Emanuel Seltzer

EMANUEL ZELTSER
Director and General Counsel



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 US Citizen Jailed In Belarus On Hunger Strike

June 7, 2009

MINSK, Belarus (Reuters)--A U.S. citizen whose imprisonment in authoritarian Belarus last year led to protests by Washington has gone on a hunger strike, his lawyer said Tuesday.

Emanuel Zeltser, a U.S. lawyer serving a three-year prison sentence, declared a hunger strike Monday in protest at "unfounded" delays in an amnesty process that could lead to his release, his Belarussian lawyer Dmitry Goryachko said.

An expert on money laundering who once testified before Congress on Russian organized crime, Zeltser was jailed in the ex-Soviet republic last year under murky circumstances.

"Zeltser is trying to draw attention to the unfounded, in his view, dragging out of the release of a certificate by Minsk city court without which the prison colony administration cannot consider amnestying him," he said.

Goryachko explained Zeltser was seeking early release under an amnesty law approved by Belarussian President Alexander Lukashenko in May. To apply for the amnesty, he needs a court certificate proving there are no outstanding lawsuits against him, but the Minsk court has so far not delivered the document to the prison.

Goryachko also voiced concern Zeltser's already poor health would be worsened by the hunger strike. Zeltser is being held in the hospital of a prison in the city of Mogilev in eastern Belarus.

A Russian-born U.S. citizen, Zeltser was arrested on landing at Minsk airport in March 2008, and in August he was sentenced to three years in prison on charges of industrial espionage and using forged documents. The U.S. raised concerns about Zeltser's health and asked for his release on humanitarian grounds, an appeal Belarus rejected.

Supporters of Zeltser have alleged his arrest was related to his work on the disputed inheritance of Georgian billionaire Badri Patarkatsishvili, who died in London in February 2008. At the time of his arrest, Zeltser was representing Joseph Kay, a relative of Patarkatsishvili who claims to be the billionaire's heir.

Хартыя 97

Is provocation being prepared against Zeltser? 

April 4, 2009, Minsk, Belarus

Brother of the US national, imprisoned in Belarus, made public the details of a “helicopter escape”.

The statement was sent by fax on June 4 to Yury Zhadobin, state secretary of the Security Council; KGB head Vadzim Zaitsau; prosecutor general Ryhor Vasilevich; foreign minister Syarhei Martynau; minister of internal affairs Anatol Kulyashou; head of Lukashenka’s Administration Uladzimir Makei, BelaPAN reports.

The statement says Sergei Mikerov, who also calls himself Alik has been phoning to Mark Zeltser since April 9, 2009.

“He said he had been released from penal colony #15 in Mahilou where Emanuel Zeltser is kept. According to him, he “was hired by the KGB to spy upon Emanuel, but later he made friends with Zeltser and suggests a plan of escape, possibly by helicopter,” the statement says.

Mark Zeltser tells that on April 15, he informed “the US Department of State, the US Embassy in Minsk, FBI, CIA, Belarusian Embassy in Washington, Belarusian governmental agencies” about this. However, he continues to receive phone calls about the escape, the last call was made on June 3. The brother of the prisoner attached a list of phone numbers he received calls from and noticed he has records of all conversations.

Mark Zeltser regards these calls as “provocative actions of the Belarusian authorities” to “catch Emanuel, who is seriously ill, during the so called escape”. He urges “to stop provocative actions against his brother immediately and punish the persons involved in this crime”.

As Emanuel Zeltser’s lawyer Zmitser Harachka told on June 4, the administration of the penal colony hasn’t received necessary documents from the Minsk City Court and doesn’t have any formal grounds for considering a question on amnesty.

The lawyer thinks Zeltser falls within the law on amnesty signed by the Belarusian president on May 5 and published on May 7. The law provides for release of persons, not mentioned in articles 1 and 2 of the law, sentenced to not more than 6 years and having served at least a quarter of the term. Zeltser, arrested on March 12, 2008, sentenced to three years, served enough to be amnestied.

Emanuel Zeltser was detained on March 12, 2008. On August 11, he was sentenced to three years of imprisonment for attempted commercial espionage. He didn’t admit his guilt. On October 31, the Supreme Court of Belarus upheld the decision. All trials were held behind the closed doors.

The United States repeatedly called on the Belarusian authorities to release Zeltser on humanitarian grounds as his health deteriorated seriously. The lawyers and relatives say the judgement to Zeltser is equal to death sentence because of his bad health condition. They think the prisoner may not survive his detention.

 

Хартыя 97

US lawyer’s secretary confirms Boris Berezovsky’s involvement in their prosecution

Vladlena Funk, the Russian secretary of Emanuel Zeltser imprisoned in Belarus, has confirmed that Russia’s self-exiled oligarch Boris Berezovsky has been involved in the case against them.

April 4, 2009

Vladlena Funk: “Berezovsky cannot be not linked with to Zeltser’s arrest in Minsk”

A citizen of Russia Vladlena Funk, who together with a US lawyer Emanuel Zeltser was sentenced in Belarus, has given an exclusive interview to BelaPAN.

Emanuel Zeltser, a US lawyer, and his secretary, a Russian national Vladlena Funk (Bruskova), were detained in Minsk-2 airport, and charged with gathering commercial information and using fake documents.

On August 11, the Minsk city court sentenced Vladlena Funk(Bruskova) to one year of imprisonment for alleged commercial information and use of fake documents. Zeltser got three years of imprisonment allegedly for attempted industrial espionage and the use of fake documents. The Supreme Court of Belarus upheld this judgement. All trials in this case were held behind the closed doors.

On March 12, 2009 Funk was to be released. However early in the morning, right after she left the colony, police officers detained her and guarded to the temporary detention facility of the Chyhunachny district of Homel. It was decided that a deportation procedure should be used against her. Vladlena Funk spent 8 more days in isolation, and only then she was deported from Belarus.

It should be reminded that Emanuel Zeltser was a lawyer of a Georgian businessman Badri Patarkatsishvili who died in London. Another well-known businessman Boris Berezovsky was not concealing that the lawyer and his secretary arrived to Minsk in his personal plane. They arrived as they were related to issues connected with the testament of Patarkatsishvili, which had been announced fake by his Georgian relatives.

The BelaPAN news agency talked to Vladlena Funk and asked the first-hand eyewitness for the details of the case and everything related to it.

- Vladlena, how the year in Belarus passed for you?

- It goes without saying it was a difficult year. In reality, it was my first and only visit to Belarus. Having spent a year there, I understand it is not an easy country…

- Your case has a status of a state secret. What can you discuss with the press?

- In fact, nothing. I have signed a non-disclosure agreement. It is a top secret case, and I think the materials of the case won’t ever be disclosed.

After my release I want to help Emanuel Zeltser to be released as soon as possible, to help his lawyers and relatives to do everything needed for that. I was invited to Washington several times: to the Department of State, to the Congress and the Senate. I told about incarceration conditions in Belarusian prisons to the United States Senate Committee on Foreign Relations and Human rights, Helsinki Commission. I am trying not to tell a lot about the materials of the case.

At the moment we are trying to plan a necessary strategy, we are thinking over whether there would be additional problems if I tell the previously unknown facts. You should understand: the person is in the conditions of restriction of freedom, he is under their full control, and who knows how seriously he could be considered an obstacle for someone…

- Did you feel yourself exactly like this, under control? Was it a control of concrete people?

- Absolutely. I would say they are concrete people of the Belarusian authorities. I cannot say anything about the criminal case, but facts are speaking instead of me. How could a person commit a criminal case in a country where one hadn’t ever been? Your first step – and you are in the KGB.

The trial was an absolute farce. But I cannot reveal the details yet, unfortunately…

I saw Emanuel two times over the year. He looks awful. I saw him for the first time in five years after the arrest, in August, during the trial. It seemed to me that it was simply a different person. He grew twice as thin. His face was transfigured by suffering he felt every second. He almost could not walk! It was dreadful and terrible… when a person cannot walk and he is carried to the court room…

I saw him for the second time when we were transferred from the KGB detention facility to the remand prison in Valadarski Street. We knew that we were to be transferred to another institution. People usually take bags with warm clothes, food. Nobody knows where they would be taken. Emanuel had a minimum of clothes. And he couldn’t carry his bag, he was moving it with legs. It was a distressing scene…

- And what were the incarceration conditions, first in the KGB detention facility, and then in a women colony in Homel?

- The things I saw in Valadarski Street were probably the most awful sight in my life. I cannot imagine that people spend years there. I was there for 11 days, and I could hardly wait for being sent to a different place. Those awful cells covered with mould, walls and floors were rotten; no ventilation, overcrowded cells, with 16 women for 12 beds…

Guards were a story of its own. Some beasts work there. And women too, could you imagine this? One of them simply reduced me to tears. Lawyer Zmitser Harachka can confirm my words, he saw me in tears for the first time when he came to a meeting in Valadarski Street… when this monster, a young woman of less than 30 I think, entered and started to shout at all of us, adult women, not knowing who we were, humiliating us and insulting us with foul words, shouting so loud that the walls were shaking… She called us swine, nobodies. I had hysterics. When Harachka came, I couldn’t stop; tears were running from my eyes.

And you should understand a colony is a very specific institution. I cannot imagine a person to come there to work out of one’s own will.

- You worked there; you sewed quilted jackets, didn’t you?

- Not only quilted jackets. There was a clothes factory there. It works for a military industry, and everybody has to work. Those who had bad health, they made washcloths, and we were sewing clothes from cotton batting. There was lots of dust there, and this dust was heavy and acidy. And you couldn’t even take a shower after the work. I was lucky to spend the greater part of the term in the KGB detention facility, otherwise I could develop asthma or bronchitis.

I do not know how Emanuel is treated. There are simply no pills in the colony. When I had influence, I was given an aspirin pill. Go and get well as you wish.

It is awful to remember! I was counting minutes till March 12, for my release… I was waiting for that day on tenterhooks.

- But you were not set free on time. How it all happened?

- At 7 a.m., early in the morning, when people in the colony are just gathering for a breakfast, an officer and two guards came to me. They didn’t allow me to return bed-clothes. Formalities usually take time, and people are released at about the noon. And I was said at 7 a.m. to take my things and go. I was glad certainly, I didn’t want to spent even one additional hour in the colony.

It was interesting that they asked me whether I wanted to have breakfast. What for? I was to be met by a lawyer in a car, and leave on a plane on the same day. I was fed up with that thin broth, you know. And as it turned out later, some sympathetic person secretly put a piece of boiled beef, bread, a pack of sugar into my things. The administration knew I was going nowhere, and a new prison was expecting me. They were giving me things for a long stay in another prison literally… but nobody told me anything, I was sure I was to be released…

Behind the first gates between the fences a car was waiting for me. An official of the colony gave all the documents to two persons in police uniform: the passport, green card, driver’s license. I was explained that as a foreign citizen I should pass a number of procedures, and I was taken to the IVS - temporary holding facility - in one of the districts police departments of Homel.

I was met by a woman. At 8 a.m. I was given papers. The first one was a notice that on March 12 at 11 a.m. deportation of the Russian citizen Vladlena Bruskova would be considered. It was stated there I could be present at the hearings and give all the necessary documents in my defense. And immediately she gave me a paper with a decision in that hearing, that a forcible deportation should be used against me, as I constitute a threat to the national security of Belarus. And I was deprived a right to enter Belarus for 10 years.

- Were you explained when you would be released?

- I asked when the deportation would take place, and she said: tomorrow, that was Friday 13. I was to spent one night in the temporary holding facility. On March 13 at 7 p.m. nothing happened. All this time I was in a cell which had a size of a lavatory, 1.5 metre to 1.5 metre. I slept on the floor, without a blanket. It was cold, no water, no sanitary articles, no elementary things. I left the colony to travel home on the same day, I left all the things to those who had to stay in the colony for a long time. I had nothing, except the meat given to me by somebody who knew where I was to arrive in reality. But I could endure that for one day after the year of sufferings.

And on March 13 in the evening, after the working day finished, the same worker of the IVS summoned me and showed the new decree. It was told there that the term of my deportation was changed. It was to be performed when it would be convenient. No date was indicated. She couldn’t answer all my questions, whether it would take a week, a month or a year. I explained to her: have you seen my cell? I am sitting in inhuman conditions, like a cardboard dweller! She said: I know nothing, all questions should be addressed to others, it is not my decision, and nobody knows when it would happen…

On Monday, March 16, the lawyer came and brought the text of the law on deportation. The term is really not defined there.

I return to the cell and understand that it was déjà vu: the same situation a year ago. The same conditions, and I didn’t know at all, for what reason, why and for how long. Nothing was known! And I understand that the second round started. Nobody was going to release me, everything was planned from the start. When a person is there, one is under their control, and they could keep you as long as they wish.

I was waiting for another accusation, as new reasons were invented to hold me there. They were to confirm my Russian registration. When my mother brought the document, she was told: they need an answer for their inquiry. While officials in Russia said they received no inquiry.

- And why you have been released then?

- The whole story with my release on March 20 was not what those people planned, the people who had done everything for us with Emanuel to stay behind the bars. As far as I understand, a failure in the Belarusian system took place. It was a great mistake of the authorities. It is hard to imagine what exactly. I only know that on March 20 they came to me and said: take your things and go.

- Did you know to restore your rights in some way, if you thing the actions against you were illegal?

- We haven’t been given the judgement of the court yet! In fact I have nothing to challenge. In order to file a complaint to the European court on human rights in Strasbourg, one should have grounds and evidence: we had been accused, and what exactly had been done illegally.

Now the task number one for me is to help Emanuel. All his friends, colleagues, family had been doing this for all this year. And I am ready to help any way I can. You must understand, I was there, and I know how difficult it is, and I know that every day spent there is such a burden! A human does not deserve that. And moreover so, when a person is accused wrongfully for crimes not committed by him.

- You say that when you returned you read articles about your case. Was there truth about the reasons of your arrest and about the whole situation?

- There were very many versions. There were media that gave truthful picture, and those who wrote on order of those who had put Emanuel in prison. Some facts were false; they were out of place…

- Did Boris Berezovsky really give evidence during the trial in Minsk?

- I cannot speak about that at present.

- Could you confirm he is connected with the case?

- He cannot be but connected with it. But I cannot say more now, unfortunately.

- You cannot speak while Emanuel Zeltser is in prison?

- Right. When he is released (pray God everything turns alright!), and a collective decision would be adopted how to act and restore our rights.

As far as I understand, his release depends on one person. It is hard to speak about the reasons on which he is kept behind the bars. Everybody understands that now that I’m free and in the United States, there is no use to keep Emanuel in jail. If they fear a leak of information, it is already possible. It seems that he is kept behind the bars out of personal ambitions: I have imprisoned you, and you are in my power, and I will keep you there for as long as I want.

On the other hand, it is not so simple. The world community has a very negative stand to the Belarusian state’s policy because of this entire situation.

- After the events you have passed through over this year, do you believe an early release of Emanuel Zeltser is possible?

- How can a person live without optimism? For the year I was living by one hope: I will be released. I received news what was happening, how the US government was struggling, how Emanuel family were working, speak to Senators, ask for help. Every time this hope that something should happen wasn’t justified. But it is hard to live without it there. I have set a task not to give up, to live through all of this and stay myself.

And it is much harder for Emanuel to endure the detention, his health is very poor. I wish him only one thing, to become free as soon as possible.

 

NEWS RELEASE                              www.saveemanuelzeltser.com

Attn:  Justice, Human Rights, Moscow & International Editors

 

FOR IMMEDIATE RELEASE                                                CONTACT:      Trent Duffy

February 20, 2009                                                                                     +1 202 789 4365

                                                                                                                  tduffy@hdmk.org

GEORGIAN COURT UPHOLDS KEY RULING OVER DISPUTED ESTATE AT HEART OF ZELTSER IMPRISONMENT

In Striking Blow to Claims of Others, Court Says Zeltser Client Joseph Kay is Rightful Executor of Late Oligarch’s Estate

Click Here for News Article

TBILISI, GEORGIA – In a closely-watched court case, the Tibilisi Georgian Civil Court has reaffirmed the claim of Emanuel Zeltser's client Joseph Kay and has recognized Kay as executor of the late Badri Patarkatsishvili’s will.  The court first recognized Mr. Zeltser’s client as a legitimate executor of Mr. Patarkatsishvili’s estate on May 14, 2008.  

“This deals a striking blow to those who have challenged the legitimacy of claims by Joseph Kay and Emanuel Zeltser in this dispute.   Emanuel Zeltser was working for his client Joseph Kay when he was unjustly imprisoned and tortured in Belarus nearly one year ago.  This ruling should now open the door to his jail cell and lead to his immediate release,” said Oxana Adler, Board Director at the American Russian Law Institute.

Mr. Zeltser, a 55-year-old American lawyer who was taken to the former Soviet republic under mysterious circumstances and against his will, has been imprisoned in Belarus since March 12, 2008.  A secret, closed-door Belarusian trial found him “guilty” of attempted economic espionage and traveling with false documents.  The U.S. State Department has loudly protested the court proceedings throughout Zeltser’s imprisonment.

Last week, the top US Senator on the Helsinki Commission, Senator Ben Cardin (D-MD), demanded that Belarus immediately release Emanuel Zeltser.  The U.S. State Department has labeled Mr. Zeltser’s treatment by Belarus as “abuse” and said it would seek Mr. Zeltser’s release “at all levels” and “at every opportunity.” 

Last month, an independent doctor from the United States said that Mr. Zeltser faced a certain “sudden death from heart attack” if not immediately transferred to a U.S. hospital for emergency surgery.   

Pressure has been building on Belarusian President Alexander Lukashenko to release Zeltser.  The law firm Patton Boggs has requested a formal investigation by the United Nations Special Rapporteur on Torture into allegations that it believes Belarusian authorities have repeatedly tortured Emanuel Zeltser, and has also filed a 21-page complaint at the United Nations Human Rights Committee on similar grounds.

February 15, 2009

U.S. and Belarus in Dispute Over Inmate

 
 
MOSCOW — In New York, a decade ago, a Russian émigré lawyer named Emanuel E. Zeltser turned up several times on the periphery of banking scandals. Now, Mr. Zeltser is an inmate in a Belarussian prison and is at the center of an 11-month dispute between Belarus and the United States.

Mr. Zeltser was arrested under mysterious circumstances last March, moments after he landed at the airport in Minsk, Belarus’s capital. The Belarussian authorities charged him with industrial espionage and forgery and tried him in closed court against the protests of American diplomats.

Since then, American officials have been pressing for Mr. Zeltser’s release on humanitarian grounds, saying he is gravely ill and in danger of dying in custody. A senior American diplomat traveled from Washington to Minsk last month to brief the Belarussian Supreme Court about issues arising from the case, a State Department official said.

“It’s very exceptional,” said Jonathan M. Moore, the United States chargé d’affaires in Belarus. “This is the only time in my knowledge that a citizen of any country was arrested immediately upon arrival, held by the KGB, sentenced in a closed trial and has been held for so long when the state of his health is such a concern.”

Mr. Zeltser’s brother, Mark, a celebrated concert pianist, has spent $1 million pressing for his release, but he said the background to the case was byzantine enough to drive away reporters — “something so complicated,” as he put it, “that deadline cannot be made.”

Last year, Mr. Zeltser became involved in a legal battle with a Russian oligarch, Boris A. Berezovsky. At issue is the will of a Georgian billionaire named Badri Patarkatsishvili, Mr. Berezovsky’s longtime partner. After Mr. Patarkatsishvili died suddenly in February, Mr. Zeltser came forward, saying Mr. Patarkatsishvili had asked him to draw up a will which made a step-cousin, Joseph Kay, executor.

Mr. Berezovsky and Mr. Patarkatsishvili’s family members have challenged those claims. In March, after meeting with Mr. Berezovsky in London, Mr. Zeltser flew into Belarus on the Russian oligarch’s plane and was promptly arrested by Belarus’s Committee for State Security, or KGB. In an interview with the Georgian channel Rustavi-2 after the arrest, Mr. Berezovsky said that Mr. Zeltser was trying “to seize Badri’s assets through faked documents.”

Belarus would not allow American officials to monitor his trial last summer, which Mr. Moore called “especially bizarre and worrisome.” He said no Belarussian government official had “ever justified” Mr. Zeltser’s arrest.

Mr. Zeltser’s brother contends that Mr. Berezovsky arranged his arrest with the Belarussian authorities. Lord Tim Bell, a London public relations executive and adviser to Mr. Berezovsky, calls the notion “just clearly nonsense.” He said Mr. Berezovsky offered Mr. Zeltser a ride to Minsk because “he wanted to go there.”

“We don’t think anything he says is likely to have very much connection to the truth,” Lord Bell said. “We think he’s fabricated documents and fraudulent evidence.”

Andrei A. Popov, a spokesman at the Belarussian Ministry of Foreign Affairs, would not answer questions about the case or suggest any official who could. Repeated inquiries sent through Bell Pottinger, Lord Bell’s London-based public relations corporation, which represents Belarus, also got no response.

Mr. Zeltser is himself a controversial figure. He represented Inkombank, a Russian bank which collapsed in 1998, and then became embroiled in a bitter legal battle with its leadership. He also helped file a $2 billion shareholder lawsuit against the Bank of New York after it was charged with laundering money for its Russian partners.

When the Bank of New York scandal made headlines, material circulated by Mr. Zeltser and his associates figured prominently in news coverage. But former business associates accused Mr. Zeltser of having faked financial and legal documents, raising questions about his credibility.

Mr. Zeltser is now serving the 11th month of a three-year sentence, according to his lawyer, Dmitri Goryachko, who was compelled to sign a nondisclosure clause and so cannot discuss any details of the case. Belarus charged Mr. Zeltser and his secretary, Vladlena Funk, with possessing forged documents, then added charges of commercial espionage against them, as well as Mr. Kay.

In August, Mr. Zeltser and Ms. Funk were convicted of both charges. Mr. Zeltser was acquitted of charges that he possessed narcotics.

Consular officials say Mr. Zeltser’s health has declined shockingly. Albert Benchabbat, a doctor who visited from the United States this month, reported that he has “a clear and high risk of sudden death from heart attack” if he is not transferred to the United States for bypass surgery, and that continued incarceration would be “equivalent to a death sentence.” Amnesty International has also called for his release.

Meanwhile, the fight over Mr. Patarkatsishvili’s property has not abated. The oligarch’s wife and heirs have filed a lawsuit against Mr. Zeltser in the United States District Court in Manhattan, alleging that the will was faked and the assets should be split between them. Lord Bell, meanwhile, said Mr. Berezovsky was “50/50” with Mr. Patarkatsishvili and is entitled to a portion of his wealth. He described the oligarch’s legal planning as “not clever.”

“It was very Georgian,” he said. “Georgians don’t sign contracts. They shake hands.”

Papers filed by Mr. Zeltser’s defense in the New York case estimated Mr. Patarkatsishvili’s assets at $15 billion. Mr. Patarkatsishvili’s family is also contesting Mr. Kay’s purchase of a controlling share of one of the oligarch’s key assets — Imedi, one of Georgia’s most important independent news sources.

 

NEWS RELEASE                                              www.saveemanuelzeltser.com

Attn:  Justice, Human Rights, Moscow & International Editors

 FOR IMMEDIATE RELEASE                                         CONTACT:               Trent Duffy

February 12, 2009                                                                                                                            +1 202 789 4365

                                                                                                                                                          tduffy@hdmk.org

 SENATE HUMAN RIGHTS CHAMPION DEMANDS RELEASE OF AMERICAN HELD IN BELARUS

 Helsinki Commission Head Says Emanuel Zeltser Should be Freed

                 WASHINGTON— The top senator on the Helsinki Commission demanded Thursday that Belarus immediately release Emanuel Zeltser, a 55-year-old American lawyer who was taken to the former Soviet Union republic against his will nearly a year ago.

The statement from Sen. Ben Cardin, D-Md., is an indication that the powerful congressional commission will not stand for the continued mistreatment and alleged torture of Mr. Zeltser.

“No American-indeed no human being-should be subjected to the kind of treatment Mr. Zeltser has been forced to endure during his incarceration,” Cardin said. “I strongly urge the Belarusian authorities to release Emanuel Zeltser on humanitarian grounds so that he may obtain the immediate medical treatment his doctor has concluded is required if he is to live.” (see entire statement below).

Mr. Zeltser faces “sudden death from heart attack” if not immediately released for emergency surgery, said Cardin, citing a recent examination report from an American doctor.

The senator criticized President Lukashenka and Belarusian authorities for their blatant violations of human rights and said the release of Zeltser was essential to any hope of Belarus improving its standing in the global community.  

The announcement comes in the wake of the U.S. State Department declaring Zelter’s detention as “a very troubling situation.” The U.S. State Department raised concerns that Mr. Zeltser is being “abused” in prison and asserted he should be freed.  To see the U.S. State Department video and comments, click here

 

CONGRESSIONAL RECORD: February 11, 2009

SENATE - PAGE S2135

BELARUS IMPRISONMENT 

Mr. CARDIN. Mr. President, as chairman of the Helsinki Commission, I would like to bring to the attention of the Senate a situation which is literally a matter of life and death for an American citizen, Emanuel Zeltser, who has been imprisoned in Belarus since March 12, 2008. Mr. Zeltser is in desperate and immediate need of serious medical treatment-including a coronary bypass operation.

            The poor human rights record of President Lukashenka's regime is well known. No American-indeed no human being-should be subjected to the kind of treatment Mr. Zeltser has been forced to endure during his incarceration. Despite Mr. Zeltser's grave health condition-he suffers from heart disease, type 2 diabetes, severe arthritis, gout, and dangerously elevated blood pressure-Belarusian authorities have repeatedly refused to provide Mr. Zeltser with his prescribed medications.

            He was initially denied two independent medical evaluations and he has reported being physically assaulted and abused while incarcerated. Amnesty International has urged that Belarusian authorities no longer subject Mr. Zeltser to "further torture and other ill-treatment."

            Mr. Zeltser was convicted of "using false official documents"

and "attempted economic espionage" in a closed judicial proceeding. The U.S. Embassy in Minsk criticized the proceedings, noting that it was denied the opportunity to observe the trial. The State Department has repeatedly called for Mr. Zeltser's release on humanitarian grounds. So have others in Congress, especially my colleague on the Helsinki Commission, cochairman Representative Alcee Hastings.

            But now the situation appears dire. Earlier this month, Mr.Zeltser was examined by an American doctor. It was only the second time an American physician has been permitted to see Mr. Zeltser. The doctor concluded that "there is a clear and high risk of sudden death from heart attack unless the patient is immediately transferred to a U.S. hospital with the proper equipment and facilities. . . . Refusal to transfer Mr. Zeltser to a U.S. hospital is equivalent to a death sentence." Specifically, Mr. Zeltser is in dire need of a coronary bypass procedure. The doctor also determined that because he had been denied prescribed diabetes medication, Mr. Zeltser's left foot may need to be amputated.

            In response to a press inquiry in December, the State Department called for "the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn."

Based on the recent doctor's report it is apparent that such an irrevocable turn is imminent unless this American citizen can be brought home promptly for the medical treatment necessary to save his life.

            Belarus has taken some tentative steps to improve its notably poor human rights record, in particular the release of several political prisoners last August. However, Mr. Zeltser's continued, and potentially terminal, imprisonment threatens to override those initially encouraging signs. As such, I strongly urge the Belarusian authorities to release Emanuel Zeltser on humanitarian grounds so that he may obtain the immediate medical treatment his doctor has concluded is required if he is to live.

Press Releases

Obama Administration Protests U.S. Prisoner "Abuse" in Belarusian Jail in Tough New Statements

February 5, 2009

Secretary of State Clinton is “Focused” on Zeltser Case and “Wants to Know What Further We Can Do To Help,” Says State Department
 

http://www.state.gov/r/pa/prs/dpb/2009/index.htm
 

Secretary of State Hillary Clinton is personally “focused” on what the State Department today called “a very troubling situation” involving the “abuse” of an American citizen who was taken from London and sent to a KGB detention cell in Belarus nearly a year ago without any explanation. The State Department is protesting the abuse and calling for the prisoner’s immediate release.

The statements, issued on two consecutive days, were the toughest yet about the unlawful detention of Emanuel Zeltser, a 55-year-old lawyer from New York, and signals that the Obama administration will not tolerate the “abuse” of U.S. citizens abroad.

Robert Wood, State Department Deputy Spokesman, said Secretary of State Hillary Clinton has taken a personal interest in the case during the daily press briefing on February 5, 2009.
 

“We’ll continue to call for his release on humanitarian grounds. It’s a very troubling situation there. And, you know, the secretary is focused on this. She wants – she wants to know what we can do to help, what further we can do to help,” said Wood. (To view remarks or see a transcript, go to http://www.state.gov/r/pa/prs/dpb/2009/index.htm
 

Mr. Zeltser has been imprisoned in Belarus since he was taken there on March 12, 2008 under mysterious circumstances and found guilty during a closed-door, secret trial of attempted economic espionage and traveling with false documents.

Yesterday, the U.S. government said it would seek Mr. Zeltser’s release “at all levels” and “at every opportunity.” It was the first time in the unprecedented 11-month detention that the U.S. government has described his treatment as “abuse” and follows closely a recent visit by a top State Department official to Minsk for meetings on the case.

Last month, an independent doctor from the United States said that Mr. Zeltser faced a certain “sudden death from heart attack” if not immediately transferred to a U.S. hospital for emergency surgery.

The State Department also said it would “continue to call for Mr. Zeltser’s humanitarian release at all levels and at every opportunity with Belarusian officials.” The spokesman confirmed for the first time that a top U.S. official was able to visit Belarus officials about the case on January 22.

“On January 22, an attorney-advisor in the Department’s Office of Overseas Citizens Services spoke to Belarusian authorities in Minsk in response to a request for information concerning the activity of U.S. Embassies and Consulates in the provision of American Citizen Services,” a spokesman said.

Pressure has been building on Belarusian President Alexander Lukashenko to release Zeltser for several weeks.

 

http://www.foxnews.com/politics/2009/02/05/relatives-colleagues-say-american-die-belarus-prison-unless-acts/

 February 5, 2009

Relatives, Colleagues Say American Will Die in Belarus Prison Unless U.S. Acts

Relatives and colleagues of an American citizen who is being abused in a Belarus prison tell FOXNews.com he can "die at any minute" unless the U.S. government intervenes.

By Joshua Rhett Miller

FOXNews.com

 

Emanuel Zeltser in an undated photograph. (Photo: Oxana Adler)

Relatives and colleagues of an American citizen who U.S. officials say is being abused in a Belarus prison tell FOXNews.com he can "die at any minute" unless the U.S. government intervenes.

Emanuel Zeltser, a Russian-born attorney from New York, was arrested in Minsk last March following a trip overseas to pursue a legal and financial dispute with Russian billionaire Boris Berezovsky. 

"Emanuel can die at any minute," his brother, Mark Zeltser, told FOXNews.com. "He's a very sick person who needs open heart surgery immediately." 

Acting State Department Spokesman Robert Wood told reporters on Thursday that Secretary of State Hillary Clinton is "focused on" Zeltser's case and "wants to know what we can do to help" the 55-year-old attorney, who has a myriad of health conditions. 

FOX News reported exclusively on Wednesday that U.S. officials believe Zeltser has been subjected to "abuse in prison" and that they have formally protested the mistreatment to the Belarusian government. 

"We don't use the word lightly," Wood said Thursday, referring to the abuse. 

Mark Zeltser claims his brother was set up by Berezovsky in connection to a dispute over the estate of deceased Georgian billionaire Badri Patarkatsishvili. Zeltser alleges Berezovsky arranged to have his brother flown from London to Belarus, where he was arrested by the Belarusian KGB on March 12. 

Zeltser was convicted on possession of forged documents and other charges during a closed-door trial in August, at which Bereozovsky testified. Zeltser was sentenced to three years in prison. 

"Berezovsky's idea was if he neutralizes Emanuel, he could grab Badri's assets," Mark Zeltser said. "As Patarkatsishvili's attorney, Emanuel was the only one who held the documents. So just get rid of Emanuel, [Berezovsky] thought. No person, no case, no problem." 

Mark Zeltser continued, "We are talking about enormous amounts of money, about betrayal, about politics. Add to this a love story and this is 'The Count of Monte Cristo.'" 

Well-known in Russia and in the United States as an opponent of organized crime, Zeltser is the director of the American Russian Law Institute (ARLI), which has lobbied against international money laundering. In 1999, Zeltser testified in Washington before the House Committee on Banking and Financial Services during a hearing on Russian organized crime and money laundering. He has also appeared as a guest commentator on FOX News. 

According to a Web site dedicated to his release, www.saveemanuelzeltser.com, Zeltser needs medical care that is unavailable in Belarus. 

"The problem must be addressed as soon as possible," according to a Jan. 9 report by Dr. Albert Benchabbat. "Refusal to transfer Mr. Zeltser to a U.S. hospital is equivalent to a death sentence." 

Benchabbat wrote that Zeltser's medical situation is "so urgent and critical" that he would be transported directly from an airport to a New York hospital upon release. 

In addition to his heart problems, Zeltser suffers from diabetes, high blood pressure and poor circulation, according to Benchabbat's report. 

Oxana Adler, Zeltser's colleague at ARLI, said she has no doubt that her "mentor" was targeted by Berezovksy. 

"He was absolutely kidnapped," Adler told FOXNews.com. "Berezovksy hoped this was how he'd get a hold of his money." 

Adler, who has known Zeltser for more than 15 years, described him as a friendly, highly intelligent introvert who deserves better. 

"He's a great guy, I can only say great things about him," Adler said. "He's very ethical, very professional, and has taught me a lot." 

She said she last spoke to Zeltser on March 7, just five days before he was arrested along with his assistant, Vladlena Funk. 

A State Department attorney met with Belarusian officials in Minsk on Jan. 22 to respond to questions they had about American contacts with Zeltser. 

"Our embassy in Minsk continues to provide full consular services for Mr. Zeltser, including regular prison visits, protesting incidents of abuse, communicating with his family, with his lawyer, and making sure that he has access to required medication," Wood said Thursday. "And we continue to call for Mr. Zeltser's release on humanitarian grounds." 

Zeltser has endured more suffering than "one should go experience in five lifetimes," his brother said, noting that his 26-year-old son, Edward, died two years ago and he missed the funeral of his 92-year-old mother in September. 

"She knew what was happening to Emanuel," Mark Zeltser said. "She said, 'Don't let me son die in Belarus.'"

 

Fox News

February 4, 2008

U.S. Official: American Citizen 'Abused' in Foreign Prison

Emanuel Zeltser, a Russian-born lawyer from New York, was arrested in Minsk last March following a trip overseas to pursue a legal and financial dispute with billionaire Russian "oligarch" Boris Berezovsky. 

The U.S. government declared for the first time Wednesday that an American citizen detained in Belarus for nearly a year has been "abused" in prison.

The citizen, Emanuel Zeltser, is a Russian-born lawyer from New York who was arrested in Minsk last March following a trip overseas to pursue a legal and financial dispute with billionaire Russian "oligarch" Boris Berezovsky. 

Supporters of Zeltser allege Berezovsky arranged to have him spirited out of London on a private plane and transported to Minsk against his will. Last August, Zeltser was tried and convicted in a closed-door Belarusian trial on espionage and other charges, at which Berezovsky testified, and sentenced to three years in prison.

A State Department spokesman told FOX News the Obama administration has urged Belarusian authorities to release Emanuel Zeltser immediately on humanitarian grounds. A Web site dedicated to Zeltser's release, www.saveemanuelzeltser.com, says the prisoner requires heart surgery that is unavailable in Minsk, and that he will die of cardiac arrest if he is not sent to an American hospital soon.

Well known in New York legal circles, Zeltser has testified before Congress and appeared as a guest commentator on FOX News. Amnesty International and other human rights groups have taken up Zelter's case, but to no avail in Belarus, which is the last Soviet-style dictatorship in Europe.

On Wednesday, State Department spokesman Andrew Laine disclosed to FOX News that U.S. embassy officials in Minsk have been, as part of their regular consular access to Zeltser, formally "protesting [his] abuse in prison." Laine said U.S. diplomats have also sought to ensure "appropriate medical treatment for [Zeltser's] serious conditions."

On January 22, a State Department attorney met with Belarusian officials in Minsk to respond to questions they had about American contacts with Zeltser. Trent Duffy, a former White House aide to former President Bush and now a principal at HDMK, a Washington PR firm retained by Zelter's supporters, welcomed Laine's statement as the U.S. government's "toughest condemnation yet" of the treatment accorded Zeltser. 

"This is the first time the Obama administration has spoken on it," Duffy added.

 

NEWS RELEASE                          www.saveemanuelzeltser.com

Attn:  Justice, Human Rights, Moscow & International Editors

FOR IMMEDIATE RELEASE                                          CONTACT:      Trent Duffy

January 16, 2009                          +1 202 789 4365                                                                                                               tduffy@hdmk.org

 

 U.S. OFFICIAL WILL TRAVEL TO MINSK ON ZELTSER CASE 

Attorney Will Meet with Authorities Next Week

In a key development, a top U.S. State Department official in Washington, D.C. has been granted a visa by the government of Belarus to travel to Minsk for meetings on the case of the imprisoned American citizen Emanuel Zeltser.  The official works in the Office of the Legal Adviser specializing in consular issues.

“I hope and pray that this is a good sign.  My brother needs emergency heart surgery to live.  He needs his medications.  And he needs to be released from this terrible prison as soon as possible.  I am hopeful that the Belarusian authorities understand this, but it is too early to tell,” said Mark Zeltser, Mr. Zelter’s brother, who lives in the U.S.

There has been significant activity on the Zeltser case in recent days.  On Monday, an independent U.S. doctor said that Mr. Zeltser faced “sudden death from heart attack” if he was not immediately transferred to a U.S. hospital for emergency surgery. 

“Refusal to transfer Mr. Zeltser to a U.S. hospital is equivalent to a death sentence,” said Dr. Albert Benchabbat.  “The patient urgently needs invasive cardiac care not limited to by-pass surgery. Impossible to treat the patient in the current conditions. There is a clear and high risk of sudden death from heart attack unless the patient is immediately transferred to the US hospital with the proper equipment and facilities,” he said.

Pressure has been building on Belarusian President Alexander Lukashenko to release Zeltser for several weeks.  Last week, the law firm Patton Boggs requested a formal investigation by the United Nations Special Rapporteur on Torture into allegations that it believes Belarusian authorities have repeatedly tortured Emanuel Zeltser since the American citizen was mysteriously detained there nine months ago.  This follows a 21-page filing by Patton Boggs seeking Zeltser’s release at the United Nations Human Rights Committee.  The U.S. State Department, leading members of the House Foreign Affairs Committee, including the chairman and the ranking member of the Europe subcommittee, the chairman and ranking member of the U.S. Helsinki Commission, and the co-chairs of the Tom Lantos Human Rights Commission, have all called for Mr. Zeltser’s prompt release on humanitarian grounds.

 

MSNBC: Emanuel Zeltser Tortured By Belarus KGB (video)

NEWS RELEASE         

Attn:  Justice, Human Rights, Moscow & International Editors

 

FOR IMMEDIATE RELEASE                                      CONTACT:       Trent Duffy

January 12, 2009                                                 +1 202 789 4365

tduffy@hdmk.org

  US CITIZEN IN BELARUS FACING “DEATH SENTENCE” WITHOUT EMERGENCY HEART SURGERY IN US

 “There is a clear and high risk of sudden death from heart attack unless the patient is immediately transferred,” says Physician

Emanuel Zeltser faces “sudden death from heart attack” if he is not immediately transferred to a US hospital for emergency surgery, an independent US doctor said in a startling new report issued Monday following a physical examination of Mr. Zeltser.  The exam, granted after repeated requests by the US State Department, took place near Mohilev, Belarus, at penal colony #15, where Mr. Zeltser is being held. 

“Refusal to transfer Mr. Zeltser to a US hospital is equivalent to a death sentence,” said Dr. Albert Benchabbat.  “The patient urgently needs invasive cardiac care not limited to by-pass surgery. Impossible to treat the patient in the current conditions. There is a clear and high risk of sudden death from heart attack unless the patient is immediately transferred to the US hospital with the proper equipment and facilities,” he said.

 Benchabbat, the same doctor who examined Mr. Zeltser in June, 2008, is board-certified in the US and is licensed to practice medicine in the states of New York and Florida.  His entire report is attached and available below:

Dr. A. Benchabbat Medical Report 

The alarming seven-page report describes the “critical state” of Mr. Zeltser and says he “may not survive his detention” unless he gets emergency medical treatment.  It also warns that Mr. Zeltser may face amputation” because of the lack of medical care being provided by the authorities. 

“I can definitely conclude that the patient’s health is in a critical state, his medical condition has significantly deteriorated since my previous examination on June 26, 2008 and having taken into consideration the current rudimentary and insufficient medical treatment for these serious illnesses, Emanuel Zeltser may not survive his detention unless he is immediately transferred to a US hospital for an invasive cardiac treatment and care not limited to a by-pass surgery,” wrote Dr. Benchabbat in the report. 

Pressure has been building on Belarusian President Alexander Lukashenko to release Zeltser for several weeks.  Last week, the law firm Patton Boggs requested a formal investigation by the United Nations Special Rapporteur on Torture into allegations that it believes Belarusian authorities have repeatedly tortured Emanuel Zeltser since the American citizen was mysteriously detained there nine months ago.  This follows a 21-page filing by Patton Boggs seeking Zeltser’s release at the United Nations Human Rights Committee.  The US State Department and the leading members of the House Foreign Affairs Committee, including the chairman and the ranking member of the Europe subcommittee, have called for Mr. Zeltser’s prompt release on humanitarian grounds.

NEWS RELEASE

ATTN: Belarus, Human Rights, Moscow, Eastern Europe desks

FOR IMMEDIATE RELEASE CONTACT: Trent Duffy

DECEMBER 22, 2008 +1 202 789 4365

+1 202 441 1722

tduffy@hdmk.org

ZELTSER CASE BROUGHT TO UNITED NATIONS HUMAN RIGHTS COMMITTEE

Requests "Immediate Interim Humanitarian Action"

Belarus Violating International Covenant on Civil and Political Rights

American citizen Emanuel Zeltser, through his counsel, filed an urgent complaint today to the United Nations Human Rights Committee, alleging the Belarusian government is violating his civil and political rights during his detention in Belarus as a political prisoner. He is seeking immediate release.

Zeltser, who has been held captive since March 12, 2008, has faced physical beatings, inhumane and unsanitary treatment, including withholding physician-prescribed medications, during his trial in Minsk and at a penal colony in Mogilev, Belarus.

The 21-page complaint summarizes the harsh and abusive treatment Mr. Zeltser has suffered at the hands of Belarusian authorities since he was imprisoned there on March 12, 2008, especially since he never intended to visit Belarus. His last memory before he awoke in Belarus was having a cup of coffee in London.

Since that time, he has been subject to physical beatings, deprived of his prescriptions, suffered severe pain and mental deterioration, and denied proper medical treatment.

The US State Department and several leading Members of the US House of Representatives have called for Mr. Zeltser’s Release.

The full complaint text

 

NEWS RELEASE

FOR IMMEDIATE RELEASE                                CONTACT:        Trent Duffy

December 18, 2008                           +1 202 441 1722

                                                                                                            tduffy@hdmk.org

 US CONGRESS PUSHES BELARUS TO RELEASE

US PRISONER EMANUEL ZELTSER

 Senior Lawmakers Decry Treatment, Join US State Department, Amnesty International and Others  in Upping Pressure for Prisoner’s Release

 “We strongly urge you to immediately release Mr. Zeltser,” say Congressmen

 WASHINGTON – In a strongly-worded letter sent this afternoon, a group of senior US Congressional leaders from both political parties who are responsible for US-Belarusian relations, called on Belarusian President Lukashenka to release Emanuel Zeltser, a US citizen being held in Belarus.  The action comes just days after the US State Department issued its strongest statement to date calling for Mr. Zeltser’s release since he was imprisoned in March, 2008.

US Congress Letter To President Lukashenka

NEWS RELEASE

ATTN: Human Rights, Moscow, Eastern Europe desks

FOR IMMEDIATE RELEASE                              CONTACT:      Trent Duffy

DECEMBER 11, 2008                                                                       +1 202 789 4365

                                                                                                            +1 202 441 1722

                                                                                                            tduffy@hdmk.org

 

US INTENSIFIES PRESSURE ON BELARUS FOR RELEASE OF AMERICAN EMANUEL ZELTSER

  “We continue to strongly urge the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn,”

Says Chief State Department Spokesman Sean McCormack

http://www.state.gov/r/pa/prs/ps/2008/dec/113090.htm

 Belarus Also Rejects US Requests for Outside Medical Treatment

 WASHINGTON – The US State Department, on the occasion of International Human Rights Day, issued its strongest statement to date (see entire statement below) calling for the release of Emanuel Zeltser, a US citizen being held in Belarus.  The US also directly contradicted Belarusian claims that Mr. Zeltser was receiving satisfactory medical care and confirmed that authorities rejected requests for an outside doctor to visit and treat Mr. Zeltser.

 “This is the strongest push we’ve seen yet from the State Department for Emanuel’s release, and we are very grateful for their efforts.  The urgency of this appeal and the stark warning that he be freed before his situation becomes irrevocable is troubling but appreciated. My brother is in very poor condition,” said Mark Zeltser, Emanuel’s brother, a US citizen and resident of Ft. Lauderdale, Florida.

United States Flag

Office of the Spokesman
Washington, DC
December 10, 2008
Question Taken at December 10, 2008 Daily Press Briefing

Update on the Status of Emanuel Zeltser (Taken Question)

Question: Please provide an update on the status of Emanuel Zeltser. When was he last visited by U.S. Embassy officials?

Answer: The well-being of American citizens abroad is the top priority for the Department of State. The U.S. Embassy in Minsk and the Department of State will continue to provide full consular services to Emanuel Zeltser as long as he remains imprisoned in Belarus.

Mr. Zeltser was last visited by a U.S. Embassy official on November 19, after his transfer to a prison in Mogilev, 2.5 hours by car from Minsk, to serve the remainder of his sentence.

The prison doctor reported the Mr. Zeltser's health was "satisfactory," even though he arrived with high blood pressure and was placed immediately into the prison medical unit where he remains. Mr. Zeltser continues to complain of chronic back and leg pain and expresses extreme concern about his high blood pressure.

The U.S. Embassy requested permission for Mr. Zeltser to be treated in a public hospital and examined by an independent doctor. Both requests were denied by Belarusian authorities on the premise that all necessary resources, including medication, are available for Mr. Zeltser's medical care. We do not agree with this assessment. During our November visit, the prison doctor requested that we help procure six additional medications for Mr. Zeltser, which we have done with the assistance of his lawyer.

In the interest of Mr. Zeltser's immediate welfare and his need for lifesaving medical care, we continue to strongly urge the Belarusian authorities to release Mr. Zeltser on humanitarian grounds before this situation takes an irrevocable turn.

2008/1037

Released on December 10, 2008

BACKGROUND: 

  • Mr. Emanuel Zeltser is a U.S. citizen born in Russia.  He is the director of the American-Russian Law Institute (ARLI).

 

  • The Belarusian KGB arrested Mr. Zeltser upon his arrival in Belarus on March 12, 2008.   He had no plans to visit Belarus.  Yet, on March 12, 2008, he and his assistant arrived in Minsk on board of Russian financier Boris Berezovsky’s plane.

 

  • Mr. Patarkatsishvili’s estate has been the subject of a legal dispute between parties represented by Mr. Zeltser and Mr. Berezovsky.  We know that deceased Georgian billionaire Badri Patarkatsishvili had no assets in Belarus. 

 

  • On March 21, 2008, Belarusian authorities charged Mr. Zeltser with the crime of possession of false documents, under Part 2 of Article 318 of the Belarusian Criminal Code.

 

  • On April 12 Mr. Zeltser was placed in a psychiatric hospital for 2 weeks, a hallmark of the Soviet era "treatment" of the political prisoners

 

  • On April 25, 2008, the U.S. State Department summoned the Belarusian charge d’affaires in Washington to call for Mr. Zelter’s release.

 

  • On April 29, 2008, the U.S. Department of State officially requested the government of Belarus to release Mr. Zeltser on humanitarian grounds.

 

  • On May 7, 2008, the human rights organization Amnesty International opened an urgent case of mistreatment of Emanuel Zeltser by Belarusian authorities.  Amnesty asked its members to write to Belarusian authorities to allow Mr. Zeltser to receive his medicine.

 

  • On May 27, 2008, Belarusian authorities charged Mr. Zeltser with bringing illegal drugs, specifically “psychotropic substances,” into Belarus.  These are the same drugs that have been his legal medications for the past 15 years.

 

  • On June 27, 2008, the Belarusian KGB formally brought charges against Mr. Zeltser.  In addition to the previous charges of possession of false documents drug smuggling, Mr. Zeltser was also now charged with business espionage under the Belarusian Criminal Code.
  • On August 6, 2008, Russian financier Boris Berezovsky testified in the trial.  As mentioned previously, Mr. Berezovsky and Mr. Zeltser are opposing counsel in a dispute over the estate of deceased Georgian billionaire Badri Patarkatsishvili.  On May 14, 2008, the Tblisi, Georgia City Court had recognized Mr. Zeltser’s client, Joseph Kay, as a legitimate executor of Mr. Patarkatsishvili’s estate.

 

  • On August 11, Mr. Zeltser was found guilty and sentenced to three years in prison for “knowingly using false official documents” and attempted commercial espionage.  Mr. Zeltser was acquitted on the drug charge.

NEWS RELEASE

FOR IMMEDIATE RELEASE                              CONTACT:      Trent Duffy

November 4, 2008                                                                              +1 202-789-4365

                                                                                                            tduffy@hdmk.org

 

US POLITICAL PRISONER IN BELARUS TRANSFERRED FROM KGB JAIL TO GULAG-LIKE FACILITY

Still Being Denied Medical Care, Prescriptions

 An American citizen and political prisoner suffering in a KGB jail in Belarus was transferred today to a different detention facility, a move many fear could potentially lead to further mistreatment.  Emanuel Zeltser, 54, is in very poor health and has been imprisoned since March 12, 2008.  The US State Department has called repeatedly for his release. 

Emanuel Zeltser is an American political prisoner whose human rights have been abused and he should be released immediately.  He has been denied justice, medical care, contact with US authorities and now he’s being deprived of even basic necessities like warm clothing.  This latest move is a throwback to the ugly days of the gulag and KGB work camps and the world should be watching,” said (Dzmitry Harachka, an attorney for Mr. Zeltser in Belarus).   

 

Reuters, Fri Oct 31, 2008 6:20am EDT

Belarus court upholds sentence on U.S. lawyer

 
MINSK (Reuters) - The Supreme Court in Belarus on Friday upheld a three-year sentence on a U.S. lawyer convicted of industrial espionage, one of several irritants in Washington's relations with the ex-Soviet state.

Emmanuel Zeltser was convicted in August four months after arriving in Belarus to represent Josef Kay, a relative of the late Georgian businessman Badri Patarkatsishvili.

Zeltser, also convicted of carrying forged documents, is in poor health, suffering from a back ailment.

"The sentence remains in effect, there are no changes," Zeltser's lawyer, Dmitry Goryachko told reporters.

"We had hoped that the Supreme Court would take a considered decision and quash the verdict. I believe the verdict is completely unlawful. The defendant denies any guilt."

Zeltser was arrested at the height of a diplomatic row with Washington and his detention and closed trial prompted U.S. protests.

Belarussian authorities asked the U.S. ambassador to leave in March after accusing Washington of toughening sanctions against oil producer Belneftekhim.

President Alexander Lukashenko has long been accused by the West of violating basic rights but relations have improved with the release in August of detainees deemed political prisoners.

A parliamentary election last month was described by Western observers as improved but still short of acceptable standards. The 27-nation European Union subsequently lifted a visa ban on the president.

Goryachko said it was up to Zeltser whether to appeal his case to the supreme court's chairman. He could also be subject to a presidential pardon, as occurred with opposition activists, including former presidential candidate Alexander Kozulin.

"If he does request a pardon it implies recognition that he is guilty of crimes he did not commit," Goryachko said.

Belarus News, October 31, 2008

United States continues to call for immediate release of Emanuel Zeltser, diplomat says

The United States continues to call for the immediate release of Emanuel Zeltser, said US Charge d’Affaires Jonathan Moore in a written comment on the Belarusian Supreme Court’s decision to reject the American lawyer’s appeal against his prison term.

“As before, we see no justification for the conduct of these legal proceedings behind closed doors, and continue to call for Mr. Zeltser's immediate release on humanitarian grounds due to the poor state of his health,” Mr. Moore said.

The Supreme Court of Belarus also rejected on October 31 an appeal from Mr. Zeltser's secretary against her prison sentence.

On August 11, Mr. Zeltser was sentenced to three years in prison in a closed-door hearing at the Minsk City Court on charges of "attempted industrial espionage" and the use of fake documents. His secretary, Russian national Vladlena Funk, was sentenced to one year in prison on the same charges.

The pair were arrested upon their arrival in Minsk in March and put into the detention center of KGB.

The 54-year-old Zeltser suffers a very ill health. He was so weak during his trial that he could not climb the four-story stairs in the court and prison officers had to carry him into the courtroom.

 

Belarus News, October 29, 2008

American law firm urges IMF to reject Belarus’ loan request 


US law firm Patton Boggs has urged the International Monetary Fund (IMF) to reject Belarus’ request for a $2-billion loan unless American lawyer Emanuel Zeltser is released from prison.

The firm has already informed the US Treasury and State Departments of its petition and plans to provide information to the US Senate’s Foreign Relations Committee, Patton Boggs lawyer Joseph Brand told BelaPAN.

“The IMF deal will not be made without the approval of the United States Government and we think there is no chance that any approval will come if Emanuel Zeltser remains in jail,” said Mr. Brand, who has provided legal advice to Mr. Zeltser.

Freedom House, an international human rights watchdog, has sent a similar petition to the IMF.

An IMF mission is currently holding talks in Minsk on the Belarusian government’s loan request.

The government said earlier this month that it would use the money to replenish the country’s gold and foreign exchange reserves.

On August 11, Mr. Zeltser was sentenced to three years in prison at a closed-door hearing at the Minsk City Court on charges of "attempted industrial espionage" and the use of fake documents. His secretary, Russian national Vladlena Funk, was sentenced to one year in prison on the same charges.

The pair were arrested upon their arrival in Minsk in March.

The 54-year-old Zeltser was so weak during his trial that he could not climb the four-story stairs in the court and prison officers had to carry him into the courtroom.
 

Belarus News, October 27, 2008

American-Russian Law Institute calls US lawyer Emanuel Zeltser political prisoner

By Maryna Rakhlei, BelaPAN

Minsk, 27 October. The American-Russian Law Institute (Arli), a New York-based public policy research and advisory organization, has described American lawyer Emanuel Zeltser, who is serving a three-year sentence in Belarus, as a political prisoner.
"Mr. Zeltser, in accordance with the Council of Europe Laws of 2001, qualifies as a political prisoner," Arli says in its October 27 appeal to the US government and international organizations.
"Mr. Zeltser was detained for political reasons unconnected to any offense," the organization notes. "He was then convicted in a closed-doors secret trial."
According to Arli, Mr. Zeltser, who is a member of its Board and General Council, "has been suffering disproportionately discriminatory treatment." “Belarusian authorities have repeatedly refused him an adequate medical care, placed him in a psychiatric hospital for two weeks, and did not provide his subscribed medicines for over six months," the organization says. "He has faced manifestly unfair criminal proceedings that signaled a desire on the part of the government of Belarus to detain him for political reasons."
Arli notes "the unusually harsh and cruel prison conditions" for Mr. Zeltser. "As recently as on October 24, the prison guards took away Mr. Zeltser's mattress as punishment for his refusal to sign a document as demanded by the prison personnel," the organization says.
It appeals to the US government, the European Union, the OSCE, and other international organizations "not to consider removing additional sanctions against Belarusian interest unless and until Mr. Zeltser is released."
Initially scheduled for September 26, the hearing of an appeal against Mr. Zeltser's prison sentence was postponed to October 31.
"I don't see any good reasons for the postponement," his defense counsel, Dzmitry Harachka, told BelaPAN on Monday.
According to him, the Supreme Court of Belarus has allowed an independent US doctor to be once again invited to see his client. Mr. Zeltser said that although he had no objections to being examined, the checkup would not make any difference, as the prison administration had ignored the recommendations given by the previous doctor, Mr. Harachka said.
Officers of the US embassy, who last visited Mr. Zeltser on October 20, reported that he had complained of worsening pain and the cold in his cell.
On August 11, the Minsk City Court found Mr. Zeltser guilty on charges of "attempted industrial espionage" and the use of fake documents. His secretary, Russian national Vladlena Funk, was sentenced to one year in prison on the same charges.
The pair were arrested upon their arrival in Minsk in March 2008.
The 54-year-old Zeltser was so weak during his trial that he could not climb the four-story stairs in the court and prison officers had to carry him into the courtroom.

 

 

Times Online

 

From The Times

July 30, 2008

Lord Goldsmith caught up in 'oligarch riddle'

Dominic Kennedy and Mark Hollingsworth

Lord Goldsmith, the former Attorney-General, has become embroiled in a suspected sting that resulted in a top anti-mafia lawyer being put on trial in secret in Belarus today.

Emanuel Zeltser, who once testified on Capitol Hill about the Russian mob, is a key character in a wrangle over the $12billion (£6billion) fortune of a Georgian oligarch found dead at his country home in Surrey. He was arrested after flying to Belarus and accused of possessing false documents. According to Amnesty International, he has been tortured in custody.

Quite how Mr Zeltser ended up in Belarus is a mystery. The lawyer flew there on a private aircraft owned by the exiled oligarch Boris Berezovsky - even though Mr Zeltser and Mr Berezovsky are on opposite sides in the fight for the fortune of the dead Georgian, Arkadi Patarkatsishvili.

A law firm representing Mr Berezovsky had already tipped off the authorities in Minsk that the lawyer might be carrying bogus material on his laptop. Lord Goldsmith, now a private lawyer and representing Mr Patarkatsishvili's widow in the case, e-mailed the Belarus Prosecutor General's office to support its investigation of Mr Zeltser and offering to swap information. His spokesman has insisted that, after mistreatment allegations were made, he urged that Mr Zeltser be dealt with properly and withdrew the offer to help.

Today's trial - to be held behind closed doors - is the latest twist arising from the death of Mr Patarkatsishvili, who was found dead at home in Leatherhead in February. A post-mortem examination showed that he had severe heart disease.

Mr Berezovsky wants half of the $12 billion legacy, since he and Mr Patarkatsishvili were business partners as well as close friends. The widow, Inna Gudavadze, is also seeking a share. However, Josef Kay, Mr Patarkatsishvili's adviser, claims that he controls the estate. Mr Zeltser, a New York lawyer, said that he was Mr Kay's lawyer and produced a laptop computer with scanned documents dated last November purporting to be a will appointing Mr Kay as executor.

On March 3 a letter was sent by Cadwalader, at that time acting for the widow and coincidentally Mr Berezovsky's law firm, to the Belarus Prosecutor-General alerting him to the alleged forgeries. There was no mention of any forthcoming visit by Mr Zeltser to Belarus.

On March 12 Mr Zeltser and his secretary boarded Mr Berezovsky's aircraft in London and flew to Minsk, where they were arrested. Lord Goldsmith sent his e-mail on March 19, saying that he now represented the widow and proposing co-operation.

Mr Zeltser has been accused of use of false documents and industrial espionage. He has also been charged with drug trafficking in relation to the prescription painkillers he takes for gout and arthritis, which contain codeine. He faces seven years in jail.

The US has demanded Mr Zeltser's release on humanitarian grounds, saying that his health may suffer irreversibly and that he may die. Friends of Mr Berezovsky denied he had anything to do with the arrest.

Belarus News, August 6, 2008

Russian oligarch Berezovsky testified at Zeltser's trial, US lawyer's brother says

Russia's self-exiled oligarch Boris Berezovsky on Monday testified at the trial of Emanuel Zeltser and his secretary, Vladlena Funk, the American lawyer's brother, Mark Zeltser, told BelaPAN.

The closed-door trial of Mr. Zeltser and Ms. Funk (Bruskova), a citizen of Russia, began on July 30. They have been held in custody in Minsk since this past March.

When reached by BelaPAN, the press offices of the Prosecutor General's Office and the Committee for State Security (KGB) said that the question about the alleged participation of Mr. Berezovsky in the hearing should be referred to the court.

An officer of the city court said that they would not disclose the names of witnesses testifying in the trial.

The press office of the Belarusian State Border Committee refused to say whether Mr. Berezovsky has recently crossed the border into Belarus.

Mr. Zeltser and Ms. Funk are facing charges of industrial espionage and the use of “knowingly false official documents.” The man also is to answer a charge of smuggling illegal drugs into Belarus. The pair deny their guilt.

The US embassy continues to be" deeply concerned" about the health and custody of Mr. Zeltser, the US charge d'affaires, Jonathan Moore, said at a news conference in Minsk on Wednesday. He said that the US embassy still did not know the exact charges brought against the American citizen and was not able to follow his medical condition.

Mark Zeltser claims that Boris Berezovsky orchestrated the arrest of Emanuel Zeltser over the assets of the late Georgian billionaire Badri Patarkatsishvili. When Mr. Patarkatsishvili died, his assets became the subject of a dispute pitting the widow backed by Mr. Berezovsky, against his step cousin, Joseph Kay, who was represented by Mr. Zeltser.

On May 14, the Tbilisi City Court in Georgia recognized Joseph Kay as a legitimate executor of the late Georgian billionaire’s assets.

 

August 7, 2008

Charter 97, Belarus

Has Berezovsky secretly arrived to Minsk to trial over Zeltser?

Emanuel Zeltser’s brother claims that Russian businessman Boris Berezovsky has given evidence as a witness in Minsk city court.

Mark Zeltser told about that in an interview to BelaPAN. As said by him, it happened on August 5.

Official agencies do not comment on these reports. In particular, Minsk city court representatives told that they do not furnish with information about witnesses invited to testify. The State Border Committee has also refused to say whether Boris Berezovsky had crossed the border, referring to the confidential character of this information. Berezovsky himself is unavailable for comment as well.

The trial in the criminal process against the US citizen, lawyer Emanuel Zeltser, who was detained in Minsk on March 12, started on July 30. Hearings are held in Minsk city court behind closed doors, as the case has a status of a state secret. Zeltser is charged with the use of forged official documents, drugs smuggling and commercial espionage. He faces up to 7 years of imprisonment.

His friends and relatives have many times stated that Boris Berezovsky is connected with the arrest of Emanuel Zeltser. The Russian businessman, who lives in the Great Britain, has confirmed in the press that he granted a personal plane to Zeltser for his flight to Minsk. He has stated that he met with a group of Belarusian investigators in London for testifying in Zeltser’s case.

US Diplomats not allowed meeting with arrested Zeltser

The US diplomats haven’t been allowed to be present at the trial in the US citizen Emmanuel Zeltser’s case which is taking place in Minsk, the US Charge d'Affaires Jonathan Moore told at a press-conference in Minsk on August 6.

He said that the US representatives hadn’t been allowed to be present at the process. The process is closed for the US diplomats as well. They do not know the charges against him and cannot follow the state of his health, the US Charge d'Affaires said. He underlined that the US still demand to release E. Zeltser on humanitarian grounds.

The head of the US diplomatic mission specified that representatives of the Embassy met with E. Zeltser only three times since March 12. One time he was visited by an American physician.

As the Charter’97 press-centre informed, on March 12 Mr Zeltser and his secretary boarded Mr Berezovsky's aircraft in London and flew to Minsk, where they were arrested. Mr Zeltser has been accused of use of false documents. Zeltser is a lawyer of US citizen Joseph Kay, a distant relative of Georgian businessman Badri Patarkatsishvili. After Patarkatsishvili had died on 13 February, J. Kay presented documents, proving he was an executor of his will. The documents were prepared by E. Zeltser, but B. Patarkatsishvili’s relatives say they were forged, after that E. Zeltser was detained in Minsk. On 13 May Tbilisi court has recognized Joseph Kay as a legitimate executor of the will, by this confirming the documents are authentic.

The details of Zeltser’s arrest are not officially commented, as the case is has a status of a state secret.

On 27 May a case on part 1 of article 328 (possession and smuggling of illegal drugs) and part 2 of article 228 (drugs smuggling) of the Criminal Code of Belarus was instituted against E. Zeltser. Zeltser’s physician appealed to the Prosecutor General Office several times saying the medicines, seized during the detention, are vital for his patient. He also said he had never informed his patient the medicines contained the substances which can be considered narcotics.

The US lawyer does not plead guilty of “industrial espionage” he is accused of, and he says it’s a “totally false case”.

Zeltser’s relatives, in particular, his brother Mark Zeltser, link his detainment with case of Badri Patarkatsishvili’s estate.

Emanuel Zeltser’s brother thinks Boris Berezovsky orchestrated the arrest of Mr. Zeltser in Belarus. Mark thinks Berezovsky planned Emanuel Zeltser’s visit to Belarus beforehand.

The US Department of State demanded the Belarusian authorities to release the American lawyer immediately. United States consul Caroline Savage visited the arrested man on 25 April. According to the consul, Zeltser said to her he had been beaten on the second and third days of his detention. The lawyer lost a considerable amount of weight, had difficulty walking and talking.

 

 August 1, 2008

American lawyer Zeltser facing fate of political prisoner, legal expert says

US lawyer Emanuel Zeltser is facing a fate of a political prisoner, Ihar Rynkevich, a legal expert who is deputy chairman of the Belarusian Social Democratic Party "Hramada," said in an interview with BelaPAN.

Mr. Zeltser will be used as a "small coin" in Minsk's bargaining with Washington, Mr. Rynkevich said. "Having arrested Zeltser, nomenclature clans in Belarus and abroad are pursuing their own financial interests, with the Belarusian judiciary used for squaring accounts. Approval for the arrest was given by the "highest ranks;" these, not the prosecutor's office or the court, will decide what judgment should be pronounced."

Emanuel Zeltser, a New York-based specialist in Russian law and organized crime, was arrested in March together with his secretary, Russian national Vladlena Funk, upon their arrival in Minsk in mid-March.

Their trial began at the Minsk City Court on July 30.

Mr. Zeltser and Ms. Funk are facing charges of business espionage and the use of fake documents. The man also is to answer a charge of smuggling illegal drugs into Belarus.

Mr. Zeltser and his secretary were charged with using fake documents when they were arrested. In May, Mr. Zeltser was charged with drug smuggling over medications that he brought into Belarus.

When commenting on the charges, Mr. Rynkevich said that it is very difficult to prove a person guilty of business espionage without the assistance of "international organizations such as Interpol or foreign counterintelligence agencies." He suggested that a lack of evidence against the pair could have prompted the country's authorities to hold the hearing behind closed doors.

Mr. Rynkevich accused the Belarusian authorities of using Mr. Zeltser to take revenge on the United States, recalling that Mr. Zeltser is a national of the United States and that his arrest came amid sharply deteriorating relations between Minsk and Washington.

He noted that "violence" had been used against the accused in custody in breach of international treaties signed by Belarus.

"This is yet another shameful case for the Belarusian judiciary for which more than one generation of Belarusian legal experts will blush," Mr. Rynkevich said.

Mr. Zeltser can be handed over to Washington if the stance of the latter on Belarus softens, he suggested. "Belarus cannot have any grounds for holding him here except for the protection of someone else's interests."

 

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.