Polish Supreme Court Orders Retrial for Extradition Case
The Polish news agency PAP has reported that Poland’s Supreme Court has ruled that evidence needs to be collected in order to ascertain whether charges against a former Chechen fighter are true.
According to the news, Adam Mamilov, a 41-year old former Chechen fighter, was originally accused by the General Prosecutor in South Ossetia (the Russian occupied region of Georgia) of abducting six inhabitants of a Chechen village in 1996. Mamilov ultimately made his way to Poland, where he sought refugee status.
On April 20, the Polish Supreme Court called for evidence to be collected in order to ascertain whether the charges against Mamilov are true. The case will be revised by the Court of Appeal in Lublin, southeast of Poland. Recall that in June of last year, a district court in Bielsko-Biala, which is in southern Poland, ruled that the extradition could not be permitted as it was conceivable that the defendant’s fundamental rights might not be respected in a Russian court. However, according to the Supreme Court, the court should try to hear the witnesses. For example, from Chechens living in Poland who can testify to the words of the accused. Moreover, Wiesław Kozielewicz, judge from the Supreme Court said the district court had pointed to the possibility of breaches of fundamental rights after the extradition of the accused and the application against him of torture, for example, should “demonstrate a real risk” and not solely rely on the existence of a “general problem.”
“Why is the plea of insufficient verification of evidence being brought by the prosecution at this stage of appeal, since the matter has been pending before the courts for four years?” asked Marta Jakubowska-Brodecka, lawyer for Adam Mamilov.
“Russia’s allegations against me are untrue. I am really glad that the case will be revised. I hope that there will be no extradition,” said Mamilov.
*Text was translated by Waynakh Online and edited by Michael Capobianco