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Kaibyshev on possible espionage charges related to exporting dual-use technology (technology that has both civilian and military uses ) to South Korea. In addition to possible criminal charges, Dr. Kaibyshev was also fired from IMPS on 18 January 2005.
At the suggestion of a colleague, Kaibyshev has retained Yury Gervis as his representation in court. A graduate of the Investigative Faculty of the Soviet Union KGB High School, F. E. Djerjinski Institute, Gervis previously defended Valentin Moiseyev, a Russian diplomat also accused of spying on behalf of South Korea. Gervis resigned in 1993 from the investigation department of KGB-FIC (Federal Investigation Committee) after a decade of service. He is reported as saying of the FSB, "There is nobody to catch real spies, and therefore the FSB is making spies from people of public professions, who communicate with foreign organizations on their work. There is another trend - all 'espionage' cases are conjectural, weakly backed by evidence, and are all top secret in order to conceal errors and follies."
In Dr Kaibyshev's case, he is convinced that his arrest and trial were instigated an old colleague who wants to gain control of the profit from Kaibyshev's patents, and has used connections with the FSB to attempt to pressure Kaibyshev into giving him the patents. Dr. Kaibyshev is the former Director of the IMPS, a division of the Russian Academy of Sciences, one of Russia's leading research and development centres in materials science and processing.
Kaibyshev requested to return to his old post at the institute in a hearing before the Superior Court in Ufa on 24 March 2005. Kaibyshev and his lawyer appeared in court to plead their case, but the presiding judge refused to listen to their plea, saying that he is familiar with the case, and reading from a prepared paper, rejected the plea. Kaibyshev has reported that old colleagues of the scientist are under pressure by the FSB to testify against Kaibyshev in the upcoming hearing. The trial, whose dates are not yet established, will be filmed.
Relevant Human Rights Standards
International Covenant on Civil and Political Rights:
Article 19(1): Everyone shall have the right to hold opinions without interference.
Article 19(2): Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [her] choice.
Article 22: Everyone shall have the right to freedom of association with others.
Universal Declaration of Human Rights:
Article 19(1): Everyone shall have the right to hold opinions without interference.
Article 19(2): Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [her] choice.
Article 22: Everyone shall have the right to freedom of association with others.
Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20(1): Everyone has the right to freedom of peaceful assembly and association.
RECOMMENDED ACTION:
Please send faxes, letters, or emails:
Expressing your concern about the FSB investigation of the Russian Academy of Sciences' Institute of Metals Superplasticity Problems (IMPS) and its director, Dr. Oscar A. Kaibyshev because it appears that the IMPS was engaged in legitimate scientific research;
Requesting that Dr. Kaibyshev be removed from house arrest pending the conclusion of the investigation; and
Reminding the government that prosecuting an individual solely for the peaceful exercise of his or her right to freedom of expression and associate is in direct violation of several human rights standards that the Russian Federation is obligated under international law to uphold, and that freedom of expression is central to the scientific mission.
APPEALS TO:
Vladimir Vladimirovich Putin
President of Russia
The Kremlin Moscow Russia
Fax: 011 7 095 206 5173 or 011 7 095 206 6277
Email: president@gov.ru
Salutation: Your Excellency
PLEASE SEND COPIES OF YOUR APPEALS TO:
Yuri V. Ushakov
Ambassador of the Russian Federation to the United States
Embassy of the Russian Federation to the United States 2650 Wisconsin =
Avenue, NW Washington, DC 20007
Fax: (202) 298-5737
Salutation: Dear Mr. Ambassador
Natalie Nicora, NEAR, natalie.nicora@nearinternational.org'>natalie.nicora@nearinternational.org
Victoria Baxter, email vbaxter@aaas.org;
To ensure that appeals are current and credible, please do not continue to write appeals on this case after 60 days from the date of the posting unless an update has been issued.
URGENT
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• Make a GIFT by sending us a cheque payable to 'NEAR' and sending it to our address
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Email address: natalie.nicora@nearinternational.org'>natalie.nicora@nearinternational.org
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