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Letter of Appeal from the AAAS Committee on Scientific Freedom and Responsibility

Vyacheslav Mikhailovich Lebedev
Chairman
Supreme Court of the Russian Federation
Ulitsa Il'inka, 7/3
Moscow 103289
Russian Federation
VIA FACSIMILE: 011 7 (095) 921-1926

Dear Chairman Lebedev:

The American Association for the Advancement of Science (AAAS) is the largest organization of natural and social scientists in the United States and the world's largest federation of scientific organizations, with 145,000 individual members and 300 affiliated groups. AAAS publishes the preeminent scientific journal Science. The association is concerned about the role of science in the world, including the rights and responsibilities of scientists. Our AAAS Committee on Scientific Freedom and Responsibility was formed in 1976 to protect the human rights of scientists, engineers, and health professionals and to deal with issues relating to scientific freedom worldwide.

I am writing to express my concern about the case of Dr. Igor Sutyagin. The AAAS Committee on Scientific Freedom and Responsibility has been actively following this case since Dr. Sutyagin's arrest in October 1999. There appears to be a lack of evidence to support the charges of treason and espionage against Dr. Igor Sutyagin, and as such, I fear that Dr. Sutyagin is being prosecuted for conducting legitimate academic research. According to all reports, Dr. Sutyagin, as a civilian researcher without a security clearance, used only unclassified materials, such as newspaper articles, to conduct his research. The FSB searches of Dr. Sutyagin's office and home have failed to produce any evidence that Dr. Sutyagin ever had access to classified materials.

I understand that the Supreme Court will be considering this case in March or April 2002 and that it is the Supreme Court's full and sole discretion to release an individual from pretrial detention. I urge you to use the Court's authority to release Dr. Sutyagin from jail as he has been held for over two years pending a lengthy investigation and several delays in the regional court proceedings. Reports state that the jail conditions are harsh and Dr. Sutyagin is being held in a cell originally designed to hold eight, but now holds 28 individuals. While in detention, Dr. Sutyagin's health has suffered greatly.

I am particularly troubled to learn that the Kaluga regional court ordered a second investigation of Dr. Sutyagin. A second investigation seems unwarranted given the lack of evidence found in the initial investigation to support the charges. Furthermore, the same court found that the FSB committed "substantial violations of legal procedure," which deprived Dr. Sutyagin of his "constitutional right to defend himself." I remain unconvinced that Dr. Sutyagin's rights would be protected in a second investigation or trial.

I am pleased that the Russian Supreme Court will be reviewing this case. I hope that the Supreme Court will continue its support of the rule of law and international human rights standards by upholding the lower court's decision to dismiss the case against for lack of evidence and will order Dr. Sutyagin to be immediately and unconditionally released. The Supreme Court demonstrated its commitment to these ideals in the case against Alexsander Nikitin and it is my sincere hope that it will continue this commitment in Dr. Sutyagin's case.

As you well know, 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. These rights are enumerated in 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). Specific provisions include the following:

Universal Declaration of Human Rights
· Article 9: No one shall be subjected to arbitrary arrest, detention or exile.
· Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his [or her] rights and obligations and of any criminal charge against him [or her].
· 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.

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: Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [or her] choice.

I appreciate your consideration of this very important matter.


Sincerely,

Carole Nagengast, Ph.D., Chair
Committee on Scientific Freedom
and Responsibility

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