Doc. 10426
25 January 2005

Fair trial issues in criminal cases concerning espionage or divulging state secrets

Motion for a resolution
presented by Mr Pourgourides and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly, recalling its Resolution 1354 (2003) on the conviction of Grigory Pasko, is concerned that persons accused of the violation of state secrets may be deprived of their rights to a fair trial (Article 6 ECHR).

2.       The fairness of trials against alleged spies is called into question if criminal investigations are carried out by secret service members whose work is not sufficiently regulated by laws and controlled by the courts.

3.       The Assembly is also concerned that in certain countries, internal security services are still allowed to run pre-trial detention centres that are not subject to the usual supervision of the Justice Ministry’s prison administration and, amongst other things, do not offer the required guarantees of lawyers’ access to their detained clients.

4.       The Assembly recalls the standards set in its Recommendation 1402 (1999) on the control of internal security services in Council of Europe member states and renews its call to enact and implement appropriate legislation.

5.       The Assembly recalls its conclusion on Mr Pasko’s case that the definition of what constitutes a state secret must be clarified and, first and foremost, made public.

6.       It is concerned that this is still not the case in all Council of Europe member states, and recalls that this can amount to a violation of Article 7 ECHR (no punishment without law).

7.       The Assembly notes with concern the increasing harshness of the treatment of alleged spied in the Russian Federation, beginning with the prosecution of Mr Nikitin, who was acquitted by the Supreme Court in 2000, to that of Mr Pasko, who was sentenced to four years in prison, up to that of Mr Sutyagin, who was handed a sentence of 15 years in 2004.

8.       Several other cases of Russian journalists, scientists and lawyers suffering from similar allegations (in particular those of Valentin Danilov, Valentin Moiseyev, Mikhail Trepashkin, Valeriy Kovalchuk, Victor Kalyadin, Viktor Akulichev, Vladimir Soyfer, Anatoliy Babkin, Sterledev, Konstantin Bakharev, Yuriy Khvorostov and Konstantin Sterledev) have been brought to the attention of the Assembly.

1        SOC: Socialist Group