The prosecutor was perched at his post with an inert expression. From time to time, when he was turning over the pages of my case with his right hand, the empty left sleeve of his service jacket quivered. Judge Nikolai Sazonov personified absolute indifference during the reading. Judge Yudin was attentively reading the newspaper Moscow News with my article. However, Judge Laricheva couldn’t restrain her emotions. From time to time she shook her head, which evidently meant, “Aye, aye, aye! How could he stoop to such a low level in life?” When the indictment had been read, Sazonov announced a lunch break until 2.30 P.M.
There were few people in the hallway outside the courtroom. Almost all the journalists had left, as they no longer expected a sensation. I was asked to give an interview for the Youth Channel radio, and for some foreign newspaper. I talked with the journalists and then went outside with Asnis to see where we could have a bite to eat.
I didn’t really want to eat, so I contented myself with a glass of tomato juice in the nearest grocery store. Suddenly I realized that my decision had crystallized and I would act without hesitation because I had no illusions left. The judges and the prosecutor shouldn’t hope that I would submissively wait for their decision, which they had already prepared ahead of time. I decided that I would not willingly participate in their shameful game, while they demonstratively trampled on the Constitution of the country. In essence, they were criminals themselves if they openly ripped apart the fundamental law of Russia, for which a lot of blood had already been spilled, in Moscow’s streets during the October 1993 events.
I had to put an end to the overt contempt for the law in the courtroom. Sure, the U.S.S.R. Constitution was a demagogic document, and everybody in our country knew that it was all empty words. But now, when we began creating new laws to live by, for life itself, not for propaganda purposes, they were making a scapegoat out of me – a scientist and a confirmed democrat. They used my case to mock everything that I was fighting for, and I could not tolerate that. I had two small sons, and there was no one besides me who could feed them and raise them. When I thought about it, tears welled up in my eyes, and I stopped and tried to calm my disobedient heart which was pounding violently. Still, I managed to keep it all under control and soothe my pain by pressing the little finger on my left hand, as experienced doctors recommended.
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 26th, 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.