Rights of the Victim

• To get acquainted upon completion of the preliminary investigation with all the materials of the criminal case, to write out any information from it and in any volume, to make copies of the criminal case materials at one's own expense, including with the help of technical means.
• To make copies of the criminal case materials at one's own expense, including with the help of technical means.
• To file motions to involve (summon) as witnesses and specialists persons who possess information relevant to the criminal case.
• To request the application of security measures in accordance with part nine of Article 166 of the CPC RF.
• To get acquainted with the minutes of the court session and submit comments on it.
• To appeal the sentence, ruling, order of the court.
• To know about the complaints and representations filed in the criminal case and submit objections to them.
• To participate in the court trial of the criminal case in courts of the first, second and supervisory instances, to object to the termination of the criminal case on the grounds provided for by part two of Article 20 of the CPC RF.
• To protect one's rights and legitimate interests by other means not prohibited by the CPC RF.
• To protect one's rights and legitimate interests by other means not prohibited by the CPC RF.

Victim: (signature)
Legal representative: (signature)

The rights of the victim, provided for by Art. 42 of the CPC RF, have been explained to me and are understood.
"09" September 2003

Investigator for particularly important cases
of the Directorate for the investigation of particularly important cases
of the General Prosecutor's Office of the Russian Federation
Lawyer of the 1st class (signature) V.N. Kolesnikov

DECIDED:

To charge Stanislav Sergeevich Lyubichev, born on November 28, 1960, a native of the village of Soldato-Aleksandrovskoye, Sovetsky District, Stavropol Krai, as an accused in this criminal case, by bringing charges against him for committing crimes provided for by Part 1 of Art. 285, Part 2 of Art. 290 of the Criminal Code of the Russian Federation, and to notify him of this.

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

This resolution was announced to me on February "18", 2003
at 15:00, its text was read by me personally
(read personally or aloud by the investigator)

The essence of the charges brought has been explained. At the same time, the rights provided for by part four of Art. 47 of the Code of Criminal Procedure of the Russian Federation were explained to me, namely:

• to know what I am accused of;
• to receive a copy of the resolution to charge me as an accused, a copy of the resolution on the application of a preventive measure against me, a copy of the indictment or the bill of indictment;
• to object to the charges, to give testimony on the charges brought against me or to refuse to give testimony;
• to present evidence;
• to file motions and challenges;
• to give testimony and explain myself in my native language or in a language I speak;
• to use the assistance of an interpreter free of charge;
• to use the assistance of a defense counsel, including free of charge in cases provided for by the Code of Criminal Procedure of the Russian Federation;
• to have meetings with a defense counsel in private and confidentially, including before the first interrogation, without limitation on their number and duration;
• to participate, with the permission of the investigator, in investigative actions carried out at my request or at the request of my defense counsel or legal representative, to familiarize myself with the protocols of these actions and submit comments on them;
• to familiarize myself with the resolution on the appointment of a forensic examination, to put questions to the expert and to familiarize myself with the expert's conclusion;

[signature]
True copy
For packages
[signature]

Appendix 42

DECREE

on bringing as an accused

Kislovodsk, February 18, 2003

Senior investigator of the second department of the crime investigation directorate of the Stavropol Krai Prosecutor's Office, 2nd class lawyer Kalugin V.B., having examined the materials of criminal case No. 36094,

ESTABLISHED:

• Lyubichev S.S., a state inspector of road supervision of the traffic police department of the Kislovodsk Internal Affairs Department, maintained friendly relations with Yusuf Krymshamkhalov for a long time.
• In mid-August 1999, Yusuf Krymshamkhalov, using his friendly relations with Lyubichev S.S., approached the latter with a request to ensure the unhindered passage through DPS post No. 1 of the traffic police department of the Kislovodsk Internal Affairs Department to the territory of AOZT "Realbaza khleboproduktov", located at: Kislovodsk, Zheleznodorozhnaya St., 20, of a technically faulty "Kamaz-53212" vehicle with a cargo of sugar, driven by Magayaev R.Sh., who did not have documents for the transported cargo.
• In mid-August 1999, between 10:00 and 14:00, Lyubichev S.S., being an official — a state inspector of road supervision of the traffic police department of the Kislovodsk Internal Affairs Department, using his official powers contrary to the interests of the service, acting out of personal interest due to his friendly relations with Yusuf Krymshamkhalov, in violation of paragraphs 1 and 4 of Article 10 of the Law of the Russian Federation "On the Police", which requires police officers to prevent and suppress crimes and administrative offenses, as well as to identify and solve crimes, while in uniform at DPS post No. 1 of the traffic police department of the Kislovodsk Internal Affairs Department, where he knew the officers of the Kislovodsk Internal Affairs Department traffic police on duty, ensured the unhindered passage into the territory of the city of Kislovodsk, Stavropol Krai, of a technically faulty "Kamaz-53212" vehicle, state registration plate A 831 AM 09, missing part of its windshield, driven by Magayaev R.Sh., who did not have a driver's license or documents for the transported cargo, which violated the requirements of paragraphs 2.1.1, 2.3.1 of the Traffic Rules of the Russian Federation, which oblige the driver to have and, at the request of police officers, hand over their driver's license and documents for the transported cargo, and also prohibit the operation of a vehicle without glass.
• In the back of the specified vehicle were bags with a mixed explosive substance made on the basis of hexogen, TNT, and aluminum powder.

Account Details

Another purpose of Dekkushev and I driving up to the GIBDD post in advance was to find out whether the officers of the specified division were working in Kislovodsk that day.

Questions and Answers

Question: Was the police officer who allowed the vehicle with the explosive substance through the GIBDD post aware of the nature of the cargo being transported?

Answer: No, he was told that we were transporting sugar; he did not check the cargo itself.

Question: What reward did the police officer receive for the assistance provided in ensuring the unhindered passage of the vehicle with the explosive substance through the GIBDD post and the escort to the "Realbaza" in the city of Kislovodsk?

Answer: I cannot claim that he was promised any reward in advance for letting the car through the post. As I recall, the question of giving him a bag of sugar was decided upon arrival at "Realbaza". I suggested to Dekkushev that we thank the man for his help and said that maybe someday we would have to turn to him for help for some reason. He agreed, and then we took one of the bags from the warehouse (real sugar was stored there, purchased in the village of Erken-Shakhar and intended for masking the explosive substance we were transporting). We loaded this bag of sugar into a "Moskvich" and Dekkushev took it to the police officer. Here I want to note that, apparently, this officer did travel with us to "Realbaza", as he seems to have left from there together with Dekkushev to go to his home.

Question: In the commission of which acts of terrorism was the explosive substance you transported used?

Answer: All the explosive substance transported by us to "Realbaza" was forwarded by Achemez Gochiyayev to Moscow, and there, by means of it, two residential buildings were blown up (Dekkushev and Timur Batchaev took the explosive substance to Volgodonsk directly from the village of Mirny).

Transportation of Explosive Substance

Question

Who drove the KAMAZ truck in which the explosive substance was transported from the village of Mirny to the "Realbaza" in Kislovodsk, and what was the technical condition of this vehicle?

Answer

We transported the explosive substance from the house of Zukhra Karabashova in the village of Mirny to the "Realbaza" in Kislovodsk in a KAMAZ truck belonging to my fellow villager Ruslan Magayaev. I did not remember its state registration number because I did not pay attention to it. Shortly before the described events, Ruslan had an accident in it (while transporting timber, he was driving downhill, his brakes failed and he crashed into a fence) and the truck's cabin was damaged, and one or two windshields were missing. However, despite these damages, it was "running". During the transportation of the explosive substance, Ruslan Magayaev drove the truck, and I got into the cabin with him shortly before the GIBDD (traffic police) post at the entrance to Kislovodsk and rode all the way to the "Realbaza".

Question

Did the driver of the vehicle in which the explosive substance was transported have documents for the cargo being transported, as well as documents for the right to drive the vehicle?

Answer

He only had documents for the truck and a driver's license; we did not give him any documents for the cargo, as we did not have them ourselves.

Question

Did any of the police officers assist you in transporting the explosive substance to the territory of the "Realbaza" in Kislovodsk?

Answer

Yes, one of the GIBDD officers assisted us in transporting the explosive substance to the territory of the "Realbaza" in Kislovodsk.

Other data on the identity of the accused

He is an accused in criminal case No. 103 (Part 3 of Art. 205 and Part 3 of Art. 222 of the Criminal Code of the Russian Federation), held in the FSB of Russia Pre-trial Detention Center.

Witness (signature)

Other participating persons

• Lawyer of Legal Consultation No. 9 of the Moscow City Bar Association Arifulov Sh.N. (procedural status, surname, initials)

Participating persons have been notified of the use of technical means (which ones exactly, by whom exactly).

Rights and Duties of a Witness

Before the start of the interrogation, the rights and duties of a witness, provided for by part four of Art. 56 of the Criminal Procedure Code of the Russian Federation, were explained to me:

1. To refuse to testify against oneself, one's spouse and other close relatives, the circle of which is defined by paragraph 4 of Art. 5 of the Criminal Procedure Code of the Russian Federation. If I agree to testify, I am warned that my testimony can 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 fluent 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 Criminal Procedure Code of the Russian Federation.
7. To request the application of security measures provided for by part three of Art. 11 of the Criminal Procedure Code of the Russian Federation.

I have been warned about criminal liability for refusing to testify under Art. 308 of the Criminal Code of the Russian Federation and for giving knowingly false testimony under Art. 307 of the Criminal Code of the Russian Federation.

Witness (signature)

On the merits of the criminal case

I can state the following: after manufacturing in the yard of Zukhra Karabasheva in the settlement of Mirny, Predgorny district, part of a mixture of 'silver' paint and another component unknown to me (later I learned that the mixture prepared by us was for...

FEDERAL SECURITY SERVICE OF THE RUSSIAN FEDERATION

INVESTIGATIVE DIRECTORATE

December 27, 2002 No. 6/3-3995
Moscow

To the Senior Investigator of the 2nd Department of the Directorate for Investigation of Crimes of the Prosecutor's Office of the Stavropol Territory, V.V. Kalugin
357700, Kislovodsk, 4a Krasnoarmeyskaya St.

Ref. No. 18/3-39-02 dated December 10, 2002

I am sending you the materials of the completed separate assignment for criminal case No. 36094.

Attachment: protocol of interrogation of witness Yusuf Krymshamkhalov dated December 27, 2002, on 7 pages.

Investigator for particularly important cases of the Investigative Directorate of the FSB of Russia, Captain of Justice
(signature)
M.A. Savitsky

Stamps and notes:

• Stamp (bottom left): Directorate for Investigation of Crimes of the Prosecutor's Office of the Stavropol Territory. True copy. Senior Investigator PAKECHOV (signature)
• Stamp (bottom right): Prosecutor's Office of the Stavropol Territory. January 04, 2003. Incoming No. 1

Page 2

...of TNT, ammonium nitrate, and aluminum powder, disguised as sugar, with a mass of at least 2,688 kg in TNT equivalent, which was transported by members of illegal armed groups Yusuf Krymshamkhalov and Adam Dekkushev from the village of Mirny, Predgorny District, to the city of Kislovodsk for subsequent transport to the cities of Moscow and Volgodonsk and the execution of acts of terrorism. S.S. Lyubichev accompanied the specified vehicle, being in a "Moskvich-Svyatogor" car driven by Adam Dekkushev, to the warehouses of CJSC "Realbaza Khleboproduktov," located at: Kislovodsk, 20 Zheleznodorozhnaya St., for which he received from Yusuf Krymshamkhalov an illegal reward in the form of one 50 kg bag of granulated sugar, worth 420 rubles. As a result of the acts of terrorism using this explosive on September 8, 13, and 16, 1999, in the cities of Moscow and Volgodonsk, 228 people died, 1,159 citizens suffered property, moral, and physical damage, and the total material damage amounted to 828,865,371 rubles.

In the criminal case, it is necessary to interrogate as a witness Yusuf Ibragimovich Krymshamkhalov, accused in criminal case No. 103, which is being handled by the Investigative Department of the FSB of the Russian Federation, and who is being held in custody in the FSB investigative isolation ward in the city of Moscow.

Based on the above and guided by paragraph 11 of part two of Article 37 of the Criminal Procedure Code of the Russian Federation,

I REQUEST

To instruct an employee of the Investigative Department of the FSB of the Russian Federation subordinate to you to interrogate Yusuf Ibragimovich Krymshamkhalov as a witness regarding the circumstances of his transportation, together with Adam Dekkushev and R.Sh. Magayaev, of explosive material (EM) from household No. 28 on Vysokogornaya St. in the village of Mirny, Predgorny District, Stavropol Krai, to the territory of CJSC "Realbaza Khleboproduktov," located at: Stavropol Krai, Kislovodsk, 20 Zheleznodorozhnaya St., obtaining answers from him to the following questions:

[Stamp: FSB Directorate for Stavropol Krai FOR PACKETS]
True copy
investigator [signature]

N 82

Other participating persons:

• (signature)
• (signature)

The protocol was read personally (personally or aloud by the investigator)

Comments on the protocol:

• no comments (content of comments or indication of their absence)

Witness

• (signature)

Other participating persons:

• (signature)
• (signature)

Senior investigator

• (signature)

[Stamp: Department for the investigation of crimes in the sphere of economy and against state power of the Investigative Department at the Internal Affairs Directorate of the city of Stavropol. No. 2. FOR PACKAGES. Senior investigator Kamynin]

Interrogation Transcript

Questions and Answers

• Question: [explosive] substance from the traffic police post to 'Realbase' in Kislovodsk. When was it decided to pay for Lyubichev's 'services', who made such a decision and when exactly?

  • Answer: I don't know in what capacity Yoska gave Lyubichev a bag of sugar. I know of their good relations in the city of Kislovodsk, and I cannot say whether he gave him the bag of sugar just like that, or for the escort.

• Question: Show at what point Yusuf Krymshamkhalov handed over the bag of sugar to Lyubichev and in what manner?

  • Answer: He was driving ahead of us. Approximately 50-100 meters before 'Realbase', the 'Kamaz' stopped and Yusuf Krymshamkhalov took a bag of sugar out of the 'Kamaz', which he put in the trunk of my car as a sign of gratitude to Lyubichev for helping us transport [the cargo]. I don't remember now whether Yusuf Krymshamkhalov said anything to Lyubichev at that time or not.

• Question: What was the bag of sugar handed over by Yusuf Krymshamkhalov to Lyubichev for escorting the 'Kamaz' with explosive material?

  • Answer: It was a factory-made 50-kilogram bag.

• Question: Where did Yusuf Krymshamkhalov get this bag of sugar?

  • Answer: He took it out of the back of the 'Kamaz'. There were about 5-6 bags of sugar there.

• Question: In the commission of which acts of terrorism was the explosive material used, in the unhindered transport of which to the territory of the city of Kislovodsk Lyubichev S.S. assisted you?

  • Answer: This explosive was used in the bombings in the cities of Moscow and Volgodonsk.

• Question: When were these bombings carried out?

  • Answer: In September 1999.

• Question: Were you previously acquainted with Lyubichev S.S.? Did you have any relationship?

  • Answer: Previously, I did not know Lyubichev personally. I saw him in the city of Kislovodsk when I previously traveled with Yoska. He often talked to him. There was absolutely no relationship between us.

• Question: Did Yusuf Krymshamkhalov tell you anything about the fact that he had pre-arranged with the police officer — Lyubichev S.S. for the escort of the cargo of explosive material?

  • Answer: I cannot say for sure, as I do not remember Yusuf Krymshamkhalov saying anything to me about it.

• Question: Where is your 'Moskvich' car currently located, in which Lyubichev, together with you, escorted the 'Kamaz' vehicle with the explosive material?

  • Answer: On September 16, 1999, I arrived in Chechnya and gave the car to Abu-Umar, as the car did not belong to me. I do not know where the 'Moskvich' car is currently located.

Regarding the merits of the criminal case

• Question: Do you have any objection to the use of video recording during your interrogation?
  • Answer: No, I do not object.
• Question: Describe in detail the circumstances of the transportation of the explosive substance manufactured by you from the village of Mirny to the city of Kislovodsk to the "Realbaza" warehouses in August 1999?
  • Answer: Together with Yoska (Yusuf Krymshamkhalov), we were driving ahead of the "Kamaz". Approaching the GAI post at the entrance to the city of Kislovodsk, I stopped the car. At the GAI post, Yoska talked to the policeman Lyubichev. When the "Kamaz" was passing the post, Lyubichev told another policeman to let the "Kamaz" vehicle pass and not to stop it. At that moment, the "Kamaz" passed through the GAI post and stopped behind the post. Yoska got into the "Kamaz" truck, and Lyubichev got into my car, and I followed the "Kamaz". Then we arrived at "Realbaza". The "Kamaz" stopped before reaching "Realbaza". Yoska took a sack of sugar out of the "Kamaz" and put it in the trunk of my car. Then Yoska got into the "Kamaz" and drove onto the territory of "Realbaza". At Lyubichev's request, I took him in a "Moskvich" car to the Central Market of the city of Kislovodsk. Lyubichev carried the sack of sugar to the market and returned after some time. Upon returning, Lyubichev asked me to take him to work. I drove Lyubichev to the GAI building.
• Question: What was in the back of the "Kamaz" truck that entered the territory of the city of Kislovodsk and was escorted by S.S. Lyubichev to "Realbaza"?
  • Answer: There were explosives there, packaged as sugar.
• Question: Describe the "Kamaz" truck on which the explosive substance was transported?
  • Answer: I cannot describe the "Kamaz" truck, but it looked poor.
• Question: What does it mean that the vehicle had a "poor" look?
  • Answer: I can't say exactly now, but it needed painting and repair. Outwardly, it looked "not good".
• Question: From where was the explosive substance transported to the "Realbaza" of the city of Kislovodsk?
  • Answer: From the village of Mirny.
• Question: Where and from what was the explosive substance manufactured?
  • Answer: It was manufactured in the village of Mirny, from where we were transporting it. The explosives were made from saltpeter and aluminum powder.
• Question: When exactly was the transportation of the explosive substance carried out from the village of Mirny, where it was manufactured, to the "Realbaza" of the city of Kislovodsk?
  • Answer: I cannot name the exact date, but it was in mid-August 1999. At that time, elections were taking place, and there was a danger that they would be checking.

Appendix 26

PROTOCOL of witness interrogation

City of Moscow, October 15, 2002

Interrogation started at 15:05
Interrogation ended at 17:33

Senior investigator of the second department of the crime investigation directorate of the Stavropol Territory Prosecutor's Office, lawyer of the 2nd class Kalugin V.V., in room No. 325 of the Investigation Directorate of the FSB of Russia, in accordance with Articles 189 and 190 of the Criminal Procedure Code of the Russian Federation, interrogated in criminal case No. 36094 as a witness:

• Surname, first name, patronymic: Adam Osmanovich Dekkushev
• Date of birth: 03.02.1962
• Place of birth: Karachaevsk, KCHAO SK
• Place of residence and (or) registration, phone: Karachaevsk, Lenin St., 75 tel. 4-35-54
• Citizenship: RF
• Education: full secondary
• Marital status, family composition: married; wife Tekueva Zemfira Magomedovna, sons – Murad and Ibragim
• Place of work or study, phone: does not work
• Relation to military duty (where registered for military service): liable for military service, Karachaevsk military commissariat
• Criminal record (when and by which court convicted, under which article of the Criminal Code of the Russian Federation, type and amount of punishment, when released): no criminal record
• Passport or other document identifying the witness: identity verified. Held in custody in the pre-trial detention center of the FSB of Russia in the city of Moscow
• Other data about the witness's identity: none

Witness (signature)

[Stamp: Directorate for Investigation of Crimes of the Stavropol Territory Prosecutor's Office. For packages.]

APPROVED

Head of the GIBDD Department of the UVD of Stavropol
Police Lieutenant Colonel
[signature]
V.I. [illegible]

Duties

• 2: Studies traffic conditions on local, departmental roads, and the street network of settlements. Prepares proposals aimed at improving traffic for the city's executive bodies, road-communal, railway, and other organizations.
  • Information, representations
  • Constantly
• 3: Reviews and prepares conclusions on project materials for the construction, reconstruction, and repair of road sections of categories IV and V, streets in settlements, and road structures located on them.
  • Conclusions on projects.
  • Constantly, no later than 15 days from the date of receipt
• 4: Participates in working and state commissions for the acceptance into operation of constructed, reconstructed, and repaired sections of roads of categories IV and V, as well as departmental roads.
  • Instructions, representations, control and observation files.
  • Constantly
• 5: Participates in annual comprehensive inspections of district roads (except for roads listed in the regional administration order No. 776-rz dated 12/29/93), streets in settlements, railway crossings, and other structures. Informs the city administration and interested departments about the inspection results.
  • Acts, information.
  • Annually
• 6: Carries out control and special inspections of roads, railway crossings, and other structures. Takes appropriate measures against officials who failed to ensure the timely elimination of deficiencies in their condition.
  • Instructions, administrative materials.
  • Constantly
• 7: Approves schemes for the performance of work on roads of categories IV and V, departmental roads, and streets in settlements. Monitors compliance by work performers with the terms of approval and takes measures to eliminate deficiencies throughout the city's street and road network.
  • Schemes, logbook.
  • Constantly

APPROVED

Head of the Kislovodsk GOVD
Police Colonel [signature] N.A. Zimin
"16" August 2002

JOB RESPONSIBILITIES

of the State Inspector of Road Supervision of the OGAI of the Kislovodsk GOVD
Police Captain P.A. Fedorenko

1. GENERAL PROVISIONS:

1.1. Responsible for:
* Carrying out work to improve the organization of road traffic, monitoring the condition of highways and streets of settlements, as well as engineering structures located on them (Order No. 410 dated 08.06.99)

1.2. Reports to:
* The head of the OVD
* The head of the MOB
* The head of the OGAI of the Kislovodsk GOVD
* The senior state inspector of road supervision.

1.3 Supervises: ___________

2. JOB RESPONSIBILITIES:

[Stamp: DEPARTMENT FOR THE INVESTIGATION OF ESPECIALLY IMPORTANT CASES OF THE PROSECUTOR GENERAL'S OFFICE OF THE RUSSIAN FEDERATION FOR PACKAGES]

Kislovodsk City Department of Internal Affairs (GOVD)

Outgoing No. 16/3/2995
dated September 18, 2002

To: the Department for the Investigation of Crimes of the Regional Prosecutor's Office, Lawyer 2nd Class V.V. Kalugin

We are sending the information you are interested in per request outgoing No. 18/3-39-02 dated September 11, 2002.

Enclosure: materials on 5 sheets.

Head of the Kislovodsk GOVD [Signature] N.A. Zimin

Handwritten notes:
* To V.V. Kalugin
* to case No. 36094.
* Extract from the personnel order 18.09.02.

Stamp (rectangular):
Department No. 2 of the Department for the Investigation of Crimes of the Prosecutor's Office of the Stavropol Territory
September 18, 2002
Incoming No. 312

Seal (round):
Department for the Investigation of Crimes of the Prosecutor's Office of the Stavropol Territory
Certified copy
Senior Investigator [Signature]
Kalugin

Suspect
(signature)

Other participating persons: defense counsel:
(signature)

The protocol was read personally
(personally or aloud by the investigator (inquirer))

Comments on the protocol: no comments
(content of comments or indication of their absence)

Suspect
(signature)

Other participating persons: defense counsel:
(signature)

Senior investigator Pecherin
(signature)

[Stamp: Directorate for the Investigation of Crimes... Stavropol. For packages.]

Incident Report

Encounter with Truck and Individuals

• I was wearing the uniform of a police officer, holding the rank of police lieutenant at that time.
• The driver went to the truck's cabin, and I heard a voice behind me: "Slavik, it's me, I'm carrying sugar."
• Turning around, I saw a green Moskvich-2141 car near my vehicle.
• Yusuf Krymshamkhalov, whom I knew previously, and a man previously unknown to me, whom I later identified from a photograph as Adam Dekkushev, were walking towards me.
• Krymshamkhalov and Dekkushev approached the Kamaz truck I was standing near.
• I told Krymshamkhalov that there were no problems; I would check the documents for the vehicle and the cargo.
• Krymshamkhalov told me they were transporting sugar to a base located on Fomenko Street.
• I asked where they were bringing the sugar from, to which Krymshamkhalov replied that they were bringing the sugar from the city of Cherkessk.
• The driver of the Kamaz truck presented the vehicle documents:
  • The technical passport and driver's license.
  • Documents for the transported sugar: a waybill and a certificate of conformity.
• The driver also presented some other documents—either a power of attorney or a trip ticket, but I do not remember exactly which ones.
• After reviewing the documents and ensuring they were in order, I suggested opening the doors of the truck's cargo bed.
• Krymshamkhalov and Dekkushev went with me to the rear of the vehicle.
• The driver opened the metal doors.
• Inside the truck bed were light brown bags.
• The bed was completely filled with bags—to the top and almost to the doors.
• The bags were neatly stacked on top of each other, and tags sewn onto them were visible.
• There was a little spilled sugar on the floor of the truck bed.
• After I inspected the truck bed, Dekkushev, Krymshamkhalov, and I walked back to our cars.
• The Kamaz driver closed the cargo doors and drove off after a while.

After the Encounter

• When we reached the cars, Dekkushev began praising his Moskvich car to me.
• He told me about the advantages of this car and even opened the hood to show me the engine.
• I chatted with Dekkushev and Krymshamkhalov about cars for about 2–5 minutes.
• Afterward, I got into my car and drove to DPS Post No. 1 at the entrance to the city of Kislovodsk.
• I did not notice where Dekkushev and Krymshamkhalov went, but the Kamaz had previously driven along Kalinina Street in Kislovodsk towards the base.
• I did not stop anywhere on the way to the DPS post.
• I do not remember exactly what I did in the afternoon.

Vehicle Condition

• I did not pay much attention to the technical condition of the Kamaz truck, but I think one windshield was cracked, though it was in place.
• I saw the vehicle from the front, back, and the driver's side door.
• The parts of the cabin and truck bed I saw were intact.
• The technical condition of the vehicle was satisfactory.

Reporting the Incident

• After this incident, I never saw Krymshamkhalov, Dekkushev, or the driver of the Kamaz truck again.
• After I saw the wanted posters for Krymshamkhalov, Dekkushev, and the Kamaz driver, I contacted the head of the MOB (Public Security Police) of the Kislovodsk OVD (Department of Internal Affairs), S.N. Remorenko, and reported everything I knew regarding the transportation of sugar by Krymshamkhalov and Dekkushev.
• After that, Remorenko and I went to the head of the SKM (Criminal Police Service) of the Kislovodsk OVD, G.I. Kaimin, to whom I also reported everything I knew.

12 Other data on the identity of the suspect

Suspect (signature)

Other participating persons: defense counsel — lawyer of the Kislovodsk city legal consultation Goryunov A.K.

The participating persons were informed about the use of technical means: none were used.

Before the start of the interrogation, the rights provided for by part four of Art. 46 of the CCP RF were explained to me:
* To know what I am suspected of, and to receive a copy of the resolution to initiate a criminal case against me, or a copy of the detention protocol, or a copy of the resolution on the application of a preventive measure in the form of detention;
* To give explanations and testimony regarding the suspicion against me or to refuse to give explanations and testimony;
* To use the assistance of a defense counsel from the moment provided for by paragraphs 2 and 3 of part three of Art. 49 of the CCP RF, and to have a meeting with him in private and confidentially before my first interrogation;
* To present evidence;
* To file motions and challenges;
* To give testimony and explanations in my native language or a language I speak;
* To use the services of an interpreter free of charge;
* To familiarize myself with the protocols of investigative actions carried out with my participation, and to submit comments on them;
* To participate, with the permission of the investigator or interrogator, in investigative actions carried out at my request, the request of my defense counsel or legal representative;
* To file complaints against the actions (inaction) and decisions of the court, prosecutor, investigator and interrogator;
* To defend myself by other means and methods not prohibited by the CCP RF.

Suspect (signature)

It has been explained to me that in accordance with Art. 51 of the Constitution of the Russian Federation, I am not obliged to testify against myself, my spouse, and other close relatives, the circle of which is defined by paragraph 4 of Art. 5 of the CCP RF.

Suspect (signature)

[Stamp: Directorate for Investigation... of Stavropol Krai... for packages...]

Document Content

• Lyubichev got into Adam Dekkushev's "Moskvich" car and escorted the "KAMAZ" with explosives to "Realbaza".
• Yusuf Krymshamkhalov gave Lyubichev a 50 kg bag of sugar as a reward for escorting the vehicle with explosives.
• Adam Dekkushev took Lyubichev in his car to the Central Market of Kislovodsk, where the latter handed the bag of sugar to his wife.
• Lyubichev stated that, given his official position, he could continue to provide necessary assistance on various issues in the future.

Subsequent Events

• As a result of acts of terrorism on September 8, 13, and 16, 1999, in the cities of Moscow and Volgodonsk, using manufactured improvised explosives:
  • 244 people died.
  • About 30 people were injured.
  • Three multi-story residential buildings were destroyed.
  • The damage amounted to more than 310 million rubles.

Decision

Based on the foregoing and guided by Article 155 of the Criminal Procedure Code of the Russian Federation,

HAS DECIDED:

1. To separate from criminal case No. 103 into separate proceedings materials [consisting of] copies of protocols of investigative actions (which ones specifically) on 36 pages, containing information about Lyubichev's use of his (regarding which specific new crime) official powers contrary to the interests of the service, which led to grave consequences, that is, the commission of a crime provided for by Part 3 of Article 285 of the Criminal Code of the Russian Federation.
2. To send the separated materials to the prosecutor of Kislovodsk (name of the prosecutor's office)

Investigator (inquirer) [signature]
True copy for Packets
Senior investigator [signature]

Decision

Taking into account that there is sufficient evidence indicating signs of a crime provided for by Part 3 of Art. 285 of the Criminal Code of the Russian Federation, guided by Art. 140, 145, 146 and part one of Art. 156 of the Code of Criminal Procedure of the Russian Federation,

HAS DECIDED:

1. To initiate a criminal case against Stanislav Sergeevich Lyubichev, whose actions show signs of a crime provided for by Part 3 of Art. 285 of the Criminal Code of the Russian Federation.
2. To take the criminal case into one's own proceedings and proceed with its investigation.
3. To send a copy of this resolution to the acting prosecutor of the Stavropol Territory.

Senior Investigator [signature] (signature)

A copy of this resolution was sent to the acting prosecutor of the Stavropol Territory, Senior Counselor of Justice V.V. Kalugin on August 29, 2002, at 2:00 PM.

Senior Investigator [signature] (signature)

The person against whom the criminal case was initiated, S.S. Lyubichev, was informed of the decision made.

Senior Investigator [signature] (signature)

[Stamp: Investigation Department... Prosecutor's Office of the Stavropol Territory]
True copy
Senior Investigator
PAKEUOV

Decision

The actions involved:

• Compliance with the requirements of paragraphs 2.1.1 and 2.3.1 of the Traffic Rules of the Russian Federation, which oblige the driver to have a driver's license and documents for the transported cargo, and also prohibit the operation of a vehicle without windows.
• Lyubichev S.S., preventing the vehicle from being stopped by police officers, escorted the specified vehicle while in a "Moskvich-Svyatogor" car driven by Adam Dekkushev, from DPS post No. 1 of the traffic police department of the Kislovodsk Internal Affairs Department to the warehouses of AOZT "Realbaza Khleboproduktov", located at: Kislovodsk, Zheleznodorozhnaya St., 20.

For committing these deliberately illegal actions in the area of AOZT "Realbaza Khleboproduktov", located at: Kislovodsk, Zheleznodorozhnaya St., 20, Yusuf Krymshamkhalov gave Lyubichev S.S. a bribe in the form of a 50 kg bag of granulated sugar worth 420 rubles (in 1999 prices).

In the actions of Yusuf Krymshamkhalov, there is sufficient evidence indicating signs of a crime provided for by Part 2 of Art. 291 of the Criminal Code of the Russian Federation.

Considering that the separation of the criminal case against Yusuf Krymshamkhalov will not affect the comprehensiveness and objectivity of the preliminary investigation and resolution of the criminal case, and guided by Art. 154 of the Code of Criminal Procedure of the Russian Federation,

DECIDED:

1. To separate from criminal case No. 36094 a criminal case against Yusuf Krymshamkhalov.
2. To initiate a criminal case on the grounds of a crime provided for by Part 2 of Art. 291 of the Criminal Code of the Russian Federation against Yusuf Ibragimovich Krymshamkhalov.
3. To assign No. 90010 to the separated criminal case.
4. To send a copy of this resolution to the prosecutor of the Stavropol Territory.

Senior Investigator of the Second Department of the Crime Investigation Directorate of the Prosecutor's Office of the Stavropol Territory, Lawyer 2nd Class
[Signature] V.V. Kalugin

REGISTERED No. 389
February 20, 2003
Duty Officer Senior Lieutenant [Signature] Ponomarev

Investigation Status Update

• Persons established by the investigation, in the period from late February to mid-March 2000, illegally stored firearms, ammunition, and explosives in his home at the address: Republic of Ingushetia, Sunzhensky district, Ordzhonikidzevskaya village, Rabochaya St., 68, after which he transferred them to other members of the criminal group.
• Since March 15, 2000, more than 20 searches have been conducted in criminal case No. 22073, during which items and documents testifying to the criminal activities of the accused were seized.
• Currently, all necessary measures are being taken to establish the location and detention of the organizer of the criminal group – Achimez Gochiyayev.
• The established period for the preliminary investigation in the criminal case expires on April 15, 2000.
• It is not possible to complete the investigation within the specified period by making a procedural decision on the case, due to the fact that investigative and operational measures are being carried out in this case.
• In the criminal case, it is necessary to perform a large volume of investigative work related to the detention and interrogation of crime participants, witnesses, the filing of charges, conducting searches, and examining physical evidence.
• This will require an additional investigation period of 3 months.

Decision

Based on the above, guided by Art. 133 of the RSFSR Code of Criminal Procedure, -

DECIDED:

• To initiate a petition before the First Deputy Prosecutor of the Stavropol Territory, State Counselor of Justice 3rd Class R.A. Adelkhanyan, to extend the period of the preliminary investigation in criminal case No. 22073 to 8 months, i.e., until July 15, 2000.

Senior Investigator
of the Kislovodsk City Prosecutor's Office
Junior Counselor of Justice
[Signature] E.Yu. Arefev

The term of the preliminary investigation in criminal case No. 22073

I EXTEND to 06 months

First Deputy Prosecutor of the Stavropol Territory
State Counselor of Justice 3rd Class [Signature] R.A. Adelkhanyan

April 14, 2000.

DECISION

to initiate a motion to extend the term of the preliminary investigation.

April 14, 2000. Kislovodsk.

Senior investigator of the Kislovodsk city prosecutor's office, junior counselor of justice Arefyev E.Yu., having considered criminal case No. 22073,

HAS ESTABLISHED:

• The criminal case was initiated in the Kislovodsk city prosecutor's office on September 20, 1999, on the grounds of a crime provided for by Part 1 of Art. 222 of the Criminal Code of the Russian Federation regarding the fact of storage and transportation of explosives on the territory of the city of Kislovodsk.
• On November 20, 2000, the preliminary investigation in the criminal case was suspended under paragraph 3 of Art. 195 of the Code of Criminal Procedure of the RSFSR.
• On March 15, 2000, the preliminary investigation in the criminal case was resumed.
• As established during the investigation, the explosive substance stored and transported in the city of Kislovodsk was subsequently used by criminals in the commission of terrorist acts in September 1999 in the cities of Moscow and Volgodonsk.
• Within the framework of this criminal case, together with employees of the FSB of Russia, a large volume of investigative and operational measures were carried out, aimed at establishing the circumstances of the crime committed, as well as the persons who committed it.
• During the investigation, members of the criminal group were identified and subsequently placed on the Federal wanted list:
  • Denis Saitakov
  • Adam Dekkushev
  • Achimez Gochiyayev
  • T. Batchaev
  • Yusuf Krymshamkhalov
  • Kh. Abaev
  • and others.
• R.Sh. Magiyaev, detained during the investigation of criminal case No. 22073, who transported explosives in his 'Kamaz' truck, was transferred to

Regarding the issue of concluding a contract with citizen Vladimir Ivanovich Shishkov

I can explain the following. On July 15, 1999, during lunchtime, two unknown men of non-Russian nationality came to our office located at 27 Pervomaysky Avenue.

• The first was of medium height, about 170 cm, slightly plump, about 40 years old, with a broad Caucasian-type face, a straight nose, dark eyes, a short haircut, dark straight hair, in my opinion with a receding hairline. He did not have a mustache. He was dressed, in my opinion, in a black and white shirt and trousers, the color of which I do not remember.
• The second was also about 170 cm, of thin build, hair either light or graying, wavy, possibly with small receding hairlines in the frontal area. His age was about 35 years, possibly a little more.

I remembered both men and can recognize them. They began to inquire about the provision of mobile communication. I spoke with them myself. I gave them a consultation and they settled on purchasing mobile communication - 'Standard NMT-450' and a Nokia-440 handset costing 4800 rubles. Considering that for residents of the Stavropol Territory the prepayment is about 1500 rubles, and for residents of other regions 10000 rubles, I asked the clients if they had a Stavropol 'propiska' (residency registration) and explained the above conditions to them. The men replied that their registration was not local, but they would find someone from their relatives or acquaintances with a local registration.

After the clients left, I began typing the contract on the computer. After about 30 minutes, the men returned and on a pink piece of paper gave me the details of Vladimir Ivanovich Shishkov, registered in Kislovodsk, 2 Eskova St., apt. 2. Although the passport of this citizen was not presented to me, I believed the clients and drew up contract No. GK-14 with the specified citizen based on the data written on the piece of paper. This piece of paper was not preserved.

At the moment when I was processing the contract, the director Zaur Khyzyrovich Dzhadtoev was not at the workplace. I signed both the contract and the attached invoice on behalf of the client V.I. Shishkov myself, because the first of the men, smiling, asked me to do so, and I, thinking nothing bad, signed on behalf of the client. According to the first contract GK-14, the mobile subscriber received the number: 498-24-61.

August 5, 1999

On August 5, 1999, at about 12 o'clock, the above-mentioned men came to our office again. At this time, besides me, Zarima Dakhirovna Bulkaeva, who works in the same position as I do, was in the office. The clients said they wanted to purchase another handset. Near the display case where Zarima was, the men chose another 'Sotel' handset.

At this time, Z.Kh. Dzhadtoev entered the hall and greeted the first of the men, and a short conversation took place between them. At this time, I was sitting at the table and did not hear what they were talking about. Then, when the men approached me, I asked the clients in whose name they would register the handset, and they left again and, returning half an hour later, handed me the details of Marina Petrovna Melnikova, registered in Kislovodsk, 5 Kutuzova St., apt. 5, on a piece of paper. I again drew up a contract under No. GK-21 and an invoice for it No. GK-21/1. The first of the clients behaved very confidently, especially since before that I saw how he talked in a friendly manner with our director, so when he again asked to sign for him in the documents, I, suspecting nothing bad, put the signature.

GOST 5494-95 Usage

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 studied washings were evaporated to dryness and, together with the filters, left for comparative studies.

CONCLUSION

• In the washings from the substance described in paragraph 5, and from the raincoat (paragraph 2), trace amounts of RDX and TNT - high explosives - were found.
• In acetone washings from different places of the inner part of the container (paragraphs 8-10) - trace amounts of RDX.
• In washings from substances described in paragraphs 4, 6, and from the cloth bag (paragraph 1) - trace amounts of TNT.
• On all specified objects, trace amounts of nitrate ions and ammonium ions were found, which could be part of ammonium nitrate, and on the raincoat and on the bag, in addition, particles of aluminum powder were found.

The amounts of explosives found on the objects (saturation) are given in the research part.

• It is not possible to determine the source of origin of nitrate ions and ammonium ions and unambiguously attribute them to explosive components for the reasons stated in the research part.
• It is not possible to conduct comparative studies due to the lack of materials and objects of comparison at the disposal of experts.

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

Upon completion of the research, the objects described in paragraphs 3-16 were packed in bags. The bags are sealed with a mastic seal with the inscription: "Military unit 34435 For bags 15". The objects described in paragraphs 1, 2 are left for further research.

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

Reg. No. 16/3/4/235

Analytical Methods and Results

HPTLC Analysis

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

The presence of explosives was established by matching 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 effect of developing reagents: a solution of diphenylamine in an alcohol-acetone mixture followed by UV irradiation 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 by 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 by 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 mass range of negative ions 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 reference samples.

Findings

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

• In swabs from the substance described in p. 5, and from the raincoat (p. 2), trace amounts at the level of $10^{-6} – 10^{-7}$ g of cyclotrimethylenetrinitramine (RDX) and 2,4,6-trinitrotoluene (TNT) – high explosives – were found.
• In acetone swabs from different places of the inner part of the container (p.p. 8-10), trace amounts at the level of $10^{-7} - 10^{-8}$ g of RDX were found.
• In swabs from the substances described in p.p. 4, 6, and from the cloth bag (p. 1), trace amounts at the level of $10^{-8} - 10^{-9}$ g of TNT were found.

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

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

Ammonium Nitrate Detection

The detection of trace amounts of ammonium nitrate (a component of ammonium nitrate explosives) in the swabs was carried out by the IC method on a Star liquid chromatograph by Varian (USA). The eluent was supplied using an isocratic pump model 9002 by Varian (USA).

For the separation of anions in the studied swabs, an Elsian-6-Kank column by Elsico (Russia) was used, filled with anion-exchange.

Evidence Inventory

• In the bag with a note inscribed: "Packet No. 4..." and a seal impression "Prosecutor of Kislovodsk, Stavropol Territory * For packets" was found:
  • A loose crystalline substance of gray color with inclusions of household waste particles.
• In the bag with a note inscribed: "Packet No. 5..." and a seal impression "Prosecutor of Kislovodsk, Stavropol Territory * For packets" was found:
  • A powdery substance of gray color with inclusions of household waste particles.
• In the bag with a note inscribed: "Packet No. 6..." and a seal impression "Prosecutor of Kislovodsk, Stavropol Territory * For packets" was found:
  • A powdery substance of gray color with inclusions of household waste particles.
• In the bag with a note inscribed: "Packet No. 7..." and a seal impression "Prosecutor of Kislovodsk, Stavropol Territory * For packets" was found:
  • A powdery substance of black color with inclusions of household waste particles.

A white polymer bag with the inscription: "Wine collections...", the neck of which is tied with a red rope with a tag attached to it with the inscription: "Exh. doc. to concl. exp. No. 2741 dated 3.10.99" and a seal impression "Expert-Criminalistic Department of the UVD SK * No. 51". The integrity of the packaging is not compromised. Inside the bag are nine paper packages with research objects and explanatory inscriptions. All packages bear the seal impression "Prosecutor of Kislovodsk, Stavropol Territory * For packets" and the signatures of witnesses, the investigator, and the specialist.

• In the package with the inscription: "Packet No. 1 Swab, performed on a gauze swab soaked in acetone from the inner bottom left part of the container of the KAMAZ vehicle..." was found:
  • A gauze swab with layers of gray substance.
• In the package with the inscription: "Packet No. 2 Swab, performed on a gauze swab soaked in acetone from the front left inner bottom part of the container of the KAMAZ vehicle..." was found:
  • A gauze swab with layers of brown substance.
• In the package with the inscription: "Packet No. 3 Swab, performed on a gauze swab soaked in acetone from the inner right rear part of the container of the KAMAZ vehicle..." was found:
  • A gauze swab with layers of brown substance.
• In the package with the inscription: "Packet No. 4 Swab, performed on a gauze swab soaked in acetone from the bottom inner front right part of the container of the KAMAZ vehicle..." was found:
  • A gauze swab with layers of gray substance.
• In the package with the inscription: "Packet No. 5 Swab, performed on a gauze swab soaked in distilled water from the bottom inner part of the container of the KAMAZ vehicle..." was found:
  • A gauze swab with layers of gray substance.

BC-2 Copy No. 1 147

MILITARY UNIT 34435

FORENSIC LABORATORY

Expert Opinion No. 4/198

Compiled on 7 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 conduct an explosives forensic examination in 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 about liability for providing a knowingly false opinion and under Art. 310 of the Criminal Code of the Russian Federation about liability for disclosure of preliminary investigation data.

In accordance with Art. 187 of the Code of Criminal Procedure of the RSFSR, the rights and duties of an expert, as provided for in Art. 82 of the Code of Criminal Procedure of the RSFSR, have been explained to us.

Experts
[Signature] 1.11.99 V.V. Semin
[Signature] 1.11.99 V.M. Bogdanov
[Signature] 1.11.99 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 held: leading expert)
* Zhavoronok Olga Viktorovna (higher technical education, specialty: chemical technologist, 4 years of expert work experience, position held: senior expert)
* Semin Valery Viktorovich (higher technical education, specialty: process engineer, 9 years of expert work experience, position held: senior expert)

Based on the resolution dated October 20, 1999, by the head of the investigative group of the Service for the KMV of the Directorate of the FSB of Russia for the Stavropol Territory, Lieutenant Colonel of Justice Enin V.G., conducted a forensic examination from November 1, 1999, to February 7, 2000, based on the materials of criminal case No. 22073.

In accordance with the resolution, the following objects were placed at the disposal of the experts:
* Items and objects seized during the inspection on September 20, 1999, of warehouse 2 of the "Realbaza khleboproduktov" (Grain Products Realbase) in Kislovodsk, in two plastic bags.

Detection of Trace Amounts of Ammonium Nitrate

Detection of trace amounts of ammonium nitrate (a component of ammonium nitrate explosives) in the swabs was carried out by the IC method on a "Star" liquid chromatograph from "Varian" (USA). The eluent was supplied using an isocratic pump model 9002 from "Varian" (USA).

Anion Separation

For the separation of anions in the studied swabs, the following were used:
* An "Elsian-6-Kank" column from "Elsiko" (Russia) filled with anion-exchange resin.
* A 2x20 mm guard column filled with grafted C18 phase with a particle size of 40 μm.
* A BTS AG suppression column from "Biotronik" (Germany).

Chromatography of the sample was carried out in isocratic mode with a carbonate buffer containing 0.002 M $\text{Na}_2\text{CO}_3$ and 0.002 M $\text{NaHCO}_3$. Eluent flow rate: 2.0 ml/min.

Cation Separation

For the separation of cations in the studied swabs, the following were used:
* A BT IV KA column from "Biotronik" (Germany).
* The guard column mentioned above.
* A BT-S KG suppression column from "Biotronik" (Germany).

Chromatography of the sample was carried out in isocratic mode with a buffer containing 0.002 M $\text{HNO}_3$. Eluent flow rate: 2.0 ml/min.

Detection and Calibration

Detection 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 with a microsyringe and an injector with a 100 μl loop. For chromatograph calibration, standard freshly prepared solutions of anions and cations in water in the concentration range of 0.1 - 10 μg/ml were used.

Results and Interpretation

• Ammonium ions and nitrate ions in the amount of $10^{-6} - 10^{-7}$ g were detected in the swabs from the studied objects.
• As is known from expert practice, nitrate ions and ammonium ions are present in trace amounts in swabs from places of contact of any surface with a mixed explosive containing ammonium nitrate in its composition.
• On the other hand, in everyday life and in the national economy, substances of organic and inorganic nature are widely used, which either directly contain the above-mentioned ions (for example, ammonium nitrate fertilizers) or form them during their decomposition (for example, aniline dyes, nitro-lacquers, etc.).
• It is not possible to unambiguously determine the source of origin of the detected ions based on the results of physicochemical studies.

Aluminum Particle Detection

In order to detect aluminum particles, the deposits on the filters remaining after filtration of the swabs were studied by the SEM-EDX method on a JSM-840 scanning electron microscope from "Jeol" (Japan) with an ISIS microprobe analyzer from "Oxford Instruments" (UK) at an accelerating voltage of 20 kV. The range of detectable elements is from beryllium to uranium.

As a result, it was established that in the deposits on the filters there are many silver-colored microparticles in the form of flat flakes of size...

Are there traces of explosive substances and packaging on the presented robe and bag, similar to the explosive substances and their packaging found in Moscow at the addresses: 16 Borisovskie Prudy St., bldg. 2 and 70 Krasnodarskaya St.?

INVESTIGATIONS

1. Visual Inspection

The objects specified in the introductory part of this conclusion were received for examination after physical and chemical studies conducted within the framework of expert conclusion No. 4/198 of the forensic laboratory of military unit 34435 on the basis of a resolution dated October 20, 1999, by the head of the investigative group of the Service in the KMV [Caucasian Mineral Waters] of the Directorate of the FSB of Russia for the Stavropol Territory, Lieutenant Colonel of Justice V.G. Enin.

The objects were in two polymer transparent bags, the integrity of the packaging of which was compromised (the bags were opened).

In a transparent polymer bag, to the neck of which a tag is attached with the inscription: "Bag found in garage No. 8.....", an impression of the seal "Prosecutor of Kislovodsk, Stavropol Territory * For bags" and the signature of investigator E.Yu. Arefyev, there is:
* A brown cloth bag 800 mm long and 550 mm wide. The bag has numerous damages in the form of tears.

In a transparent polymer bag, to the neck of which a tag is attached with the inscription: "Black robe found in garage No. 8.....", an impression of the seal "Prosecutor of Kislovodsk, Stavropol Territory * For bags" and the signature of investigator E.Yu. Arefyev, there is:
* A cloak made of black material with a hood and patch side pockets.

2. Physical and chemical studies of explosive substances

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

Initially, to detect microparticles of ES, components of mixed explosive substances (fine aluminum powders, ammonium nitrate, etc.), gunpowder particles, as well as fragments of ES packaging, the objects were examined visually using a "Leica" (Germany) MZ12 microscope at various magnifications and lighting.

As a result, no fragments of ES packaging, microparticles, or particles of the above-mentioned substances were found on the objects under study.

Next, methanol washings were made from the objects, which were filtered through ashless "white ribbon" filters, evaporated to a volume of 1 ml, and then divided in half. One part was studied by HPTLC and

CONCLUSIONS

Trace amounts of ammonium nitrate and high explosives — TNT and RDX — were found in samples of dust, soil, and on the surfaces of adhesive tapes. In addition, particles of aluminum powder were found along with trace amounts of high explosives and ammonium nitrate on the surfaces of some objects (items 3.1, 4.1 – 4.5, 5.1).

It is not possible to determine the source of origin of the ammonium nitrate, as well as the aluminum powder, from the trace amounts, nor to unequivocally classify these detected substances as components of a composite explosive.

It is not possible to conduct a comparative study of the detected trace amounts of explosives, aluminum powder, and ammonium nitrate with the explosives found in Moscow at the addresses: 16 Borisovskie Prudy St., bldg. 2 and 70 Krasnodarskaya St., due to the lack of materials at the disposal of the experts regarding the specified cases, which are necessary for conducting comparative studies.

Experts:
* V.M. Bogdanov
* K.N. Stobbur

Among the presented objects, there are fragments of adhesive tape that correspond to adhesive tape for packaging purposes. Tapes of this type are typically used for gluing and packaging products made of paper, films, plastics, etc.

It is not possible to conduct a comparative study of the detected fragments of adhesive tapes with the adhesive tapes found in Moscow at the addresses: 16 Borisovskie Prudy St., bldg. 2 and 70 Krasnodarskaya St., due to the lack of materials at the disposal of the expert regarding the specified cases, which are necessary for conducting comparative studies.

Expert: A.P. Bezrukov

Reg. No. 16/3/4/93

Material Description and Analysis

• The material is in the form of finely dispersed flattened flakes with a maximum overall size of up to 70 $\mu$m.
• The main fraction of the flakes has a size of about 10 - 20 $\mu$m.
• The material of the flakes is technically pure aluminum (impurity content less than 0.4% by weight).

Material Identification

• In terms of appearance, morphological features, geometric dimensions, and chemical composition, the particles found on the objects correspond to domestic aluminum powder (GOST 5494-95).
• Aluminum powder according to GOST 5494-95 is produced as a pigment additive for the paint and varnish industry, or for the production of aerated concrete at enterprises manufacturing reinforced concrete building structures.
• Aluminum powder according to GOST 5494-95 is not used in the industrial production of explosives and pyrotechnic compositions.

Conclusions from Studies

Based on the studies conducted, the following conclusions can be drawn:

• Trace amounts of ammonium nitrate and high explosives - TNT and RDX - were found in samples of dust, soil, and on the surfaces of adhesive tapes.
• In addition, along with trace amounts of high explosives and ammonium nitrate, particles of aluminum powder were found on the surfaces of some objects (items 3.1, 4.1 - 4.5, 5.1).

Usage of Components

• TNT and RDX, both in pure form and in mixtures with other explosive and non-explosive components, are widely used for filling ammunition and as components of composite explosives, including industrial ones.
• Ammonium nitrate is used as a component in the industrial manufacture of ammonium nitrate composite explosives.
• On the other hand, ammonium nitrate is widely used in everyday life, for example, as a fertilizer.
• The aluminum particles found on the objects (items 3.1, 4.1 - 4.5, 5.1) are aluminum powder GOST 5494-95, which is not used in the industrial production of explosives and pyrotechnic compositions.
• Ammonium nitrate, as well as aluminum powder, are readily available components and can be used for the production of composite explosives in artisanal conditions (ammonium nitrate - oxidizer, aluminum powder - fuel).

Limitations of Analysis

• It is not possible to determine the source of origin of the ammonium nitrate, as well as the aluminum powder, from trace amounts and to unequivocally classify these detected substances as components of a composite explosive.
• It is not possible to conduct a comparative study of the detected trace amounts of explosives, aluminum powder, and ammonium nitrate with the explosives found in Moscow at the addresses: 16 Borisovskie Prudy St., bldg. 2 and 70 Krasnodarskaya St., due to the absence of...

5

The presence of explosives (BB) and components of smokeless powders was established by the correspondence of the relative mobility values of substance spots on the chromatograms of the studied and control solutions, as well as by the reaction to the action of developing reagents:
* A solution of diphenylamine in an alcohol-acetone mixture followed by irradiation with UV light with a wavelength of 366 nm.
* A solution of ethylenediamine in acetone.
* A 5% solution of potassium dichromate in a mixture of sulfuric and acetic acids.

GC-MS Study Details

The GC-MS study was carried out on a "GCQ" spectrometer from "Finnigan MAT" (USA).

• Separation:
  • Helium flow at a speed of 50 cm/s.
  • DB-1 column from "J&W Scientific" (USA) with a diameter of 0.25 mm, a phase layer thickness of 0.25 μm, and a length of 10 m.
  • Injected sample volume: 1 μl.
  • Injector temperature: -200 °C.
  • Injector mode: Splitless.
  • Column temperature: Isothermal 70 °C for 1 min, then programmed heating at a rate of 25 °C/min.
  • Ion source temperature: 150 °C.
  • Interface temperature: 250 °C.

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

Findings

As a result of the studies conducted, trace amounts were found:
* RDX (hexogen) - a high explosive - in swabs from the objects listed in paragraphs 1.1, 1.2, 2.1, 3.1, 4.1-4.6, 5.1 (about $10^{-8}$ g - $10^{-7}$ g).
* TNT (trotyl) - a high explosive - in swabs from the objects listed in paragraphs 1.1, 1.2, 2.1, 4.1-4.6, 5.1 (about $10^{-4}$ g - $10^{-7}$ g).

Trace amounts of other high explosives (HMX, PETN, nitroglycerin, tetryl and picric acid) at the level of about $10^{-6}$ g - $10^{-8}$ g were not detected.

TNT and RDX can be used as explosives both in individual form and in the form of mixtures with other explosive and non-explosive components. Among mixed explosives containing TNT and RDX, one of the most widely used components is ammonium nitrate.

Ammonium Nitrate Detection

To detect trace amounts of ammonium nitrate, studies were carried out by the IC (ion chromatography) method on a "Star" liquid chromatograph from "Varian" (USA). The eluent was supplied using an isocratic pump model 9002 from "Varian" (USA).

To separate anions in the studied mixture, the following were used:
* An Elsian-6-Kank column from "Elsiko" (Russia) filled with anion-exchange resin.
* A 2x20 mm guard column filled with grafted C18 phase with a particle size of 40 μm.
* A BTS AG suppression column from "Biotronik" (Germany).

Chromatography of the sample was carried out in isocratic mode with a carbonate buffer containing 0.002 M $\text{Na}_2\text{CO}_3$ and 0.002 M $\text{NaHCO}_3$. Eluent flow rate: 2 ml/min.

KS-2 Copy No. 1

MILITARY UNIT No. 34435 FORENSIC LABORATORY EXPERT OPINION No. 4/148

Compiled on January 24, 2000, Moscow

We, employees of the forensic laboratory of military unit 34435, Alexander Pavlovich Bezrukov, Vladimir Mikhailovich Bogdanov, and Konstantin Nikolaevich Stovbur, in connection with the assignment to perform an expert examination in criminal case No. 22073 by the head of the expert institution, have been warned under Art. 307 of the Criminal Code of the Russian Federation about liability for providing a knowingly false opinion and under Art. 310 of the Criminal Code of the Russian Federation about liability for disclosing preliminary investigation data. In accordance with Art. 187 of the Code of Criminal Procedure of the RSFSR, the rights and duties of an expert, as provided for in Art. 82 of the Code of Criminal Procedure of the RSFSR, have been explained to us.

Experts:
* A.P. Bezrukov (10/15/99)
* V.M. Bogdanov (10/15/99)
* K.N. Stovbur (10/15/99)

Experts of the forensic laboratory of military unit 34435:
* Alexander Pavlovich Bezrukov (higher technical education, specialty: chemical process engineer, 16 years of expert work experience, position: senior expert)
* Vladimir Mikhailovich Bogdanov (higher technical education, specialty: metallurgical engineer, 15 years of expert work experience, position: leading expert)
* Konstantin Nikolaevich Stovbur (higher technical education, specialty: chemical process engineer, 2 years of expert work experience, position: expert)

Based on the resolution dated October 2, 1999, by the senior investigator of the Kislovodsk Prosecutor's Office, Junior Counselor of Justice E.Yu. Arefyev, conducted a forensic chemical examination from October 15, 1999, to January 24, 2000, based on the materials of criminal case No. 22073.

Five packages with samples were placed at the disposal of the experts.

The following question was posed for the experts' resolution:
* Are there traces of explosives and packaging in the submitted objects similar to the explosives and their packaging found in Moscow at the addresses: Borisovskie Prudy St., house 16, bldg. 2 and Krasnodarskaya St., house 70?

3

4.

A bag made of transparent polymer material, tied with a white polymer thread. The ends of the thread are secured with a paper tag. On one side of the tag, there is a seal impression: "Prosecutor of Kislovodsk, Stavropol Krai FOR PACKAGES". On the other side of the tag, there are the following handwritten inscriptions: "Particles of plant origin and polymer material. seized on 02.10.99. Senior Investigator ..." (made with black dye) and "Package No. 4 Witnesses 1. ... 2. ... investigator ... specialist 1. ... 2. ..." (made with blue dye). Inside the package, the following were found:

• 4.1. Two fragments of adhesive tape with deposits of brown and silver-gray substances, packed in a bag made of transparent polymer material.
• 4.2. Two fragments of adhesive tape with deposits of silver-gray and brown substances, packed in a bag made of transparent polymer material.
• 4.3. A fragment of adhesive tape with deposits of brown and silver-gray substances, fragments of film threads made of colorless polymer material, and objects resembling household waste, packed in a bag made of transparent polymer material.
• 4.4. Objects resembling household waste and red onion skins, packed in a bag made of transparent polymer material.
• 4.5. Fragments of film threads made of colorless polymer material, packed in a bag made of transparent polymer material.
• 4.6. Two fragments of adhesive tape with deposits of silver-gray and brown substances, packed in a bag made of transparent polymer material.

5.

A bag made of transparent polymer material, tied with a white polymer thread. The ends of the thread are secured with a paper tag. On one side of the tag, there is a seal impression: "Prosecutor of Kislovodsk, Stavropol Krai FOR PACKAGES". On the other side of the tag, there are the following inscriptions: "Soil samples from the interior of the premises from a pile of swept-up trash near the entrance door" (handwritten in black dye) and "Package No. 4 Witnesses 1. ... 2. ... investigator ... specialist 1. ... 2. ..." (handwritten in blue dye). Inside the package, the following were found:

• 5.1. A substance resembling soil, and objects resembling household waste.

Report

The Prosecutor requested the military prosecutor's office regarding the following persons.
27.09.99.

To the Deputy Head of the Directorate, Head of the Service at KMV of the UFSB of the RF for the Stavropol Krai, Colonel Edelev A. L.

I report that in the process of conducting operational-search activities regarding the facts of the commission of terrorist acts in the city of Moscow and the city of Volgodonsk, operational officers of the 2nd direction of the Service at KMV of the UFSB of the RF for the Stavropol Krai, Senior Lieutenant Kobylchenko E. N. and Lieutenant Pervyshin D. V., carried out a check of airline ticket stubs for flights from Moscow to Minvody from July 20, 1999, to September 21, 1999.

During the check, the departures of the following persons were established:

• Achimez Shagabanovich Gochiyayev (PSP data missing) flight 1217, departure 24.07.99
• Semenov Sul. Mag. (PSP 16 IK 627551) flight 1217, departure 24.07.99
• Achimez Shagabanovich Gochiyayev (PSP 15 GN 691912) flight 1217, 7.08.99
• Batchayev Shamgun Ismailovich (PSP 18 MYu 742313) flight 1219, departure 14.08.99
• Laypanov Iskhak Shamilyevich (PSP 12 GN 629368) flight 1217, departure 24.08.99
• Achimez Shagabanovich Gochiyayev (PSP 15 GN 691912) flight 1217, departure 25.08.99
• Laypanov Alan Bilalov (ser. 3 MYu 444073) flight 1217, departure 26.07.99
• Laypanov Bilal Appasovich (PSP 12 GN 564290) flight 1217, departure 26.07.99
• Batchayev B. S. (8 GN 552420) flight 1219, departure 23.07.99
• Boris Khadzhi Akhmatovich Gochiyayev (PSP 9 GN 738576) flight 1219, departure 27.07.99

Service of the Directorate of the Federal Security Service of the RF for the Stavropol Krai, Kavminvody
697 Pyatigorsk 24.09.99

DECREE

on accepting a criminal case for proceedings

City of Kislovodsk, September 20, 1999

Senior Investigator of the Prosecutor's Office of the city of Kislovodsk, Junior Counselor of Justice E.Yu. Arefyev, having reviewed the materials of criminal case No. 22073,

HAS ESTABLISHED:

• This criminal case was initiated by the Prosecutor of the city of Kislovodsk on the grounds of a crime provided for by Part 1 of Article 222 of the Criminal Code of the Russian Federation, and was transferred to me for the conduct of a preliminary investigation.

Based on the foregoing, guided by the requirements of Article 129 of the Criminal Procedure Code of the RSFSR,

HAS DECREED:

1. To accept criminal case No. 22073, initiated on the grounds of a crime provided for by Part 1 of Article 222 of the Criminal Code of the Russian Federation, for my proceedings.
2. To send a copy of this decree to the Prosecutor of the city of Kislovodsk.

Senior Investigator
of the Prosecutor's Office of the city of Kislovodsk
Junior Counselor of Justice E.Yu. Arefyev