Zipunnikov Resolution: Krymshamkhalov Charges

Scanned document 10 pages EN
English translation  ·  Page 1

Appendix 42

Volume 67
146

RESOLUTION

on bringing as an accused

Moscow, April 18, 2003
(place of drafting)

Investigator (inquirer) Senior Investigator for Particularly Important Cases of the Department for the 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 December 7, 2002, Yusuf Ibragimovich Krymshamkhalov was charged with terrorism and the illegal acquisition, storage, and transportation of explosives and explosive devices, that is, with committing crimes provided for by Part 3 of Article 205 and Part 3 of Article 222 of the Criminal Code of the Russian Federation, in connection with the bombings of residential buildings in Moscow on September 8 and 13, 1999.
  • Currently, sufficient evidence has been collected in the criminal case to provide grounds for amending and supplementing the charge previously brought against Yu.I. Krymshamkhalov and bringing a new charge against him in the following wording:

In July 1999, the leaders of the illegal armed formation (IAF) Islamic Institute "Caucasus," which operated in the Chechen Republic, foreign citizens Emir Al-Khattab and Abu Umar, created an organized group on the territory of the North Caucasian subjects of the Russian Federation, which included members of the above-named IAF: Dekkushev A.O., Gochiyaev A.Sh., Batchaev T.A., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., and Tsokiev M.D., as well as a resident of the settlement of Mirny, Predgorny District, Stavropol Krai, Krymshamkhalov Yu.I., and several persons not identified by the investigation. The plans of this organized group included the commission of a series of acts of terrorism on the territory of the Russian Federation — the carrying out of explosions in populated areas, aimed at mass loss of life and, thereby, the violation of public safety, intimidation of the population, and exerting influence on decision-making by government bodies regarding the elimination of the consequences of...

English translation  ·  Page 2

Planning and Execution of Terrorist Acts

  • The attack in August 1999 on the Republic of Dagestan was planned by the leaders of illegal armed groups based on the territory of the Chechen Republic. This involved obstructing the authorities from displacing these IAGs from Dagestan and destroying them.
  • According to the distribution of duties among the participants of the organized criminal group:
    • Emir Al-Khattab and Abu Umar were assigned an organizing and leading role, as well as financial support for the planned crimes.
    • Members of the organized group—Krymshamkhalov Yu.I., Dekkushev A.O., Gochiyaev A.Sh., Batchaev T.A., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., Tsokiev M.D., and unidentified persons—were tasked with acquiring and manufacturing an improvised explosive substance, other necessary components for explosive devices, and organizing their delivery to planned locations for terrorist acts in the cities of Moscow and Volgodonsk, Rostov Region.
    • Subsequently, using the explosive substance and other components:
      • Gochiyaev A.Sh., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., and unidentified persons were to carry out terrorist acts in Moscow.
      • Krymshamkhalov Yu.I., Dekkushev A.O., and Batchaev T.A. were to carry out terrorist acts in Volgodonsk.

Acquisition of Materials

  • Implementing the plans, Krymshamkhalov Yu.I., in July–early August 1999, both independently and with Dekkushev A.O., Gochiyaev A.Sh., Batchaev T.A., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., Tsokiev M.D., and unidentified persons, acquired in the city of Volgograd and the North Caucasus region:
    • Over 1 ton of aluminum powder.
    • About 7 tons of granulated sugar.
    • About 2 tons of potatoes (intended for masking the manufactured explosive substance during transportation).
    • 280 bags for packaging the manufactured explosive substance.
    • Over 13 electric detonators (ED-8Zh, EDKZ, and ED-3-ZN).
    • More than 2.5 meters (over 11.5 kg) of detonating charge cable DKRP-4 for UZP-72 (UZP-77) mine-clearing installations.
    • More than 30 meters of detonating cord DSHE-12.
    • Over 6 illegally manufactured electric delayed-action fuses with electronic timers.
    • A large number of "Energizer" electric batteries.
  • For the same purposes, Abaev Kh.M. and an unidentified person known to the investigation as "Saleh," in July–early August 1999 on the territory of the North Caucasus region, illegally acquired about 13 tons of improvised mixed explosive substance manufactured at...
English translation  ·  Page 3

Circumstances of Explosive Material Manufacturing and Transport

  • The explosive material consisted of ammonium nitrate, TNT, and sugar, among other substances not clarified by the investigation.
  • Yu.I. Krymshamkhalov and A.O. Dekkushev rented a premises for manufacturing and packaging explosive material, which included:
    • A concrete mixer for mixing components.
    • A machine for sewing bags for the explosive material.

Manufacturing of Explosive Material

  • In the first half of August 1999, Yu.I. Krymshamkhalov, A.O. Dekkushev, T.A. Batchaev, Z.A. Batchaev, D.F. Saitakov, Kh.M. Abaev, M.D. Tsokiev, and unidentified persons, acting as an organized group, illegally manufactured over 14 tons of homemade mixed explosive material.
  • This material consisted of aluminum powder, ammonium nitrate, TNT, and sugar, mixed using aluminum powder and a mixture acquired by Kh.M. Abaev and "Saleh".
  • The manufacturing took place in a premises of outbuildings of house No. 28 on Vysokogornaya St. in the settlement of Mirny, Predgorny District, Stavropol Krai, which had been specially rented for this purpose.
  • The members of the criminal group packaged the manufactured explosive material into 280 bags specially purchased for this purpose.

Illegal Transportation

  • In mid-August 1999, Yu.I. Krymshamkhalov and the participants of the organized criminal group illegally transported the bags of explosive material.
  • The transport was made in a "KAMAZ-53212" vehicle (state registration plate A 831 AM 09), driven by R.Sh. Magayaev, who was unaware of the criminal activities.
  • The material was transported from the settlement of Mirny to the city of Kislovodsk, Stavropol Krai.
  • The material was subsequently illegally stored in the bed of the vehicle on the territory of CJSC "Realbaza khleboproduktov" at the address: 20 Zheleznodorozhnaya St.

Further Illegal Transportation

  • In early September 1999, Yu.I. Krymshamkhalov, along with A.O. Dekkushev, A.Sh. Gochiyayev, T.A. Batchaev, Z.A. Batchaev, D.F. Saitakov, Kh.M. Abaev, M.D. Tsokiev, and unidentified persons, organized and carried out the illegal transportation of:
    • The manufactured explosive material.
    • Means for detonating it, which included:
      • Electric detonators.
      • Detonating cable for mine-clearing installations.
      • Delayed-action electric fuses with electronic timers.
      • Detonating cord.
      • "Energizer" electric batteries.
  • This transportation occurred from the territory of Stavropol Krai in a "Mercedes-Benz 2236" vehicle.
English translation  ·  Page 4

Cargo Transport and Storage

  • The cargo was disguised and documented as sugar, and transported on a "KAMAZ-5320" vehicle, state registration plate A 048 VU 09, driven by Krymshamkhalov Yu.I. and a member of the organized group Batchaev T.A. to the city of Volgodonsk, Rostov Region.
  • The amount exceeded 4 tons, with the cargo being disguised and documented as potatoes.

Organized Criminal Group Activities

  • To implement the plan of the organized criminal group, Gochiyaev A.Sh., used a forged USSR citizen passport in the name of a resident of the Karachay-Cherkess Republic, Laipanov M.N.
  • On August 30, 1999, Gochiyaev A.Sh. registered in Moscow in the name of Laipanov M.N. as general director of the company OOO "BRAND-2".
  • In early September 1999, he rented warehouse premises for this company in Moscow at:
    • House No. 70 on Krasnodarskaya St. (Proyektiruemy Proyezd, house 5381)
    • House No. 19 on Guryanova St.
    • House No. 16 building 2 on Borisovskie Prudy St.
    • House No. 6 building 3 on Kashirskoye Highway.

Explosive Substance Handling

  • The explosive substance delivered to Moscow in an amount exceeding 10 tons, along with its means of detonation (electric detonators, detonating cable for mine clearance units, delayed-action electric fuses with electronic timers, detonating cord, and "Energizer" electric batteries), was stored by Gochiyaev A.Sh., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., and unidentified persons on September 7, 1999, in a warehouse specially rented for this purpose at the address: Krasnodarskaya St., house No. 70 (Proyektiruemy Proyezd, house 5381), where they were subsequently illegally kept.
  • On the same day, September 7, 1999, Gochiyaev A.Sh. and other above-named members of the organized group illegally transported over 2 tons of explosive substance and means of its detonation (electric detonators, detonating cable for mine clearance units, delayed-action electric fuses with electronic timers, detonating cord, and "Energizer" electric batteries) from this warehouse to a non-residential basement premises of house No. 6 building 3 on Kashirskoye Highway, specially rented for this purpose, where they were illegally kept for some time.
  • At the same time, Gochiyaev A.Sh. and members of the organized criminal group illegally manufactured an explosive device from the transported explosive substance and means of its detonation.
English translation  ·  Page 5

Incident Details

  • An explosive device was constructed using a homemade electric delayed-action fuse with an electronic timer and placed in a non-residential basement premises.
  • On September 8, 1999, A.Sh. Gochiyaev, Z.A. Batchaev, D.F. Saitakov, Kh.M. Abaev, and unidentified persons illegally transported:
    • Over 1.9 tons of explosive substance and its detonation means (electric detonators, detonating cable for mine-clearing installations, electric delayed-action fuses with electronic timers, detonating cord, and "Energizer" batteries).
    • The transport was made from the specified warehouse in building No. 70 on Krasnodarskaya St. to a non-residential premises specially rented for this purpose on the 1st floor of building No. 16, building 2 on Borisovskie Prudy St.
    • They subsequently illegally stored over 2 tons of explosive substance and its detonation means (electric detonators, detonating cable for mine-clearing installations, electric delayed-action fuses with electronic timers, detonating cord, and "Energizer" batteries) at a non-residential premises specially rented for this purpose on the 1st floor of building No. 19 on Guryanova St., where they illegally stored them for some time.
  • At the same time, in the warehouse premises on Guryanova St., A.Sh. Gochiyaev and members of the organized criminal group illegally manufactured an explosive device from the transported explosive substance and its detonation means using a homemade electric delayed-action fuse with an electronic timer, placing it in the same location, in the non-residential premises on the 1st floor.

Further Transport and Storage

  • Explosive substance in an amount of over 4 tons and its detonation means (electric detonators, detonating cable for mine-clearing installations, electric delayed-action fuses with electronic timers, detonating cord, and "Energizer" batteries) were delivered to the city of Volgodonsk.
  • Yu.I. Krymshamkhalov, A.O. Dekkushev, and T.A. Batchaev implemented the plan of the organized criminal group on September 13-14, 1999.
  • The materials were reloaded into the van of a "GAZ-53" vehicle specially purchased by them for this purpose, state registration plate Ts 37-81 RP.
  • They illegally stored the materials for some time on the territory of motorcade No. 2070, located in the city of Volgodonsk at the 7th kilometer of the "Volgodonsk-Tsimlyansk" highway.
  • At the same time, T.A. Batchaev together with Yu.I. Krymshamkhalov...
English translation  ·  Page 6

Incident Details

  • Dekkushev A.O. illegally manufactured an explosive device from explosive substances and means of detonation, using a homemade delayed-action electric detonator with an electronic timer, and placed it in the van of the vehicle.
  • On September 15, 1999, Dekkushev A.O., continuing the criminal intent of the organized group and having misled the former owner of the "GAZ-53" vehicle, Iskenderov A.I., with the help of the latter, parked this vehicle, with the explosive device set to the armed position in its van, near entrance No. 4 of building No. 35 on Oktyabrskoye Shosse in the city of Volgodonsk.

Terrorist Acts in September 1999

  • In September 1999, Krymshamkhalov Yu.I., implementing the plans of an organized group to carry out a series of large-scale acts of terrorism in the Russian Federation for the purpose of intimidating the population and influencing decision-making by government authorities, and acting jointly with Dekkushev A.O., Batchayev T.A., Gochiyayev A.Sh., Batchayev Z.A., Saitakov D.F., Abayev Kh.M., Tsokiyev M.D., and unidentified persons, personally and with the direct execution of the above-named participants of the organized group, committed the following:
    • Bombings of two residential apartment buildings with people inside in the city of Moscow, using explosive substances and means of detonation manufactured and delivered by them.
    • Detonation of a high-power explosive device near a residential apartment building with people inside in the city of Volgodonsk, using explosive substances and means of detonation manufactured and delivered by them.

Explosion in Moscow

  • On September 8, 1999, at approximately 24:00, Gochiyayev A.Sh., Batchayev Z.A., Saitakov D.F., Abayev Kh.M., and unidentified persons, using a high-power homemade explosive device with a delayed-action electric detonator and an electronic timer, located in a non-residential premises rented by Gochiyayev A.Sh. on the 1st floor of building No. 19 on Guryanova St. in Moscow, carried out the explosion of this 9-story, 6-entrance residential building.
  • The consequences of this explosion included:
    • 100 people died.
    • 690 people received injuries of varying degrees of severity or suffered in one way or another, receiving moral trauma.
    • Significant material damage was caused to the state and citizens in connection with the destruction of residential buildings No. 19 and No. 17 on Guryanova St. and damage to residential buildings adjacent to the epicenter of the explosion, amounting to at least 360,221,700 (three hundred sixty million two hundred twenty-one thousand seven hundred) rubles.
English translation  ·  Page 7

Incident Details

Moscow Explosion (September 13, 1999)

  • Date and Time: September 13, 1999, at approximately 5 a.m.
  • Perpetrators: Gochiyaev A.Sh., Batchaev Z.A., Saitakov D.F., Abaev Kh.M., and unidentified persons.
  • Method: Using a high-power improvised explosive device with an electric delayed-action fuse and an electronic timer.
  • Location: A non-residential basement premises rented by Gochiyaev A.Sh. in building No. 6, building 3 on Kashirskoye Highway in Moscow.
  • Consequences:
    • 124 people died.
    • 7 people received injuries of varying degrees of severity.
    • Significant material damage was caused to the state and citizens due to the destruction of the building and damage to adjacent residential buildings, amounting to at least 131,036,671 rubles.

Volgodonsk Explosion (September 16, 1999)

  • Date and Time: September 16, 1999, at approximately 6 a.m.
  • Perpetrators: Krymshamkhalov Yu.I., Dekkushev A.O., and Batchaev T.A.
  • Method: Detonating a high-power improvised explosive device with an electric delayed-action fuse and an electronic timer.
  • Location: The van of a "GAZ-53" vehicle they had purchased, parked at entrance No. 4 of building No. 35 on Oktyabrskoye Highway in Volgodonsk.
  • Consequences:
    • 19 people died.
    • 1,045 people received injuries of varying degrees of severity or were affected to one degree or another, having received moral trauma.
    • Significant material damage was caused to the state and citizens due to the destruction and damage to adjacent residential buildings, amounting to at least 337,604,000 rubles.

Charges

Terrorism

  • Krymshamkhalov Yu.I., as part of an organized group, repeatedly committed terrorism by:
    • Creating explosions that posed a danger of loss of life.
    • Causing significant property damage.
    • Causing other socially dangerous consequences.
  • Purpose: To violate public safety, intimidate the population, and exert influence on decision-making by government authorities.
  • Legal Basis: Crime provided for by Part 3 of Article 205 of the Criminal Code of the Russian Federation.

Illegal Manufacture of Explosives

  • By his actions, specifically in the manufacture, under the circumstances set forth above during the preparation of terrorist attacks, of over 14 tons of explosive substance and explosive devices for detonation, Krymshamkhalov Yu.I., as part of an organized group, repeatedly committed the illegal manufacture of explosive substances and explosive devices.
  • Legal Basis: Crime provided for by Part 3 of Article 223 of the Criminal Code of the Russian Federation.
English translation  ·  Page 8

Events in August and September 1999

Transportation Incident (Mid-August 1999)

  • During the transportation of a manufactured explosive substance from the settlement of Mirny to the city of Kislovodsk, Stavropol Krai, to the territory of CJSC "Realbaza Khleboproduktov," Yu.I. Krymshamkhalov approached S.S. Lyubichev, a state road supervision inspector of the GIBDD department of the Kislovodsk OVD.
  • Krymshamkhalov requested Lyubichev to ensure the unhindered passage through DPS GIBDD post No. 1 at the entrance to Kislovodsk for a "KAMAZ-53212" vehicle (state registration plate A 831 AM 09), which was in a technically faulty condition.
  • On a day in mid-August 1999, between 10:00 and 14:00, S.S. Lyubichev, while in uniform, ensured the vehicle's passage through DPS GIBDD post No. 1 into Kislovodsk.
  • The vehicle was driven by R.Sh. Magayaev, who lacked a driver's license or cargo documents.
  • To prevent other police officers from stopping the "KAMAZ" vehicle along its route, S.S. Lyubichev escorted the vehicle, traveling in a "Moskvich-Svyatogor" car driven by A.O. Dekkushev, from DPS GIBDD post No. 1 to the warehouses of CJSC "Realbaza Khleboproduktov" (located at 20 Zheleznodorozhnaya St.).
  • For these illegal actions, Yu.I. Krymshamkhalov gave S.S. Lyubichev a bribe: one 50 kg bag of granulated sugar, valued at 420 rubles.

Legal Implications of the Transportation Incident

  • By these actions, Yu.I. Krymshamkhalov committed the act of giving a bribe to an official for the commission of knowingly illegal actions (omission), which constitutes a crime under Part 2 of Article 291 of the Criminal Code of the Russian Federation.

Terrorist Plot (September 1999)

  • Simultaneously, in September 1999, Yu.I. Krymshamkhalov, acting under the circumstances described above, participated in the plans of an organized group to carry out large-scale acts of terrorism in the Russian Federation.
  • The purpose of this plot was to intimidate the population and influence decision-making by government bodies.
  • He acted jointly with:
    • A.Sh. Gochiyayev
    • A.O. Dekkushev
    • T.A. Batchayev
    • Z.A. Batchayev
    • D.F. Saitakov
    • Kh.M. Abayev
    • M.D. Tsokiyev
    • Unidentified persons
  • Personally and with the direct execution of the named participants, the group used the explosive substance and its detonation means, which they manufactured and delivered to the cities of Moscow and Volgodonsk, to attempt attacks on the lives of people in residential buildings and on adjacent territory.
English translation  ·  Page 9

Incident Report

On September 8, 1999, at approximately 24:00, Gochiyayev A.Sh., Batchayev Z.A., Saitakov D.F., Abaev Kh.M., and unidentified persons, acting as part of an organized group with the intent of killing the maximum number of people in the nearby multi-story residential buildings No. 19 and No. 17 on Guryanova St. in Moscow and adjacent territory, detonated a high-power improvised explosive device.

The device was located in a non-residential premise on the 1st floor of building No. 19 on Guryanova St., and the detonation was carried out using a delayed-action electric detonator with an electronic timer.

Casualties

As a result of the explosion, the following persons died while in a helpless state (in a state of sleep or sickly state) in building No. 19 on Guryanova St., due to impact from destroyed building structures, fragments of broken glass, fire and smoke, shock and sound waves, secondary projectiles (apartment furnishings where victims were located), and other traumatic factors:

  • Ovsyannikov Vyacheslav Borisovich (born 1954): Died from an incised-chopped wound to the abdomen with damage to the liver and large blood vessels (the aorta and the inferior vena cava).
  • Ovsyannikova Natalya Fyodorovna (born 1955): Died from combined blunt trauma to the head, torso, and limbs, accompanied by fractures of the bones of the vault and base of the skull with brain contusions, bones of the facial skeleton, the body of the sternum, ribs on the left and right along several anatomical lines with ruptures of the lungs, liver, fracture of the thoracic spine, pelvic bones, fracture of the bones forming the left wrist and ankle joints, leading to acute blood loss.
  • Mikhailin Sergey Ivanovich (born 1951): Died from combined body trauma accompanied by a closed non-penetrating traumatic brain injury with hemorrhage into the ventricles of the brain.
  • Mikhailina Tatyana Mikhailovna (born 1951): Died from carbon monoxide poisoning.
  • Mikhailina Zhanna Sergeevna (born 1975): Died from a closed fracture of the frontal bone with extension to the bones of the base of the skull and with brain contusions leading to its compression and dislocation.
  • Mikhailin Aleksandr Sergeevich (born 1983): Died from brain maceration during an open traumatic brain injury.
  • Ermolenko Vladimir Vladimirovich (born 1972): Died from shock and blood loss due to combined trauma (explosive trauma) - fractures of the bones of the vault.
English translation  ·  Page 10

Incident Report Summary

Injuries Sustained

  • Marchenko Ekaterina Pavlovna, born 1937: Partial damage to the ligamentous apparatus of the left ankle joint.
  • Styopkina Anastasia Borisovna, born 1984: An abrasion of the parietal region on the right.

Criminal Intent

  • The intent of Krymshamkhalov Yu.I. and other members of the organized criminal group to murder them was not carried out by them to completion.

Explosion Details

  • Date and Time: September 16, 1999, at approximately 6 a.m.
  • Target Area: Nearby multi-story residential buildings Nos. 31, 35, 35"a", 37 on Oktyabrskoye Shosse, Nos. 54, 58, 60 on Gagarin St., and other nearby houses and adjacent territory in the city of Volgodonsk, Rostov Region.
  • Perpetrators: Krymshamkhalov Yu.I., Dekkushev A.O., and Batchaev T.A., acting as part of an organized group.
  • Method: Using a delayed-action electric detonator with an electronic timer, they detonated a high-power improvised explosive device located in the van of a "GAZ-53" vehicle (state registration plate Ts 37-81 RP), parked at entrance No. 4 of building No. 35 on Oktyabrskoye Shosse.

Fatalities in Building No. 35 on Oktyabrskoye Shosse

The following individuals died due to various factors associated with the explosion (impact from destroyed structures, broken glass, fire/smoke, shock/sound waves, secondary projectiles, and other traumatic factors):

  • Fetisova Marina Anatolyevna, born 1975: Died from explosive trauma accompanied by closed blunt trauma to the chest and abdomen, resulting in multiple ruptures of the liver and spleen, hemorrhages into the lung tissue and into the suspensory apparatus of internal organs, multiple abrasions and contused wounds on the head, torso, and limbs, leading to massive blood loss and traumatic shock.
  • Mordovtsev Sergey Nikolaevich, born 1976: Died as a result of explosive trauma from massive blood loss caused by a lacerated wound of the neck with damage to the right carotid artery.
  • Skrylev Stanislav Nikolaevich, born 1969: Died as a result of explosive trauma accompanied by destruction of the skull bones and damage to the brain tissue.