Twenty-three members of the U.S. House of Representatives signed onto a petition from Rep. David Skaggs (D-CO) asking Russian President Boris Yeltsin. Below is Rep. Skaggs's "Dear Colleague" letter. Senator Jeff Bingaman (D-NM) is circulating a similar letter in the Senate.

UCSJ thanks all those who responded to its Nikitin action alert and for contacting their members of Congress and informing them on his case.

November 4, 1997

RUSSIAN ENVIRONMENTALIST CHARGED WITH TREASON

FOR WARNING OF NUCLEAR WASTE DISASTER

Dear Colleague,

I am writing to bring to your attention new developments in the case of Alexander Nikitin, a case that has broad repercussions for the future of democracy, free speech, and due process in Russia. I ask you to join me in sending the attached letter to Yeltsin.

Alexander Nikitin, a Russian environmentalist who co-authored a report that revealed a nuclear waste disaster in the making, has been charged with treason by the Russian Federal Security Service (the former KGB), which completed its investigation on September 19. The Russian Procurator, Yuri Skuratov, who was appointed by President Boris Yeltsin, will now have to decide whether to move to trial in this case.

Nikitin co-authored a report published by the Norwegian environmental group, Bellona, that revealed that unprotected nuclear waste is stored at bases and shipyards near Murmansk, and that retired nuclear-powered submarines docked in the Arctic Circle still contain highly radioactive spent fuel. Despite the fact that all the information used for the report was taken from open sources, Nikitin was charged with having released state secrets.

Nikitin had been charged with violating secret Defense Ministry decrees -- even though the Russian constitution prohibits such charges. He has now been charged with violating a Defense Ministry decree that was issued seven months after Nikitin was arrested -- even though the Russian constitution prohibits ex post facto prosecution. Federal Security Services investigators have changed their determination five times regarding the choice of decrees on which to base their investigation.

This case is critical, not only for Russian environmental policy, but for the future of Russian democracy. It is disturbing if Russia is unable to face up to these enormous environmental problems without prosecuting the citizen that exposed them. It raises questions about whether free speech and the publication of reports critical of the government will be permitted. The grave issues of due process in the Nikitin case cause doubt about whether Russia has truly put Soviet-style justice behind it.

Please join me in sending the attached letter to Russian President Boris Yeltsin, asking him to seek a thorough review before any decision is made to take this case to trial. If you would like to cosign the letter, or if you have further questions, please call Sue Hardesty of my staff at 52161.

Sincerely yours,

David E. Skaggs

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His Excellency Boris Yeltsin

President of Russia

Moscow, Russian Federation

Dear Mr. President:

We are writing to bring to your attention the case of Alexander Nikitin. We understand that the Federal Security Service has completed its investigation, and the Procurator General must now decide whether to take the case to trial.

We applaud the enormous strides Russia has taken since the end of the Soviet era to establish a rule of law, and end the old Soviet-style approach to criminal prosecution. That is why we are very concerned that this case, if pursued, would mark a serious setback for the rule of law in Russia.

Alexander Nikitin co-authored a report published by Bellona, a Norwegian environmental organization. The report revealed that unprotected nuclear waste is stored at bases and shipyards near Murmansk, and that retired nuclear-powered submarines docked in the Arctic Circle still contain highly radioactive spent fuel. Despite the fact that all the information used for the report was taken from open sources, Nikitin was charged with having released state secrets.

Nikitin had been charged with espionage for violating secret Defense Ministry decrees -- even though the Russian constitution prohibits such charges. He has now been charged with violating a Defense Ministry decree that was issued seven months after he was arrested -- even though the Russian constitution prohibits ex post facto prosecution. Federal Security Services investigators have changed their determination five times regarding their choice of decrees on which to base their investigation.

It appears that the rule of law as embodied in the Russian constitution has not been followed in this case. We urge you to ask your government's Procurator General to order a thorough review. We believe that such an unbiased review of the case would lead to a dismissal of the charges against Alexander Nikitin, and ask that you take steps to see that such a review is conducted.

We see this case as extremely significant. Thank you for your consideration of our views.

David E. Skaggs, Christopher H. Smith, Steny Hoyer, Elizabeth Furse, Martin Frost, Edolphus Towns, Gary L. Ackerman, Barney Frank, Maurice D. Hinchey, Ronald V. Dellums, Zoe Lofgren, Howard L. Berman, Eliot L. Engel, Henry A. Waxman, Charles E. Schumer, Jerrold Nadler, John Edward Porter, Lucille Roybal-Allard, Frank Pallone, Jr., Edward J. Markey, J. C. Watts, Jr., Lynn N. Rivers, Nancy Pelosi

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