Mr. President,
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, is deeply concerned by the decision of the Vladivostok Military Court, on 25th December 2001, to condemn Mr. Grigory Pasko, military reporter for the newspaper of the Russian Fleet, Boevaya Vakhta, to four years’ imprisonment and suppression of his military rank. Mr. Pasko was first arrested in November 1997 for the crime of « high treason », after the diffusion by a Japanese TV Channel of one of his reports on the dumping of nuclear waste, and after the publication of several articles on boat cemeteries, nuclear waste and the promotion of some generals. On 20th July 1999, the Vladivostok Military Court dropped the charges for « high treason » but Mr. Pasko was pronounced guilty of « abusing his professional status » and was sentenced to three years’ imprisonment. He was released on the same day after 20 months in detention, in accordance with an amnesty law for « low sentences ». His lawyers decided to appeal the sentence, and so did the Federal Security Service (FSB), who considered the sentence as unsufficient. The trial started again on 11th July 2001, after a decision of the Supreme Court, on 21st November 2000, to transfer Mr. Pasko’s case back to the Vladivostok Military Court. As a consequence of his condamnation, Mr. Pasko has to serve two years and four months in jail, as the rest of his prior sentence. It must be noted that he was condemned for « high treason », whereas this charge was firstly dropped in 1999, and whereas nothing seems to indicate that the information diffused by Mr. Pasko was secret. Both his lawyers and the FSB have appealed the decision before the Supreme Court.It also seems that some journalists, who have tried to investigate into Mr. Pasko’s case, have been subject to pressures and intimidation. The Observatory considers Mr. Pasko’s sentence as arbitrary, since it only aims at sanctioning Mr. Pasko’s use of freedom of expression relating to violations of environmental and human rights international law in Russia. Mr. President, The Observatory urges the highest Russian authorities to :
-Immediately release and rehabilitate Mr. Pasko in reason of the arbitrariness of his sanction.
-Ensure that an appeal hearing occur in the briefest delays, so that the sentence of Mr. Pasko to four years’ imprisonment be cancelled.
-Ensure that Justice conform in complete independence with international covenants ratified by the Federation of Russia, in particular the International Covenant on Civil and Policital Rights, as well as with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on 9th December 2001, in particular its article 1 which states that « everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels » and its article 6.b which states that « everyone has the right, individually and in association with others […] freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms ».We hope that you will take these requests into consideration. We remain,
Sincerely yours,
Sidiki KABA Eric SOTTAS
President of FIDH Director of OMCT
