Emanuel Seltzer

SAVE EMANUEL ZELTSER

 

Emanuel Zeltser: Political Prisoner in Belarus

Letter to Belarus President A. Lukashenka 7/19

Emanuel's Mother Letter to Belarus President A. Lukashenka

Open letter to the Belarus Prosecutor General, G. Vasilevich 5/26

Open letter to the Belarus Prosecutor General, G. Vasilevich 4/10

Open letter to the Belarus Prosecutor General, G. Vasilevich 5/16

Letter to David J. Kramer, U.S. State Department

Michelle Duncan's Letter to Belarus Prosecutor General 3/3

Lord Goldsmith's Letter to Belarus Prosecutor General 3/19

Lord Goldsmith's Letter to KGB Chief Interrogator S. Vorobyov 3/23

Letter to Lord Goldsmith

Letter to Belarus President, A. Lukashenka 4/28

Letter to the Belarus Prosecutor General 4/14

Letter to the Belarus Prosecutor General 4/28

Letters to Berezovsky's lawyer, Michelle Duncan

Letters to Lord Bell, Lukashenka's and Berezovsky's PR

Letters to/from Belarus Embassy in the USA

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American Russian Law Institute
A not-for-profit tax exempt public policy research and advisory organization

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Emanuel Zeltser: Political Prisoner in Belarus

Emanuel Zeltser, a US citizen and lawyer, was arrested on March 12, 2008, and has since been held in KGB prison in Minsk. In accordance with the Council of Europe Laws of 2001, Mr. Zeltser qualifies as a political prisoner in several ways:

1.       Mr. Zeltser has suffered disproportionately discriminatory treatment.[1]  Despite Mr. Zeltser’s grave health (Type 2 diabetes, severe arthritis, heart condition, etc.), Belarusian authorities have repeatedly refused an adequate  medical care, placed him in a psychiatric hospital for two weeks,[2] and did not provide his prescribed medicines for over six months.  U.S. Embassy Charge d’Affaires Jonathan Moore stated on August 6, that the U.S. government continues to be “deeply concerned” about Mr. Zeltser’s health. Mr. Zeltser was beaten and tortured multiple times. This was stated in the US consular and the State Department diplomatic records. Amnesty International appealed to Belarusian authorities “to ensure that Emanuel Zeltser is protected from further torture and other ill-treatment, and given regular access to US consular representatives, lawyers of his choice and any medical attention he may require.” Placement in a psychiatry facility, known for the tortures of political prisoners in the former Soviet Union, by the Belarus authorities evidenced Mr. Zeltser’s political prisoner’s status. 

2.       Mr. Zeltser faced manifestly unfair criminal proceedings that signal a desire on the part of the Government of Belarus to detain him for political reasons.[3]  On August 11, Mr. Zeltser was convicted, in a closed secret trial, for attempted commercial espionage and for knowingly using false official documents.  The general public, media, diplomats and even the family members were prohibited from attending the trial. In the statement of August 11, the U.S. Embassy noted, “As the Embassy was denied the opportunity to observe the trial, we had no way to ensure that it conformed to international legal standards.”  The appeal proceedings that were originally scheduled for September 26, were canceled for political reasons, apparently, for fear of jeopardizing the opinion of the election observers. The appeals are now scheduled for October 31 and will again be held under closed doors. Amnesty International again protested the closed proceedings.  On September 24th , Amnesty issued a statement that it “is concerned that US embassy officials were not granted access to any court hearings, and Emanuel Zeltser’s lawyer was obliged to sign a non-disclosure clause.”

3.       Mr. Zeltser has been detained for political reasons unconnected to any offense.[4]  According to Ihar Rynkevich, a Belarusian legal expert and deputy chairman of the Belarusian Social Democratic Party Hramada, Mr. Zeltser’s arrest was authorized by the “highest ranks” of the Belarusian Government, and “these, not the prosecutor’s office or the court, will decide what judgment should be pronounced.”

Other indications of political prisoner’s status:

Unusually harsh and cruel prison condition.

Constant refusal to provide Mr. Zeltser with the vital prescribed medications, refusal to allow him a ventilator during the hot weather conditions and other mistreatments, have been in blatant violations of the Belarus and international laws. As recently as on October 24, 2008, the prison guards took away Mr. Zeltser’s mattress as punishment for his refusal to sign a document as demanded by the prison personnel.

Prisoner’s state of health.

Despite Mr. Zeltser’s critical health conditions stated in multiple communications to the Belarus authorities by Dr. L. Paukman, Dr. P. Shaker, Dr. M. Bley and Dr. A. Benchabbat, the Belarusian authorities refused to provide Mr. Zeltser with the vital medications, even though delivered to him in the KGB jail. As Dr. Paukman, Mr. Zeltser’s physician for 20 years warned, the absence of such medications may lead to the rejection of Mr. Zeltser’s internal organs and such a process has been underway. Dr. Benchabbat, an independent physician, who examined Mr. Zeltser in the KGB prison, stated in his medical report dated July 26, that Mr. Zeltser has been in critical condition and may not survive his detention. Dr. Benchabbat’s report was marked “secret” and his recommendations were never implemented. Furthermore, Mr. Zeltser’s conditions after Dr. Benshabbat’s visit have significantly worsened; he was given certain unmarked and unlabeled medications that caused debilitating pain and blurred vision. After Mr. Zeltser protested, the prison personnel advised him that “this was your doctor Benchabbat’s order”. Dr. Benchabbat formally objected to this blatant violation of international norms in his letters to President Lukashenko and the US State Department (copies herewith included). The US State Department’s numerous demands to release Mr. Zeltser on humanitarian grounds were rejected by the Belarus authorities. Both OSCE-PA and the Helsinki Commission appealed to the Belarus authorities to immediately release Mr. Zeltser.  

All the above is a clear evidence that Emanuel Zeltser, a U.S. citizen, has been a political prisoner of the Government of Belarus. We appeal to the U.S. and world governments and well as European Union, OSCE and other world organizations not to consider removing additional sanctions against Belarusian interests unless and until Mr. Zeltser is released.  No further lessening of U.S. and European sanctions must occur, no IMF credit to Belarus considered unless Emanuel Zeltser is released from prison.

Sincerely,

O.  Adler

Board Member


 

[1] Disproportionately discriminatory treatment is one of the means by which a detainee can be considered a “political prisoner,” under the definition and criteria adopted by the Council of Europe on July 16, 2001.  The Council of Europe was the first inter-governmental body with a focus on human rights to codify and adopt a definition of “political prisoner.”  The definition was developed by Professor Stefan Trechsel of the University of Zurich, former President of the European Commission of Human Rights, Professor Evert Alkema of the University of Leiden, former member of the European Commission of Human Rights, and Mr. Alexander Arabadjiev, former member of the European Commission of Human Rights.

[2] Mandating psychiatric treatment for political prisoners is a well-known tactic undertaken by authoritarian regimes such as the Government of Belarus.  Professor George Alexander described the reasons for doing so:  “…while a political prisoner may aid his cause by being a martyr; a mental patient and his cause are discredited by his perceived lunacy.”  George J. Alexander, International Human Rights Protection against Psychiatric Political Abuses, 37 Santa Clara L. Rev. 387, 391 (1997).

[3] Manifestly unfair criminal trial proceedings that appear to be driven by political motives is another criterion by which a detainee may qualify as a “political prisoner” under the Council of Europe’s definition.

[4] Detention for purely political reasons is another way to qualify under the Trechsel/Alkema/Arabadjiev definition of “political prisoner.”

 

 

 

TO:                 President of Belarus

Mr. A. Lukashenka

FROM:           Mark Zeltser

                        Brother of Emanuel Zeltser, detained in the Belarus KGB jail

July 19, 2008 

Dear Mr. President, 

On June 26, 2008, in accordance with the formal diplomatic agreement between the US State Department and the Belarus Ministry of Foreign Affairs, the independent doctor examined my brother Emanuel Zeltser in the Minsk KGB jail. During the examination of Emanuel in which a Belarus physician and KGB representatives were present, the independent doctor found that “he may not survive his detention”. The medical report concludes: “Upon the results of examination of the current condition of the patient, I can definitely conclude that the patient’s health is in a very poor state, his medical condition is rapidly deteriorating and, having taken into consideration the current medical treatment which is clearly rudimentary and insufficient for these serious illnesses, Emanuel Zeltser may not survive his detention if his treatment is not resumed and all his medications that he was taking prior to his arrest as prescribed by his physician are restarted.”

The medical report (enclosed), that both the US and Belarus agreed upon, fully confirm the previous findings by the US State Department, Amnesty International, New York BAR Association, the Helsinki Commission and Emanuel’s physicians in New York, that Emanuel’s condition is critical and he has been deprived from his prescribed life-sustaining medications since his arrest on March 12. Despite the fact that Republic of Belarus agreed to the independent doctor examination and the official medical report clearly states that my brother is dying, the Belarus authorities have totally ignored the report: Emanuel’s jail conditions remain unchanged, he is still deprived from his medications and all the appeals of the US State Department for Emanuel’s release on humanitarian grounds have been rejected.

There is irrefutable evidence that Emanuel’s arrest in Belarus was orchestrated by Boris Berezovsky, an international notorious mobster who has been wanted on criminal charges in Russia and other countries.   Berezovsky who falsely claims 50% of the estate of the late Badri Patarkatsishvili cannot afford that Emanuel, Mr. Patarkatsishvili’s lawyer for 14 years, emerges alive from Belarus.  Emanuel's arrest in Minsk was premeditated. It is, in fact, documented in a letter (enclosed) submitted by Michele Duncan, Berezovsky’s lawyer, issued to prosecutor general Vasilevich on March 3, 2008 in anticipation of Berezovsky coercing Zeltser to travel to Belarus. And, on March 12, 2008 Berezovsky did just that. He flew Zeltser and his secretary, Vladlena Funk, on his private plane to Minsk, where he knew with absolute certainty they would be arrested and incarcerated. With his usual cynicism, Berezovsky claims: “I provided my plane to Emanuel but warned him not to fly to Belarus known for its lawlessness”, thus, further damaging Belarus’s image in the world.  

Since Emanuel’s arrest, Sergei Vorobyov and other members of the investigation team have numerously met with Berezovsky in London that is documented in Berezovsky’s interviews (enclosed). It is significant that after each such meeting, new charges against Emanuel were filed. Upon information and belief, Berezovsky was in direct communication with the former Belarus State Secretary V. Sheiman regarding Emanuel’s case.

The multiple charges against Emanuel are unfounded. Emanuel had no documents with him, and the 2 court decisions in Georgia, which Belarus must recognize due to the treaty obligations, appoint Joseph Kay legitimate executor of Mr. Patarkatsishvili estate, thus confirming the authenticity of the documents. The 2 charges of smuggling and possession of narcotics relate to the prescription medications Emanuel bought in a US pharmacy and has been using for over 15 years due to his illnesses. Since March the US physicians wrote many letters (enclosed) to the Belarus authorities confirming that and asking that the medications be released to Emanuel immediately, otherwise, he may not survive. His doctor also mentions that he never told Emanuel that the medications may contain codeine or narcotics. Despite the requests and the latest independent doctor’s report, Emanuel is still deprived from his medication clearly placing his life in danger. Accusing a gravely ill person of  “smuggling” his own medications is unprecedented anywhere in the world.   The latest charge of “industrial espionage” that came after 3 1/2 months(!) after Emanuel’s detention is completely baseless and invented, and only shows the groundlessness of the previous charges.

As reflected in the US State Department report, in a gross abuse of prisoner’s rights, Emanuel was beaten on March 13 and 14 and forced by 2 KGB officers to make telephone calls, unrelated to his detention, to coerce Joseph Kay to come to Minsk for “good business opportunities”. Transcripts of the calls are enclosed; the recordings of the calls are available upon request. Recently, a member of the investigation told Emanuel that his fate depends upon the actions of the US government regarding the recent US sanctions against Belarus, or a possible exchange of Emanuel with a person detained in the USA. This is clear evidence that Emanuel has been kept hostage and used as a bargaining tool. It is a blatant violation of the international law.   

If Emanuel is convicted and imprisoned (in the opinion of the world experts, the decision has been already issued before the actual trial on July 30 - closed to the public, media, diplomats and even Emanuel's family), we will have no choice as bringing his case to the European Court and other relevant jurisdictions. If Emanuel dies while in Belarusian custody (as warned by the physicians), the murder charges will be brought to all responsible for this egregious act. Legislation has been introduced to the US Congress that may effectively strip the Belarus government officials from the immunity.   

Dear Mr. President, Emanuel has done no damage to Belarus and is not a threat to your country. The threat comes from B. Berezovsky and his entourages who, due to their greedy machinations, damage the reputation of Belarus and use Belarus as dumping grounds for their criminal actions.

Dear Mr. President, I appeal to you as Emanuel’s brother and also on behalf of our 92 year old mother to do everything possible to save his life, allow him to take his prescribed medications and release him on humanitarian grounds, so he could start an immediate emergency medical treatment  home while it is still may be possible.  

Sincerely,

Mark Zeltser

 

 

Bertha Zeltser

Mother of Emanuel Zeltser detained in Belarus

  

                                                                                    June 13, 2008 

Mr. A. Lukashenka

President of Belarus 

EXTREMELY URGENT! 

Dear Mr. President:

I am the mother of Emanuel Zeltser. My son is dying in KGB jail in Minsk. For the past 3 months he has been denied medications critical to his survival, despite numerous letters sent by his U.S doctors to the Office of the Belarus President, Prosecutor General and the prosecution, warning that my son may die without access to his prescribed medications. 

I am 92 and do not have a long time to live. I do not wish to outlive my son. I know you’re a father and I appeal to your humanity and good will to stop the murder and save the life of my son. 

I beg you not to deny this Mother’s request. God bless you. 

Sincerely,

Bertha Zeltser

Телефон 1-212-580-4065, факс 1-212-496-9100, email: mzmus@aol.com

 

13 июня 2008 г.

 

Президенту Беларуси

Господину А. Лукашенка

 

От Берты Зельцер,

матери Емануила Зельцера, арестованного в Минске

  ЧРЕЗВЫЧАЙНО СРОЧНО! 

Уважаемый Господин Президент, 

Я мать Эмануила Зельцера, который находится при смерти в тюрьме КГБ. В течение более 3 месяцев ему отказывают в жизненно необходимых лекарствах несмотря на то, что несколько лечащих его врачей предупреждали администрацию Президента, Генерального Прокурора и следствие о возможности смертельного исхода в случае изъятия медикаментов.  

Мне 92 года, мне осталось недолго жить и я не хочу пережить моего сына. Я знаю, что у Вас есть дети и я взываю к Вашей гуманности и доброй воле, Господин Президент, не допустить убийства моего сына и спасти его жизнь.

Умоляю Вас не отказать в просьбе матери. Бог Вас вознаградит.

С уважением,

Берта Зельцер

Телефон 1-212-580-4065, факс 1-212-496-9100, email: mzmus@aol.com

 

 

 

Mark Zeltser

21 West 86 Street, Apt. 604

New York, NY 10024, USA

Tel. 1-212-580-4065; Fax 1-212-496-9100, email: mzmus@aol.com

April 10, 2008

Mr. Grigory Vasilevich

Prosecutor General

24 Intenationalnaya St.

Minsk 220050

Belarus

RE: Emanuel Zeltser

Dear Mr. Vasilevich,

On March 12, 2008, my brother Emanuel Zeltser was arrested by KGB in Minsk. He has since been kept in jail. He has been denied the medications vital to his health, even though the Belarus authorities and the Embassy of Belarus in the USA have received a letter from his New York doctor who clearly stated that Emanuel is a very sick man, described in detail his medical conditions and warned that he may not survive without the necessary medical treatment. The medications were delivered and shown to Emanuel by the jail personnel and then immediately taken away from him.

I enclose a letter from Emanuel’s New York physician for many years, Dr. L. Paukman, addressed to you that states Emanuel’s medical condition and specifically warns of “a real danger of the irreversible multiple internal organ damage, the process that may already be happening”. Latest reports by Emanuel’s lawyer indicate that Emanuel’s health condition has rapidly deteriorated and he may not survive.

Dear Mr. Vasilevich, Emanuel is dying in your jail. I appeal to you, Mr. Prosecutor, to do everything to save my brother, Emanuel.

Sincerely,

Mark Zeltser

Encl.

CC: Lord Bell

 

Mark Zeltser

21 West 86 Street, Apt. 604

New York, NY 10024, USA

Tel. 1-212-580-4065; Fax 1-212-496-9100, email: mzmus@aol.com

10 апреля 2008 г.

Господину Василевичу

Генеральному Прокурору

24 Интернациональная ул.

Минск 220050

Беларусь

 Тема: Емануил Зелцер

Уважаемый Господин Василевич,

12 марта 2008 г. мой брат, Эмануил Зелцер, был арестован КГБ в Минске. С тех пор он содержится в тюрьме. Ему отказано в приеме лекарств, жизненно необходимых для его здоровья несмотря на тот факт, что Беларусские власти и посольство Беларуссии в США получили письмо от его доктора в Нью Йорке, которое четко заявляет, что Эмануил очень больной человек, детально описывает его состояние здоровья и предупреждает, что он не выживет без необходимой медицинской помощи. Лекарства были доставлены и показаны Емануилу тюремным персоналом, и затем были немедленно забраны от него.

Я прилагаю письмо от лечащего врача Емануила в Нью Йорке, который осуществляет медицинское лечение Емауила на протяжении многих лет, адресованное Вам, которое подтверждает медицинское состояние Емануила и специфически предупреждает о «реальной угрозе необратимых многочисленных повреждений внутренних органов в процессе, который, возможно, уже происходит.»   Последние сообщения адвоката Емануила указывают, что состояние Емануила значительно ухудшилось, и он может не выжить.

Уважаемый господин Василевич, Емануил умирает в Вашей тюрьме. Я взываю к Вашей помощи, Господин Генеральный Прокурор, сделать все возможное, чтобы спасти моего брата Эмануила.

С уважением,

Марк Зелцер

(Приложения)

Копия: Лорду Беллу

American Russian Law Institute
A not-for-profit tax exempt public policy research and advisory organization

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Fax Transmission

May 26, 2008

Dear Prosecutor General:

On May 18, 2008, Sergey Vorobiev, a KGB chief investigator, traveled to London where he contacted Lord Peter Goldsmith, partner in the law firm of Debevoise & Plimpton (copy of the letter attached). Mr. Vorobiev writes: “I can assure you that there is no basis whatsoever to the allegations of mistreatment brought forward by the brother of Emanuel Zeltser. Despite the fact that no proof, other than the claims made by Mark Zeltser, was ever provided by anybody to support these allegations, they were spread by different official and unofficial sources“. 

According to the report of the U.S. Department of State, on May 13, 2008, a day after his arrest, Emanuel Zeltser was severely beaten by Belarus KGB officers, including numerous blows to the head, in order to coerce him to make a series of phone calls to Joseph Kay for the purpose of luring Kay to Minsk. The calls were made from Zeltser’s cell phone to Kay’s cell phone (the caller ID was supposed to show Kay that the calls were coming from Zeltser) which is confirmed by invoices (copies thereof are available upon request). The tapes of recorded phone calls are attached to this letter (importantly, these phone calls were the only means of communication that Emanuel has been allowed during his incarceration – all communications with his family, U.S. diplomats, etc. have been prohibited). The purpose and contents of said phone calls, which Emanuel was forced to make under torture, prove the following: 

1. Belarus KGB was trying to use these phone calls, made by Emanuel under duress and torture, to lure Kay to bring documents to Minsk (“within an hour”, see tape 1, and “bring the papers” – see tape 1), in violation of domestic and international law, in order to isolate Kay, along with Emanuel, and deny him an opportunity to present legal documents related to Badri Patarkatsishvili’s will to the courts of competent jurisdiction of the countries where assets of the late Patarkatsishvili are located; and  

2. Boris Berezovsky’s name is mentioned numerous times in these recorded phone calls made by Emanuel Zeltser under duress and torture. These calls confirm that certain members of Belarus KGB have conspired with Berezovsky, who is known to have sent Emanuel to Minsk on board of his plane and have arranged for him to be arrested by KGB operatives there. 

The evidence of the use of torture and coercion by KGB officers toward Emanuel is overwhelming. Listen carefully to the tapes of these recorded conversations and ask yourself: is this Belarus KGB or gestapo in action? Is it possible that chief investigator Vorobiev’s statement (“We categorically deny any baseless accusations about mistreatment of Emanuel Zeltser”) is an attempt to conceal evidence of crimes committed against Emanuel; crimes of which Vorobiev had a direct knowledge of and possibly even participated in? 

It is obvious that the so-called “forged documents” which became the basis of charges brought against Emanuel, pursuant to Article 380, paragraph 2, of Belarus Criminal Code, do not exist. Had they existed, there would have been no need for March 13 phone calls to Joseph Kay. We hope that the tapes of the recorded phone calls of March 13 will be presented during trial if the latter ever takes place. 

Additionally, on May 14, 2008, a Georgian probate court ruled that Joseph Kay is the legitimate executor of the estate of Badri Patarkatsishvili. The significance of the decision of the Georgian court is that it confirms the authenticity of the documents which have been claimed “forged” by Belarus prosecution, Berezovsky, Gudavadze, and Goldsmith. It is of significant importance that the court of the appropriate jurisdiction, i.e. the competent court of the country where the majority of assets of Badri Patarkatsishvili are located, has confirmed the authenticity of the documents on the basis of which Emanuel Zeltser and Vladlena Funk were arrested in Belarus on March 12, 2008 and charged with “use of forged documents, committed repeatedly or by a group of people acting in concert”. The fact that Emanuel and Vladlena had no said documents in their possession and that the Georgian court authenticated the documents on May 14 confirms that the “classified” case against Emanuel and Vladlena is baseless and was fabricated by Berezovsky, Gudavadze and their lawyers Duncan and Goldsmith (see Duncan’s letter to Belarus Prosecutor General dated March 3, 2008, and Goldsmith’s letters to Belarus Prosecutor General dated March 19, 2008, and March 23, 2008). It was fabricated by said individuals in order to isolate Emanuel (successfully) and Joseph Kay (unsuccessfully) and unlawfully seize the multi-billion dollar fortune of Badri Patarkatsishvili. The fact of the continued detention of Emanuel and Vladlena and the extension of the pre-trial deadline, with no set trial date, confirms that both Emanuel and Vladlena have been taken hostage and remain hostages of Belarus KGB. 

Based on the above, chief investigator Vorobiev had no legal reason for his London trip: in fact, the affidavits of Duncan, Motkin and other related parties are part of the court transcript in New York and are available to the public via Internet and otherwise. The fact that neither Emanuel nor Vladlena had any documents in their possession is confirmed by both the decision of the Georgian court of May 14, 2008, and the tapes of the recorded conversations of March 13, 2008. Emanuel and Vladlena could not have possibly had such documents on them as the latter were in the court in Georgia. Even if they had had any documents related to the assets of Badri Patarkatsishvili in their possession, conventional wisdom suggests that chief investigator Vorobiev would have sent those to Georgia – otherwise, the Georgian court could not have made its decision based on such documents. So what is the real purpose of Vorobiev’s trip to London? The answer is obvious: he went there to report on the “progress” in the case to Berezovsky and Gudavadze and to get additional remuneration for further extending the pre-trial deadline and detention of Emanuel and Vladlena for another 2 months.  

Moreover, as Mark Zeltser wrote in his letter to you dated May 21, 2008, he had offered to meet with Vorobiev in London in order to give him important information and testimony in the case. However, his request was ignored by Vorobiev. How does one explain that a chief investigator denies an opportunity to depose a witness who has crucial information about the case? The only plausible explanation is that Vorobiev is not seeking any real evidence in the case as he is on Berezovsky’ and Gudavadze’s payroll, working to continue the unlawful incarceration of Emanuel and Vladlena.  

Dear Prosecutor General, contrary to the false statements of investigator Vorobiev, the state of health of Emanuel Zeltser has severely deteriorated as a result of torture, continued denial of medications critical to his health, and his placement in a psychiatric hospital, and has become life-threatening, as confirmed in statements of the U.S. Department of State (which has requested his release on humanitarian grounds), Amnesty International, the U.S. Helsinki Commission, representatives of U.S. Congress, Senate, and the European Union, and numerous non-governmental organizations and the media. We are appealing to you again to stop the torture of Emanuel Zeltser, give him access to necessary medical help, punish all those responsible for the gross violation of Belarus law with regard to Emanuel, namely Articles 393, 394, 395, and 397 of Belarus Criminal Code. We request that Belarus follows international law which provides for regular consular access to Emanuel Zeltser and Emanuel’s right to a speedy and fair trial.  

Sincerely, 

Mark Zeltser                                                    Oxana Adler

Brother of Emanuel Zeltser                               Board member of American-Russian Law Institute

 

CC:      US State Department                          Amnesty International

            European Union                                  Helsinki Commission

            US Congress                                       UN Commission on Human Rights

 

 

Date:               May 16, 2008

To:                  Mr. G. Vasilevich, Prosecutor General of Belarus

From:             Mark Zeltser, brother of Emanuel Zeltser, arrested in Belarus  

Dear Prosecutor General,

Since Emanuel’s arrest in Belarus on March 12, 2008, for more than 2 months Emanuel Zeltser’s family was unable to obtain any information regarding his case. Emanuel’s attorney, Mr. D. Goryachko never gave us any information referring to the case being marked as “Top State Secret”, that, in accordance with the Belarus laws would not permit any access to the investigation and legal aspects of the case.

As you may know, there currently is a lawsuit underway in the United State District Court, Southern District of New York, initiated by Inna Gudavadze v. Emanuel Zeltser on April 4, 2008 (Docket Number 08-Civ-3363 RJS). During the course of the lawsuit, the evidence in the form of notarized affidavits and letters by Michelle Duncan of Cadwalader Wickersham & Taft LLP and Peter Goldsmith of Debevoise & Plimpton LLP irrefutably and undeniably demonstrated that Ms. Duncan and Mr. Goldsmith have been, since at least March 3, 2008, in constant contact with the Belarus Prosecutor General G. Vasilevich and KGB investigator, Sergei Vorobyov and regularly received detailed information about Emanuel Zeltser’s interrogation, gained “evidence” and other pertinent legal information prohibited under the Belarusian law. The court documents evidence numerous communications including electronic contacts between Ms. Duncan and Mr. Goldsmith and the Belarus Prosecutor General, G. Vasilevich and KGB investigator, Sergei Vorobyov including Ms. Duncan’s at least 2 personal visits with you, Mr. Prosecutor General, and members of your office in Minsk on March 15 and March 20-21, 2008, as well as other communications. As Ms. Duncan and Mr. Goldsmith state in the documents, the reason for these communications and visits were “gathering evidence” during Emanuel’s interrogation. As indicated in the statements by the US State Department, the US Embassy in Belarus, Amnesty International, New York BAR Association, the Helsinki Commission and other important organizations, there is evidence that such interrogations included torture.

In addition, both Duncan’s and Goldsmith’s court documents confirm communications with the Prosecutor General and investigator Vorobyov in connection with the assets of the late Badri Patarkatsishvili. The documents submitted to the court in New York clearly mention Mr. Patarkatsishvili’s assets in “New York, Florida, England, and the country of Georgia”.  (I will provide you with such documents upon your request. Or, you can easily obtain them, as this is a public information). There is no mention about any assets of Badri Patarkatsishvili in Belarus, because there is none. So, why is Emanuel tortured and dying in your jail over non-existing issues? Why Ms. Gudavadze and her lawyers Duncan and Goldsmith presented all the documents in the lawsuit that started on April 4, but you need additional time for Emanuel’s interrogation? Is 2 months not enough? Are those who “ordered” his arrest need more time to continue Emanuel isolation and tortures? Or are they annoyed by the fact that he is still alive?

As indicated in the documents submitted to the court, Ms. Gudavadze and her lawyers, Duncan and Goldsmith indisputably demonstrated that they have been engaged in collusion with Belarus Prosecutor General G. Vasilevich and KGB interrogator S. Vorobyov for the purpose of gaining evidence obtained during interrogation sessions by the KGB through whatever means. Goldsmith and Duncan used Republic of Belarus as a torture ground to “gain evidence" they did not have. At the same time Emanuel’s family has been denied any information on the grounds of “Top State Secret”. How much are they paying for this “service”? Or is it also “Top State Secret?”

As I already wrote to you on numerous occasions, as well from the information in the press and international organizations, in order to extract the “evidence” from Emanuel and fully comply with the “order”, my brother, for over 2 months now, has been placed under the most inhumane and degrading conditions, has been denied medicines vitally important to his health even though you received many letters from Emanuel’s physician warning that he may not survive without proper medical care, and all necessary medications were delivered to Minsk. Emanuel was involuntarily placed in the psychiatric hospital (a great reminder of the most shameful period of the Soviet Union), suffered tortures and other mistreatments in the blatant violation of the Belarus and international laws. Emanuel’s condition is now critical and he is near death.

As it seems obvious, that the obtained “evidence” may still not satisfy those who orchestrated Emanuel’s arrest in Belarus, Emanuel’s detention has been recently extended with no court date in site.

Mr. Prosecutor General, I know no civilized country on Earth that is used as torture location by foreign clients. I again appeal to you to immediately stop the torture of my brother, provide necessary medical care to him and comply with the applicable international laws regarding his detention including his right to speedy and fair trial. If this is not done, I reserve the rights to use all legal options to bring to justice those responsible for his tortures and degrading condition. If my brother dies in your jail, there will be murder charges against all those responsible for his death whether in Belarus or elsewhere.

Sincerely,

Mark Zeltser

Copy: New York Court

 

 

EXTREMELY URGENT!

April 10, 2008

 

TO:      Mr. Grigory Vasilevich, Prosecutor General, Belarus

 

 RE: EMANUEL ZELTSER

 

Dear Sir:

Emanuel Zeltser has been my patient for many years, and I am very concerned about his health. Mr. Zeltser suffers from diabetes, diabetic polyneuropathy, lumbosacral radiculopathy, gouty arthritis and other serious medical problems.

I have advised the Belarus authorities, the US Embassy in Minsk, the Belarus Embassy in Washington and the US State Department of the necessary medical care and medications that are of vital importance to Mr. Zeltser. The reports from the State Department and the US Embassy in Minsk are frightening: Mr. Zeltser has been denied the medications (even though delivered to him from the USA) since his detention on March 12. Due to the lack of medications Mr. Zeltser must suffer excruciating debilitating pain. In addition, there is a real danger of the irreversible multiple internal organ damage, the process that may already be happening. 

 

Please do everything possible save this very sick man. I don't believe he can survive Belarus detention.

Thank you very much.
 

Sincerely yours,

Lev J. Paukman, MD              917 859 3153 Cell

ЧРЕЗВЫЧАЙНО СРОЧНО

Господину Г. Василевичу, Генеральному Прокурору, Беларусь

Уважаемый господин Генеральный Прокурор,

Емануил Зелцер является моим пациентом в течении многих лет, и я очень озабочен состоянием его здоровья. Господин Зелцер страдает diabetes, diabetic polyneuropathy, lumbosacral radiculopathy, gouty arthritis и многоми другими серьезными медицинскими проблемами.  

Я уведомил Беларусские органы власти, Посольство США в Минске, Посольство Беларуси в Вашингтоне и Госдепартамент США о том, что медицинская помощь и лекарства являются жизненно важной необходимостью для Зелцера. Последние сообщения из Беларуси пугают: господину Зелцеру в течении месяца отказывают в лекарствах несмотря на тот факт, что препараты доставлены ему из США. Из-за отказа в медикаментах господин Зелцер должен страдать от мучительных, нечеловеческих болей. В дополнении, существует  реальная угрозе необратимых многочисленных повреждений внутренних органов; процесс, который, возможно, уже происходит.

Прошу Вас сделать все возможное чтобы спасти этого чрезвычайно больного человека. Я уверен, что он не выживет тюремного заключения. 

Благодарю, 

С уважением, 

Лев Паукман, доктор медицины

917-859-3153 Сотовый  

    *       *       *

Oxana Adler, LL.M

Board Member,

American Russian Law Institute

Tel. (917) 692-6709

lawinstitute@mail.ru

http://www.russianlaw.org 

                                                                                                                        April 6, 2008

David J. Kramer
Assistant Secretary, 

Bureau of Democracy, Human Rights and Labor

U.S. State Department                                      

 RE:     PROMINENT NEW YORK ANTI-CORRUPTION LAWYER EMANUEL ZELTSER IN BELARUS KGB JAIL

Dear Mr. Kramer:

I refer to the above referenced matter of unlawful detention of a prominent New York lawyer and human rights activist Emanuel Zeltser by KGB operatives in Minsk, Belarus. 

On March 12, 2008, Emanuel Zeltser, an American national, was arrested by the Belarusian KGB at the airport in Minsk immediately upon exiting his flight from London. He has since been kept in an unidentified KGB detention facility, his “case” labeled “top secret” or “classified”. No formal charges were brought against him in the beginning and then on March 21 he was charged with “use of forged documents”. 

According to Mr. Zeltser’s lawyer, Mr. Zeltser has been beaten in jail, including severe and direct blows to the head. He has been interrogated by the KGB Special Interrogations Unit infamous for its brutal torture of detainees. Mr. Zeltser has also been denied medicine critical to his health despite a detailed medical report from Mr. Zeltser’s physician delivered to the Belarusian authorities stating that Mr. Zeltser may not survive without the required  medications. In fact, the required medications were delivered to Minsk, pursuant to said doctor’s report. According to Mr. Zeltser’s lawyer, Mr. Zeltser was shown the medications but denied access to them. Mr. Zeltser suffers from a severe form of arthritis, among other serious conditions such as diabetes, heart disease and stomach ulcer, and is in constant excruciating pain, without said medications. It appears that the KGB operatives that are “handling” his case use the medications, or rather the lack thereof, as leverage against Mr. Zeltser to coerce him to confess to crimes alleged against him.  

The fact of Mr. Zeltser’s arrest was confirmed by the US Embassy in Minsk on March 15. Four official protests requesting access to Mr. Zeltser were filed by the U.S. Embassy in Minsk and the U.S. State Department, pursuant to Articles 5 and 36 of the Vienna Convention, but were denied by the Belarusian government. Mr. Zeltser went on a 7 day hunger strike demanding a meeting with a U.S. consul. It took over two weeks for the Ministry of Foreign Affairs of Belarus to finally allow a U.S. consul to see Mr. Zeltser. Such visit was held in a controlled environment, i.e. in the presence of a KGB officer. Due to the strained relationship between the U.S. and Belarus, it remains unclear whether another visit of Mr. Zeltser by a U.S. consul will be granted.  

It has been reported in press that a fugitive from international justice and a self exiled Russian oligarch Boris Berezovsky was behind Mr. Zeltser’s arrest. According to such reports, Berezovsky arranged for Mr. Zeltser to fly to Minsk on his private jet knowing well that Mr. Zeltser would be immediately arrested in Minsk upon his arrival. Berezovsky’s lawyer had sent a bogus report to the Belarus officials claiming that Mr. Zeltser had some forged documents in his possession and was trying to seize assets of one of his late clients using such documents. However, it was confirmed by the Belarus authorities that Mr. Zeltser had no documents in his possession upon his arrival in Minsk, only his laptop. He was arrested immediately after leaving the plane and it was his first visit to Belarus.  

Berezovsky has been a long time foe of Mr. Zeltser. His dislike of Mr. Zeltser goes back to the now defunct Russian bank Inkombank which was called a “criminal enterprise run by criminals” by a U.S. judge and was closed down by the Russian authorities in 1996. Boris Berezovsky was Inkombank’s major shareholder. Emanuel Zeltser was a lawyer representing depositors defrauded by Inkombank. A recognized authority on Russian organized crime, Mr. Zeltser frequently appeared as expert on CNN, Fox News and other major media, exposing the most notorious members of the Russian mob. In 1999, at the invitation of the House Committee on Banking and Financial Services, Mr. Zeltser testified before the US Congress on the Russian organized crime and money laundering. 

Their paths crossed again on February 12, 2008, when one of Mr. Zeltser’s clients passed away and the fight over the estate of the deceased ensued. Mr. Berezovsky claimed that he owned a 50% stake in the estate but failed to provide any documentary proof thereof. He claimed that the will of the deceased which named other people as beneficiaries and executors of the estate was “forged”, and the lawyer safeguarding the will, i.e. Mr. Zeltser, was a “crook”. He entrapped Mr. Zeltser, sent him to Minsk on his plane and got him locked up in a high security KGB prison in Minsk. Mr. Lukashenko and Mr. Berezovsky are well-known friends. Berezovsky visits Belarus frequently. The day after Mr. Zeltser was arrested, Lord Timothy Bell, a powerful UK PR mogul and a confidante of Berezovsky, visited Belarus and announced that his company will represent Belarus and its President in order to boost the image of Belarus in the West. 

It is our concern that Mr. Zeltser will never leave Belarus prison alive. It is a well-known fact that there is no due process of law in Belarus. It is called the last dictatorship in Europe for a reason. Mr. Zeltser has been tortured and abused in jail and will not survive harsh conditions of his detention without proper medications. According to his lawyer, he has been taken away by ambulance numerous times. Therefore, we are appealing to you to facilitate Mr. Zeltser’s release from prison in Belarus. We believe that Mr. Zeltser is entitled to a due process. 

Mr. Zeltser’s unlawful imprisonment has been covered widely in the media, including The New York Times, International Herald Tribune, Forbes Magazine, Associated Press, U.S. News MSNBC Wire Services.  A demonstration to protest his detention was held at the Belarus Consulate in New York City on April 2. A press conference entitled “US Lawyer Held Hostage by Belarus KGB” will take place at the National Press Club in Washington, D.C. on April 7. 

For more information on Emanuel Zeltser’s illegal detention please visit: http://www.saveemanuelzeltser.com  or contact Emanuel Zeltser’s brother Mark Zeltser at (212) 580-4065 or MZMUS@aol.com. 

Thank you for your attention to this serious matter. 

Sincerely, 

Oxana Adler

 

 

      

        

 

              

                                                        

                                                         

 

        

 

 

 

 

 

 

April 13, 2008

My Lord Goldsmith:

As an apparent result of our telephone conversation on April 9 and subsequent email and fax communications, including letters from Emanuel Zeltser’s attorney in Belarus and Emanuel’s New York physician, provided at your request, my brother, Emanuel Zeltser, was moved to a hospital the following day, April 10. TO A STATE PSYCHIATRIC HOSPITAL! There is little doubt that you know what that means. Apparently, the KGB Special Interrogation Unit was unable to extract sufficient “evidence” that you need to support your claims in the lawsuit filed in New York by way of physical torture, so the Belarus authorities resorted to the best Soviet era traditions: mental torture.  

It seems Emanuel has not succumbed to the KGB tortures. In spite of the threat to his life, the absence of medical treatment and the excruciating pain he has been enduring, he appears to still be defending his innocence and the authenticity of Patarkatsishvili's will.  

If the Belarusian prosecutor general had evidence that the alleged documents Emanuel had in his possession were fraudulent, there would have been no reason for you to have dispatched Michelle Duncan to Belarus to collaborate with investigators “working” on obtaining evidence from Emanuel during his interrogation that would support the Patarkatsishvili family’s and Berezovsky's claim of fraud.  

No one of sound mind could possibly believe that Berezovsky flew my brother Emanuel on his private jet to Belarus into the waiting arms of the KGB to prove his guilt or his innocence. Berezovsky flew him to Belarus to extract evidence in support of the lawsuit you filed in Manhattan, New York. And presumably between March 19 and April 4--the date Gudavadze and her family filed the lawsuit--you got what you wanted or they would not have filed that lawsuit.  

That Emanuel is not able to defend himself in that lawsuit is a given. Whatever evidence he has to support his defense is in safekeeping in the U.S., not in his prison in Belarus. If the evidence in support of the lawsuit was obtained during Emanuel’s interrogation by the Belarusian KGB in collaboration with you, Lord Goldsmith, and at the direction of Patarkatsishvili family, this evidence will not be admissible in a court of law in the U.S. No court of law in the U.S. could possibly accept evidence presented by the Patarkatsishvili family obtained during Emanuel's interrogation by Belarusian authorities.  

Emanuel’s arrest and subsequent incarceration in Belarus KGB jail is a clear case of entrapment and collusion to deny him due process of law, his day in court, and the opportunity to prove the authenticity of the documents in question under lock and key in New York, in a court of law in the country of justice.  

As I have told you, I am not an attorney. But there is a substantial body of irrefutable evidence that the Patarkatsishvili family and Berezovsky with forethought and intent conspired with a brutal dictator to extract evidence from my brother, Emanuel, using methods and means that will surely compromise whatever evidence they obtained through their collaboration with Belarusian authorities. The evidence also demonstrates your and Michelle Duncan’s collaboration in this crime. 

The ill-gotten wealth of Boris Berezovsky has bought our justice system for all too long. This wealth allows Berezovsky to hire the most powerful attorneys and public relations advisors to subvert the system of justice and fair play that is the lifeblood of a civilized society. In the case of my brother, no amount of money could have bought Emanuel’s conviction in a U.S. court if the evidence in Emanuel’s possession is as represented by him. It was a risk Berezovsky and Gudavadze could not afford. Hence, they are willing to spend and spend and spend to obtain the legal services of a distinguished member of the Queen's Court and a former Attorney General who does the inconceivable: calling for a collaboration with the last dictatorship in Europe by requesting Belarus’s Prosecutor General to obtain evidence required to support the claim against Kay and Zeltser (your letter to the Prosecutor General, G. Vasilevich, dated March 19, 2008). Lord Goldsmith, it appears you acted as a front for Emanuel’s entrapment. In the process, you corrupted the judicial system you were sworn to uphold.   

Lord Goldsmith, as I told you on the phone, I am interested in one thing and one thing only: the release of my brother from Belarus KGB jail. In your email of April 11, you write that you “have no control over Belarusian authorities”. You are briefed on the evidence you requested the Belarusian authorities to obtain from Emanuel during the KGB's interrogation of him, but you have “no control over Belarusian authorities” to ensure that Emanuel is provided with life-sustaining medications to enable him to survive those interrogations. You have been engaged in a collaborative effort with the Belarus authorities to extract information from my brother by whatever means possible to protect your client’s “legitimate interests”, but you have “no control over Belarusian authorities”.  

I appeal to you again, Lord Goldsmith, to save the life of my brother, Emanuel, assist in ending his tortures and help end his unlawful incarceration in Belarus. 

Yours faithfully, 

Mark Zeltser

*       *       *

28 апреля 2008 г.

Президенту Беларуссии

Господину А. Лукашенка

 

От Марка Зелцера,

брата Емануила Зелцера, арестованного в Минске

 ЧРЕЗВЫЧАЙНО СРОЧНО!

 

Уважаемый Господин Президент!

25 апреля в 14:00 (по Минску) представители посольства США в Беларуссии встретились в тюрьме с моим братом, Емануилом Зелцером. Американские представители нашли состояние Эмануила критическим и близком к смерти.

В 16:00 (по Вашингтонскому времени) Государственный Департамент США встретился с представителем Беларусского посольства в США и вручил ему заявление с просьбой немедленного освобождения Эмануила Зелцера в связи с его критическим состоянием здоровья на гуманитарном основании согласно принятым международным нормам.

Господин Президент, согласно подтвержденным данным из Англии, Борис Березовский не хочет допустить возможное освобождение Эмануила Зелцера и, как я уже сообщал Генеральному Прокурору, господину Г. Василевичу раннее, готовит убийство Эмануила или его смерть «по естественным причинам» обвинив в этом Беларуссию.

Господин Президент, мой брат, Эмануил, не представляет никакой угрозы Беларуссии. Прошу Вас не допустить это зверское преступление и сохранить жизнь моему брату Эмануилу Зелцеру.  

С уважением,

Марк Зелцер

 

Телефон 1-212-580-4065, факс 1-212-496-9100, email: mzmus@aol.com

Fax Transmission and email

EXTREMELY URGENT!!!

 

April 28, 2008

 

TO:                 Mr. A. Lukashenka

                        President of Belarus

FROM:          Mark Zeltser

brother of Emanuel Zeltser, arrested in Minsk

 

 

Dear Mr. President:

On April 25, 2008, at 14:00 (Minsk time) the representatives of the US Embassy in Belarus met with my brother, Emanuel Zeltser in the KGB jail. The American representatives found Emanuel’s condition critical and life threatening.

At 16:00 (Washington time) the representatives of the US State Department met with the Belarus Charge d’Affair in Washington, DC and presented him a statement with the request for immediate release of Emanuel Zeltser based on the humanitarian grounds in accordance with the accepted international norms.

Based upon reliable information from England, Boris Berezovsky wants to prevent Emanuel Zeltser’s release and, as I already informed the Prosecutor General, Mr. Vasilevich before, plans the murder of Emanuel or his death “by natural causes” and blame Belarus for this.

Dear Mr. President, Emanuel is no threat to Belarus. I ask you to do everything to prevent this criminal act and save the life of my brother, Emanuel Zeltser.

Sincerely,

Mark Zeltser

Tel. 1-212-580-4065; fax 1-212-496-9100; email: mzmus@aol.com

  *      *      *

April 14, 2008

 

TO: Belarus Prosecutor General, Mr. Vasilevich

 

Dear Prosecutor General Vasilevich:

 

According to the information from England, there is a credible evidence to suggest that Boris Berezovsky is planning a plot to “free” Emmanuel Zeltser with a bribe of $1 million that may be set up as follows:

 

1. Berezovsky pays an individual impersonating as an FSB officer who accepts (or at least discusses the way how to pay) US$1 million with Mark Zeltser or Mark Zeltser's representative in Moscow - recorded on tape;

 

2. Various actions are taken in Belarus which would reinforce the impersonator's statements that he is "working to free Emmanuel";

 

3. The Belorussian KGB uncovers a plot or prevents a detainee from escaping making the tape public and breaking the operation to free Emanuel;

 

4. This is spun in the media as the attempt to smear Belarus;

 

5. The US$1 million goes to Lord Bell to spin it in the most favorable light.

 

Berezovsky is basically trying to replicate his Chechnia operation on human trade.   

 

I appeal to you, Mr. Prosecutor General, to prevent this action from taking place.

 

Sincerely,

 

Mark Zeltser

 

 

14 Апреля 2008 г.

 

Генеральному Прокурору Беларуссии, Господину Василевичу

 

Уважаемый Господин Генеральный Прокурор,

По сообщениям из Англии, Борис Березовский планирует заговор, описываемый ниже.

Прошу Вас, Господин Генеральный Прокурор, предотвратить эту акцию.

С уважением,

 

Марк Зелцер

 

 

По сообщениям из Англии, существуют улики заговора Бориса Березовского, который планирует инсценировку «освобождения»  Емануила Зелцера за вознаграждение в 1 миллион долларов, которое должно произойти следующим образом:

 

1.       1. Березовский платит человеку, который выдает себя за агента ФСБ и который принимает или по-крайней мере обсуждает оплату в 1 миллион долларов с Марком Зелцером или представителем Марка Зелцера в Москве и это записывается на пленку.

 

2.      2.  В Беларуссии будут предприняты различные акции подтверждающие подложные заверения что идет работа по освобождению Емануила.

 

3.       3. Беларусский КГБ разоблачает и предотвращает попытку побега заключенного и опубликовывает пленку с записью разговора о заговоре чтоб освободить Емануила Зелцера.

 

4.       4. Пресса описывает это как заговор, чтобы оклеветать Беларуссию.

 

5.       5. 1 миллион долларов идет Лорду Беллу на раскрутку компании по освещению Беларуссии в лучшем свете.

 

 

Березовский хочет повторить операцию, проведенную им аналогичным способом в Чечне.

 

*      *      *

 

28 апреля 2008 г.

Президенту Беларуссии

Господину А. Лукашенка

 

От Марка Зелцера,

брата Емануила Зелцера, арестованного в Минске

 

ЧРЕЗВЫЧАЙНО СРОЧНО!

 

Уважаемый Господин Президент!

25 апреля в 14:00 (по Минску) представители посольства США в Беларуссии встретились в тюрьме с моим братом, Емануилом Зелцером. Американские представители нашли состояние Эмануила критическим и близком к смерти.

В 16:00 (по Вашингтонскому времени) Государственный Департамент США встретился с представителем Беларусского посольства в США и вручил ему заявление с просьбой немедленного освобождения Эмануила Зелцера в связи с его критическим состоянием здоровья на гуманитарном основании согласно принятым международным нормам.

Господин Президент, согласно подтвержденным данным из Англии, Борис Березовский не хочет допустить возможное освобождение Эмануила Зелцера и, как я уже сообщал Генеральному Прокурору, господину Г. Василевичу раннее, готовит убийство Эмануила или его смерть «по естественным причинам» обвинив в этом Беларуссию.

Господин Президент, мой брат, Эмануил, не представляет никакой угрозы Беларуссии. Прошу Вас не допустить это зверское преступление и сохранить жизнь моему брату Эмануилу Зелцеру.  

С уважением,

Марк Зелцер

 

Телефон 1-212-580-4065, факс 1-212-496-9100, email: mzmus@aol.com

Fax Transmission and email

EXTREMELY URGENT!!!

 

April 28, 2008

 

TO:                 Mr. A. Lukashenka

                        President of Belarus

FROM:          Mark Zeltser

brother of Emanuel Zeltser, arrested in Minsk

 

 

 

Dear Mr. President:

On April 25, 2008, at 14:00 (Minsk time) the representatives of the US Embassy in Belarus met with my brother, Emanuel Zeltser in the KGB jail. The American representatives found Emanuel’s condition critical and life threatening.

At 16:00 (Washington time) the representatives of the US State Department met with the Belarus Charge d’Affair in Washington, DC and presented him a statement with the request for immediate release of Emanuel Zeltser based on the humanitarian grounds in accordance with the accepted international norms.

Based upon reliable information from England, Boris Berezovsky wants to prevent Emanuel Zeltser’s release and, as I already informed the Prosecutor General, Mr. Vasilevich before, plans the murder of Emanuel or his death “by natural causes” and blame Belarus for this.

Dear Mr. President, Emanuel is no threat to Belarus. I ask you to do everything to prevent this criminal act and save the life of my brother, Emanuel Zeltser.

Sincerely,

Mark Zeltser

Tel. 1-212-580-4065; fax 1-212-496-9100; email: mzmus@aol.com

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Fax Transmission and email

EXTREMELY URGENT!!!

 

April 28, 2008

 

TO:                 Mr. G. Vasilevich

                        Prosecutor General of Belarus

FROM:          Mark Zeltser

brother of Emanuel Zeltser, arrested in Minsk

Dear Prosecutor General:

On April 25, 2008, at 14:00 (Minsk time) the representatives of the US Embassy in Belarus met with my brother, Emanuel Zeltser in the KGB jail. The American representatives found Emanuel’s condition critical and life threatening.

At 16:00 (Washington time) the representatives of the US State Department met with the Belarus Charge d’Affair in Washington, DC and presented him a statement with the request for immediate release of Emanuel Zeltser based on the humanitarian grounds in accordance with the accepted international norms.

Based upon reliable information from England, Boris Berezovsky wants to prevent Emanuel Zeltser’s release and, as I already informed you before, plans the murder of Emanuel or his death “by natural causes” and blame Belarus for this.

Dear Prosecutor General, I ask you to do everything to prevent this criminal act and save the life of my brother, Emanuel Zeltser.

Sincerely,

Mark Zeltser

 

Tel. 1-212-580-4065; fax 1-212-496-9100; email: mzmus@aol.com

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TO:         Ms. Michelle Duncan

FROM:       Mark Zeltser

Date:       March 21, 2008

 

RE: EMANUEL ZELTSER

 

Dear Ms. Duncan,

I have been made aware of the fact that on March 3, you, on behalf of your client, Boris Berezovsky, contacted the Belarusian authorities and high level government officials with the false information, based on which my brother, Emanuel Zeltser was arrested and detained by the Belarusian KGB. Clearly, you and Mr. Berezovsky are co-conspirators of this criminal activity. Being aware of Mr. Berezovsky’s methods of eliminating his opponents as well as your personal criminal involvement in this matter, I am certain that my brother’s life is in imminent danger. I have informed the relevant international organizations of the above. 

Sincerely,

Mark Zeltser

(212) 580-4065

 

 

TO:         Ms. Michelle Duncan

FROM:       Mark Zeltser

Date:       April 9, 2008

 

RE: EMANUEL ZELTSER

 

Dear Ms. Duncan,

On March 21, 2008 I sent you email concerning the arrest of my brother, Emanuel Zeltser by Belarusian KGB (copy included). My communication remains ignored.

Upon confirmed information, on March 19, you met with the representatives of the Belarus authorities in Minsk to collect “evidence” gathered by way of torture by the KGB during Emanuel’s interrogations. As it appears that you have no problem violating the accepted legal ethics, conduct and possibly, the law, I am certain that you were personally present during such interrogations that undoubtedly included torture.  

 

Sincerely,

Mark Zeltser

(212) 580-4065

 

TO:         Ms. Michelle Duncan

FROM:       Mark Zeltser

Date:       April 26, 2008

 

RE: EMANUEL ZELTSER

 

Dear Ms. Duncan:

My name is Mark Zeltser, and I am Emanuel Zeltser's brother. I have serious reasons to believe that my brother will soon be murdered in Belarus, as early as this weekend. This criminal action has been planned and arranged by Boris Berezovsky who is going to put the blame on Belarus for Emanuel’s death. I have alerted the US State Department, FBI, US Embassy in Minsk, Belarus Embassy in the USA, Administration of the Belarus President, Belarus Prosecutor General, the media of the above. In addition, I have telephoned today Mr. Berezovsky and advised him that I am aware of his criminal plans.  Upon information and belief, you and your long time client and friend, Boris Berezovsky conspired to entrap my brother and put him in KGB jail in Belarus. As part of conspiracy and premeditated entrapment of Emanuel Zeltser, on March 3, 2008, you wrote a letter to Mr. G. Vasilevich, Prosecutor General of Belarus, consisting of unfounded  allegations: you concocted that Mr. Patarkatsishvili had “substantial assets within your jurisdiction” even though you know very well, he had none; you alleged that Emanuel had forged documents in his possession even though you do not have a single copy of any document; and you personally visited Belarus Prosecutor General office in Minsk on March 19, 2008 in order to gain “evidence” obtained from Emanuel by KGB by way of torture. Upon belief and information from Minsk, you may have been present during at least one of his interrogation sessions. If Emanuel gets murdered in Belarus or dies of “natural causes” (the method perfected by Boris Berezovsky), I will not rest until you, along with Berezovsky, are extradited to the US and prosecuted for murder and conspiracy.

Sincerely,

Mark Zeltser

 

  

*       *       *

Date:                            March 23, 2008

TO:                              Lord Bell

FROM:                         Mark Zeltser

My Tel.                                    (212) 580-4065

 

RE: EMANUEL ZELTSER DETENTION IN MINSK/BORIS BEREZOVSKY

 

Dear Lord Bell:

 

Based on reliable information, my brother, lawyer Emanuel Zeltser was arrested in Minsk on March 12, as a direct favor to Boris Berezovsky from President Lukashenka in return for Mr. Berezovsky’s payment for Lord Bell’s PR work to improve international image of Belarus.

The request to arrest Emanuel Zeltser came from Mr. Berezovsky’s attorney, Michelle Duncan. Ms. Duncan went as far as dictating the Belarus authorities the exact charges Belarus must produce: “use of forged documents”. 9 days after Mr. Zeltser’s arrest, on March 21, 2008 he was charged precisely as requested by Mr. Berezovsky and his attorney: “use of forged documents”.

 

The charge is totally baseless. Mr. Zeltser was arrested immediately upon leaving the plane and clearly had no time to “use” the alleged “forged documents”. As this was Mr. Zeltser’s first trip to Belarus, he clearly had no previous opportunity to “use” the documents (whether forged or not) in the country.  In addition, by definition, a document, allegedly forged, must be an original. One cannot forge a copy or a computer page. Even the prosecutor in Belarus admits that Mr. Zeltser traveled with his computer and did not have any documents with him.

Emanuel Zeltser was arrested by the Belorussian KGB and was since kept in an unidentified KGB detention facility. The numerous requests by the US Embassy in Minsk, Belarus, to obtain access to Mr. Zeltser were denied 4 times. 4 official protests have been issued to the Belarus authorities by the US Embassy in Belarus and the US State Department, pursuant to Articles 5 and 36 of the Vienna Convention. This event has been covered by The New York Times, International Herald Tribune, Forbes Magazine, Associated Press, U.S. News MSNBC Wire Services and others. 

 

According to the new information made available on March 20th, Mr. Zeltser was severely beaten up in jail, including direct blows to his head; denied medicine critical to his health even though the Belarus authorities received a detailed medical report from Mr. Zeltser’s physician who stated that Mr. Zeltser may not survive without the medications indicated. Mr. Zeltser was on hunger strike for 7 days before he was finally allowed to see a lawyer appointed by the authorities. Said lawyer confirmed that Mr. Zeltser was still being denied access to the medications that were sent to him.

 

The Belarus desire to improve its image is totally inconsistent with the unlawful and brutal detention of Emanuel Zeltser whose life is in eminent danger. I ask you, Lord Bell personally to urgently address this matter to the government of Belarus and save the human life.

 

Sincerely,

 

 

Mark Zeltser

Encl.

 

 

Date:                            March 24, 2008

TO:                              Lord Bell

FROM:                         Mark Zeltser

My fax:                                    (212) 496-9100

My Tel.                                    (212) 580-4065

Email:                          mzmus@aol.com

 

 

RE: EMANUEL ZELTSER DETENTION IN MINSK/BORIS BEREZOVSKY

 

 

Dear Lord Bell:

 

Yesterday, I communicated with you regarding my brother, Emanuel Zeltser (copy of the letter included) by email and fax.

According to the latest news from Minsk, Emanuel Zeltser, today, was officially denied his medications. As clearly stated in Mr. Zeltser’s physician letter, he may not survive without the medications indicated. The Belarus authorities are obviously aware that, without the medications, he will be in excruciating and debilitating pain. This action by the Belarusian KGB constitutes the most barbaric torture undoubtedly designed to force Emanuel Zeltser to “confess” to his alleged crimes.

 

Emanuel Zeltser’s unlawful detention has been closely linked to your friend and client, Boris Berezovsky.

 

This atrocious action of the Belarus KGB coincides with your receipt of my letter dated March 23, 2008 (attached).

 

Sincerely,

 

 

Mark Zeltser

Encl.    

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From: MZMUS@aol.com

To: usa@belarusembassy.org

Cc: politics@belarusembassy.org

Sent: Saturday, March 15, 2008 11:56 PM

Subject: RE: EMANUEL ZELTSER DETENTION IN MINSK

 

EXTREMELY URGENT!

 

 

DATE:                        March 15, 2008

TO:                             Belarus Embassy in the USA

By fax:                       (202) 986-1805

Our fax:                    (212) 496-9100

Our tel.                       (212) 580-4065

 

RE: EMANUEL  ZELTSER DETENTION IN MINSK

/ HEALTH CONDITION

 

To Whom It May Concern

 

 

As confirmed on March 15 by the US Embassy in Belarus, my brother, Emanuel Zeltser, a prominent New York lawyer and human rights activist, was arrested in Minsk, Belarus while representing interests of his international client.

 

There has been no access to Mr. Zeltser and no communication since his arrest. Mr. Zeltser has serious health problems and is unlikely to survive without proper medications.

 

Attached is a letter from Mr. Zeltser’s doctor, Lev J. Paukman which is self-explanatory.

 

Please, make sure that Mr. Zeltser is provided with all medications necessary. Otherwise, he may not survive.

 

Sincerely,

 

Mark Zeltser

 

(212) 580-4065

Email: mzmus@aol.com

 

 

 

Subject:

Re: EMANUEL ZELTSER DETENTION IN MINSK

 

Date:

17.03.2008 11:58:06 Eastern Daylight Time

From:

usa@belarusembassy.org

Reply To:

 

To:

MZMUS@aol.com

 

 

 

Dear Mr.Zeltser,

 

We would like to let you know that your brother, Mr.Emanuel Zeltser, has been given with the medicines required.

   

Shortly, he will be able to meet with the US Consul to Belarus.

 

Sincerely,

 

Embassy of Belarus in the US

Phone: 202 986 16 34

E-mail: usa@belarusembassy.org  

 

 

 

 

Fax Transmission

 

Date:               March 20, 2008

TO:                 The Embassy of Belarus in the USA

By fax:            (202) 986-1805

Our fax:         (212) 496-9100

Our tel.           (212) 580-4065

 

To Whom It May Concern

 

RE: EMANUEL ZELTSER

 

Gentlemen,

 

Contrary to your above correspondence dated March 17, 2008 (copy attached) and assurances – see below:

 

You state in your email: “We would like to let you know that your brother, Mr.Emanuel Zeltser, has been given with the medicines required.”

 

In fact, Emanuel Zeltser HAS NOT been given all the prescribed medications. Out of 4 medications (as per Dr. Paukman letter sent to you on March 15) only 1 has been given to him. NO PAINKILLER medication has been given to my brother. Please, understand: without these medications Emanuel is in devastating and debilitating pain. This pain is the worst kind of torture.

 

2.     Your communication further states: “Shortly, he will be able to meet with the US Consul to Belarus”.

 

In fact, Mr. Zeltser was not allowed to meet with the US representative. As I was informed by the US Department of State and the US Embassy in Minsk, the meeting scheduled on March 18 was postponed till March 19 at 3:00 PM and subsequently cancelled 15 minutes before the scheduled time. No further meeting has been scheduled.

 

3.     In my email to the Belarus Embassy in the USA dated March 17, I requested a visa to Belarus to see my brother. This request has been ignored.

 

I request your prompt reply and clarification of your previous statements.

 

Sincerely,

 

 

Mark Zeltser

(212) 580-4065