Вил Мирзаянов - State Secrets - An Insider's Chronicle of the Russian Chemical Weapons Program

I was already calm when I met Asnis, who was hurrying back to the courthouse after his lunch. I thought that he would try to talk me out of my decision, though I would be steadfast. I told him about my decision and added that it was final. Asnis saw that I was really suffering, and he didn’t bother me with any unnecessary questions. He was amazingly sensitive and probably realized that I was adamant. He only told me that he respected my position, although he didn’t share it. He added that of course it was my decision and his duty was to act in accordance with my wishes. I found myself in total solitude. Possibly my decision was a bit crazy. I felt totally detached from the outside world. Fortunately, my strength hadn’t left me, and I even tried to smile when I entered the courtroom.

The judges showed up and returned me to reality. Judge Sazonov asked if anyone had questions regarding the court proceedings, and I stood up and asked to be allowed to make a statement. “Please!” replied Sazonov condescendingly.

I hadn’t prepared a written statement. I decided that I could manage without that. I will remember my brief speech and statement for the rest of my life. I was in total control of myself while I was speaking, and I managed to hold the emotions that were surging inside of me in check. This is what I said:

“Sirs and Madame Judges and Mr. Prosecutor!

Today you have rejected all of my and my lawyer’s petitions. You even declined the request to look into the unconstitutionality of the secret lists of information of state secrecy. I am an ordinary citizen, who has for his whole life observed the law and has lived honestly. But, today you have involved me in a process which has only one name – lawlessness. The fact that you rejected our petitions clearly demonstrates overt contempt for the fundamental law of the Russian Federation – the Constitution. Maybe it was possible to debate its strong and weak points, before the referendum took place and it was signed by the President of Russia. But, today you are openly ignoring the Constitution. You have showed that your Communist convictions come first above everything else. In the situation which has developed, I can’t be an accomplice to the criminal activity that you commit together with the prosecutor, whose duty it is to oversee the observance of the laws of the Russian Federation. That is why I refuse to take part in this criminal process of my own free will, so as not to become a party to it. I am announcing that I will not come to any more of its sessions.”

The expression of Judge Laricheva showed that she was about to explode from the anger that was overwhelming her. The prosecutor was full of hatred towards me. If he could have had his way, he would have had me shot on the spot. Sazonov was unflappable. However, he summoned his strength and asked sarcastically, “Is that all?” I answered that it was. Then he announced that he was cutting short the session and asked me to sign a notice. The secretary immediately filled out the form of the notice and I signed for its receipt.

Everything became very clear. If I didn’t show up for court the next day (on January 25, 1994), then I would be arrested and brought there by force. That is, of course, if I didn’t take off. But such a thought didn’t even occur to me. My statement proved to be a sensation for the journalists. A few of them were still waiting around for the session to finish. They asked me if I knew what the consequences of my decision would be. Asnis was a bit upset, and it seemed to me that he still thought that my non-participation could take a different form. For example, I could simply refuse to answer any questions. No, I was firmly resolved not to come to the courtroom of my own free will, and I told the reporters about it. At home that evening, I answered the telephone calls from journalists of various publications, explaining my position. I stressed that I wasn’t showing disrespect to the court as an institution of justice. My decision was forced upon me, because I had no other means at my disposal to defend myself as a citizen, in facing people who openly flouted the fundamental law of the country – its Constitution. I tried to explain this by referring to the decision of the U.S. judge who had immediately thrown out Dan Ellsberg’s case, when he discovered that the Constitution had been violated. The U.S. judges respect the fundamental law of their country, and so must it be in our country, in Russia, which is building a democratic society.

That evening Asnis called to tell me that a press conference would take place on January 26 th, with our participation in the building that housed the Russian American Information Press-Center on Khlebny Pereulok. I called Nim Naum, the assistant of Aleksei Simonov, who had to be the chairman, to learn the details of the upcoming meeting. I realized that it could be my last meeting with the press, and I decided that I shouldn’t be arrested before that time.

I spent that evening and the night at home. On the morning of January 25th I got up early and hurried to the kiosk for the latest newspapers. Unfortunately, I didn’t find any articles in them about the beginning of my trial. However, I found out later that Fred Hiatt had responded to my case with an article in The Washington Post on January 25, 1994. [300] Fred Hiatt, “Russian Court Opens Unprecedented Secrets Trial”, Washington Post , January 25, 1994. The journalist informed the American public about the beginning of my closed trial and briefly stated the underlying reasons for it, including my claim that the court was violating Russia’s Constitution, by using unpublished and therefore not legally valid laws, to prosecute me. He also said the case had already awakened concern in the U.S. about the regression of democracy in Russia. He told that according to my lawyer, I had refused to answer questions, after the judge rejected my appeal about the court’s violation of the Constitution of Russia. Hiatt said that Prosecutor Leonid Pankratov surprised many people when he appeared in court in a “military-style three-star uniform” and declined to answer reporters’ questions. When human rights activists who waited for him in the hallway of the courthouse asked him questions, Pankratov, according to the journalist, replied, “Get out of my way. Keep your stupidities to yourself.”

Fred Hiatt also reported that members of the US legislature, including Senator Daniel Moynihan and Congressman John Conyers, had appealed to the Clinton administration seeking to raise a discussion of this case in the bilateral negotiations. He reported that my lawyer Aleksander Asnis had stressed that he was refused access to some relevant documents in the case, though he was shown others for only a short time, without being allowed to take notes. “‘This violates Mr. Mirzayanov’s right of defense and significantly impinges on my ability to defend him,’ Asnis said.”

After breakfast I went for a walk near the house with my younger son Sultan. He was a little sick and didn’t go to kindergarten that day. Asnis called and told me about the court session, which had been brief because I hadn’t appeared. The judge passed a resolution requiring me to be brought to the court by force. Then Asnis and I agreed to meet that evening in the legal advice office where he worked.

However, our meeting never took place. Around 5 P.M., when I was getting ready to go meet with my lawyer, the doorbell rang again. I looked through the peephole and saw two OMON (a SWAT-like police squad) officers armed with automatic weapons. The policemen said that they were from Moscow Police Department 139. I opened the door without further question, because the futility of the situation was clear, and I was prepared for this outcome. They entered the apartment and one of those large men said that I should get ready to proceed to the police department, and showed me the order of the Moscow City Court, which said that I should be brought by force to the Courtroom #30 at 10:30 A.M. on January 26, 1994. I started to get dressed, but then my wife Nuria intervened. She demanded to see the paper and exclaimed, “It says here that he should be brought to the courtroom by 10.30 A.M. on January 26, and not to the police department. What is the date today and what time is it now? This is an obvious violation of the order and willfulness!”