Appendix 169

N 86

AGREED

(agreed, not agreed)

First Deputy Prosecutor General of the Russian Federation, State Counselor of Justice 1st Class
(name of the prosecutor's office, rank, surname, initials of the prosecutor)
[Stamp: Prosecutor General's Office of the Russian Federation]
[Signature] Yu.S. Biryukov
"21" April 2003

DECISION

to file a motion before the court to extend the period of detention of the accused

Moscow "21" April 2003
(place of drafting)

Senior Investigator for Particularly Important Cases of the Department for Investigation of Particularly Important Cases of the Prosecutor General's Office of the Russian Federation, Senior Counselor of Justice Zipunnikov I.I., having reviewed the materials of criminal case No. 18/230300-02,

HAS ESTABLISHED:

On January 14, 2003, criminal cases against the accused—
(the essence of the charge is set out, indicating the date of selection of the preventive measure in the form of detention, the periods of the accused's detention (the periods of detention of the suspect, house arrest, compulsory stay in a medical or psychiatric hospital are also indicated), the periods of the previous extension of detention, the expiration of the periods of detention, the justification for the impossibility of completing the preliminary investigation or familiarizing the accused and his defense counsel with the materials of the criminal case within the established period and the absence of grounds for changing or canceling the preventive measure)
—A.O. Dekkushev and Yu.I. Krymshamkhalov, which were separated into separate proceedings on September 9, 2002, and January 9, 2003, respectively, from criminal case No. 103, initiated regarding the facts of the explosions of residential buildings in the cities of Moscow and Volgodonsk, Rostov Region, in September 1999, were merged into one proceeding. The merged criminal case was accepted by me for processing on January 14, 2003.

Regarding the explosion of residential building No. 19 on Guryanova St. in Moscow on September 9, 1999, criminal case No. 275209 was initiated. On September 13, 1999, criminal cases No. 275210 were initiated regarding the explosion of residential building No. 6, building 3 on Kashirskoye Highway in Moscow, and No. 75908 in connection with the discovery at the address: Moscow, Borisovskie Prudy St., house 16, building 2, of an explosive substance of the "ammonal" type weighing about 1000 kg, as well as electric detonators, [intermediate...]

Case Summary and Timeline

Initial Proceedings and Investigation

• September 16, 1999: Criminal case No. 173 was initiated concerning the explosion in the courtyard of residential building No. 35 on Oktyabrskoye Shosse in Volgodonsk, Rostov Region.
• September 22, 1999: The aforementioned criminal cases were combined into a single proceeding under No. 103.
• August 8, 2002: Criminal case No. 173 was combined into a single proceeding with criminal case No. 103.

Findings of the Investigation

The investigation established that the terrorist acts—the bombings of residential buildings in Moscow and Volgodonsk in September 1999—were committed by an organized criminal group. Members of this group were leaders and participants of illegal armed formations operating on the territory of the Chechen Republic.

Key individuals identified include:
* Emir Al-Khattab
* Abu Umar
* A.O. Dekkushev
* Yu.I. Krymshamkhalov
* A.Sh. Gochiyayev
* D.F. Saitakov
* T.A. Batchayev
* Z.A. Batchayev
* Kh.M. Abayev
* M.D. Tsokiyev
* A number of other persons not identified by the investigation.

Legal Actions Against A.O. Dekkushev

Initial Charges (November 19, 1999)

Decrees were issued to charge A.O. Dekkushev with:
* Terrorism.
* Illegal acquisition, storage, and transportation of explosives and explosive devices under Part 3 of Article 205 and Part 3 of Article 222 of the Criminal Code of the RF.
* Selection of a preventive measure in the form of detention.
* Declaring him wanted.

Detention and Transfer (July 14, 2002)

• A.O. Dekkushev was detained by law enforcement agencies of the Republic of Georgia on its territory and subsequently handed over to the Russian Federation.
• On the same day, he was charged, and detention was selected as the preventive measure against him.

New Charges (April 18, 2003)

A.O. Dekkushev was presented with new charges, including violations of:
* Part 2 of Article 208
* Part 3 of Article 222
* Part 3 of Article 223
* Part 3 of Article 205
* Paragraphs 'a', 'v', 'd', 'e', 'zh', and 'n' of Part 2 of Article 105
* Part 3 of Article 30
* Paragraphs 'a', 'v', 'd', 'e', 'zh', and 'n' of Part 2 of Article 105
* Part 2 of Article 322 of the Criminal Code of the RF.

Specific Accusation:
He is accused of illegally acquiring, manufacturing, storing, and transporting explosives and explosive devices by motor transport from the territory of the Stavropol Krai to Moscow and Volgodonsk between July–September 1999, as part of an organized group linked to illegal armed formations in the Chechen Republic.

These materials were allegedly used to carry out terrorist acts:
* September 8 and 13, 1999: Bombings of residential buildings No. 19 on Guryanova St. and No. 6 building 3 on Kashirskoye Shosse in Moscow.
* September 16, 1999: Bombing of residential building No. 35 on Oktyabrskoye Shosse in Volgodonsk.

Consequences of the Acts:
* 243 people died.
* More than 1500 people were injured (suffering varying degrees of severity or moral trauma).
* Significant damage was caused to the state and citizens through the destruction and damage of residential buildings.

Note: The text mentions "intermediate detonators and fuses with a clock mechanism" in the initial context, which is related to the nature of the explosives used.

Leaf 86

Investigation Status and Requirements

• Damage Assessment: There is substantial material damage.
• Investigation Requirement: To complete the investigation of the criminal case, it is necessary to familiarize the following parties with the materials of the criminal case, in accordance with Articles 216 and 217 of the Criminal Procedure Code of the Russian Federation:
  • The victims and civil plaintiffs.
  • The accused Dekkushev A.O. and Krymshamkhalov Yu.I. and their defense attorneys.
• Next Step: After familiarization, an indictment shall be drawn up.
• Timeline: At least 2 months will be required to perform all necessary investigative actions in the criminal case.

Detention Status of Accused

• The period of detention for the accused Dekkushev A.O. expires on May 9, 2003.
• Grounds for Continued Detention: There are no grounds for changing this measure of restraint against him because he may:
  • Flee from the preliminary investigation and the court.
  • Continue to engage in criminal activity.
  • Threaten witnesses and victims.
  • Otherwise obstruct the proceedings in the criminal case.

Decision

Based on the foregoing, guided by Art. 109 of the Criminal Procedure Code of the Russian Federation, the following was DECIDED:

• To petition the court, the Basmanny District Court of Moscow (name of the court), for an extension of the period of detention of the accused Adam Osmanovich Dekkushev (last name, first name, patronymic) in criminal case No. 18/230300-02.
• Requested Extension: 2 months and 5 days, for a total of 12 months (days).
• New Expiration Date: Until July 14, 2003, inclusive.

Investigator [Signature] I.I. Zipunnikov