AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

View the digitally signed version of this alert.

FACTS OF THE CASE:

On 20 March 2002, the Supreme Court of the Russian Federation issued a ruling that prolongs Dr. Igor Sutyagin's legal ordeal for at least six more months. The Supreme Court upheld a lower court's decision to institute a second investigation into the case and rejected an appeal to release the Russian researcher during the investigation, which is expected to take six months. Dr. Sutyagin has been held in a Kaluga jail since the Federal Security Service (FSB) arrested him over two years ago on charges of espionage. The charges are related to research Dr. Sutyagin conducted for Alternative Futures, a London-based consulting firm. The research involved summarizing and analyzing news articles about the military. The lengthy FSB investigation failed to turn up any evidence that Dr. Sutyagin ever had access to any classified materials. Dr. Sutyagin is a civilian researcher with no security clearances. He has consistently maintained that he only analyzed information that was openly published in the Russian press and available to researchers worldwide.

Dr. Sutyagin's case was heard in the Kaluga Regional Court, which began a closed door trial in early 2001. In December 2001, the regional court ruled that the indictment presented by the FSB was too vague and the prosecution had failed to present sufficient evidence to convict Dr. Sutyagin. However, instead of acquitting him at that point, the Kaluga court decided to send the case back to the FSB for further investigation. It was the second FSB investigation and the continued detention of Dr. Sutyagin that defense lawyers were appealing to the Supreme Court.

Dr. Sutyagin's lawyers decried the Supreme Court's ruling as being politically motivated. In a recent news article, Dr. Sutyagin's lead attorney stated, "There may have been little politics in the Sutyagin case at the beginning, but these days purely political decisions are being made because the very prestige and dignity of the FSB depend on them." The lawyers contend that if the first FSB investigation failed to provide sufficient evidence, a second investigation is also unlikely to uncover any new information. In fact, the practice of sending cases back to the FSB for further investigation will no longer be allowed after 1 July 2002, when a new criminal procedure code comes into effect. The code requires the court to acquit a defendant if the prosecution fails to provide sufficient evidence. Since the Sutyagin case began before it takes effect, the new code will not apply to this case.

Defense lawyers are also concerned about Dr. Sutyagin's health, which has deteriorated greatly during his 30 months in prison. According to reports, prison conditions are harsh and his cell is severely overcrowded. Due to his poor health, Dr. Sutyagin was unable to travel to Moscow for the Supreme Court appeal.

Dr. Sutyagin plans to appeal his case to the European Court of Human Rights within the next six months. It is widely expected that the Strasbourg-based court will rule in Sutyagin's favor.

Human rights organizations fear 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: http://www.case52.org, a website about Igor Sutyagin's case, and the Moscow Times.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• 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.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing concern at the lack of evidence to support the charge of 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 detention as he has already spent more than two years in detention and his health has suffered greatly; and
• Expressing your hope that the Russian state will support the rule of law and international human rights standards by dropping what appears to be politically motivated charges against Dr. Sutyagin.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Vladimir Vladimirovich Putin
President of Russia Federation
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
Embassy of the Russian Federation
2650 Wisconsin Avenue, NW
Washington, DC 20007
Fax: (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
moscow@hro.org

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.

Main | CSFR Letters | Science and Human Rights Program