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I am concerned about the charges brought against Dr. Mirzayanov — the first person to be accused of violating Communist-era secrecy laws since the August 1991 coup — and the actions of the Yeltsin administration. As you know, Soviet law covering state secrets became invalid when Russia became an independent state. Yet, it appears that Russian security forces continue to suppress public discussion of vital government policies.

Thus, the arrest of Dr. Mirzayanov appears to serve as a warning to other reform-minded individuals who may be contemplating exercising their newly established “democratic rights” of freedom of expression. Additionally, Dr. Mirzayanov’s detention without access to an attorney and the restrictions placed on his access to evidence violate internationally accepted standards of due process.

The persecution of Dr. Mirzayanov stands in direct contradiction of the Clinton Administration’s commitment to strengthen democratization efforts in the former Soviet Union, and halt the proliferation of weapons of mass destruction. I am confident that you share my deep concern over the treatment of this courageous scientist, and I call on you to personally appeal for his release.

As the only remaining super power and the leading proponent of democracy in the world, the United States is in a unique position of influence. With Dr. Mirzayanov’s trial likely to begin in November, time is growing short. Please have your staff contact Ms. Randy Katsoyannis at 225-5147 to schedule a briefing on the State Department’s plan to assist Dr. Mirzayanov.

I appreciate your attention to this vital matter.

Sincerely,

John Conyers, Jr.

Chairman

Legislation and National Security Subcommittee”

Annex 58

Letter of U.S. Senator Daniel Patrick Moynihan to the Secretary of State Warren Christopher, December 23, 1993.

Dear Chris:

I am writing to express my deep concern regarding Dr. Vil Mirzayanov, a Russian chemist who has been arrested for publishing an article in Moskovski Novosti (Moscow News) alleging that the Soviet Union developed and that Russia subsequently tested a new class of organophosphorous nerve gases, which are highly toxic and when are absorbed through the skin or lungs shut down the nervous system, for use as chemical weapons. This matter was brought to my attention by David Wise, a journalist of distinction and friend of thirty years, who met with Mirzayanov last month while in Moscow researching a documentary program for FRONTLINE.

In the September 16, 1992 article, Dr. Mirzayanov asserts the new nerve gasses, gas known as Novichok (Newcomer) were developed at the State Union Scientific Research Institute for Organic Chemistry and Technology in Moscow between 1987 and 1991. Dr. Mirzayanov also asserts that the chemicals have been weaponized and that they were tested in 1992. Recent articles by Vladimir Uglev, a senior researcher from the Institute have corroborated Dr. Mirzayanov’s account.

As a result of his article, Dr. Mirzayanov was arrested on October 22, 1992. He has since been released but is awaiting trial on charges of divulging state secrets. However, I am informed that his work on chemical weapons was not classified until after his arrest. Specifically, I understand that on March 30, 1993 the Council of Ministers issued a decree signed by Prime Minister Victor Chernomyrdin to classify all previous work on chemical and biological weapons.

This case is particularly disturbing because the administration has just sent the Chemical Weapons Convention to the Senate Foreign Relations Committee for its ratification. Agreement was reached on this treaty on September 3, 1992, less than two weeks before Dr. Mirzayanov’s article was published. His allegations are serious. If true, it means Russia may have disingenuously negotiated and signed a treaty on chemical weapons which does not prohibit its newly developed weapon because it is not listed on the detailed schedules appended to the convention.

Before the Chemical Weapons Convention is considered by the committee I think it would be appropriate for the administration to make its position on this matter clearly known to us and to report on any efforts it has made, both with regard to Dr. Mirzayanov’s case and the broader more serious allegations concerning Russia’s chemical weapons program. In particular, it would be important to know on what legal grounds the United States or the international community could take action to address this problem, if Dr. Mirzayanov’s assertions are found to be credible.

President Clinton will be meeting with President Yeltsin in January. Would you not think it appropriate to raise this issue at that time? I look forward to hearing your views.

Sincerely,

Daniel Patrick Moynihan”

Annex 59

Letter of Dr. Wolfgang Hirschwald a professor of Berlin Free University, on behalf of the International Network of Engineers and Scientists for Global Responsibility (INES), the largest association of scientists in Germany and Western countries to Frederico Mayor, the Director General of UNESCO, December 27, 1993.

Dear Mr. Mayor,

On behalf of the German Scientists Initiative “Responsibility for the Peace” e.V. I should like to inform you about the situation of a russian colleague. It is the chemist, Dr. Vil Mirzayanov, who worked for the Government Research Center for Organic Chemistry and Technology (GOSNIIOKhT) in Moscow until end of January this year. Dr. Mirzayanov informed in 1991 the Lord Mayor of Moscow and thereafter in 1992 the russian public (via the journal Moscow News) about research on and development of highly toxic binary chemical weapons (8 to 10 times more toxic than the US nerve-poison VX!) in his institute and about testing of these weapons in two test areas (Saratov and Uzbekistan). Dr. M. also pointed out in his publication, that the amount of this supertoxic nerve-poison stored in his institute constituted a high danger for the environment and for the citizens of Moscow.

In October 1992 Dr. M. was arrested by the Russian Ministry of Security (former KGB), imprisoned for 11 days in the Lefortovo-Prison in Moscow and interrogated there all the time. On November 1st, 1992 Dr. M. was released from the Lefortovo-Prison, but since he has to report to the Ministry of Security frequently, he is not allowed to leave the City of Moscow, criminal proceedings are initiated against him – being charged with “divulging state secrets” – and he is examined since then nearly every day. At the end of January this year, Dr. M. was dismissed from his job at the Moscow Institute.

The trial will probably start in December 1993 or in January 1994. It will be, most probably, a closed trial. But what is even more severe is the fact, that the judgment and accusation will be based on an ordinance, issued on March 30, 1993, i.e. five months after the prosecution was initiated! (see enclosure I).

This is in contradiction to any legal procedure in democratic states. From both facts one must expect, that this trial will not be a fair and legal trial based on the principles of the Charter of the United Nations.

So, we ask the UNESCO and its Commission on Human Rights to send a protest to the Russian Government and to the General Prosecutor of Russia, Mr. Alexei Kazannik (address: see enclosure II) with respect to the procedure and ask them to quash the whole trial.