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N 86

RESOLUTION
on the extension of the period of detention

Moscow, April 25, 2003

Federal Judge of the Basmanny District Court of the Central Administrative District of Moscow, Rasnovsky A.V., with the participation of the prosecutor of the department for supervision of the investigation of particularly important cases of the department for the investigation of particularly important cases of the Prosecutor General's Office of the Russian Federation, Ivanova Yu.A., the accused Dekkushev Adam Osmanovich, born February 3, 1962, native of Karachaevsk, KChAO, Stavropol Krai, citizen of the Russian Federation, with secondary education, married, having two children born in 1989 and 1991, unemployed, registered: Stavropol Krai, KChOA, Karachaevsk, Lenin St., 75, with no prior convictions, with secretary Shmatko E.V., considered the resolution of the senior investigator for particularly important cases of the Prosecutor General's Office of the Russian Federation, Senior Counselor of Justice Zipunnikov I.I., on initiating a motion to extend the period of detention of Dekkushev A.O., accused of committing crimes provided for by Part 2 of Art. 208, Part 3 of Art. 222, Part 3 of Art. 223, Part 3 of Art. 205, items 'a, v, d, e, zh, n' of Part 2 of Art. 105, Part 3 of Art. 30, items 'a, v, d, e, zh, n' of Part 2 of Art. 105, Part 2 of Art. 322 of the Criminal Code of the Russian Federation.

Having checked the submitted materials, heard the opinion of prosecutor Ivanova Yu.A., and the accused Dekkushev A.O.

ESTABLISHED:

The criminal prosecution authorities accuse Dekkushev A.O. of terrorism, illegal operations with explosives, murder under aggravating circumstances, and other crimes.

During the investigation, it was established that the terrorist acts — bombings of residential buildings in the cities of Moscow and Volgodonsk in September 1999 were committed by an organized criminal group, the members of which were the leaders and participants of illegal armed formations operating on the territory of the Chechen Republic: Emir Al Khattab, Abu Umar, Krymshamkhalov Yu.I., Dekkushev A.O., Gochiyayev A.Sh., Saitakov D.F., Batchaev T.A., Batchaev Z.A., Abaev Kh.M., Tsokiev M.D., and a number of other persons.

In July-September 1999, as part of an organized group consisting of leaders and participants of illegal armed formations operating on the territory of the Chechen Republic, Dekkushev A.O. illegally acquired, manufactured, stored, and transported explosives and explosive devices by road from the territory of Stavropol Krai to Moscow and Volgodonsk, where he carried out terrorist acts — bombings on September 8 and 13, 1999, of residential buildings No. 19 on Guryanova St. and No. 6 building 3 on Kashirskoye Hwy in Moscow, and on September 16, 1999, at residential building No. 35 on Oktyabrskoye Hwy in Volgodonsk, as a result of which 243 people died and more than 1,500 people received injuries of varying degrees of severity or suffered to one degree or another, and significant material damage was caused to the state and citizens in connection with this.

On January 14, 2003, criminal cases against Dekkushev A.O. and Krymshamkhalov Yu.I., separated into separate proceedings, respectively on September 9, 2002, and January 9, 2003, from criminal case No. 103, initiated on the facts of bombings of residential buildings in the cities of Moscow and Volgodonsk, Rostov Region, in September 1999, were merged into one proceeding.

On September 9, 1999, criminal case No. 275209 was initiated on the fact of the bombing of building 19 on Guryanova St. in Moscow.

On September 13, 1999, criminal cases No. 275210 were initiated on the fact of the bombing of residential building No. 6 building 3 on Kashirskoye Hwy in Moscow and No. 75908 in connection with the discovery at the address: Moscow, Borisovskiye Prudy St., building 16, building 2, of an explosive substance of the 'ammonal' type weighing about 1000 kg, as well as detonators and fuses with a clock mechanism. On September 22, 1999, the above-mentioned criminal cases were merged into one proceeding under No. 103.

On September 19, 1999, criminal case No. 173 was initiated on the fact of the bombing in the courtyard of residential building No. 35 on Oktyabrskoye Hwy in Volgodonsk, Rostov Region. On August 8, 2002, this criminal case was merged with criminal case No. 103 into one proceeding.

On November 19, 1999, a resolution was issued against Dekkushev A.O. to bring him as an accused under Part 3 of Art. 205, Part 3 of Art. 222 of the Criminal Code of the Russian Federation, a preventive measure in the form of detention was chosen, and he was put on the search list.

On July 14, 2002, Dekkushev A.O. was detained by law enforcement agencies of the Republic of Georgia and handed over to the Russian Federation. On the same day, Dekkushev A.O. was charged.

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]