AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Dr. Oscar Kaibyshev, 67, a physicist in Ufa, Bashkortostan, has been found guilty of espionage, having allegedly exported dual-use technology to South Korea. Dr. Kaibyshev was sentenced to six years suspended prison sentence, at least a $130,000 fine, and a 3 year prohibition from taking any position of leadership. Both sides say they will appear the verdict.

In February 2005, the Russian Security Forces (known by their Russian acronym, FSB) detained and interrogated Dr. Kaibyshev on possible espionage charges related to selling dual-use technology - that is technology that has both civilian and military purposes - to a South Korean tire-manufacturing company. Dr. Kaibyshev maintains his innocence, saying that the technologies are already patented in the U.S., and is thus in the public domain and not prohibited technology.

Kaibyshev's attorney, Yuri Gervis, is reported as saying "In our country, when an investigation is held by the FSB, it is practically impossible to find someone not guilty...The judge needs to continue working, but his professional ethics and his decency didn't allow him to send Kaibyshev to prison."

Oscar Kaibyshev's case is yet another in the recent resurgence of spy trials in Russia. These trials primarily target scientists working in international collaborations, making the climate very tense in Russia for scientists who maintain international contacts and commercialize their research. Other scientists jailed in spy trials include Valentin Danilov and Igor Sutyagin, who was recently honored at an AAAS reception.

Dr. Kaibyshev is convinced that his arrest and trial were instigated by an old colleague who wants to gain control of the profit from Kaibyshev's patents, and has used connections with the FSB to attempt to pressure Kaibyshev into giving him the patents. Dr. Kaibyshev is the former Director of the Institute for Metals Superplasticity Problems (IMPS), a division of the Russian Academy of Sciences, one of Russia's leading research and development centers in materials science and processing.

(Sources of information for this case include: Washington Post, Voice of America News, RIA Novosti and correspondence with Kaibyshev's family and friends)

RELEVANT HUMAN RIGHTS STANDARDS

International Covenant on Civil and Political Rights

• 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.
• Article 19(1): Everyone shall have the right to hold opinions without interference.
• 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:

• Commending the court on its suspension of Dr. Oscar Kaibyshev's prison sentence, but expressing your concern that he was found guilty, even though it appears that the IMPS was engaged in legitimate scientific research; and
• Reminding the government that prosecuting an individual solely for the peaceful exercise of his or her right to freedom of expression and association 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 Sarah Olmstead, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6787; email shrp@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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