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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