Testing by the peace: the story of General Dakhkhayev, who saved the soldiers, but ended up in prison

Oleg Lurie, publicist

At six o'clock in the morning on September 5, 1999, the head of the Novolaksky regional department of internal affairs of Dagestan, 37-year-old Major Muslim Dakhkhayev, received a message from the sentinels posted along the border with Chechnya (the length of the border of the Novolaksky district with Chechnya is 50 kilometers), about the advance of Basayev's militants and Khattab into the interior of the region and about clashes with checkpoints. Twenty policemen, led by Dakhkhayev, took up defensive positions in the building of the ROVD (District Department of Internal Affairs). The militants were already on the next street and fired at the House of Culture, in which twenty-five Lipetsk riot policemen were quartered.

As it turned out later, the Basayevites planned to exchange some of the riot police for militants in Russian prisons; part - it is indicative to execute. There were about two thousand bandits, with snipers working on their side, supported by machine gunners and grenade launchers. But twenty militiamen and twenty-five riot policemen withstood the heavy attacks of Basayev's men for almost a day.

During another fire curtain of police officers, the commander of the Lipetsk OMON (Special Police Force) managed to run over to the building of the ROVD (District Department of Internal Affairs) and report on the situation. Major Dakhkhayev proposed a plan to rescue the riot police and, under the cover of heavy fire, together with his subordinates, began to withdraw the riot police two by two. From nine to twenty, everyone was taken out.

Before the start of the operation to rescue the riot police, Shamil Basayev got in touch with Muslim Dakhkhayev. He offered to surrender the Lipetsk OMON fighters, promising to keep the Dagestani policemen alive. Basayev said literally: “Commander, we are giving you the opportunity to leave the village with weapons. Go away. But I have one condition - leave the Russians, "but I received the following answer from Dakhkhayev:" The Russians are our brothers, but we do not betray our brothers. You will come here only through your corpses!".

“We made a small passage through which the soldiers could pass to our police station. All day, until eight in the evening, together with the commander of the detachment, Sergei Skovorodin, we took the guys out one or two at a time, firing back. Seven people were injured of varying severity. Two were killed... As far as possible, we provided assistance to the wounded... We loaded the wounded into two infantry fighting vehicles and in the early morning of September 6 sent them along the road to Khasavyurt. They had to drive past the house where the headquarters of Khattab was settled. I told the guys that the militants had gone down and the road was clear. But at the same time, they must open fire in all directions and drive at high speed. They broke through! Early morning and such a hum ... BMP rushing. The militants decided that the troops had broken through, about a thousand people fled and hid behind houses. And when they realized it, it was no longer possible to catch ours with fire. This is how the wounded were delivered”, - recalls Dakhkhayev.

At the same time, the federal media announced both the Lipetsk OMON and the Novolakskiy ROVD destroyed. The headquarters hurried to prepare for the nomination for the title of Hero of Russia posthumously Major Muslim Dakhkhayev and the commander of the Lipetsk OMON Sergei Skovorodin. But thanks to the courage of Dakhkhayev, they left the encirclement and returned home alive.

Major Dakhkhayev was awarded the Order of Courage by the President's decree.

The former head of the Lipetsk OMON, Hero of Russia Sergei Skovorodin recalls:

“Everyone was shell-shocked, wounded. Blood was coming from my ears. The bandits made the main effort to take the House of Culture. They needed us alive. The Dagestani guys are great. There was great help from the guys. It is a pity that Muslim the title of Hero of Russia has not yet been awarded. He deserves it... If I were alone in this situation, people, of course, would have been taken out, but there would have been much more losses. Thanks to Muslim, his courage, both local guys and my riot police came out".

And exactly twenty years later, on November 13, 2019, Commander of the Order of Courage, the legendary war hero in the North Caucasus, Major General Muslim Dakhkhayev, who by that time headed the Main Directorate of the Federal Penitentiary Service of Russia in the Rostov Region, was detained on suspicion of ...divulging state secrets: allegedly Dakhkhayev violated the regulations of secret document flow and a person without admission found out about the official documents of the FSIN (the Federal Penal Correction Service).

Then there was a closed court (a state secret, after all) and the verdict of the Rostov Regional Court under part 1 of Article 283 of the Criminal Code of the Russian Federation "Disclosure of state secrets" - two years in a penal colony.

A strange criminal case, a strange verdict, but Dakhkhayev himself did not admit his guilt and is sure that the case was fabricated because of his principled position, which did not allow certain people he knew to engage in criminal activity. But four months before the release of Muslim Dakhkhayev from the settlement colony, even stranger events began to take place.

In July 2020, the Investigative Directorate of the Investigative Committee for Dagestan initiates two more criminal cases against Dakhkhayev under part 1 of Article 285 of the Criminal Code of the Russian Federation “Abuse of official powers” (up to four years in prison), and then combines them into one case under No. 12002820020000023.

What was the charge of the heroic general Muslim Dakhkhayev, who had not yet been released from the colony? Stole millions from the budget? Did you take bribes? Bribed other officials? No. According to the first episode of "abuse", the investigation believes that the then head of the Federal Penitentiary Service for Dagestan Dakhkhayev (I'm quoting) "approximately in the period from 07/02/2014 on 07/28/2015 (wow, the time gap! Auth.) , The investigation has not established a more precise time, Dakhkhayev ...illegally organized the withdrawal from the colony-settlement of the convicted Rizaev A.A. and another not established by the investigation of the convict in the household of his mother, Dakhkhayeva A.M., where the labor of the convicts was illegally used during the repair work”.

Also, the "terrible criminal", according to the investigation, used the official time of the employee of the colony, who allegedly guarded the prisoners, thereby inflicting an irreparable blow on the country's budget.

The second episode for which Dakhkhayev is accused is no different from the first. I quote again: “Approximately in the period from 05/16/2014 to 02/13/2017 (a gap of almost three years! Auth.), The investigation did not establish a more precise time, Dakhkhayev... illegally organized the withdrawal of five convicts from the colony-settlement to his household ...for construction and repair work”.

So, close your eyes and imagine that the military general, the hero of the Caucasian war, Dakhkhayev, suppose, actually six years ago sent some unconvoyed convicts from the colony-settlement to repair something at their homes and at their mother's. Can't believe it? Me too. But suppose.

What should the investigator do when he discovered that Dakhkhayev had committed "terrible crimes" in two episodes of "abuse"? Of course, to close the case due to the expiration of the statute of limitations, since according to part 3 of article 15 of the Criminal Code of the Russian Federation, the crime in which Dakhkhayev is accused is of medium gravity, and clause "B" of part 1 of article 78 of the Criminal Code of the Russian Federation states that the statute of limitations for crimes of medium gravity - six years.

The fact is that the investigation indicates the possible time of committing the "crimes" approximately (presumably!) From July 2014 to February 2017, and according to part 3 of Article 49 of the Constitution of the Russian Federation, "irrepressible doubts about the guilt of a person are interpreted in favor of the accused." Like everything? No.

The investigator was supposed to release the cavalier Oren of Courage, military commander Muslim Dakhkhayev, also under an amnesty signed by the President of the Russian Federation in 2015.According to the decree, the amnesty covers “ servicemen for the first time sentenced to imprisonment for intentional crimes of small and medium gravity, employees of the internal affairs bodies of the Russian Federation, institutions of the penal system who participated in the performance of tasks in the conditions of the armed conflict in the Chechen Republic and in the course of counterterrorist operations on the territory of the North Caucasus region".

That is, General Dakhkhayev must be amnestied or released after the expiration of the statute of limitations in any case. And what does the investigation and the prosecutor's office do in the case of Muslim Dakhkhaev? The investigation represented by the investigator of the Izberbazh interdistrict investigation department of the Investigative Directorate of the Investigative Committee of the Russian Federation A.A. Amrchupanov. and the prosecutor's office represented by prosecutors Porsukov Ye.Ye. and Ashurbekova N.A. appeal to the court of the Sovetsky district of Makhachkala and demand ...the detention of Muslim Dakhkhayev from November 13, 2020 (that is, from the day of his release from the colony-settlement ). And such a strange demand is caused by the fact that, it turns out (I quote literally!) "Dakhkhayev is accused of committing crimes for which a lengthy imprisonment of up to four years is provided" and "Dakhkhayev can continue to commit crimes".

There is not a word about the past statute of limitations, or about the amnesty signed by the President. Forgot, probably. Court of the Soviet District of Makhachkala represented by Judge M.M. Adziyev took into account the fact that Dakhkhayev “is a participant in hostilities, has awards, including state (Order of Courage), has wounds received during the hostilities” and decided ...“to choose a preventive measure in the form of imprisonment against Dakhkhayev”.

The main argument of Judge Adziev was no less surprising: “the severity (!!!) of the charge brought (the judge seems to have forgotten that the article is of average gravity - from zero to four years. Auth.) And the possibility of punishment in the form of imprisonment for a long the term ...are sufficient evidence...". But when the military general was sent into custody, the judge Adziev M.M. did not stop.

Apparently, out of a good desire simply to help the investigation and the future court, Mihrab Magomedovich in his decision on choosing a preventive measure for Dakhkhayev dated 11/12/2020, in fact, has already clarified everything and found Muslim Dakhkhayev “possibly” guilty of committing the crimes incriminated to him . That is, until the verdict of the court! Impossible, you say? Please, I quote: “The judge checked the validity of the suspicions of the involvement of M. Dakhkhayev. to the crimes indicated in the petition and came to the conclusion about the availability of data both about the event of the crimes and about his (Dakhkhaev's) possible involvement in them".

And on the day of his release, November 13, 2020, the military general who saved dozens of people from death at the hands of terrorists was again in the Makhachkala pre-trial detention center. According to Dakhkhayev's lawyers, the accusations are based only on the testimony of a certain officer of the FSIN of Dagestan, who heard from someone that Dakhkhaev was forcing six prisoners to work in his mother's house. Moreover, the prisoners themselves do not confirm this information. And the accusation that Dakhkhaev attracted convicts to work in his “household” is senseless, since Muslim Dakhkhayev never had and does not have any households on the territory of Dagestan.

“Whether this is revenge, or an order, we cannot speculate now. But it can be firmly asserted that there is someone's will in this matter. And the investigators, the prosecutor's office, the courts do not follow the norms of the law, but fulfill this will”, - says lawyer Bakri Bakriyev.

Judging by the details of the mosaic entitled "The Hunt for a Combat General", what is happening may well be a preemptive game to prevent the future Hero of Russia from taking a certain high post in the republic. And it doesn't matter that Dakhkhayev did not aspire anywhere, the "hunt" was activated "just in case".

The fact is that the first criminal case against Dakhkhayev was opened 2 months after he was honored on the 20th anniversary of the victory over Basayev and Khattab in Novolaksky, where President Vladimir Putin and the country's leadership arrived. Speaking to Putin, the former leader of Dagestan, Magomedali Magomedov, asked to eliminate an unforgivable historical mistake: for the feat of 20 years ago to award Muslim Dakhkhayev the highest state award "Hero of Russia" (which, by the way, was awarded to the former commander of the Lipetsk OMON, Sergei Skovorodin).

Putin gave the command to investigate and report. More than 10 thousand signatures were collected in Novolaksky district in support of awarding Muslim Dakhkhayev the title of "Hero of Russia". In addition, a few months later, the deadline for receiving the next rank was approaching - lieutenant general.

My colleagues and I from Notepad, who were investigating this story, have the impression that it was these circumstances that forced someone to immediately launch the flywheel of dubious criminal prosecutions against Dakhkhayev. It can be assumed that in case of receiving the highest rank and the highest state award of the Russian Federation, Muslim Dakhkhayev would become inaccessible to pressure and procedural arbitrariness. There is a version that in relation to General Dakhkhayev they stubbornly and for a long time looked for signs of corruption crimes. However, during searches at his home and work, and at his relatives, absolutely nothing was found that would indicate corruption.

According to the journalists of "Kaspi-Media", dozens of his former colleagues from the Dagestan Federal Penitentiary Service were arrested, they were systematically "pressed", they tried to squeeze out the necessary evidence against Dakhkhayev. “As we learned, all the detained officers of the Dagestan Federal Penitentiary Service were offered to incriminate Dakhkhayev and in return they were promised freedom”, - says lawyer Bakri Bakriyev, - They wanted to attribute corruption actions to my client for a long time, they even launched news about it in various media. But they did not find anything illegal. Therefore, we went through the slander of his subordinates".

Also, Kaspi-Media reports: "Dakhkhayev unraveled a complex scheme for the supply of drugs to the zone and went out to 2 high-ranking generals... Someone's business was almost brought down by a general Alexander from Rostov, whose relative is serving a sentence, comments on these events in the local colony. The same version is confirmed by the officers of the Federal Penitentiary Service".

Muslim Dakhkhayev himself believes that high-ranking officials of the law enforcement agencies are behind his criminal prosecution, both in the first case and in the second. Thus, at a meeting of the Supreme Court of Dagestan on appealing against detention, Muslim Dakhkhayev, accused of exceeding his official powers, directly named the likely interested party in his criminal prosecution - the Deputy Prosecutor General of Russia for the Southern Federal District Andrey Kikot.

“Judges obey only the Russian Constitution and Federal Laws - no one else. You cannot make decisions at the direction of someone. And in my criminal case, your honor, the judge (Adziyev) was frightened by threats from one of the heads of the General Prosecutor's Office by the name of Kikot (Deputy Prosecutor General of Russia for the Southern Federal District Andrey Kikot, - auth.). I do not hide this. I get a lot of information from those people from whom I should receive it. He has a certain amount of pressure on the court, on the prosecutor's office, on the investigative committee. The question arises, do we have an authoritarian state? Has one person been given the right to threaten the investigator, the prosecutor, so that they make decisions contrary to the law? Dagestanis, who occupy important positions, are so cowardly, ready to lose honor, deviating from a legal decision so as not to lose their jobs ?! If I am guilty, Your Honor, I am ready, according to the law, to incur any punishment, but such pressure is being exerted today by a person from the Prosecutor General's Office on our employees, and these employees are being treated like a trifle! I'm just ashamed to look at this... Do I at least deserve house arrest!?" - Muslim Dakhkhayev said at the court session.

The same opinion is shared by the former commander of the Lipetsk OMON, Hero of Russia Sergey Skovorodin:

“These cases are sucked from the thumb. And I think it has a single purpose. Since my friend Muslim said openly that he would seek the truth, that he would not stop at the verdict of the Rostov court (on state secrets - Auth.). And the Supreme Court of Russia will also have its say. Muslim will still achieve that the people who poured mud on him. Those people who are trying to delete the honest name of Muslim Dakhkhayev from the history of the fight against terrorism should know: he will find them, he will make them answer according to the law".

Now the holder of the Order of Courage, military general Muslim Dakhkhayev, who saved the lives of dozens of people, is being held in solitary confinement in SIZO-1 in Makhachkala.

PS.

I ask you to consider this publication as a statement addressed to the Prosecutor General of the Russian Federation I.V. Krasnov, the Chairman of the Federal Security Service of the Russian Federation A.V. Bortnikov and the Chairman of the RF IC Bystrykin A.I. on the verification of the stated facts.