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Moscow Times
October 16, 2008
Politkovskaya Trial Starts Without Lawyer
By John Wendle / Staff Writer
The Moscow District Military Court opened preliminary hearings into the
killing of investigative reporter Anna Politkovskaya on Wednesday despite the
absence of her family's lead lawyer, who fears that she was poisoned with
mercury in France.
Judge Yevgeny Zubov rejected an appeal by Politkovskaya's family to postpone
the trial until the lawyer, Karina Moskalenko, returned to Moscow and to set the
next hearing for Nov. 17.
Moskalenko vowed not to miss the hearing. "I'm going to be at Anna
Politkovskaya's trial on Nov. 17. Nothing will prevent me again," she said by
telephone from Strasbourg, where she lives part time, working as a civil rights
lawyer at the International Court for Human Rights.
Moskalenko said she could not attend Wednesday because she had to wait for
the results of a French police investigation into whether there had been an
attempt to poison her. "We found something suspicious in the car, and we called
the police. I cannot give any more information until the police report back,"
she said.
Sergei Sokolov, deputy editor at Novaya Gazeta, where Politkovskaya had
worked, said Moskalenko went to the Strasbourg police on Tuesday after feeling
ill for several days and then finding a mercury-like substance under the floor
mats of her car.
He described her symptoms as weakness, nausea, coughing, headaches and
swelling. A doctor examined and released her, he said.
French police are expected to disclose the results of their investigation and
a test of the substance Friday, he said.
"People do not put mercury in your car to improve your health," Moskalenko
told Ekho Moskvy radio later Wednesday.
Inhaling mercury vapors for a long time can damage the brain, heart, lungs,
kidneys, nervous and immune systems.
Moskalenko's husband, a chemist, found "about 10 little pellets of liquid
metal" on the floor of both the driver and passenger sides of the car on Sunday,
Le Figaro reported Wednesday, citing a source close to the investigation. "It
seems the quantity of the metal was not enough to cause severe health problems,"
the source said.
Moskalenko's son, Rodion, said by telephone from Strasbourg that he, his
brother and father felt fine.
The poisoning scare casts a cloud over the start of the Politkovskaya murder
trail. Three men have been charged in the death: two ethnic Chechens, brothers
Dzhabrail and Ibragim Makhmudov, and a former officer in the anti-organized
crime unit of the Moscow police department, Sergei Khadzhikurbanov.
The Moscow court, meeting behind closed doors Wednesday, decided that the
accused would remain in custody for six more months and that the case would be
heard before a jury, said Anna Stavitskaya, a Politkovskaya family lawyer.
Stavitskaya said the next hearing would decide whether the trial would be
open to the public. Jury selection will begin Nov. 18, she said.
A lawyer for the Makhmudov brothers, Murad Musayev, told reporters in remarks
shown on NTV television that investigators had no firm evidence of his clients'
guilt.
He added: "We understand from the judge that the hearing will be held behind
closed doors. He explained this by saying that there is secret material in the
case."
Novaya Gazeta and the U.S.-based Committee to Protect Journalists called for
an open trial.
Politkovskaya's son Ilya told reporters outside the court that the
prosecution's case was weak and incomplete because investigators had failed to
find out who had ordered the killing and who had pulled the trigger. "This crime
has not been solved yet," he said. "The people being prosecuted are just a small
part. I cannot say if they are guilty or not. The jury will answer that
question."
Investigators suspect that Rustam Makhmudov, a Chechen who has not been
apprehended, acted as the triggerman and are looking for a number of other
people suspected of helping organize the killing.
Politkovskaya was one of the strongest critics in the media of the Kremlin's
handling of the conflict in Chechnya. She was gunned down in the elevator of her
apartment building in central Moscow on Oct. 7, 2006.
Moskalenko and her team of lawyers have won 27 cases filed by Russian
citizens against the Russian government before the European Court of Human
Rights and have more than 100 cases pending, according to the Committee to
Protect Journalists. Her clients include former Yukos head Mikhail Khodorkovsky
and Garry Kasparov, an opposition leader and former chess champion, the
organization said.
She has served as a lawyer for Alexander Litvinenko, a former KGB officer who
was killed by polonium poisoning in London in 2006. Another former security
service officer, State Duma Deputy Andrei Lugovoi, is wanted by British
authorities in connection with Litvinenko's death.
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