The Magazine 'Index/Dossier na Tsenzuru' |
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SUMMERY OF MOISEYEV'S CASE
V.Moiseyev was arrested on the 4th of July 1998. He was accused of "high treason". On the 16th of December, 1999 the Moscow City Court sentenced V.Moiseyev to the 12 year imprisonment. Now this case is going to be considered in the Court of Appeal.
Up to the moment of his arrest V.Moiseyev was a deputy director of the 1st Asian Department of the Ministry of Foreign Affairs of Russia.
In the evening on the 3d of July he was receiving at his place the South Korean diplomat Cho Son U. At that very night he was with his wife. From 12 p.m. till the next morning there was a search in the flat, garage and in the country house. Nothing what could be taken for "spy equipment" was found.
The South Korean diplomat Cho Son U was arrested at 8 o'clock in the evening in the street near his car as soon as he left the Moiseyev's flat.
He was taken to the office of the Federal Security Service (FSB), where after a "conversation" which lasted for more than an hour, he was researched. Despite the fact that he immediately showed his diplomatic card, his clothes and case were also searched. This was done without the prosecutor sanction, no proper document was made and all those abuses were recorded on the video tape.
As the result several paper sheets of a lecture "The Russian policy on the Korean peninsular" which was reported by V.Moiseyev at the joint Russian-Korean conference were withdrawed from the Korean diplomat. This is a public report which doesn't contain any secret information at all. This report was the main reason for the Federal Security Service officials to declair that the South Korean spy was catched red-handed.
According to the investigation documents the South Korean citizen Cho Son U was accredited as the Counsellor of the South Korean Ambassy. There are no documents which could define him as an Intelligence Service official.
Later V.Moiseyev was accused of "high treason". He was laid to the charge of being recruitted by the South Korean Intelligence Service and handing over the secret information and documents during the period from 1993 till 1998. The reward for his activity amounted to at least 500$ a month with the total sum not less than 14 thousand $.
V.Moiseyev is laid to the charge of handing over the information and documents through Cho Son U (there is no other address) in Moscow since January, 1994. But Cho Son U arrived in Moscow only in August 1994.
The Federal Security Service reports splashed in mass-media about the arrest "at the moment of the agent meeting during the transference of the top secret documents", about the arrest with red-handed are absolute bluff.
The family's 4600$ accumulations taken away durring the search and according the rules were sealed up in one envelope and added to the record.
When the material evidences were looked over in FSB there were already 7 envelopes with the same sun of money and the marks of the Ambassy of the Republic of Korea. In Court the witnesses said that no such envelopes were found during the search. But Court took this forgery as material evidence.
The basic fogery, which the accusation is based on, is even more absurd. Federal Security Service of Russia presented the xerocopy in Korean, which told that some unknown person was persuaded into cooperation with the South Korean Intelligence Service. Based on the coincidence of some biographical characteristics FSB came to the conclusion that this person is Moiseyev.
Besides, there is no information about these xerocopies' origin, what the connection was between these copies and the Korean Intelligence Service, who signed them, whom they were made for and how FSB got them. It was just the xerocopy of a text without any imprint, authorship or any other indication, which let consider this paper to be a document. No information was given about any operational and search actions as a result of which this paper appeared. The prosecution just argues that "You know, there is such a paper "
Court didn't reject this "evidence".
As the result of FSB operational actions no fact of handing over of anything was established - no documents, no parcels, package or any communication means. No fact of receiving money or something else by Moiseyev was established either. The very fact of acquaintance and relations with foregn diplomat, which was well known to the people around, is said to be the evidence of the guilt. But the other 1st Asian Department officials nad the same relations with Cho Son U.
At the beginning of the investigation Moiseyev could not exercise his right for defence. Moiseyev's'wife was told that her husbandf refused to have an advocate. This lie and the abuse of the basic right for defence were no taken into account by Court.
Later it was the investigator who called an advocate. This advocate was the schollfellow of the FSB investigator. His main task was to convince Moiseyev to witness against himself and admit his guilt. The contract with this advocate was never signed and it's unknown how he managed to get the permission.
From the 15th of July 1998 advocate Yuriy P.Gervis works with this case.
Moiseyev is a civil man, ther is no military man involved this case. According to the law the supervision should be carried out by the General Prosecution justice supervision department for FSB bodies' work. Instead of this the supervision was entrusted to the Supreme Military Prosecution. The Military Prosecutor left unanswered all (!) of the Moiseyev's and his advocate's petitions.
On the 16th of December 1999 Moscow City Court announced the sentence.
Court considered the scientific lecture "Russian policy on the Korean peninsular", which was taken away during the search from foreign diplomat, as a material evidence.
Court didn't find out who placed the envelopes, in which money were put, and which were taken from Moiseyev and took this money as evidence.
Court left without attention the fact that Moiseyev could not have any relations with the South Korean diplomat since January 1994 in Moscow because the diplomat arrived in Moscow only 8 months later.
Court based the accusation on the documents, which can not be considered as evidences.
Court ignored all the Moiseyev' and his advocate petitions about unlawful methods of investigation and illegal use of falsificated evidences.
Court didn't even try to find the evidence for Moiseye's handing over any information to the foreign diplomat and the evidence that Moiseyev was recruitted as well.
Court rejected the petition for independent examination in the State Secret Defence Commission.
Court took as secret the information which were published in the mass-media and scientific works.
Court sentrenced Moiseyev to 12 year imprisonment.