This decision mentions significant violations of the Criminal Procedure Code by FSB.
On July 20, 1999, in Vladivostok
The Military Court of the Pacific Fleet consisting of:
Presiding – Lieutenant Colonel of justice Savushkin D.P.
Judges : Lieutenant Colonel Polovnikov V.P. and Lieutenant Colonel Dronov A.P.
Court Secretary Zubrihina O.E.
With participation of State Prosecutors – senior assistant prosecutor, martial of the Pacific Fleet, Lieutenant Colonel of justice, Pogodin V.K.
Defense Attorneys Rimkunas I.I., Pyshkin A.F., Gerina Y.M., Kotlyarov O.S.,
Public Defenders: Maksimenko Y.S., Tkachenko A.P.
Throughout the investigation of the case, significant violations of the Criminal Procedure Code were committed.
According to Articles 141 and 181 of the Criminal Procedure Code of the RSFSR the minutes of the search has to mention: the date of its carrying out; the time of the beginning and the end of the search; other necessary information; and also the exact and full description of what was found and confiscated during the search.
Captain of Justice Yegorkin, A. N. explained in the Court that while composing the minutes of the search of the case of the operational control, he had deliberately given the wrong date of this investigative action, and he had put in the information from the minutes of the witnesses, but not in connection with the search of the case of operational control, COC – 136.
Thus, Yegorkin, A. N. has partly falsified the above-mentioned minutes.
We have to remind about article 303 of the Penal Code of the Russian Federation ("The falsification of evidences"), which provides for Captain of Justice Yegorkin’s acts the deprivation of freedom from 3 till 7 years ( "The falsification of evidences in a criminal case of a grave crime").
The information about the falsification appeared while the Court was examining the minutes of the search of the documents, which had been confiscated from Pasko’s apartment. The minutes were composed by the operational plenipotentiary of the 1st FSD department, 2nd Class Commander Dorovskikh , V. V. ( p.c. 21- 46 , vol.5 ) . It follows the expert’s conclusion about the handwriting that the signatures of the witnesses Onoprienko and Shablenko, were made by different people on respectively page 4 and 5.
The facts of the falsification involve the declaration of both minutes as offences against the law, and they were excluded from the evidences of the case.
Besides, according to the minutes of the witness-interrogation (p.c. 280, vol. 2) Captain Yegorkin , A. N. ‘represented’ to Takao Dzjun from NHK, who was not cleared for state secrets, the materials which were the evidences of the case, including the information which was the above-mentioned secret information or information of limited distribution.
The remarks about Yegorkin’s actions, who allows Takao Dzjun to get this information, don’t exist.
Just think! If the materials that Pasko gave to NHK representative, consisted of secret information, the investigator himself gave him that information. So the investigation didn’t prove whether Pasko gave this information or not, but it is positively known that the investigator did. Who has to be tried for espionage? The last hope is that this information isn’t secret, then all the prosecutors’ arguments spill.
According to article 321 of the Criminal Procedure Code of the RSFSR the Military Court of the Pacific Fleet RULES:
- To draw the attention of the head of the FSB on the Pacific Fleet on the above-mentioned offences.
- To bring to the military prosecutor’s notice what has been exposed, so that he can improve the quality of the supervision of the law execution by the organs of preliminary investigation.