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:

After a decision of the Kaluga Regional court on 27 December 2001, Dr. Igor Sutyagin faces yet another round of investigation and continued imprisonment. Dr. Sutyagin is a researcher specializing in military affairs at the U.S. and Canada Institute in Moscow. He faces charges of espionage and high treason that are related to a research project that he 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. While he awaited trial, Dr. Sutyagin remained in jail. The trial, which began over a year later, has been postponed several times for procedural reasons and, on one occasion, to allow the defense more time to prepare its case. However, this recent order of the court may be the most troubling delay.

During court hearings held in November 2001, Dr. Sutyagin's defense lawyers pointed to several holes in the prosecution's case. The prosecution relied on testimony from intelligence experts who contend that Dr. Sutyagin's research is so accurate that it must have come from classified sources. However, there has been no positive evidence that Dr. Sutyagin had access to classified sources. Dr. Sutyagin did not have a security clearance and used only unclassified materials, such as newspaper articles, to conduct his research. The FSB, despite searches of Dr. Sutyagin's office and home, has failed to produce any evidence of classified materials.

In December, the court found that the FSB committed "substantial violations of legal procedure" that deprived Dr. Sutyagin of his "constitutional right to defend himself." The court found that the charges against Dr. Sutyagin are "not specific" as the prosecution has never identified exactly what secrets Dr. Sutyagin allegedly gave to foreigners. The prosecution asked their expert witnesses if there were government secrets contained in Dr. Sutyagin's research. Each expert replied that there were secrets, but failed to identify exactly which aspects of the research contained classified materials. This deprived Dr. Sutyagin of the right to refute the specific claims of divulging classified materials and the opportunity to prove that the information came from unclassified sources.

Dr. Sutyagin's defense has stated that the Kaluga court's decision confirms what they have been contending all along, that the FSB has fabricated the case against Dr. Sutyagin and the charges have no factual or legal foundation. However, instead of throwing the case out because of the procedural irregularities and the lack of evidence, the judge has ordered a second investigation. Dr. Sutyagin will remain in jail during this new investigation. The defense is appealing the decision to the Supreme Court of the Russian Federation.

There is great concern 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).

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• 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.

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.

Universal Declaration of Human Rights

• Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his [or her] rights and obligations and of any criminal charge against him [or her].
• 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;
• Reminding the government that prosecuting an individual solely for the peaceful exercise of his or her right to freedom of expression is in direct violation of several human rights standards that the Russian Federation is obligated under international law to uphold;
• Expressing grave concern regarding the court's order of a second investigation into these charges despite its finding that the FSB committed "substantial violations of legal procedure," which deprived Dr. Sutyagin of his "constitutional right to defend himself" and despite the fact that the prosecution has failed to provide any evidence of Dr. Sutyagin's wrongdoing;
• Requesting that if a second investigation is ordered that Dr. Sutyagin be released from pretrial detention; and
• Requesting that the government use its good offices to ensure that if there is no evidence to support the charges against Dr. Sutyagin that all charges against him be dropped and they he be immediately and unconditionally released.

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) 298-5735
Salutation: Dear Mr. Ambassador

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

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.

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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