AAAS Scientific Responsibility, Human Rights and Law Program

View Alerts By > Case | Date | Country | Victim

AAAS Human Rights Action Network

FACTS OF THE CASE:

In February 2005, the Russian Security Forces (known by their Russian acronym, FSB) detained and interrogated Dr. Oscar A. Kaibyshev on possible espionage charges related to exporting dual-use technology to South Korea that is technology that has both civilian and military purposes. Dr. Kaibyshev is the former Director of the Institute for Metals Superplasticity Problems (IMPS), a division of the Russian Academy of Sciences. IMPS is one of Russia’s leading research and development centers in the field of materials science and processing. If found guilty, Dr. Kaibyshev faces a 10 year prison sentence. In addition to possible criminal charges, Dr. Kaibyshev was also fired from IMPS on 18 January 2005.

The technology in question is superplastic metal in spherical cylinders for use in tire manufacturing. Superplasticity is the process of lining up molecules in a metal to provide resistance to breaking under stress. Dr. Kaibyshev had an agreement with a tire manufacturer, Artisan Spirited Alloy. The research conducted by Dr. Kaibyshev has been patented in the United States and has been the subject of several scientific research articles. In other words, the research in question has been in the public domain for many years and does not contain state secrets.

Dr. Kaibyshev co-authored a forthcoming book on superplasticity, which deals with the technology related to the dual-use export charge. Research for the book involved technical cooperation with US-based companies, including General Electric. The research for the book was funded by the International Science and Technology Center, a multinational project that funds civilian research for scientists who worked for the former Soviet Union weapons program.

The climate for scientists who maintain international contacts and commercialize their research is very tense in Russia. Many scientists have come under scrutiny from the FSB in so called “spy cases.” According to reports, Dr. Kaibyshev noted that the FSB has been actively restricting the work of IMPS for over two years, including one incident when the FSB took a safe belonging to the Institute. When it was returned, IMPS grant money that had been inside was missing. FSB officials threatened Dr. Kaibyshev when he inquired about the stolen money. Despite threats, he pursued the matter with the authorities and the Office of the Public Prosecutor found the FSB guilty.

In order to remove any suggestion of impropriety, the Russian Academy of Sciences conducted an independent audit of all of IMPS’ contracts. They found that no unauthorized data was exported to any country.

Dr. Kaibyshev remains under house arrest and is prohibited from leaving his hometown of Ufa.

(Sources of information for this case include: Press release of Futurepast, Inc., correspondence with family members of Dr. Kaibyshev and the Chronicle of Higher Education.)

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.
• Article 22: Everyone shall have the right to freedom of association with others.

Universal Declaration of Human Rights

• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• Article 20(1): Everyone has the right to freedom of peaceful assembly and association.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your concern about the FSB investigation of the Russian Academy of Sciences’ Institute of Metals Superplasticity Problems (IMPS) and its director, Dr. Oscar A. Kaibyshev because it appears that the IMPS was engaged in legitimate scientific research;
• Requesting that Dr. Kaibyshev be removed from house arrest pending the conclusion of the investigation; and
• Reminding the government that prosecuting an individual solely for the peaceful exercise of his or her right to freedom of expression and associate 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.

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.

Main | CSFR Letters | Science and Human Rights Program