Dear friends, I ask you support the attached
Appeal to Hillary Clinton.
With warmest regards from Moscow
Boris Altshuler
SOS FROM RUSSIA. SAVE DMITRY NEVEROVSKY.
March 12, 2000
To: Hillary Clinton
White House
Dear First Lady!
With this I ask your personal intervention
to save young Jewish
mathematician from town Obninsk in Russia
who was put in custody 4 months
ago for his anti-military creed.
Ignoring Russian Constitution which Article
59 permits motivated by one's
belief refusal from the military service
in favour of the alternative
civilian one, ignoring the special Decision
of the Constitutional Court of
Russia, 22.05.1996, which confirmed this
right of Russian citizens, Obninsk
City Court with its verdict on 25.11.1999
sentenced Dmitry Neverovsky to 2
years of imprisonment for the refusal to
serve in the Army. Appeal Court
cancelled this sentence, nevertheless Dmitry
Neverovsky was left in custody
in the torture-like conditions of Russian
prison.
On March 3, 2000 Obninsk City Court again
rejected the solicitation to
release Dmitry Neverovsky on bail and following
the request of the
prosecutor DIRECTED HIM FOR PSYCHIATRIC
EXAMINATION which resembles the
worst times of Soviet Punitive Psychiatry.
I ask you to approach Russian Acting President
Vladimir Putin with simple
request to respect Russian Law and Russian
Constitution. LET DMITRY
NEVEROVSKY BE RELEASED ON BAIL NOW.
I attach the Statement of Dmitry's mother
Tatiana Kotlyar who also is his
defender in the court.
Sincerely and with hope,
Boris Altshuler
Head of the "Movement without Frontieres"
and of the "Right of Child" NGOs
11, Novyi Arbat, rooms 19-18, 19-20, Moscow,
121019, Russia;
Ph.: (7-095) 291-5872, ph./fax: (7-095)
291-9176;
Web-page: www.openweb.ru/p_z/
THE TRIAL OF DMITRY NEVEROVSKY - THE WORST
SCENARIO
(A STATEMENT BY TATIANA KOTLYAR, DMITRY'S
MOTHER WHO DEFENDS HIM)
A second trial of Dmitry Neverovsky took
place in the Obninsk City Court on
March 3. The first trial was on November
25, 1999. At that time the chief
justice of the Obninsk City Court Ya. Makarovsky
sentenced Dmitry
Neverovsky to two years in prison (the
maximum sentence for this kind of
crime - Article 328, "refusal of military
or alternative civilian service")
for refusing to serve in the army according
to his anti-military creed.
Dmitry was arrested in the courtroom. (Dmitry
didn't try to avoid serving
in the army, he refused to serve according
to his beliefs; from 1997 he has
been trying to realize his right guaranteed
to every citizen by Russian
Constitution and replace military service
with alternative civilian
service.)
On February 8, 2000 the Kaluga Regional
Appeal Court cancelled the sentence
of the Obninsk City Court. But instead
of closing Neverovsky's case due to
the fact that there was nothing criminal
in his actions, the regional court
sent the case for a new trial - again to
the Obninsk City Court. The
decision of the Regional Appeal Court says:
"At the new trial of this case
it is necessary to… thoroughly check the
arguments of the convict and his
attorneys concerning the motives of Neverovsky's
unwillingness to serve in
the military, give them a suitable evaluation
and decide the question of
the convict's guilt or innocence of the
charges."
Having cancelled the sentence, the Regional
Appeal Court broke the law by
not considering the question of changing
Neverovsky's suppression measure.
Neverovsky has been in a Kaluga prison
since November 25, from the day the
first verdict was announced. After the
sentence was cancelled, Neverovsky
was handcuffed just in the Appeal Court's
courtroom and brought back to
prison! Having cancelled the sentence,
the Regional Appeal Court was
supposed to release Dmitry Neverovsky on
bail, instead of leaving him in
custody.
I find that it will be impossible for Neverovsky's
case to be objectively
examined in the Obninsk City Court again.
First Neverovsky's sentence was
passed by the Chief Judge of the Obninsk
City Court Ya. Makarovsky, and
every Obninsk judge depends on the way
the Chief Judge treats him or her.
This is why it is hard to expect a "non
guilty" verdict for Dmitry
Neverovsky from any member of the Obninsk
City Court. An appeal to release
Dmitry on bail had been submitted to the
Obninsk City Court, too.
Neverovsky's case was passed on to a judge
named Galina Ivanovna Zinova.
Petitions to release Dmitry Neverovsky
from custody and personal pledges
for him were submitted by four State Duma
deputies, two deputies of the
Obninsk City Assembly, the Chairwoman of
Moscow Helsinki Group Ludmila
Alexeeva, the Head of "For Human Rights"
movement Lev Ponomarev, two
non-government organizations and simple
residents of Obninsk and Kaluga.
There are no legal grounds for holding
Dmitry under arrest - he didn't
violate the written undertaking not to
leave Obninsk before the trial, and
he himself is interested in a quick and
fair trial, because he is sure that
he didn't break the law and is fighting
for acquittal.
Judge Zinova scheduled the trial on March
3. Actually, there was no real
trial (as in considering the case to the
point). Without any motives the
judge refused to satisfy the solicitation
to release Dmitry Neverovsky on
bail and satisfied the prosecutor's request
to send the case for further
investigation, and, actually, for bringing
new charges. By this the
prosecutor actually admitted that the prosecutor's
office couldn't even
competently file charges, and the judge
gave it "another chance". This
would seem amusing if we forget that Dmitry
Neverovsky, being guilty only
of believing in Russian Constitution, has
been imprisoned for almost 4
months, were he has to exist in terrible
conditions, where he was placed in
a punishment cell twice, which could be
equated with torture. It is obvious
that since even after the sentence was
cancelled Dmitry is still kept in
prison without legal grounds, it must be
necessary for someone.
The court also satisfied the prosecutor's
office request to make Dmitry
undergo a psychiatric examination. This
reminds us of the time 20 years
ago, when psychiatry was used for political
needs, when dissidents were
declared mentally ill. This is what made
the Head doctor of Kaluga
Psychiatric Hospital Livshits famous in
those times; and he is still at
this post! It seems that the prosecutor's
office is simply afraid of a new
hearing of Dmitry Neverovsky's case, where
Dmitry could clearly and firmly
state his beliefs, express his refusal
to participate in the felonious
Chechen war and speak about the ways the
Russian army is used against
Russian citizens.
The worst scenario of the "Neverovsky
case" has been realized - instead of
a quick and fair trial there is endless
imprisonment, punishment cell and
other forms of pressure and revenge, attempts
to declare Dmitry Neverovsky
to be mentally ill because he refuses to
participate in a criminal war.
Even if the Kaluga Regional Appeal Court
affirmed the unlawful sentence for
Neverovsky, this would have been better.
After that this sentence could be
protested by the Supreme Court, by the
Prosecutor General's Office, and
even by the Russian Ombudsman. But now
there is no sentence, which is why
none of the above will interfere. And in
the meantime Neverovsky will
continue to be kept in prison. This is
simply revenge against Dmitry for
his firm position, for his refusal to participate
in the felonious Chechen
war and for his demand to observe the Constitution
of Russian Federation.
They try to keep Dmitry in prison for as
long as possible, even without any
legal grounds for that.
I demand a quick and fair trial for Dmitry
Neverovsky. I demand his release
from custody.
March 4, 2000
Tatiana KOTLYAR
19/1, Koshevogo st., Obninsk,
Kaluga Region, Russia.
Fax: (7-095) 255-2318
Contact: lingel@obninsk.com
(See also)