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 12 November 2001, defense attorneys for Dr. Igor Sutyagin began their defense statements to the court. Dr. Sutyagin, a researcher specializing in military affairs at the U.S. and Canada Institute in Moscow, faces charges of espionage and high treason. The charges are related to a research project that Dr. Sutyagin conducted for a London-based company called Alternative Futures. The research involved summarizing and analyzing articles about the military that appeared in the Russian press. The Federal Security Service (FSB), successor to the Soviet-era KGB, detained Dr. Sutyagin in October 1999 and began a lengthy investigation. 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 has yet to provide clear and compelling evidence to support these charges.

On 29 October, the trial resumed after a postponement this summer. The judge declared the court investigation closed and invited the prosecutor and defense to address the court. On 1 November, the prosecutor read the charges without presenting any new evidence and requested a 14-year prison sentence. The prosecution did not respond to any of the defense's questions about the legality of the charges. The defense requested a week to prepare its comments to the court.

During the trial, Dr. Sutyagin and his defense team pointed to several of the shortcomings in the prosecution's case. The prosecution has been relying on testimony from intelligence experts who contend that Dr. Sutyagin's research is so accurate that it must have come from classified sources. However, Dr. Sutyagin, as a civilian researcher, has never had access to classified materials. Several searches of his office and residence by the FSB have failed to turn up any classified material. Dr. Sutyagin has consistently maintained that he used only unclassified materials, such as newspaper articles, to conduct his research. Furthermore, the intelligence experts are basing their conclusions about Dr. Sutyagin's work on a secret government decree. The Minister of Defense issued Decree No. 55, which is classified government document that determines which categories of military data can be considered secret. The government has not granted Sutyagin's defense team full access to Decree No. 55. In addition, this past September, the Russian Supreme Court admitted that some of the provisions in the Decree No. 55 contradict the law.

During earlier hearings, FSB guards imposed restrictions on Dr. Sutyagin's access to his lawyers. The court limited his ability to talk to his lawyers during the trial by requiring the attorneys to formally ask for approval from the presiding judge each time they wished to speak to their client. These restrictions remain in place.

The FSB has held Dr. Igor Sutyagin in a 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 two years he has spent in prison.

It appears that Dr. Igor Sutyagin is being prosecuted for the peaceful exercise of his freedom of expression and academic freedom, which is in violation of several articles of the Universal Declaration of Human Rights (adopted without opposition by the United Nations General Assembly on 10 December 1948) and the International Covenant on Civil and Political Rights (the Russian Federation is a state party).

(Sources of information for this case is www.Case52.org, a website about Igor Sutyagin's case. The Washington Post also issued an editorial about the Sutyagin case on November 12, 2001.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• 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 19(1): Everyone shall have the right to hold opinions without interference.
• 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.

Universal Declaration of Human Rights

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

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing concern that there appears to be a lack of evidence to support the charges of treason and espionage against Dr. Igor Sutyagin, and as such, it appears that Dr. Sutyagin is being prosecuted for conducting legitimate academic research;
• Expressing concern about several irregularities in the trial, including restricting defense lawyer's access to the key document in the case, Decree No. 55 and limiting Dr. Sutyagin's access to his lawyers; and
• Requesting that the government take all necessary steps to ensure that the trial meets international standards of fairness.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency 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

Vladimir V. Ustinov
Prosecutor General
Prosecutor General Office
15a Bolshaya Dmitrovka Street
Moscow, Russia 103793
Fax: 011 7 095 921-4186
Salutation: Dear Prosecutor General

COPIES SENT TO:

Yuri V. Ushakov
Ambassador of the Russian Federation to the United States
Embassy of the Russian Federation to the United States
2650 Wisconsin Avenue, NW
Washington, DC 20007
Fax: 1 (202) 298-5737
Salutation: Dear Mr. Ambassador

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. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are 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.

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