“A court decision was expected”: the alleged thief in law Omar Ufa was not released

The Izhevsk Industrial District Court chose a preventive measure for 63-year-old Omar Bekaev, also known as Omar Ufa. The investigation considers Bekaev to be a thief in law and incriminates him article 210.1 of the Criminal Code of the Russian Federation (occupying a higher position in the criminal hierarchy). According to it, Bekaev can receive up to 15 years and a fine of up to 5 million rubles.

Now he is serving his sentence in a maximum security colony in Udmurtia. In the spring of 2018, he was detained in Khimki near Moscow with a small dose of heroin, after which he was under house arrest. On April 4, 2019, he was sentenced to two years in prison under Article 228 of the Criminal Code of the Russian Federation (illegal acquisition and possession of narcotic drugs). However, a later deadline was reduced as a result of the appeal.

On April 16, 2020, Bekaev was to be released, but in the colony he was charged with new charges under Article 319 of the Criminal Code of the Russian Federation (insulting a government official). Then, the case was re-qualified in Part 2 of Article 321 of the Criminal Code of the Russian Federation (disorganization of the activities of institutions providing isolation from society).

As stated in the indictment (available to RT), Bekaev OM due to personal hostile relations, used violence dangerous to life and health in relation to the officer Zykin A.A. It explains that in this way Bekaevhotel wanted to disorganize the activities of the penitentiary institution and prevent the law enforcement officer from fulfilling his duties.

According to the defense, Bekaev entered into a verbal conflict with an employee of the IC because he was deprived of a walk, although he had the right to it. The accused himself said in court that he actually scolded his cellmate. At the same time, the court considered the evidence of the victim himself and the witnesses from among the staff to be sufficient evidence.

He did not want to obey the laws of society

Later, Omar Bekaev was charged again under Article 210.1 of the Criminal Code,. In conclusion, according to investigators, he used his powers, organizing the collection of money, which he subsequently distributed, assigned people to lower levels of the criminal hierarchy, ensured the delivery of food to the colony, and resolved disputes and conflicts between prisoners.

As stated in the decree on attracting Bekaev as an accused, “from an early age, not wanting to obey the laws of society, making money in a legal way,” he decided that “the quickest and easiest way to increase his well-being” is the systematic commission of crimes.

It is also noted there that during the period of imprisonment he began to “perceive the criminal ideology, subculture” and decided to adhere to the rules of the criminal world. Later, according to investigators, his criminal status steadily increased and "he received the nickname Omar of Ufa."

Now he enjoys absolute authority in criminal circles, performs "organizational and distribution functions", honors and disseminates criminal traditions, and is approved in the decree.

It is worth noting that several years ago the media wrote about Bekaev as one of the most influential thieves in the law and a possible contender for the highest position in the thieves' hierarchy after the death of Aslan Usoyan, also known as Ded Hasan.

Asked to protect against COVID-19

On April 14, the Izhevsk Industrial District Court examined the petition of the investigation to select a preventive measure for Omar Bekaev, whose two-year sentence on the narcotic article was expiring. 

Bekayev’s lawyers insisted on the release of the client. According to them, he can wait for a sentence under new articles under house arrest. The accused himself stated in court that he was not a “thief in law” and never was.

According to the defense, there is no evidence that would allow Bekayev to be attracted under Article 210.1 of the Criminal Code - “the prosecution contains only general wording, without specific facts”, and the only witnesses are law enforcement officers who are interested persons.

Lawyers indicated that Bekaev is a disabled person of the first group - he does not see 99%. In addition, they noted that their client cannot be guaranteed security in a pre-trial detention center, given the COVID-19 pandemic.

It was also stated that after the entry into force of April 1, 2019, Article 210.1, he did not take part in gatherings and lived quietly in Moscow with his wife and grandchildren, and since the law does not have retroactive force, Bekaev can only be charged with what happened after the appearance "Anti-theft" article.

Defense did not see direct evidence

In addition to complaints about the state of health of Omar Ufimsky, his defense recalled that in 2018, when Bekaev was involved in a drug storage case, he was already under house arrest and committed no violations.

“The submitted material with a petition for the selection of a preventive measure did not contain direct evidence incriminating Bekaev OM in involvement in the commission of the presented crimes. In pursuit of an increase in the detection rates of especially serious crimes, the investigation completely forgot about the basics of criminal law, and decided to build the prosecution on the testimonies of the FSIN and law enforcement officials. Everything in this case is defective: both facts and law, ”said lawyer Alexei Tyurin.

In turn, the Udmurt police provided information that after leaving Bekaev plans to hide from the republic and put pressure on witnesses whose personal data is known to him.

“Given the given information about the identity of the suspect, there are no grounds for house arrest and a milder form of punishment,” the court decision said.

As a result, Bekaev was detained until May 1.

“The court decision was expected. In such categories of cases, the courts do not oppose the will of the security forces despite the lack of evidence, ”said Oleg Pakhomov, an attorney at law.

According to the Ministry of Internal Affairs, 52 criminal cases have been opened under article 210.1 of the Criminal Code of the Russian Federation, 19 of them in the first quarter of 2020.