of Kazakhstan, the Russian Foreign Ministry reported that prosecutors never received Gubareva’s petitions requesting that they indicate the cause and place of her daughter’s death, even though during the course of the trial it became clear that these petitions had actually been received by the prosecutor’s office.

“The court’s view is that no violations occurred during the investigation. It considers all investigative actives to have been legitimate and justified,” stated attorney Olga Mikhailova, who represents Kazakhstan citizen Svetlana Gubareva, victim of the terrorist attack.

She noted that the defense intends to appeal this decision to the Moscow city court within 10 days.

Svetlana Gubareva is convinced that her family did not die at the hands of terrorists, but as a result of the assault undertaken by the security services and their use of a gas based on fentanyl.

The refusal to institute criminal proceedings against medical personnel was signed by Moscow prosecutor’s office on December 31st, 2002, while the case against the security personnel was discontinued on October 16th, 2003. Investigators decided that the security forces acted “according to an urgent necessity.”

Svetlana Gubareva also has a complaint against investigator Vladimir Kalchuk, who did not undertake any action aimed at clarifying the circumstances of the death of her loved ones, even though he was sent a petition in September of 2003.

The court granted the defense’s petition and allowed questioning of Vladimir Kalchuk, head of the investigative group for the Moscow prosecutor’s office. He declared that he never received any papers from Svetlana Gubareva.

The lawyers presented the court with Gubareva’s original petition bearing the receipt seal of the prosecutor’s office, and asked the court to make a private ruling against the city prosecutor’s office.

Meanwhile on Thursday, another victim of the hostage-taking on Dubrovka — Paul Finogenov, whose brother Igor Finogenov died at the theatrical center and who has a similar complaint being considered on May 25th by the Zamoskvoretskiy court, sent an open letter to President Putin asking him “to evaluate the activity Prosecutor General Vladimir Ustinov and submit a proposal to the Federation Council removing him from office and, as a guarantor of constitutional rights and freedoms of citizens, to present the Federation Council with a new candidate for the post of Attorney General” who would be capable of ensuring respect for and protection of human rights and freedoms for citizens of the Russian Federation, including the investigation of illegal activities by officials of the prosecutor's office and security services in connection with the ‘Nord-Ost’ hostage crisis.

In HRO.org, May 5th, 2005

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