July
10th, 2000
This Date's Issues: 4393 •
4394 •
Johnson's Russia List
#4394
10 July 2000
davidjohnson@erols.com
[Note from David Johnson:
1. AP: Russia Releases New Foreign Policy.
2. Reuters: Russia's govt expected to shake up Gazprom.
3. Washington Post: Mark Hertsgaard, Russia Is an Eco-Disaster,
and It Just Got Worse.
4. Los Angeles Times: A Russian Custom: Traffic Cops on the Take.
5. John Reppert: the fourth annual Harvard US-Russian Investment
Symposium.
6. Baltimore Sun: Scott Shane, Russian press restrictions recall
early America.
7. The Athens News (Greece): John Helmer, THE FAUCET AND THE BIG
BANG.
8. Edward Lucas: weekly bulletin from Moscow.
9. Moscow Times: Sarah Karush, Judging the Country's 'One Judge'
(Sergei Pashin)
10. Profil: SECURITY COUNCILS. (Interview with Security
Council Secretary Sergei Ivanov)]
*******
#1
Russia Releases New Foreign Policy
July 10, 2000
By ANDREW KRAMER
MOSCOW (AP) - Russian Foreign Minister Igor Ivanov announced a new foreign
policy doctrine Monday, stressing that the nation should pursue only those
goals it can afford.
``The point is to make our policy more rational, more profitable in the
political and economic sense,'' Ivanov told a news conference.
The doctrine calls for placing priority on foreign policy goals that are
necessary to build a strong state. Russia's interests abroad will be trimmed
to conserve scarce resources, while more emphasis will be placed on assisting
the country's economic recovery, Ivanov said.
The doctrine's introduction follows President Vladimir Putin's state of the
nation address Saturday, which strummed some of the same themes of ending
waffling in government policy. It fills out the Putin government's
ideological program - focusing on the paramount importance of the central
government in society, although allowing a free market.
The Putin government's previous policy pronouncements have included a new
security doctrine broadening the Kremlin's authority to use nuclear weapons
and a so-called information security doctrine, which strengthens the
government's role in monitoring information flows in Russia.
The foreign policy doctrine says the government should ``insist on its lawful
rights'' in the foreign policy field, and have a ``realistic'' approach to
Russia's interests, Ivanov told reporters.
The document reflects Russian bitterness over NATO's eastward expansion,
which many in Russia consider a betrayal by the West. ``Certain plans related
to establishing new, equitable and mutually advantageous partnership
relations ... have not been justified,'' the document reads.
The country will focus on building alliances with regional powers and working
within the United Nations, Ivanov said. Yeltsin also pursued such goals, but
intermittently.
The doctrine identifies the struggle against international terrorism, ``which
is capable of destabilizing the situation not only in individual states, but
in entire regions,'' as the most important task of Russian foreign policy.
Moscow contends that international terrorists are responsible for Russia's
war in breakaway Chechnya.
On wider themes, Ivanov said the country has no ambitions to revive its lost
empire. But he said Russia deserves a special place in the world because of
its vast natural resources, military power and rich intellectual and
spiritual heritage.
``Russia was, is and will always be a superpower,'' he said.
The doctrine is the first announced since a post-Communist foreign policy
reassessment in 1993. In that doctrine, Russia lowered its guard and focused
on courting aid and advice from Western Europe and the United States.
*******
#2
ANALYSIS-Russia's govt expected to shake up Gazprom
By Peter Henderson
MOSCOW, July 10 (Reuters) - Russia is set to demand more efficiency and
transparency from Gazprom and seek more value from the firm with a quarter of
the world's gas reserves and which is seen as a test case for the country's
restructuring.
Gazprom has negotiated for years the balancing act of powering the country
with cheap gas while profiting from exports, and management has largely been
left to its own devices, though the days of isolation appear numbered.
Shareholders, including the largest, Russia's government, want the company to
deliver value by becoming more transparent, efficient, and to enliven the
moribund market for its stock, which is divided into separate markets for
locals and foreigners, who pay a hefty premium.
The government and outsiders scored handsomely at Gazprom's recent annual
meeting when minority directors took two of the 11 board seats, reducing
management to four and leaving the government five and the board
chairmanship.
Gazprom is easily the biggest contributor to the budget and its domestic
operation is a mess of bills due from clients, making it a gauge for
government commitment to reform.
``If Russia is to be cleaned up, this would be a fantastic case,'' said James
Fenkner, equity strategist at Troika Dialog brokerage in Moscow.
DUAL MARKET AND ITERA
An early sign of reform would be changes to the dual-market share structure,
hinted at in some recent comments.
Foreigners are legally limited to buying Gazprom equity through foreign
trading American Depositary Shares (ADS), which cost about two and a half
times as much as the local shares which back them and which trade for
Russians alone at home.
A senior government source acknowledged recently that the ``ring fence''
built to keep foreigners out of the local market is full of gaps -- some
estimate foreigners control 13 percent of Gazprom in local shares -- and the
government should mend the fence or tear it down, taking a decision in a
month or two.
``There is uncertainty, and that very strongly undermines the company,'' the
source told journalists.
``We want to realise the real value of Gazprom. How to do that will be the
question. I think the real value of Gazprom can only occur by taking down the
ring fence.''
All the analysts canvassed by Reuters were sure the ADS would quickly recover
from a dip after the fence fell and said they expected the fence to fall
eventually.
Another reform would be to provide details of Itera, a company which sells
Gazprom gas and is increasingly producing gas at fields that used to belong
to Gazprom. Analysts fear Gazprom value is being transferred to Itera.
The government source said he did not expect to force a change at Itera until
Chief Executive Rem Vyakhirev steps down in the middle of next year, though
he called it a problem.
BOARD OUTSIDERS HAVE KEY ROLE
Derek Weaving, Deutsche Bank's head of energy research for emerging Europe,
saw shareholders pushing for change, reinforced by the momentum of the
government's reform plan, which includes planks on reforming monopolies, and
Gazprom's need for capital, which will be much easier to satisfy without a
ring fence.
He said the two outsiders on the board would play a key role. ``They are
inside the tent,'' he said.
The two outsiders on the board are Boris Fyodorov, founder of brokerage
United Financial Group (UFG) and a representative of Germany's Ruhrgas, a
strategic partner and shareholder seen first concerned with preserving its
reputation.
Fyodorov in particular has called for Gazprom to explain its relationship
with Itera and dismantle the two-tier market.
The uncertainty can be seen as a buying opportunity. Hit by uncertainty, the
ADS has come down, following the domestic Russian stock market this year. The
ADS at $7.35 on Monday was off 13 percent for the year, while local shares at
8.29 roubles were up about the same amount -- in roubles. The RTS1-Interfax
index of the Moscow market was up seven percent at 187.19.
Stephen O'Sullivan, head of research at UFG, criticises Gazprom for Itera and
the ring fence, and he cautions reform will be slow, but he targets domestic
shares, now around $0.287, at $0.89 and the ADS, which covers 10 shares, at
$8.90.
On enterprise value to 2000 forecast earnings before interest, tax,
depreciation and amortisation (EV/EBITDA), a favourite multiple for Russian
analysts, local shares are 3.0, slightly more expensive than the Russian
energy companies average of 2.7, while the ADS is 4.9.
But that compares to an emerging market average of 7.1 and an international
gas company average of 10.5. Or take enterprise value to reserves -- Gazprom
is at $0.09 per barrel of oil equivalent against $33.79 for the international
gas company average.
*******
#3
Washington Post
9 July 2000
[for personal use only]
Russia Is an Eco-Disaster, and It Just Got Worse
By Mark Hertsgaard (hertsgaard@msn.com)
Mark Hertsgaard is the author of "Earth Odyssey: Around the World in Search
of Our Environmental Future" (Broadway Books).
A couple of months ago, Russian President Vladimir Putin abolished his
country's environmental protection agency--a decision that bodes ill not only
for the people and ecosystems of one of the world's most polluted nations,
but also for the security and environmental health of the entire world. Yet
Putin's action has attracted virtually no attention from Western politicians
or news organizations.
Acting by decree and without explanation, Putin shut down the State Committee
for Environmental Protection on May 17 and transferred its responsibilities
to the Natural Resources Agency, the government body that licenses the
development of Russia's vast stores of petroleum and minerals. After
eliminating the State Committee on Forestry, Putin completed his governmental
reorganization by naming Alexander Gavrin, who has close ties to the
country's biggest oil producer, Lukoil, as energy minister. In short, Putin
has put industrial foxes in charge of the environmental henhouse.
The State Committee for Environmental Protection had neither the power nor
the status of its American counterpart, the Environmental Protection Agency.
Created as a cabinet-level body under Mikhail Gorbachev in 1991, the Ministry
of the Environment was downgraded to a mere State Committee in 1996 by the
newly reelected Boris Yeltsin. But many Russian environmentalists point out
that the committee played a positive role in some cases--it helped the
Russian environmental law firm Ecojuris stop Exxon from dumping toxic waste
from oil drilling into the seas off the Sakhalin peninsula, for example.
Despite their frequent criticisms of the committee's inadequacies, alarmed
activists are now gathering signatures to force a national referendum on
Putin's decree. "Even a shabby State Committee for the Environment is better
than no environmental monitoring body whatsoever," argues Greenpeace Russia
spokesman Alexander Shuvalov.
Victor Danilov-Danilyan, who headed the committee when it was abolished,
notes that 61 million Russians already live under environmentally dangerous
conditions. In 120 Russian cities, air pollution levels are five times higher
than acceptable, according to Russia's own standards. One million tons of
oil--the equivalent of 25 Exxon Valdez spills--leak out of pipelines and into
Russia's soil and water every month. The Russian news agency Tass reports
that 30 percent of Chechnya is an ecological disaster zone, thanks in part to
the 26 oil wells that have been on fire nonstop for months.
Nevertheless, one day after Putin's announcement, the Natural Resources
Agency declared it planned to "simplify" rules governing environmental
behavior in Russia. Logging policy in particular is slated for overhaul.
Russia contains 22 percent of the world's forests--more than any other
nation. With help from a $60 million loan from the World Bank, the Putin
government plans to improve the investment climate for logging in Russia.
Leveling Russia's vast forests will speed the extinction of countless plant
and animal species; it will also remove a major source of fresh air and water
and a counter to global warming.
Nowhere are Putin's actions more frightening, though, than with respect to
nuclear technology. The State Committee for Environmental Protection did not
directly oversee Russia's nuclear industrial complex, but Putin's
business-first attitude seems certain to carry over to nuclear policy. Not
one of Russia's 29 nuclear power plants has a complete safety certificate;
many have been cited for hundreds of violations. Yet Putin's minister for
atomic energy, Yevgeny Adamov, wants to build 23 more nuclear power plants,
plus another 40 advanced, "fast breeder" reactors. Breeders rely on
plutonium, a key ingredient in nuclear weapons.
To have plutonium shipments crisscrossing Russia, where the rule of law is
weak at best, is a recipe for catastrophe. One hijacking--or an inside job by
workers vulnerable to temptation after months of unpaid wages--could give a
terrorist group enough raw material to hold whole cities hostage. Adamov says
fast breeder reactors will make Russia rich, which is the same reason he
offers for changing Russia's laws to allow the import of tons of nuclear
waste--as if Russia isn't already choking on the stuff.
Instead of abolishing the State Committee, Putin should have strengthened it
to address the dangers posed by his country's nuclear pollution and security.
The infamous Chernobyl accident of 1986 took place in the Ukraine, of course,
not in Russia, but its radioactivity continues to increase the risk of cancer
and endanger human health throughout the region. Many of Russia's nuclear
plants rely on the same technology as the Chernobyl facility.
Less well-known is the still unfolding crisis near the western Siberian city
of Chelyabinsk. The Mayak complex 50 miles north of Chelyabinsk was the heart
of the Soviet nuclear weapons production system throughout the Cold War.
Three disasters with Mayak's nuclear waste--in 1946, 1957 and 1967--have
caused cumulative damages comparable to, and probably worse than, the
Chernobyl meltdown. Even today, some 100 million curies of radioactivity,
including six Chernobyls' worth of strontium 90 and cesium 137, remain in
Mayak's Lake Karachay, which scientists from the U.S.-based Natural Resources
Defense Council have called "the most polluted spot on Earth." The
groundwater is already contaminated, and the area is subject to cyclones and
earthquakes that could further spread the radioactivity.
Rivaling Chelyabinsk is the Kola Peninsula in northwestern Russia, near the
border with Norway. During the Cold War, the harbors of Kola were home to the
Soviet Union's Northern Fleet, which dumped used submarine reactors, spent
fuel and other nuclear debris into the sea with abandon. The waters now
contain two-thirds of all the nuclear waste dumped into the world's oceans.
The problems at Kola came to light through the work of Alexander Nikitin, a
former naval captain who co-authored with the Bellona Foundation, a Norwegian
environmental group, a report documenting the potential for trouble. Though
Nikitin's report relied only on previously published information, the Federal
Security Police (FSB) arrested him in 1996 and imprisoned him on charges of
treason and divulging state secrets. He was acquitted last December.
Putin, who headed the FSB in 1998 and 1999, defended the FSB's aggressive
stance toward Nikitin and other environmentalists, asserting last year that
environmental groups provide convenient cover for foreign spies. But Putin's
May 17 decree suggests that his real concern is not that environmentalists
will compromise state security, but that their efforts will elevate
ecological purity over the speedy resource development that the Russian
leader believes his country needs.
There is still time for Putin to reverse his anti-environmental initiatives.
When biologist Alexei Yablokov, a leading figure in Russia's environmental
movement, gave Putin a letter from members of the Russian Academy of Sciences
urging restoration of the State Committee, the Russian president responded
that he would think about it. But he assigned the review of his decision to
Boris Yatskevich, who, as minister of natural resources, is unlikely to
reverse course without pressure.
Russian environmentalists, with their referendum drive, are doing their part.
Outsiders, alas, are not. So far, the only official criticism of Putin's
decree has been an "expression of concern" endorsed by the environmental
ministers of the Nordic countries at a meeting last month. President Clinton
declined to raise the subject in his speech to the Russian Duma in June.
Surely the elimination of environmental oversight in one of the most
polluted, militarily potent nations on earth deserves more attention than
that.
******
#4
Los Angeles Times
July 9, 2000
[for personal use only]
A Russian Custom: Traffic Cops on the Take
Law enforcement: Though it's the subject of many jokes, many motorists say
the unofficial system of traffic 'fines' works more smoothly than official
sanctions.
>From Associated Press
MOSCOW--They can be seen pacing up and down the dividing line or
standing in wait at tricky corners where motorists will sometimes bend the
rules to save a few minutes on Russia's decrepit roads.
They are the traffic police, known for their gray uniforms and the
white-and-black batons that flash out to wave a driver to the curb. And they
are also known for their love of bribes, large and small.
It is one of the most notable displays of corruption pervading Russian
life, and hundreds of jokes poke fun at the payoff-prone cop. There were
plenty told this week, the 64th anniversary of the State Traffic Control
Inspectorate.
Even police acknowledge bribe-taking is a fact of life, but say traffic
cops aren't the only ones to blame.
"Bribes are accepted because they are offered," said traffic
inspectorate spokeswoman Lyudmila Tosheva. "There's no such case where you
can blame one side or the other."
Though they lament the corruption, some drivers find relief in the
institution. A bribe is often an easy way to avoid the bureaucratic hassles
of paying for a formally issued ticket.
"It's an old habit," said Sergei Pozhedayev, a sales manager at a Moscow
auto shop. "If you break the law a little, just give them 50 rubles [$1.70]
and you go on your way."
Russian law allows police to confiscate motorists' licenses for even
minor violations, meaning the driver usually has to spend half a day paying a
fine at the bank and going to the police with a receipt to get the license
back.
"It's very convenient," said a Moscow driver who identified himself as
Sergei. "Let's say that I haven't gotten my car inspected and I get stopped;
it's a lot easier for me to slip a little money into his pocket on the spot."
The lack of discipline has its dangers. Though the country has a
zero-tolerance law for drunk drivers, policemen will look the other way for a
price, though it could cost hundreds of dollars.
The chief of Russia's traffic police, Lt. Gen. Vladimir Fyodorov, said
Monday that 29,000 people died in traffic accidents in Russia last year. In
the United States, the number was more than 41,000, but Russia has far fewer
cars on the road because they are too expensive for most Russians.
Bribes are also a crucial source of income for traffic cops, whose
salaries are about $60 a month. Some drivers sympathize.
"We all have to get by somehow," said 23-year-old Yuri Abramov, a truck
driver. "That's how they do it--by taking from us."
*******
#5
Date: Fri, 07 Jul 2000
From: John_Reppert/FS/KSG%KSG@harvard.edu
Subject: the fourth annual Harvard US-Russian Investment Symposium
I would like to draw JRL readers attention to the fourth annual
Harvard US-Russian Investment Symposium which will take place in Boston
October 5-7. This event brings together some 250 senior business and
government figures from each side for discussions on the business climate
in Russia and considerations for foreign investment. Because of President
Putin's personal interest in foreign investment, Prime Minister Kasyanov
has directed Deputy Prime Minister Khristenko to organize the Russian team.
Among those on the Russian side who have already agreed to make
presentations are Minister for Economics and Trade German Gref, former
Prime Minister Sergei Stepashin, and former Foreign Minister Andrei
Kozyrev. On the Western side Acting Managing Director of the IMF Stanley
Fischer, First VP of EBRD Charles Frank, and World Bank Vice President
Johannes Linn will be providing their assessment. We expect that World
Bank President James Wolfensohn and Secretary of the Treasury Larry Summers
will again be participating, along with Paul Volcker, former Chairman of
the Federal Reserve Bank of the US and many others. To obtain more
detailed information about the event, the program, and registration JRL
readers should log on www.ksg.harvard.edu/USRIS/ For program ideas and
questions contact john_reppert@harvard.edu.
*******
#6
Baltimore Sun
July 9, 2000
[for personal use only]
Russian press restrictions recall early America
By Scott Shane
Scott Shane, a reporter and former Moscow correspondent for The Sun, is the
author of "Dismantling Utopia: How Information Ended the Soviet Union."
THE RECENT news from Russia calls into question one of the momentous
achievements of the past decade in that troubled nation: media that are free
to criticize the government. Such freedom, imperfect but without precedent in
Soviet or pre-Soviet Russia, was forged under Mikhail Gorbachev and sustained
through the rocky rule of Boris Yeltsin. It is crucial if Russia is to be
reborn as a prosperous and peaceful place.
Yet for those already nervous about President Vladimir Putin's KGB
background, the barely submerged war on the opposition press is ominous.
Mr. Putin's denial of any role in the recent three-day jailing of media mogul
Vladimir Gusinsky, whose feisty television network, radio station and
newspaper have been important independent voices, was preposterous. Like the
detention of Radio Liberty reporter Andrei Babitsky in Chechnya earlier this
year and the police raid in May on the headquarters of Mr. Gusinsky's
Media-Most Group, the episode carried a whiff of Stalinism.
Such tactics seem to grow out of Russian soil. They are unimaginable in
America today. But it is worth casting an eye back 200 years to a moment when
this country was in a similar stage of self-invention, and press freedom hung
in the balance.
An invaluable guide is historian Richard N. Rosenfeld's 1997 book "American
Aurora," a firsthand tour of a post-revolutionary America struggling to
define the limits of political propriety.
By building his 989-page tome almost exclusively from original documents --
articles from the violently partisan press, records of Congress, letters
written by leading citizens -- Mr. Rosenfeld puts the reader in the middle of
the fracas of 1798-1800. It is a sobering place to stand.
In school and in much of pop culture, early America comes to us as a sunny
pageant in which bewhigged wise men, defying the tyrannies of European
monarchs, joyfully unite around the Bill of Rights.
In fact, the United States was a country bitterly divided between the
Federalists and the Democratic Republicans, a place where political passions
often spilled into street violence. Newspapers were full of fierce advocacy,
and several of the Founding Fathers thought an excellent place for an editor
who attacked the government was jail.
Under the Sedition Act, passed by Congress in 1798, and draconian state libel
laws -- under New York's law, the truth of the alleged libel was not a
defense -- aggrieved politicians could often act on their passions. Consider
a few news items from those days:
Dec. 4, 1799: David Frothingham of the New York Argus, convicted of damaging
the reputation of former Treasury Secretary Alexander Hamilton, is imprisoned
for four months.
April 4, 1800: William Durell, editor of the Mount Pleasant Register in New
York, is sentenced to four months in jail for "false, scandalous, malicious
and defamatory" writings on President John Adams.
April 11, 1800: Charles Holt, editor of the Bee in New London, Conn., is
sentenced to three months in prison under the Sedition Act for the crime of
calling Adams' "provisional" army a "standing" army. The newspaper closes.
April 24, 1800: Pennsylvania lawyer Thomas Cooper gets six months in prison
for writing a handbill blaming Adams for high interest rates and other
complaints.
Such actions were cheered, when they were not instigated, by the likes of
Adams, Hamilton and George Washington.
Of the paper the Federalists hated most, The Philadelphia Aurora, Adams wrote
that if the district attorney "does not think this newspaper libelous, he is
not fit for his office and if he does not prosecute it, he will not do his
duty ... " Washington agreed. The editors of the Aurora were subjected to
repeated prosecutions, not to mention mob attacks.
There was nothing like the modern American consensus that a free press should
be protected from the government; many felt it was the other way around.
Hamilton wrote to a friend: "To preserve confidence in the officers of the
general government by preserving their reputations from malicious and
unfounded slanders is essential."
In the partisan fray, even newspapers endorsed censorship. "That such a
newspaper should be tolerated in the capital city of the United States," the
Federalist Gazette of the United States wrote in 1800 of the Aurora, " ... is
proof that our laws are incompetent to restrain or suppress its daring
licentiousness ..."
In the end, of course, daring licentiousness won the day. The Sedition Act
expired in 1801, and Thomas Jefferson, its most prominent opponent, became
president.
In 1964, when the Supreme Court expanded protection for newspapers in the
landmark libel case known as New York Times vs. Sullivan, the late Justice
William J. Brennan Jr. traced the strength of press freedom in U.S. law and
tradition exactly to that time when it was most threatened. The struggle over
the Sedition Act, he wrote, "first crystallized a national awareness of the
central meaning of the First Amendment."
Perhaps someday Russians will look back at Mr. Putin's experiments in
punishing the press and draw a similar conclusion. By trampling a right, a
government sometimes teaches its lasting value.
******
#7
Date: Fri, 07 Jul 2000
From: "John Helmer" <helmer@atom.ru>
Subject: THE FAUCET AND THE BIG BANG
This week in The Athens News (Greece)
THE FAUCET AND THE BIG BANG
>From John Helmer in Moscow
When Russia's leadership thinks seriously, strategically, about Greece,
not very much comes to mind, except a faucet. To the Russians, Greece is the
tap at the Mediterranean end of a Russian oil pipeline. For President
Vladimir Putin and his Security Council, it is far better for Russian
economic and regional security, if that tap is turned by Greek hands, not
Turkish ones.
This is the big difference between Putin and his predecessor, Boris Yeltsin;
and between the current Russian prime minister, Mikhail Kasyanov, and former
prime minister Victor Chernomyrdin.
Yeltsin and Chernomyrdin were silently persuaded, and (according to some
evidence) bribed, to support the Turkish oil pipeline, and drag their feet
on implementing the Greek alternative. During President Constantinos
Stephanopoulos's recent visit to Moscow, the Russians made clear they think
differently. They are now impatient to make the technical decisions,
build the pipeline, and open the tap.
When Greek officials discuss the results of that visit, and of this week's
trip to Moscow by Greek Defence Minister, Apostolos Tsokhatzopoulos, they
exaggerate the importance Greece has in playing the faucet role in front of
the Kremlin.
Tsohatzopoulos has been warmly welcomed by his Russian military counterparts
before. But these days the Russians are deeply skeptical of him. They do not
believe Greece would dare to risk the anger of the United States or Turkey
by making a significant purchase of Russian-made arms. They know he cannot
resist Washington's pressure.
Long gone is the perception in Moscow that the Greek governmment is closer to
Russia's security concerns than other members of the NATO alliance. Indeed,
when Greek Foreign Minister George Papandreou spoke in Moscow last March of
his idea of finding a replacement for Yugoslavia's President Slobodan
Milosevic, the Russian reaction was so negative, the idea wasn't revived
when Papandreou returned to Moscow with Stephanopoulos a few days ago.
Instead, Papandreou was told that, whatever mistakes Milosevic may be guilty
of, the Kremlin knows the internal situation in the Balkans well enough to
judge there is no suitable alternative. Worse, the Russians told
Papandreou, after Milosevic there is likely to be a political vacuum that
would
be far more unpredictable, and more dangerous than for Milosevic to
stay on. The message was repeated for Stephanopoulos's benefit. Russian
officials realize that Greece has no bright idea for filling
that vacuum.
The big bang in the Balkans that Greece is afraid of is not, however, the
same bang that troubles the Russians.
According to Russian strategists, the two most serious security threats they
face are war in the Caucasus, fueled by Islamic militants but covertly backed
by the United States and its allies; and war in the Fareast, as China tries
to reintegrate the province of Taiwan, defended by the US Pacific fleet. In
Russian and Chinese minds, the two bangs are closely connected.
For Russia, the real significance today of last year's war against Yugoslavia
is the readiness of the US and NATO, including the Greek government, to
create new borders and destroy old adversaries. The Russians see the new
enlarged Albania as an example of what the Chechen secessionists want to
carve out of the Russian Caucasus. Although the Kremlin understands that
Greeks are also apprehensive of an Islamic rebellion in Greece's northern
border provinces, and Greek officials are careful in their criticism of
Russia's Chechnya policy, the Russians regard the Greek government as far too
weak to be useful.
In the Fareast, where Putin is planning to meet the Chinese, Korean, and
Japanese leaders over the next several weeks, Russia will support and supply
President Jiang Zemin's plans for Taiwan. If the Americans react, as they are
planning to do, to reinforce Taiwan's missile defences, block military
supplies for China, and erect a "national missile defence" in the US against
Chinese attack, Russia will do everything possible to back China, and try to
persuade the rest of Asia, and Europe, of the folly of the American stance.
The real significance of the debate over the American missile defence
proposal, and of Russia's effort to build international opposition to it,
is the possibility of war in the Taiwan Strait within three years.
Putin has asked every major European politician he has met recently what his
attitude is to the big bangs, and to Washington's role in igniting them. He
didn't ask Stephanopoulos or Papandreou. With them, Putin concentrated on
getting the plumbing for the oil faucet fixed.
*******
#8
Date: Fri, 07 Jul 2000
From: "edward lucas" <esl@economist.com>
Subject: weekly bulletin from Moscow
The usual reminder: this is not an article from The Economist, just
my personal speculations (to subscribe to this weekly bulletin,
e-mail edwardlucas@economist.com)
Supposing Putin declares a state of emergency? The conventional
wisdom is that full-blown authoritarian rule will never work in
Russia
(no CPSU to give an organisational or ideological skeleton, FSB too
weak and demoralised, civil society too strong, economy too
complicated, Kremlin too divided and risk-averse).
I wonder. Assume Putin and the gang continue to perform as
unimpressively as they have so far for the next few months. Regional
reform going nowhere, oligarchs still there, laws bogged down in the
Duma, oil prices headed downwards, Chechnya unpacified--by
autumn I can well imagine them casting round for a new gimmick, and
tipping over the constitution might seem the least risky option.
Under Yeltsin this seemed a lot less plausible, He was personally
committed to the constitution and there was nobody around (pace
Korzhakov)close to power who was a plausible putschist. Under Putin
it looks very different. He has no personal ties to the
constitution, and when he talks of diktatura zakona, I think he sees
it in terms of discipline (people doing what the government wants)
rather than the law as a system of checks and balances which
maintains the rights of both state and society.
So the idea of shortcircuiting the "blockages" and running the
country directly from the Security Council and the Kremlin--as the
new
soe law will allow, might seem quite tempting. Who will resist? There
are plenty of brave individuals, and thousands of NGOs, but civil
society still lacks the trade unions, political parties, and big
strong pressure groups that give it real weight in a tussle with the
state.
And the mechanisms currently used for resistance when the state
misuses power--chiefly the courts--don't look very impressive either.
So a mix of preventive detention, and confiscation of assets at
individuals (including people that most Russians hate), plus
censorship
and a blizzard of propaganda for the masses, could well work. At
least for a few months.
The really interesting question is what happens when it fails.
Although the hurrah chorus of investment bankers, consumer-goods
salesmen and diplomats will no doubt wriggle round to praising the
"badly-needed stability" that an authoritarian regime brings in the
short term, it's hard to see it actually solving any of Russia's
problems (using illegal means to instil legality in a profoundly
lawless society sounds a pretty weak argument to me).
Maybe it will all just fall apart. Or maybe the goons in the Kremlin
will decide that they need to be even tougher. Maybe with Putin, or
maybe with someone else as the figurehead.
One final thought: maybe the crooks will never let the spooks get
this far. Putin represents an accommodation between the
institutional shift towards the spooks that started two years ago,
and the Family (crooks) which wanted a safe transition to the
post-Yeltsin era. But if the crooks reckon Putin's spookish habits
are bad for business, they might try and renegotiate.
On that intriguing note, have a nice weekend
Edward
The usual reminder. If you would like to:
--stop receiving these weekly mailings
--know somebody else who would like them
--make comments about the content, or pass on leaks or other
information
Just let me know at edwardlucas@economist.com
******
#9
Moscow Times
July 8, 2000
Judging the Country's 'One Judge'
By Sarah Karush
Staff Writer
Judge Sergei Pashin has given his colleagues plenty of reason to dislike him.
So why exactly they're trying to kick him off the bench is subject to debate.
Some say it's because he's too liberal, allowing defendents to retract
confessions given under torture and letting sick ones out of jail while they
await trial. Others contend he's being punished for speaking out against the
actions of prosecutors in the Media-MOST case. He himself says it's because
he participated in a ground-breaking television show that lets convicted
criminals plead their case before a jury.
The official reason? He criticized his colleagues.
The Moscow Qualification Collegium of Judges has taken up the case against
Pashin, 37, because of a paper he wrote on the case of conscientious objector
Dmitry Neverovsky. In his analysis, Pashin asserted that the court that
convicted Neverovsky of draft-dodging and sentenced him to two years in jail
violated the Constitution and criminal-procedural laws.
"They [those who filed the complaint] maintain that such activity is
inconsistent with the status of a judge and that it diminishes the authority
of the judiciary and sullies the honor and diginity of judges," Pashin said
in a telephone interview Thursday.
Pashin and his allies maintain there is no rule that says he cannot give his
opinions as an expert.
"He signed it as a scholar and not as a judge," said Mara Polyakova,
chairwoman of the Independent Council of Legal Experts, which asked Pashin to
write the paper on Neverovsky.
Polyakova said Pashin, who in the early 1990s headed the president's
department on judicial reform, was being targeted for his views.
"He's a black sheep in the court, and they latch on to every little thing
they can criticize him for. This isn't even a little thing f only the most
ignorant person could come up with such a charge," she said.
When Pashin's department was disbanded because of opposition from the police
and prosecutors, then-President Boris Yeltsin appointed him to the Moscow
City Court. There he has earned a reputation for fairness among human rights
organizations and defense attorneys. Unlike most of his colleagues, for
instance, Pashin takes into consideration defendants' claims that signed
confessions were given under torture.
"I like to joke that in Russia there is one judge. That's Pashin," said
Rustem Maksudov, head of the Center for Legal and Judicial Reforms. "He is
implementing judicial reform in one courtroom."
But Pashin does not hesitate to comment on what takes place in other
courtrooms, such as the one in Obninsk, in the Kaluga region, where
Neverovsky was convicted.
Neverovsky was found guilty of draft-dodging after he requested alternative
civilian service, a right that is guaranteed by the Constitution but not
implemented in practice. In February, the Kaluga Regional Court overturned
the conviction but did not rule Neverovsky innocent, instead sending the case
back to prosecutors for further investigation.
During Neverovsky's appeal to the Kaluga court, his mother and attorney,
Tatyana Kotlyar, presented Pashin's analysis to the judge. Despite his own
acknowledgement that the case against Neverovsky was flimsy, the judge was
not pleased by Pashin's meddling.
"Let the qualification collegium take care of him," Kotlyar quoted him as
saying.
Last week, prosecutors charged Neverovsky a second time, Kotlyar said. The
charge is the same, but the wording of the allegations is slightly different.
"They corrected the mistakes that Pashin so kindly pointed out to them,"
Kotlyar said.
Pashin said the chairman of the Kaluga court filed the complaint immediately
after Neverovsky's appeal, but the collegium only set it into motion this
week. The collegium was scheduled to consider it Tuesday, but the hearing was
postponed at the request of Pashin, who was deliberating a case and could not
attend. It was unclear when the new hearing would take place.
Pashin said the move to oust him had been carefully timed to match the
political mood in the country.
"They were waiting for the command," he said. "Now the attack on glasnost has
begun."
Pashin said his main crime in the eyes of the judiciary was participating in
"Sud Idyot," or "The Court Is in Session," a show on NTV in which juries
consider real cases. The trials are conducted by the book and presided over
by real judges but do not have legal force. In real life, the constitutional
guarantee to a trial by jury is carried out in only nine of the country's 89
regions. Pashin presided over the show's March premiere.
Pashin said that other judges who have appeared on the show have received
informal warnings from Supreme Court judges. He, on the other hand, has
received no warning f only the qualification collegium's scrutiny.
"I'm incorrigible, so they don't even bother talking to me," he said.
Novaya Gazeta speculated in its Thursday issue that Pashin was being targeted
because he publicly criticized the actions of the General Prosecutor's Office
in relation to Media-MOST.
"I said the prosecutors acted crudely and in blatant contradiction of the
existing legislation. This was not a political opinion but a professional
one," Pashin said, but he added that he was not sure whether this played a
role in the move to oust him.
The collegium previously suspended Pashin in 1998, but the Supreme Court
reinstated him in the face of public outcry.
At that time, he was accused of violating a procedural norm that requires
judges and "people's representatives" f two lay people who hear cases along
with judges in non-jury trials f to deliberate in seclusion. The collegium
held that Pashin broke this rule when, after deliberating a case with the
people's representatives, he left town before he had finished writing up the
verdict.
"This norm is an anchronism. Everybody violates it, but they file complaints
only against those who are objectionable," said Vladimir Mironov, a former
colleague of Pashin's who testified on his behalf during his Supreme Court
appeal.
After Mironov testified for Pashin, he was also kicked off the bench. The
official reason was his health: Mironov had been on sick leave, but on the
day he was suspended he brought the collegium documents that stated he was
well again, he said in a telephone interview this week.
Now his colleagues say they will only reinstate him if he goes through the
accreditation process again, Mironov said.
A former civil judge who lacks Pashin's prominence, Mironov has not succeeded
in getting the collegium's decisions overturned.
Pashin said his own prospects are not as bright this time either. In his
view, the Supreme Court bended to public pressure in 1998 only because the
court's chairman, Vyacheslav Lebedev, was nearing the end of his 10-year
term. But last year Lebedev was reappointed and so has no reason to fear a
public scandal, Pashin said.
"My hopes lie with the European Court of Human Rights and not with these
gentlemen," he said.
*******
#10
Profil
No. 25
[translation from RIA Novosti for personal use only]
SECURITY COUNCILS
Russia's Security Council Secretary Sergei Ivanov talks to
Vladimir Kosarev and Yuri Gladkevich (Military News Agency,
special for Profile)
Military News Agency (AVN): How can you explain that right
after the information security doctrine made its appearance the
first thing that occurred to journalists was that the new dogma
was targeted at restricting press freedom?
Sergei Ivanov: Perhaps that was our omission. And although
the President at the Security Council session spoke in the
presence of newsmen quite at length about the doctrine, I
should have met the journalists too to explain that the
information security doctrine was no menace to information - to
those working in this field and to press freedom in Russia in
general.
AVN: Why didn't you meet them?
SI: I try to meet the press as often as I can, but that
does not always happen so. Sometimes, whatever you do, you just
have no time. I admit what was wanted was a detailed commentary
on the doctrine. Then there would have been no speculation and
far-fetched charges against its drafters.
AVN: What speculation and unwarranted charges do you mean?
SI: This is what the media writes: as soon as Chekists
came to power, there was immediate talk of information
security. I generally disagree with the postulate that men from
secret services have come to power. Who are they, where do you
see a profusion of them? The President, yes, is from the secret
services. Why, may he not elect and be elected? Yes, I am also
a representative of the secret services, with a record of
twenty years in intelligence. Now where else do you see a
proliferation of Chekists? There is no reason to demonize
current authorities in general and the Security Council in
particular. We are not transforming, nor can be transformed,
into a shadow cabinet or a Politburo. The Security Council has
been a consultative body and has remained one. Neither the
Security Council nor myself, its chairman, has neither clout
nor financial levers. What we have is our vision of different
problems and the right to make it known to the President. If
our suggestions are accepted, it is only then and only through
constitutional bodies that the delegatory chain of power begins
to function. We merely prepare proposals for the President on
different problems of strengthening national security and the
country's defences. But that is what the Security Council has
been set up for. We command neither prosecutors nor the
judiciary.
AVN: What, after all, is behind the adoption of the
information security doctrine precisely now? The war in
Chechnya when a general picture is drawn up by structures far
from official ones? An exacerbation of political confrontation
in the country, or something else?
SI: I officially state that the draft doctrine was
discussed in accordance with the schedule of work of Russia's
Security Council for the first half of 2000, approved by
President Boris Yeltsin as early as December 1999. The document
itself took several years to draft. In 1997, it was even aired
in parliament. There are no fatal coincidences here.
It is apparent that information technologies and
informatics are a rapidly developing and dynamic branch of the
world economy.
Its turnover is two trillion US dollars a year, making it
comparable with the oil business and auto making. And one of
the threats to Russia is that it may be frozen out of the
market of information services and relevant equipment. If this
occurs, our prospects are unenviable.
AVN: Maybe this should, after all, be construed as an
invitation to society to rein in its current thirst for freedom
of speech and press for the sake of future satiety?
SI: No, this is an offer to ensure equal rights both to
freedom of speech and press and to inviolability of private
life, to the information security of citizens and the state
alike.
AVN: The security doctrine cannot be all made up of
authorizations alone. What will be restricted?
SI: Not restricted but guaranteed legally: citizens'
constitutional right to personal and family secrets, privacy of
communications, telephone conversations, postal, telegraph and
other messages, to the protection of their honour and good name.
A situation when information wars - both local and on a large
scale - are a feature of life is intolerable.
No one - neither the President, the Security Council, nor
the government - is going to clamp down on freedom of speech.
But use of materials obtained illegally is regarded by the law
and by the doctrine as a violation of citizens' rights and
liberties and a threat to society.
Many security structures engage in the unlawful
information business by poking into the personal lives of
people. They eavesdrop and spy on others and whenever are
caught out get off with a fine 80 times the minimum wage. That
is like a pea against an elephant: a tape recorded for
eavesdropping costs more. They cough up the fine and continue
their "pursuit".
As a matter of fact, in most western countries the laws to
that effect are very strict. As soon as a paparazzi in America
crosses the border of a private property, he is thrown out. And
then faces a lawsuit for violating private property rights and
the right to personal life.
AVN: And what about the way information is obtained by
journalists and other interested persons?
SI: The doctrine has a provision on safeguarding state and
military secrets, their information ingredients. Russian laws
already now define what is a secret and what not. The Security
Council's position, reflected in the draft doctrine, is very
definite: information, even not secret, cannot be procured
illegally, in the same way as it is unlawful to keep from
society meaningful and non-secret information and to ignore
citizens' rights to have it.
The draft information security doctrine provides for a
number of measures which, when implemented, will keep Russian
secrets tight. And none of these measures, I stress, targets
freedom of speech and press in Russia.
Nor is there in nature any black list of media which may
be subjected to reprisals in the near future. And any review of
that same law on the mass media, once the information security
doctrine is approved, is out of the question
AVN: What will be the functions of government structures
designed to explain state policy and authorities' position? An
intention to set up such a structure was mentioned as early as
last winter by Vladimir Putin.
SI: I can tell you exactly that we have no plans to set up
anything like the Ministry of Truth in Russia. Nor do we have
as yet any clear recipes for the future shape of this
structure. But there is an understanding that we often miss out
in information terms.
Incidentally, Russia still has whole regions where
residents cannot exercise their right to free information
because there is no television, no timely newspapers or
magazines, etc. Chechnya is a glaring example. But there is
also Dagestan where it is easier to tune in on the Turkish
channel than on RTR or NTV. Or to get a video cassette with
Wahhbite propaganda, a film about "heroic" Islamic militants.
That is a matter of national security too. It is necessary
to explain the position of authorities, and concrete economic
and social solutions. And somebody must concern himself with
that in a purposeful and concentrated way.
*******
Return
to CDI's Home Page I Return
to CDI's Library |