Legal Defense Summary

The text details a defense against a criminal case initiated against the author for the alleged disclosure of state secrets.

Allegations and Proceedings

• Initiation of Case: A criminal case was initiated by Chief Military Prosecutor Demin to charge the author with disclosing information allegedly constituting a state secret and to apply a preventive measure of detention.
• Basis of Charge: The charge stemmed from the author's disclosure to the Prosecutor General's Office, the State Duma, and "Komsomolskaya Pravda" regarding the blocking of work on the line of Chechen extremism.
• Investigation Findings: A pre-investigation check revealed that the author had not disclosed any secret information.
• Conclusion on Case: The attempt to fabricate a criminal case based on falsified documents failed because the materials were obtained by a professional.

Allegations of Misdirection

The author suggests that N.D. Kovalev may have been misled regarding the author by N.P. Patrushev, who was then the head of the Internal Security Directorate of the FSB of the RF. The author posits that Patrushev was seeking grounds to remove N.D. Kovalev from his post as Director of the FSB of the RF to take his place.

Procedural Violations

The author asserts that several procedural violations occurred:

• The search conducted at the author's residence violated Art. 168 of the RSFSR Code of Criminal Procedure.
• The criminal cases were initiated in violation of Art. 108 of the RSFSR Code of Criminal Procedure.

Details of the Search Warrant

• The decree authorizing the search was issued by GVP [Chief Military Prosecutor's Office] investigator S.V. Barsukov.
• The search was related to criminal case No. 29/00/0011-00 concerning A.B. Litvinenko, in which the author is not even listed as a witness.

Defense Against Evidence Linking to A.B. Litvinenko

The author argues that they could not have possessed any items related to A.B. Litvinenko's alleged crimes for the following reasons:

1. Litvinenko's Charges: A.B. Litvinenko is reportedly charged with abuse of office during his service in the FSB of the RF in 1996-1997, a period when the author did not know him and could not have been involved in his offenses.
2. Possession of Items: The author could not have been in possession of:
   • Instruments of a crime committed by A.B. Litvinenko.
   • Objects and valuables obtained by him through criminal means.
   • Other relevant objects or documents pertaining to A.B. Litvinenko (referencing Part 1 of Art. 168 of the RSFSR Code of Criminal Procedure).
3. Location of Litvinenko: While Part 2 of Art. 168 of the RSFSR Code of Criminal Procedure allows searches to discover wanted persons, it is common knowledge that A.B. Litvinenko is in Great Britain and therefore could not have been in the author's apartment.

Disputed Purpose of the Search

The author was informed that the search's purpose was to discover data on A.B. Litvinenko's whereabouts. The author disputes this, stating:

• There is no such ground in Art. 168 of the RSFSR Code of Criminal Procedure.
• Everyone knows the whereabouts of A.B. Litvinenko.
• The head [of...] Barsukov... (The text cuts off here).

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