Zeltser bought “illegal” medicines in American drugstore

A case against US lawyer Emanuel Zeltser goes to peaces. At first the lawyer was charged with forgery, but the Georgian court found the documents authentic. After two and a half months Zeltser was accused of drug-containing substances trafficking.

The main thing that worries the relatives is detention conditions. Zeltser suffers from diabetes, diabetic polyneuropathy, arthritis, lumbosacral radiculopathy, gouty arthritis, lower limb diabetic peripheral vascular disease. Such prisoner needs serious medical care.

The relatives sent a detailed list of medicines, Zeltser has had to take daily for many years, to various Belarusians organs, including Belarusian embassy in Washington. In particular, the diplomatic mission has assured the prisoner has all necessary medicines. He was shown the medications but denied access to them. Zeltser has been given only injections for diabetes from the 4 of the most important medicines for two and a half months. His lawyer Dmitry Harachka and US consul Caroline Savage say it.

According to the lawyer, Zeltser was detained “on the territory of Belarus,” after he had passed through customs control. He didn’t say any details on where exactly his client had been detrained, as the case on forgery is state secrecy, and the details are confidential.

On 27 May a new criminal case was instigated against Zeltser. He is suspect of drug-containing substances trafficking not for commercial use (part 1 of article 328 and part 2 of article 228 of the Criminal Code). The facts, these painkillers are vital for the suspected, and were legally bought at home, and besides, the diseases are in fact incurable, “will be material to the investigation.” “The question is whether they will be taken into account,” Harachka says. The lawyer told to “Belorusskiye Novosti,” Zeltser didn’t know if the medicines contained any substances that can be regarded as illegal drugs: a copy of prescription, pasted to a jar of pills, says only to whom the drug was ordered, it doesn’t contain a diagnosis, because it is forbidden by law.

Harachka clears out the details of how Zeltser was passing through customs control and the rules of entry of medicines to the country. “There are no elements of crime, and it was clear from the very beginning,” Harachka says. According to him, in Belarus cases on drugs smuggling are instigated just after it was found out, but the law enforcement bodies have carried out examination for 2.5 months.

The lawyer found it difficult to suppose which of the accusations would be final. Harachka said the very fact of appearing of a new accusation was “rather sad.”

Zeltser’s attending physician Lev Paukman sent an address to the Belarusian authorities where he said he had never informed his patient whether some medicines could contain psychotropic substances. Paukman explains confiscation of 100 items of medicines by the fact, Zeltser may not buy them in countries, he needs to visit. “Due to the lack of medications Mr. Zeltser must suffer excruciating debilitating pain. In addition, there is a real danger of the irreversible multiple internal organ damage, the process that may already be happening,” writes Mr Paukman, who has been a Zeltser’s doctor for 20 years.

The doctor confirmed in an interview to “Kommersant,” such medications as hydrocodone, butalbital and metformin, taken by Mr Zeltser, contain narcotic substance codeine. Mr Paukman stressed the amount of codeine, contained in the medications, was permitted by the US Department of Health, and used to control constant pain, Emanuel Zeltser suffered from. The doctor also said the medication were prescriptive.

Zeltser’s friends and relatives think the new criminal case against him was instigated because the court of Georgia had found authentic the documents, using of which he had been charged. Taking into account mutual recognition of judicial decisions, the Belarusian investigation can’t but use the fruits of labour of the Georgian colleagues.

Judging from a report of a KGB representative that Zeltser’s case is to be taken to court “in the nearest time,” the investigation is actually preparing documents. Even Russian businessman Boris Berezovsky was interrogated. He told in an interview to “Kommersant” he had met with a group of Belarusian investigators in London. “They asked me to give evidence on Zeltser, in particular what he and Josef Cay (Zeltser is his client – note of “BN”) lay claims to,” Berezovsky said. “I told them everything I knew.”

Besides, a judicial decision on recognition Kay owner of the inheritance of his distinct relative, Georgian businessman Badri Patarkatsishvili, will be appealed against. The appeal was filed by relatives of the businessman. However, Kay himself went to the Georgian court against them – for spreading of false information and damaged business reputation.

So, the investigation in Belarus, Georgia and the US goes on.

Note of www.charter97.org: it’s worthy to note that changing of accusation is a common method of the Belarusian authorities. Mikhail Marynich, former minister of foreign economy and Belarusian ambassador extraordinary and plenipotentiary, was arrested in the same way. He was accused of using counterfeit dollars, then, after the search of his summer cottage, of possession a gun, and then of stealing computer from his own organisation. Marynich was sentenced to 5 years ion penal colony.

It should be reminded that the US Department of State urges the Belarusian authorities to release the US lawyer immediately. The administration of George Bush said about deterioration of Emanuel Zeltser’s health in the KGB jail.

Consul of the United States Caroline Savage visited the arrested in Minsk US lawyer on 25 April.

According to the consul, Mr Zeltser told to her “he was beaten on the second and third day of the detention.” The lawyer has lost in eight, had difficulty walking and talking.