Posts
No. 004
U.S. Consulate General in Vladivostok
December 27, 2000
Pasko Pleads for Western Support
By James Schumaker, A/Consul General
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| Capt. Grigoriy Pasko after his release from prison in 1999 |
Summary
1. (SBU) On
December 15, Acting CG and Pol/Econ Assistant met with Grigoriy Pasko, a
military journalist accused of treason by the FSB, to discuss recent
developments in his case. Pasko believed that his retrial would begin in
about two or three months’ time, and that the proceedings could drag on
for more than a year. He was not optimistic about his chances for
acquittal, and was hoping for assistance from Western human rights
organizations and prominent political figures. Pasko said he was
destitute, since the military would not allow him to retire, and
was not paying him either, and since newspapers were reluctant to
hire him as a freelance, for fear of coming under FSB scrutiny. Pasko said
he was also troubled that the Japanese government had never once come
to his defense. Pasko conveyed to A/CG a letter to the U.S. Congress
(informal translation, edited for clarity, attached after para 8). Pasko
said he hoped that this could form the basis of a congressional
letter-writing campaign on his behalf.
Background
2. (U) Captain
Second-Rank Grigoriy Pasko, a former correspondent of “Boyevaya Vakhta”
(“Combat Duty”), was arrested by the Russian Federal Security
Service (FSB) at Vladivostok airport on November 20, 1997 upon his
return from a business trip to Japan. Pasko was accused of divulging state
secrets by passing information to a Japanese news agency about
Russia’s dumping of nuclear waste into the Pacific and
the environmental pollution caused by spent missile fuel.
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| Missile Fuel Leak at Konyushkovo Bay June 2000 |
3. (U)
Pasko was held in pre-trial detention during the FSB’s investigation of
the charges against him, a process that took 20 months. Pasko’s indictment
was classified as secret, making it difficult for his attorneys to
mount a proper legal defense. The trial, which began on January 21, 1999,
took six months. Pasko was charged with treason under
Article 275
of the Russian Federation Criminal Code. As the prosecution could not
prove his guilt under this article, the charges were reduced and he was
convicted instead of “misuse of official position,” article 285, Part
I of the criminal code. The sentence for this charge was three years in
prison. According to the State Duma’s Amnesty Decree of June 18, 1999,
Pasko was granted amnesty and was released on July 20, 1999, having
already served two thirds of his sentence in pre-trial detention. Neither
side was satisfied with the verdict.
4. (U) On
September 22, 2000 Pacific Fleet Prosecutor Suchkov appealed the court’s
decision to the Military Collegium in Moscow. Suchkov claimed that
Pasko’s punishment was “too mild” and should be changed. Pasko also
appealed to the Collegium, asking that the Court’s original verdict be
dismissed and that he be found not guilty. On November 21, the Military Collegium
of the Russian Supreme Court granted Suchkov’s appeal by annulling the
decision of the Pacific Fleet Military Court. Pasko’s case
was returned to the Pacific Fleet Military Court for a new trial.
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| Pasko Accompanied by Guards, 1997 |
Meeting with A/CG
5. (SBU)
In his meeting with A/CG, Pasko said that he expected the new trial to last for
at least a year. His case history was extremely long, comprising 22 thick
volumes of documents that the new judges were supposed to study before
making a decision. By the end of December 2000, the Military Collegium
would decide who would be sitting on the board that would
determine Pasko’s fate. Pasko was concerned (to put it mildly) that
the judges chosen for his case would be pressured by the FSB into finding
him guilty of treason.
6. (SBU)
Pasko said he was afraid that he might be detained again during the
investigative phase of the trial, which could last for 2-3 months. He said
that the court could legally do this by claiming that he had somehow
“interfered in court procedures and hindered the investigative
process.” Pasko added, however,
that even if he was not detained, he faced another problem – unemployment.
Currently he is not allowed to retire from the military, although
his contract with the Ministry of Defense expired long ago, and he is
not getting paid. No Russian newspaper wants to have him on staff because
of fear of pressure from FSB. Pasko asked A/CG if the U.S.
government might be able to provide him with a grant to write reports
on human rights and free speech issues in Primorye (A/CG made no
commitments).
Japan Silent
7. (SBU)
Pasko also said that he wondered why the Japanese side had been silent for
all these years, noting that “this casts a negative light not only
on me, but also on the Japanese news agency that I supposedly passed
secret information to.” Pasko asked for U.S. assistance in convincing the
Japanese government to make a statement on his behalf.
Letter to Congress
8. (SBU) Pasko
also gave A/CG a letter he had written to the U.S. Congress. Pasko
expressed the hope that interested congressmen would use this letter as
the basis for letters of their own to Western parliamentarians and to
the Russian authorities. In response to his request, A/CG undertook to
pass the text of the letter to the Department, but made
no commitments as to its eventual disposition. Pasko also gave us an
e-mail address where persons or organizations interested in his plight
could contact him: pasko@marine.su.
Attachment: Pasko’s Letter to U.S. Congress
Begin text.
Dear Sirs!
On November 21,
1997 I was arrested on a charge of treason. This was the way in which the
Russian Federal Security Service (FSB) tried to cast my
professional contacts with the Japanese mass media.
On July 20, 1999
the Pacific Fleet Military Court dropped the charge of treason, and I was
charged with misuse of an official position. Taking
into consideration all the facts of the case, the court released me
from custody.
On November 21,
2000 the Military Collegium of the Russian Supreme Court upheld the appeal
of the Military Prosecutor's office and cancelled the decision of the
Pacific Fleet Military Court. My case was returned to the Pacific Fleet
Military Court for a new hearing.
All of the
evidence in this case and all the investigative documents demonstrate the
flimsiness of the FSB's accusations. Anybody interested in
getting acquainted with these materials and documents can do so by
accessing "The Case of Grigoriy Pasko" and "The Case of
Pasko - 2," which are published on the Internet by the Public
Committee in Defense of Grigoriy Pasko at www.index.org.ru. (At present,
the Public Committee is trying to translate all the materials on the
website into English).
The evident
unsoundness of the charges has caused a serious public reaction. The court
received more than 20,000 letters and appeals from individuals and
public organizations from all over the world. In January of 1999
"Amnesty International" declared me a "prisoner of
conscience."
If the upcoming
court hearing were a solely legal matter, I would have no reason to bother
you with my requests. Unfortunately, I have a serious
misgivings that this trial will not be limited just to court
procedures, but will turn into a case of political persecution.
My concerns
are heightened by the public statements of top Russian law-enforcement
officials. Despite the evidence in the case, these officials proclaim that
it is imperative for the state to convict me.
Moreover,
I am not allowed to retire from the military, although my contract
with the Ministry of Defense expired long ago.
In view of these
facts, I appeal to you to look into my case and inform the Russian side
about your views on it by any means that are allowed by your status
and authority. Such attention by you will help shield the
judges in my case from external FSB pressure, allowing my case to be
decided according to the law.
Military
Journalist Grigoriy
Pasko
2
Ivanovskaya St., Apt.24, Vladivostok,
690005,
Russia
December 15,
2000 [Signature]
End text.
Note: The original Russian text of the letter
follows on page 6 (print is faint):
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