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:

The Russian Supreme Court has granted Dr. Igor Sutyagin's appeal of a regional court decision and will hear the appeal in March or April of this year. This is a significant step and may represent the best opportunity yet to finally bring this case to an end. In addition, the Supreme Court has the full and sole discretion to release an individual from detention. Dr. Sutyagin has been imprisoned since his arrest in October 1999. The court will also have the opportunity to uphold a lower court's decision that there is insufficient evidence to support the charge of espionage. If the Supreme Court rules in favor of the defense, Dr. Sutyagin will be released from jail and cleared of all charges against him.

Dr. Sutyagin's ordeal began in October 1999 when the Federal Security Service (FSB), the successor to the Soviet-era KGB, arrested him on charges of espionage. The FSB conducted a lengthy investigation into Dr. Sutyagin's research projects on civilian-military relations because they were convinced that he had used classified sources to draw his research conclusions. Ultimately, the year-and-a-half investigation, which included a thorough search of his office and residence, failed to turn up any evidence that Dr. Sutyagin had access to classified materials. As a civilian researcher, Dr. Sutyagin never had a security clearance. He has consistently maintained that he only analyzed information that was openly published in Russian press and available to researchers worldwide.

Following the FSB investigation, a closed door trial in the Kaluga Regional court began in early 2001. At the conclusion of the trial in December 2001, it appeared that the Kaluga Regional court recognized the lack of evidence to support the espionage charges. During the trial, the prosecution relied heavily on testimony from intelligence experts who contended that Dr. Sutyagin's research was so accurate that it must have come from classified sources. The court struck these testimonies because none of the experts could identify exactly the classified information that Dr. Sutyagin might have used to produce his report. The court also found that the FSB committed "substantial violations of legal procedure" that deprived Dr. Sutyagin of his "constitutional right to defend himself."

However, despite its recognition of a lack of evidence, as well as misconduct on the part of the FSB, the Kaluga court did not rule to dismiss all charges. Instead, the court ordered a second investigation and continued detention of Dr. Sutyagin. It is the second investigation that Dr. Sutyagin's lawyers are appealing in the Supreme Court. They are also asking the court to release Dr. Sutyagin from pretrial detention on humanitarian grounds. According to reports, prison conditions are harsh and his cell is severely overcrowded. His health has deteriorated significantly during his two years in detention.

The Supreme Court review of the case could be a significant opportunity to finally clear all charges against Dr. Sutyagin and release him from prison. In a similar case, the Supreme Court demonstrated a commitment to the rule of law and upheld a lower court's decision acquitting engineer Alexander Nikitin in 2000. Nikitin credited the strong international pressure on his behalf as the decisive factor in finally ending his five-year ordeal in the courts. Dr. Sutyagin's defense lawyers and Russian human rights organizations believe that letters from members of the international scientific community sent to the Supreme Court now could be instrumental in ending Dr. Sutyagin's legal nightmare. The Science and Human Rights Program urges you to send a letter on Dr. Igor Sutyagin's behalf and to forward this message to your colleagues.

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).

(Sources of information for this case include: , a website about Igor Sutyagin's case, and the Human Rights Network in Russia. For more information on the Nikitin case, please visit our website at .)

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

RECOMMENDED ACTION:

Please send faxes, letters, or emails to the Supreme Court:

• Expressing concern at the lack of evidence to support the charges of treason and espionage against Dr. Igor Sutyagin and the apparent prosecution of Dr. Sutyagin for conducting legitimate academic research;
• Reminding the court 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, and that freedom of expression is central to the scientific mission;
• Requesting that Dr. Sutyagin be released from pretrial detention as he has already spent more than two years in detention and his health has suffered greatly;
• Expressing serious concern regarding the Kaluga 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; and
• Expressing your hope that the Russian Supreme Court will continue to support the rule of law and international human rights standards by upholding the lower court's decision to dismiss the case for lack of evidence and will order Dr. Sutyagin to be immediately and unconditionally released.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Vyacheslav Mikhailovich Lebedev
Chairman
Supreme Court of the Russian Federation
Ulitsa Il'inka, 7/3
Moscow 103289
Russian Federation
Fax: 011 7 (095) 921-1926
Salutation: Dear Chairman Lebedev

COPIES SENT TO:

Yuri V. Ushakov
Ambassador of the Russian Federation to the United States
Embassy of the Russian Federation
2650 Wisconsin Avenue, NW
Washington, DC 20007
Fax: 1 (202) 298-5735
Salutation: Dear Mr. Ambassador

Andrei Blinushov
Human Rights Network
390000, Ryazan-Center
P.O.Box 20
Russia
Fax: 011 7 (095) 206-0582
Salutation: Dear Mr. Blinushov

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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