– It is not a criminal offense to collect information that is not secret, says Jon Petter Rui. He is a law professor at the University of Bergen, and is among several experts who believe it will be difficult to prove that visiting researcher José Assis Giammaria is actually a Russian spy. He is supported by law professor Alf Petter Høgberg at the University of Oslo. – In criminal law, it must be proven beyond any reasonable doubt. What has been presented to the public until now does not hold. Law professor Jon Petter Rui at the University of Bergen believes it will be difficult to prove that the accused is a spy. Photo: Bjørn Olav Nordahl / news Grave network: – Solid evidence PST has charged a guest researcher at UiT with intelligence activities against state secrets. Grave network Bellingcat believes the man, who was arrested in Tromsø, is an officer in Russia’s intelligence service GRU. – We believe we have solid evidence that he is a GRU officer who travels around the world with a Brazilian identity, says researcher Christo Grozev in Bellingcat to news. To be convicted, the accused spy must have obtained information that could “damage fundamental national interests” if it were made public. Here you can read the text of the law for which he is charged: Section 121. Intelligence activities against state secrets Anyone who, for the benefit of a foreign state, terrorist organization or without valid reason, collects or comes into possession of secret information which , if it becomes known to such a state, terrorist organization or is otherwise disclosed, may damage fundamental national interests that apply to a. defence, security and emergency situations, b. the activities, security or freedom of action of the highest state bodies, c. the relationship with others states, d. security arrangements for the representation of foreign states and at major national and international events, e. society’s infrastructure, such as food, water and energy supply, transport and telecommunications, health emergency or the banking and monetary system, or f. Norwegian natural resources. José Assis Giammaria, or Mikhail Valerievich Mikushin as PST believes his name is, was a visiting researcher at UiT. His research group addressed topics such as public security, preparedness and hybrid threats. – I assume that the group does not process secret information that could damage national interests if it becomes known, says Rui. He elaborates: – If you’re going to get access to state secrets in the Norwegian state, you can’t just go to anyone. A security clearance is then required. The police: – Some measured optimism The case started with the Police Security Service (PST) asking the Ministry of Justice to consider deportation and revocation of the residence permit, because they believed he had given the wrong name and nationality. On Friday, he was also charged with illegal intelligence activities. Then PST held a press conference on the progress of the investigation. There, police attorney Thomas Blom admitted that a lot of work remains before the man can be prosecuted – and possibly convicted – for espionage. – It is with somewhat measured optimism that section 121 of the Criminal Code is unleashed. The provision as it is now designed and the legal practice we have on this, is not necessarily adapted to the conditions we now find ourselves in, he said. No briefcase full of secret documents Blom says these provisions were designed in a different time. – Then there was talk of documents and so on, classic Treholt problems, you are caught with a suitcase full of secret documents. That is no longer the case and what are fundamental national interests?, asks the police attorney. PST nevertheless believes that the visiting researcher has received significant information at the University of Tromsø. – Just gaining access to some of these research environments, which in many ways are the premise provider for the authorities’ policy-making in the Nordic areas and other things, is of significant national importance. – It is a long canvas to whiten, says police attorney at PST, Thomas Blom, about the investigation. Photo: Javad Parsa / NTB Denies criminal guilt The man denies criminal guilt, but has accepted detention for four weeks. – He understands that PST must be investigated a little more, but such consent does not in any way imply any acknowledgment of criminal guilt, says defender Marijana Lozic. She will not comment on the allegations that the accused has engaged in espionage activities. – I choose not to comment on my contact with him (the accused journalist note) at the present time. news has been in contact with the Russian embassy on Saturday. They will not comment on the matter. Police attorney Blom at least hopes they can prove that the guest researcher has used false identification. – If an illegalist does what he is well trained to do, then he should not be able to be detected. And he should not attract our or anyone else’s attention. You have to have a leg and stand on the back end, and that is the immigration case. Defender Marijana Lozic says the accused understands that he is being detained. Photo: Olav Døvik / news
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– The proof requirement is very high – news Norway – Overview of news from various parts of the country
