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If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09MOSCOW230.
Reference ID | Created | Released | Classification | Origin |
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09MOSCOW230 | 2009-01-30 15:45 | 2011-08-30 01:44 | CONFIDENTIAL | Embassy Moscow |
VZCZCXYZ0040 OO RUEHWEB DE RUEHMO #0230/01 0301545 ZNY CCCCC ZZH O 301545Z JAN 09 FM AMEMBASSY MOSCOW TO RUEHC/SECSTATE WASHDC IMMEDIATE 1711 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUEHXD/MOSCOW POLITICAL COLLECTIVE PRIORITY
C O N F I D E N T I A L MOSCOW 000230 SIPDIS E.O. 12958: DECL: 01/30/2019 TAGS: PGOV PHUM PINR RS SUBJECT: MEDVEDEV CALLS BACK NEW LAW ON TREASON FOR RE-DRAFTING REF: 08 MOSCOW 3689 Classified By: Political Minister Counselor Alice G. Wells; reason 1.4 (d) ¶1. (C) Summary: On January 27 Russian President Dmitriy Medvedev ordered his administration to rework legislation submitted by the White House on December 12 containing amendments to the sections of the Criminal Law and Criminal Procedures Codes before the State Duma and Federation Council could take any action on it. The proposal, submitted by the State Security Service, would have expanded the definition of treason and added non-governmental organizations (NGOs) to the list of banned recipients of state secrets. Human rights activists who had criticized the legislation as overly broad, hailed Medvedev's decision. The presidential intervention helps restore Medvedev's image among a human rights community dismayed by the recent restriction on the use of juries in trials involving terrorism. End Summary. Medvedev Triumphs Over Hard-liners --------------------------------- ¶2. (SBU) Medvedev instructed his office to take a closer look at proposed amendments to the Criminal Code and the Criminal Procedure Code regarding state secrets, high treason and espionage. On January 27, Medvedev's First Deputy Chief of Staff Vladislav Surkov announced that Medvedev had "paid attention to the opinions on the issue that have been voiced in the media and society in general" and that "possibly there was a danger that the concepts of state secrets, high treason and espionage could be construed too broadly." On January 14 the daily Nezavisimaya Gazeta had already reported that the Duma's Committee on Laws would not discuss the proposed legislation submitted on December 12 by the White House for its review. ¶3. (C) Leaders of Russian human rights NGOs generally supported Medvedev's action. Some had compared the proposed legislation with edicts by Stalin and Hitler. Lev Ponomarev, head of the NGO For Human Rights, said that Medvedev's decision was "a landmark and pivotal moment" in which the president had heeded the opinion of civil society. Oleg Orlov from Memorial Center said he was pleasantly surprised by Medvedev's action, but withheld final judgment until he saw the reworked language. The Kremlin-linked Public Chamber had also criticized the proposed changes (reftel), including Medvedev booster Pavel Astakhov. ¶4. (C) Leonid Nikitinskiy, editor of Novaya Gazeta and the head of an association to support jury trials, predicted on January 19 that that Medvedev would order revisions to the espionage law. He added that despite Medvedev's signing of the law removing certain crimes from the jurisdiction of jury trials, Elena Panfilova of Transparency International had sent Medvedev a letter at the end of December recommending, inter alia., that the proposed legislation be amended to narrow the definitions of treason and espionage. Nikitinskiy maintained that Medvedev had not wanted to sign the law restricting jury trials, but that security organs had countered that the only alternative was eliminating jury trials altogether. He told us January 30 that the law was stalled because of a general recognition that it was worded too broadly. He said the definitions of espionage and treason are being made more narrow and that the references to "assisting foreign and international organizations" was being redrafted to refer only to "international organizations." Nikitinskiy thought this was a significant amendment but that he did not know the ultimate fate of the law, implying that it might simply stay bogged down at the Presidential Administration in the re-drafting phase -- a very good thing in his opinion. Comment ------- ¶5. (C) This marks only the second time that Medvedev and Putin may have been on different sides of a proposed law, given that the draft law to which Medvedev objected came from the White House. In the summer of 2008, Medvedev pulled from the Duma's review a proposed law on mass media after a similar response by civil society and influential members of the Public Chamber. However, our contacts downplay the legislative back-and-forth as any reflection on the Putin -Medvedev relationship; instead, the posit the proposed legislation as the work of hard-liners within the siloviki rather than the Office of the Premier. In the short run, Medvedev's action has helped ameliorate disappointment among the human rights community over the jury trial setback, although it remains to be seen what compromise language the President's Office will come up with. BEYRLE
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