Emanuel Seltzer

EMANUEL ZELTSER
Director and General Counsel



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June 15, 2008

FOR IMMEDIATE RELEASE

Family of Dying Lawyer Appeals to Belarus President

NEW YORK – Family members of Emanuel Zeltser, a US lawyer whose arrest and detention they believe was orchestrated by London-based tycoon Boris Berezovsky, have sent a personal appeal to Belarus President
Alexander Lukashenko urging him to save life of their critically-ill relative.

Mr. Zeltser was arrested in March by the Belarus security service after he had been flown to Minsk aboard Mr. Berezovsky's private jet. Deprived of prescribed medicines for the past three months, Mr. Zeltser is gravely ill, the family members say. Mr. Zeltser's state-appointed Belarus lawyer told them on Friday that in his opinion his client could die within days.

Bertha Zeltser, Mr. Zeltser's 92-year-old mother, immediately sent a letter to Mr. Lukashenko. "I do not wish to outlive my son," she wrote. "I know you are a father and I appeal to your humanity and good will to stop the murder and save the life of my son."

Mrs. Zeltser's other son, Mark, an internationally known concert pianist, has been leading a campaign for his brother's release. This has led to formal appeals from the U.S. State Department requesting Mr. Zeltser’s release on humanitarian grounds that were denied by Belarus on May 30. There have also been protests by Amnesty International, members of the US Congress and the New York BAR Association over Mr. Zeltser's arrest and treatment while in detention.

Mark Zeltser now believes his brother has become a hostage to the Belarus government's dispute with the US over sanctions imposed on the state-controlled businesses.

Initially, he says Emanuel Zeltser was tricked or coerced into flying to Belarus on account of his role in a dispute surrounding the multi-billion-dollar estate of the late Badri Patarkatsishvili, who died in the UK in February. Emanuel, who had acted as Mr. Patarkatsishvili's attorney for 14 years, was appointed to represent the executor of the estate, Joseph Kay. Mr. Kay is locked in a legal conflict, ostensibly with Mr. Patarkatsishvili's widow, Inna Gudavadze, but in fact with Boris Berezovsky, who is claiming 50% of the Patarkatsishvili estate.

On March 12, Emanuel Zeltser and his secretary, Vladlena Funk, a Russian citizen residing in the US, were arrested by the Belarus KGB on arrival at Minsk airport on suspicion of possessing forged documents.

"We do not know how it came about that Emanuel wound up in Belarus aboard Berezovsky's jet," Mark Zeltser says. He says he spoke to his brother by phone just prior to the trip and at that point Emanuel's plan was to fly from London to Miami.

But a week prior to this, Michelle Duncan, a UK-based lawyer acting for both Inna Gudavadze and for Mr. Berezovsky sent a letter to the Belarus Prosecutor General recommending that he "act speedily and vigilantly" in the likelihood of Emanuel Zeltser's imminent arrival in Minsk in possession of forged documents. "How she knew Emanuel's travel itinerary before he himself did, I do not know," Mark Zeltser said. Later, Ms Duncan flew to Minsk to meet the prosecutors in person.

A week following Mr. Zeltser's arrest, another prominent British lawyer and a friend of Berezovsky, Lord Peter Goldsmith, the former UK Attorney General, also wrote to the Belarus Prosecutor General. Reporting that he now also represented  Inna Gudavadze and other heirs, Lord Goldsmith acknowledged Ms. Duncan's March 3 letter to the Prosecutor General and her meeting with the prosecution in Minsk on March 19, and then confirmed that "our clients support the continuation of your investigation." He expressed interest in "what evidence you have gathered to date." He added “Moreover, we are interested in cooperating with your investigation”. “It is inconceivable, Mark Zeltser says, that the former UK Attorney General and a distinguished member of the Queen’s Court offered his cooperation to the ruthless dictator”.  

In addition, there have been numerous meetings between the Belarusian chief investigator Sergey Vorobiov and other prosecution officers, and Mr. Berezovsky in London in connection with Mr. Zeltser case, confirmed by Mr. Berezovsky to Kommersant, Russian daily paper:  “I met with whole operational and investigative team from Belarus about Zeltser.”  “Belarusian KGB receives regular orders from Berezovsky”, Mark Zeltser says.  

The documents in question were not in fact in Mr. Zeltser's possession. In May, a Georgian court ruled the documents to be valid and a Belarus official acknowledged that international treaty commitments obliged Belarus authorities to accept the Georgian ruling.

Mr. Zeltser was then charged instead with possession and smuggling of illegal drugs. The illegal drugs he is alleged to have smuggled into Belarus are legally prescribed life sustaining medications he has been taking for the past twenty years for the treatment of his late-onset diabetes and arthritis, and which he has been prevented from taking throughout his three-month incarceration.

According to Mark Zeltser: "Emanuel's lawyer called and said Emanuel is dying. He cannot walk, and has difficulty talking. He has not had a single pill for diabetes in over three months, and he does not sleep because of constant pain; all the medications were taken away on March 12."

In her letter to President Lukashenko, Mr. Zeltser's mother writes "I am the mother of Emanuel Zeltser. My son is dying in KGB jail in Minsk. For the past three 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."


For further information visit: www.SaveEmanuelZeltser.com

Contacts: Mark Zeltser at +1 212 580-4065, or by email
MZMUS@aol.com or

Oxana Adler, board member of American Russian Law Institute at +1 917 692-6709

 

New development in Zeltser's case

Belarus News, May 18, 2008

 

The Tbilisi City Court in Georgia has recognized Joseph Kay as a legitimate executor of the assets of a late Georgian billionaire, a decision that may prove important for US lawyer Emanuel Zeltser kept in custody in Minsk.

The US lawyer was arrested in the Belarusian capital city on March 12 together with his secretary, Russian citizen Vladlena Funk, upon their arrival. The two were put into the detention center of the Committee for State Security (KGB), charged with using fake documents.

When Georgian billionaire Badri Patarkatsishvili died, his assets became the subject of a dispute pitting the widow backed by Boris Berezovsky, against his step cousin, Joseph Kay, who is represented by Mr. Zeltser.

The widow claimed that Messrs. Kay and Zeltser had presented false documents in an attempt to convince Patarkatsishvili’s family that Mr. Kay was the executioner of Patarkatsishvili’s will.

Dzmitry Harachka, lawyer of Mr. Zeltser, told BelaPAN that he had received a notification of the court decision but could not offer any comment as the notification had not yet been translated into Russian.

Maryna Zhandarava, head of the Belarusian ministry's department for international treaties and legal assistance, told BelaPAN that Belarus should recognize court decisions made in Georgia under a CIS agreement.

The lawyer's brother, Mark Zeltser, claims that self-exiled Russian businessman Boris Berezovsky orchestrated the arrests of Mr. Zeltser and his secretary together with spokesman Lord Bell, one of Britain's top public-relations men, and Lord Goldsmith over Patarkatsishvili's assets.

Lord Goldsmith denies any involvement in the arrests.

 

In News

Embassy Calls for Humanitarian Release of U.S. Citizen

U.S. Embassy Minsk Press Statement
April 29, 2008

The United States is deeply concerned about the deteriorating health of American citizen Emanuel Zeltser, imprisoned in Belarus.  Since his detention on March 12, the U.S. Embassy in Minsk has only been permitted to visit him on two occasions, March 27 and April 25. 

During the visit on April 25, the consular officer from the U.S. Embassy noticed a significant physical deterioration of Mr. Zeltser’s health since the previous visit on March 27.  Mr. Zeltser lost a considerable amount of weight and was very weak.  Despite all efforts by the U.S. Embassy, his lawyer, and his U.S. doctor to comply with prison procedures, Mr. Zeltser has not been permitted to take his required daily medications, which may be causing irreversible internal damage. 

The United States is extremely concerned for the health and safety of Mr. Zeltser should he remain in the care and custody of the Government of Belarus.   On April 25, the Department of State requested the Government of Belarus to release Emanuel Zeltser on humanitarian grounds immediately.  We urge the Government of Belarus to favorably consider this request in order to save the life of an American citizen suffering in its custody.

Amnesty International stands up for Emanuel Zeltser

2008-05-08 17:17 / Amnesty International Press-Release

«Международная амнистия» призывает поддержать Эмануила ЗельцераA human rights defending organization “Amnesty International” has urged its adherents to turn to the Belarusian authorities and demand to provide an American lawyer Emmanuel Zeltser with the medicine he needs as soon as possible. Human rights defenders also demand that an independent investigation of facts of physical violence against him should be conducted and those who are guilty should be punished.

07 May 2008

 

UA 121/08                 Torture and other ill-treatment/health concern     

BELARUS                 Emanuel Zeltser (m), US national

US national Emanuel Zeltser was detained when he flew in to Belarus on 12 March. He is held in a state security services detention facility in the capital, Minsk, where according to his lawyer he has been interrogated and beaten, and has been denied the medicine he needs urgently to treat his diabetes and arthritis. 

On 21 March he was charged with "use of forged documents." The US Embassy in Minsk has been allowed to visit him only twice, on 27 March and 25 April. After the second visit, the US Consul, Caroline Savage, reported that Emanuel Zeltser’s health was failing, noting that he had lost weight, was very weak and had difficulty walking and talking, and that he had been beaten two or three times while in custody.

Emanuel Zeltser suffers from Type 2 diabetes and a severe form of arthritis, for which he has been on prescription medication for over 15 years. A letter from his doctor to the Prosecutor General in Belarus states that without access to the appropriate medication Emanuel Zeltser may suffer "excruciating debilitating pain" and risk irreversible multiple internal organ damage. Emanuel Zeltser’s lawyer delivered the necessary medication to the detention facility, but according to his family the authorities are withholding it, and his health is deteriorating. 

BACKGROUND INFORMATION

Belarus declared independence in 1991: it had been part of the Soviet Union, which collapsed earlier that year. Since President Alyaksandr Lukashenka came to power in 1994, respect for human rights in Belarus has deteriorated. 

According to an umbrella group of human rights NGOs, the International Helsinki Federation (IHF), prison conditions in Belarus are often substandard, with inmates held in cramped cells which are dirty, poorly ventilated and have "inadequate hygiene facilities". The IHF reports that inmates risk torture or other ill-treatment, are given insufficient food and do not always receive the medical attention or medicines that they need.  

Relations between Belarus and the US have become strained recently with the US applying increasing pressure on the Belarusian authorities to release political prisoners. In March and April, Belarus ordered the expulsion of the US Ambassador and 10 US diplomats from the embassy in Minsk, after the US authorities imposed sanctions on the country's state-controlled oil-processing and chemicals company, Belneftekhim, which accounts for about a third of the country's foreign currency earnings. Belarus is also reducing the number of diplomats at its embassy in Washington.   

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Belarusian, Russian, English or own language: 

- calling on the authorities to ensure that Emanuel Zeltser receives immediately the medication his doctor has prescribed, which his lawyer brought to the detention facility;

- calling on the authorities to order an urgent, independent investigation of reports that Emanuel Zeltser has been tortured or otherwise ill-treated, and to bring those responsible to justice;

- urging the 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.

 

APPEALS TO:

Alyaksandr LUKASHENKA

President

Administratsia Prezidenta Respubliki Belarus

ul.Karla Marksa, 38

220016 Minsk

BELARUS

Fax:                        +375 17 226 06 10

+375 17 222 38 72

Salutation:            Dear President Lukashenka

 

Grigorii VASILEVICH

Prosecutor General

Internatsionalnaya str., 22

220050 Minsk

BELARUS

Fax:                        +375 17 226 42 52

Salutation:            Dear Prosecutor General

 

COPIES TO:

Vladimir NAUMOV

Minister of Internal Affairs

Gorodskoi Val str., 2

220050 Minsk

BELARUS 

Fax:                        +375 17 226 12 47

Salutation:            Dear Minister

and to diplomatic representatives of Belarus accredited to your country. 

PLEASE SEND APPEALS IMMEDIATELY.

 

Emanuel Zeltser dying in KGB jail

Belarus News, Apr. 11

Brother of detained in Minsk American lawyer Emanuel Zeltser sent an open letter to Ryhor Vasilevich, Prosecutor General of Belarus asking to interfere and save his life – relatives, referring to a Belarusian lawyer of the detained, say Emanuel Zeltser’s state of health is critical.

“Belorusskie Novosti” learnt from the General Prosecutor’s Office that an appeal from Mark Zeltser addressed the Prosecutor General had been received on 10 April.

The letter, also sent to “Belorusskie Novosti” editor’s office, says Zelttser was denied “medicines, vital for his health.” “The Belarusian authorities and Belarusian Embassy in the U.S. have received a letter from his doctor in New York, saying clearly that Mr Emanuel’s health is very bad, and warning he won’t be able to survive without necessary medical care,” the letter says.

A medical report, warning about a threat of possible irreversible process caused by numerous internal injuries, signed by his consulting physician is attached to the appeal.

“The latest information from Emanuel’s lawyer points out that state of health of Emanuel has considerably worsened, and he may not survive. Dear Mr Vasilevich, Emanuel is dying in Your jail. Mr Prosecutor General, I cry for Your help and ask to do all best to save my brother Emanuel,” elder Zeltser writes.

Valer Nadtachaeu, head of the Belarusian KGB Center of Information and Public Relations, said his institution didn’t comment on the events. “We have made a statement that an accusation was presented to him. Investigation is now in progress,” Nadtachaeu said.

The Ministry of Foreign Affairs of Belarus also refused to comment on the fact that the U.S. Embassy filed some notes of protest: U.S. consul had the only opportunity to meet with Emanuel Zeltser on 27 March, but there were no requests to organise a new meeting.

Emanuel Zeltser and his secretary Vladlena Funk were arrested by the Belarusian KGB 12 March just after they arrived in Minsk. They were accused of possession of forged documents. They are kept in the KGB jail now; a common lawyer, appointed by the Belarusian side, acts for them.

Zeltser’s relatives and friends have repeatedly said they fear for his health. They state, referring to the Belarusian lawyer of the detained, that he was denied three of four medicines he had been taking daily for 15 years.

Zeltser’s relatives have also reputedly said Russian businessman Boris Berezovsky may have some relations to his arrest. According to them, he had allegedly agreed with Georgian businessman Badri Patarkatsishvili’s relatives to provide them with his lawyer to gain 50 per cent of the property of the Georgian tycoon.

Patarkatsishvili’s widow and two daughters laid an action against his step cousin Joseph Kay and his lawyer Emanuel Zeltser, accusing them of possessing forged documents, including power of attorney and testament.

Mark Zeltser said in the interview to “Belorusskie Novosti” that he had consultations with a lawyer, who had assured him proceeding on that case couldn’t be started because the plaintiffs, as Badri Patarkatsishvili himself, didn’t have U.S. citizenship, moreover, he hadn’t had estate in the U.S.

The aim of the claim, according to elder Zeltser, is to spatter Emanuel’s good name, and thus ruin his legal practice and deprive him of earning.”

U.S. urges Belarus to release lawyer

April 29, 2008

 

Interfax, Belarus, April 16, 2008

Zeltser to undergo forensic psychiatric expert examination

Holding Forensic psychiatric expert examination of the US citizen Emanuel Zeltser detained in Minsk has been ordered by investigator.

“E. Zeltser was placed to a forensic psychiatry department for individuals under tough security”, Interfax was told in the Republican clinic mental hospital near Minsk (Navinki settlement).

“He was placed to the department to undergo an examination,” representatives of the hospital said. They refused to say for how long it would take, and why the examination had been prescribed referring to medical secrecy.

As it was informed earlier, a former Soviet citizen Emanuel Zeltser was arrested on March 12 in Minsk airport. He arrived to Minsk for a short meeting with clients. Some mass media alleged that the arrest of the lawyer is connected with the case of the late Georgian billionaire Badri Patarkatsishvili who was E. Zeltser’s client.

Emanuel Zeltser currently heads the American Russian Law Institute based in New York. He is an expert on organized crime and money laundering combat in Russia and the former Soviet Union. IN 2000-2001 he was a lawyer of Pavel Borodin, the State Secretary of the union of Belarus and Russia detained in New York.

E. Zeltser appeared in the case of alleged money laundering via Bank of New York.

The New York Sun

Belarus Transfers U.S. Lawyer To Psychiatric Hospital

By Staff Reporter of The New York Sun
April 16, 2008

International Herald Tribune, March 18

 US lawyer detained in Belarus being denied medication, relative sayshttp://img.iht.com/images/dot_h.gif

The Associated Press

Published: April 11, 2008

MINSK, Belarus: The brother of an American lawyer being held in Belarus on suspicion of using false documents says authorities are denying the detainee medication for his diabetes.

New York-based Mark Zeltser said Friday that the Belarusian KGB is allowing 54-year-old lawyer Emanuel Zeltser only one of the four sets of tablets he has been taking for the last 15 years to treat the disease.

Mark Zeltser says he has written a letter to prosecutors in Belarus saying that "Emanuel is dying in prison." The KGB has refused to comment.

Its officers detained Zeltser at Minsk airport March 12. Zelster faces three years in prison if convicted.

 

International Herald Tribune, March 18

Status of US lawyer arrested in Belarus still unknown as his family worries for his health

MINSK, Belarus: The arrest of a U.S. lawyer in Belarus last week remained shrouded in mystery Tuesday as local authorities declined to provide any information on his detention. Russian-born Emanuel Zeltser, 54, who heads non-governmental organization Russian-American Law Institute, was detained on March 12 as he arrived in Belarus for meetings with clients. Emanuel Zeltser was traveling from England with his secretary, Russian national Vladlena Funk, who also was detained. Officials at Belarus' spy service, which still goes under its Soviet name KGB, confirmed Zeltser's arrest, but declined to provide any details. The case could worsen already strained ties between the U.S. and Belarus, which earlier this month recalled its ambassador to Washington for consultations and pushed the United States do the same.

U.S. officials have called President Alexander Lukashenko "Europe's last dictator" for his authoritarian rule and intolerance of dissent in the ex-Soviet republic of 10 million. Washington has demanded Belarus release all inmates the U.S. considers political prisoners.

Zeltser appeared in 1999 before the U.S. House Committee on Banking and Financial Services as an expert witness on money laundering and fraud in Russia.

Forbes.com, March 18

Lawyer Zeltser Detained In Minsk

Emanuel Zeltser, a Russian-born U.S. citizen who sued the Bank of New York during the height of its Russian money-laundering scandal in the 1990s, was detained last week in Minsk.

The reasons for his arrest just after exiting a plane in the authoritarian country are unknown, and news of the March 12 occurrence in the capital of Belarus is just now reaching other countries.

The U.S. State Department, citing a law that requires missing persons to sign a waiver before information about them can be released, refused to comment or confirm that Zeltser had been detained.

But Mark Zeltser (Emanuel’s brother) said the State Department told him that a meeting scheduled for Tuesday between his brother and U.S. consular officials in Minsk had been postponed. He said that his brother suffers from chronic illnesses and that he had asked the Belarus Embassy in Washington to make medications available to him. He also requested a short-term visa to the country but so far has not received a reply.

Emanuel Zeltser had flown from London to Minsk, possibly to visit a Russian client with business in Minsk. "I know it wasn't for sightseeing," Mark Zeltser said. The detained American was traveling with his secretary, Vladlena Funk, who was also arrested.

Zeltser, outspoken and controversial, is a specialist on money laundering and organized crime. In 1999 he testified before the House Committee on Banking and Financial Services regarding the estimated $10 billion money-laundering scheme at the Bank of New York, which is now known as Bank of New York Mellon. He also sued the bank for $2 billion on behalf of depositors who had lost money in an affiliate.

There is speculation that the detention was on the orders of either the Belarus or Russian intelligence services, possibly in connection with the Bank of New York suit. "The KGB is in more than one country," remarked Zeltser's brother Mark.

Associated Press, March 18

Minsk - Russian-born Emanuel Zeltser, 54, who heads non-governmental organization Russian-American Law Institute, was detained on March 12 as he arrived in Belarus for meetings with clients.

Zeltser appeared in 1999 before the U.S. House Committee on Banking and Financial Services as an expert witness on money laundering and fraud in Russia.

In 1995, Zeltser sued Inkombank, once Russia's second-largest bank, in a U.S. federal court, accusing it of misappropriating funds from depositors in collaboration with the Bank of New York. He previously worked for the bank, but claimed he was dismissed from his post after initiating an investigation into evidence of theft and fraud. Inkombank collapsed in 1998 amid Russia's financial crisis.

Khartiya’97, March 18

A lawyer, a money laundering combat expert, a US citizen of Russian origin Emanuel Zeltser was detained in Minsk on March 12. The press learnt about that on March 17.

An expert in regulations governing money laundering and organized crimes in Russia and the former Soviet states, he currently heads the American Russian Law Institute. In 1999, Mr. Zeltser testified before the US House Committee on Banking and Financial Services at a hearing of a case into organized crime and money laundering in Russia.

The lawyer and human rights watchdog appeared as an expert in such mass media as ËÁË Fox News, CNN, Voice of America, Radio Liberty/Radio Free Europe, CBC (Canada) and others. He commented facts of international terrorism, issues of money laundering and organized crime.

The Earth Times, March 21

A US citizen in charge of an anti-organised crime NGO has been visited in a Belarusian prison for the first time by his lawyer, the Belapan news agency reported Friday. Emanuel Zeltser, director of the American-Russian Law Institute (ARLI), has been held in a KGB jail in the former Soviet republic since March 12 on unspecified charges.

Belarus' government has banned representatives from the US embassy in Minsk from visiting Zeltser as well.

Relations between Minsk and Washington are at rock-bottom, due to wide-ranging economic sanctions imposed by the US on Belarus, according to the US because of Belarus' authoritarian government and human rights abuses by the country's President Aleksander Lukashenko.

Belarus' KGB, despite media reports for more than a week saying it is holding Zeltser in a detention facility outside Minsk, on Friday continued to deny knowledge of the pair. "No, as before I know absolutely nothing about that," said Valery Nadtochaev, a KGB spokesman

Zeltser in the late 1990s sued Russia's Inkom bank and the American Bank of New York for operating financial schemes resulting in the loss of tens of millions of dollars of savings by US depositors, and the laundering of billions of dollars of aid money given Russia by the International Monetary Fund and other donors. He was targeted for a mob hit in 1998, and even a decade later Russian organized crime has a murder contract out on him, according to an ARLI statement.

Independent / Europe, March 18

Anti-mob lawyer arrested in Belarus

Minsk - Police in the authoritarian state of Belarus arrested a leading US anti-mob lawyer the moment he stepped off an aeroplane, the Belapan news agency reported on Tuesday. Emanuel Zeltser is director of the American Russian Law Institute (ARLI), an NGO specializing in legal and financial sector reform in the former Soviet republics. His location of detention and physical condition had not been made public nearly a week after his Wednesday arrest, which was only made public on Tuesday. 
Officials from the US embassy in Minsk confirmed uniformed police grabbed Zeltser as soon as he stepped off a London-Minsk flight.

An émigré from Russia to the US in the 1970s, Zeltser in the late 1990s sued Russia's Inkom bank and the American Bank of New York for operating financial schemes resulting in the loss of tens of millions of dollars of savings by US depositors. 
Zeltser in the late 1990s testified to the US Congress of extensive Russian organised crime links with dishonest US bankers. 
The ARLI later helped draft legislation tightening controls against money-laundering in the US and Russia.