AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

On 20 June 2001, the Kaluga regional court postponed Dr. Igor Sutyagin's trial. The trial is expected to resume on 17 July 2001. It is unclear why the court issued this decision as neither the prosecution nor Dr. Sutyagin's defense lawyers requested a postponement. The judge presiding over the trial did not issue an explanation.

The Federal Security Service (FSB), successor to the Soviet-era KGB, detained Dr. Sutyagin, 36, in October 1999 and charged him with espionage and high treason. At the beginning of the FSB investigation it appeared that Dr. Sutyagin was being targeted for research that he conducted for the USA-Canada Institute, a respected Moscow think tank. The research in question focused on the evolving civilian-military relationship in twelve post-Communist countries, including Russia. It now appears that the charges stem from some research Dr. Sutyagin conducted for a London-based company called Alternative Futures. The research involved summarizing and analyzing articles that appeared in the Russian press. The Russian government is contending that the London-based organization is a front for Western spies. The head of the FSB counterintelligence office publicly stated that he believes Alternative Futures to be "an organization set up by the intelligence service of one of the NATO countries." However, the FSB presented no evidence to support this claim.

Dr. Sutyagin's defense team has been unable to contact Alternative Futures. The company appears to have closed and left no forwarding address. Sutyagin's defense lawyer, Anna Stavitskaya, believes there could be numerous reasons why the company has closed, including fears of having its name involved in a Russian spy case.

Dr. Sutyagin is a civilian researcher with has no military clearances and therefore, has never had access to any classified materials. He conducted his scientific research using only publicly available material. In the October 1999 search of his home and office, no classified military information was found. The FSB conducted a year-long investigation, which also failed to provide any evidence of his wrongdoing. Despite the lack of clear evidence, the FSB has openly referred to Dr. Sutyagin's case as "academic work espionage."

There has been continued concern that the trial will not meet international standards for fairness. Of most recent concern, the FSB guards are restricting Dr. Sutyagin's access to his lawyers. The court limited his ability to talk to his lawyers during the trial. His attorneys must formally ask for approval from the presiding judge each time they wish to speak to their client.

The FSB has held Dr. Igor Sutyagin in the Kaluga jail since his arrest in October 1999. Prison conditions are harsh and Dr. Sutyagin is being held in an overcrowded cell. Dr. Sutyagin's health has been deteriorating during the 18 months he has spent in prison. The court recently prohibited Dr. Sutyagin's lawyers from continuing to give him vitamins and medicine.

(Sources of information for this case include: http://www.case52.org, the Washington Post, and the New York Times.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(2): Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his [or her] arrest and shall be promptly informed of any charges against him [or her].
• Article 10: All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
• Article 14(1): All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him [or her], or of his [or her] rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
• Article 19(1): Everyone shall have the right to hold opinions without interference.

International Covenant on Economic, Social and Cultural Rights

• Article 12: (1): The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. (2): The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

UN Standard Minimum Rules for the Treatment of Prisoners

• Article 8(b): Untried prisoners shall be kept separate from convicted prisoners.
• Article 9(1): Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.
• Article 10: All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
• Article 22(2): Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

Universal Declaration of Human Rights

• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Expressing concern about reports that Dr. Igor Sutyagin's access to his lawyers has been limited and that he has been prohibited from receiving vitamins and other medicines from his lawyer; and
• Expressing concern about the apparent lack of evidence to support the charges of treason or espionage against Dr. Igor Sutyagin.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Vladimir Vladimirovich Putin
President of Russia
The Kremlin
Moscow
Russia
Fax: 011 7 095 206 5173 or 011 7 095 206 6277
president@gov.ru
Salutation: Dear Mr. President

COPIES SENT TO:

Yuri V. Ushakov
Ambassador of the Russian Federation to the United States
2650 Wisconsin Avenue, NW
Washington, DC 20007
fax: (202) 298-5737
Salutation: Dear Mr. Ambassador

Vladimir V. Ustinov
Prosecutor General
Prosecutor General Office
15a Bolshaya Dmitrovka Street
Moscow, Russia 103793
Fax: +7 (095) 921-4186
Salutation: Dear Prosecutor General

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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