[Congressional Record (Bound Edition), Volume 145 (1999), Part 2]
[House]
[Pages 1662-1663]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   NIKITIN TRIAL TO PROCEED IN RUSSIA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Hawaii (Mr. Abercrombie) is recognized for 5 minutes.
  Mr. ABERCROMBIE. Mr. Speaker, I want to acknowledge that the 
gentleman from Iowa (Mr. Ganske) is here to begin his hour 
presentation, I believe, and I want to thank him for his courtesy in 
allowing me to claim this five minutes. I am sure that he will join 
with me and the gentleman from Pennsylvania (Mr. Weldon) and others 
with respect to the very important subject that we wish to devote just 
a few minutes to today.
  Mr. Speaker, surely we can take some time at this particular juncture 
to devote attention, in this special order, to the difficulties that 
are now being experienced in what was the former Soviet Union, that is 
to say, in Russia.
  The Supreme Court in a Supreme Court session in Russia is being held 
on the 4th of February with respect to the Alexander Nikitin case. The 
case, Mr. Speaker, is important not only to Captain Nikitin and those 
who are interested in addressing issues of freedom in Russia, but it 
has profound consequences for all of us on the planet.
  Captain Nikitin has been the leading exponent of making clear what is 
happening with nuclear deterioration with the submarine fleet in the 
former Soviet Union. The degradation that is taking place in the 
environment there is something of concern, not only to the Russian 
people, but to all of us throughout the world. He is now being tried as 
a result of trying to bring this information forward in a more clear 
sense than it has been available before.
  I want to indicate for those Members and those who may become aware 
of the special orders today throughout the Nation that they can contact 
the Bellona Foundation, B-E-L-L-O-N-A, at P.O. Box 11835 in Washington 
D.C., 20008, and contact the Bellona Foundation if you want to aid and 
assist Captain Nikitin in Russia, if you want to become more aware of 
what is taking place with the deterioration of the nuclear submarines 
in the former Soviet Union.
  The Supreme Court is going to hear the appeal, as I indicated, on 
Thursday, February 4. I expect a verdict will be there the same day.
  For those of you who are not familiar with the case and the 
circumstances, let me give you a little background very quickly. The 
Council for Criminal Cases in the Supreme Court in Russia takes many 
former Soviet dissidents back to the times of the KGB. They have a 
special department there supervised by the KGB. They used to have one 
responsible for handling crimes against the state.
  I want it understood what is being said in Russia today is to express 
opinions and to discuss information that is otherwise available 
publicly, in public, in Russia today, is seen as a point of subversion 
and treason. That is what Captain Nikitin is being tried for.
  So what we are asking, Mr. Speaker, is that the Department of State 
pay

[[Page 1663]]

particular interest and approach their counterparts in Moscow to 
indicate that the United States is very, very concerned about this 
situation, that we are watching it, that they are not going to be able 
to do this behind closed doors and get away with it. They are not used 
to public hearings in Russia and they are scared to go public on this.
  It is very, very important that Captain Nikitin's case be recognized 
by our Department of State as something that Members of this Congress 
are very, very concerned about, and I call on other Members to acquaint 
themselves with the circumstances.
  The gentleman from Pennsylvania (Mr. Weldon) is well aware of it, as 
I said. He is unable to be with us today to discuss the situation 
further. But I can assure you, Mr. Speaker, and I assure the other 
Members, this is not the last time that I will be on this floor, nor 
that individuals like the gentleman from Pennsylvania (Mr. Weldon) will 
be here.
  Let me conclude by indicating to that on a recent Congressional 
delegation trip to Russia, the gentleman from Missouri (Mr. Skelton) as 
the ranking Democrat on the Committee on Armed Services led a 
delegation of individuals from the Congress there, and we met with 
Captain Nikitin.
  We can provide you information, Mr. Speaker, on the case in more 
detail, but we just want to alert you and alert the State Department 
today that we expect to have this case front and center in the 
consciences of everyone who is concerned about the environmental 
degradation taking place in Russia today as a result of the 
deterioration of the nuclear submarines that are presently being 
mothballed.
  Mr. Speaker, I insert the following for the Record:

       Dr. Caraway: As you know the Supreme Court will hear the 
     Nikitin appeal on Thursday. The verdict should be announced 
     the same day. We will see then.
       Unfortunately, the hearing will take place behind closed 
     doors, somewhat incomprehensible given that the hearing is 
     not about the secrecy question, but about procedural issues.
           Yours,
                                                     Thomas Jandl,
                                            Director, Bellona USA.


           nikitin supreme court session behind closed doors

       The Supreme Court session in the Nikitin case on 4 February 
     will be held behind closed doors. The presiding judge, a 
     member of an officially abolished department within the 
     Supreme Court Council for the Criminal Cases, made the 
     decision in fear that state secrets might be released.
       The Nikitin case will be tried by the Council for the 
     Criminal Cases of the Supreme Court. Many former Soviet 
     dissidents associate this particular council with the dark 
     times of KGB rule back in the Soviet past. The Council used 
     to have a special department supervised by the KGB and 
     responsible for the handling of crimes against the state. The 
     special department was officially abolished as the `wind of 
     democracy' swept across the former Soviet Union, but its 
     membership remained intact.
       ``The judges in the Council have been sitting there for as 
     long as I can recall,'' says Yury Schmidt, defender of 
     Aleksandr Nikitin and former Soviet dissident. ``They are not 
     used to open hearings, they are scared to go public,'' adds 
     Schmidt.
       The court will not consider the merits of the case, but 
     rather evaluate the legality of the 29 October 1998 St. 
     Petersburg City Court ruling to send the case back for 
     further investigation.
       No legal grounds to have closed session.
       ``The only legal reference they can find to justify the 
     closed door hearings is the fact that the case formally deals 
     with so-called state secrets,'' says Yury Schmidt. ``But the 
     court's task is not to go to the substance of the case, but 
     rather evaluate the legal side of it. What secrets could this 
     constitute,'' asks Schmidt rhetorically. According to 
     Schmidt, there were quite solid grounds to have the court 
     session behind closed doors in the St. Petersburg City Court 
     as the court was examining the alleged secret material. A 
     substantial part remained open to the public.
       ``To have the Supreme Court session closed can either be 
     explained by the pressure from the FSB (successor to the KGB) 
     or by the initiative of a KGB-trained judge'', says Schmidt.


                          the judge's decision

       When approached for comments Supreme Court press spokesman 
     Nikolay Gastello said the decision was taken by the presiding 
     judge, Magomed A. Karimov. Gastello could neither comment on 
     the motives of the judge nor say if the judge would change 
     his mind.
       ``It was not an unexpected decision,'' says Aleksandr 
     Nikitin, who arrived in Moscow today. ``The FSB is there and 
     does whatever it can to win the case.''


                            the nikitin case

       Aleksandr Nikitin is charged with espionage and disclosure 
     of state secrets while working for the Bellona Foundation. He 
     was arrested by the FSB on 6 February 1996, after writing two 
     chapters of a Bellona report on the risks of radioactive 
     pollution from Russia's Northern Fleet. Jailed for 10 months 
     following his arrest, Nikitin has since been restricted to 
     the city limits of St. Petersburg. His case was then tried in 
     St. Petersburg City Court between October 20 and 29, 1998. 
     The St. Petersburg judge's decision to return the case to 
     further investigation was appealed by both the prosecutor and 
     the defence. Their respective appeals are to be heard in the 
     Supreme Court on 4 February 1999.
       Contacts in Moscow: Frederic Hauge and Thomas Nilsen.
       Contacts in Oslo: Bellona Main Office.
       Contacts in Washington: Thomas Jandl.
       More info: http://www.bellona.no/e/russia/nikitin/
     mailto:[email protected]

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