LAWYER LEAVES RUSSIA INSTEAD OF FACING CHARGES

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 003575 SIPDIS SIPDIS E.O. 12958: DECL: 07/13/2017 TAGS: PGOV PHUM PINR RS SUBJECT: LAWYER LEAVES RUSSIA INSTEAD OF FACING CHARGES ¶1. (C) SUMMARY: Well-known lawyer Boris Kuznetsov fled Russia, after being criminally charged for revealing state secrets in defense of a client. Members of the Moscow legal SIPDIS community see these charges as political and as a warning from the Kremlin. END SUMMARY. ¶2. (U) On July 11, the Moscow Tverskoy district court ruled that well-known lawyer Boris Kuznetsov revealed state secrets in his defense of former Federation Council Senator Levon Chakhmakhchyan, who stands accused of corruption. The court's ruling allowed for the opening of a criminal case against Kuznetsov, which was announced by the Moscow prosecutor's office on July 17. The criminal charges accuse Kuznetsov of publicizing state secrets when he submitted an appeal to the Constitutional Court on behalf of Chakhmakhchyan. In this appeal, he provided evidence that the Federal Security Service wiretapped his client's telephone. Kuznetsov did not attend the hearing on July 11. According to subsequent news reports, Kuznetsov is in an undisclosed location in Europe, and may request political asylum. ¶3. (U) Kuznetsov is a prominent and experienced lawyer who is known for representing high-profile, controversial clients. Most recently, he represented Manana Aslamazian, the former head of Educated Media Foundation, who is facing smuggling and other charges. Kuznetsov has also represented the family of murdered journalist Anna Politkovskaya and the families of the victims of the Kursk submarine disaster. Earlier, he represented Igor Sutyagin, a scientist and arms control researcher who was sentenced to 15 years in prison in 2004 on charges of high treason. He was also involved in the defense of convicted oligarch Mikhail Khodorkovskiy. LAWYERS AND OTHERS REACT -------------- ¶4. (C) Karina Moskalenko, a lawyer who represents Khodorkovskiy and has brought cases before the European Court of Human Rights, told us July 17 that in Russia, once a lawyer is convicted, he or she can no longer practice law. She also suggested that Kuznetsov's departure from Russia may be related to his age and declining health, which might not withstand a difficult trial and prison sentence. She saw three signals in the developments around Kuznetsov: 1) a warning to Russian lawyers about what they might encounter if they do not comply with the demands of state leadership; 2) a message to all defendants, telling them not to place hope in their advocates who could easily be forced to leave their cases; and 3) a reminder to the Russian population that they live in a country where the legal system is incapable of serving justice. (Moskalenko has had her own share of legal troubles. Recently, she faced disbarment procedures brought by the Russian Prosecutor General's Office and backed by the Ministry of Justice. The Moscow Bar Association ultimately decided not to disbar her.) ¶5. (C) Yuriy Schmidt, another lawyer involved in the Khodorkovskiy case, told us July 18 that he also considered the criminal case opened against Kuznetsov as targeted at the legal profession, which has become "too independent" in the eyes of the Kremlin. Kuznetsov, Schmidt thought, was picked because he is well-known and the Kremlin wanted to make the point that even a national or international reputation cannot insure against prosecution. Just as the Khodorkovskiy case was used to send a signal to all oligarchs, the Kuznetsov case is being used to warn all lawyers that they should toe the Kremlin line. It is not a coincidence, Schmidt noted, that Kuznetsov, Moskalenko, and he, as defenders of Khordorkovskiy, have experienced trouble with the authorities. Schmidt dismissed suggestions that Kuznetsov's problems stemmed from his work on the Politkovskaya case. ¶6. (C) In addition to attacks on prominent lawyers, there have been changes in the law that will make it easier to take action against lawyers in the future, Schmidt noted. Beginning in September, the Prosecutor General will be able to open criminal cases directly. They will no longer have to wait for a court decision, as in the Kuznetsov case. According to Genri Reznik, who heads the association of lawyers in Moscow, Kuznetsov can count on the support of the legal community. He said this is not the first time a lawyer has been targeted for political reasons and it won't be the last. If the situation is not resolved in two weeks, Reznik promised action by the association. Unlike his colleagues, however, Reznik did not paint the charges against Kuznetsov as an attack on all lawyers. ¶7. (C) COMMENT: The fact that a prominent attorney like Kuznetsov has opted to flee the country rather than defend himself against charges could have a chilling effect on the willingness of other attorneys to take on cases in which the state has an interest. MOSCOW 00003575 002 OF 002 BURNS