The Indictment of Umar Israilov Murder
We present you the non-official English translation of Austrian Public Prosecutor’s indictment in the murder of Chechen refugee Umar Israilov that occured on 13 January 2009.
REPUBLIC OF AUSTRIA
PUBLIC PROSECUTOR’S OFFICE IN VIENNA
Phone: +43 (1) 40127
Fax +43 (1) 4027911
The Public Prosecutor’s Office in Vienna accuses
1. Otto KALTENBRUNNER, formerly known as Ramzan EDILOV, born June 26 1968 in GROZNY, Russian Federation, Russian citizen (convention refugee), divorced, insurance broker, address Daniel-Gran-Straße 4, 3100 ST. PÖLTEN, currently on remand in Vienna at the Landesgericht für Strafsachen due to this case
2. Suleyman Salmanovich DADAEV, alias Muslim DADAEV, born December 25 1973 in GROZNY, Russian Federation, Russian citizen (convention refugee), unmarried, unemployed, address Kreisbacher Straße 25, 3150 WILHELMSBURG, currently on remand in Vienna at the Landesgericht für Strafsachen due to this case
3. Turpal-Ali YESHURKAEV, born December 30 1978 in BELORECHYE, Russian Federation, Russian citizen (convention refugee), unmarried, unemployed, no address in Austria, currently on remand in Vienna at the Landesgericht für Strafsachen due to this case
of having committed the following offences:
Between the beginning of November 2008 and January 1st 2009 the men named below willingly and intentionally ran a criminal organisation together with Letscha BOGATIROV, whose offences are being dealt with in a separate trial. Their organisation was expected to continue for a long period of time and consisted of more than two people. Its goal was to attack Umar ISRAILOV, thereby threatening his life and freedom. He was to be kidnapped and taken out of Austria, where he was to be handed over to the authorities of the Russian republic of Chechnya. If the plan could not be carried out, murder was seen as an alternative. These acts constitute the offence of abducting and deporting a person to a foreign power according to § 103 Austrian StGB and, in the case of murder, § 75 Austrian StGB. The following men ran the organisation and took part in the named offences:
A. Otto KALTENBRUNNER:
In charge of the operation, prepared and coordinated the operation logistically, maintained contact with the Chechen leadership. Furthermore at some point before 15.12.2008 he ordered Suleyman Salmanovich DADAEV to observe Umar ISRAILOV and find out information about his daily routines. Numerous meetings and phone calls with Suleyman Salmanovich DADAEV and Letscha BOGATIROV in ST. PÖLTEN and other places between 5.1.2009 and 12.1.2009 were made to help plan and organise the offence. On numerous occasions between 6.1.2009 and 13.1.2009 KALTENBRUNNER let DADAEV and BOGATIROV stay in his flat in ST. PÖLTEN. The last time they stayed there was the night of the 12th to the 13th January 2009. It was also KALTENBRUNNER who in ST. PÖLTEN on 7.1.2009 told Schamchan MAZHIDOV (against whom investigations have been closed) to buy two prepaid phone cards (BOB SIM Package). He gave one of these to Letscha BOGATIROV, and kept the other for himself. This was to enable phone calls between the group of offenders to be made anonymously and hard to track. These prepaid cards were used to make numerous phone calls to helped plan and prepare the offence. After a phone call on 13.1.2009 informed him of ISRAILOV’s death he drove using Letscha BOGATIROV’s five series BMW, number plate LL-645FZ, from ST. PÖLTEN to SOLLENAU. Here he picked up Suleyman Salmanovich DADAEV and Letscha BOGATIROV and so helped them escape. He then made a rough agreement with the aforementioned individuals on a statement, before seeing no other possibility than to turn himself over to the police.
B. Suleyman Salmanovich DADAEV:
Took part in the planning and preparation of the offence in numerous meetings held in ST. PÖLTEN and other places, and via phone calls with Otto KALTENBRUNNER and Letscha BOGATIROV. He was in charge of spying on Umar ISRAILOV at the place where he lived. One of his tasks was then to provide direct assistance to the offenders. It is clear that at least on December 15th, 19th, 22nd, 25th, 26th, 27th and 31st, 2008, and January 2nd, 3rd, 4th, 5th, 10th, 11th, and 12th, 2009 he was near Umar ISRAILOV’s home in Leopoldauer Straße 31, 1210 VIENNA. He spent this time gathering the necessary information about ISRAILOV’s daily routines to plan the offence. Furthermore in the night from the 12th to the 13th January 2009 he met Kosum YESHURKAEV’s brother Turpal Ali YESHURKAEV in Kosum YESHURKAEV’s garage in SOLLENAU and recruited him for the offence. On 13.1.2009, after Umar ISRAILOV’s murder, he called Turpal Ali YESHURKAEV on the phone to organise a pick up point for him and BOGATIROV. He then picked them up with his car and drove them to the car park in 1220 VIENNA, on the corner of Erzherzog-Karl-Straße and Donaustadt-Straße from where they continued their escape together.
On 13.1.2009 the following men together with Letscha BOGATIROV, whose case is being dealt with separately, consciously and willingly tried to hand over Umar ISRAILOV -who lived in VIENNA at the time- against his will, to the authorities of the Russian republic of Chechnya, that is, to a foreign power. This original plan had to be dropped due to unexpected resistance on the part of the victim. Instead, ISRAILOV was murdered, an option that had been considered during the planning of the offence. The following men took part:
A. Suleyman Salmanovich DADAEV:
He repeatedly called Turpal Ali YESHURKAEV in the morning to tell him to drive to VIENNA in his car. He parked his car in Siegfriedgasse 9-11 in 1210 VIENNA at six thirty in the morning and stayed watching Umar ISRAILOV’s home, the plan being that Letscha BOGATIROV and Turpal Ali YESHURKAEV would get hold of Umar ISRAILOV and that he would then drive off with them. In the case that something went wrong with the plan and ISRAILOV had to be killed, he would also be ready to help BOGATIROV and YESHURKAEV escape. At 11:53:12 he called Turpal Ali YESHURKAEV to tell him that ISRAILOV was leaving his house. Close by, YESHURKAEV and Letscha BOGATIROV were waiting to kidnap Umar ISRAILOV. DADAEV then immediately moved his car nearer to BOGATIROV and Turpal Ali YESHURKAEV. He then prepared himself to drive off as soon as they got into his car, and to transport ISRAILOV if he was with them.
B. Turpal Ali YESHURKAEV:
After being told to do so by DADAEV and BOGATIROV he positioned his car in Leopoldauer Straße 33 in 1210 Vienna near Umar ISRAILOV’s home. This was to ensure that after ISRAILOV had been overpowered, he could be placed in the car. He waited together with Letscha BOGATIROV close to Leopoldauer Straße Nr 26 where he had a handgun ready in order to overpower and kidnap Umar ISRAILOV, or, if this was not possible, kill him. He and Letscha BOGATIROV then went to talk with ISRAILOV. ISRAILOV broke away and they followed him with their guns drawn and managed to stop him. ISRAILOV was able to escape for a second time but collapsed after being shot by BOGATIROV.
On 13.1.2009, the following men assisted Letscha BOGATIROV, whose case is being dealt with separately, in the premeditated killing of Umar ISRAILOV, after they had failed in their original plan to kidnap him. It had already been agreed that if this should occur, ISRAILOV was to be killed. BOGATIROV then fired several shots at his victim who was attempting to escape. Some of these shots went right through the victim’s left hip and abdominal cavity, another one entered his back, whereas another bullet remained stuck in the abdominal cavity. The last bullet entered his body to the left of the spine, passed through the thorax, cut through the diaphragm and injured the spleen and stomach. This caused fatal internal bleeding in the abdominal and thoracic cavities. The offence of murder was then committed by:
A. Suleyman Salmanovich DADAEV due to his actions described in part I.A. and II.A.
B. Turpal Ali YESHURKAEV due to his actions described in part II.B.
Otto KALTENBRUNNER in ST. PÖLTEN and in other places, because at some point between October 2008 and 13.1.2009 he gave Suleyman Salmanovich DADAEV and Letscha BOGATIROV the order to kidnap Umar ISRAILOV, take him from Austria, and hand him over to the authorities of the Russian republic of Chechnya, or, should this fail, to murder him.
On 13.1.2009, he gave his aforementioned Volvo 944 GLE car, registered under his name, number plate P-302 BD to enable them to commit the crime. Furthermore, during the morning he was in constant telephone contact with Letscha BOGATIROV and Suleyman Salmanovich DADAEV, both of whom were waiting near to Umar ISRAILOV’s home, together with Turpal Ali YESHURKAEV, ready to watch over and coordinate the planned attack. He also repeatedly turned down Kosum YESHURKAEV’s requests to let his brother Turpal-Ali YESHURKAEV leave the scene of the offence, although YESHURKAEV phoned him a number of times and tried to convince him to do so. KALTENBRUNNER then called Letscha BOGATIROV a number of times telling him to make sure Turpal Ali YESHURKAEV and his car stayed where they were. Moreover he was ready to help the aforementioned escape after the offence. In addition it was KALTENBRUNNER who decided that the offence should be committed by Suleyman Salmanovich DADAEV and Letscha BOGATIROV (case being dealt with separately). He helped commit the following offences:
A. the offence described under II.B.
B. the offence described under III.
This proves that
Committed the offence of establishing a criminal organisation according to § 278, Abs 1 Austrian StGB.
Committed the offence of attempting to abduct and deport a citizen to a foreign power according to §§ 12 second case, 15, 103 Abs 1 Austrian StGB.
Committed the offence of murder according to §§ 12, second case, 75 Austrian StGB.
Suleyman Salmanovich DADAEV:
Committed the offence of establishing a criminal organisation according to § 278, Abs 1 Austrian StGB.
Committed the offence of attempting to abduct and deport a citizen to a foreign power according to §§ 15, 103 Abs 1 Austrian StGB.
Committed the offence of murder according to §§ 12, third case, 75 Austrian StGB.
Turpal Ali YESHURKAEV:
Committed the offence of attempting to abduct and deport a citizen to a foreign power according to §§ 15, 103 Abs 1 Austrian StGB.
Committed the offence of murder according to §§ 12, third case, 75 Austrian StGB.
All of the following are to be punished pursuant to § 28 Abs 1 Austrian StGB, that is
in accordance with § 75 Austrian StGB.
Suleyman Salmanovich DADAEV:
Taking into account the decision by Landesgericht St. Pölten from 7.1.2010, case number 13 Hv 89/09i in accordance with §§ 31 Abs 1, 40 Austrian StGB, in accordance with § 75 Austrian StGB.
Turpal Ali YESHURKAEV:
Taking into account the decision by Bezirksgericht Favoriten from 4.2.2010, case number 32 Hv 172/06g, in accordance with §§ 31 Abs 1, 40 Austrian StGB, in accordance with § 75 Austrian StGB.
The public prosecutor in Vienna requests:
1.) Principal proceedings be held at Vienna Landesgericht für Strafsachen in the form of a jury trial.
2.) In accordance with § 173 Abs 6 StPO the accused, who are to remain on remand, should be present at the principal
3.) The following witnesses are to be summoned
in conjunction with the planning and preparation of the offence and the actions of the accused after the offence:
In conjunction with the crime scene:
Robert HOLKOVICS, p.A. LVT Vienna;
CI ZEDERBAUER, p.A. LKA Vienna, Crime scene team 4;
KI Gerald EHFRANK,
Insp POSH, p.A. PI Donaufelder Straße;
BI Johannes KRALOVEC, p.A. PI ST. PÖLTEN/Government quarter;
4.) That those involved privately and their representatives are summoned;
5.) That sworn Chechen and Russian court interpreters are provided;
6.) That the relevant experts are summoned:
Assistant Professor Nikolaus KLUPP,
Dr. Christa STEIN;
7.) That the offence is reconstructed and demonstrated.
8.) in accordance with § 252 Abs 2 StPO:
That the documents and reports from the police investigation,, the extracts from the record of convictions, expert’s reports as well as the files on previous convictions are read to the court.
In the course of the events leading up to the collapse of the Soviet Union (USSR) the then Chechen president, Dschochar DUDAJEW, unilaterally declared the sovereignty of the until then autonomous Soviet republic of Chechnya. Neither the Soviet Union nor its successor the Russian Federation recognised this declaration. Between December 1994 and August 1996, during the first Chechen war, Russia tried to bring the breakaway republic militarily back under its control. This proved difficult, because the Chechen fighters had retreated into the mountains from where they led a guerrilla war. Finally, in August 1996, the Chechens managed to retake GROZNY. Russia then signed a peace treaty with Chechnya, a treaty which left the issue of Chechnya’s sovereignty untouched. The Russian troops withdrew and Chechnya was de facto left to govern itself. Aslan MASCHADOW, initially considered moderate, became president in 1997. But he was unable to withstand the growing pressure from extremist Islamist groups (Wahabists). From inside Chechnya they also attacked the bordering Russian republic of Dagestan. It was these terrorist attacks on Russian soil, combined with the heavy fighting that accompanied the incursion of Wahabist troops led by Schamil BASSAJEW into Dagestan, which triggered the second Chechen war. It began on 1.10.1999. Unlike the first Chechen war Russia only needed a matter of months to successfully bring large parts of Chechnya militarily under its control. The Chechen government around MASCHADOW together with the Islamist groups retreated into the inaccessible mountains in the south of the country and again began applying guerrilla warfare tactics. They directed their attacks against Russian troops, but a number of spectacular attacks were also led against civilian targets. Russia responded to the Chechen guerrilla with a broad “antiterror campaign”. In its course several leading figures of the Chechen resistance were killed, among them Aslan MASCHADOW, who was killed in March 2005. The Chechen presidential elections in October 2003 took place under Russian control. The elections were overshadowed by accusations of manipulation and were won by the pro-Russian candidate Achmad KADYROW, who was later assassinated in May 2004. His son Ramzan Achmatowitsch KADYROW, who was born in 1976 first became well known as a commander of the armed group called “Kadyrowzy”. This group has been repeatedly accused of committing crimes against civilians. In March 2006 Ramzan KADYROW became Chechnya’s prime minister and in March 2007, after his thirtieth birthday he was appointed president. Since then Ramzan KADYROW has promoted the reconstruction of Chechnya. Massive Russian financial aid is financing this effort and he now officially encourages the return of the Chechen diaspora which fled to many parts of the world due to the conflicts. Nonetheless he is suspected of having ordered the assassination of several exiled Chechen leaders. In the last couple of years the situation in Chechnya has stabilised; the number of terrorist attacks and incidents of armed fighting have declined. Despite this a number of rival rebel groups with sometimes quite differing ideologies and aims continue to exist. Currently the most well known of these is the group of Wahabi Islamist fighters led by Doku Umarow. He has claimed responsibility for the terrorist attacks on the Moscow underground on 29.3.2010 and is a former companion of Aslan MASCHADOW.
Otto KALTENBRUNNER, the first of the accused, was born on June 26 1968 in the Chechen capital of GROZNY. He was born as Ramzan EDILOV, but changed his name on 31.1.2006. Among Chechens he is known as Shurik. KALTENBRUNNER is a Russian national. On 6.5.2005 he illegally entered Austria seeking political asylum, which he was granted on 29.12.2005. While married to Monika (nee Zulaj) KALTENBRUNNER had three children, two of whom are still minors. He is now divorced. Recently he worked as a self-employed insurance broker and second-hand car dealer, and according to his own estimates, he earned a monthly net income of around €1,500. He has no criminal record. It is believed that between 1998 and 1999 KALTENBRUNNER was employed as the director of finances of President MASCHADOW’s presidential guards. During his asylum application he stated that between 2000 and 2004 was repeatedly arrested and tortured by Russia’s domestic secret service (FSB). He stated that the FSB had hoped he would be able to lead them to MASCHADOW. He also stated that after he had been severely abused and seen his brother murdered, he decided to flee Chechnya with his family. Nevertheless KALTENBRUNNER was soon known among Chechens as a follower of the Chechen president Ramzan KADYROW, and the diaspora believed he had been ordered to collect information on Chechens living in Austria. His activities demonstrate that he at least indirectly supported KADYROW’s regime. In summer 2008 he founded the Tschetschenischer Kulturverein (Chechen cultural association). Ostensibly the association was set up to organise cultural events and meetings for members of the Chechen diaspora. Nonetheless, in spite of his diametrically opposed political views, individuals such as Suleyman Salmanovich DADAEV were able to become members of the association’s organising committee. In reality it seems KALTENBRUNNER only started the association, because he hoped it would help him collect information on Chechens living in and around ST. PÖLTEN, information which he would then pass on to the Chechen government. Demonstrative of this is the way in which he tried to make other Chechens join his association. So for example he called Raman DADUJEV 21 times between 2.10.2008 and 31.10.2008, with the aim of winning him over for his association – DADUJEV never called back during this time. Between 26.11.2008 and 9.12.2008 several more calls were made between the two- DADUJEV only made one of these calls. Yet when he did so it was only to call KALTENBRUNNER back moments after the two had spoken with each another – more than likely the line had been cut during their previous conversation. This suggests that it was extremely important for KALTENBRUNNER to win DADUJEV’s support. Photographs found on KALTENBRUNNER’s mobile phone prove that not only does he know KADYROW, but that they are actually friends. The photographs show him in a warm embrace with KADYROW clearly in a private setting.
Suleyman Salmanovich DADAEV is the second of the accused and was born on 25.12.1973 in GROZNY. When dealing with the Austrian authorities his record shows he has until now, used the alias Muslim DADAEV, claiming his date of birth to be 25.12.1980. Among Chechens he uses the nicknames Surcho and Bumerang. DADAEV is not married but lived with his girlfriend Sazita JEKHIEVA in Kreisbacher Straße 25, 3150 WILHELMSBURG. They have two children, both of whom are minors. He received approximately €630 in monthly state benefits and has no other income or assets. DADAEV was convicted twice under his alias. He was convicted on 6.11.2005 by the Landesgericht in Wiener Neustadt; the decision became legally binding on 13.3.2006. He was sentenced to a four month conditional suspended prison sentence for threatening behaviour in accordance with § 107 Abs 1 Austrian StGB (case number 38 Hv 98/05h). On 7.1.2010 he was sentenced by the Landesgericht in St. Pölten to a 10 month conditional suspended sentence in accordance with § 288 Abs 1, Abs 4 Austrian StGB(case number 13 Hv 89/09i)for making a false statement. §§ 31 Abs 1, 40 Austrian StGB stipulates that this sentence be taken into account in this case. Because of its relevance the details of that case will be discussed later. As to his biography, DADAEV stated that he studied at GROZNY’s petroleum university after which he attended WOLGOGRAD’s military college. He stated that after the first Chechen war he began working for Chechnya’s police or secret service. In 1998 he was invited by Dokku UMAROV to take part in a Taliban training camp in PESCHAWAR in Pakistan. There he said he learnt “how to kill without being killed”. He also learnt to drive military vehicles and fly a helicopter. He claims he had no contact with Al-Qaeda. He received intelligence training from former KGB agents. He alleged that after the second Chechen war he worked for MASHADOW and UMAROV in a special unit belonging to the Republic of Chechnya’s highest court of Sharia law. In 2003, as the best man of his unit, he was sent on a special mission to Western Europe: 25 million US Dollars had been transferred from Saudi Arabia to help the fighters in Chechnya, but only 15 million had ever arrived and he was to find out what had happened to the money. His investigations brought him to the Czech Republic, were he was detained for six months waiting to be deported. Finally he travelled to NICE (France), where he had located the intermediary. They agreed that if the intermediary were to hand over the money, nothing would happen to him. To ensure this could happen DADAEV said he even killed a member of a command group sent by Dokku UMAROV to torture and kill the intermediary in Nice. After DADAEV had completed his mission he said he had wanted to return home, but UMAROV told him to stay on in Europe. This led him to apply for political asylum in Austria using the fake identity Muslim DADAEV. Over time he managed to bring his brothers, girlfriend and children to Austria. Much of his account is probably false, although it seems safe to say that he did receive some kind of military or secret service training. DADAEV is classed as a strict follower of Dokku UMAROV’s fighters and a declared opponent of KADYROW.
The third of the accused, Turpal-Ali YESHURKAEV (also: JESCHURKAYEV or YESHURKAEW) was born on 30.12.1978 in BEORECHYE, GUDERMES in the Russian republic of Chechnya. He is unmarried, has no children or family members to care for, is unemployed and has neither income nor assets. Kosum YESHURKAEV, alias JESCHURKAEW, is his older brother. The part his brother played will be discussed later. On 1.2.2009 or 2.2.2009 Turpal Ali YESHURKAEV left Austria for Chechnya and therefore no longer has an address in Austria. He was tried in absentia on 12.2.2009 under 32 U 172/06g by the Bezirksgericht in Favoriten and sentenced on drug charges in accordance with § 27 Abs 1 Z 1 first and second case, Abs 2 SMG, for burglary and attempted burglary in accordance with §§ 127, 15 Austrian StGB and for an offence under § 50 Abs 1 WaffenG. He was fined an equivalent of 80 days imprisonment rated at €2 per day. Alternatively, or in the event that he refused to pay, he was to be sentenced to 40 days imprisonment. This sentence is also related to the current case, and in accordance with §§ 31 Abs 1, 40 Austrian StGB, it should also be taken into account. Very little of YESHURKAEV’s biography is known, especially concerning his political or military past. Although it is clear that he regularly used drugs during his time in Austria.
Letscha BOGATIROV, whose case is being dealt with separately, was born on 14.3.1975 in ATSCHKOI, Chechnya. Little is known about his life. In his asylum application he stated that he had actively taken part in the first Chechen war. During the second war, he had “helped whoever had needed help”. According to unconfirmed information he was viewed by Chechen politicians as their “man for the dirty work”. Apparently he was involved in all kinds of acts of violence including contract killings. On 6.6.2005, BOGATIROV came to Austria and applied for political asylum. A court ruling rejected his appeal for asylum and he was to be deported. He then appealed against this decision at the Verwaltungsgerichtshof. During his time in Austria, BOGATIROV stayed in the region close to STEYR where he lived with his family. He fled from Austria on 17.1.2009 and has been in Chechnya ever since.
Schamchan MAZHIDOW, whose case has been closed, was born on 1.9.1974 in GERMENCHUK in Chechnya. He has been in Austria since 2004 and has convention refugee status. MAZHIDOW was always close to KALTENBRUNNER and his inner circle, and KALTENBRUNNER used him as an “errand boy” for various jobs. It is possible, although doubtful, that MAZHIDOW was not directly involved in the planning and preparation of the murder. Instead he may have only done what he had been instructed to do by KALTENBRUNNER, without having knowledge of the reasons behind his orders.
Kosum YESHURKAEV (also known as JESCHURKAEW OR JESCHURKAYEV), whose case is being dealt with separately, was born on 5.3.1972 in GUDERMES, Chechnya. He arrived in Austria in December 2003 and applied for political asylum. This was granted in the second instance on 19.11.2007. YESHURKAEV operated a car dealership in SOLLENAU near Wiener Neustadt with a car park and a workshop for repairs. During the course of the investigation it was soon suspected that he had played some role in the offence. In the days leading up to the offence numerous phone calls had been made between him and Otto KALTENBRUNNER, and the two also often met each other during this time. His car park was used by the offenders as a meeting point, as described below. Kosum YESHURKAEV had previously worked as an informer for the LVT Vienna. He had provided information on Shakya TURLAEV’s visit to KALTENBRUNNER in October 2008. On 23.1.2009, after saying that he was going to Belgium, he left for Chechnya and Azerbaijan. During his time on the run he repeatedly contacted the officers investigating this case and finally returned to Austria on 16.11.2009, to await his trial. Although it seems likely that at the very least he took part in the planning stages of the murder, there is not enough evidence to bring charges against him.
Umar ISRAILOV, the victim, was born on 19.11.1981 in MESKERJURT in Chechnya. He was married to Maliza SAGIEVA in a Muslim marriage and leaves behind three children, all of whom are minors. He and his family lived in Leopoldauer Straße 31/10, 1210 Vienna and he worked in a warehouse. It is believed ISRAILOV joined the Chechen separatist fighters in 2001. In April 2003 he was arrested and detained by pro-Russian Chechen security forces acting under Ramzan KADYROW’s orders. During his detainment he was tortured, sometimes by KADYROV himself. It seems then that ISRAILOV was coerced into working for KADYROV as a bodyguard for several months. He has been accused of committing acts of violence during this time, and of ordering others to do so. In November 2004 ISRAILOV allegedly decided to stop working for KADYROW. He left Chechnya and fled to Poland with his wife. On 7.9.2005 he reached Austria via Slovakia, and was granted asylum in the summer of 2007. In 2006 Umar ISRAILOV and his father filed claims before the European Court for Human Rights (ECHR) against the Russian Federation for human rights violations in Chechnya. The proceedings were discontinued after the plaintiffs failed to meet the deadline specified by the court. ISRAILOV had enemies both among KADYROW’s followers and opponents. This was because he had switched sides several times, and due to the acts of violence he is alleged to have committed.
On 31.5.2008 ISRAILOV was contacted in VIENNA by the Russian citizen Artur KURMAKAEV, formerly known as DENISULTANOV, nicknamed Arbi, via his acquaintance Timur ABDULAEV. KURMAKEV claimed to be a businessman from ST. PETERSBURG and directly accused ISRAILOV of embezzling 300.000 US Dollars. He also claimed that ISRAILOV still had this money. Later he revealed the real reason for his presence, explaining to ISRAILOV that he knew of his “problems” with Ramzan KADYROW and that he could help him solve them. The only thing ISRAILOV had to do was withdraw the accusations made before the European Court of Human Rights. In June 2008 the two met several times within a couple of days. KURMAKAEV tried to convince ISRAILOV to travel with him to the Czech Republic. On 8.6.2008, ISRAILOV agreed to meet KURMAKAEV on Danube Island in Vienna. He went there with his two acquaintances Anzor and Beslan. He told KURMAKAEV not to contact him again and even threatened him with a pistol to stress his demands. KURMAKAEV answered by telling him that KADYROW had sent him to reach an agreement concerning the claims ISRAILOV had filed before the ECHR. He claimed that ISRAILOV would be given money and work if the charges were withdrawn. KURMAKAEV told him that KADYROW had informed KURMAKAEV that he did not want ISRAILOV’s family in Chechnya to “run into trouble”. Finally KURMAKAEV warned ISRAILOV that there were two people in Slovakia “yearning to kill” ISRAILOV and that he should consider all the options before making a decision. The other individuals present took photographs that show KURMAKAEV and ISRAILOV talking to each other. The whole conversation between ISRAILOV and KURMAKAEV was recorded.
On 10.6.2008 KURMAKAEV contacted the Austrian police. He informed the LVT Vienna that he was working for the Chechen president Ramzan KADYROW. He said he was working for a “new department” in charge of repatriating Chechens living abroad. He said KADYROW had ordered him to find Umar ISRAILOV and to return him. ISRAILOV, he had been told, had stolen money, killed two Russian secret service agents (FSB) and four members of Chechnya’s presidential guard, and had sold weapons he had been entrusted with. KURMAKAEV then stated that he had travelled illegally to Austria and got hold of ISRAILOV’s phone number from the Chechen diaspora. After meeting ISRAILOV several times, KURMAKAEV claimed he had convinced ISRAILOV to return to Chechnya. KURMAKAEV said two members of Chechnya’s presidential guard had accompanied him. If necessary it would have been their job to kidnap ISRAILOV and return him to Chechnya, but KURMAKAEV claimed he had not needed their services and had sent them back to Chechnya. On 9.6.2008 KADYROW allegedly called him and told him that “the situation had changed” and that it was no longer necessary to return ISRAILOV to Chechnya. He also told KURMAKAEV that he was now free to decide what he wanted to do. He claims he was unable to decide and so contacted the Austrian authorities for help. On 19.6.2009 KURMAKAEV was arrested on immigration charges and on 20.6.2008, according to his own wishes, was put on board a flight to MOSCOW. His current location is unknown.
On 05.08.2008 Suleyman Salmanovich DADAEV, using his alias Muslim DADAEV made a statement at Wilhelmsburg police station. He alleged that on 04.08.2008 he had been contacted in WILHELMSBURG by a Russian citizen using the nickname Arbi, and two other individuals, who were also clearly Russian. He said he had been told to work for the Russian secret service, either in Austria or in Chechnya, if he did not do so Arbi had threatened to kill him or his family. He also said that Arbi had threatened him with a knife. DADAEV said he had managed to grab the knife and stab Arbi in the left forearm. One of Arbi’s companions had then attacked him, but DADAEV stabbed him in the breast, severely injuring him. DADAEV said he then fled, and had seen his attackers drive off in a car. There are several inconsistencies in his account. So for example no blood was found at the location where the attack supposedly took place. DADAEV explained this by claiming his attackers were members of the Russian secret service, and so would obviously have been able to clean up traces of blood using sulphuric acid. Further investigations demonstrated a connection between the incident described above, and KURMAKAEV and ISRAILOV. On 09.08.2008 DADAEV gave the Lower Austrian LVT a memory card claiming there were pictures of Arbi on it. Before the images on the card were inspected, he was shown a number of other photos. Among these was a picture of KURMAKAEV taken during questioning. DADAEV said he recognised the man but denied that he had been attacked by him. When the photographs on the memory card were inspected it became clear that they had been taken on the Danube island, on 08.06.2008, during KURMAKAEV’s meeting with ISRAILOV. It could not be determined how DADAEV had managed to get hold of these photographs, nor is it clear why he made up this incident. While it raised suspicion against KURMAKAEV, DADAEV also denied that KURMAKAEV had attacked him. It was this accusation which led to his sentencing by Landesgericht St. Pölten for false testimony. By this time the police already suspected DADAEV had made up the incident in order to present himself as the victim. He was later to use this event to justify the violent acts he went on to commit. His responsibility for the crimes dealt with in this case, in which Artur KURMAKAEV plays a central role, must also be seen in this light.
On 22.10.2008 a Chechen “delegation” consisting of Shaa (also: Shakya) TURLAEV and Umar SUGAIPOV arrived in Austria. TURLAEV used to be a resistance fighter. Since then it seems he has become one of Ramzan KADYROW’s closest confidants. Among Chechens he is revered as a war hero, mostly due to him loosing a leg in the war. SUGAIPOV also worked as an advisor to Ramzan KADYROW, in spite of having been granted political asylum in the UK. The two men were received at Vienna’s Schwechat airport by Otto KALTENBRUNNER, Schamchan MAZHIDOW and Letscha BOGATIROV among others. This was the first time Letscha BOGATIROV could be connected to the circle around KALTENBRUNNER. KALTENBRUNNER had organised a reception committee consisting of several people, and brought three cars. TURLAEV then stayed at KALTENBRUNNER’s home in ST. PÖLTEN. The fact that TURLAEV stayed with KALTENBRUNNER was seen by the Chechen community as a clear signal of KALTENBRUNNER’s importance and demonstrative of his loyalty to Ramzan KADYROW.
On 25.09.2008 KALTENBRUNNER, MAZHIDOW and TURLAEV took the train to PARIS. The reason for this trip was to contact leading Chechen figures living there. MAZHIDOW had already returned home on 26.10.2009 due to familial reasons. TURLAEV and KALTENBRUNNER then travelled on to STRASBOURG, another “stronghold” of the Chechen diaspora, from where they then also returned home.
Officially TURLAEV came to Austria to have a prosthetic leg manufactured. Nonetheless there are several reasons to believe TURLAEV was actually sent by KADYROW to promote Chechen repatriation. The plan was to make members of the Chechen diaspora return home – if necessary by force. The large number of visits he received from Chechens living in Austria during the time he stayed with KALTENBRUNNER underline this fact.
It seems likely that a further reason why TURLAEV visited KALTENBRUNNER was the failure of Artur KURMAKAEV’s mission: meaning it was KALTENBRUNNER who was now responsible for ISRAILOV’s “return” to Chechnya. The idea was to hand over Umar ISRAILOV to the authorities of the Russian republic of Chechnya. After KURMAKAEV had failed to convince ISRAILOV to return (more or less without resorting to violence) it was seen as necessary to take him – if necessary by force – over land to the Russian Federation, via the Czech Republic and Poland. From the outset it was clear that this was a risky plan. Due to KURMAKAEV’s contact with ISRAILOV it was known that ISRAILOV possessed a gun and that he would probably put up considerable resistance against his own kidnapping. This led them to decide that if the primary plan of kidnapping ISRAILOV were to fail, ISRAILOV would have to be killed.
It has not been possible to determine whether Schakya Turlaev was the driving force behind the offence or whether he only acted as KADYROW’s emissary and passed on orders. Be that as it may, he is one of KADYROW’s closest political companions and belongs to the leadership of the Russian republic of Chechnya. It can therefore be assumed that he ordered the offence on behalf of the Chechen Republic. KALTENBRUNNER knew that he would need accomplices to commit the offence so he chose a number of individuals from his closest circle, including – at the very least – Letscha BOGATIROV, and Suleyman Salmanovich DADAEV: KALTENBRUNNER considered DADAEV a close confidant, who for some reason was indebted to him, whereas BOGATIROV seemed a suitable choice because of his political views, and his past. As described above KALTENBRUNNER had already relied on the services of Schamchan MAZHIDOW, but he was considered to be too “soft” and not willing enough to use violence. This led KALTENBRUNNER, DADAEV and BOGATIROV to form a criminal organisation with the aim of planning, preparing and committing the offence described above. Their group was characterised by a high degree of organisation, intensive collaboration, and was designed to enable specific tasks to be distributed between the various parties: Otto KALTENBRUNNER bore the main responsibility for planning and orchestrating the offence, as well as the contact to political leaders in Chechnya, whereas DADAEV and BOGATIROV were responsible for directly carrying out the offence. It is likely that the planning began directly after TURLAEV’s visit.
In November 2008 Otto KALTENBRUNNER travelled to Eastern Europe for the very first time. This was only a few days after Shaa TURLAEV’s departure. Towards the end of November, he returned to Austria, but was outside of the country again between 9.12.2008 and 4.1.2009. His second trip could be traced with the help of the call data record from his mobile phone. He passed through Poland, where he was logged on the 10.12.2008, and went on to Belarus and was there between 11.12.2008 and 12.12.2008. No further data is available until the 3.1.2009, when his mobile phone was logged in Poland. This leads to the conclusion that KALTENBRUNNER did not stay in Belarus all the time, but went on to Russia and specifically to Chechnya. No roaming agreements exist for these areas. It is clear that at least one of the two trips led him to Chechnya, and that KALTENBRUNNER met the Chechen president Ramzan KADYROW there. Two image files were found on KALTENBRUNNER’s mobile phone showing him and KADYROW in a friendly and warm embrace. It is probable that the pictures were taken in one of KADYROW’s residences. Both KALTENBRUNNER and KAYDROW are dressed casually, and a cleaning lady can be seen in the background. She obviously has no relation to the two men. One picture which was clearly made at the same time is time-stamped as being taken on the 21.11.2008 at 22:15:02, the other one was taken on the 24.12.2008 at 12:07:22. Both sets of data correspond with the journeys made by KALTENBRUNNER. The photos were most likely made on the 21.11.2008. The later date could be the result of subsequent editing, leading to the conclusion that KALTENBRUNNER in fact had actually been in Chechnya at least during his first trip. The photos demonstrate that KALTENBRUNNER is personally and intimately acquainted with and probably a close friend of KADYROW. If this were not the case he would not have been permitted to meet him in such private circumstances.
It is certain that planning of the offence began on the 15.12.2008. It was this day, shortly after KALTENBRUNNER had gone abroad again, that Suleyman DADAEV began the regular and systematic surveillance of Umar ISRAILOV’s home address in Leopoldauerstraße 21/10, 1210 VIENNA. His mobile phone’s call data record demonstrates that he was in the direct vicinity of ISRAILOV’s home at least on the following dates and times: 15.12.2008 from 16:42 to 17:54; 19.12.2008 at 15:06; 22.12.2008 from 19:13 to 21:12; 25.12.2008 from 15:14 to 20:28; 26.12.2008 at 18:39; 27.12.2008 from 18:53 to 19:25; 31.12.2008 from 20:09 to 22:59; 2.1.2009 from 18:41 to 18:50; 3.1.2009 from 17:40 to 19:04; 4.1.2009 from 17:18 to 18:26; 5.1.2009 from 11:24 to 20:50; 10.1.2009 from 10:20 to 10:25; 11.1.2009 from 14:23 to 19:53; and 12.1.2009 from 18:58 to 19:53. This surveillance was supposed to provide concrete data about ISRAILOV’s daily habits and routines in order to plan the offence accordingly. The surveillance did not go unnoticed by Umar ISRAILOV, and he informed his refugee support officer FRANK, that he was being observed by a certain Surcho, the name by which DADAEV is known among Chechens. This information was also passed on to the LVT Vienna by FRANK.
After KALTENBRUNNER’s return to Austria on 4.1.2009 a number of activities were set in motion which marked the start of the direct planning stage of the offence. In fact even on the day before, b on the 3.1.2009 KALTENBRUNNER had already called Kosum YESHURKAEV during his journey through Poland. On the next day, the two tried to contact each other again numerous times, and spoke at least once. Although Suleyman Salmanovich DADAEV had not tried to call KALTENBRUNNER at all during his second stay abroad, he called him on 4.1.2009 at 19:19. This was only 20 minutes after crossing the Austrian border. This can only mean that he had detailed knowledge of KALTENBRUNNER’s travel itinerary. That same evening he visited KALTENBRUNNER at his home address, probably in order to inform him of the results of the surveillance measures.
On 5.1.2009, KALTENBRUNNER and BOGATIROV met for the first time since his return. At 17:17 BOGATIROV phoned KALTENBRUNNER, presumably to inform him that he was about to arrive – as he was also logged close to KALTENBRUNNER’s home address in ST. PÖLTEN. He then stayed there until at least 19:30, after which he began his journey home travelling towards Steyr. At around 09:00 the next day he then left again, and travelled towards St. Pölten.
On the same day (5.1.2009), after KALTENBRUNNER had asked him to do so, Schamchan MAZHIDOW picked up KALTENBRUNNER’s Volvo 944 GLE at Kosum YESHURKAEV’s garage in SOLLENAU. KALTENBRUNNER had brought it in for repairs in the time between his two stays abroad.
On 6.1.2009 KALTENBRUNNER was with Schamchan MAZHIDOW in SOLLENAU where he met Kosum YESHURKAEV, both men’s phones were logged by the same mobile phone mast at that time. BOGATIROV Letscha was probably also present at this meeting as he was logged on the route between St. Pölten and Sollenau at the same time as KALTENBRUNNER. Later he was logged in St. Pölten again at almost the same time as KALTENBRUNNER, and close to his flat. BOGATIROV probably stayed there over night on 7.1.2009 as well.
On 6.1.2009 Suleyman Salmanovich DADAEV and Alchazur MAZAJEV travelled to BRATISLAVA. According to his own account, he had tried unsuccessfully to purchase a weapon. It is not clear whether MAZAJEV knew about his plan, but without evidence to suggest otherwise, it must be assumed that he did not. After his companion had left him in HINTERBRÜHL, he continued on to ST. PÖLTEN to meet KALTENBRUNNER, with whom he had spoken during his visit to Slovakia. It should be assumed that KALTENBRUNNER knew about the purpose of the journey and that DADAEV had informed him about it afterwards.
On 7.1.2009, KALTENBRUNNER twice withdrew €500 from his bank account with the Volksbank Niederösterreich Mitte, account no. 37105970000. This was the first withdrawal made from this account since the beginning of December 2008. It then seems likely that this money represents the “operational budget”. That same day KALTENBRUNNER asked Schamchan MAZHIDOW to buy two anonymous prepaid mobile phone cards. Specifically, he asked him to buy two “starter packages” costing 40€ which came with 20€ credit. He gave him 100€ in cash in order to do so, and told him that he would need the two cards for his children. As usual MAZHIDOW carried out the task without asking too many questions and bought two prepaid “BOB SIM Package” cards that afternoon. The two cards he received were ascribed the following consecutive phone numbers 0680/3126204 and 0680/3126205. He gave KALTENBRUNNER the cards directly afterwards. Because of the central importance of these prepaid cards to the whole case, from now on the phone number 0680/3126205 will be referred to as “BOB1”, and the phone number 0680/3126204 as “BOB2”. These cards are also referenced as such in the case files. On the same evening KALTENBRUNNER gave the prepaid card “BOB2” to Letscha BOGATIROV who once again stayed with him in ST.PÖLTEN, this time until around 19:45. He then returned to STEYR. The prepaid card was activated on Jusup KHALADOV’s mobile phone on 7.1.2008 at 22:23. KHALADOV is one of BOGATIROV’s acquaintances. Afterwards BOGATIROV used it in his mobile phone (IMEI number 3595360146837908) instead of his old SIM card with the phone number of 0676/7754146. By this time KALTENBRUNNER had already activated “BOB1”. He used it at 19:51 for the first time, clearly in order to summon Suleyman DADAEV to his place. DADAEV then left for ST.PÖLTEN, where he stayed until around midnight. Alongside BOB1, KALTENBRUNNER also continued to use a mobile phone registered to the D.A.S. legal expenses insurance company, where he had worked until 25.07.2008 as an insurance salesman. The phone’s number is 0676/883276253 (VPN, identical to phone number 0676/4645582). It is assumed that BOB1 and BOB2 were bought with the aim of concealing the communication between Otto KALTENBRUNNER, as head of the group of offenders, and Letscha BOGATIROV as the main figure responsible for carrying out the offence. This leads to the conclusion that by this point, the offence had already at least been partially planned. This was probably due to the knowledge gained by the surveillance carried out by DADAEV. In this context it appears astonishing that DADAEV had not been given an anonymous prepaid card, but instead continued to use his own mobile phone with the number 0664/1128908. This phone is registered in his wife’s name – Jekhieva SAZITA. The reasons for this are unknown; it is possible that DADAEV was either not considered especially worthy of protection, or that he felt secure as he was not going to be at the scene of the offence itself.
On that same day (7.1.2009), Turpal Ali YESHURKAEV bought a car – an old Opel Astra (translator’s note: Vauxhall Astra). This vehicle was used for the actual offence, afterwards it was deregistered and it has not been located since. It is unlikely that the purchase of the car was linked to the offence, as otherwise Turpal Ali YESHURKAEV would not have registered it in his own name. Furthermore, there is no evidence which suggests that he had already been part of the group of offenders by this point.
On 8.1.2009, KALTENBRUNNER and MAZHIDOW travelled once more to SOLLENAU. At around 15:10 they met Kosum YESHURKAEV there. They stayed until around 17:15 after which they returned to ST. PÖLTEN. At around 21:00 KALTENBRUNNER went to WIENER NEUSTADT once more, this time accompanied by Suleyman DADAEV. KALTENBRUNNER was in SOLLENAU again the next day, at least between 19:20 and 19:40. This time he was accompanied by Letscha BOGATIROV, who had come to KALTENBRUNNER’s home in ST. PÖLTEN at around 14:00, just before their departure. He did not use his phone until after his return from their journey. Therefore it was impossible to determine his location, but it was more than likely SOLLENAU. Later that evening BOGATIROV visited KALTENBRUNNER once again and stayed until shortly before midnight: his mobile phone was logged in the same area as KALTENBRUNNER’s home address in ST. PÖLTEN.
In the middle of the night between the 9.1.2009 and 10.1.2009, KALTENBRUNNER went to WIENER NEUSTADT to meet Kosum YESHURKAEV once again. During the journey there he spoke to Letscha BOGATIROV at 02:34, whom he called again at 07:30 the next morning. During the call he was logged close to Kosum YESHURKAEV’s home address. It can therefore be assumed that he stayed there over night. Letscha BOGATIROV, on the other hand, stayed at Ruslan KADIEV’s flat in BADEN.
On the morning of the 10.1.2009, KALTENBRUNNER, Suleyman Salmanovich DADAEV and Kosum YESHURKAEV met in YESHURKAEV’s garage in SOLLENAU. Their mobile phones were logged in this area at roughly the same time, between 10:20 and 10:25. DADAEV drove back to WILHELMSBURG at around 14:40. He took a detour passing through central ST. PÖLTEN, meaning KALTENBRUNNER was with him and that he had been dropped off on the way. After a short stay at home, he drove back to Umar ISRAILOV’s address in Vienna to continue his observation. On the way to Vienna he had passed through HINTERBRÜHL and stopped at Alchazur MAZAJEV’s home. The surveillance was to last until 22:30. On the way back KALTENBRUNNER called him to check how it had gone. The log data shows that DADAEV stayed over night at MAZAJEV’s home as the last call he made in the evening of 10.1.2009,and the first call he made the next morning were made from HINTERBRÜHL. Shortly after midday on 11.1.2009, he travelled again to VIENNA, this time with MAZAJEV in order to continue the surveillance of ISRAILOV’s home address. He stayed there until around 20:00. It is not clear whether MAZAJEV was informed of the purpose of the surveillance, nor is it clear if he participated in it, but without evidence to suggest otherwise it must be assumed that he did not.
On 12.1.2009 DADAEV went once again to VIENNA. This time the aim was not only to observe ISRAILOV, but also to meet an unknown individual in the home for refugees in Robert-Hamerling-Gasse 7, 1150 VIENNA. After that his mobile phone was switched off until around 15:00, when he switched it on again in ST. PÖLTEN and immediately called Otto KALTENBRUNNER on BOB1.
Furthermore, on the 12.1.2009 Letscha BOGATIROV left ST. PÖLTEN at 14:40 for IMBERG. During the journey he made three calls to unknown individuals in the Czech Republic. The context leads to the conclusion that these calls were to coordinate ISRAILOV’s transfer to the Czech Republic or at least served as part of its preparation. At around 16:30, BOGATIROV was once again close to KALTENBRUNNER’s home address. Between 15:03 and 15:10, KALTENBRUNNER made a total of 12 calls to Kosum YESHURKAEV from the mobile phone registered in his name (0699/1018234). Each time he cut the connection only after a matter of seconds, and then called YESHURKAEV’s girlfriend Inna IWANOWA. This can only mean that KALTENBRUNNER wanted to talk to YESHURKAEV about a very urgent matter. It is likely that he had already managed to pass this on to YESHURKAEV, as at 15:30 YESHURKAEV tried to call him back on BOB1. After KALTENBRUNNER had tried to call him back twice, they finally spoke at 15:38. KALTENBRUNNER asked Kosum YESHURKAEV to come to his place. This is evident in the fact that immediately after the call YESHURKAEV drove to ST. PÖLTEN passing through Helenental and ALTLENGBACH on his way. He arrived at around 16:20. As he called BOB1 once again at 16:57, it can be assumed that he did not meet KALTENBRUNNER until after this time. According to YESHURKAEV, he came to KALTENBRUNNER accompanied by Bucharu SALAMOV – SALAMOV had wanted to use KALTENBRUNNER’s contacts to KADYROW in order to arrange a private meeting with him. He stated that neither BOGATIROV nor DADAEV were present at the meeting. But as both were logged close to KALTENBRUNNER’s address at this time, it is more than likely that they were, and that the meeting had had a very different purpose than the one claimed by YESHURKAEV. Kosum YESHURKAEV stayed at KALTENBRUNNER’s until around 18:30 at the latest, as KALTENBRUNNER tried to call him via BOB1 at 18:41 during his journey to VIENNA. On the way he passed through PYHRA and PURKERSDORF. BOGATIROV and DADAEV departed together at around 18:00, leaving ST. PÖLTEN for Umar ISRAILOV’s home in VIENNA in order to familiarise themselves with the local conditions for one last time. During the journey and their stay in ST. PÖLTEN, BOGATIROV used BOB2 to call KALTENBRUNNER several times on BOB1. This leads to the conclusion that they were discussing the last details and clearing up any unresolved questions regarding the offence. After completing this last surveillance, both returned directly to KALTENBRUNNER’s place where they arrived at around 22:00. It seems likely that the decision to carry out the offence on the next day was made at this point, at the latest. After a short stay of about 45 minutes at KALTENBRUNNER’s, all three drove together to SOLLENAU where they arrived at Kosum YESHURKAEV’s car park at around midnight. YESHURKAEV had been in VIENNA until around 23:15, but had not approached the area close to ISRAILOV’s home address. Further surveillance can therefore be ruled out. By the time KALTENBRUNNER’s group arrived in SOLLENAU, he was also there. A large group of Chechens had gathered at the car park, including Shaid BAZURKAEV and Turpal Ali YESHURKAEV. There is no conclusive evidence which suggests the actual purpose of KALTENBRUNNNER’s, DADAEV’s, and BOGATIROV’s trip to SOLLENAU. But the fact that they made the long journey there and back, in the middle of the night preceding the offence, nevertheless provides a strong indication that the meeting with YESHURKAEV played an important role in the run up to the offence. Assuming that Kosum YESHURKAEV was not involved in planning the offence, it is plausible to assume that the offenders were trying to work out whether he knew of their plans, and if so, to make sure he would not inform the police. Another indication that points in this direction is the fact that Letscha BOGATIROV suddenly and for no apparent reason hit Shaid BAZURKAEV several times. The real target of his aggression seems to have been Kosum YESHURKAEV. When YESHURKAEV tried to intervene and separate the two, BOGATIROV is said to have completely lost control of himself and begun shouting and accusing everyone of being spies, claiming that there were bugging devices everywhere. The second reason for the trip, which is possibly related to the account described above, could be that the offenders wanted to integrate Kosum YESHURKAEV’s brother, Turpal Ali YESHURKAEV, into the group or at least to get hold of his vehicle to use it for the offence. This was probably as an additional insurance policy in relation to Kosum YESHURKAEV; Turpal Ali YESHURKAEV’s drug addiction and his relatively weak physical fitness, must have made him appear a bad candidate to choose for the actual kidnapping:instead he would have more than likely been considered a security risk. Suleyman Salmanovich DADAEV asked Turpal Ali YESHURKAEV to lend him the Opel Astra he had bought on 7.1.2009 for the next day. DADAEV evaded the question as to why he needed it, only telling him that he would need it in VIENNA in the morning. As YESHURKAEV did not want to lend DADAEV his car, he instead agreed to bring it to VIENNA the next day and to drive it.
On the 13.1.2009 at 01:00, KALTENBRUNNER, BOGATIROV and DADAEV returned to ST. PÖLTEN and stayed over night at KALTENBRUNNER’s flat. Kosum YESHURKAEV and Turpal Ali YESHURKAEV both arrived at their respective home addresses in WIENER NEUSTADT, and UNTERWALTERSDORF at around 01:30. At 01:41 Kosum YESHURKAEV called his brother once again. It can be assumed that Otto KALTENBRUNNER drank alcohol on the evening of the 12.1.2009. It is very likely that he was drinking in order to gather up the nerves to commit the offence. Still, it should not be assumed that he was heavily intoxicated nor was he in a state which could lead to a claim of diminished responsibility. As an example, Raman DADUJEV came to KALTENBRUNNER’s place on the night of 13.1.2009 at around 02:50. He accused him of using his cultural association as a pretext to collect data on Chechens, and of then passing this information on to Chechnya. Several short phone calls were made between the two between 02:53 and 03:07 as KALTENBRUNNER had refused to let DADUJEV into his house, and instead had put him off until the next morning. This leads to the conclusion that either a planning meeting was taking place at the time, or that KALTENBRUNNER did not want to reveal the presence of DADAEV and BOGATIROV. Although during his calls to DADUJEV, KALTENBRUNNER did show signs of having drank alcohol , he still seemed completely focussed.
On the 13.1.2009, at around 05:00 in the morning, Letscha BOGATIROV and Suleyman Salmanovich DADAEV left ST. PÖLTEN for VIENNA. It was on this day that they had planned to carry out their actions against Umar ISRAILOV. They had made an agreement with KALTENBRUNNER to use the Volvo 944 GLE, with the number plate P-302BD, registered to him, whereas BOGATIROV’s car, a BMW 5 series with the number plate LL-645FZ, was left with KALTENBRUNNER. Despite the fact that BOGATIROV’s BMW was more modern, had more space and a better engine, it can be assumed that they chose KALTENBRUNNER’s car because it had darkened windows in the rear and was therefore more suited for the planned abduction. They had constructed a gag out of plastic bags in order to keep ISRAILOV quiet and had it in the car. It was not until 05:08 while Suleyman Salmanovich DADAEV was on his way to VIENNA, that he called Turpal Ali YESHURKAEV. This was the first time he called him. He asked him to come and meet them as they had agreed the night before. This was the first call in which 0650/6438626, the number used by Turpal Ali YESHURKAEV, had appeared in a connection relevant to the case; before that, no calls had been made to or from the numbers belonging to the other individuals involved in the offence. It is clear that Turpal Ali YESHURKAEV did not immediately follow DADAEV’s request because he was still logged at his home address in UNTERWALTERSDORF when DADAEV called him again at 06:01:50. Immediately before this call was made to Turpal Ali YESHURKAEV, Letscha BOGATIROV called his wife from BOB2 at 06:00:19. The call lasted for 75 seconds and ended at 06:01:34. When DADAEV called YESHURKAEV once again at 06:31, he and BOGATIROV had already arrived at ISRAILOV’s home address in Leopoldauer Straße 31, 1210 VIENNA. By now YESHURKAEV was already driving to VIENNA in his Opel Astra. Immediately after this call, DADAEV made two short calls to his wife Sazita JEKHIEVA from the same number. This sequence of calls clearly demonstrates that it was BOGATIROV who was using BOB2, whereas DADAEV made all of his outgoing calls from his own mobile phone. At 07:06 DADAEV called YESHURKAEV once again. YESHURKAEV was already in the vicinity of the crime scene. As he did not know their exact destination, he was picked up by BOGATIROV and DADAEV at the Shell petrol station in Floridsdorfer Straße 17, 1210 VIENNA. From there, he was guided to ISRAILOV’s place where they arrived shortly before 08:00. This is the latest point at which Turpal Ali YESHURKAEV could have been informed about – at the very least – the basic plan, if he had not already been informed about it the night before. DADAEV and BOGATIROV told him to park his vehicle in a noparking zone located in front of Leopoldauer Straße 25. This is around 40 metres towards the city as seen from the front entrance of Umar ISRAILOV’s house. After the briefing, YESHURKAEV, BOGATIROV and DADAEV parked their Volvo at the car park in Leopoldauer Straße 30, providing them with a good view of the entrance to ISRAILOV’s house. Then would then know immediately if he left the house. The two men remained in the vehicle, BOGATIROV was behind the wheel.
At around 08:15, the vehicle was spotted by the witness Johann SKOREPA, who owns a sausage stand situated in the car park. He was able to positively identify BOGATIROV as the one sitting in the driver’s seat. That they chose such a conspicuous position for YESHURKAEV’s car leads to the assumption that they had planned to overpower ISRAILOV directly in front of his home address, and force him into the vehicle. At this stage, KALTENBRUNNER’s car was probably only to be used for observation purposes and was not to appear directly at the crime scene. In this way the police search would have focussed on the Opel. But as explained above, although BOGATIROV’s BMW had also been available, the Volvo had been the preferred option, this then leads to the conclusion that they had planned to change cars at a secure distance from the site of the kidnapping, in order to make it more difficult to reconstruct the sequence of events surrounding the offence. Turpal Ali YESHURKAEV was filmed by the surveillance camera outside a news agents called DOLAK, in Leopoldauer Straße 19. He was filmed walking along the pavement in Leopoldauer Straße away from the centre of the city and towards Siegfriedgasse. He was filmed carrying a black shoulder bag over his right shoulder. Around 45 seconds later he was filmed again by the same camera coming from the opposite direction.
At some point between 08:15 and 09:10, BOGATIROV and DADAEV had changed their position, and had now parked the Volvo in the entrance of the SPAR car park in Siegfriedgasse, a side street to Leopoldauer Straße. Once again they made sure they were able to monitor the entrance to ISRAILOV’s house from their new position. During this time Turpal Ali YESHURKAEV had stayed with his vehicle and was awaiting further instructions.
Shortly after 09:00 he was filmed three times, in intervals of approximately one minute by the camera situated outside the DOLAK news agents: first walking away from the centre of town, then returning, and finally walking towards Ostmarkgasse. By this time he had tucked his trousers into his socks, and he no longer had his shoulder bag with him.
At 09:24, Kosum YESHURKAEV called his brother for the first time and spoke to him for 59 seconds. It can be assumed that he learned at that point at the latest, who Turpal Ali YESHURKAEV was currently with. After this a series of important phone calls followed which clearly demonstrate Otto KALTENBRUNNER’s central role. They show that he was the person responsible for coordinating communications, and consequently the head of the group of offenders.
Kosum YESHURKAEV at the very least suspected that KALTENBRUNNER’s group had planned an action in which he did not want his brother involved. This led him to call Otto KALTENBRUNNER on BOB1 at 09:29 and they spoke for 245 seconds. He was trying to find out whether or not his brother was together with the other offenders. KALTENBRUNNER tried to ease his fears and told him that everything was fine.
Suleyman Salmanovich DADAEV called Turpal Ali YESHURKAEV at 09:38 Uhr, 09:57 Uhr and 11:09 and spoke with him each time for less than a minute. This leads to the conclusion that DADAEV and BOGATIROV were still sitting in KALTENBRUNNER’s Volvo, while YESHURKAEV was waiting in his own car or keeping guard in Leopoldauer Straße.
A few minutes after 10:00 he was filmed again passing the DOLAK news agents.
At around 10:15, he finally entered the news agents, looked around, and talked a bit to the female owner as he had wanted to buy something to drink. He changed his mind as he must have realised he would not be able to pay the prices and left the shop empty-handed. While this was going on, KALTENBRUNNER did his best to try and pretend it was a normal day in ST. PÖLTEN. He called Raman DADUJEV at 10:22 and invited him to his flat to have a talk. DADUJEV came to his place at around 10:45. KALTENBRUNNER apologised to him and DADUJEV left about fifteen minutes later. As Kosum YESHURKAEV had not heard any news from Turpal Ali YESHURKAEV, he called his brother once again at 10:40 and urged him to leave immediately. Directly after this call, at 10:46 and at 10:55, he phoned KALTENBRUNNER. It can be assumed that during these calls he repeated his demand that his brother should not be involved any more in the offence. After that a series of phone calls followed between KALTENBRUNNER and the other offenders.
At 10:59 he called Letscha BOGATIROV on BOB1, and they spoke for 74 seconds. Then he spoke once again to Kosum YESHURKAEV, this time for 86 seconds. Immediately afterwards he spoke to BOGATIROV for 33 seconds.
At 11:06 Kosum YESHURKAEV returned KALTENBRUNNER’s call. One minute later KALTENBRUNNER then spoke to BOGATIROV. The same sequence repeated itself once more with calls from YESHURKAEV to KALTENBRUNNER at 11:08 and from KALTENBRUNNER to BOGATIROV at 11:14.
At 11:09 Suleyman Salmanovich DADAEV had made a short call to Turpal Ali YESHURKAEV, meaning that both were in the vicinity of ISRAILOV’s home address, but not in hearing range of each other. Immediately afterwards at 11:17, KALTENBRUNNER called DADAEV on his mobile phone (0664/1128908) and they spoke for 95 seconds.
At 11:18 he made a short call to Kosum YESHURKAEV, this was the last time he would do so before the offence was committed. KALTENBRUNNER made a further call to DADAEV, speaking for 105 seconds at 11:23, and to BOGATIROV at 11:27, they spoke for 132 seconds.
It is important to note that during this time all of the communications which were taking place between the offenders, with the sole exception of DADAEV’s call to Turpal Ali YESHURKAEV, were via KALTENBRUNNER. These calls must have been directly connected to the offence considering that BOGATIROV, DADAEV and Turpal Ali YESHURKAEV had already been waiting for hours for ISRAILOV to finally appear, and that Kosum YESHURKAEV clearly had a vital interest in persuading his brother to leave.
On the other hand KALTENBRUNNER, as head of the offender’s group, would have needed to ensure that Turpal Ali YESHURKAEV and his vehicle stayed at the crime scene. This was essential if ISRAILOV’s abduction was to run smoothly, but he also needed to ease the fears of YESHURKAEV’s brother.
At 11:30 Suleyman Salmanovich DADAEV tried unsuccessfully to reach his wife by phone. Immediately afterwards he called his brother Magamed DADAEV who at that time was attending a German language course in ST. PÖLTEN. The course would normally have gone on until 13:00.
At 11:32 Suleyman DADAEV finally reached his wife and spoke to her for 47 seconds. After that a rapid succession of phone calls were made: a call to Magamed DADAEV; one unsuccessful call; a return call from his brother that lasted 22 seconds; and another call from Suleyman DADAEV which lasted for 49 seconds.
At 11:37, he called Otto KALTENBRUNNER on BOB1 and they spoke for 30 seconds. Straight after this he phoned his brother Magamed DADAEV again. Magamed DADAEV then immediately called KALTENBRUNNER on his mobile phone 0676/645582. The call only lasted for one second leading to the conclusion that he did not wait for an answer. KALTENBRUNNER returned the call a few
seconds later and they spoke for a short time. It has not been possible to prove that Magamed DADAEV helped plan the offence, nor that he knew about his brother’s activities. Still it can be assumed that these calls were made in connection with the offence and were at least part of the plan to generate an alibi for Suleyman DADAEV. After the calls Magamed DADAEV left his German course. It is not clear why but more than likely he did so in order to assist his brother.
At 11:41 Kosum YESHURKAEV called his brother and they spoke for 308 seconds. He probably urged him one last time to leave. It seems that KALTENBRUNNER had assumed that after speaking so many times to the other offenders, the action against Umar ISRAILOV would undoubtedly run smoothly and no further intervention on his part were needed.
At around 11:45 he left his home to meet Schamchan MAZHIDOW, with whom he spoke on the phone for 17 seconds at 11:47. He picked MAZHIDOW up with BOGATIROV’s BMW, drove with him to his flat and after a short while asked him to clean the car.
In the meantime, things were happening rapidly in VIENNA:
At 11:53, Umar ISRAILOV left his house and walked along Leopoldauer Straße away from the city centre and towards the SPAR supermarket on the other side of the street.
At 11:53:12 Suleyman DADAEV who had been watching ISRAILOV’s house from his position in Siegfriedgasse, immediately called Turpal Ali YESHURKAEV to inform him of ISRAILOV’s appearance. The fact that ISRAILOV began walking away from the centre of town seemed to surprise the offenders. Taking the position of Turpal Ali YESHURKAEV’s car into account, it seems they assumed that he would leave in the opposite direction. This led them to drop their initial plan of forcing him into YESHURKAEV’s car, and instead they now had to improvise. DADAEV and Letscha BOGATIROV were waiting together in the Volvo, They agreed that they would carry out the abduction upon ISRAILOV’s return to Leopoldauer Straße. While BOGATIROV and Turpal Ali YESHURKAEV were to overpower ISRAILOV, he was to move the car to a better position to be ready to pick them up. This meant they would have to use the Volvo as their main vehicle during the kidnapping. BOGATIROV got out of the car and went over to Turpal Ali YESHURKAEV. While the two got into position in the entrance of the SPAR supermarket on Leopoldauer Straße 28, DADAEV drove the Volvo as agreed into Leopoldauer Straße. Due to the traffic, he was unable to position the car close to the two men. This led him to cross the junction with Sebastian-Kohl-Gasse and stop at one of the adjacent bus stops. Both BOGATIROV and Turpal Ali YESHURKAEV had armed themselves with silver coloured handguns; the gun used by BOGATIROV was identified as a calibre 7.65 mm pistol. At this stage KALTENBRUNNER used BOB1 to call DADAEV at 11:56:14. The call lasted for just four seconds, meaning that DADAEV either hung up, or the order to start the action was passed on with a single word.
At 11:59 Umar ISRAILOV paid at the till, and left the SPAR supermarket. He walked along the pavement on the left-hand side of Leopoldauer Straße and so towards the city and his flat. He was carrying the things he had bought loosely in his hands. The first time ISRAILOV, BOGATIROV and YESHURKAEV met was close to Leopoldauer Straße 26 and 28. It can be assumed that ISRAILOV immediately recognised the threat he faced. His first reaction was to throw his shopping into Letscha BOGATIROV’s face and this caused a laceration beneath BOGATIROV’s eye. After this ISRAILOV fled along Leopoldauer Straße towards the city, crossing the street at the junction with Siegfriedgasse. At this point he fell over and landed directly in front of a car driving away from the centre of town. He immediately got up again and continued running. The plan to rapidly overpower ISRAILOV and force him into the car had failed. BOGATIROV and YESHURKAEV then began pursuing their alternative objective: to kill their victim. In front of the garage entrance on Leopoldauer Straße 31, one of the offenders took his weapon and aimed at ISRAILOV. It seems the weapon jammed, on a second attempt the weapon fired but the bullet missed its target. An unused cartridge and bullet casing were found at that location during the crime scene investigation. Subsequently both men chased ISRAILOV along Leopoldauer Straße with their weapons drawn. They were running towards the city, one was only a few steps behind ISRAILOV, whereas the other was further away on the pavement. Close to Leopoldauer Straße 19, another shot was fired but missed ISRAILOV. At the junction with Ostmarkgasse, they finally managed to catch up with ISRAILOV. It seems a further attempt was made to overpower him. One of the offenders hit ISRAILOV four times on the back of the head with the butt of his pistol to incapacitate him. This caused ISRAILOV deep lacerations and they were bleeding heavily. Despite this ISRAILOV managed to free himself once more and continued, running into Ostmarkgasse. BOGATIROV and Turpal Ali YESHURKAEV followed him, when they reached Ostmarkgasse 2 at least three shots were fired from behind and at close range. These hit ISRAILOV. They caused two through-and-through wounds, one to the left of his hip, and the other to the abdominal cavity. These bullet wounds would not have damaged any of his vital organs, but they probably caused ISRAILOV to fall over. As he did so he was hit by a third bullet at a lower angle. The bullet entered his back on the left side of the spine, cut the diaphragm, passed through the spleen and stomach, and finally remained stuck underneath the skin tissue in the costal arch. As multiple targeted shots were fired from close range, it is clear that the person who fired the shots had intended to cause Umar ISRAILOV lethal injuries. The evidence which is currently available is insufficient to conclusively determine each man’s individual actions. It was then not possible to determine which actions were undertaken by BOGATIROV, and which by Turpal Ali YESHURKAEV. Be that as it may, it is certain that both men actively took part in the chase, and that they both carried firearms. Even though witness statements highlight the fact that both BOGATIROV and Turpal Ali YESHURKAEV used their firearms during the pursuit, the vast majority of evidence supports the allegation that it was Letscha BOGATIROV who caused ISRAILOV’s head injuries and fired the lethal shots. Forensic evidence also confirms that all of the shells and bullets originated from the same firearm. Gunshot residues found on the camouflage jacket left behind at the scene during the escape, demonstrate that it was worn by the person who fired the shots. A mixed DNA trace was found on the jacket, fragments of which belong to the person identified as Letscha BOGATIROV. The majority of the witnesses described the person wearing the camouflage jacket as the taller and stronger of the two men, which once again clearly implicates BOGATIROV. ISRAILOV collapsed on the street after being shot. One of his attackers went over to him for a short moment, to ensure he had completed his plan: to cause the victim lethal injuries. Immediately afterwards, both of the men ran along the righthand side of Leopoldauer Straße, and away from the centre of town. BOGATIROV was in front, followed by Turpal Ali YESHURKAEV a few metres behind. The chase and the gunshots had roused a considerable furore in the neighbourhood, and as the two men were running along Leopoldauer Straße, one of the witnesses took the following picture:
One of the neighbours immediately ran over to ISRAILOV in order to administer first aid. ISRAILOV was still responsive for a short time and said he did not know who had shot him. In spite of rapid intervention by the emergency services, being transported to hospital (SMZ Ost) and treated in intensive care, ISRAILOV died at 14:11 from massive internal injuries.
While BOGATIROV and YESHURKAEV were following ISRAILOV in KALTENBRUNNER´s Volvo, Suleyman Salmanovich DADAEV, had decided to change position. He must have realised the events were shifting away from his location and into town, and so he decided to try and follow the men in his car. He probably thought that, if they had been successful in overcoming ISRAILOV, he would have been able to get him into the car or, at least help his accomplices in their escape. This seems to have been misunderstood by Letscha BOGATIROV who apparently assumed that DADAEV would be waiting at the agreed location. After arriving and not being able to find the Volvo, BOGATIROV seems to have decided he needed to get hold of another vehicle. He then left Leopoldauer Straße and turned into Siegfriedgasse. Turpal Ali YESHURKAEV was still following him a few metres behind. Once again the two men were photographed by a neighbour:
On the junction of Bertlgasse, BOGATIROV tried twice to seize possession of a passing car. At first, he ripped open Elfriede HÖNIG’s car door, pointed his gun at her and said something she understood to be “hand bag”. In fact it was probably “maschina”, the Russian word for car. She began screaming he then gave up and instead tried to seize control of the next car. This attempt also proved unsuccessful. Turpal Ali YESHURKAEV took no part in these actions.
The first emergency call was made to the police at 12:02:46, during the time in which the men were running along Siegfriedgasse. Further calls followed shortly after that. This points to a time frame of around 3 minutes between the offenders’ first contact with ISRAILOV and their escape. After the two failed attempts to steal a car, BOGATIROV and Turpal Ali YESHURKAEV ran out of Siegfriedgasse to the car park in front of the SPAR supermarket. They crossed it, probably to see whether DADAEV was waiting in the Volvo.
At 12:02:45 DADAEV made his first call to Turpal Ali YESHURKAEV to organise a pick up point. At 12:04:23 he managed to reach him and inform him of his whereabouts. They spoke for 45 seconds. YESHURKAEV then agreed to meet DADAEV and BOGATIROV in Siegfriedgasse. BOGATIROV, obviously unaware of this agreement, tried again to steal a car – this time in the car park in front of the SPAR. He opened the driver´s door of Hermine HOLZER’s car. He did this as she and her husband Walter HOLZER were getting ready to leave after doing their shopping. As hid did so Hermine HOLZER started shouting over to her husband. YESHURKAEV then took advantage of the situation and told BOGATIROV about the plan he had arranged with DADAEV. They then went back to Siegfriedstraße. At about the same time DADAEV arrived in his car. The two men jumped in and he backed the car away at high speed until Andreas-Hofer-Straße. There, he turned around and continued towards Satzingerweg.
Witnesses were able to identify the number plate of the escape vehicle and informed the police. Consequently the investigation began by concentrating on Otto KALTENBRUNNER, the registered owner of the vehicle. In the meantime, Kosum YESHURKAEV had probably realised that he would not be able to convince his brother to leave BOGATIROV and DADAEV. At 12:07 he called his contact at LVT Vienna and told him that he had still not been able to find out when Shakya TURLAEV would be returning to Austria. He did not mention a single word about the events in which his brother had been involved.
At 12:11 he called Otto KALTENBRUNNER once again. At this time, both of them were still unaware of the events that had just taken place. Kosum JESHURKAEV discovered what had happened for the first time at 12:14 when he called his brother, after which he immediately called KALTENBRUNNER on BOB1 and spoke to him for 72 seconds. DADAEV, BOGATIROV and Turpal Ali YESHURKAEV then discussed their next move. They were correct in assuming that the events at the scene of the crime, and those surrounding their getaway vehicle had attracted a great deal of attention, and that they would have to dispose of the car. For the time being they continued their escape using the same car, and travelled in a south-easterly direction, passing the Donauzentrum and along Donaustadtstraße. On the junction of Donaustadtstraße and Erzherzog-Karl-Straße they drove into a car park belonging to the Penny supermarket chain where they parked the Volvo. BOGATIROV threw his jacket into a waste bin. This was the same one he had been wearing at the time he fired the shots. They then continued their escape via tram line 26, travelling towards SMZ Ost.
At 12:29 Kosum YESHURKAEV called his brother again and they spoke for 88 seconds. At the time of the call he was in BADEN. After finishing the call he drove to SOLLENAU. The men disembarked the tram in Langobardenstraße, got into a taxi and asked the driver to take them to BADEN.
At 12:38 still in Langobardenstraße, Suleyman Salmanovich DADAEV then called Otto KALTENBRUNNER to quickly tell him what had happened. They agreed that KALTENBRUNNER would have to actively assist them in their escape and that he should pick them up somewhere in the region of BADEN/SOLLENAU. Straight after this call KALTENBRUNNER phoned Schamchan MAZHIDOW and told him to return immediately with BOGATIROV’s BMW. He claimed he had an urgent meeting he with his lawyer.
At 12:40 another short call was made between KALTENBRUNNER and Kosum JESHURKAEV.
At 12:41:49 DADAEV called KALTENBRUNNER once again to discuss their next steps. By now he was already in Erdberger Mais, 1030 Vienna, meaning that they were moving southwards along the A23 (along the Südosttangente). Shortly afterwards BOGATIROV used BOB2 to call KALTENBRUNNER on BOB1. The conversation lasted 93 seconds. While this was happening Kosum YESHURKAEV was speaking to his brother who was at Holeyplatz, 1100 VIENNA. This is demonstrated by the call data record: he was logged by the
distribution frame at Favoriten. At the same time, KALTENBRUNNER called Schamchan MAZHIDOW to tell him to hurry up.
At 12:53 Letscha BOGATIROV used BOB2 to call KALTENBRUNNER on BOB1. The conversation lasted 27 seconds. In the meantime Kosum YESHURKAEV had departed for BADEN. At 12:55 he called Turpal Ali YESHURKAEV, at 12:59 he spoke to Otto KALTENBRUNNER, and at 13:03 he called his brother again who was logged in TRAISKIRCHEN.
During this time Otto KALTENBRUNNER used BOB1 to make several calls to Russia. At 12:48:43 he made a 15 second call to the Russian number +79257799999. At 13:03, he made a 40 second call to the number +79257188888. It is not known to whom he spoke during either of these calls. At 13:06, he dialled the number +79282663482 which has been identified as belonging to Shakya TURLAEV. It should be assumed that all of these calls were about the crime, and that he was passing on information about its successful completion.
At 13:08 Kosum YESHURKAEV called BOB1 once again and he spoke to KALTENBRUNNER for one minute. After these calls, neither BOB1 nor the prepaid card 0650/6438626 used by Turpal Ali YESHURKAEV were to be used again. This clearly indicates that this was part of a consciously thought out plan, and was intended to prevent their calls from being monitored. It is also noteworthy that the last calls made from both BOB1 and Turpal Ali YESHURKAEV were to Kosum YESHURKAEV. Yet it is unlikely that he ordered the disposal of the numbers, since he also tried to call BOB1 after it was no longer in use. During this time KALTENBRUNNER had apparently become quite nervous.
At 13:05 and 13:10 he called MAZHIDOW to demand the return of BOGATIROV’s BMW.
At around 13:20, BOGATIROV, DADAEV, Turpal Ali YESHURKAEV and Kosum YESHURKAEV arrived in the centre of BADEN. Kosum YESHURKAEV met his brother there (and possibly the others) and went with him to WIENER NEUSTADT. He was logged here from 14:17. Still, it is not clear if he was driving or took DADAEV and BOGATIROV part of the way to SOLLENAU. The two men then went to SOLLENAU and waited there for KALTENBRUNNER.
At 13:45 KALTENBRUNNER finally departed, after MAZHIDOW had given him BOGATIROV´s BMW. At 13:59 BOGATIROV used BOB2 to call BOB1, but by then it had already been deactivated. After that he also got rid of his own SIM card, throwing it out of the window. He then put his old card (0676/57754041) in the same unit and called KALTENBRUNNER at 14:27 on his D.A.S. phone, probably to agree on a meeting point. As described above, KALTENBRUNNER, the registered owner of the escape vehicle, was already the focus of enquiries. At approximately 14:15, the police in ST. PÖLTEN (SPK) were informed about the case and asked to help locate KALTENBRUNNER. An officer then contacted KALTENBRUNNER´s wife who stated that her husband had left their flat half an hour ago. KALTENBRUNNER was then called by a police officer whom he knew. The officer used a pretext to persuade KLATENBRUNNER to return to his flat, and although KALTENBRUNNER immediately agreed, he continued his journey to SOLLENAU.
At 14:30 he finally met BOGATIROV and DADAEV. At this point, BOGATIROV took over the wheel and they began the journey back
to ST. PÖLTEN via Triestingtal.
Between 14:30 and 15:00, KALTENBRUNNER received several calls from the police and was asked to come to the police station. It is likely that KALTENBRUNNER and his accomplices then discussed their next move. Although he understood he had been contacted by the police under a pretext, he understood he had no realistic chance of escape. He then decided to surrender, whilst enabling BOGATIROV and DADAEV to escape. They then agreed on a rudimentary statement, and that KALTENBRUNNER would pretend to be heavily intoxicated with alcohol, deny any involvement in ISRAILOV’s murder, and refuse to reveal the identity of his accomplices. Otto KALTENBRUNNER left the car in BERNDORF, while BOGATIROV and DADAEV continued the journey by themselves. KALTENBRUNNER went to the SOLTERER car dealers and asked the owner, Magdalena SOLTERER, to call him a taxi to take him to ST.PÖLTEN. He gave her his mobile phone and at 15:06 SOLTERER ordered a taxi from City Taxi Vöslau. She stated that she had seen no signs that KALTENBRUNNER had drunk alcohol. When the taxi arrived KALTENBRUNNER asked the driver (Phillip KIENZL) to take him to ST. PÖLTEN. While driving along the B18 KALTENBRUNNER asked him to stop at a petrol station in ST. VEITH in a place called an der Triesting. He bought three small bottles of spirits and drank them one after the other. This was clearly an attempt to strengthen his alibi by ensuring he would later show signs of alcohol intoxication.
At 15:25 and still during the journey, an officer called him using his daughter’s mobile phone. His daughter’s name is Anna (formerly Zarina). He told them he was travelling by taxi and shortly afterwards the officers were able to speak to the taxi driver. He was told to stop at the A1 services and to leave the car, after claiming he needed to use the toilet. KIENZL stated that KALTENBRUNNER had seemed calm during the journey and that he had not seen any signs of alcohol consumption. KIENZL did as instructed and stopped at KIRCHSTETTEN services. As he stepped out of the car, KALTENBRUNNER told him he knew what was about to happen but was grateful nevertheless for the lift.
At 16:20 Otto KALTENBRUNNER was arrested on a warrant which had been issued shortly before. Meanwhile BOGATIROV and DADAEV had driven towards ST. PÖLTEN, and DADAEV had left the car close to PYHRA. Letscha BOGATIROV continued his journey to LINZ where he stayed until 22:00. He then drove to STEYR, but did not spend the night at his home. Over the next few days he made several calls to Schamchan MAZHIDOW, and they met on 15.01.2009 in ST.PÖLTEN. On the same evening BOGATIROV rang Kosum YESHURKAEV for the first time. More calls were to follow the next day. This was the first contact the two men had with each other. It is likely that at this point BOGATIROV was already working intensively on his escape plan.
On 17.01.2009 BOGATIROV approached Zawalu ERSAMIRZOEV alias Said Selim GIRMICHANOV. He asked him to drive with him to Poland in his BMW, under the pretext that his mother was ill, and that he needed to visit her in Russia. Afterwards ERSAMIRZOEV was to drive it back to Austria. ERSAMIRZOEV agreed and drove BOGATIROV out of the country that same day. Since then BOGATIROV has probably been in Russia, most likely in Chechnya. After Suleyman Salmanovich DADAEV left BOGATIROV on the
afternoon of 13.01.2009, he visited his friend Giorgi DZALAGANIJA in PYHRA for a few hours. It seems the latter knew nothing about the incident. It was only a matter of hours after the incident when DADAEV realised his involvement in the offence would soon be uncovered. He then began making arrangements with his family and came up with an alibi based on a supposed stay abroad. In order to strengthen his alibi, he departed for Poland at 22:00, and returned on 15.01.2009 at 20:00. To further support his alibi, he bought a new SIM card that same day and used it in his mobile phone. He was so convinced of the solidity of his alibi that even after being questioned as a witness – but not as a suspect – on the 19.01.2009, he made no plans for escape. On 26.01.2009 his was arrested on entering his apartment. Turpal Ali YESHURKEAV was first brought to EBREICHSDORF via SOLLENAU by his brother. After this Kosum YESHURKAEV also drove to SOLLENAU. Both of them probably realised that it would be dangerous to leave the Opel at the scene of the offence. Later that afternoon both of the men went back to VIENNA. However, it is not clear whether Kosum YESHURKAEV travelled together with his brother or if they had chosen to go separate ways. At 18:25 both arrived in Leopoldauer Straße. Turpal Ali YESHURKAEV then took the car and drove back to SOLLENAU via the ring road and the southern motorway. Kosum YESHURKAEV took the motorway along the banks of the Danube. Over the next few days, both began making plans to leave Austria. Kosum YESHURKAEV continued to have contact with the LVT Vienna, and on the 19.01.2009 he was questioned as a witness and especially about his contact to Otto KALTENBRUNNER. The statement he made at this time contains no details of relevance. On 23.01.2009 he stated that he was leaving for Belgium in order to buy material for his garage. In reality he went to Poland via the Czech Republic where he met Bukharu SALAMOV and they continued on to Chechnya. Turpal Ali YESHURKAEV stayed in Austria until February 2009. Even before becoming a suspect in the case, he had escaped to Poland. It is not clear why, but instead of continuing his escape further to the east he remained in Poland. A European arrest warrant was then issued and he was arrested in Warsaw on the 19.01.2009.
This case is then based on the results of a comprehensive criminal investigation, and the statements of the accused who have fully or partly confessed to their involvement in the crime.
The offenders’ primary aim was not murder, instead they intended to abduct and deport ISRAILOV to the authorities of the Republic of Chechnya. This is supported by the following facts.
First, even before the offence took place, Artur KURMAKEAV had been ordered to persuade ISRAILOV to return to Chechnya. It then seems logical to assume that the Chechen government was still interested, for reasons unknown, in having ISRAILOV returned to Chechnya.
Furthermore, the following evidence demonstrates that the crime was politically motivated: TURLAEV’s visit to Austria; KALTENBRUNNER’s stays abroad made after this visit, at least one of which, if not both led him to Chechnya where he contacted KADYROW and probably other high-ranking politicians; and finally the planning which took place afterwards, such as KALTENBRUNNER’s calls to TURLAEV, and to further unknown Russian numbers immediately after the offence.
If their primary aim had been to kill ISRAILOV, it would not have been necessary to prepare as comprehensively as they did. It would not have been necessary to observe the victim over a period of weeks, nor would three people and two cars have been needed at the scene of the crime. Still it is clear that from the outset killing ISRAILOV was considered an alternative, and that this decision was consciously made by all of the individuals involved in the offence. This can be seen in the fact that BOGATIROV and YESHURKAEV both took the precaution of equipping themselves with firearms. Furthermore, after their primary plan had failed, they did not leave the scene but instead immediately made use of their weapons. BOGATIROV then fired several shots clearly demonstrating his intent to murder the victim. Importantly BOGATIROV’s accomplices did not abandon him at this point, instead they actively supported his escape. The results of the telephone surveillance – from both the accused, and further individuals – provide a further important body of evidence which demonstrate the crime was planned, prepared and so premeditated. They document the numerous phone calls and the extensive personal contact which existed between Otto KALTENBRUNNER, Suleyman DADAEV, Letscha BOGATIROV and Kosum YESHURKAEV. The contact the men had between the period after KALTENBRUNNER’s return from his second trip abroad, and the day the offence was committed, far exceeds the contact they had had before this time. Whereas this clearly demonstrates that Otto KALTENBRUNNER organised and masterminded the crime, this same conclusion is also backed up by a great deal of further evidence: he ordered the BOB pre-paid cards to be bought; he permitted his vehicle to be used for the crime; they way he behaved while speaking on the phone on the morning the offence (this alone demonstrates that he was the important link in the chain of communications); as well as the support he gave to DADAEV and BOGATIROV during their escape.
Otto KALTENBRUNNER, when questioned for the first time, denied any involvement in the incident. He claimed that on 12.01.2009 he had been at home with his family and was drunk. He stated that at around midnight he had sat in his car and began listening to music until his family had found him and brought him back to his flat. He said that he had woken up in the early hours of 13.01.2009 during darkness, drank a considerable amount of vodka, and gone back to sleep. It was not until after 12:00 that he had woken up, after which he ate breakfast and drank more vodka. He claims he consumed around 470ml of vodka on 13.01.2009. According to his statement, at 13:00 he departed in a taxi towards SOLLENAU in order to see some cars. He stated that he had ordered a taxi and returned as soon as the the police had called him. He was unable to comment on the location of his vehicle. The results of the investigation clearly contradict KALTENBRUNNER’s claim to have consumed so much alcohol. Several people who had contact with him during the relevant period described him as either sober, or as only showing minimal signs of alcohol intoxication. After his arrest, two alcohol tests were made. The first one, at 21:46, pointed to 0.25 mg/l, and the second one, made at 21:49 to 0.27 mg/l. The police doctor who examined him during his detention, then also concluded that KALTENBRUNNER would have showed no signs of intoxication during the time at which the offence was committed. When KALTENBRUNNER was confronted with the contradictions between his statement and the investigative results, he refused to make any further comment and continued to do so for a long period of time. It was only after he had read the entire case file, including the statements made by DADAEV and Turpal Ali YESHURKAEV, that he decided to make a further statement detailing his responsibility. Yet he still continued to deny any involvement in the planning of the offence against Umar ISRAILOV, and stuck by his story that he had been drunk at the time. However, he admitted to having told Schamchan MAZHIDOW to buy the BOB pre-paid cards, but denied that this purchase was related to the incident. This is despite the fact that the vast majority of the calls made with the cards were related to the offence, and that they were destroyed immediately after it took place. Instead he stated he had actually bought them for himself and his children. He claimed that it was a coincidence that BOGATIROV had used one of the cards – KALTENBRUNNER said he had given BOGATIROV a card simply because BOGATIROV had asked for one. KALTENBRUNNER also admitted that BOGATIROV and DADAEV had stayed in his flat the days before the incident, and during the afternoon and night of the 12.01.2009. He stated that they had behaved normally and that he had accompanied them to a meeting with Kosum YESHURKAEV on the night of the 12th to the 13th of January. As he was drunk he had not noticed what they had been talking about. He claimed not to have known that DADAEV and BOGATIROV had driven off with his car on the morning of 13.01.2009. He denied that the numerous calls made on the morning of 13.01.2009 with Kosum YESHURKAEV, Muslim DADAEV and Letscha BOGATIROV had any relation to the offence. He said that DADAEV had called him at 12:30 and that he had wanted to be picked up with BOGATIROV in SOLLENAU. Once again he stated that he had not been told why they needed picking up, and claimed to know nothing about Umar ISRAILOV’s murder. He stated that despite having consumed a considerable amount of alcohol, he did as asked and drove to SOLLENAU. During the journey he was called by the police, and when BOGATIROV realised with whom he was speaking, he kicked him out of the car. KALTENBRUNNER was not able to plausibly explain why he did not make this statement at the time of his arrest, especially after stating an interest in solving the crime. It is important to remember that he was unwilling to make a statement for several months, and that during questioning he read the statements made by his co-accused. It can therefore be assumed that his final statement was made after careful consideration of those of his co-accused. They did not incriminate him.
Suleyman Salmanovich DADAEV began by giving the alibi he had already prepared: he claimed that on the 12th and 13th January 2009 he had gone to Poland with his cousin. He gave no further details. He went on to state that he had left the mobile phone identified as belonging to him in KALTENBRUNNER´s car on 11.01.2009. This claim could be refuted as his mobile phone was found during the search of Muslim DADAEV’s apartment. Similarly no notable differences were found in the call data record after January 11th and the period preceding it. It was not until his questioning on 20.03.2009, and those which followed that he was to admit a peripheral involvement in the offence. He stated he was a member of a group which had planned to use violence to overpower Umar ISRAILOV and to kidnap and deport him to Chechnya. ISRAILOV was then to be forced to hand over approximately USD 200.000 to 300.000 which he had been given by Ramzan KADYROW and had embezzled during his escape to Austria. A close associate in Chechnya known only as “Vladimir” had the money, and would only release it if told to do so personally by ISRAILOV. DADAEV did not provide an answer as to whether the money was to be returned to the rightful owner or whether the offenders intended to keep it or divide it between themselves and/or a third party. He made no comment as to whether Umar ISRAILOV was to be released after the money had been recovered, or if he was to be killed. According to DADAEV, it was Artur KURMAKAEV who had masterminded the crime and incited the others to get involved. Specifically this would mean that he must have met KURMAKAEV on numerous occasions between the summer of 2008 and January 2009, and especially from the beginning of December 2008. KURMAKAEV must then have forced him to observe ISRAILOV over a period of several weeks in order to learn more about his routines and find out if he had contact to “Vladimir”. Letscha BOGATIROV, Kosum YESHURKAEV, and Turpal Ali YESHURKAEV were also involved. He firmly denied any involvement of the part of Otto KALTENBRUNNER. He stated that, as of the 3rd and 4th of January 2009, KURMAKAEV no longer participated in the crime and that Kosum YESHURKAEV had taken over leadership of the operation. On the evening of 12.01.2009 a “co-ordination meeting” had taken place in SOLLENAU, at which Kosum YESHURKAEV, Letscha BOGATIROV and Muslim DADAEV were all present. Although Otto KALTENBRUNNER was also there DADAEV claims KALTENBRUNNER was drunk and had not been able to follow the conversation. During the meeting a fight had occurred between Kosum YESHURKAEV and BOGATIROV: BOGATIROV had complained that Kosum YESHURKAEV was moving too slow and had wanted to take over the “matter” himself. Furthermore he stated that on the morning of 13.01.2009 BOGATIROV and DADAEV took KALTENBRUNNER’s car without his knowledge. He drove from ST. PÖLTEN to ISRAILOV’s apartment in VIENNA. Turpal-Ali YESHURKAEV also arrived but it was BOGATIROV who had asked him to come. They had been waiting since the early hours of the morning to overpower ISRAILOV. Shortly before midday ISRAILOV had left his apartment, and so BOGATIROV and YESHURKAEV positioned themselves in front of the house’s entrance. DADAEV moved the car and waited with it. After this he claims to have seen very little of the events which followed and to have only heard the gunshots. After the incident, BOGATIROV and YESHURKAEV got into the car and he drove off with them. DADAEV based the following account of the events on what he was told by BOGATIROV. He claimed that ISRAILOV had taken the two men by surprise and attacked them while they were waiting for him. This led the situation to escalate. In the end BOGATIROV had chased ISRAILOV, fired several shots at him, and killed him. DADAEV did not know whether Turpal-Ali YESHURKAEV had also used his weapon. After the incident they had asked KALTENBRUNNER to pick them up in BADEN to where they had fled in a taxi. KALTENBRUNNER did so but had no knowledge of what had happened. They drove together to BERNDORF, but when KALTENBRUNNER received a call from the police, BOGATIROV ordered him to leave the car. DADAEV’s description of the way in which the incident developed, the persons present, and the escape route are all substantiated by the results of the investigation. Be that as it may, it can be assumed that DADAEV strongly plays down his own role and involvement in the incident. Furthermore, the role he ascribes to Artur KURMAKAEV was in fact taken on by Otto KALTENBRUNNER. The results of the investigation then do not confirm DADAEV’s description of KURMAKAEV’s involvement in the offence. There is no evidence to suggest that KURMAKAEV had been in Austria between the middle of December 2008 and the beginning of January 2009. Not a single phone call points to his involvement. Furthermore the extensive personal contact, and the two meetings which supposedly took place directly in front of ISRAILOV´s house are particularly implausible. DADAEV’s aim to play down his own involvement in the offence is clearly demonstrated by the fact that he also denied responsibility for recruiting Turpal Ali YESHURKAEV. Instead DADAEV claimed that on the morning of 13.01.2009, it was Letscha BOGATIROV using DADAEV’s phone, who made several calls to Turpal Ali YESHURKAEV to make him to come to VIENNA. Yet his statement is refuted by YESHURKAEV’s own quite plausible statement, and by the fact that BOGATIROV used BOB2 to call DADAEV almost at the same time as the other call was being made.
During his first questioning Turpal-Ali YESHURKAEV admitted he had been at the crime scene. He went on to state that Suleyman Salmanovich DADAEV and Letscha BOGATIROV were also present. On the night of the 12th and 13th of January 2009 DADAEV had asked him to lend him his car, supposedly without telling him what he needed it for. He stated that he had not wanted to lend him the car, but agreed to drive them instead. He had assumed that they needed his help and, as is normal among Chechens, had
offered them his assistance. On the morning of 13.01.2009 DADAEV woke him up and asked him to join them. On the morning after his brother called him several times and told him to come immediately to his house. YESHURKAEV’s statements are not contradicted by the results of the investigation and this evidence does not suggest that he was involved in planning the offence. Be that as it may, his denial of involvement in actually carrying out the crime is quite implausible. His statements with regard to this are quite contradictory. He claimed that he was behind the wheel of the Volvo, whereas BOGATIROV and DADAEV had chased Umar ISRAILOV. He stated that he only got out of the car to look for them, and did not meet BOGATIROV until after hearing the shots, after which he then followed BOGATIROV. He stated that he had not seen DADAEV at this time. Yet he also claimed that he got into the Volvo first and was the one behind the wheel. Shortly after that, DADAEV joined them again and told him to move over to the passenger seat. He continued by stating that they then began their escape. His description of their escape is essentially the same as DADAEV’s, at least until his brother picked them up in BADEN. His account of his behaviour during the offence does not coincide with the clear statements of several witnesses. According to witnesses, ISRAILOV was followed by two people who had run away after ISRAILOV had been shot and collapsed. In Siegfriedgasse a Volvo approached, stopped and the men got into the car. The pictures taken during their escape on which YESHURKAEV even identified himself, also contradict his statement. Once again this leads to the conclusion that he is attempting to play down the importance of the role he played during the offence. The fact that Turpal-Ali YESHURKAEV’s statement, as far as it is possible to follow, does not incriminate Otto KALTENBRUNNER, is explained by the fact that the two men never actually had direct contact.
From a legal perspective it should be noted that:the offence of forming a criminal organisation according to § 278 Austrian StGB Abs 1 requires an association of at least 3 individuals and an that the group existed over a period of time, the minimum being several weeks (see 13 Os 24/05m). The organisation’s aim can be restricted to a single offence, in this case any of those defined in paragraph 2, as long as it required a high degree of planning and preparation (Plöchl in WK2, § 278 Austrian StGB RZ 13). In accordance with the first and second cases defined in § 278 Abs 3 of the Austrian StGB and the general clause regarding participation in a criminal organisation of the same, participation includes any behaviour that supports the aims of that organisation. This includes logistical support, courier or transport services and providing accommodation to the person or persons who are to carry the planned offence(see Plöchl in WK2, § 278 Austrian StGB RZ 39). The laws of real competition are applicable to all of offences that the organisation aims to carry out.
BOGATIROV (whose case is being treated separately), KALTENBRUNNER and DADAEV have committed the offence of forming a criminal organisation according to § 278 Abs 1 Austrian StGB – fulfilling the requirements of both actus reus and mens rea. The case is based on the facts that the men formed a group to collectively plan, prepare and carry out the abduction and deportation of Umar ISRAILOV to the authorities of the Russian republic of Chechnya, or if this were not possible, his premeditated murder. The offence of abducting and deporting an individual to a foreign power in accordance with § 103 Abs 1 Austrian StGB, includes using violence to transfer a person who was in Austria at the time of the offence to a foreign power, without their consent. A foreign power is defined as a political power, namely an authority, political party or similar organisation. This definition is not limited to state entities but embraces all actors which effectively govern a specific and defined territorial area. A state like entity such as the Russian republic of Chechnya, and its leading politicians are embraced by this definition. It is not a requirement of the law that the foreign power itself orders the abduction. Instead an offence is committed under this act when the offenders intend to deport a person into a foreign power’s sphere of control so as to provide it with access to the victim. Violence must have been used during the abduction and it must have occurred against the victim’s will. The victim must have been in Austria at the time of the offence, the citizenship of both the offender(s) and victim(s) are irrelevant. As has already been described in detail, it is clear that the accused’s primary objective was to use violence to kidnap the victim and in following to deport him from Austria and place him in the sphere of control of the political leadership of Chechnya. This constitutes intent in accordance with § 103 Abs 1 Austrian StGB. This offence was further underlined by the the arrival of the second and third individuals accused, as well as Letscha BOGATIROV, at Umar ISRAILOV’s apartment on the morning of 13.01.2009. The offence is especially clear from this point on, as the offenders were by now ready to kidnap their victim. Although the premeditated murder of Umar ISRAILOV was actually the secondary and alternative plan of all those involved, and was only to be carried out if they were not able to kidnap him, everything they did to plan for ISRAILOV´s kidnapping, must also be seen as contributing to, and so constituting, the planning of the offence of murder according to § 75 Austrian StGB. This is clearly the case as it was this planning which led to the murder which was committed by Letscha BOGATIROV. The preparation and planning of ISRAILOV’s kidnapping then essentially led to the situation in which BOGATIROV was able to fire the lethal shots. Otto KALTENBRUNNER ordered and contributed to the offence of attempting to abduct and deport a person to a foreign power according to §§ 15, 103 Abs 1 Austrian StGB, and to the offence of murder according to § 75 Austrian StGB. Here the offence of contributing to the crime also includes ordering the murder. The fact that he himself also contributed to the offence on numerous occasions must also be taken into account in sentencing (see Fabrizy, StGB9, Rz 15 to § 12 Austrian StGB mwN). After a preliminary trial and the presentation of the evidence, the accused are to be sent to a main trial in accordance with the charges stated in this indictment and are to be punished according to their involvement in the offence.
(official in charge: public Prosecutor Mag. Leopold BIEN)
The Public Prosecutor’s Office in Vienna16th August 2010
Dr Michael SCHARF