Statement of the Moscow Domodedovo Airport in response to the information distributed by Mass Media on the basis of the press-release by the Investigation Committee of the RF dated 20 July 2011 On the progress of the criminal case on failure to perform th
Confirming its interest in the objective investigation and furnishing correct data to the investigative authorities and public the press-service of the
Moscow Domodedovo Airport deems necessary to assert that some ambiguities contained in the press-release of the IC of the RF dated 20.07.11 distributed by the Mass Media and interpretation of this press-release in the article No Chance to Seize the Domodedovo Airport (Kommersant No. 4673 dated 21.07.11) could form wrong vision of the facts considered in the course of the criminal case No. 201/713013-11 in the public.
For example, most publications leave out that fact that security requirements, failure to perform which forms the basis for the criminal case No. 201/713013-11, were not in existence at the moment of the terrorist attack. They were developed after the attack, approved by the Order of the Ministry of Transportation of the Russian Federation on 8 February 2011 and enacted only on 27 March 2011.
Search for the airport owner, probably, meaning the shareholder of the body corporate owning the transportation infrastructure site, has no direct relation to the transportation security. According to the Article 53 of the CC of the RF a body corporate accepts civil rights and obligation through its bodies, i.e. operational management. The shareholder of the company, as opposed to the executive bodies, is not liable for its obligations (чpart 3, Article 56 of the Civil Code of the Russian Federation, Article 3 of the Federal Law On Joint-Stock Companies). The shareholders of the owning company may not be seen as the person liable for the transportation security also according to the Law On the transportation security. Also, basing on the definition of the term "airport" (part 3, art. 40 of the Air Code of the RF), there is no single owner of the airport. The owners of specific items included into the airport are different bodies corporate, as well as the state, which owns the infrastructure of the airdrome.
Statements on poor security measures and lack of financing of the passenger and visitor control and examination systems from the airport are also untrue and not based on any facts.
At the moment of the terrorists attack the airport was implementing the FAR Aviation Security Requirements for Airports (Order of the Ministry of Transportation of Russian dated 28.11.2005 No. 142), and according to that FAR selective examinations of the passengers and visitors had been performed. This procedure was in compliance with the valid Examination Technology at the Entrances to Air Terminals approved in 2010 and approved by the Federal Agency for Transport Supervision and LUVD in the Domodedovo Airport. The video footage of the terrorist entering the building evidences that the transportation police officer was on place, the post was equipped with all necessary examination equipment in good working state. In order to create objective image of the operation of the equipment of the Moscow Airport Domodedovo on 24 January 2011 we offer an opportunity to see the video footages of operations of the examination equipment one hour before the terrorist entered, terrorist entering the building, operation of the examination equipment two hours following the explosion.
After the attack the check of the implementation of the aviation security procedures in the Russian Federation was conducted on the basis of the Moscow Domodedovo Airport. ICAO Commission, which has been operating from 10 to 17 March 2011, with the participation of the Federal Transport Oversight Agency representative gave positive evaluation of the aviation security at the Domodedovo Airport.
As to the financing, the Moscow Domodedovo Airport invested more than 30 mln. USD for the last 10 years into the aviation security, including technical equipment - more than 25 mln. Planned investments to the transportation security for 2011 are more than 12 mln. USD.
The assertion that Moscow Airport Domodedovo uses counterfeit software due to the strict economy regime is untrue. The software supporting the operations of the air navigation systems is purchased not by the Moscow Domodedovo Airport, but by the Moscow Center for Automated Management of the Air Traffic, which is a division of the Federal State Unitary Enterprise State Corporation for OrVD. International Association of the Software Manufacturers Business Software Alliance (BSA) stated its position in regards to other software the next day after the publication of press-release. It reported that it "has no information that any software for the air navigation and security systems of the Domodedovo Airport could have been acquired illegally". ("Software manufacturers have no information on any pirate software in Domodedovo". RIA Novosti, 21.07.11).
The statement of the IC of the RF on assertion of Dmitry Kamenshik on "searches and seizure of documents were allegedly conditioned by an attempt of possible raider seizure" is also not true.
At the press-conference dated 19 July 2011 answering a question of the Moscow News newspaper Dmitry Kamenshik said:
Question (Moscow News): "You have had a seizure of documents at the airport not long ago, usually when this happens the companies complain that they are forced to suspend operations, it is impossible to work with their partners, the accounts get closed, but you didn't give a slightest moan in relation to this unfortunate event...."
Answer (D. Kamenshik): “I confirm the statement made by the press service of the investigative committee (dated 30.06.11) that there was no threat to the operations of the Domodedovo Airport. In fact, the search was conducted in such a way that the airport continued its normal operations; we didn’t miss a single flight. I hope that the interrogation teams (or team) have performed all objectives set by their superiors. Some documents and hard drives were taken; there was search in the premises. I do not have power to comment on the reasons and outcomes from the point of view of the investigation. I am not aware of any. I am not a professional, or even a qualified observer, in this area. As to my knowledge, it was related to the terrorist attack. But I, as a manager and citizen, am glad to think that all these documents are to help to find reasons and requester of this attack, which is a terrible event for me, as well as for all of us. … the state and any head of the state, all executive bodies of the state should put a fight against the terrorists. That is why I pray to God that all of this would serve this purpose. Nothing crucial for our operations was taken. Everything was done properly. By the way, I would say, that there was no violation of our rights during the search”.
Also the statement of the IC of the RF that “D. Kamenshik refused to give an answer to the question of the interrogator who is the real owner of the foreign company and Domodedovo referring to the art. 51 of the Constitution of the Russian Federation” is incorrect.
Here is the exact quote from the questioning of Dmitry Kamenshik on 8 June 2011:
Question of the interrogator to the witness: "Please, explain what property is owned by the Domodedovo Airport Complex and how were they obtained?"
Answer: "As I've said, airport is comprised of all kinds of property. Different property is owned by different owners. For example, many items belong to the Russian Federation, others - to the municipality represented by the Administration of the Domodedovo Area".
Question of the interrogator to the witness: "Who is the 100% holder of the shares of the Domodedovo Airport Complex?"
Answer: "The Airport Complex consists of many legal entities with different shareholders".
Press service of the Moscow Domodedovo Airport addresses to the Mass Media, which have distributed the press-release of the IC of the RF dated 20.07.11 and republished the article No Chance to Seize the Domodedovo Airport (Kommersant No. 4673 dated 21.07.11), with the kind request to pay their attention to these untrue facts. Press service of the Moscow Domodedovo Airport offers to publish and publicize this statement of the Moscow Domodedovo Airport for the sake of objective information of the public.