the MB RF,
Captain of Justice
V.A. Shkarin
Annex 12
On November 2, 1992 Kalinin District Court of Moscow consisting of:
Presiding Judge A. S. Schanin, with the participation of Prosecutor V.A. Buivolov and Secretary S.V. Lebedeva considered in a closed court session a complaint about the illegality and groundlessness of the arrest of Vil Sultanovich Mirzayanov, who was born on March 9, 1935 in the village of Stary Kangysh, Djirtjuli Region, Bashkir Autonomous Soviet Socialist Republic. His permanent address is 4 Stalevarov St., Building 4, Apartment 586, Moscow. He is working as the head of the Research Department of the joint-stock company Region-Tsentr-Vozrozhdenie, Bashkir, has a higher education, married, with two children, no previous convictions, faces charges on Article 75, Part 1, of the RF Criminal Code, it is
The court has established from the complaint of the applicant and materials that have been submitted that on October 22, 1992, V. S. Mirzayanov was detained under Article 122 of RF Criminal and Procedural Code on suspicion of committing a crime stipulated by Article 75 Part 1 of the RF Criminal Code, and on the same day he (Mirzayanov) was taken into custody by RF Attorney General based on Articles 90-92, 96 of the RF Criminal and Procedural Code.
Having checked over the materials, and listened to the applicant and prosecutor, I consider it necessary to satisfy the complaint of V. S. Mirzayanov because, according to Article 89 of the RF Criminal and Procedural Code, there are no sufficient grounds to suppose that he will hide from the preliminary investigation or court, or hinder the restoration of the truth in the criminal case, or get involved in criminal activity. Additionally, he has a permanent place of residence in Moscow, has no previous convictions, has juvenile children dependent on him, and the deed he is charged with doesn’t qualify as a serious crime.
Based on the statement above and being guided by Articles 11, 220-1, 220-2, and 331 of the RF Criminal and Procedural Code, it is
To satisfy the complaint of Vil Sultanovich Mirzayanov and release him from custody into the court hall. To secure a written statement from V. S. Mirzayanov not to leave his permanent place of residence.
The resolution is final, not subject to appeal or protest.
Signatures of the judge and the secretary.
Annex 13
Top Secret
GENERAL ATTORNEY’S OFFICE
of the Russian Federation
To: Ministry of Security of the Russian Federation
For Major General S.D. Balashov,
Head of the Investigation Department
October 30, 1992 N 13/2-1040-92
Moscow
The lawyer A. Ya. Asnis has appealed to the Attorney General’s Office of the Russian Federation with a complaint about the decision of V. A. Shkarin, Senior Investigator of the Investigation Department of the Ministry of Security of the Russian Federation, according to which he wasn’t allowed to participate as the defender in the criminal proceedings instituted against V. S. Mirzayanov, because he had no clearance to work with secret documents.
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
Annex 14
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
Annex 15
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.].