OP WHIMBREL - X1362 OFG/3- Book 40.0003- Page 1 of 12 S.'I.DNEYBRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING ,! t:: f ~(). {1,s(l9 i~v-eJ.p;cp\~ - INQ002726 OP WHIMBREL - X1362 - OFG/3 - Book 40.0003 - Page 2 of 12 DC 9LIVER GADNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING ,, ' Date Created: 06/12/2006 (amended on 07/12/2006 and 08/12/2006) Author: DC Oliver GADNEY Title: Initial interview with Dmitry KOVTUN at Hospital No. 6, Moscow RUSSIA on Tuesday 5th December 2006 Key Point Summary UK and Russian staff were checked post-interview with an alpha detector and all were infonned that they showed no trace of contamination- this was documented by the hospital staff The extensive list of questions was redacted by the Russian team due to time constraints. Similarly, the interview was only conducted in Russian (and not interpreted) in order to maximise the time available for questioning. The actual taped - interview lasted thirteen (13) minutes (2147hrs - 2200hrs). Although KOVTUN appeared to be sick, he was more than able to answer questions and keen to assist. Report 1. On 05/12/2006 at about 17QOhrsI received a telephone call to my mobile phone from CJ,~392. The caller stated that her name was Natalya and that she was the secretary of Saak Albertovich KARAPETYAN - Head of the ChiefDirectorate for International Legal Assistance. [We had met KARAPETYAN that morning at the meeting at the Prosecutors Office]. Natalya connected me to KARAPETYAN. He asked about how and when we intended to send the list of questions to be to the witnesses. We agreed that email would be best and I obtained DPA From his tone of voice this had appeared to be KARAPETYAN' s main reason for calling. 2. After about a five minute conversation (to clarify the email address), KARAPETYAN stated that at l 800hrs (in one hour) his investigator would be arriving at his office and would then be going to interview Dmitry KOVTUN in hospital. The investigator was Alexander Vasilievich OTVODOV, whom we'd met at the morning meeting and who was introduced as Investigator for Serious Crime, from the Directorate for Investigating Serious Crime. [This directorate is part of the Prosecutors Office]. KARAPETYAN asked if we'd like to join his investigator for the interview but stated that the doctors would limit the number of people to be in the room to three two investigators and an interpreter. KARAPETYAN stressed the urgency of any response as his investigator would be leaving as soon as he arrived at the Prosecutors Office. I asked about KOVTUN' s health. KARAPETYAN stated that the hospital had INQ002727 OP WHIMBREL - X1362 - OFG/3 - Book 40.0003 - Page 3 of 12 DC OLIVER G1'.DNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING contacted him stating there was a possibility of a rapid deterioration in KOVTuTN"'s health - they also stated that they would only grant an hour long interview for health reasons Det Supt WHITE was informed and gave the go-ahead to send a group for the interview. At l 735hrs I called KARAPETYAN and agreed with him that we would meet at the Prosecutors Office for l 800hrs, meet the investigator and his team an leave for the hospital immediately afterwards.KARAPETYAN stated that the hospital was about an hour from the Prosecutors Office - he did not give the address. 3. We departed the Embassy at c. l 800hrs and arrived at the prosecutors Office at about l 830hrs. I spoke with K.ARAPETYAN and he stated that we were to wait. We waited until c. 2000hrs, whereupon we were met by OTVODOV and his team. This consisted of the following: • Vadim Aleksandrovich Y ALOVITSKY - Chief of International Legal Assistance Division. • Female Translator (nfd) • Maxim (MICl aa22yrs black short hair clean shaved, very blood-shot eyes) described by OTVODOV as his assistant. • Driver (nfd) 4. Y ALOVITSKY initially requested that the UK interviewing officer would travel with them to the hospital. YALOVITSKY gave the address of the Hospital as 30 MARSHALL NOVIKOV STREET, MOSCOW. After a little discussion, it was agreed by DI TARPEY that we would travel separately. We arrived at the hospital at c.2045hrs (heavy traffic and the Prosecutors Team becoming apparently lost twice). We were met by the Head Doctor with responsibility for the interview and KOVTUN. He gave his details as Konstantin Valentinovich KOTENKO. 5. DI TARPEY requested from OTVODOV and YALOVITSKY an indication of KOVTUN's health. They stated that it was not for them to give evidence on the doctors' behalf. They declined to give any details regarding tests for radioactive contamination or becharel counts. They stated that we would wear barrier clothing more to protect KOVTUN from infection than for our own protection. DI TARPEY explained that we were not seeking an evidential medical assessment but rather an indication of likely risks which would need to be considered and managed. Again OTVODOV and YALOVITSKY declined to give any details regarding radioactive contamination. 6. I received a safety briefing from DC HALL regarding the use of barrier clothing. This was limited by extreme time pressure and the overbearing sense of urgency being imposed by OTVODOV and Y ALOVITSKY. I had not to this point received advice and practice at putting on and removing such barrier clothing. I believe that DC Hall made the best effort he could to put across the necessary information. He had what INQ002728 OP WHIMBREL -X1362 OFG/3 - Book 40.0003- Page 4 of 12 D,COLIVER ~ADNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING felt like less than a minute to brief me. We had repeatedly asked for information from OTVODOV and YALOVITSKY regarding the environment in which I was to enter. They prevaricated and refused to answer these questions. They stated these _were questions that only KOTENKO and the other doctors could answer and that they would be allowing us access to them the next day on ih November 2006. KOTENK.O was standing with us throughout this conversation and looked clearly nervous. He made no effort to assist our risk assessment by volunteering information he may have gained from his tests and diagnosis ofKOVTUN or other relevant individuals' conditions. 7. YALOVITSKY added that although the doctors had the final say as to whether the interview should go ahead and if and when it should be terminated, nevertheless YALOVITSKY and his interview team were bound by Russian Criminal Procedural Law in that no interview can continue past 2200hrs. I queried if this was even the case in such a matter of vital importance and public health ramifications. He reaffirmed that this was the case but did not give the precise Act and Section of the legislation. We were placed under considerable pressure to conduct the interview immediately. I strongly suspected that this would be our team's first and final chance to have access to the interview such a key witness. I therefore felt under some considerable pressure to be present at the interview. DI TARPEY asked me if I was happy to continue, I stated that I was aware that the risks were being managed as best as possible given the circumstances, and that I would attend the interview. 8. I spoke to OTVODOV regarding my expectations from the interview. OTVODOV stated that they had read through the questions and chosen what seemed to them to be the most important questions considering the potential time available. He did not show me which questions had been chosen. I stated that I expected him to address as a priority the two visits to the lJK by KOVTUN in mid October and at the end of October. I stated that I expected OTVODOV to obtain full answers with precise details. He verbally agreed to these requests. The Russian interpreter played little or no role and appeared to be happy with this. She appeared nervous throughout and paid little or no attention to my word or actions. I took sufficient barrier clothing and evidence bags, as provided by DC Hall, and got in the Prosecutor's van with their team and drove into the Hospital compound. The remainder of the UK Team waited in the car park outside. The initial mood between the two teams was at best cold and susp1c1ous. 9. We entered the Hospital and went to KOTENKO's office where at 2055hrs, we introduced ourselves and he stated that he had full responsibility for both the patient , and the conduct and continuation of the interview, and that he may terminate it at any moment. All agreed to these proposals. While we were making our way to the interview area, I reiterated to OTVODOV my views about the conduct and content of the interview, again he agreed. He appeared laid back but professional, with a sense of humour in his manner and appearance. INQ002729 OP WHIMBREL X1362 OFG/3- Book 40.0003 Page 5 of 12 DC;QLIVER G~DNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING I 0. We entered the interview area at about 2105hrs. See Diagram Below I Key I H~Hw"v I - [:] ... I OG- DC OliverGADNEY DK- DmitryKOVTUN EJ I-+ I - Room A MX OTV MX-MAXIM -OTVODV Door I· f+ ~ Changing area I Room R I 3metres -- 11. The interview area consists of one hall way, and two rooms. The hall way resembled a standard office hallway, with a small table and a coat stand in the area marked Changing Area. Room A resembles a doctors' consulting room with a bed along the far end of the right hand wall (as you stand at the door). To the rear left of the room KOVTUN sat on a chair behind a small table. Along the right hand side was a table which was used by MAXIM and OTVODOV for their administration purposes (laptop & notes). Arranged in a U shape from the left wall, past the door to the right wall were seven chairs. From the left sat the following: KOTENKO, DC GADNEY, INTERPRETER, DOCTOR (nfd), YALOVITSK.IY, MAXIM and OTVODOV. MAXIM sat at the table typing on a laptop and operated the two dictaphones. OTVODOV stood throughout the interview. Room B was an office and was only entered temporarily after a getting changed out of the barrier clothing. 12. We entered the Hallway and remained in the changing area while we put on barrier clothing. I put on in order: body suit, overshoes, facemask, rubber gloves (Jx Right, 2x Left - I anticipated trying to shake KOVTUN' s hand and recovering the glove as evidence). I was not assisted by the Russian team and was largely left to my own devices. I left my suit jacket and coat unattended in the changing area during the interview. My Embassy pass remained with me throughout the interview. The Russian Team put on barrier clothing of similar quality and material as mine: INQ002730 OP WHIMBREL - X1362 - OFG/3 - Book 40.0003 - Page 6 of 12 DC c;lLIVER GADNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING overshoes (shin-high), long coat fastening at the back, head covering, facemask, rubber gloves (single). The doctors wore overshoes, white cotton coats, facemasks, head covering, but did not wear gloves. I confinned with KOTENKO that n;iy barrier clothing was sufficient. He agreed that it was. I looked to my right and saw YALOVITSKIY, who had drawn my attention by moving into a position as if directed by a need to capture a certain view and distance of me. In his right hand he held a mobile phone with a camera on the back. He held the phone such that the camera was facing me. As soon as he saw me looking at him, his eyes widened as if surprised, and then wrinkles appeared around his eyes as if smiling. DC GADNEY smiled two - and stood still as if to pose for a photograph. YALOVITSKIY immediately turned his head and eyes away from DC GADNEY and moved the phone to his right ear as I he was just receiving a call. DC GAD NEY found this strange as YALOVITSKIY had possibly not obtained the best possible view and focus of his subject. YALOVITSKIY did not offer to provide DC GADNEY with a copy of the photograph. DC GAD NEY felt it may have been rude to ask as he did not know for sure that YALOVITSKIY had actually used this phone to take a photograph or video shot of him. DC GADNEY felt that this was a pity as he was about to enter an environment potentially contaminated with highly toxic and mobile, radioactive particles. DC GADNEY felt that would have been of great assistance in any post incident inquiry to have had photographic evidence of how he was dressed in the barrier clothing provided. 13. KOTENKO ushered us into Room A but we were not each shown where specifically to sit. I chose to sit directly opposite KOVTUN in order to maximise my view of KOVTUN and any non-verbal communication opportunities. None of the interview team made to shake hands with KOVTUN and I believe I would not have been allowed to. w/4~~ ,£~ -dofi, {C . - .ct.tl, - A(.p_-aJ. I took contemporaneous notes of these proceedin . Throughout the intervie I made notes about KOVTUN's appearance -(.(f)~..i& i...,..c~_beh i~~~~ !,h~~o~~~dj~Jl ~~e~sment and identification. To t~s __ ,~._J .,..,e~~pom ~ reca11edseemg a pliotograph of'K.O'VTUN but could not remember his 'S) I"~~ "'K -fac at the time. -c~~ .l'-Q. <9.M"' ~a. ,...Nl,o-c,- t-{.;:-, .cc: 4...A..~ . -» re~~ .,I) 15 OVTUN was a white male, with (yellow) tanned skin; aged mid thirties; with brown f 1\. "'"";.~ ~yes, full brown eyebrows and full eyelashes. He had very dark rings under both eyes, · ~ .,w.with two bags under his right eye and one under his left eye. His right eye noticeably ._,J.. ~ ) inclined inwards throughout the interview (ie lazy eye). The whites of his eyes were \ ' not bloodshot and were a white/light cream colour. He had a 5mm round pock-like '· scar on the right side of the bridge of his nose. I could see black hair on his forearms. e.A., · ···· ,_He.bad wear(~hite_plaster on the.end ?fhis l_eft~iddle finger. He did not have any C,-.~-1' M noticeable scars on his knuckles. His nails were all mtact, undamaged and well /µJ~ M"I manicured. There was no hair visible on the backs of his hands or fingers. o,,. .. 2Ja.J~( al': 0q 1ri-fE>& INQ002731 OP WHIMBREL X1362 OFG/3- Book 40.0003 Page 7 of 12 DC OLIVER GADNEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING . 16. KOVTUN was wearing a blue plastic head covering ana a paper face mask similar to the Russian Interview team; cream coloured pyjama top and bottoms with pencil-thin brown vertical lines. He wore overshoes that were similar to mine. Black so~ks were visible but I could see no footwear. His head covering was noticeably close to his scalp. I compared the pattern that I could see through the blue plastic with that of the others in the room with similar head coverings, and whose hairstyle I had just seen. I was concerned that KOVTUN's hair had fallen out. I drew a representation of KOVTUN's hair pattern as I saw it through the blue plastic. The dark areas appeared in different places to normal male hair loss pattern. These marks were definitely not merely shadows cast by the head covering as they did not appear to move as he moved his head or when touched the head covering causing it to move closer or further from his scalp. An area with a width of about 5 centimetres was visible on both sides ofKOVTUN'sjaw from his ear/jaw line to the side of the face covering. He appeared very closely shaven, indeed there was no sign of stubble or a beard pattern under the skin [NB it was late evening at this point - and it is not a common Russian cultural anomaly to shave at night]. 17. KOVTUN's physical behaviour throughout the interview gave the impression that he was tired but fully alert and not in physical pain. He sat upright, he moved forwards and backwards in his chair. These movements appeared smooth and not laboured. They weren't accompanied by a pained look in and around his eyes. I match his breathing tempo with my own. He breathed as I would normally breathe when nervous, but at rest. At one stage during the questioning he breathed several shallow breaths followed by a long slow breath and a tensening of his body. I matched this and it felt like he was hyperventilating prior to some imminent anticipated physical or mental exertion. His eyes were alert and expressive. His eyes gave the look of resignation bordering on boredom, particularly when being addressed by the Russian Prosecutor. He coughed four times but did not put his hand over his mouth. As he coughed there was no pained expression in or around his eyes. The cough sounded dry and deep. There was no sound of movement of material in his chest. He coughed hard and then did not appear tired from this exertion. 18. OTVODOV delivered the questions in a fast and stern manner, speaking clearly and loudly. The interpreter paid little or no attention to the notes I was making. She only made one A5 page of notes, and wrote down at my request two home addresses given by KOVTUN and clarified the spellings of a few names during the introductions. I stated to OTVODOV that .I was happy for the interview to be conducted in Russian without an interpreter. I was mindful of the time restraints and wanted as many questions as possible to be addressed. I communicated throughout the interview in Russian. 19. The following is a precis of the interview as recorded in my original notes made contemporaneously. It does not include all the questions and answers that were given - due to the speed of the questioning and answers. Immediately after the interview, I quickly read through my notes and made limited additions with a different pen but INQ002732 OP WHIMBREL- X1362- Book 40. 0003- Page 8 0f 12 3 DC OLIVER GADNEY BRITI EMBASSY NOTES FROM PROT MEETING in black ink. On return to the Embassy, I 0 ed notes at 733011rs and made additions in blue ink as I recalled certain additional information: 15?3"" 79?? (m3 1; 11:15:51 - 1117 (911:133a!) ?10 9 h?l?dwl?? 5:96 to 9:62;! ?3 CO . i- gag; P. OP WHIMBREL - X1362 - OFG/3- Book 40.0003- Page 9 of 12 DC QLIVER _GADNEYBRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING INQ002734 OP WHIMBREL -X1362 - OFG/3- Book 40.0003- Page 10 of 12 D(: QLIVER G_ADNEYBRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING I / I I 1 "''- · , ? c; I . ~CJ1r \\ INQ002735 OP WHIMBREL -X1362 - OFG/3- Book 40.0003- Page 11 of 12 DC QLIVER GADNEY ~RITISH EMBASSY MOSCOW\ OFt;,/3 l'/VELVJ;rf:AGES-CONTAiNING ORlGJNALNOTEeS--FROMPRO-.IDCOL l\7tEETI-NG· \ INQ002736 OP WHIMBREL -X1362 - OFG/3- Book 40.0003- Page 12 of 12 D~ QLIVER ~ONEY BRITISH EMBASSY MOSCOW\ OFG/3 TWELVE PAGES CONTAINING ORIGINAL NOTES FROM PROTOCOL MEETING Ends INQ002737