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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

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.
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,
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.
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.
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
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

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
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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.
* * *
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
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Subject: |
Re:
EMANUEL ZELTSER DETENTION IN MINSK |
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Date: |
17.03.2008 11:58:06 Eastern Daylight Time |
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From: |
usa@belarusembassy.org |
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Reply To: |
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To: |
MZMUS@aol.com |
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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
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