Court Decision Summary

Timeline of Events

• On February 04, 2003, the Basmanny District Court of Moscow extended the period of detention for A.O. Dekkushev to 9 months and 25 days, i.e., until May 09, 2003.
• On April 18, 2003, A.O. Dekkushev was charged with committing crimes under:
  • 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
    (All parts refer to the Criminal Code of the Russian Federation).
• On April 21, 2003, the period for the preliminary investigation of the criminal case was extended by the First Deputy Prosecutor General of the Russian Federation to 46 months and 5 days, i.e., until July 14, 2003.

Investigator's Motion

• The investigator submitted a motion to the court, with the consent of the First Deputy Prosecutor General of the Russian Federation, indicating the necessity of performing investigative actions to complete the investigation.
• The investigator stated that without these measures, completing the pre-trial proceedings was impossible, and the accused's detention period expired on May 09, 2003.
• The motion further asserted that there were no grounds to change the preventive measure for A.O. Dekkushev because:
  • He is accused of acts categorized as serious and especially serious crimes, punishable by imprisonment exceeding 2 years.
  • If released, he might flee from investigative authorities and the court, continue criminal activity, or threaten witnesses and victims, thereby obstructing the proceedings.

Court Proceedings and Findings

• Prosecutor Yu.A. Ivanova supported the investigator's motion during the court session.
• The accused, A.O. Dekkushev, did not object to the granting of the investigator's motion.
• After examining and analyzing the submitted materials and hearing the opinions of the parties, the court determined that the motion to extend the period of detention for A.O. Dekkushev was subject to satisfaction.
• The resolution to initiate the motion was prepared in compliance with the requirements of the criminal procedure law and submitted to the court with the prosecutor's consent within the established timeframe. The preventive measure against A.O. Dekkushev was chosen and authorized by empowered officials according to the criminal procedure legislation in force at that time.

Court Considerations for Extension

The court considered the following factors when deciding on the extension of detention:

• The accused is accused of serious and especially serious crimes, punishable by imprisonment exceeding 2 years.
• He lacks a permanent place of residence in Moscow or the Moscow region and has previously fled from investigative authorities and the court, leading to him being placed on a wanted list.
• The nature and circumstances of the crimes, along with the accused's personal data, suggest that if released, A.O. Dekkushev might flee, continue criminal activity, or influence witnesses and victims, obstructing the proceedings.
• The court took into account the accused's family status, the presence of children born in 1989 and 1991, and his age and health status.
• The court also considered the volume of investigative actions that the criminal prosecution authorities needed to perform.

Resolution

Based on the foregoing and guided by Art. 109 of the Code of Criminal Procedure of the Russian Federation,

IT IS RESOLVED:

• To extend the period of detention for the accused Adam Osmanovich Dekkushev, born February 03, 1962, a native of the city of Karachaevsk, KChAO, Stavropol Krai, a citizen of the Russian Federation, with a secondary education, married, having two children born in 1989 and 1991, unemployed, registered at: Stavropol Krai, KChAO, Karachaevsk, Lenin St., house 75, with no prior convictions, for 2 months and 5 days, for a total of up to 12 months, i.e., until July 14, 2003.

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

Federal Judge A.V. Rasnovsky
[Stamp: TRUE COPY Judge (signature) Secretary (signature)]