Deputy of the Yabloko faction in the State Duma Alexander Shishlov asks to change the restraining order for Grigory Pasko and provides a personal guarantee for Pasko's attendance in the event of court summons
On January 11, 2002, Deputy of the State Duma of the RF, Member of the Committee on Legal Issues and Human Rights of the Parliamentary Assembly of the Council of Europe, Alexander Shishlov forwarded a formal request to the Chairman of the Military Board of the Supreme Court of the Russian Federation Nikolai Petukhov to change the restraining order for Grigory Pasko freeing the journalist for the period of investigation of the appeal with the Military Board of the Supreme Court of the Russian Federation.
On the same day Shishlov also forwarded his formal personal guarantee for Pasko to the Military Board of the Supreme Court of the Russian Federation in accordance with Article 94 of the Criminal Procedural Code of the RSFSR. The document states: "I…….undertake to act as guarantor for the appropriate behaviour and attendance of Grigory Mikhailovich Pasko in the event of a court summons... I am aware of the guarantor's obligations envisaged by Article 94 of the Criminal Procedural Code of the RSFSR, as well as of my liability if the individual charged as guilty undertakes any actions in defiance of the restraining order."
"I am certain that the release of Grigory Pasko at the stage of investigation of the appeal in the Military Board of the Supreme Court of the Russian Federation will not affect the investigation of the matter in the cassation body," Shishlov writes to the Chairman of the Military Board of the Supreme Court of the Russian Federation. "Satisfying the appeal of the barrister and, consequently, granting to Grigory Pasko a normal possibility to prepare his defence at the stage of forwarding an appeal on the verdict will facilitate the adoption of the correct decision by the Military Board of the Supreme Court of the Russian Federation," noted Shishlov.
On December 25, 2001, the Military Court of the Pacific Fleet pronounced Grigory Pasko guilty of state treason in the form of espionage in accordance with Article 275 of the Criminal Code and sentenced the journalist to four years of imprisonment in a prison colony, stripping him of his military rank of Captain of 2nd rank and all awards. In accordance with the verdict Pasko was taken into custody in the court hall and placed in the investigative prison of Vladivostok. On December 26, 2001, the barristers of the journalist appealed to the Military Board of the Supreme Court of the RF. They asked the Board to close the criminal case as Grigory Pasko had not committed any crime.
Shishlov is "certain that the verdict on Grigory Pasko was not based on law and facts of the case."
"The court demonstrated complete groundlessness of the charges on Pasko which is reflected in the verdict."
Shishlov also draws the attention of the Chairman of the Military Board of the Supreme Court of the Russian Federation that "the only charge the court agreed with was based on the application of the order of the Defence Ministry contradicting effective legislation, which was moreover not published and registered with the Ministry of Justice and, consequently, was not applicable, and the Supreme Court had already pointed this fact during the investigations in the well-known case of Captain of the First Rank Nikitin."
"The argumentation of the defence convincingly demonstrates that the court verdict should be repealed," Shishlov's letter stresses.
"The Pasko case demonstrated the urge of some officials to hamper the formation of a law-governed state in Russia, which would respect human rights, and, in particular, guaranteed by Articles 29 and 42 of the Constitution of the RF, the right to free access and dissemination of information and the right to reliable information on the environment," noted Shishlov.
"The court decision on the Pasko case raised broad public discontent," wrote Shishlov.
"In these circumstances - stressed Shishlov - keeping Pasko under
arrest until the hearing of the case by the Military Board of the Supreme
Court of the Russian Federation, which is not conditioned by the interests
of justice, undermines the citizen belief in a just and fair court,
Russia's observation of its obligations that it assumed at the time
of its admittance to the Council of Europe and brings damage to the