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activities of an extremist organization); and 279 (Armed insurrection), also taking into
consideration article 30 (Preparing to commit an offence and attempted commission of an
offence). On 5 December 2006, criminal proceedings No. 606008 were instituted against Mr.
Rafikov by the investigations branch of the Republic of Tatarstan office of the Federal Security
Service. In accordance with the rules of the Russian Federation Code of Criminal Procedure, as a
measure of restraint imposed on the defendant, the court of the Republic of Tatarstan ordered
remand in custody, and this custody has since been extended by the court to 5 August 2007.
227. During detective operations, it was established that, when Mr. Rafikov learned of the 14
February 2003 decision of the Supreme Court of the Russian Federation declaring the so called
“Islamic Freedom Party” (“Hezb’-ut-Tahrir al-Islami”) a terrorist organization and banning it
from the territory of the Russian Federation, he had systematically organized and conducted
extremist activities in the interests of the said banned organization in the Republic of Tatarstan,
laying the groundwork for the perpetration of acts designed to bring about violent change of the
constitutional order of the Russian Federation. These activities led to his being charged with the
commission of the offence covered by article 278 (Preparations for the forcible seizure of power
or forcible retention of power) of the Criminal Code of the Russian Federation.
228. Mr. Rafikov’s involvement in the perpetration of offences with which he is charged is
corroborated by the evidence gathered on his case. Pursuant to a judicial order of 7 December
2006, Mr. Rafikov’s home was searched and extremist materials seized. During the search, books,
leaflets, pamphlets and other publications on the activities of the Islamic Freedom Party were
found. The search was conducted in compliance with the requirements of criminal procedure law.
Other searches carried out in the homes of 13 active members of the “Islamic Freedom Party”
revealed material containing information on the activities of the said organization. In addition,
plans and 1 kilogram of aluminium powder, which serves for the manufacture of home-made
explosive devices, were found. The searches of the homes of the accused, including Mr. Rafikov,
were carried out by a detective from the investigations branch of the Republic of Tatarstan office
of the Russian Federal Security Service. During these searches, no comments or statements by
the investigative officers were recorded in the search report.
229. Mr. Rafikov was transferred to pre-trial detention centre No. 1 of the State headquarters
of the Russian Federal Corrections Service for the Republic of Tatarstan and, upon admission to
this facility, underwent a medical check-up and examination. He did not report any health
complaints.
230. On 21 March 2007 and 11 April 2007, Mr. Rafikov sought medical attention from the
medical service of the pre-trial detention centre, in response to which he was given medical
examinations and prescribed the appropriate treatment for his conditions. He was placed under
medical observation by specialists at the medical service of pre-trial detention centre No. 1 for
the illnesses from which he was suffering. Currently, Mr. Rafikov is in satisfactory health and
shows no sign of aggravation of these chronic illnesses. The allegations that obstacles have been
placed in the way of Mr. Rafikov receiving medical assistance are unfounded. No requests for
medical checks have been submitted to the authorities at the pre-trial detention centre or to the
investigative authorities either by the accused or by his relatives.
231. The claims that staff at the district medical unit refused to issue medical records to Mr.
Rafikov’s relatives have been investigated and found to be baseless. Upon his request, Mr.