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Demand a Fair Trial for Russian Lawyer Mikhail Trepashkin
Mikhail Trepashkin


Update: Human Rights First welcomes the release of Russian lawyer, Mikhail Trepashkin, who was granted parole on August 31. Trepashkin investigated Russian security force involvement in the 1999 Moscow bombings. He was convicted of divulging state secrets and gun possession; the latter conviction was overturned on appeal. His release comes after almost 2 years in prison.

Alert Issued: December 15, 2004

“Mr. Trepashkin was representing us as victims of a terrorist attack. From our perspective his persecution is an extension of terror.”

- Mikhail Trepashkin’s clients, Russian-American sisters whose mother was killed in a 1999 bombing

Mikhail Trepashkin, a Russian lawyer, exposed evidence that could suggest government complicity in the killing of more than a hundred civilians during a 1999 bomb blast in a Moscow apartment building.

Just before he was to present this evidence in court, police stopped him on the road and claimed they found a gun in the trunk of his car. Mr. Trepashkin has been imprisoned for this offense since October 2003. He was prevented from representing his clients, daughters of a woman killed in the 1999 bombing, and from presenting the evidence gathered against the Russian government.

The conditions under which Mr. Trepashkin is held are inhumane; he shares a small cell with six other inmates and is denied basic medical treatment. The gun possession trial began on December 1, 2004, and will continue on December 15.

You can take a stand against abuse of power in the name of counter-terrorism and ensure that Mikhail Trepashkin does not face these charges alone.

Take Action to ask the Russian government to:

  • provide Mr. Trepashkin with a fair trial and release him unconditionally if there is insufficient evidence to convict him;

  • move Mr. Trepashkin to a more humane location for the duration of his detention as a judge ordered more than six months ago;

  • commence a full and fair inquiry into the circumstances of Mr. Trepashkin’s arrest.

Background

In 1999, bombs exploded in apartment buildings in Moscow, killing more than 100 civilians. The Russian authorities promptly accused Chechen separatists of carrying out the attacks, and the then-Prime Minister Vladimir Putin sent Russian troops into Chechnya sparking the Second Chechen War. These actions, taken in the name of counterterrorism, enhanced Putin’s popularity and contributed to his win in the presidential election in 2000.

Mikhail Trepashkin, a defense attorney, became a consultant to a special public commission set up by prominent human rights activist and former Duma Deputy Sergei Kovalev to investigate the circumstances of the 1999 bombings. Mr. Trepashkin had worked for the Federal Security Service (FSB) and brought his insider knowledge of the agency to the investigation.

During the investigation, Mr. Trepashkin revealed evidence of FSB involvement in the Moscow bombings. This included an interview with the landlord of the apartment building, who said he had been coerced into identifying a Chechen as the culprit. Also, two weeks after the bombings which shook Moscow, local police found another bomb in an apartment building in the city of Ryazan. Suspects were apprehended and later released when they turned out to be Federal Security Service agents.

The investigation came to an abrupt end when the co-chairman of the Commission, Sergei Yushenkov, was murdered in front of his home. A Commission member died of food poisoning, another was brutally beaten, and two other members were removed from their seats in the legislature.

Mr. Trepashkin was hired by Tatiana and Alyona Morozova, the Russian-American daughters of a woman who was killed in the 1999 blast, to represent their interests during the prosecution of the Chechen rebels accused of transporting the explosives. The first day of the trial was scheduled for October 24, 2003. Just four days before he was set to appear in court to represent the interests of his clients, Trepashkin was stopped on a roadway outside Moscow by the police. The police searched Trepashkin’s car and declared they had found a pistol in his trunk. Trepashkin denies having a gun in his car, and claims that the police fabricated the charges.

On October 22, 2003, Trepashkin was jailed. He was not able to represent his clients at the trial of two Chechens accused of transporting explosives used in the bombing. The Chechens were convicted in a closed trial.

In May 2004, in a separate but related trial, Trepashkin was convicted on charges of divulging state secrets. The judge sentenced him to serve his sentence in a penal camp where he would be somewhat free to move about. Despite the judge’s order, Trepashkin was taken back to his prison cell.

He is now in Volokolamsk prison in a 130-square foot cell which he shares with six other men. He has been denied medical attention for his asthma. This harsh treatment may be in retaliation for a complaint filed on Trepashkin’s behalf to the European Court of Human Rights, which has expedited consideration of his claim.

An international outcry against the imprisonment of Mikhail Trepashkin has been joined by Elena Bonner, widow of well-known Russian human rights defender Andrei Sakharov, a number of British public figures, Representative Christopher Smith from New Jersey, and the International Commission of Jurists.

On December 1, 2004, after a year in prison, the prosecution against Mikhail Trepashkin on the gun possession charge commenced. On the first day of the trial, a number of police witnesses were called, but none could testify that they had seen a gun in the trunk of Trepashkin’s car. The trial reconvened on December 15, 2004.

Letter:

President Vladimir Putin
c/o Yuri V. Ushakov
Ambassador of the Russian Federation to the United States
2650 Wisconsin Avenue N.W.
Washington DC 20007
FAX: 202-298-5735

Alexander Vershbow
Ambassador of the United States of America to the Russian Federation
Bolshoy Deviatinsky Pereulok No. 8
Moscow 121099, Russian Federation - PSC-77, APO AE 09721
FAX: +7 (095) 728-5090

Dear President Putin:

I am writing to express my deep concern about the ongoing trial of Russian defense lawyer Mikhail Trepashkin. It is essential that Mr. Trepashkin is given a fair trial and is released unconditionally if there is insufficient evidence to convict him.

Mikhail Trepashkin, a Russian defense lawyer, exposed controversial facts related to the 1999 bomb blast in a Moscow apartment building that killed more than a hundred civilians. The investigative commission on which he served was dissolved after its members faced murder and beatings. Trepashkin was then hired by Tatiana and Alyona Morozova, the Russian-American daughters of a woman who was killed in the 1999 blast, to represent their interests during the prosecution of the Chechen rebels accused of transporting the explosives. Just four days before he was set to appear in court to represent the interests of his clients, Trepashkin was stopped on a roadway outside Moscow by the police. The police searched Trepashkin’s car and declared they had found a pistol in his trunk. Trepashkin denies having a gun in his car, and claims that the police fabricated the charges.

Mr. Trepashkin has been imprisoned for this offense since October 2003. He was prevented from representing his clients, daughters of a woman killed in the 1999 bombing, in the trial and presenting the evidence gathered against the Russian government. As you may know, British public figures, a U.S. congressman, human rights organizations, and the International Commission of Jurists assert that the jailing of Mr. Trepashkin just prior to his appearance in the trial of the accused bombers leads to the conclusion that he is being kept in prison for political reasons.

The conditions under which Mr. Trepashkin is held at the Volokolamsk prison are inhumane. He shares a 130-square foot cell with six other people. He has been denied medical attention for his severe asthma. I am concerned that this treatment may be in retaliation for a complaint filed on Trepashkin’s behalf to the European Court of Human Rights, which has expedited consideration of his claim. Government agents should not punish Mr. Trepashkin with harsh treatment during his confinement for exercising his right to file a complaint with the European Court.

As the criminal trial reconvenes on December 15, 2004, I write to ask you to:

  • provide Mr. Trepashkin with a fair trial and release him unconditionally if there is insufficient evidence to convict him;

  • move Mr. Trepashkin to a more humane location for the duration of his detention as a judge ordered more than six months ago;

  • commence a full and fair inquiry into the circumstances of Mr. Trepashkin’s arrest.

Thank you for your prompt attention to this matter.

Sincerely,



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