According to Eston Kohver’s defence lawyer Yevgeni Aksyonov, FSB has hard evidence of Mr Kohver apprehended on Russian soil so he does not believe Estonian Security Police (Kapo) version of what took place.
Lawyer says Kohver «changed sooner or later»
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«Most importantly we need to realise this is a war between the intelligence [services] of two nations. Everybody says «No comments!» and then quietly somebody returns [home] to one side and someone to his home on the other side,» believes Yevgeni Aksyonov, lawyer for the Estonian security police officer Eston Kohver soon jailed in Moscow for a month.
Mr Aksyonov, in his first longer interview to Estonian media in Moscow, declared to Postimees his convictions that when it comes to the fate of Mr Kohver, Estonia’s «Kapo» and the Russian FSB are already in talks between them two. «The less statements by politicians or officials during this stage, the better for Mr Kohver,» he says, exuding confidence. «Mr Kohver is convinced he will be changed for somebody, sooner rather than later.»
During the interview in Moscow city centre Tchaikovsky concert hall’s cafe bearing the same name, Mr Aksyonov – appointed as defendant for Mr Kohver by Russian state – at least thrice returns to the swap theme, just in varying wordings.
«The solution lies in the change. The Baltics have folks jailed for working for Russia, like the podpolkovnik (lit. sub-colonel) recently arrested in Lithuania and faced with 20 years imprisonment for war crimes. The Baltics may always move somebody over someplace and do a change. This is business!» says Mr Aksyonov.
By the Lithuanian case, Mr Aksyonov means the former Soviet Army officer Juri Mel arrested in Lithuania this spring. By Lithuanian authorities, Mr Mel, a resident of Kaliningrad Oblast, Russia, stands accused of participation in attack against Vilnius TV tower in January 1991 resulting in 14 deaths.
«Factually, Mr Kohver is a prisoner of war. In my opinion, he realises he will be changed for somebody sooner or later anyway. [---] In Ukraine, prisoners-of-war exchange is underway right now. Same here. People with his qualification and experience never sit [jailed] for long,» continues Mr Aksyonov in his attempt to convince me Mr Kohver isn’t going to be kept locked up in Russia for years on end.
According to Mr Aksyonov, he’s attended two interrogations with Mr Kohver and has had two opportunities to talk to him, just the two of them, for a longer time. What catches my ear, however, is that on both occasions these private talks took place in the office of senior FSB investigator Mr Mikryomov’s office, in the building right next to Moscow Lefortovo preliminary investigation prison. Thus, there’s no doubt FSB was eavesdropping on the lawyer and Mr Kohver conversing.
According to the lawyer, Mr Kohver, suddenly snatched by FSB on September 5th from the Estonia-Russia boundary line, always carries himself with all dignity in interrogations and prison. «He is very peaceful, he is an officer you see, and an experienced person,» says Mr Aksyonov in praise of his protégée. «He has been prepared, trained for that. For him, this is like war and, factually, he is a prisoner-of-war.»
According to Mr Aksyonov, FSB perfectly realises that should they treat Mr Kohver bad, humiliating and torturing him, the exact same treatment would then befall in future FSB agents and officers caught in the West. «This is the international relations etiquette – as you do to us, so we do to you. Therefore, the attitude towards Mr Kohver is polite and dignified.»
According to the FSB version, prior to September 5th Mr Kohver had had at least three meetings on Russian soil with FSB V. V. Ivanov whom he recruited for cooperation. For the money, allegedly, Mr Kohver wanted data on people in FSB Pechory department, and on the folks in secret collaboration with them.
Estonian Secret Police has repeatedly affirmed that Mr Kohver was at vicinity of Estonia-Russia boundary line to carry out an operation related to a criminal case concerning smuggling. At that, Kapo underlines that during the entire operation Mr Kohver was definitely on Estonian territory in vicinity of border post No 121, where FSB apprehended him and took to Russian territory by force.
I’m asking Mr Aksyonov about his defence tactics: how is he intending to save Mr Kohver from the FSB jaws as good as closed tight.
Mr Aksyonov tells me his main aim is to prove that the materials allegedly bought by Mr Kohver from the FSB worker contained no Russian state secrets.
Surprised, I ask Mr Aksyonov whether he is not even intending to appeal on FSB illegally snatching Mr Kohver on the territory of another state as it is officially and steadfastly affirmed by Estonia everywhere.
Asking me to switch off the dictaphone, Mr Aksyonov lets me know he does not believe the Kapo version and thinks it imprudent to build defence on that as he says FSB has all evidence to prove Mr Kohver was standing on Russian territory.
«There will be expert assessment in order to find out how classified was the material handed over to Mr Kohver,» Mr Aksyonov goes on explaining his defence strategy as I again switch the on dictaphone. «If the materials asked by Mr Kohver were actually not labelled as «classified», that may remove the espionage accusation from Mr Kohver or lessen the accusation.»
Andrei Soldatov, a special services expert renowned in Moscow, deems such strategy by Mr Kohver’s lawyer to be very weak as amendments passed a couple of years ago explicitly say one needs not necessarily acquire state secrets in Russia to be convicted for espionage in Russia – sufficient for the state to think the documents found in foreigner’s hands damage its interests.
«Very strange that the lawyer is unaware of such vital amendments,» wonders Mr Soldatov.
According to the lawyer, FSB will not be accusing Mr Kohver in illegal crossing of border. «I came out in what the investigator said that as over there (in South-East Estonia, for us – J. P.) the way the border goes is quite unclear, people often cross the border unwillingly without even realising they did it. And, according to Russian, law, that’s an administrative matter anyway, expired in six months,» says Mr Aksyonov, explaining why it makes no sense for FSB to waste time on that.
Also, Mr Aksyonov vows to press mitigating circumstances; for him, in Mr Kohver’s case these would be that he caused no real harm, and also family issues. From the Moscow Lefortovo region court injunction of September 6th, ruling that the Kapo officer be arrested for two months, it is evident that 43 years old Eston Kohver has four children under six years of age, two of these twins.
«Sincere confession would play no role right now with mitigation of punishment as the investigation thinks they have proved and documented everything anyhow,» claims Mr Aksyonov.
There’s yet another inner conviction that the lawyer Mr Aksyonov holds, causing him to believe Mr Kohver is set for relatively rapid release. «I suspect FSB needs this case as a textbook example, the message being: do not cooperate with the opposite party’s intelligence as you will inevitably be caught sooner or later,» says Mr Aksyonov. «Mr Kohver was not the goal but the motive. I especially checked that in Pskov Oblast many FSB staff are getting caught trying to cooperate.»
«Am I getting you right: you think FSB needed Mr Kohver to fully prove the guilt of their own officer?» I ask Mr Aksyonov, just to be sure.
«Yes!» says the man, without a shadow of doubt.
Security guard turned commercial law specialist
Yevgeni Aksyonov (46) says he’s in his 15th year working as lawyer, in Moscow.
By distance learning, he graduated from law faculty at Moscow University in 1998. During the studies, already, he started working as assistant lawyer in the law office of such a very-well-known-in-Moscow layer as Aleksandr Dobrovinski. After that, he claims to have worked as jurist with the metallurgy and coal magnate Iskander Mahmudov, a man well known in Estonia as well.
Mr Aksyonov, a graduate of Kharkov Military Academy, denies having – prior to becoming a lawyer – worked in Russian interior ministry system or special services. «Before becoming a jurist, I worked as security guard and bodyguard, to pay for the studies.»
Currently he works with two colleagues at a college of lawyers called Barrister. «I’m more specialised in commercial law, and economic crimes when it comes to criminal cases,» he says regarding his work. «Earlier, I used to do a lot of bankruptcy stuff.»
As his best-known court case, Mr Aksyonov recalls the criminal procedures where the world leading news agency Reuters accused two persons in hacking.
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Thoughts by Yevgeni Aksyonov as expressed during the interview:
• It is my task as lawyer to see that Mr Kohver’s rights are not violated during preliminary investigation.
• I have a feeling that the heads of Estonian power agencies are leaving something important unsaid.
• I agree that the Russian court system is kind of convicting by nature.
• Ridiculous girls! (regarding Pussy Riot)
• Working as lawyer – it’s an emotional state!