DECREE

on the initiation of a criminal case.

September 20, 1999. Kislovodsk.

The Prosecutor of the city of Kislovodsk, Senior Counselor of Justice R.A. Adelkhanyan, having reviewed the material regarding the illegal acquisition, storage, and transportation of explosive substances on the territory of the city of Kislovodsk, -

HAS ESTABLISHED:

On September 20, 1999, the Kislovodsk city prosecutor's office received a report from the Kislovodsk city department of the Service for the Caucasian Mineral Waters (KMV) of the Directorate of the Federal Security Service (UFSB) of the Russian Federation for the Stavropol Krai (SK) stating that Yu.I. Krymshamkhalov, a resident of the village of Mirny, Predgorny District, in August 1999 illegally acquired, transported to the city of Kislovodsk to the territory of the CJSC "Realbaza khleboproduktov" and stored an explosive substance, which was subsequently transported to the ATP "Kursoveta" parking lot and sent to the city of Moscow in a "Mercedes" truck.
Based on the foregoing, taking into account the necessity of conducting investigative actions, and guided by Articles 108, 109, 112, 211 of the Criminal Procedure Code (UPK) of the RSFSR, -

HAS DECREED:

1. To initiate a criminal case based on the material for the elements of a crime provided for by Part 1 of Article 222 of the Criminal Code (UK) of the Russian Federation.
2. To transfer the criminal case for preliminary investigation to the senior investigator of the Kislovodsk city prosecutor's office, Junior Counselor of Justice E.Yu. Arefyev.

Prosecutor of the city of Kislovodsk
Senior Counselor of Justice R.A. Adelkhanyan

PROTOCOL of witness interrogation

Interrogation started: September 25, 1999 at 10:30 AM.
Finished: September 25, 1999 at 11:45 AM.

City of Kislovodsk.

Senior investigator of the Kislovodsk city prosecutor's office, Junior Counselor of Justice Arefyev E.Yu., in office No. 6 of the Kislovodsk city prosecutor's office, in compliance with the requirements of Articles 72-74, 157, 160 of the CCP of the RF, interrogated as a witness:

1. Last name, first name, patronymic – Lyubichev Stanislav Sergeevich
2. Year and place of birth – 1960, Stavropol Krai, Soviet District, village of Soldato-Aleksandrovskoye
3. Nationality, citizenship – Russian, citizen of the RF
4. Education – secondary technical
5. Occupation – state inspector of the road inspection for the GIBDD of the Kislovodsk GOVD
6. Permanent place of residence – Kislovodsk, Krasnoarmeyskaya St., house 10.
7. Marital status – married
8. Criminal record – no criminal record
9. Identity document - identity verified.

I have been warned about criminal liability under Article 307 of the Criminal Code of the RF for knowingly giving false testimony and under Article 308 of the Criminal Code of the RF for refusal or evasion of giving testimony.
[signature]

It has been explained to me that according to Articles 73-74 of the CCP of the RF, a witness is obliged to appear upon the summons of the investigator, may be interrogated about any circumstances subject to establishment in this criminal case, and is obliged to give truthful testimony; to report everything known about the case and answer the questions posed.

I understand that in accordance with Article 160 of the CCP of the RF, I have the right to write my testimony in my own hand, to familiarize myself with the protocol after the interrogation, and to demand its supplementation or the introduction of amendments into it, which are subject to mandatory inclusion in the protocol.

In accordance with Article 51 of the Constitution of the Russian Federation, I have been explained the right not to testify against myself, my spouse, or close relatives.
[signature]
Witness [signature]

According to Article 17 of the CCP of the RF, it has been explained to me that I may give testimony in my native language, as well as use the services of an interpreter.

I am fluent in the Russian language, do not require the services of an interpreter, and wish to give testimony in the Russian language.
Witness [signature]

Regarding the substance of the questions asked, I clarify the following: After the terrorist acts in Moscow and Volgodonsk, they began to provide us with descriptions and persons suspected of committing the specified crimes. We were given photographs, in particular of Krymshamkhalov. I know him by the nickname "Eska". Then I remembered that around the beginning of August 1999, in the middle of the day, I was driving along Fomenko Street in Kislovodsk from the direction of the bakery towards the exit. Coming towards me was a heavily loaded KAMAZ truck, on...

Passenger Manifest

• 11 Batchaev R. S. (passport 81 I 992421)
  • Flight 1219, departure 9.09.99
• 12 Saitakov Denis Farit. (passport 17 KB 547596)
  • Flight 1217, 2.09.99
• 13 Dekkushev Vladimir Borisovich (passport 13 GN 561482)
  • Flight 1219, departure 21.09.99
• 14 Laypanov Bilal Appashovich (passport 12 GN 564290)
  • Flight 1219, 21.09.99

Appendices

• Photocopies on 7 sheets (unclassified)

Operative of the 2nd direction of the service in KMV (Kavkazskie Mineralnye Vody) UFSB RF for SK (Stavropol Krai)

Lieutenant [Signature] D. V. Pervyshin
27.09.99

RESEARCH / EXAMINATIONS

1. EXTERNAL INSPECTION

(conducted by the commission of experts in full composition)

The objects of research, packed in a bag made of transparent polymer material, were delivered by courier. Upon opening the bag, the following was found in it.

• A bag made of transparent polymer material, tied with a thread made of white polymer material. The ends of the thread are fastened with a paper tag. On one side of the tag there is a seal impression: "Prosecutor of the city of Kislovodsk, Stavropol Krai FOR PACKAGES" and a handwritten inscription: "Dust and cobwebs from the inner part of the entrance door of the utility room of house No. 28 on Vysokogornaya St., Mirny settlement, seized on 02.10.99. Senior invest. ...", executed in black dye. On the other side of the tag there is a handwritten inscription: "Package No. 1 Attesting witnesses 1. ... 2. ... investigator specialists 1. ... 2. ...", executed in blue dye. Inside the bag were found:

  • A gray powdery substance, packed in a bag made of transparent polymer material.
  • A gray powdery substance, packed in a bag made of transparent polymer material.

• A bag made of transparent polymer material, tied with a thread made of white polymer material. The ends of the thread are fastened with a paper tag. On one side of the tag there is a seal impression: "Prosecutor of the city of Kislovodsk, Stavropol Krai FOR PACKAGES" and a handwritten inscription: "Dust and cobwebs from the inner part of the window of the utility room of house No. 28 on Vysokogornaya St., Mirny settlement, seized on 02.10.99. Senior investigator...", executed in black dye. On the other side of the tag there is a handwritten inscription: "Package No. 2 Attesting witnesses 1. ... 2. ... investigator specialist 1. ... 2. ...", executed in blue dye. Inside the bag was found:

  • A gray powdery substance and objects resembling household trash and dry plant stems.

• A bag made of transparent polymer material, tied with a thread made of white polymer material. The ends of the thread are fastened with a paper tag. On one side of the tag there is a seal impression: "Prosecutor of the city of Kislovodsk, Stavropol Krai FOR PACKAGES". On the other side of the tag there are the following handwritten inscriptions: "Dust and cobwebs from the wall opposite the entrance, seized on 02.10.99 in the utility room of house No. 28 on Vysokogornaya St., Mirny settlement ..." (executed in black dye) and "Package No. 3 Attesting witnesses 1. ... 2. ... investigator specialist 1. ... 2. ..." (executed in blue dye). Inside the bag was found:

  • A gray powdery substance and objects resembling household trash and red onion skins.

2. PHYSICO-CHEMICAL STUDIES OF EXPLOSIVE SUBSTANCES

(conducted by experts Bogdanov V.M. and Stovbur K.N.)

In order to detect trace amounts of high explosives (HE) and components of mixed explosives, the submitted objects were examined using the methods of optical microscopy, ion chromatography (IC), high-performance thin-layer chromatography (HPTLC), chromatography-mass spectrometry (GC-MS), and scanning electron microscopy with X-ray spectral microanalysis (SEM-EDX) in the following sequence.

Initially, to detect microparticles of components of mixed explosives and pyrotechnic compositions (fine powders of magnesium, aluminum, ammonium nitrate, etc.) and gunpowder particles, all objects were examined visually using a Leica MZ12 microscope (Germany) at various magnifications and lighting conditions.

As a result of the study on the objects listed in items 3.1, 4.1 – 4.6, 5.1 (here and hereafter – the items correspond to those given in the "External Examination" section), silver-gray particles with a characteristic metallic luster were found. These particles resemble metallic aluminum particles in appearance. Metallic aluminum can be a component of mixed explosives and pyrotechnic compositions.

To detect trace amounts of high explosives and components of mixed explosives from the presented objects, methanol swabs were taken. The swabs were filtered through "white ribbon" ashless paper filters and, after evaporation in a helium stream to a volume of 1 ml, were divided in half. One part, intended for study by HPTLC and GC-MS methods, was evaporated to a volume of 0.2 - 0.3 ml; the other, intended for analysis by the IC method, was dried until the solvent was completely removed and then filled with 1 ml of bidistilled water for each swab. The remaining paper filters were dried and preserved for further studies.

The HPTLC study was conducted using a set of chromatographic equipment from the "Camag" company (Switzerland) under the following conditions:
* "HPTLC Silica gel 60 F 254" plate from "Merck" (Germany);
* applied sample volume - 40 μl;
* eluent - benzene;
* eluent rise height from the start line - 50 mm;
* control samples - acetone solution of the most well-known high explosives (TNT, RDX, HMX, PETN, nitroglycerin, tetryl, and picric acid), chloromethylene extracts of various brands of smokeless powders.

Cation Separation and Analysis

To separate cations in the mixture under study, a BT IV KA column from Biotronik (Germany) was used, along with a 2x20 mm guard column filled with a grafted C18 phase with a particle size of 40 μm, and a BTS KG suppression column from Biotronik (Germany). Chromatography of the sample was carried out in isocratic mode with a buffer containing 0.002 M HNO₃. Eluent flow rate was 2 ml/min.

Detection of inorganic components was carried out by absorption in the UV region at a wavelength of 192 nm using a Star model 9050 photometric detector from Varian (USA) and a model 550 conductometric detector from Alltech (USA). Injection into the chromatograph was performed using a microsyringe and an injector with a 100 μl loop. Before injecting the test samples, a blank experiment was conducted to check the purity of solvents and glassware. For calibration, standard freshly prepared solutions of ions in water were used in the concentration range of 0.1-10 μg/ml.

As a result, it was established that ammonium ions and nitrate ions are present in the aqueous extracts of washings from all presented samples. Their content in the washings is at a level of about $10^{-2} - 10^{-4}$ g, which exceeds the natural background level (about $10^{-5} - 10^{-7}$ g). Thus, trace amounts of ammonium nitrate are present in the washings from all presented objects.

Particle Analysis

The study of particles with a characteristic metallic luster, found on the objects and present on the surfaces of dried paper filters, was carried out using the SEM-EDX method. During this, the shape and morphology of the particles were studied, and their qualitative elemental composition was determined.

Sample Preparation

Sample preparation for the studies was carried out as follows:

• Filters, samples of powdered substances, and polymer materials were placed in a test tube with alcohol and subjected to ultrasonic treatment to separate particles from the surface of the object and from each other.
• After this, the alcoholic suspension containing microparticles was applied to the surface of the electron microscope stage.
• After the suspension dried, the microparticles were present on the stage surface in the form of a monolayer.
• Particles were collected from the surface of adhesive tapes by wiping with a polymer filter and its subsequent dissolution according to a special procedure.

The studies were carried out on a JSM-840 scanning electron microscope from Jeol (Japan) with an ISIS X-ray spectral microprobe analyzer from Oxford Instruments (UK) according to standard methods. Accelerating voltage - 20 kV. Determined elements - from beryllium to uranium.

As a result, it was established that the silver-grey particles with a characteristic metallic luster found on the objects listed in points 3.1, 4.1 – 4.5, 5.1, are metallic aluminum in

8

...disposal of experts of materials for the specified cases, necessary for conducting comparative studies.

3. ADHESIVE TAPE STUDIES

(conducted by expert Bezrukov A.P.)

To answer the question of the decree, the expert examined pieces of colorless transparent adhesive tape (items 4.1, 4.2, 4.3, 4.6).
The answer to the question of the decree regarding the diagnostics and comparison of polymer film threads will be given in a separate expert conclusion.
Determination of the geometric characteristics (width and thickness) of the pieces was carried out using a ruler with a scale division of 1.0 mm and using an MK 0-25 micrometer with a scale division of 10 μm.
To determine the chemical composition of the materials, the method of molecular (IR spectral) analysis was used. Spectra were recorded on an IR-Fourier spectrometer model 1625 from the company "Perkin-Elmer" (USA) under standard equipment operating conditions. Preparation of samples for analysis was carried out according to standard methods for the study of adhesive tapes.
Upon visual inspection of the presented pieces of tape, it was established that the maximum width of their fragments with smooth parallel edges is 48 mm. The pieces of tape are significantly contaminated with silver-gray and brown substances, and are also deformed.
The studied pieces, cleaned of contaminants, are a colorless transparent adhesive tape consisting of a backing based on a polymer film material and a one-sided adhesive layer. The thickness of the backing is 30 μm.
When determining the chemical composition of this tape, it was shown that the base of its film backing is polypropylene, and the adhesive layer is a composition based on acrylic acid polyesters (acrylic resins).
The studied pieces of adhesive tape, in terms of structure, standard sizes (width and thickness of the backing), as well as chemical composition, correspond to adhesive tapes of foreign manufacture for packaging purposes. Tapes of this type can also be used for gluing various materials and products (paper, films, magnetic tapes, etc.).
It is not possible to conduct a comparative study of the discovered fragments of adhesive tapes with adhesive tapes found in Moscow at the addresses: ul. Borisovskie Prudy, d. 16, k. 2 and ul. Krasnodarskaya, d. 70, due to the lack of materials for the specified cases at the expert's disposal, which are necessary for conducting comparative studies.

BC-2

Copy No. 1

MILITARY UNIT 34435

FORENSIC LABORATORY

Expert Conclusion No. 4/199

Compiled on 15 February 2000, Moscow

We, employees of the forensic laboratory of military unit 34435, Bogdanov Vladimir Mikhailovich, Zhavoronok Olga Viktorovna, and Semin Valery Viktorovich, in connection with the assignment to perform an explosives forensic examination for criminal case No. 22073, have been warned by the head of the expert institution under Art. 307 of the Criminal Code of the Russian Federation regarding liability for providing a knowingly false conclusion and under Art. 310 of the Criminal Code of the Russian Federation regarding liability for disclosing preliminary investigation data.
In accordance with Art. 187 of the RSFSR Code of Criminal Procedure, the rights and duties of an expert, as provided for in Art. 82 of the RSFSR Code of Criminal Procedure, have been explained to us.

Experts [signature] 8.02.2000 V.V. Semin
[signature] 8.02.2000 V.M. Bogdanov
[signature] 8.02.2000 O.V. Zhavoronok

Experts of the forensic laboratory of military unit 34435, Bogdanov Vladimir Mikhailovich (higher technical education, specialty: metallurgical engineer, 15 years of expert work experience, position: leading expert), Zhavoronok Olga Viktorovna (higher technical education, specialty: chemical technologist, 4 years of expert work experience, position: senior expert), and Semin Valery Viktorovich (higher technical education, specialty: process engineer, 9 years of expert work experience, position: senior expert), based on the resolution dated October 20, 1999, by the senior investigator of the Kislovodsk Prosecutor's Office, Junior Counselor of Justice E.Yu. Arefev, conducted a forensic chemical examination from February 8 to February 15, 2000, based on the materials of criminal case No. 22073.
The following objects were placed at the disposal of the experts in accordance with the resolution:
* a sack and a robe, seized during a search in the courtyard of Yu. Krymshamkhalov's house.

The following question was posed for the experts' resolution.

GC-MS and HPTLC Analysis

GC-MS, the other part was dried until the solvent was completely removed and filled with distilled water in a volume of 0.5 ml for each swab for investigation by the IC method. The filters were dried and left for further research.

To detect trace amounts of high explosives, methanol swabs were examined using HPTLC and GC-MS methods.

HPTLC Study

The HPTLC study was carried out using a complex of chromatographic equipment from the Camag company (Switzerland) under the following conditions:

• "HPTLC Silica gel 60 F 254" plate from Merck (Germany);
• Volume of the applied sample - 40 μl;
• Eluent - benzene;
• Eluent rise height from the start line - 50 mm;
• Control sample - an acetone solution of the most well-known high explosives (TNT, hexogen, octogen, PETN, nitroglycerin, tetryl, and picric acid).

The presence of explosives was established by the correspondence of the relative mobility values of the substance spots on the chromatograms of the test and control solutions, as well as by the reaction to the effects of developing reagents: a solution of diphenylamine in an alcohol-acetone mixture followed by irradiation with UV light at a wavelength of 366 nm and a solution of ethylenediamine in acetone.

GC-MS Study

The GC-MS study was carried out on a GCQ spectrometer from Finnigan MAT (USA). Separation of substances was carried out in a helium flow at a speed of 50 cm/s on a DB-5MS column from J & W Scientific (USA) with a diameter of 0.25 mm, a stationary phase layer thickness of 0.25 μm, and a length of 10 m. The volume of the injected sample was 1 μl. Injector temperature - 200 °C. Splitless injector mode. Column temperature: isothermal 70 °C for 1 min, then programmed heating at a rate of 25 °C/min. Ion source temperature - 150 °C, interface - 250 °C.

Mass spectra of the separated substances were recorded in the chemical ionization mode with methane reagent gas in the negative ion mass range of 35-300 amu. Identification of explosives was carried out by comparing the retention times and mass spectra of the substances in the test samples and comparison samples.

Results

As a result of the conducted research, it was established:

• Trace amounts at the level of $10^{-6} - 10^{-7}$ g of cyclotrimethylenetrinitramine (hexogen) and 2,4,6-trinitrotoluene (TNT) - high explosives - were found in the swabs from the raincoat;
• Trace amounts at the level of $10^{-8} - 10^{-9}$ g of TNT were found in the swabs from the cloth bag.

Other high explosives (octogen, PETN, tetryl, trinitroglycerin, and picric acid) at the level of $10^{-9} - 10^{-11}$ g (detection limits for different substances by these analysis methods) were not found in the swabs.

As is known, TNT and hexogen are widely used for the manufacture of industrial mixed compositions, which may include ammonium nitrate (saltpeter) and aluminum in the form of powder or dust as components.

Analysis Report Excerpt

• The material of the microparticles is aluminum (impurities at a level of more than 0.4% by mass were not detected).
• In terms of chemical composition, appearance, morphological features, and geometric dimensions, the detected particles correspond to domestic aluminum powder (GOST 5494-95).
• Aluminum powder according to GOST 5494-95 is used as a pigment additive in the paint and varnish industry, for the production of aerated concrete at enterprises producing reinforced concrete building structures.
• Aluminum powder produced according to the specified GOST is not used in the industrial production of explosives and pyrotechnic compositions.
• All investigated swabs were evaporated to dryness and, together with the filters, were left for comparative studies.

CONCLUSION

• Trace amounts of hexogen and TNT - high explosives - were found in the swabs from the raincoat; trace amounts of TNT were found in the swabs from the cloth bag.
• Trace amounts of nitrate ions and ammonium ions, which could be part of ammonium nitrate, as well as particles of aluminum powder, were found on all specified objects.
• It is not possible to determine the source of origin of the nitrate ions and ammonium ions and unambiguously attribute them to explosive components for the reasons set forth in the research section.
• No fragments of explosive packaging were found on the objects.
• It is not possible to conduct comparative studies due to the lack of comparison materials and objects at the disposal of the experts.

Experts
[signature] V.V. Semin
[signature] V.M. Bogdanov
[signature] O.V. Zhavoronok

Upon completion of the research, the objects were packed in bags. The bags were sealed with a mastic seal with the inscription: "Military Unit 34435 For bags 15".

Experts
[signature] V.V. Semin
[signature] V.M. Bogdanov
[signature] O.V. Zhavoronok

Reg. No. 16/3/4/237

Seized Items and Questions for Experts

• Items and objects seized during the inspection on 29.09.1999 of the "Kamaz" vehicle, license plate "A 831 AM 09 rus", in one polyethylene bag.
• Items and objects seized during the search on October 4, 1999, at the place of residence of Yu. Krymshamkhalov — a cloth bag and a black robe.

The following question was put to the experts:

Are there particles of explosive substances on the objects submitted for examination; if so, which ones, and what is their concentration? Are they not identical in their composition to the explosive substances used in the bombings of residential buildings in the city of Moscow in September 1999, as well as those seized in non-residential premises at the addresses: Moscow, Borisovskie Prudy St., house 16, bldg. 2 and Moscow, Krasnodarskaya St., house 70?

EXAMINATIONS

1. External inspection

The objects arrived for examination in one cardboard box (from a "ViewSonic" monitor), sealed with strips of paper with seal impressions "Federal Security Service of the Russian Federation * Directorate for the Stavropol Krai * Service at KMV * For inquiries". The integrity of the packaging and seal impressions is not compromised. Upon opening the box, the following objects were found inside.

• A transparent polymer bag, the neck of which is tied with black threads with a tag attached to them with the inscription: "Bag found in garage h. 8......", a seal impression "Prosecutor of the city of Kislovodsk, Stavropol Krai * For bags" and the signature of investigator E.Yu. Arefev. The integrity of the packaging is not compromised. The bag contains:

  1. A brown cloth bag 800 mm long and 550 mm wide. The bag has numerous damages in the form of tears.

• A transparent polymer bag, the neck of which is tied with black threads with a tag attached to them with the inscription: "Black robe found in garage h. 8......", a seal impression "Prosecutor of the city of Kislovodsk, Stavropol Krai * For bags" and the signature of investigator E.Yu. Arefev. The integrity of the packaging is not compromised. The bag contains:

  1. A raincoat made of black material with a hood and patch side pockets.

• A transparent polymer bag, the neck of which is tied with white threads with a tag attached to them with the inscription: "Exh. to exp. concl. No. 2648 dated 30.09.99" and a seal impression "Expert-Criminalistic Department of the UVD SK * No. 51". The integrity of the packaging is not compromised. The bag contains five polymer bags with objects of examination and notes with explanatory inscriptions.

In the bag with a note inscribed: "Bag No. 3... " and a seal impression "Prosecutor of the city of Kislovodsk, Stavropol Krai * For bags", the following was found:
3. A loose crystalline substance of gray color with inclusions of household waste particles.

Findings from Swab Samples

• In the package labeled: "Packet No. 6 Swab taken on a gauze swab soaked in distilled water from the bottom inner part of the container, front right, of the 'KAMAZ' vehicle..." the following was found:
  • A gauze swab with layers of a gray substance.
• In the package labeled: "Packet No. 7 Swab taken on a gauze swab soaked in distilled water from the bottom inner left part of the container of the 'KAMAZ' vehicle..." the following was found:
  • A gauze swab with layers of a gray substance.
• In the package labeled: "Packet No. 8 Swab taken on a gauze swab soaked in distilled water from the bottom inner right part of the container of the 'KAMAZ' vehicle..." the following was found:
  • A gauze swab with layers of a gray substance.
• In the package labeled: "Control sample of a gauze swab" the following was found:
  • A gauze swab.

Physico-chemical studies of explosive substances

For the purpose of detecting explosive substances (VV) or their components, physico-chemical studies of the presented objects were conducted using methods of optical microscopy, high-performance thin-layer chromatography (HPTLC), ion chromatography (IC), gas chromatography-mass spectrometry (GC-MS), and scanning electron microscopy with X-ray spectral microanalysis (SEM-EDX) in the following sequence.

Initially, to detect microparticles of explosives, components of composite explosives (fine powders of aluminum, ammonium nitrate, etc.), and gunpowder particles, the objects were examined visually using a Leica MZ12 microscope (Germany) at various magnifications and lighting conditions.

As a result, no microparticles or particles of the above-mentioned substances were detected on the studied objects.

Next, methanol swabs were taken from the objects described in items 1-7 and 16 (here and hereafter, items of external inspection), and from the objects described in items 8-15, swabs were taken using the respective solvents (acetone and bidistilled water) indicated in the explanatory labels on the packages. The obtained swabs were filtered through ashless "white ribbon" filters. The methanol swabs were evaporated to a volume of 1 ml and then divided in half. One part, together with the acetone swabs concentrated to a volume of 0.2 - 0.3 ml, was studied using HPTLC and GC-MS methods; the other part was dried until the solvent was completely removed and then filled with 0.5 ml of bidistilled water for each swab for study by the IC method. The filters were dried and kept for further research.

To detect trace amounts of high explosives, the acetone and methanol swabs were studied using HPTLC and GC-MS methods.

The HPTLC study was conducted using a complex of chromatographic equipment from the company "Camag" (Switzerland) under the following conditions:

Analytical Methods and Results

Chromatography Details

• Cation Separation:
  • Column: BT IV KA column from Biotronik (Germany), pre-column (2x20 mm, grafted C18 phase, 40 μm particle size), and BT-S KG suppression column from Biotronik (Germany).
  • Mode: Isocratic.
  • Buffer: Containing 0.002 M HNO3.
  • Flow Rate: 2.0 ml/min.
• Sample Analysis (General):
  • Column: Resin (2x20 mm pre-column filled with a grafted C18 phase, 40 μm particle size) and a BTS AG suppression column from Biotronik (Germany).
  • Mode: Isocratic.
  • Buffer: Carbonate buffer containing 0.002 M Na2CO3 and 0.002 M NaHCO3.
  • Flow Rate: 2.0 ml/min.

Detection and Calibration

• Detection:
  • UV region at a wavelength of 192 nm using a Star model 9050 photometric detector from Varian (USA).
  • Conductometric detector (model 550) from Alltech (USA).
• Injection: Performed with a microsyringe and an injector with a 100 μl loop.
• Calibration: Standard freshly prepared solutions of anions and cations in water, in the concentration range of 0.1 - 10 μg/ml.

Findings on Ions in Swabs

• In swabs from objects where TNT and hexogen were detected, ammonium ions and nitrate ions were found in amounts ranging from $10^{-5}$ to $10^{-6}$ g (the largest amount was found in the substance described in item 5).
• Nitrate ions and ammonium ions are commonly present in trace amounts in swabs from contact points of any surface with a mixed explosive containing ammonium nitrate.
• Substances of organic and inorganic nature are widely used in daily life and the national economy, either containing these ions directly (e.g., ammonium nitrate fertilizers) or forming them during decomposition (e.g., aniline dyes, nitro-lacquers).
• It is not possible to unambiguously determine the source of origin of the detected ions based on the results of physicochemical studies.

Aluminum Particle Analysis

• Method: SEM-EDXS method was used on a JSM-840 scanning electron microscope from Jeol (Japan) with an ISIS microprobe analyzer from Oxford Instruments (UK).
• Conditions: Accelerating voltage of 20 kV.
• Detectable Range: Beryllium to uranium.
• Results: Deposits on the filters remaining after filtration of swabs from the surface of the cloak (item 2) and the cloth bag (item 1) contained many silver-colored microparticles in the form of flat flakes up to 100 μm in size.
• Material: The material of the microparticles was aluminum (no impurities above 0.4% by weight were detected).
• Conclusion: In terms of chemical composition, appearance, morphological features, and geometric dimensions, the detected microparticles correspond to domestic aluminum powder (GOST 5494-95).

PROTOCOL of additional witness interrogation

Interrogated: October 18, 1999, started at 11:15 min.
Finished: October 18, 1999, at 12:00 min.

City of Kislovodsk

Investigator of the Kislovodsk city prosecutor's office, Junior Counselor of Justice Arefyev E.Yu., in office No. 6 of the Kislovodsk city prosecutor's office, in compliance with the requirements of Articles 72-74, 157, 160 of the CCP RF, interrogated as a witness:

Surname, first name, patronymic — Kromina Anna Mikhailovna
Year and place of birth —
Nationality, citizenship —
Education —
Personal data in the file:
Occupation —
Permanent place of residence —
Marital status —
Criminal record —
Identity document — identity verified.

Warned about criminal liability under Art. 307 of the CC RF for giving knowingly false testimony and under Art. 308 of the CC RF for refusal or evasion of giving testimony.
[signature]

It has been explained to me that according to Art. 73-74 of the CCP RF, a witness is obliged to appear upon the summons of the investigator, may be interrogated about any circumstances to be established in this criminal case, and is obliged to give truthful testimony; to report everything known about the case and answer the questions posed.

I understand that in accordance with Art. 160 of the CCP RF, I have the right to write the testimony in my own hand, to familiarize myself with the protocol after the interrogation and to demand its supplementation, the making of corrections to it, which are subject to mandatory inclusion in the protocol.

In accordance with Art. 51 of the Constitution of the Russian Federation, I have been explained the right not to testify against myself, my spouse, and close relatives.
Witness [signature]

According to Art. 17 of the CCP RF, it has been explained to me [that I have the right] to give testimony in my native language, as well as to use the services of an interpreter.

I am proficient in the Russian language, I do not need the services of an interpreter, and I wish to give testimony in the Russian language.
Witness [signature]

Regarding the substance of the questions asked, I explain the following: Previously I was interrogated as a witness by an FSB investigator. At that time, I did not state everything that I know about the case. At the present time, I want to voluntarily and truthfully tell everything that I know. In LLC 'KMV-Telecom Mobile Communications Center' I have been working for a year as a manager. My duties include explaining to clients the procedure and conditions for providing mobile communications, as well as concluding contracts. According to the existing instructions, which came to us from the city of Stavropol, when concluding contracts with citizens for the provision of mobile communications, passports must be required from the clients. Re...

Statement

For each concluded contract from the firm, we, as dealers, receive 676 rubles. From this amount, we receive percentages in the form of salary. According to contract GK-21, the mobile phone subscriber received the number: 498-22-76.

In the period from August 6 to 10, 1999, there was one call from subscriber number 498-22-76 to our director's handset. The thing is that Dzhadtoev has two telephone handsets, one of which has caller ID and has the number 8-8652-22-229. It was this number that the subscriber who concluded the contract in the name of M.P. Melnikova called. This was in the evening; I was in the car with Dzhadtoev. After the call, Dzhadtoev picked up the handset, said 'Hello', after which he hung up, as this call seemed strange to him. He asked me whose number it was, and I, having looked at the displayed number, said that it was that person whom the director had greeted then in the office during the conclusion of the contract in Melnikova's name. The director remembered this instance and said that it was Achemez.

I also want to add that on the night of September 1 to 2, 1999, in Artur Dzhadtoev's car, a VAZ-21099, license plate A 866 AT-26, we traveled to Moscow, where we arrived on September 03. We lived in Moscow in a hotel on Podolskikh Kursantov St. From September 13 to 18, we lived in the hotel of OAO 'Lesprom', which is located at Varshavskoye Shosse, d. 145 'v', building 7. The purpose of our stay in Moscow was rest and the purchase of mobile phone handsets. In Moscow, we met with friends:
* Akhmat Abaev
* Adil
* Albert
* Lena and Artur

We did not meet with anyone else, including the aforementioned men who purchased mobile communication handsets from us.

Recorded correctly from my words.
Read by me personally.
There are no changes or remarks.

Interrogated by [signature] /Arefyev Ya.S./

FSB Investigation and Detentions

• FSB of Russia remand prison in Moscow, where he was charged in criminal case No. 103, investigated by the Investigation Department of the FSB of Russia regarding the acts of bombings in the city of Moscow in September 1999.
• In the period from March 27 to April 14, 2000, individuals involved in the aforementioned crimes were detained.
• During the investigation, evidence was obtained that the suspects intended to commit new terrorist acts on the territory of the Stavropol Krai and other regions of Russia.

Detentions and Custody

• On March 27, 2000, in accordance with Art. 122 of the RSFSR Code of Criminal Procedure, Frantsuzov T.K. and Bostanov M.I. were detained on suspicion of committing a crime provided for by Part 3 of Art. 33 and Part 3 of Art. 222 of the Criminal Code of the Russian Federation.
• On March 30, 2000, they were taken into custody in accordance with Art. 90 of the RSFSR Code of Criminal Procedure.
• On April 3, 2000, in accordance with Art. 90 of the RSFSR Code of Criminal Procedure, Bostanov Aslan Ruslanovich, also a suspect in the aforementioned crimes, was taken into custody.

Background and Activities

• It was established that Frantsuzov T.K. was in Moscow together with Gochiyayev A.Sh. in the summer of 1999 during the period of preparation for the apartment building bombings and provided him with direct assistance in committing terrorist acts.
• After the apartment building bombings in the cities of Moscow and Volgodonsk, in the first half of September 1999, Frantsuzov T.K. fled to Chechnya, where he underwent military training at militant bases—learning demolition work.
• Together with Gochiyayev A.Sh., Bostanov M.I., Bostanov A.R., and other members of illegal armed groups, Frantsuzov T.K. took part in combat operations against federal troops.
• These individuals met in Chechnya at militant camps with Dekkushev, Krymshamkhalov, and other members of the criminal group who are on the Federal wanted list.
• In February 2000, Gochiyayev A.Sh., Frantsuzov T.K., Bostanov M.I., and Bostanov A.R., on the instructions of the militant leadership, secretly left Chechnya and arrived in the KChR [Karachay-Cherkess Republic].
• As follows from the testimony of suspect Bostanov M.I., they arrived from Chechnya with the aim of committing terrorist acts.
• For this purpose, they brought with them about 20 kilograms of a powerful explosive substance — plastit [plastic explosive], which they hid in the village of Ordzhonikidzevskaya, Republic of Ingushetia.
• Gochiyayev A.Sh. had with him a large sum of money in US dollars, which was used to purchase weapons, vehicles, components necessary for the production of explosives, as well as technical means for preparing terrorist acts.
• From the testimony of suspect Bostanov M.I., it follows that they planned terrorist acts in the military hospital of the city of Rostov-on-Don, in the city of Nevinnomyssk, in airports, as well as in residential buildings.

Further Arrests and Charges

• At the request of the operational-investigative services of the FSB of Russia, on April 5, 2000, Frantsuzov T.K., Bostanov M.I., and Bostanov A.R. were transferred to the FSB of the Russian Federation SIZO [remand prison] in the city of Moscow, where they were charged under [details omitted in OCR].
• On April 4, 2000, another member of the criminal group, Bayramukov Muratbi Aygufovich, was arrested in accordance with Art. 90 of the RSFSR Code of Criminal Procedure and was also transferred to the FSB of Russia SIZO.
• On April 5, 2000, in accordance with Art. 90 of the RSFSR Code of Criminal Procedure, suspects in complicity in the crime were taken into custody: Kappushev Ali Anzaurovich, Karabashev Seit Umar Ilyasovich, Albakov Makhmut-Bashir Umarovich, Albakov Ismail Umarovich.
• On April 14, 2000, Albakov M.-B.U. was charged under Part 5 of Art. 33 and Part 3 of Art. 222 of the Criminal Code of the Russian Federation. He is accused of being a member of a criminal group that included Frantsuzov T.K., Bostanov M.I., Bostanov A.R., and others.

Appendix 18

APPROVED
Deputy Prosecutor of
Stavropol Krai

Senior Counselor of Justice
[signature] V.A. Lozhnikov
18.02.2003

RESOLUTION

on the severance of a criminal case

Kislovodsk 18.02.2003

Senior Investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, Jurist 2nd Class, V.V. Kalugin, having reviewed the materials of criminal case No. 36094,

HAS ESTABLISHED:

• Criminal case No. 36094 was initiated on 29.08.2002 against S.S. Lyubichev, Inspector for Road Safety Propaganda of the RDPS OGAI of the Kislovodsk OVD, on the grounds of a crime under Part 3 of Article 285 of the Criminal Code of the Russian Federation, based on materials severed from criminal case No. 103 regarding his use of official powers contrary to the interests of the service for mercenary motives, which led to grave consequences.
• During the investigation of the criminal case charging S.S. Lyubichev with committing crimes under Part 1 of Article 285 and Part 2 of Article 290 of the Criminal Code of the Russian Federation, the following was established:
  • In mid-August 1999, between 10:00 and 14:00, S.S. Lyubichev, being an official—a state inspector of road supervision of the GIBDD department of the Kislovodsk OVD, whose official duties in accordance with paragraphs 1 and 4 of Article 10 of the Law of the Russian Federation 'On the Militia' included the prevention and suppression of crimes and administrative offenses, as well as the detection and solution of crimes—committed illegal acts in favor of Yu.I. Krymshamkhalov. While in uniform, S.S. Lyubichev ensured the unimpeded passage through DPS Post No. 1 of the GIBDD department of the Kislovodsk OVD into the territory of the city of Kislovodsk, Stavropol Krai, of a 'Kamaz-53212' vehicle, state registration plate A 831 AM 09, which was in a technically faulty condition, lacking part of its windshield, and driven by R.Sh. Magayaev. At the same time, R.Sh. Magayaev did not have a driver's license or documents for the cargo being transported, thereby violating

Appendix 8

APPROVED
Deputy Prosecutor of
Stavropol Krai
State Counselor of
Justice, 2nd Class
[Signature] V.G. Chernov
29.08.2002
__ hours __ minutes

RESOLUTION

on the initiation of a criminal case and its acceptance for proceedings

Kislovodsk 29.08.2002
14:00

Senior investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, 2nd class lawyer Kalugin V.V., having reviewed the materials regarding the use by GIBDD officer of the Kislovodsk OVD Lyubichev S.S. of his official powers contrary to the interests of the service for mercenary motives, separated from criminal case No. 103, initiated upon the fact of the bombing of residential buildings in the city of Moscow on September 8 and 13, 1999,

HAS ESTABLISHED:

• In August 1999, Lyubichev S.S., being an official — a state inspector of road supervision of the OGIBDD of the Kislovodsk OVD, using his official powers contrary to the interests of the service, acting out of mercenary interest, ensured the unhindered passage into the territory of the city of Kislovodsk of a technically faulty "Kamaz" vehicle, the driver of which did not have accompanying documents for the transported cargo, which contained an improvised explosive substance disguised as bags of sugar, and personally escorted it to the warehouses of "Realbaza khleboproduktov," located on Zheleznodorozhnaya St. in the city of Kislovodsk, for which he received an illegal reward in the form of 1 bag of sugar.
• The actions of Lyubichev S.S. resulted in a significant violation of the rights and legitimate interests of citizens and the interests of society and the state protected by law, as well as grave consequences.
• As a result of the implementation of acts of terrorism using this explosive substance on September 8, 13, and 16, 1999, in the cities of Moscow and Volgodonsk, 244 people died, about 30 people were wounded, three [text cuts off]

[Stamp: Copy is correct: Investigator for Particularly Important Cases, Senior Lieutenant of Justice PAKETOV]

RESOLUTION

on the separation of criminal case materials into separate proceedings

City of Kislovodsk
August 7, 2002

Investigator (inquirer): Senior Investigator for Particularly Important Cases
(name of the preliminary investigation body)
of the Investigation Department of the FSB of Russia, Captain of Justice Ignatyev V.A.
(or inquiry, class rank or title, surname, initials of the investigator (inquirer))
having reviewed the materials of criminal case No. 103

ESTABLISHED:

Criminal case No. 103, initiated regarding the
(the grounds for separating the criminal case into separate proceedings are stated)
fact of the bombing of residential buildings in the city of Moscow on September 8 and 13, 1999, is under my investigation.
During the investigation, it was established that the explosion occurred as a result of the detonation of a homemade explosive substance manufactured on the basis of ammonium nitrate and aluminum powder. This explosive substance was manufactured by A.O. Dekkushev together with Yu.I. Krymshamkhalov, the Batchayev brothers T. and Z., D.F. Saitakov, and Kh. Abayev in the courtyard of Z. Karabasheva's house in the settlement of Mirny, Predgorny District, Stavropol Krai.
Brought in as the accused, A.O. Dekkushev testified that to carry out the specified acts of terrorism, he, together with the mentioned persons, manufactured a homemade explosive substance based on ammonium nitrate and aluminum powder with a total weight of about 12 tons. To transport the manufactured explosives to a temporary storage site at "Realbaza" in the city of Kislovodsk, they hired the driver of a "KAMAZ" vehicle, Magayev. At the same time, Magayev's "KAMAZ" was in a technically faulty condition (one of the windshields and a fender were missing). Considering that a GIBDD [traffic police] post is located at the entrance to the city of Kislovodsk, the lack of necessary documents for the transported cargo, as well as the technical condition of Magayev's "KAMAZ", there was a real danger of the manufactured explosives cargo being discovered by police officers. In this regard, a need arose for the unhindered passage of the "KAMAZ" with explosives from the settlement of Mirny through the GIBDD post to "Realbaza". For this purpose, Krymshamkhalov turned for help to his acquaintance, GIBDD officer S.S. Lyubichev, who promised to provide the necessary assistance.
In August 1999, Magayev transported explosives in his "KAMAZ" from the settlement of Mirny to "Realbaza", while Dekkushev and Krymshamkhalov accompanied him in a "Moskvich" car. At the GIBDD post at the entrance to the city of Kislovodsk, Lyubichev was waiting for the latter, and as the "KAMAZ" approached, he gave instructions to the [officer] located at

Appendix 13

PROTOCOL of interrogation of a suspect

City of Kislovodsk, August 30, 2002

Interrogation started at 10:40
Interrogation ended at 12:10

Senior Investigator of the second department of the Directorate for Investigation of Crimes of the Prosecutor's Office of Stavropol Krai, Jurist 2nd Class Kalugin V.V., in office No. 109 of the Prosecutor's Office of the city of Kislovodsk, in accordance with part two of Art. 46, Art. 189 and 190 of the Criminal Procedure Code of the Russian Federation, interrogated in criminal case No. 36094 as a suspect:

1. Surname, first name, patronymic: Lyubichev Stanislav Sergeevich
2. Date of birth: 28.11.1960
3. Place of birth: village of Soldato-Aleksandrovskoye, Sovetsky District, SK [Stavropol Krai]
4. Place of residence and (or) registration, telephone: Kislovodsk, Klara Zetkin St., 42, apt. 2, tel. 5-88-76
5. Citizenship: RF [Russian Federation]
6. Education: secondary technical
7. Marital status, family composition: married, two children
8. Place of work or study, telephone: inspector for road safety propaganda of the OGAI [Department of State Automobile Inspection] of the Kislovodsk GOVD [City Department of Internal Affairs], Senior Lieutenant of Police
9. Relation to military duty (where registered): Subject to military service
10. Criminal record (when and by which court convicted, under which article of the Criminal Code of the RF, type and amount of punishment, when released): no criminal record
11. Passport or other identity document of the suspect: official ID STV No. 015106, issued 08.07.1998.

[Signature]

[Stamp: Directorate for Investigation of Crimes of the Prosecutor's Office of Stavropol Krai. For investigative documents]

Suspect Information

Suspect Lyubichev S.S. has been informed that he is suspected of the following:

• In August 1999, while being an official, using his official powers contrary to the interests of the service, acting out of mercenary interest, he ensured the unhindered passage into the territory of the city of Kislovodsk of a 'Kamaz' vehicle that was in a technically faulty condition.
• The driver of this vehicle did not have accompanying documents for the transported cargo, which contained a homemade explosive substance disguised with bags of sugar.
• He personally escorted it to the warehouses of 'Realbaza khleboproduktov' [Realbase of Grain Products], located on Zheleznodorozhnaya St. in the city of Kislovodsk, for which he received an illegal reward in the form of 1 bag of sugar.

The actions of Lyubichev S.S. resulted in a significant violation of the rights and legitimate interests of citizens and the interests of society and the state protected by law, as well as grave consequences, since as a result of the implementation of acts of terrorism using this explosive substance on September 8, 13, and 16, 1999, in the cities of Moscow and Volgodonsk, 244 people died; about 30 people were wounded, three residential multi-story buildings were destroyed, and material damage amounted to more than 310 million rubles, that is, in the commission of a crime provided for by Part 3 of Art. 285 of the Criminal Code of the Russian Federation.

Suspect [signature]
(signature)

Statement Regarding Suspicion

Regarding the substance of the suspicion, I can state the following:

• In September 1999, when I worked in the position of state inspector of road supervision of the OGIBDD of the Kislovodsk GOVD, after the explosion of a residential building in the city of Volgodonsk, we received lookouts for persons wanted for the commission of terrorist acts in the cities of Moscow and Volgodonsk.
• Seeing photographs of Yusuf Krymshamkhalov, whom I had known previously, and two other persons, I remembered an incident that occurred in August 1999.
• In August 1999, I do not remember exactly which date, but on a working day, in the period from 2:00 PM to 3:00 PM, I was traveling in a car along Fomenko St. in the city of Kislovodsk in the direction of the exit from the city.
• I do not remember which car I was driving – either my personal VAZ-21213 license plate E 499 SN 26 region, or a patrol car.
• Having passed the intersection of Fomenko and Kalinin streets, at a distance of approximately 200 meters from the intersection, I saw a 'Kamaz' vehicle moving towards me.
• The vehicle attracted my attention because it was visible that it was loaded with something and was moving very slowly.
• I turned around and caught up with the 'Kamaz' vehicle.
• I caught up with the vehicle in the area of auto repair shops located in the private sector, to the left of the roadway (if traveling in the direction of the intersection of Kalinin and Fomenko streets from the side of the entrance to the city).
• The cabin of the 'Kamaz' vehicle was orange; I did not remember the registration plate of this vehicle.
• Only the driver was in the cabin of the vehicle. He got out of the cabin and walked in my direction.
• I can describe the driver as follows – of Caucasian nationality, appearing 39-40 years old, hair light-reddish, of thin build, short stature.
• I stopped my car on the shoulder of the road opposite the 'Kamaz', slightly behind it.
• I approached the driver of the 'Kamaz', introduced myself, and asked the driver to present documents for the vehicle and the transported cargo.
• I was [wearing...]

[stamp: ... FOR PACKAGES Investigative Department ...]

Interrogation Transcript Excerpts

• At the direction of the leadership, I wrote a report and reported it to the Kislovodsk department of the FSB, where I was later summoned and where I told everything I knew regarding my stopping of a "Kamaz" vehicle loaded with sugar.
• I had known Yusuf Krymshamkhalov for about 8-9 years before this incident, but I had no close relationship with him; we just greeted each other when we met.

Questions and Answers

Question: What were your official duties in August 1999?
Answer: In August 1999, I performed the duties of an inspector for road safety propaganda, although by order I held the position of state inspector for road supervision of the OGIBDD of the Kislovodsk OVD, since the OGIBDD of the Kislovodsk OVD did not have a staff position for a road safety propaganda inspector. My duties, in addition to monitoring road traffic, included the prevention and prophylaxis of child road traffic injuries.

Question: Did you receive an illegal reward from Krymshamkhalov in the form of a sack of sugar?
Answer: I did not receive any illegal reward from Krymshamkhalov after I checked the documents for the "Kamaz" vehicle and the cargo being transported; there was nothing to receive it for, as all the documents were in order.

Question: Where did your wife work in August 1999?
Answer: I do not remember whether my wife, Larisa Vladimirovna Lyubicheva, was working at that exact moment or not. For about the last 3 years, my wife has been working at the Kislovodsk central city market, selling vegetables grown by her parents, who live in the village of Soldato-Aleksandrovskoye, Sovetsky District, Stavropol Krai.

Question: Were you acquainted with Dekkushev A.O. before August 1999, were there any relations between you, did he know the composition of your family and the place of work of your wife Lyubicheva L.V.?
Answer: Before August 1999, I was not acquainted with Dekkushev and saw him for the first time. There are no relations between us, including hostile ones. I do not think that Dekkushev could have known the composition of my family and my wife's place of work. However, Krymshamkhalov could have told him about this.

Statement Documentation

Before the start, during, or at the end of the interrogation of the suspect, from the participating persons, suspect Lyubichev S.S. and defense attorney Goryunov A.K., statements [were not received]. Content of the statement_:
(received, not received)

[signatures]

[stamp: Directorate for the investigation of... For... investigation]

PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION

PROSECUTOR'S OFFICE of Stavropol Krai

355000, Stavropol,
9/1 Oktyabrskoy Revolyutsii Ave.

11.09.2002 No. 18/3-39-02

To No. _ From _

To the Head of the
Kislovodsk GOVD

Police Colonel

N.A. Zimin

I have under my investigation criminal case No. 36094, initiated on 29.08.2002 against the inspector for road safety propaganda of the OGAI [Department of State Automobile Inspection] of the Kislovodsk GOVD, Senior Police Lieutenant S.S. Lyubichev, on the grounds of a crime provided for by Part 3 of Art. 285 of the Criminal Code of the Russian Federation.

I request that you send, for inclusion in the criminal case materials, an extract from the order appointing S.S. Lyubichev to the position he held in August 1999.

Due to the fact that, according to a report from the head of the OGAI of the Kislovodsk GOVD, N.A. Ilyasov, the copy of Lyubichev's job description for August 1999 has been destroyed, I request that you provide a certified copy of the job description for OGAI employees who currently hold a position similar to the one Lyubichev held in August 1999.

Please send the above-mentioned documents to the address: Kislovodsk, 4a Krasnoarmeyskaya St., by 18.09.2002.

Senior Investigator of the Second Department
of the Crime Investigation Directorate
of the Krai Prosecutor's Office
2nd Class Jurist [signature] V.V. Kalugin

[Stamp: PROSECUTOR'S OFFICE OF STAVROPOL KRAI * FOR PACKAGES * Crime Investigation Directorate]

EXTRACT FROM THE ORDER OF THE HEAD OF THE KISLOVODSK GOVD

"19" December 1998, Kislovodsk, No. 44 l/s

Regarding personnel.

1. To appoint:

• Stanislav Sergeyevich Lyubichev, upon application, to the position of state inspector of road supervision of the GI BDD [State Inspectorate for Road Traffic Safety] department of the internal affairs department of Kislovodsk, under contract, for a term of five years, from December 19, 1998, with a salary of 250 rubles 42 kopeks.

The copy of the extract from the order of the Kislovodsk GOVD is correct

Senior Inspector of the Personnel and Educational Work Department of the Kislovodsk GOVD
Senior Lieutenant of Police [signature] V.A. Deynichenko

[Seal: KISLOVODSK CITY COUNCIL OF PEOPLE'S DEPUTIES OF THE KRAI * PERSONNEL DEPARTMENT * MVD RSFSR]

[Stamp: Copy is correct
Senior Investigator
[signature]
FOR PACKAGES
DEPARTMENT FOR THE INVESTIGATION...]

Traffic Management Responsibilities

[Stamp: Department for the Investigation of Especially Important Cases. True copy. Signature. Stamp: DEPARTMENT FOR PACKAGES]

Job Responsibilities

• Carries out the issuance of special permits for the transport of oversized and heavy cargo and the registration of transport routes for dangerous goods within the serviced territory. (Permits, approvals. Constantly)
• Reviews letters, applications, and other documentation on issues of traffic organization and road inspection. (Information. Constantly)

Job Rights

• Takes administrative measures for violations of rules, regulations, and standards in the field of road safety.
• Signs acts of working and state commissions for the acceptance into operation of roads of categories IV, V and departmental road structures located on them, and railway crossings.

Relationships and Communications

Interacts with:
* The city administration
* City road and communal departments
* Design organizations
* Representatives of the RTI (Transport Inspection)
* Stavropolgostranssignal

In the absence of the state inspector of road supervision L.A. Redchenko, his duties are performed by L.S. Solokhin.

Signatures and Approvals

Acquainted with the job description: [Signature] L.A. Redchenko

"AGREED"

Head of the OGIBDD of the Kislovodsk GOVD (City Department of Internal Affairs)
Police Major [Signature] N.A. Ilyasov

August 18, 2002.

[Stamp: Directorate of Internal Affairs of Stavropol Krai, Kislovodsk GOVD, For documents]

Other Participating Persons

• Lawyer of legal consultation No. 9 of the Moscow City Bar Association Tarasevich Natalya Ivanovna
• Specialist – senior investigator-criminologist of the SU FSB of Russia, Major of Justice Mazein Sergey Viktorovich

The participating persons are informed about the use of technical means: video recording with a "PANASONIC-DP-200" video camera on a "TDK HS-240" videotape, carried out by specialist Mazein S.V.

Witness Rights and Obligations

Before the start of the interrogation, the rights and obligations of a witness, provided for by part four of Art. 56 of the CCP RF, were explained to me:

1. To refuse to testify against oneself, one's spouse, and other close relatives, the circle of whom is defined by paragraph 4 of Art. 5 of the CCP RF. Upon agreeing to testify, I am warned that my testimony may be used as evidence in a criminal case, including in the event of my subsequent refusal of this testimony.
2. To testify in one's native language or a language one is proficient in.
3. To use the assistance of an interpreter free of charge.
4. To challenge the interpreter participating in the interrogation.
5. To file motions and lodge complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor, and court.
6. To appear for interrogation with a lawyer in accordance with part five of Art. 189 of the CCP RF.
7. To request the application of security measures provided for by part three of Art. 11 of the CCP RF.

I have been warned about criminal liability for refusal to testify under Art. 308 of the CC RF and for giving knowingly false testimony under Art. 307 of the CC RF.

Witness [signature]

The rights and obligations provided for by Art. 58 of the CCP RF have been explained to specialist Mazein S.V.

Specialist [signature]

[Stamp: Directorate for Investigation... Stavropol... For packages]

Interview Transcript

Questions and Answers

• Question: You explained that you were driving ahead of the "Kamaz" truck together with Krymshamkhalov. What car were you in?
  • Answer: We were driving in a green "Moskvich" car called "Knyaz Vladimir". The car was of Moscow assembly, it had a "Renault" engine. I do not remember the registration number of the car. This car was registered in the city of Kislovodsk to my wife.
• Question: Where is this car currently located?
  • Answer: I don't know.
• Question: What did Krymshamkhalov talk about with Lyubichev S.S. at the post when entering the city of Kislovodsk?
  • Answer: I did not hear what they were talking about, as I was separate.
• Question: Where was the "Kamaz" truck with the explosive substance at that moment?
  • Answer: It was 5 minutes behind, and arrived at the post about 5 minutes later.
• Question: After the conversation with Krymshamkhalov, what were Lyubichev's actions?
  • Answer: When the "Kamaz" was driving, Lyubichev told the police officer who was standing at the post to let the "Kamaz" through. I don't remember exactly, but in my opinion, besides Lyubichev, there were either one or two police officers at the post.
• Question: Can you describe the police officer who was at the GIBDD post at the entrance to the city of Kislovodsk, to whom Lyubichev S.S. told to let the "Kamaz" truck into the territory of the city of Kislovodsk?
  • Answer: No, I cannot describe this person, as I did not pay any attention to him at all.
• Question: In which car did Lyubichev accompany the explosive substance you were transporting and where exactly did he get into this car?
  • Answer: Lyubichev rode with me in the "Moskvich" car. He sat in the front passenger seat of the car at the GAI post.
• Question: Where was Krymshamkhalov?
  • Answer: At the post, he transferred to the "Kamaz" and drove in it.
• Question: Who was driving the "Kamaz" truck with the explosive substance?
  • Answer: Magayaev, I do not know his first name and patronymic.
• Question: Did Magayaev have documents for the "Kamaz" truck and the cargo being transported?
  • Answer: I do not know that.
• Question: What was the technical condition of the "Kamaz" truck?
  • Answer: I cannot say. I remember that the car looked poor. I do not know what its technical condition was.
• Question: Was Lyubichev S.S. aware that there was an explosive substance in the "Kamaz" truck he was accompanying?
  • Answer: No, he thought it was sugar.
• Question: You testified that Lyubichev received a bag of sugar as a reward for accompanying the "Kamaz" truck with the explosive [substance]...

No. 2

Questions and Answers

Question: What clothes was Lyubichev wearing at the time of escorting the 'Kamaz' with explosive material, did it have any special features?
Answer: Lyubichev was wearing the uniform of a police officer. I cannot say anything regarding the features of his uniform.

Question: Show exactly where Lyubichev S.S. got out of the 'Moskvich' car you were in with a bag of sugar and where he took it?
Answer: At Lyubichev's request, I drove him to the Central Market of the city of Kislovodsk. Lyubichev told me that his wife works at the market. We drove up to the entrance to the market located on the opposite side from the central entrance; I don't know exactly what this street is called. Lyubichev got out of the car and brought a loader with a cart, onto which he loaded the bag of sugar, after which he left with the loader.

Question: Can you describe this loader?
Answer: No, I cannot describe him.

Interrogation Protocol Notes

• At the end of the interrogation, witness Dekkushev A.O. was asked to personally prepare a diagram of the place where Lyubichev S.S. took the bag of sugar out of his car and, with the help of a loader, took it to the Kislovodsk Central Market. The diagram prepared by Dekkushev A.O. is attached to the interrogation protocol as an appendix.
• At 16:13, the video recording was suspended for the witness and his lawyer to familiarize themselves with the interrogation protocol and the video recording made.
• At 17:32, the video recording was resumed.

Question: Do you have any statements or comments regarding the interrogation protocol you have read, as well as the video recording of the investigative action you watched?
Answer: There are no statements or comments.

• At 17:33, the video recording was terminated due to the completion of the investigative action.
• A video cassette with a video recording of the investigative action is attached to the interrogation protocol of witness Dekkushev A.O.

Statements Received

Before the start, during, or at the end of the witness interrogation, from the participating persons: witness Dekkushev A.O., lawyer Tarasevich N.I., specialist Mazein S.V.
statements were not received.

Content of statements:
Witness (signature)

[Stamp: Directorate for the Investigation of... Investigative Committee... for PACKAGES]

Appendix 15 207

PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION

PROSECUTOR'S OFFICE
of Stavropol Krai
355000, Stavropol,
9/1 Oktyabrskoy Revolyutsii Ave.

10.12.2002 No. 18/3-39-02
To No. _ dated _

To the Head of the Investigative Department of the FSB of the RF
Lieutenant General Balashov S.D.

INSTRUCTION

on the performance of individual investigative actions

The Prosecutor's Office of Stavropol Krai is investigating criminal case No. 36094 on charges against Lyubichev S.S. for committing a crime provided for by Part 3 of Article 285 of the Criminal Code of the RF.

During the preliminary investigation, the following was established:

• In mid-August 1999, Lyubichev S.S., being an official — a state inspector of road supervision of the GIBDD [Traffic Police] department of the Kislovodsk OVD [Department of Internal Affairs], using his official powers contrary to the interests of the service, acting out of mercenary interest, in violation of paragraphs 1 and 4 of Article 10 of the Law of the RF "On the Militia," which requires militia officers to prevent and suppress crimes and administrative offenses, as well as to identify and solve crimes, ensured the unhindered passage through DPS [Road Patrol Service] post No. 1 of the GIBDD department of the Kislovodsk OVD into the territory of the city of Kislovodsk, Stavropol Krai, of a "Kamaz-53212" vehicle in a technically faulty condition, state registration plate A 831 AM 09, under the control of Magayaev R.Sh., who did not have a driver's license or documents for the transported cargo, which violated paragraph 2.1.1 of the Traffic Rules of the RF. In the back of the vehicle were bags with a mixed explosive substance made on the basis of hexogen.

N 12

209

Questions

• When was the transportation of explosives carried out?
• In what vehicle was the transportation carried out? Who drove this vehicle? What were the appearance and technical condition of the vehicle?
• Did the driver of the vehicle in which the explosives were transported have documents for the cargo being transported, as well as documents for the right to drive the vehicle?
• What were the circumstances of the vehicle with explosives passing through the DPS GIBDD [Traffic Police] post located at the entrance to the city of Kislovodsk?
• Did any of the police officers provide them with assistance in transporting explosives to the territory of the city of Kislovodsk? If so, who exactly?
• What specifically did the actions of the police officer consist of (ensuring unhindered passage through the GIBDD post, escorting from the GIBDD post to the warehouses of CJSC 'Realbaza khleboproduktov')?
• Did he arrange in advance with a police officer to ensure unhindered passage of the vehicle with explosives through the GIBDD post and escort to the warehouses of CJSC 'Realbaza khleboproduktov'? If so, when exactly and under what circumstances?
• Was the nature of the cargo being transported known to the police officer?
• Did he hand over a reward to the police officer? If so, what exactly and at what moment?
• In the commission of which acts of terrorism was the explosive substance they transported used?

Request

I request that the interrogation protocol of witness Krymshamkhalov Yu.I. be sent to the second department of the directorate for the investigation of crimes of the prosecutor's office of Stavropol Krai, located at: 357700, Kislovodsk, Krasnoarmeyskaya St., 4a, for senior investigator Kalugin V.V.

Deputy Prosecutor of the Krai
Senior Counselor of Justice [signature] V.A. Lozhnikov
[Stamp: Directorate for the Investigation of Crimes of the Prosecutor's Office of Stavropol Krai. FOR PACKAGES]

PROTOCOL of witness interrogation

Moscow "27" December 2002 (place of drafting)

Interrogation started at 11 h 00 min
Interrogation ended at 12 h 50 min

Investigator (inquirer) investigator for particularly important cases (name of the preliminary investigation body of the Investigative Department of the FSB of Russia, Captain of Justice Savitsky M.A., or inquiry, rank or title, surname, initials of the investigator (inquirer)) in the premises of office No. 325 of the Investigative Department of the FSB of the RF (specifically which) in accordance with Art. 189 and 190 (191) of the CCP of the RF, interrogated in criminal case No. 36094 as a witness:

1. Surname, first name, patronymic: Krymshamkhalov Yusuf Ibragimovich
2. Date of birth: November 16, 1966
3. Place of birth: Erken-Shakhar settlement, Adyge-Khabalsky district, Stavropol Krai
4. Place of residence and (or) registration: Mirny settlement, Predgorny district, Stavropol Krai, Burgustanskaya St., house 8 telephone
5. Citizenship: Russian Federation
6. Education: secondary
7. Marital status, family composition: married, wife — Dzharashtieva Anzhela Aslanovna, son — Krymshamkhalov Dinislan, 6 or 7 years old
8. Place of work or study: unemployed telephone --------
9. Relation to military duty: subject to military service, registered (where registered for military service) at the Kislovodsk GVK [City Military Commissariat]
10. Criminal record: according to his words, none (when and by which court convicted, under which article of the CC of the RF, type and amount of punishment, when released _)
11. Passport or other document identifying the accused: identity documents, according to his words, lost (burned)

[Stamp: Investigative Department of the FSB of Russia / FOR PACKAGES]
[Signature]

Transport of Explosive Substance

• The explosive substance was transported from the Mirny settlement to the "Realbaza" in Kislovodsk.
• The transport was carried out using a KAMAZ truck owned by Ruslan Magayev.
• The narrator and Dekkushev drove in the latter's green "Moskvich" while the cargo was being loaded and transported.
• The narrator made arrangements with a policeman at the GAI post to allow Ruslan's truck through the entrance to Kislovodsk.
• Upon arrival at "Realbaza," the KAMAZ was parked opposite the entrance gates.
• The narrator or Adam boarded up the front window of the truck's booth to prevent water damage before leaving.

Question: When was the transport of the explosive substance from the Mirny settlement to the "Realbaza" of Kislovodsk carried out?

[signature]

[Stamp: Directorate for the Investigation of Crimes... of Stavropol Krai. FOR PACKAGES]

Testimony Transcript

Questions and Answers

Question: Specifically, what did the actions of the police officer consist of in providing assistance in the transport of explosive material to "Realbaza" in the city of Kislovodsk?

Answer: He allowed an emergency vehicle with a cargo for which there were no documents to pass through the GIBDD post at the entrance to Kislovodsk.

Question: Did you arrange in advance with a police officer to ensure the unhindered passage of a vehicle with explosive material through the GIBDD post and escort to "Realbaza" in Kislovodsk; if so, when, where, and under what circumstances?

Answer: As I have already testified above, together with Adam Dekkushev in the latter's "Moskvich-Svyatogor," I arrived at the GIBDD post ahead of Magaev's KAMAZ truck. There, I arranged with one of the police officers standing at the post for him to let the emergency vehicle with the cargo through the post. I want to note that at that time I was well acquainted with practically all the GAI officers of Kislovodsk, and therefore the officer standing at the post was also known to me, but I do not remember exactly who it was at the moment. He agreed, and then Dekkushev and I went back a bit along the road and I got into Magaev's vehicle. When the latter's KAMAZ approached the post, the GIBDD officer saw me in the cabin and let the vehicle through. I do not remember if he escorted our vehicle to "Realbaza," but it is possible that happened.

Question: Why was it necessary for you to arrange the passage of the KAMAZ through the post in advance if, according to your words, you had many acquaintances in the Kislovodsk GAI and you could have resolved the issue of passage on the spot by arriving together with Magaev?

Answer: I did this so as not to fall under the operation of the Pyatigorsk GIBDD division. I have no acquaintances in that unit, and they work throughout the entire territory of Kavminvody and are known for their tough attitude. So, being acquainted with the Kislovodsk "GAI-men" would hardly have helped in an encounter with officers of the Pyatigorsk division.

[signature]
[stamp: ... FOR PACKETS]
True copy
Senior investigator [signature]

Question

List the employees of the Kislovodsk GIBDD [State Traffic Safety Inspectorate] known to you.

Answer

This is quite difficult to do, as I mostly know them only by name, and even then, I have forgotten many by now. I want to say that the employee who let me through the post is definitely not the head of the GIBDD Ilyasov, Captain Tkachenko, Anatoly Averyanov, or the senior warrant officer named Anatoly (describing him, one could say that he is a person with a very large figure).

Witness [signature]

Before the start, during, or upon completion of the witness interrogation, no statements were received from the participating persons. Content of statements: [dash]

Witness [signature]
Other participating persons: [signature]
The protocol was read by me [and] all those present
Comments on the protocol .. were not received

Witness [signature]
Other participating persons: [signature]
Investigator (inquirer) [signature]

[Stamp: Department for the Investigation of Especially Important Cases of the Prosecutor's Office of Stavropol Krai. For...]

Charges and Actions

• The text describes the illegal manufacturing, storage, and transport of a mass of at least 2688 kilograms in TNT equivalent of ammonium nitrate and aluminum powder, disguised as sugar.
• This was carried out by members of illegal armed formations Krymshamkhalov Yu.I. and Dekkushev A.O. from the village of Mirny, Predgorny District, to the city of Kislovodsk.
• Lyubichev S.S., while in a "Moskvich-Svyatogor" car driven by Dekkushev A.O., prevented the vehicle from being stopped by police officers while escorting it from DPS Post No. 1 of the Kislovodsk OVD GIBDD department to the warehouses of AOZT "Realbaza khleboproduktov," located at Kislovodsk, Zheleznodorozhnaya St., 20.
• By these actions, Lyubichev S.S. obstructed the timely detection of a crime provided for by Part 3 of Art. 222 of the Criminal Code of the Russian Federation, resulting in a significant violation of the state's interests.

Criminal Charges Against Lyubichev S.S.

• Article 285, Part 1 of the Criminal Code of the Russian Federation: Lyubichev S.S. committed this crime through intentional actions, based on the use of his official powers contrary to the interests of the service, when this act is committed for other personal interest and results in a significant violation of the state's interests protected by law.
• Article 290, Part 2 of the Criminal Code of the Russian Federation: Lyubichev S.S. committed this crime through intentional actions, with the qualifying attribute of receiving a bribe for illegal actions.

Specific Incident Details

• In mid-August 1999, between 10:00 and 14:00, Lyubichev S.S., acting as a state inspector of road supervision of the GIBDD department of the Kislovodsk OVD, engaged in illegal actions favoring Krymshamkhalov Yu.I.
• His official duties included the prevention and suppression of crimes and administrative offenses, as well as the detection and disclosure of crimes, according to paragraphs 1 and 4 of Art. 10 of the Law of the Russian Federation "On the Police."
• While in uniform, Lyubichev S.S. ensured the unhindered passage through DPS Post No. 1 of the Kislovodsk OVD GIBDD department into the territory of the city of Kislovodsk, Stavropol Krai, of a "Kamaz-53212" vehicle (state registration plate A 831 AM 09).
• This vehicle was in a technically faulty condition (missing part of the windshield) and was driven by Magayaev R.Sh., who lacked a driver's license or documents for the transported cargo, violating requirements 2.1.1 and 2.3.1 of the Traffic Rules of the Russian Federation.
• For these illegal actions in the area of AOZT "Realbaza khleboproduktov" (Kislovodsk, Zheleznodorozhnaya St., 20), Lyubichev S.S. personally received a bribe from Krymshamkhalov Yu.I. in the form of property: one bag of granulated sugar weighing 50 kg, valued at 420 rubles.

Conclusion

• Based on the foregoing and guided by Art. 171 and 172 of the Code of Criminal Procedure of the Russian Federation.

[signature]
[stamp: Directorate for Investigation... Stavropol Krai... FOR PACKAGES... investigator...]

Rights of the Accused

• 12) to familiarize oneself upon completion of the preliminary investigation with all materials of the criminal case and to extract any information from it in any volume;
• 13) to make copies of the criminal case materials at one's own expense, including with the help of technical means;
• 14) to file complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor, and court and to participate in their consideration by the court;
• 15) to object to the termination of the criminal case on the grounds provided for by part two of Art. 27 of the CCP RF;
• 16) to participate in the judicial trial of the criminal case in courts of the first, second, and supervisory instances, as well as in the court's consideration of the issue of choosing a preventive measure against me and in other cases provided for by part two of Art. 29 of the CCP RF;
• 17) to familiarize oneself with the minutes of the court session and submit comments on it;
• 18) to appeal the sentence, ruling, or order of the court and receive copies of the appealed decisions;
• 19) to receive copies of complaints and submissions filed in the criminal case and submit objections to these complaints and submissions;
• 20) to participate in the consideration of issues related to the execution of the sentence;
• 21) to defend oneself by other means and methods not prohibited by the CCP RF.

Accused [signature]
Defense Counsel [signature]

Announced the resolution, explained the rights, handed a copy of this resolution to the accused and his defense counsel on " 18 " 02 2003.

Senior Investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, 2nd class lawyer [signature] V.V. Kalugin

A copy of this resolution was sent to the Prosecutor of Stavropol Krai on " 18 " 02 2003.

Senior Investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, 2nd class lawyer [signature] V.V. Kalugin

[Stamp: PROSECUTOR'S OFFICE OF STAVROPOL KRAI FOR PACKAGES Investigative Directorate]