A/HRC/4/21/Add.1 page 63 265. In September 2005, a jury unanimously acquitted them and a third defendant, Fanis Shaikhutdinov, of the charges against them. However, prosecutors subsequently got approval from the Russian Supreme Court to annul the verdict so that the three could be tried again for the same crime. On 5 May 2006, the defendants were convicted of terrorism and illegal possession of weapons or explosives (Articles 205 and 222 of the Russian Criminal Code). They were also ordered to pay damages of about U.S. $2,000 for property damage. Ravil Gumarov was sentenced to a term of 13 years, and Timur Ishmuratov to 11 years and one month. The third man, Fanis Shaikhutdinov, received 15 years and six months. According to the information received, another suspect had confessed to carrying out the crime in July 2005, however, the defence lawyers for the three men were never informed of this confession. All three have appealed their convictions to the Russian Supreme Court. 266. According to the information received, two witnesses in the trial were detained and beaten to force them to testify against the defendants. On 31 March 2005, Timor Ishmuratov’s brother, Rustam Hamidullin, was detained by the Tatarstan Organized Crime Unit at his Aunt’s house in Nefteyugansk, in Khanti-Mansiisk province. Police held him for several days at Nefteyugansk police station and beat him while he was handcuffed to a radiator to coerce him to admit that he had witnessed preparations for the crime. Police then took him on the train to Tatarstan. Rustam Hamidullin was ill-treated during the two-day train trip. 267. On 1 April 2005, Ildar Valeev, another witness for the prosecution, was called in for questioning to the Organized Crime Unit in Almetievsk, Tatarstan. He was subsequently sentenced to five days’ administrative arrest for swearing in a mosque. He was held in an investigation cell in Bugulma, where he was stripped, beaten and subjected to threats and psychological pressure until he agreed to sign a statement saying he had witnessed the explosion. He was released on 27 April 2005. Both Rustam Hamidullin and Ildar Valeev withdrew their statements at the trials. Response from the Government dated 28 December 2006 268. The Government informed that the investigation into the pipeline explosion in Tatarstan in January 2005 was conducted by Republican prosecutors together with the Federal Security Service. During the investigation, several complaints about illegal acts by law-enforcement agents in relation to Ravil Gumarov, Timur Ishmuratov, Rustam Hamidullin and Ildar Valeev were filed with the Republican Prosecutor’s office, but the investigations conducted by the Republican Prosecutors did not confirm these allegations. In September 2005 a jury trial took place, before which Rustam Hamidullin and Ildar Valeev retracted their earlier confessions and were acquitted. The Republican Prosecutors appealed the acquittal and the Supreme Court of the Russian Federation annulled the jury’s sentence and sent the case back for additional investigation. 269. On 12 May 2006, the Supreme Court of the Russian Federation, on the basis of the sentence of the Supreme Court of the Republic of Tatarstan, sentenced Mr. Gumarov, Mr. Shaikhutdinov and Mr. Ishmuratov to respectively 13 years, 15 years and 6 months and 11 years and one month of imprisonment. They were found guilty of terrorism, i.e. to have collectively committed the explosion, which constituted a deadly risk to people, did considerable damage to property and had other dangerous consequences for society with the aim of destroying public security, spreading fear among the population and influencing the authorities’ decision-making

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