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The Case of Igor Sutiagin
Doc. 10086
12 February 2004
Motion for a resolution
presented by Mr Jurgens and others
This motion has not been discussed in the Assembly and commits only the members who have signed it
The Parliamentary Assembly of the Council of Europe,
Having regard to the European Convention on Human Rights and the jurisprudence of the European Court on Human Rights particularly related to Articles 5(3), 6(1), 6(2), 7 and 10 of the Convention and also Articles 15(3), 15(4), 29(4), 42, 49 and 50(2) of the Russian Constitution;
Recalling its resolution expressing concern about the case of Grigory Pasko (Resolution 1354 (2003)), who was convicted on the basis of dubious charges of treason through espionage brought against him by the Russian Federal Security Service ;
Considering that Igor Sutiagin, a researcher with the Institute of USA and Canada of the Russian Academy of Sciences, currently stands trial on similar charges of treason through espionage, and that proceedings against him have been fraught with many of the same irregularities that occurred in the Pasko case, including the use of secret decrees and the failure of the Federal Security Service to verify whether the defendant’s assertion that he only used open sources in his work;
Considering that Igor Sutiagin is now in his fifth year in an FSB-run detention centre without conviction;
Considering that the European Court of Human Rights’ case-law on Article 5(3) guarantees those detained on a criminal charge the right to trial within a reasonable time or to be released pending trial, and that it requires “special diligence” on the part of the authorities in the conduct of cases where a defendant is held in prolonged pre-trial detention;
Considering that a Russian court found in December 2001 that procedural violations committed during the investigation made it impossible to rule on the case;
Considering that, as of this date, more than two years later, a verdict has still not been reached in the case, and that court hearings were indefinitely adjourned in December 2003;
Considering that Russia accepted accession requirements as adopted by the Parliamentary Assembly of the Council of Europe to bring the FSB “in line with European principles and standards” within one year, and that subsequent resolutions have “strongly urged” stripping the FSB of its powers to conduct criminal investigation and of its jurisdiction over pre-trial detention centres, but that, eight years after accession, these reforms have still not been carried out, as is evident from the case of Mr Sutiagin,
Understanding the importance of this case to the development of the rule of law in Russia,
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urges the Moscow City Court to release Igor Sutiagin from custody pending its verdict, and to ensure that his case is heard within a short time, and handled in accordance with the general principles of the rule of law which Russia is obliged to respect under the European Convention and the Russian Constitution;
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decides to follow closely Igor Sutiagin’s case and to draw up a report.
Signed
[1]:
Jurgens, Netherlands, SOC
Bindig, Germany, SOC
Hancock, United Kingdom, LDR
Judd, United Kingdom, SOC
Kox, Netherlands, NR
Lindblad, Sweden, EPP/CD
McNamara, United Kingdom, SOC
Platvoet, Netherlands, NR
Russell-Johnston, United Kingdom, LDR
Škrabalo, Croatia, LDR
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SOC |
Socialist Group |