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DATE=2/4/99 TYPE=CORRESPONDENT REPORT NUMBER=2-245091 TITLE=RUSSIA TREASON (L-ONLY) BYLINE=EVE CONANT DATELINE=MOSCOW CONTENT= VOICED AT: INTRO: RUSSIA'S SUPREME COURT THURSDAY REFUSED AN APPEAL TO DROP SPYING AND TREASON CHARGES AGAINST RETIRED NAVY CAPTAIN ALEXANDER NIKITIN. HE WAS CHARGED WITH EXPOSING STATE SECRETS IN AN ENVIRONMENTAL REPORT ABOUT NUCLEAR DUMPING PRACTICES IN RUSSIA'S ARCTIC SEA. MR. NIKITIN INSISTS THE INFORMATION IN THE DOCUMENT WAS NOT CLASSIFIED AT THE TIME IT WAS PUBLISHED. V-O-A'S EVE CONANT IN MOSCOW HAS MORE. TEXT: ALEXANDER NIKITIN RECEIVED THE JUDGMENT WITH A CLENCHED JAW, ARMS TIGHTLY BY HIS SIDE. HIS TWO LAWYERS -- WHO HAVE FOUGHT FOR THREE YEARS FOR HIS ACQUITTAL -- STOOD BY HIS SIDE. AFTERWARDS, MR. NIKITIN TOLD REPORTERS HE WAS NOT SURPRISED BY THE RULING, BUT WORRIES THE CASE MAY NEVER END. ///NIKITIN ACT IN RUSSIAN -- IN FULL AND FADE UNDER/// "I DON'T UNDERSTAND WHAT ELSE THEY CAN FIND," HE SAYS. "THEY'VE BEEN LOOKING INTO THIS FOR THREE AND HALF YEARS. SO HOW MUCH LONGER CAN THIS GO ON?" MR. NIKITIN WAS ARRESTED IN 1996 AND WAS HELD IN SOLITARY CONFINEMENT WITHOUT ACCESS TO A LAWYER FOR TWO MONTHS. LAST OCTOBER, A ST. PETERSBURG COURT RULED THE FEDERAL SECURITY SERVICE -- THE F-S-B -- WOULD NEED TO COLLECT MORE EVIDENCE AGAINST HIM. NOW, RUSSIA'S SUPREME COURT HAS AGREED. DEIDERIK LOHMAN OF THE ORGANIZATION "HUMAN RIGHTS WATCH" ATTENDED THURSDAY'S RULING. HE SAYS THE DECISION SHOWS EVEN RUSSIA'S SUPREME COURT IS AFRAID TO TOUCH THE CASE. ///LOHMAN ACT/// THIS IS CHARACTERISTIC FOR THE SYSTEM IN RUSSIA -- THE JUDICIAL SYSTEM. PEOPLE DON'T WANT TO TAKE RESPONSIBILITY FOR CLOSING A CASE, FOR TAKING A REAL DECISION. BECAUSE IF YOU TAKE RESPONSIBILITY, YOU STICK OUT YOUR HEAD AND IT CAN GET CHOPPED OFF. ///END ACT/// PRESIDENT FREDERICK HAUGE OF NORWAY'S BELLONA FOUNDATION -- THE ENVIRONMENTAL GROUP THAT COAUTHORED MR. NIKITIN'S REPORT -- WAS DISAPPOINTED, BUT STILL CALLED THE RULING A SMALL VICTORY. ///HAUGE ACT/// THERE HAVE BEEN SEVERAL DIFFERENT IMPORTANT DECISIONS, WHICH PROVES THAT WE MADE SOME PROGRESS. AT LEAST THE F-S-B (SECURITY SERVICES) DIDN'T WIN. ///END ACT/// RUSSIA'S SECURITY SERVICES HAVE ONE MONTH TO GATHER MORE MATERIAL FOR THEIR CASE AGAINST MR. NIKITIN. BUT MR. NIKITIN'S LAWYERS SAY THE DEADLINE CAN BE EXTENDED INDEFINITELY. UNTIL A FINAL VERDICT IS REACHED, MR. NIKITIN MUST REMAIN IN ST. PETERSBURG UNLESS THE SECURITY SERVICES GRANT HIM PERMISSION TO LEAVE. (SIGNED) NEB/EC/PCF/JO 04-Feb-99 10:48 AM EST (1548 UTC) NNNN Source: Voice of America .