Following the official asylum petition by Edward Snowden to the Russian authorities, RT interviewed Lawyer Anatoly Kucherena who consults Snowden. He has explained to RT the intricacies of the Russian asylum process.
Kucherena elaborated on the personal motivation of Edward
Snowden’s petition and highlighted the legality of such a
request. He stressed that the Russian decision to review the
asylum request was based on the “human rights” aspect of
the issue.
RT:Can you walk us through the steps of obtaining
asylum in Russia for Mr Snowden.
Anatoly Kucherena: Yesterday Mr Edward Snowden invited me
for a meeting, so I can explain to him the Russian laws. We spent
a lot of time in discussion yesterday where he asked questions
and I explained everything to him regarding Russia’s refugee
laws, in regards to receiving political asylum, and in regards to
receiving a temporary asylum. In terms of his legal status,
receiving political asylum or temporary asylum would not change
status. In terms of receiving political asylum status, the
procedure is quite long - 6 months. Receiving a temporary asylum
will only take up to 3 months. He chose this option.
It is understandable that he is morally tired, being kept in the
transit zone of Sheremetevo airport. I understand that being kept
there is difficult. That is why he made this decision. If the
Federal Migration Service (FMS) rules in favor of his asylum
request, that was handed over in my presence and officially
accepted and registered by FMS, then he will receive asylum
status for one year. This status he could renew further for
a year and then another year, as he sees fit. But in this case,
we’re talking about his will, because in this situation, he had
to fill out the application. I was there just to consult on the
legal matters in this field.
RT:Do I understand it correctly, that until a decision
on the petition is made he cannot leave the confinement of
Sheremetevo airport?
AK: He could leave the neutral zone of Sheremetevo airport
only when he receives proper paperwork, meaning that he does not
have to wait for a final decision on his petition. He will be
given appropriate paperwork. Afterwards, if FMS rules in favor of
his petition, he will be issued a refugee ID allowing him to
remain in the Russian Federation for a year with full rights and
privileges of a Russian citizen.
RT:Once Mr. Snowden is allowed to leave the airport,
will he get accommodation or will he need to resolve this on his
own?
AK: He will most likely be handling this on his own, but
we agreed that he would consult with me. He asked me to be his
lawyer, so I would not leave him. I would of course help him. In
terms of his future fate, it is difficult to say in regards to
his settling in and accommodation. Those are the questions he
will need to resolve, once a decision on his legal status in
Russia is made.
RT:You have stated today that Mr Snowden has promised
to stop damaging the US’s reputation. Does that mean that he will
halt his whistleblowing activities?
AK: We had also discussed this issue and he has assured me
that President Putin’s request to stop his activity against the
US is “attainable.” And it is an important question,
because I believe that Mr Putin first of all understands that
there’re state interests and there’re human rights. If all of
this is weighed and measured, then of course human rights take
the upper hand. They have to be more important.
And Russia’s humane approach in resolving this issue, without a
doubt bears witness to the fact that no matter who or which
country the individual comes from, in times of such difficult
personal troubles, we have to act humanely toward that
individual. Therefore, Mr Putin’s request in respect to the US
and the overall Russian attitude signifies that we all have a
good attitude towards the United States.
Of course there’re politicians that want to use certain issues
for their personal advantage, but overall it is this request by
Mr Putin that testifies that our good relations cannot be ruined
by some nuances in domestic or foreign policy approaches.
I consider this question of vital importance and we need to
understand it correctly, that today this issue had to be
resolved. The issue was not being resolved only because Edward
did not know how to act. Nobody could advise him, because being
in the presence of airport employees, of course he understood
that there had to be an expert, a lawyer who would advise him on
how to correctly fill out the forms, which had plenty of
questions, such as the place of birth, parent’s name, personal
motivation statement.
And there, when asked a question by the FMS agent why he chose to
file a petition in Russia and why he came here, he replied that
he fears for his life and wellbeing, that he is also afraid of
torture, and that he could get executed. And what he says sounds
quite convincing, because the US still administers capital
punishment and torture.
Therefore, I believe that under such circumstances and his
written petition, it is necessary for him to be granted temporary
asylum. I think it will be a humane step, and since Russia is
acting humanly the US government cannot view it as a hostile step
or hostile behavior toward the US. Because they have to
understand that an individual faced with harsh life circumstances
also needs refuge and protection from the state where it happens
to be.
RT:Are the guarantees issued by Snowden temporary?
Could he resume his activities after asylum is granted?
AK: You know, after talking to him for a while during our
three meetings, I believe that he will be true to his word.
Obviously, based on his moral stance he is a human rights
activist, because yesterday and today we covered a number of
questions that arise from everyday life both in Russia and US and
in Europe. From his replies, I can understand that he is an
adamant human rights activist and when he says that his past
employment duties blatantly violated universal human rights, he
says it sincerely. Because he, unlike someone else, understands
that he used certain methods to spy on people, to read their
communication.
To tell you the truth, the first time we met, when he met the
human rights activists, he started his speech with “dear ladies
and gentlemen, in front of you, you see an individual who until
recently listened to your phone conversation and read your
communications.” Therefore, I personally think that he is an
ideologically driven person that thinks that it is unacceptable
to violate universal human rights on such a large scale.
RT:Why do you think Mr Snowden has not yet decided
whether or not he will travel to Latin America?
AK: I think now, his moral and psychological state
requires him to understand how his fate will play out in the time
to come. Because he, answering FMS’s questions, replied that he
has never witnessed such persecution conducted by the US
government in regards to other people.
This is disproportionate pressure. These are disproportionate
requirements on behalf of the US government for us, Russia in
regards to his deportation. There is no law in place that would
require Russia to extradite him. I’ve addressed this question to
our American colleagues asking them to name a legislative norm
that would allow you to extradite Edward. There is no such law.
There is no such clause in international law or our national law.
RT:Did you volunteer to help Edward Snowden?
AK: I volunteered for this but he took the initiative, he invited
me and of course as a professional lawyer I could not leave a
person in need and because I understood that to solve this
stalemate, one needs to understand jurisprudence. I had to
explain, first of all to him, the way our laws work, what it
means to be granted this legal status, his rights, etc. The
only reason he has been stuck there for so long is because he
could not understand the process behind it. Authorities have no
communication with him. He only talks to airport staff.
RT:Do you think Mr Snowden could stay in Russia?
I’m not eliminating this possibility because he told me that he
would like to stay in Russia. He will become a citizen with all
rights and privileges.