English translation

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Case Summary and Court Resolution

Timeline of Events

  • February 04, 2003: The Basmanny District Court of Moscow extended the detention period of A.O. Dekkushev to 9 months and 25 days, until May 09, 2003.
  • April 18, 2003: A.O. Dekkushev was charged with crimes under the Criminal Code of the Russian Federation, specifically:
    • Part 2 of Art. 208
    • Part 3 of Art. 222
    • Part 3 of Art. 223
    • Part 3 of Art. 205
    • Paragraphs "a, v, d, e, zh, n" of Part 2 of Art. 105
    • Part 3 of Art. 30
    • Paragraphs "a, v, d, e, zh, n" of Part 2 of Art. 105
    • Part 2 of Art. 322
  • April 21, 2003: The period of the preliminary investigation was extended by the First Deputy Prosecutor General of the Russian Federation to 46 months and 5 days, until July 14, 2003.

Petition for Extension of Detention

The investigator submitted a petition to the court, supported by the First Deputy Prosecutor General of the Russian Federation, arguing for the continuation of the investigation.

Key Points of the Petition:

  • Necessity of Investigation: Investigative actions are required to complete the investigation; otherwise, the pre-trial proceedings cannot be concluded.
  • Detention Expiration: The current detention period expires on May 09, 2003.
  • Justification for Continued Detention:
    • The accused is charged with acts categorized as serious and especially serious crimes, punishable by deprivation of liberty for more than 2 years.
    • While at liberty, A.O. Dekkushev risks:
      • Hiding from investigative authorities and the court.
      • Continuing criminal activities.
      • Threatening witnesses and victims, thereby obstructing the proceedings.
  • Procedural Support:
    • Prosecutor Yu.A. Ivanova supported the investigator's petition during the court session.
    • A.O. Dekkushev did not object to the petition.

Court's Consideration and Findings

The court reviewed the submitted materials and the opinions of the parties before making its decision.

Factors Considered by the Court:

  • Nature of Crimes: The accused is charged with serious and especially serious crimes, carrying a potential sentence of over 2 years.
  • Risk Assessment: The court noted that A.O. Dekkushev may hide, continue criminal activities, and influence witnesses/victims while free.
  • Personal Circumstances (Mitigating Factors):
    • Family status (presence of children born in 1989 and 1991).
    • Age and health status of A.O. Dekkushev.
  • Procedural Needs: The volume of investigative actions required by the criminal prosecution authorities.

Court Resolution

Guided by Art. 109 of the Code of Criminal Procedure of the Russian Federation, the court issued the following resolution:

[THE COURT] RESOLVED:

To extend the period of detention of the accused Adam Osmanovich Dekkushev:

  • Personal Details: Born February 03, 1962; native of Karachaevsk, KChAO, Stavropol Krai; Russian Federation citizen; secondary education; married; two children born in 1989 and 1991; unemployed; registered at Stavropol Krai, KChAO, Karachaevsk, Lenin St., 75; no prior convictions.
  • Extension Granted: For 2 months and 5 days, for a total of up to 12 months.
  • New Expiration Date: Until July 14, 2003.

Appeal Information:
This resolution may be appealed to the Moscow City Court within 10 days from the date of its issuance.

Signatories:
* Federal Judge: A.V. Rasnovsky
* TRUE COPY
* Judge [signature]
* Secretary [signature]