Resolution on the cancellation of part of the investigator's resolution, on the initiation and consolidation of criminal cases into one proceeding

"06" March 2000, Moscow

Senior Prosecutor of the Department for Supervision of Compliance with Laws on Federal Security of the Prosecutor General's Office of the Russian Federation, Senior Counselor of Justice Yu. Volgin, having examined criminal case No. 103,

Established:

• On September 09, 1999, regarding the explosion of residential building No. 19, Guryanova Street, Moscow, which resulted in the death of 93 people and injury to 145 people, criminal case No. 103 was initiated.
• On September 13, 1999, regarding the explosion of building No. 2 of residential building No. 16, Kashirskoye Highway, Moscow, which resulted in the death of 130 people and injury to 5 people, criminal case No. 104 was initiated.
• The Deputy Prosecutor of the city of Moscow qualified the above-mentioned events under Art. 205 part 3, 105 part 2 items "a, d, e, zh" of the Criminal Code of the RF; the investigation was assigned to an investigator of the Investigative Department (SU) of the FSB of Russia.
• On September 13, 1999, Senior Investigator of the Investigative Department at the Internal Affairs Directorate of the "Brateyevo" district of the Southern Administrative District of Moscow, A.I. Susanov, regarding the discovery on the first floor of building No. 2 of house No. 16 on Borisovskiye Prudy St., Moscow, of an explosive substance with a total mass of over 1000 kg, 13 electric detonators, 6 fuses with a clock mechanism, and 25 meters of detonating cord, reasonably initiated a criminal case, which had the initial No. 75908 (new No. 105), based on the elements of a crime provided for by part 1 of Art. 222 of the Criminal Code of the RF.
• On September 15, 1999, with the consent of the Nagatinsky Inter-district Prosecutor of Moscow, the senior investigator reclassified the crime under part 2 of Art. 205 of the Criminal Code of the RF, citing the fact that the explosives were brought into the premises by persons wanted for committing the two acts of terrorism described above. Case No. 75908 was transferred by the prosecutor for investigation to the SU FSB. The resolution in the part of reclassification under part 2 of Art. 205 of the Criminal Code of the RF is unfounded and illegal and is subject to cancellation because the law requires the application of an independent corpus delicti for the preparation for the explosion of a residential building.
• On September 22, 1999, Deputy Head of the 3rd Department of the SU FSB M.I. Chaika consolidated criminal cases Nos. 103-105 into one proceeding.
• On September 27, 1999, resolutions were issued regarding A.Sh. Gochiyayev and D.F. Saitakov to charge them as defendants under Art. 205 part 3, 222 part 3 of the Criminal Code of the RF. By order of the prosecutor supervising the investigation, the absconding defendants Gochiyayev and Saitakov were declared wanted by the investigator by a resolution dated October 29, 1999.
• On November 19, 1999, resolutions were issued to charge A.O. Dekkushev, T.A. Batchayev, and Yu.I. Krymshamkhalov as defendants under Art. 205 part 3, 222 part 3 of the Criminal Code of the RF and to declare them wanted. Driver R.Sh. Magayev was charged with complicity and arrested.

Defendants Gochiyayev, Saitakov, Dekkushev, Batchayev, Krymshamkhalov, and Magayev are accused of the fact that in August 1999, acting as an organized group, for the purpose of committing acts of terrorism in Moscow, they illegally delivered explosives with means of explosion with a total mass of about 9 tons by car from the territory of the North Caucasus. Part of the explosives was placed in house No. 19 on Guryanova St. and building No. 3 of house No. 6 on Kashirskoye Highway, which the defendants blew up on September 8 and 13, 1999.

In warehouse building No. 70 on Krasnodarskaya St., an explosive substance was placed - a mixture of TNT, aluminum powder, and ammonium nitrate in 76 bags with a total mass of 3800 kg. In building No. 2 of house No. 16 on Borisovskiye Prudy St., an explosive mixture in 38