Nikitin’s lawyer Yuriy Shmidt has filed a complaint addressed to theDistrict Attorney of St. Petersburg on February 26. The complaintfollowed a negative response from the FSB to a motion to dismiss thecase, filed by Nikitin’s lawyers on January 16 this year.

In his complaint, Shmidt draws the D.A.’s attention to the fact that theFSB continues to base its entire case against Nikitin on secret militarydecrees, in blatant violation of the Russian Constitution as well asinternationally human rights conventions Russia has signed.

"The FSB investigators’ reply to the appeal [to dismiss] is a directrefusal to follow the orders from the General Attorney office of Russiato the FSB," writes Yuriy Shmidt in his complaint.

In a resolutionsinged by deputy Attorney General Michael Katyshev in February lastyear, the FSB was given unambiguous notification that the use of secretmilitary decrees against Nikitin violates the Russian Constitution.

In his complaint, Yuriy Shmidt demands that the FSB’s decision to goforward with the case be overturned and the case be dismissed for lackof evidence.