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1140 North Capitol
Street, NW
Apt. 210
Washington, DC 20001
Tel: 202-898-0189 |
Page Connor Totaro,
Esq.
Director of Legal Services
Washington Area Lawyers for the Arts
410 8th Street, NW
Suite 601
Washington, DC 20004 |
May 15, 1997
"Picturegate"
(1987-1997)
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Dear Ms. Totaro:
Having exhausted all official paths and possibilities to restore my gift of aft to America - 1,500 personal works consisting of paintings, graphics, drawings, watercolours, three-dimensional compositions, collages, pop art, and sculptures; and having lost my rights as creator to my own creative works; and having lost my faith in the humaneness of this free country; I, as a resident of America who has lived nearly ten years in the U.S. capital, am hereby appealing to the Washington Area Lawyers for the Arts for pro bono legal assistance in the matter of procuring the return from Russia to Washington, D.C., of my gift of art to the American people; the restoration of my rights as author to the 1,500 works of art in question; and compensation for all the losses which I have sustained at the hands of the the U.S. Department of State's officials over the past ten years who have bome responsibility and culpability in this matter.
Pertinent information
The extraordinary circumstances of my fight for human rights in the Soviet Union from 1982 through 1987 had placed both me and my life's work of creative art under the threat of physical destruction. To avert the threat to my work, I made a gift of 1,500 works of my art to America, the country that had supported me in my struggle. This gift was made in full compliance with Soviet law, on the one hand, and with the effective American position, 28 U.S.C. 1491, on the other.
A series of important events preceded this contract:
- A personal, nearly four-hour meeting with the American ambassador and the cultural attache, Gregory Guroff, in Moscow (spring, 1984). Both diplomats are art collectors, and both accepted some of my graphics and paintings as gifts of thanks at that meeting;
- The official acceptance by the Consular Department of the American Embassy in Moscow of the documents of deed to the 1,500 works of art, accompanied by a hill catalogue of the art, which the Soviet KGB had intended to bum after the pogrom of my country studio in Akademposyolka, outside of Moscow (fall, 1984; winter, 1985; summer and fall, 1987);
- The mutual development with American diplomats in the Ambassador's residence in Moscow of the optimal conditions for the safekeeping of my work and conveying it to the Embassy in the case of my arrest, death, or exile from the Soviet Union (spring 1985);
- The multiple oral guarantees - (written confirmation was not made in light of the negative pressure from the Soviet and American sides in this instance) - of the Cultural Attache and the successive attention to the matter of this gift through the cultural, political, and consular departments of the American Embassy, from the spring of 1985 through the fall of 1987 up to the very moment of my deportation, conclusively;
- The extreme restrictions by the Soviet authorities surrounding my enforced deportation - along with my wife, whose leg they had broken - with only ten days notice and under the threat, in case of noncompliance, of being sent to jail or into the Gulag;
- In the course of those ten days, with daily contact with the American Embassy, the Consular Department from November 20 to November 30, 1987, coordinated our steps with regards to our gift,
which was ready for shipping by legal means, after our sending to the Embassy all copies of the documents of deeds and my documents transferring to them my power of attorney.
The Consul General once again once again negated my suggestion that I myself should ship the 1,500 works of
art out of the country with me when I left, and gave me - as was commonly accepted in that most tense of times - only his oral guarantee to move the works of art which I had given to America to the Embassy through my entrusted agent, promising to do this no later than two weeks after my deportation, when Gregory Guroff was scheduled to be back in Moscow, since it was he who, together with he ambassador's assistants, had worked out the conditions of the preservation and transmittal to the embassy of my gift and who provided the continuity of this matter from 1985 through 1987, being a member of the commission of the White House on American-Soviet Cultural Initiative (30 November 1987).
The guarantee of the Consul General, Max Robinson, was given in the presence of a consular employee, Jean McKenzie, who had been familiar with this situation with us and our gift over the whole preceding period of months leading up to our deportation, in the consular office of the Embassy, beneath the national flag of the United States of America. Under such conditions, representing the power and the laws of America, it never occurred us to doubt the guarantees being given.
- The crates containing the 1,500 works of art, each marked "Property of the American People and the American Government-Alexander Zhdanov," were filmed by John Ritchie and a cameraman from CBS TV in the spring of 1987, after the KGB had broken out our windows.
Just after New Years 1987 John Bayrley, the personal secretary of the Ambassador, and John Glass, the same diplomat who was helping dissidents Sakharov and Bonner, were in my studio saw the crates, which were fully prepared for shipment. On the eve of his visit to my studio the KGB broke Glass's arm, and he arrived with his arm in a sling. In the summer of 1987 the crates with my gift to America, ready for shipping, were seen by the journalist Peter Arnett from CNN TV; and in the fail of 1986 they were seen by the Moscow head of ABC-TV, his assistant A. O'Connor, and a cameramen, who twice had filmed me on the underground exhibitions of my paintings on the Chernobyl tragedy. That material must still exist in archives, and I have several photographs with these American witnesses in my possession.
Infuriated by my actions, upon my deportation from the Soviet Union The KGB threatened me with these words: "You'll be remembering us in 'your' America for the rest of your fife!"
The Special Services of both countries know each other well; and thus the KGB has carried out its threat: the three years of support and governmental guarantees from the American diplomats in regards to my gift to America turned out to be a bluff, which turned into a tragedy. All the same, the CIA and the U.S. government must still investigate and determine which of the diplomats were playing into the KGB's hands in the matter, the international authority of the United States has been seriously undermined by "Picturegate."
America's authority in the world, and the nearly ten years of my extremely exhausting life in Washington with its single-minded "foolish and senseless" - and resultless - opposition to the lawlessness of the U.S. State Department, obligate the government of the United States to restore the status quo, with the assistance of the lawyers for the Arts.
The participants and culpable parties in this tragedy are known:
- The culpable diplomats, former and current officials of the U.S. State Department: Gregory Gouroff, Arthur. Hartman, John Beyrly, Marsha Barns, John Bums, Roger Delay, Jean McKeanzy, Max Robinson, Jack Matlock, and Mark Chaplin;
- The officials of the Soviet-Russian Desk of the U.S. State Department Alexander Vershbow, Larry Napper, and John Herbst.
- The Legislative Assistants to the Secretary of State: Janet Mullins and Barbara Larkin.
- Officials of the Control Branch, Office of Freedom of Information, who have crudely violated the Freedom of Information Act from 1988 through the present: Rosemary Melendi and Margaret Grapelo.
Apparently, Lawyers for the Arts should, in the first instance:
1) Request receipt from the U.S. Department of State within the legally established deadlines of all copies of protocols of all investigations, beginning in 1988 and concluding with April 10, 1996 (Barbara Larkin). I have not personally, in ten years, been able to obtain a single copy, which leads me to conclude the "investigations" are purely fictional and suggests many years of discrimination. I have been awaiting copies of the protocol of the last official "closure" of the matter of Picturegate since Aug. 16, 1996 - nine months, instead of the dictated three: [file # 9 603 072, Control Branch, Office of Freedom of Information, U.S. Department of State).
2) Insist on a real, as opposed to fictional, investigation of Picturegate, with my participation as well as the participation of all of the above-named officials. Such investigation should be formally documented, not just written off with unsubstantiated memorandums as has been the case so many times previously in the disinformation passed to Congress. Concrete deadlines for disclosure in the nearest possible future must be established. Such an investigation will reveal the entire mechanism of Picturegate's foundations: who did this, and for whom, and for what incentives? After all, I could have taken those 1,500 works of art with me out of the country when I was deported, a suggestion I put to the American embassy on each of the ten days leading up to my departure and one which they continuously negated.
3) As a result of a real investigation of Picturegate, at the instigation of Lawyers for the Arts, I would expect:
- Either an agreement to transport from Russia to the United States all 1,500 works of art which I gave to America, which are still legally documented as my property and America's (mine by my rights as their creator);
- Or an official refusal to recognize my gift as American property, which will return to me my work as my own property and restore my rights as the works' creator to all the work of my Soviet period;
- In either circumstance, the U.S. State Department must take upon itself the transportation of those works which have been saved and regathered, from two locations in Russia, to the United States;
- In either circumstance, the U.S. State Department must compensate me for all losses incurred to me, my works, my rights, my health, my profession and professional name, for the period of my life in America over the past ten years;
- Former Ambassador Arthur. Hartman and former Cultural Attache Gregory Gouroff must return to me all works of art they received from me in Moscow, or monetarily compensate me for those works accordingly;
- The size of the general and personal compensation in this matter is a separate question, for which exist analogies in the evaluation by American specialists in the art of the Soviet avant-garde of 1950s-1980s, in particular the collection of Norton Dodge of Russian underground art from the '50s through the '80s. The dynamics of the growth of such compensation was stated by me in my protest to President Clinton of 1994: "Without Rights In America!": To me (or) to my heirs you must pay the bill for the culpable diplomats and officials of the U.S. State Department:
- $35 million + $10 million for each year beginning from 1994, if my work is not brought from Russia and bureaucrats continue each year to continue to push this matter into a blind alley;
- II $10 million for the first ten years of discrimination against me + $15 million for the loss of my rights as creator + $1 million for each year, beginning from 1988 and continuing until such time as a true investigation of this matter is undertaken.
I am attaching to this statement copies of all relevant documents.
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