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

We think that there are no reasons to disallow A. Ya. Asnis to act as a defender in this case because, according to the criminal and procedural law, the absence of a permit to work with classified documents is not on the list of circumstances that make it possible to exclude a particular defender from taking part in the case.

At the same time, measures stipulated by Article 139 of the RSFSR Criminal and Procedural Code should be taken to prevent disclosure of secret and top secret information.

Head of the Department for Supervision of

the Implementation of the Laws on Federal Security

and International Relations,

State Justice Counselor of the Third Class

Leonid M. Syukasev

Top Secret

To The Head of the Department for Supervising

Implementation of the Laws on

Federal Security and International Relations

State Justice Counselor of the Third Class

Leonid M. Syukasev

November 4, 19926/2753

Dear Leonid Mikhailovich!

The Investigation Department of the MB RF has considered your letter N 13/2-1040-92 of October 30, 1992,. The Investigation Committee can’t support the suggestion to allow the lawyer A. Ya. Asnis to act as the defender in the case of V. S. Mirzayanov for disclosing state secrets, because it contradicts the current law.

The question of allowing an individual to work with classified documents and, most of all, with documents that contain information constituting state secrets is outside the realm of the criminal and procedural law, which only determines the procedure for conducting criminal cases. The existing rules for allowing individuals to work with secrets are directed at maintaining state secrets in the interest of the national security. This is why individuals are given clearance to work with documents containing state secrets in accordance with “Instruction for maintaining the regime of secrecy in ministries, register lists, at enterprises, at institutions, and organizations of the USSR” approved by the Resolution o N 556-126 of the U.S.S.R. Council of Ministers dated May 12, 1987.

The requirements of the above-mentioned resolution are binding in Russia, according to Resolution N 51 of the RSFSR Supreme Soviet “Ratification of the Agreement on Establishing the Independent States” dated December 12, 1991, and Decree N 20 of the president of the Russian Federation “About Protecting State Secrets” dated January 14, 1992. In keeping with the above-mentioned [resolutions], the lawyer Asnis is obligated to get an appropriate permit to work with documents containing state secrets. There are conditions for this in the Moscow City Bar Association, of which he is a member.

In our opinion, if we let Asnis take part in the case without observing established requirements, the investigation will find itself in a situation where it will have to disclose information that constitutes a state secret.

Head of the Department

Major General

S.D. Balashov

Top Secret

ATTORNEY GENERAL’S OFFICE

THE RUSSIAN FEDERATION

December 10, 1992 N 13/2-1040-92

Moscow

to Deputy Minister of the MB RF

Major General A.E. Safonov,

The notification is written by hand:

To Comrade S.D. Balashov: Please prepare a response to the Attorney General’s Office and stop violating the Law.

Signature of Safonov is correct

Dear Anatoly Efimovich!

The Investigation Department of the Ministry of Security of the Russian Federation investigating the criminal case, in which V. S. Mirzayanov is charged with committing a crime stipulated by Article 75, Part 1, of the RSFSR Criminal Code.

The lawyer A. Ya. Asnis has appealed to the RF Attorney General’s Office with a complaint about the decision of Investigator V. A. Shkarin, saying that he wasn’t allowed to work as the defender in this criminal case, because he had no clearance to work with classified documents.

This decision was taken in contradiction to criminal and procedural law because on the list of the circumstances excluding the participation of a certain defender in a case there is no such basis for rejecting a lawyer [underlined by Safonov—V.M.].

On October 30, 1992 the head of the Department for Supervising the Implementation of Laws on Federal Security and International Relations at the RF Attorney General’s Office sent a corresponding letter to the head of the Investigation Department at the Ministry of Security of Russia, in which, in particular, it is suggested to take measures stipulated by Article 139 of the RSFSR Criminal and Procedural Code to prevent the disclosure of secret and top secret information. Investigation officers were given similar oral explanations. However, the position of the investigation remains unchanged until now, which caused well-grounded appeals of the lawyer (underlined by Safonov—V.M.) and his client to different authorities, resulting in the delay of the investigation. Please consider this question without delay, settle it according to the appropriate legal requirements, and report the results to the Attorney General’s Office of the Russian Federation.

Handwritten Notation: for Comrade A.A. Shabunin

Handwritten Notation: for Comrade V. A. Shkarin

Please consider the question in keeping with the Criminal and Procedural Code. Signature of Balashov is correct. November 13, 1992.

Please ensure that the implementation of the instructions of the RF Attorney General’s Office, in keeping with the Criminal and Procedural Code.

Secret

MINISTRY OF SECURITY

OF THE RUSSIAN FEDERATION

Investigation Department

October 17, 1992 N 6/2801

To: First Deputy Attorney General

of the Russian Federation

State Counselor of Justice

of the 2 ndclass I.S. Zemlyanushin,

We are giving notice that, according to your instructions, on November 16, 1992 the lawyer from the Legal Advice Office, Alexander Yakovlevich Asnis, was allowed to act as the defender of the accused Vil Sultanovich Mirzayanov in the criminal case without presenting a permit to work with top secret documents [italicized by me—V.M.].

Head of the department,

Major General

S.D. Balashov

Correct. Senior Investigator of the Investigation

Department of the RF Ministry of Security, Captain of Justice

V. A. Shkarin

Secret

Copy N 2

MINISTRY OF SECURITY

OF THE RUSSIAN FEDERATION

Investigation Department

To Major General V.N. Markomenko

Head of the Third Chief Department

at the Federal Agency for Government

Communications & Information (FAPSI)

under the President of Russia

November 5, 1992 N 6/02778

The Investigation Department at the Ministry of Security of the Russian Federation is investigating the criminal case filed against an employee of the State Russian Science Research Institute for Organic Chemistry and Technology (GRNIIOKhT), Doctor of Chemical Science, Vil Sultanovich Mirzayanov, who disclosed information to the mass media that constitutes a state secret about research work that was carried out in Russia in the field of chemical weapons.

In connection with that, we are asking for your instructions to check and report if FAPSI has any information about transmissions of foreign radio stations regarding Mirzayanov and the information he disclosed. If the answer is affirmative, we ask you to send us all materials that are available on this issue.