To the Chairman of the Public Commission
for the investigation of the apartment bombings in Moscow
Deputy of the State Duma of the Russian Federation
Sergei Adamovich Kovalyov
Moscow

Milwaukee, July 23, 2002

Dear Sergei Adamovich!

We ask you to consider lawyer Mikhail Trespashkin as our representative in the work of the Public Commission.

Sincerely,

Elena Morozova
Tatyana Morozova

Testimony of Achimez Gochiyayev

Materials for the meeting of the Public Commission for the investigation of the apartment bombings in Moscow

Prepared by Alexander Litvinenko and Yuri Felshtinsky

July 25, 2002

1. Circumstances of contacts with Gochiyayev

• A representative of Gochiyayev called Yuri Felshtinsky at the end of March 2002 and offered to provide information regarding the bombings in Moscow.
• To make a decision, we took a pause. A second phone call from the intermediary took place in mid-April. An agreement was reached to meet in one of the European countries.
• At the end of April 2002, a meeting took place between Felshtinsky and Alexander Litvinenko and Gochiyayev's courier. He was given a list of questions for Gochiyayev concerning (1) the authenticity of Gochiyayev's identity and (2) the circumstances of the terrorist attacks in Moscow, as well as a video camera.
• A few days later, a second meeting with the courier took place. We were handed a video recording and several photographs establishing Gochiyayev's identity, as well as his handwritten testimony.
• Oral explanations from Gochiyayev were also received regarding the issue of a joint photograph with Khattab on the FSB website.
• The materials were received free of charge; no money or material values were transferred for them (with the exception of the video camera).

2. Authenticity of Gochiyayev's identity

• Independent forensic examination of the provided photographs, in comparison with the official "portrait" photographs of Gochiyayev posted on the FSB website in the "Wanted" section, leaves no doubt that it is the same person.

Expert Examination Findings

• The expert examination established that it is impossible to identify the person depicted in the group photographs with Khattab on the FSB website in the "Photo Album" section.
• Most of this person's face is hidden by a beard and headgear.
• These photographs are not forensically reliable and under no circumstances can be used as evidence.
• According to one parameter (proportional ear size), the person in the group photograph with Khattab differs from authentic images of Achimez Gochiyayev.
• However, in the expert's opinion, this difference is also insufficient for a definite statement that this person is not Achimez Gochiyayev, due to the inadequacy of the group photographs.

Substance of Achimez Gochiyayev's Testimony

• Achimez Gochiyayev confirms that he rented premises for commercial purposes in the basements of the bombed houses, as well as in two other houses where explosions were prevented: in Kapotnya and on Borisov Ponds.
• He claims that he was used "blindly" to rent these premises by a person he had known "since school days" and who, in his opinion, was an FSB agent.
• According to Achimez Gochiyayev, on the night of September 9, this person tried to lure him to the site of the first explosion under the pretext that a "small fire" had occurred there. However, after learning about the explosion on TV, Achimez Gochiyayev "decided not to go there, but to wait it out".
• After the second explosion on September 13, Achimez Gochiyayev realized that he had been "set up" and decided to go into hiding.
• Achimez Gochiyayev's most important claim is that it was he who warned the authorities about two other premises, in Kapotnya and on Borisov Ponds, and thereby prevented new terrorist attacks. These warnings, according to his testimony, he relayed by phone to the police, the 911 emergency service, and the ambulance.
• Achimez Gochiyayev also denies that he is connected with Shamil Basaev and Khattab, that he underwent training in a camp in Urus-Martan, and that he received financial reward for the explosions.
• According to him, he is not the one depicted in the group photographs with Khattab posted on the FSB website.
• Achimez Gochiyayev claims that there is an FSB order "not to take him alive", citing information from his relative - a police officer in the city of Karachaevsk.

According to Achimez Gochiyayev, his sister was subjected to beatings by the FSB in order to give knowingly false testimony against him.

Recommendations

• Conduct a comprehensive investigation of the episode involving the discovery of explosive devices in Kapotnya and on Borisovskie Ponds. In particular, find out who and under what circumstances reported these addresses. Request and listen to tape recordings of reports from September 13, 1999, in the duty services of the Ministry of Internal Affairs, ambulance, and rescue services.
• Find out which law enforcement units responded to these signals. Establish the reasons why, after the discovery of 6 ready-to-use explosive devices on Borisovskie Ponds, an ambush was not set up there to detain the terrorists, but instead information was given to the media.
• Establish Achimez Gochiyayev's mobile phone number and obtain call logs. Find out who called him around five o'clock in the morning on September 9, 1999.
• Interview Achimez Gochiyayev's acquaintances in Moscow to establish his whereabouts from September 8 to 13, 1999, and to assess his psychological state at the time of the terrorist attacks.
• Check whether Achimez Gochiyayev's company "Kapstroy 2000" was registered in Moscow. Study Achimez Gochiyayev's business operations in Moscow starting from June 1999. In particular, check the mineral water deal, which, according to Achimez Gochiyayev, was concluded with a person he considers an "FSB agent" and who used him "blindly."
• Interview Achimez Gochiyayev's acquaintances, relatives, and employees to identify the person he calls the initiator of the basement rentals.
• Confirm Achimez Gochiyayev's biographical data specified in the explanation.
• Request law enforcement agencies of third countries, in case of Achimez Gochiyayev's detention, not to hand him over to the FSB, against which there are numerous facts of data concealment, destruction of evidence, intimidation of witnesses, falsifications, and the use of unauthorized investigative methods. Achimez Gochiyayev, who is an important witness to the terrorist attacks, must be interrogated by independent and impartial investigators.

Appendices

Documents Provided

• Copy of the handwritten explanation of Achimez Gochiyayev dated 24.04.2002
• Printout of the explanation of Achimez Gochiyayev dated 24.04.2002
• Photographs provided by Achimez Gochiyayev
• Video recording of Achimez Gochiyayev
• Expert opinion on the photographs