MAYDAY - Andrei Babitsky
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INFORMATION ON THE ACTIONS OF THE PROSECUTOR GENERAL'S OFFICE WITH REGARD |
Moscow, February 11, INTERFAX
Babitsky's lawyer, Henry Reznik has not yet received an official reply from the Prosecutor General's Office of the Russian Federation as to the whereabouts of his client. He told INTERFAX that the Prosecutor General's Office must tell him where the investigation is being conducted and where the materials of the Andrei Babitsky criminal case are. But to date Henry Reznik does not even know who is investigating the case of Radio Liberty correspondent Andrei Babitsky.
The lawyer is trying to find out where he can acquaint himself with the materials of the case. According to Henry Reznik, he has had the right to do so from the time Babitsky was detained. A lawyer also has the right to demand all the materials on the investigation with regard to Andrei Babitsky. Henry Reznik said that he would demand from the head of the Prosecutor General's Office Directorate in the North Caucasus, Yuri Biryukov to give him access to all the materials in the Babitsky case.
Moscow, February 11, INTERFAX
According to a representative of the Prosecutor General's Office the law enforcement bodies have information that Radio Liberty correspondent Andrei Babitsky who was allowed to move freely across the territory of the Chechen republic conveyed information to the militants on the location of the federal units.
As the chief of the Prosecutor General's Office Main Directorate for the North Caucasus Yuri Biryukov in a live Radio Russian radio broadcast the fact is being verified in the course of criminal investigation of the Babitsky case.
Biryukov stressed that the case has not been closed and necessary tests are being carried out. At the same time he reported that the initial arrest of Andrei Babitsky was ended on February 2 shortly before he was exchanged for Russian servicemen. According to Yuri Biryukov, the Radio Liberty correspondent had a chance to leave
Chechnya after he was released from detention but chose not to avail himself of it.
The representative of the Prosecutor General's Office explained the circumstances of the Radio Liberty correspondent's detention. He said Andrei Babitsky was detained by the federal forces at the outskirts of Grozny. He was delivered to the preliminary detention station at Chernokozovo in Chechnya for the purpose of identification on January 19.
On that same day Babitsky was put in detention for 10 days with the sanction of the acting Prosecutor of the Naursky district of Chechnya. He had no documents on him at the time, said Yuri Biryukov.
In giving the explanations Andrei Babitsky introduced himself as director of Radio Liberty North Caucasus bureau and said all his documents had been taken away from him by the servicemen who detained him in the zone of military action.
The correspondent said he was in Grozny because he wanted to visit an Orthodox church where he wed his wife in 1995, said the Prosecutor General's Office spokesman.
As a result of the measures taken the documents, including accreditation in the name of Andrei Babitsky were delivered to the detention center where the journalist was kept. The accreditation had been issued by the Press Ministry of the government of Aslan Maskhadov and signed by Movladi Udugov, said the spokesman of the Prosecutor General's Office.
The accreditation carried the signatures and seals of the commanders of illegal armed units Shamil Basayev, Bagurayev, Tamkharoyev and others, said Yuri Biryukov. Practically all these persons are on the federal wanted list and Shamil Basayev is on the international wanted list, stressed Yuri Biryukov. And he added that Andrei Babitsky did not get accreditation with the press center of the Joint Federal Forces in the North Caucasus. He said the journalist had declared that the demand for mandatory accreditation in the zone of hostilities violated of his rights. Under an earlier opened criminal case, the acting Prosecutor of Chechnya arrested Andrei Babitsky on suspicion of crimes stipulated under part 2 of Article 208 of the Criminal Code of the Russian Federation, namely, participation in illegal armed units. His rights, including the right to defence were explained to Andrei Babitsky, but according to Yuri Biryukov, he declined the offer of a defence lawyer.
Andrei Babitsky when interrogated as a suspect explained that he had come to Grozny as a Radio Liberty correspondent and was with the headquarters of the field commander Khachukayev, according to the Prosecutor General's Office spokesman. The journalist said he was accompanied and guarded by Khachukayev's people while he was in the city. In Grozny he met with the commander of the South Western front.
Moscow. February. INTERFAX
The lawyer Henry Reznik who represents the interests of Radio Liberty correspondent Andrei Babitsky said that a petition had been sent to acting Prosecutor General of the Russian Federation Vladimir Ustinov, about the lack of information on the fate of the correspondent.
The lawyer told the press conference at the INTERFAX main office that the petition demands that Babitsky's lawyers be given access to the materials of the case. He said that "the defence has the right to become acquainted with the documents, including those drawn up at the time of his detention, the decision to detain or release him".
Henry Reznik said he expected to get a reply to his petition from the Prosecutor General's Office on February 9. At the same time the lawyer said that all the attempts to establish contacts with the representatives of the Prosecutor General's Office have been fruitless so far. "We are unable to exercise our rights," he said.
Moscow, February 8, INTERFAX
The Chief of the Main Directorate of the Prosecutor General's Office Yuri Biryukov said: "We have no new information on the fate of Babitsky."
He recalled that "because new circumstances have been revealed about the participation of Andrei Babitsky in illegal armed units, the Prosecutor General's Office of the Russian Federation had invited Andrei Babitsky for interrogation. If he failed to appear he would be put on the wanted list and a warrant for his arrest would be issued."
Moscow, February 7. ITAR TASS
Radio Liberty correspondent Andrei Babitsky has been summoned for interrogation by the Prosecutor General's Office, the Prosecutor General's Office Main Directorate in the North Caucasus told ITAR TASS today. According to the Main Directorate's press spokesman Sergei Prokopov, "new circumstances came to light in the case of Andrei Babitsky pertaining to his participation in illegal armed units". If the journalist failed to report for interrogation he would be put on the wanted list and a warrant for his arrest would be issued, the Prosecutor General's Office announced.
Moscow. February 4. INTERFAX
The legal status of Radio Liberty correspondent Andrei Babitsky, under the Prosecutor General's decision, is that of a suspect who has signed a written pledge not to leave the place where he is, the Prosecutor General's Office of the Russian Federation explained on Friday.
INTERFAX was told by the Prosecutor General's Office that as of January 27 a ruling of the Prosecutor General's Office came into force with regard to Andrei Babitsky who was suspected of committed a crime under Article 208, part 2 of the Criminal Code of the Russian Federation (participation in illegal armed units).
Upon the expiry of the ten days stipulated under the law if no charges are brought against the suspect the written pledge not to leave the place is cancelled. So by February 7 Andrei Babitsky will have the status of a witness and will have a right to move freely about the country.
Moscow. February 3. ITAR TASS
Acting Prosecutor General of Russia Vladimir Ustinov confirmed with the interview with ITAR TASS that Radio Liberty correspondent Andrei Babitsky was released from detention "in response to an appeal by field commanders".
At the same time Vladimir Ustinov said: "It was not an exchange as such. Babitsky was released because the field commanders interceded on his account and the release of three servicemen from captivity was also taken into account." According to Ustinov, the decision to release Babitsky was made by the Prosecutor General's Office and the written pledge not to leave Moscow is still in force.
Vladimir Ustinov said that the criminal case against Babitsky was not started and what is taking place now is a check preceding the investigation.
Moscow. February 3. INTERFAX
Acting Prosecutor General of Russia Vladimir Ustinov said the criminal case with regard to Radio Liberty correspondent Andrei Babitsky who has been exchanged for three Russian servicemen will not dropped. Vladimir Ustinov recalled that Andrei Babitsky was detained in Chechnya on suspicion of taking part in illegal armed units. But he said that after the Prosecutor General's Office released him from custody the military got an opportunity to exchange him for several Russian servicemen.
The acting Prosecutor General stressed that no charges had been brought against Andrei Babitsky but he did not rule out that corresponding procedural decisions could be taken in the course of further investigation.
Moscow. February 2. INTERFAX
Henry Reznik, Chairman of the Moscow City Bar and member of the Bar Alexander Zozulya had agreed to act as defence lawyers to Radio Liberty correspondent Andrei Babitsky detained two weeks ago at a federal forces checkpoint in the outskirts of Grozny.
Alexander Zozulya said he had been in contact with the chief of the Prosecutor General's Office Main Directorate for the North Caucasus Yuri Biryukov who went to Chechnya on January 29 at the initiative of acting president of Russia Vladimir Putin in order to verify all the circumstances, including the legitimacy of Andrei Babitsky's detention.
But the lawyer said Yuri Biryukov did not reveal Andrei Babitsky's wehereabouts.
Moscow. February 2. INTERFAX.
Acting Prosecutor General of the Russian Federation Vladimir Ustinov and his deputy, the Chief Military Prosecutor Yuri Dyomin have flown to Chechnya. Interfax was told at the Prosecutor General's Office that in the course of the trip Vladimir Ustinov would among other things look into the situation around Radio Liberty correspondent Andrei Babitsky detained in Chechnya on the spot.
Moscow. January 31. INTERFAX
Radio Liberty correspondent Andrei Babitsky detained in Chechnya has been remanded in custody for 10 days under Article 90 of the Criminal Procedural Code of the Russian Federation, acting Prosecutor General of the Russian Federation Vladimir Ustinov told Interfax on Monday. The detention officially begins from January 27. He stressed that Andrei Babitsky had been detained by the law enforcement bodies several days before January 27 but during those days his identity was being established.
According to Vladimir Ustinov, Andrei Babitsky broke the rules of the behavior of journalists in the zone where a counterterrorist operation was conducted. He stressed that the law in the investigation of Andrei Babitsky's case will be "strictly complied with".
Moscow. January 29. INTERFAX
The Chief of the Prosecutor General's Office Main Directorate for the North Caucasus, Yuri Biryukov, left for Chechnya at the initiative of acting president Vladimir Putin.
Yuri Biryukov was given the assignment to check all the circumstances, including the legality of the detention of journalist Andrei Babitsky in Chechnya, Vladimir Putin's aide Sergei Yastrzhembsky told Interfax. He said, Yuri Biryukov was due to report back shortly.
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THE MAGAZINE'S POSITION |
The numerous statements by representatives of the Prosecutor General's Office claiming that the prosecution of Andrei Babitsky did not involve any breaches of the law prompt well-grounded doubts about the honesty (and professional competence) of these persons.
According to available information, all the actions with regard to journalist Andrei Babitsky since the time of his detention and all the numerous violations of the journalist's legal rights got the approval of the Prosecutor General's Office.
Obviously the Prosecutor General's Office did not ensure the main right of a citizen and the main guarantee of fair treatment - the right to defence. To this day the Prosecutor General's Office insists on denying him this right by preventing the journalist's defence lawyers from acquainting themselves with the materials of the case and all the actions with regard to their client.
The actions of the Prosecutor General's Office in summoning Andrei Babitsky for an interrogation after the illegal handover of the journalist to unidentified persons, with its own sanction, is particularly cynical.
All this is unmistakable proof that the law body responsible for legality in the country is actually covering up and abetting arbitrary acts.
It would not be irrelevant to recall that all the reprisals of the country's citizens during the Soviet period invariably had the required sanctions from the Prosecutor General's Office. And today, when challenged by citizens over the violation of the law with regard to them that institution typically replies by saying that "no violations of legality have been established". If a complaint refers to violations on the part of law enforcement bodies the Prosecutor General's Office never finds any breaches of the law.
This state of affairs is intolerable and is fraught with dire consequences for the country. An institution conducting an investigation, supporting an accusation and itself charged with oversight of its own actions cannot be an objective champion of legality. Especially if this institution has the structure of a "power ministry".
We believe that a thorough check of the actions of the Prosecutor General's Office in the case of Babitsky should reveal not only violations of rights by concrete officials of the Prosecutor General's Office, but contain conclusions on the need to drastically reform the very institution of the Prosecutor General's Office. This is the only way to prevent the proclaimed "dictatorship of the law" in the country developing into an all-too-familiar dictatorship that covers itself up by the law.
The main thing that the Prosecutor General's Office is claimed to have done wrong is that Babitsky has been denied the right to legal defence. What is the origin of that claim? It is known that he was told about his rights. It is his business why he did not avail himself of the services of a defence lawyer. The Prosecutor General's Office workers have no right to act beyond their frame of reference.
The trivial rule "what is not banned is allowed," cannot be spread to the legal process.
Defence lawyers argue that the right to defence has been denied because the suspect did not telephone his home or his office.
The investigator, inquirer, the prosecutor and so on are obliged to do what is explicitly stated in laws and instructions. Not only are they not obliged to allow the suspect to use their telephone, an argument advanced by the lawyers, but they are obliged to foresee and prevent any contacts of the person who is under suspicion. These are elementary truths and no breaches of law are involved there. And the fact that the Prosecutor General's Office has not given access to the materials of the case to the defence lawyers only confirms strict adherence to the law. The secret of investigation is one of the main duties of the Prosecutor General's Office.
And suggestions to amend the basic laws underlying the work of the institution of the Prosecutor General's Office have more to do with fiction that with law...
The position of the Prosecutor General's Office over the case of Babitsky reveals obvious duality. On the one hand, they seem to have released him (and are now said to have allowed him to move freely). On the other hand, there has been no reaction to the "errors" on the part of the investigation before and after his release (in particular violations of the provision of part 6, Article 96 of the Criminal Procedural Code of the RSFSR: "A person or body under criminal investigation are obliged to promptly notify one of the close relatives of the suspect (...) on the place (...) of his detention".
And now the chief of the Prosecutor General's Office Main Directorate for the North Caucasus Yuri Biryukov said this in the 'Here and Now" program devoted to the detention of Andrei Babitsky (ORT, February 10, 2000): "Look, the Russian law on the press says that journalists are obliged to be accredited with government bodies. Under Article 48 of the Law on the Mass Media, it is NOT A DUTY, but A RIGHT of journalists. Perhaps this incompetent man was put before the public view in order to prove that while the Prosecutor General's Office actions may be inept they come from the heart? But where does the law come in? The Prosecutor General's Office is there to oversee legality.
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