AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

On 9 June 2004, the Russian Supreme Court overturned Dr. Valentin Danilov's acquittal of espionage. Dr. Danilov is the head of the Thermo-Physics Center at Krasnoyarsk State Technical University. He was arrested in February 2001 on charges of treason and fraud for allegedly selling top secret satellite information to a Chinese company. His research dealt with the effect of solar activity on space satellites. Dr. Danilov has consistently maintained that this information has been available in scientific journals and had been declassified for over 10 years. The Supreme Court overturned the acquittal on procedural grounds, stating that the defense team had pressured jurors, a charge that the defense team strongly denies.

The trial was one of the first jury trials in Russia. The use of juries is a new practice in the Russian courts, but is one still plagued by procedural irregularities and a lack of due process. For example, prosecutors have been able to ask leading questions of witnesses and frame questions to juries in a way that ensures the desired outcome. This irregularity has recently been addressed by the legislature.

In a press report, Dr. Danilov stated that he was "very unhappy about [the ruling] and consider it unfair and groundless." Lawyers in other so-called "spy cases," such as the treason case of Dr. Igor Sutyagin, also expressed concern that this recent ruling represented a setback for human rights in Russia. The Russian security forces, the FSB, have targeted scientists who maintain foreign contacts. Such cases are a serious concern for the Russian scientific community because science is an international enterprise that requires freedom of thought, expression and movement, and the freedom to pursue professional activities without interference.

(Sources of information for this case include: American Physical Society Committee for the International Freedom of Scientists and the The Washington Post.)

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 13: An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your concern about the Supreme Court's decision to overturn the acquittal of Dr. Valentin Danilov;
• 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;
• Reminding the government of Russia that the scientific enterprise requires freedom of thought, expression and movement, and the freedom to pursue professional activities without interference, all of which are codified in the international human rights laws and standards that the government has pledged to uphold.

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 7 095 206 6277
president@gov.ru
Salutation: Your Excellency:

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: (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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