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 16 February 2001, the Russian Security Service (known by its Russian acronym FSB) arrested Valentin Danilov for allegedly selling top secret satellite information to a Chinese company. A month later, he was charged with treason and fraud. Dr. Danilov, who heads the Thermo-Physics Centre at Krasnoyarsk State Technical University, maintains that the information was available in scientific journals and had been declassified for 10 years. His research dealt with the effect of solar activity on space satellites.

While in pre-trial detention, Dr. Danilov suffered a heart attack and was briefly hospitalized. Despite some medical attention while in detention, his health has continued to suffer greatly. In October 2001, the treason and fraud case against Dr. Danilov began in the Krasnoyarsk regional court. The Krasnoyarsk court refused his lawyers' requests to release him on bail to seek further medical treatment. In February, Dr. Danilov was too ill to attend his trial and the court was forced to postpone it. On 12 March 2002, the court sent the case back to the FSB for further investigation. At this point, it is unclear when the trial will resume.

A few months ago, Dr. Danilov's defense lawyers once again petitioned the Krasnoyarsk court to release the scientist on humanitarian grounds pending the resumption of his trial. Although the court refused to release him on humanitarian grounds, it did rule that Dr. Danilov could be released on bail. The final figure for the bail has not been set, but Dr. Danilov's family does not have access to funds sufficient to meet bail and other legal needs. Instead, they sent the Russian Supreme Court an appeal to release Dr. Danilov on humanitarian grounds. On 24 April 2002, the Supreme Court upheld the bail conditions of the lower court.

According to a Moscow Times editorial on the Danilov case, scientists are at risk for attempting to commercialize their research because the rules on what constitutes a state secret are unclear. The editorial states, "A 1993 law lists the categories of state secrets, but various government ministries and agencies issue their own, secret lists with new categories, and researchers have no way of knowing for sure what they can reveal and what they cannot." In addition, the FSB continues to have far reaching powers to conduct lengthy investigations that often fail to produce convincing evidence of wrongdoing. 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 during the trial. Since the new code does not come into effect until July, it will not apply to the Danilov case.

The Committee for the International Freedom of Scientists of the American Physical Society (APS) has begun a fundraising campaign to help the Danilov family raise the necessary bail money. For additional information, please contact: Irving A. Lerch and Michele Irwin at the APS (lerch@aps.org and mirwin@aps.org).

(Sources of information for this case include: American Physical Society Committee for the International Freedom of Scientists, Moscow Times Editorial "Separating Spies from Scientists" published on November 10, 2001, and the Moscow Human Rights Organization.)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• Article 9(1): Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are 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 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 faxes, letters, or emails:

• Requesting that the government release Dr. Valentin Danilov immediately on humanitarian grounds so that he can seek vitally needed medical care;
• Expressing concern at the apparent lack of evidence to support the charges of treason and fraud against Dr. Danilov, as the information he allegedly attempted to sell to a Chinese company has been publicly available in scientific journals and was declassified 10 years ago;
• Expressing concern that the Krasnoyarsk court has ordered the case back to the FSB for future investigation, even though the first investigation failed to uncover sufficient evidence of Dr. Danilov's wrongdoing;
• Requesting that the government drop all criminal charges against Dr. Danilov immediately and unconditionally.

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
Embassy of the Russian Federation
2650 Wisconsin Avenue, NW
Washington, DC 20007
Fax: (202) 298-5735
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.

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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