GRU officer Pavel Rubtsov, who posed as Spanish journalist Pablo Gonzalez, was given access to investigation materials, including secret ones, before leaving the country as part of a prisoner exchange between the West and Russia, reported “Rzeczpospolita”. The National Prosecutor’s Office, referring to the case, wrote that the prosecutor is obliged to provide files to the suspect, against whom he has filed a motion to apply temporary arrest to the court, and in such a situation there is no possibility of refusing to provide them. Przemysław Nowak, spokesman for the National Prosecutor’s Office, added that the files provided did not contain any state secrets that could harm Poland.
Rubtsov was released from Polish custody as part of a recent prisoner exchange between Western countries and Russia. He operated in Poland, among other places, using his journalistic status to gather information on Ukraine for Russian intelligence services, and also aimed to gain the trust of Russian oppositionists.
Statement on the Russian agent released by Poland. Who is he?
Pavel Rubtsov saw the case files
“Rzeczpospolita” wrote on Thursday that before the spy returned to Russia, “he learned everything that was gathered on him in the Polish investigation”. “That is the procedure – the prosecutor’s office claims and argues that it could not refuse him access to files, even secret ones” – it added.
“He left with a full set of knowledge, there is a risk that he found out too much and passed it on to his principals,” says a high-ranking ABW officer quoted by “Rzeczpospolita”.
The daily also quotes the statement of the spokesman of the National Prosecutor’s Office, Przemysław Nowak, who said that “Pablo G., before closing the investigation, exercised his right specified in Article 321, paragraph 1 of the Code of Criminal Procedure”. He added that “Rubtsov was acquainted with all the evidence, including the classified material”.
§ 1. If there are grounds to close the investigation, at the request of the suspect or his defense attorney for final familiarization with the materials of the proceedings, the person conducting the proceedings shall notify the suspect and the defense attorney of the date of the final familiarization, advising them of the right to review the files in advance within a period appropriate to the importance or complexity of the case, specified by the procedural body. In order to review the files, the prosecutor may make the files available in electronic form.
“Rzeczpospolita” reported that Rubtsov had been reading the files since mid-July, for two weeks. “The suspect familiarized himself with the classified materials in the secret office of the ABW. With the unclassified ones, at the prosecutor’s office,” the spokesman for the National Prosecutor’s Office reported.
According to the ABW officer quoted by the daily, the prosecutor’s office made a mistake. “The prosecutor’s office, knowing that he would be replaced, should have denied him access based on Article 156 of the Code of Criminal Procedure. This is a provision introduced in 2021 to protect an important state interest and is a safety valve. Why was it not used?” – asks the officer.
“Rzeczpospolita” writes that the investigator who gave him access to the files did not know that Rubtsov would be released from custody, and “everything took place in a manner that has not been known to this day.”
Prosecutor’s Office: in this situation there was an obligation to provide access to the files
At noon the National Prosecutor’s Office issued a statement on the matter.
“During the preparatory proceedings, the suspect Pablo GY vel Pavel R. was placed under temporary arrest (in the period from March 2, 2022 to July 31, 2024). In accordance with Article 156 § 5a of the Code of Criminal Procedure, ‘if a motion to apply or extend temporary arrest is filed during the preparatory proceedings, the suspect and his defense attorney shall be immediately provided with the case file in the part containing the content of the evidence attached to the motion,'” we read.
“The provision of access to files for a suspect against whom a temporary arrest has been applied is therefore a code principle. There is no legal possibility of refusing access to files for a suspect against whom a request for temporary arrest has been filed. In particular, in such a situation, Article 156 § 5 of the Code of Criminal Procedure, which provides for the possibility of refusal due to ‘protection of an important state interest’ (in the case of suspects responding from freedom of speech), does not apply” – it was added. It was indicated that the necessity to provide access to files is therefore a consequence of filing a request for the application and then extension of temporary arrest.
Prosecutor’s Office on Pavel Rubtsov’s case: in this situation there was an obligation to provide access to the filesTVN24
The prosecutor’s office emphasized that “the suspect or his defense attorney have the right to file a motion for ‘final familiarization with the materials of the proceedings’ (Article 321 of the Code of Criminal Procedure)”. “When there are grounds to close the investigation, the prosecutor is obliged to provide the files to the suspect and the defense attorney. Providing access to the entire files is obligatory in such a situation and the regulations do not provide for the possibility of refusal” – it was added.
“In this case, the application for ‘final familiarisation’ was filed in 2022 and then repeated. The case files were made available on 16 July 2024 and the following days. At that time, the prosecutor did not know that at the end of July there would be reasons justifying the lifting of the temporary arrest (Article 253 § 1 of the Code of Criminal Procedure), which occurred on 31 July 2024,” the prosecutor’s office explains. As indicated by the investigators, every suspect has the right to familiarise themselves with the files. “Exceptionally, during preparatory proceedings, this right may be denied to a suspect who remains at large. It is not possible to refuse access to the files to a suspect against whom temporary arrest has been applied. After the indictment has been submitted to the court, every defendant has unlimited access to the files,” it was reported.
Spokesman of the National Prosecutor’s Office: the files did not contain any state secrets that could be harmful to Poland
The prosecutor also referred to the case at a press conference. He emphasized that in the released files, both public and classified, “there were no state secrets that could harm Poland in any way, in the slightest.”
– There are no secrets there in the sense of protecting security, in the sense of important for state security. There are no disclosed operational techniques, no data that would allow for identifying officers who are conducting any activities that should not be disclosed. The evidence, also classified, concerns the behavior of Pablo G, and therefore the essence of these proceedings – emphasized the prosecutor.
Spokesperson for the National Prosecutor’s Office: the files contained no state secrets that could harm PolandTVN24
Prosecutor’s Office: the initial selection of files is carried out by the services
Prosecutor Nowak was also asked whether, before making the files available to Pavel Rubtsov, the investigators selected what they would make available to him.
– The secret services do not share with the prosecutor’s office everything they obtain as part of secret activities or as part of other activities. They make an initial selection and they know it perfectly well and agree that if they give it to the prosecutor’s office, then sooner or later, if there are charges, it will also be made available to the suspects, because this results from human rights and also results from the principles of the Code of Criminal Procedure – he said.
The spokesman for the National Prosecutor’s Office also referred to a quote from an anonymous ABW officer, whose words were quoted in an article by “Rzeczpospolita”. It concerns his opinion that the prosecutor’s office should have denied Rubtsov access on the basis of Article 156 of the Code of Criminal Procedure.
Nowak said that this is “complete legal nonsense, because during the final acquaintance, Article 156 of the Code of Criminal Procedure does not apply at all”. – You just have to look into it. It regulates this issue during the proceedings – he noted.
Siemoniak on disclosing files to Rubtsov: I have full confidence in the prosecutor’s office
The head of the Ministry of Interior and Administration, coordinator of special services, Tomasz Siemoniak, was also asked about this situation.
– Only the prosecutor’s office can speak out on these matters, I have complete trust here. Yesterday I contacted the attorney general, the national prosecutor, we discussed these matters. We will not comment on this, all procedures have been followed – he said.
– The opinions that have appeared in the media are absolutely exaggerated – he assessed. – Generally, it is the case that the accused or suspect have access to documents, it is not the case that such a right can be deprived, (…). From the point of view of the prosecutor’s office, Polish services, all cases were conducted here in accordance with procedures – he added.
Siemoniak on the case of access to Rubtsov’s files: I have full confidence in the prosecutor’s officeTVN24
Pablo Gonzalez accused of espionage
Earlier, in mid-August, the prosecutor’s office reported that “the prosecutor from the Lublin Branch of the Department for Organized Crime and Corruption in Lublin submitted an indictment against Pablo GY vel Pavel R. to the District Court in Przemyśl on August 9.” It also reported at the time that the prosecutor accused Pablo Gonzalez vel Pavel Rubtsov of committing the crime of espionage under Article 130, paragraph 2 of the Penal Code.
“Pablo GY vel Pavel R. was accused of providing foreign intelligence (Russian military intelligence) from April 2016 to February 2022 in Przemyśl, Warsaw and elsewhere with information that, if passed on, could have been detrimental to the Republic of Poland, including as a NATO member state. The accused’s activities included obtaining and providing information, spreading disinformation and conducting operational reconnaissance,” reads the release, which also noted that Pablo GY vel Pavel R. was detained on February 28, 2022.
The prosecutor’s office also announced that the evidence concerning other collaborators (including against the suspect Magdalena Ch.) was excluded from separate proceedings, which are being continued.
The National Prosecutor’s Office also provided information about the accused. “Pablo GY vel Pavel R. was born in 1982 in Moscow. He holds Spanish and Russian citizenship. The investigation was conducted jointly with the Internal Security Agency,” the prosecutor’s office noted. It also reported that the suspect was placed under temporary arrest from March 2, 2022 to July 31, 2024. “The accused is charged with committing a crime under Article 130 § 2 of the Penal Code in the wording in force until October 1, 2023, and therefore faces a prison sentence of 3 to 15 years,” the statement noted.
The Case of Pavel Rubtsov
The case of Pavel Rubtsov, a Russian GRU officer, was described by the investigative portal FrontStory. The portal reported that when Rubtsov was detained by the ABW in February 2022, he was not alone, but with his partner, a journalist who was charged with aiding and abetting espionage. “Their more than two-year relationship opened many doors for Gonzalez,” we read in the FrontStory text, which also added that the former partner of the GRU officer “returned to the front line of news as a reporter.”
The portal also reported that the court did not agree to arrest the journalist, perhaps because the prosecutor’s charges were too weak. “For over two years since his arrest, Gonzalez will be the only suspect for Polish and foreign media,” FrontStory noted. The case of Rubtsov vel Gonzalez was also raised on Tuesday by “Wyborcza”, which reported that he would be tried in absentia. The information that Rubtsov/Gonzalez had not been convicted in Poland was confirmed in an interview with “GW” by the spokesman for the National Prosecutor’s Office, Przemysław Nowak. He said that “the investigation into the actions of Rubtsov/Gonzalez hostile to Poland has not been discontinued.” He also added that “according to the law, he can be charged in absentia, in his absence.”
On August 1, Ankara carried out the largest prisoner exchange between Russia and Western countries since the Cold War. The exchange operation included 24 people serving sentences in the United States, Germany, Poland, Slovenia, Norway, Russia and Belarus, as well as two children. Sixteen people were released from Russian and Belarusian prisons and detention centers, including Vladimir Kara-Murza, a Russian opposition figure who also holds British citizenship, Paul Whelan, a former US Marine who holds US, Canadian, British and Irish citizenship, and Wall Street Journal journalist Evan Gershkovich.
Eight people have been released from Western prisons, including Pavel Rubtsov, who was detained by Poland on the Polish-Ukrainian border in 2022.
photo-source">Main photo source: EPA/KIRILL ZYKOV/SPUTNIK/KREMLIN POOL/EPA/PAP
