Supreme Court in Crimea allowed questioning Polozov as a witness in Umerov’s «case»

On Tuesday, February 14, the so-called Supreme Court of the occupied Crimea reviewed the lawyer Nicholay Polozov’s appeal on a decision to question him as a witness in his client’s «case», deputy chairman of the Mejlis of the Crimean Tatar people Ilmi Umerov, though «court» left that decision standing.

«First of all, I want to highlight that the appeal court’s decision is also illegal as the first one. In fact, the Supreme Court of the Republic of Crimea abrogates such a term as attorney secrets due to this decision. Of course, it is absolutely impossible to leave the situation this way. The challenge does not concern me, particularly the lawyer Polozov, and even specifically Ilmi Umerov, my client. This is a clear signal given in Crimea to many investigators and judges how attorneys might be completely withdrawn of the cases and questioned about the circumstances of providing their legal aid», Polozov said in an interview to «15 minutes».

The lawyer intends to appeal the decision of the so-called Crimean Supreme Court to allow questioning him as a witness in Umerov’s «case»:

«First of all, passing the second instance opens the possibility to appeal to the European Court of Human Rights and, of course, I take advantage of it. For now I do not have the printed text of the decision in my hands and only within 7 days it will be produced and sent to the Court of First Instance where it will be available however I will send an application to the ECHR afterwards. And it takes enough time. In addition, I am going to appeal to the Russian jurisdiction. I have the right to lodge an appeal to the Supreme Court of the Republic of Crimea and then filing a supervisory appeal to the Supreme Court of the Russian Federation. Somehow, it is not fast».

Polozov considers it is necessary to speak outside a peninsula about its lawlessness: «It is important, in my opinion, telling about a problem outside Crimea if here we see already established conglomerate of investigators, prosecutors and judges operating simultaneously without regarding for the law. Well, let's see how the judges of the Supreme Court in Moscow will react».

As Polozov says, there is no exact way of interrogation procedure of lawyers as witnesses on their clients' cases in Russia, and this is an opportunity for him to apply not only to the Supreme Courts in Crimea and Russia, but also to the Constitutional Court of the Russian Federation.

«I'm also considering the possibility to appeal to the Constitutional Court. The fact is that the criminal procedure legislation has not got a clear regulated procedure for interrogation advocates as the witnesses on circumstances found out in connection with the providing the legal aid. There is a serious legal gap and legal uncertainty, and I think that the subsequent appeal to the Constitutional Court might allow removing it somehow. Anyway the impunity for these officials’ illegal actions in Crimea will not pass by», he said.

«I will continue defending not only myself and my client, but also in general the whole attorney-client privilege institute in Russia», Polozov stated.

To remind some facts, on 25 January, the lawyer Nicholay Polozov was illegally detained in Crimea by the FSS officers. The security services were trying to question him as a witness in Umerov’s «case».

Polozov refused communicating with the investigator and later stated that the court’s decision to interrogate him as a witness in the «case» of the deputy chairman of the Mejlis of the Crimean Tatar people Ilmi Umerov had not yet come in force since it had been appealed.

Regarding to that he considers his arrest as a kidnapping.

As you know, they try to deprive Polozov his defender’s status in Umerov’s case through questioning him as a witness.