Appendix 6: Abbreviations
Appendix 6: Abbreviations
¶AWE Atomic Weapons Establishment BA British Airways BBC British Broadcasting Corporation CCTV closed-circuit television CEO Chief Executive Officer CIA Central Intelligence Agency (US) CP core participant CPL Continental Petroleum Limited CPR cardiopulmonary resuscitation CPS Crown Prosecution Service CQT Control Question Technique DC Detective Constable DCI Detective Chief Inspector DI Detective Inspector DNA deoxyribonucleic acid DS Detective Sergeant ECG electrocardiograph ECPP Environmental Crime Prevention Programme EU European Union FBI Federal Bureau of Investigation (US) FPS Federal Protection Service (RF) FSB Federal Security Service (RF) FSK Federal Counterintelligence Service (RF) G8 Group of 8 forum GBq gigabecquerel GOS Government of Spain GP General Practitioner GRU Military Intelligence Directorate (RF) HMG Her Majesty's Government HPA Health Protection Agency IAEA International Atomic Energy Agency ICO International Coffee Organisation ICRF Investigative Committee of the Russian Federation ICU intensive care unit
296¶The Litvinenko Inquiry
¶IMO International Maritime Organisation IP interested person KeV kiloelectron volt KGB Committee for State Security (USSR) MI5 Security Service (UK) MI6 Secret Intelligence Service (UK) MP Member of Parliament MPS Metropolitan Police Service NCND neither confirm nor deny ORT Public Russian Television Channel PHE Public Health England PII public interest immunity Po-210 polonium 210 RCJ Royal Courts of Justice RF Russian Federation RSR Russian State responsibility RTR Russian Television and Radio SPAG Saint Petersburg Real Estate Holding Company SVR Foreign Intelligence Service (RF) UCH University College Hospital UEFA Union of European Football Associations UK United Kingdom URPO Department for Investigation and Prevention of Organised Crime (RF) US United States USA United States of America USSR Union of Soviet Socialist Republics
297Appendix 7: Restriction Notices and Orders
¶RESTRICTION NOTICE No. 1 Introduction 1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 ("the Act").2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 For the purposes of this Restriction Notice, references to:
¶a. "the Inquiry" are references to the "Alexander Litvinenko Inquiry";
b. "the Chairman" is a reference to the person appointed by the Minister to chair the Inquiry under section 4 of the Act, namely Sir Robert Owen;
c. "the Minister" is a reference to the Secretary of State for the Home Department and, after the setting up of the Inquiry, to such other Government officials as are nominated by the Minister;
d. "Core Inquiry Team" is a reference to the Chairman, counsel to the Inquiry, the solicitor to the Inquiry and such other persons as are agreed between the Minister and the Chairman and identified as such in writing;
e. "HMG advisers" is a reference to counsel and solicitors, instructed on behalf of Her Majesty's Government, and such other Government officials as are nominated by the Minister;
f. "relevant witnesses" are references to witnesses whom the Chairman directs should be called to give evidence in a closed hearing as described in paragraphs 9 to 12 below; and
g. "open rulings, judgments or reports" are references to rulings, judgments or reports produced by the Chairman in the course, or at the conclusion, of the Inquiry which may be released to the public without risking harm to the public interest.
h. "Closed hearings" are hearings of the Inquiry to which paragraphs 9 to 14 below apply.3 Marina Litvinenko 3/23-24 HMG000358 (page 3) INQ022399 (pages 23-24) This Restriction Notice is to be read as imposing no restriction on the disclosure of any document or information:
a. between members of the Core Inquiry Team for purposes connected with the Inquiry; or
¶b. to the Minister or HMG advisers.
298¶The Litvinenko Inquiry
¶Restrictions on the Disclosure or Publication of Evidence or Documents given, produced or provided to the Inquiry 4 The restrictions referred to at paragraphs 5 and 7 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act, considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.5 Marina Litvinenko 3/15 lines 14-16 Service 28/71 lines 1-4 INQ019194 Marina Litvinenko 4/8-9 Otherwise than as is permitted by this Notice, no person, whether a member of the
Core Inquiry Team or otherwise, may disclose or publish to any other person the Schedule to this Notice or any of the information contained in the documents identified in the Schedule to this Notice ("the Schedule material"). The Schedule to this Notice and the Schedule material are or refer to material which (i) was the subject of the Public Interest Immunity certificate issued by the Secretary of State for Foreign and Commonwealth Affairs and dated 7 February 2013 or (ii) had previously been shown to HM Assistant Coroner for Inner North West London during the course of the inquest into the death of Alexander Litvinenko.6 Marina Litvinenko 3/27-29; 4/80 INQ017734 (page 10, paragraph 34); Marina Litvinenko 3/137 lines 4-11 Berezovsky 25/26 lines 9-20 Reilly 10/61 HMG advisers may disclose the contents of parts of the material referred to in the
Schedule to this Notice to such other individuals and for such purposes as are identified in writing by the Minister to the Chairman.7 INQ017734 (page 3 paragraph 8) INQ016642 (page 7) INQ017734 (page 23 paragraph 80) Mascall 8/2-4 Save with the written agreement of the Minister, no reference shall be made by the
Chairman to the Schedule material in any open ruling, judgment or report arising out of the Inquiry, or otherwise, unless it has been removed from the scope of this Notice by means of a letter under paragraph 15 below.
¶Restrictions on Attendance at the Inquiry or part of the Inquiry 8 The restrictions referred to at paragraphs 9, 12,13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. and 14 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act, considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.9 Marina Litvinenko 3/3-6 HMG000078 INQ019146 (page 22 paragraph 68) Cotlick 25/76-81 March 2015 Save with the written consent of the Minister, no person, other than the Core Inquiry
Team, HMG advisers and any relevant witness, may attend any hearing of the Inquiry at which any of the Schedule material is to be considered or referred to, or at which there is, in the judgment of the Chairman, any significant risk of reference being made to such material.10 INQ017734 (page 1 paragraph 1) Marina Litvinenko 3/94; COM00002001; COM00003001 INQ022399 (page 11 paragraph 25) Chairman 32/4-19 INQ016809 INQ006067 (pages 7-8) Hearings at which such material may be considered or referred to, and which are subject to such restrictions, are to be referred to as "closed hearings". Hearings at which such material may be considered or referred to, and which are subject to such restrictions, are to be referred to as "closed hearings".11 INQ017734 (page 2 paragraph 4) INQ017680 [video] INQ019146 (page 22 paragraph 68) Mr Kovtun states that he is one year older than Mr Lugovoy in his 2 June 2015 witness statement INQ021208 (page 6). There is evidence that Mr Lugovoy was born in 1966. INQ016809 INQ006067 The Minister may give consent, in accordance with paragraph 8 above, to the attendance at a closed hearing of persons other than those identified in paragraph 9, where the person concerned is a legal representative of the witness, the Chairman indicates in writing that the attendance of the person is necessary, and arrangements are in place which the Minister considers adequate to ensure that the public interest in preventing the disclosure of the Schedule material is not damaged. The Minister may give consent, in accordance with paragraph 8 above, to the
299attendance at a closed hearing of persons other than those identified in paragraph 9, where the person concerned is a legal representative of the witness, the Chairman
¶Appendix 7 | Restriction Notices and Orders
indicates in writing that the attendance of the person is necessary, and arrangements are in place which the Minister considers adequate to ensure that the public interest in preventing the disclosure of the Schedule material is not damaged.12 Berezovsky 25/3-30 Marina Litvinenko 4/31-32; 4/41; 4/112-114 INQ019146 (page 22 paragraph 69) INQ021208 (page 6) Elenora Wall 32/81 INQ020031 No person shall produce or show to any witness any of the Schedule material, or ask any questions which tend to reveal the existence or content of such material, otherwise than in accordance with a procedure formulated by the Core Inquiry Team and agreed in writing by the Minister. No person shall produce or show to any witness any of the Schedule material, or
ask any questions which tend to reveal the existence or content of such material, otherwise than in accordance with a procedure formulated by the Core Inquiry Team and agreed in writing by the Minister.13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. The Chairman shall ensure that no transcript of the evidence given at a closed hearing
is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers.14 Berezovsky 25/6-7 Felshtinsky 23/128-131 Service 28/48 lines 3-9 Hohne 32/51 INQ015781 part 1, INQ015781 part 2; INQ015777 part 1, INQ015777 part 2; INQ015778; INQ015779; INQ015780 [videos] Dombey 23/13-39 The Chairman shall ensure that no reference is made to the substance of the evidence given at a closed hearing of the Inquiry in any open ruling, judgment or report arising out of the Inquiry, or otherwise. Amendments to this Restriction Notice November 2014 The Chairman shall ensure that no reference is made to the substance of the evidence
given at a closed hearing of the Inquiry in any open ruling, judgment or report arising out of the Inquiry, or otherwise.
¶Amendments to this Restriction Notice 15 By letter to the Chairman under this paragraph the Minister may remove from the scope of this Notice any document or information referred to in the Schedule.16 INQ017734 (page 3 paragraph 9) INQ019146 (page 25 paragraph 77) Goldfarb 26/56-57 Mascall 8/78 INQ017728; INQ020308 Dombey 23/20-32 The Chairman may invite the Minister to amend this Restriction Notice at any time upon providing the Minister with a draft of the proposed amendment and written reasons for it. The Chairman may invite the Minister to amend this Restriction Notice at any time
300upon providing the Minister with a draft of the proposed amendment and written reasons for it.17 Berezovsky 25/7 Goldfarb 26/122 INQ019146 (page 25 paragraph 77) Mascall 8/75 INQ019031; INQ019054 Dombey 23/24-30; INQ020031 (page 2 paragraphs S9-S10) The Minister may amend this Restriction Notice at any time. The Minister may amend this Restriction Notice at any time.7 INQ017734 (page 3 paragraph 8) INQ016642 (page 7) INQ017734 (page 23 paragraph 80) Mascall 8/2-4 July 2014 (as amended 21 January 2015)
¶The Litvinenko Inquiry
¶RESTRICTION NOTICE No. 2 Introduction 1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 ("the Act").2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 For the purposes of this Restriction Notice, references to:
¶a. "the Inquiry" are references to the "Alexander Litvinenko Inquiry";
b. "the Chairman" is a reference to the person appointed by the Minister to chair the Inquiry under section 4 of the Act, namely Sir Robert Owen;
c. "the Minister" is a reference to the Secretary of State for the Home Department and, after the setting up of the Inquiry, to such other Government officials as are nominated by the Minister;
d. "Core Inquiry Team" is a reference to the Chairman, counsel to the Inquiry, the solicitor to the Inquiry and such other persons as are agreed between the Minister and the Chairman and identified as such in writing;
e. "HMG advisers" is a reference to counsel and solicitors, instructed on behalf of Her Majesty's Government, and such other Government officials as are nominated by the Minister;
f. "relevant witnesses" are references to witnesses whom the Chairman directs should be called to give evidence in a closed hearing as described in paragraphs 9 to 12 below; and
g. "open rulings, judgments or reports" are references to rulings, judgments or reports produced by the Chairman in the course, or at the conclusion, of the Inquiry which may be released to the public without risking harm to the public interest.
h. "Closed hearings" are hearings of the Inquiry to which paragraphs 9 to 14 below apply.3 Marina Litvinenko 3/23-24 HMG000358 (page 3) INQ022399 (pages 23-24) This Restriction Notice is to be read as imposing no restriction on the disclosure of any document or information:
a. between members of the Core Inquiry Team for purposes connected with the Inquiry; or
¶b. to the Minister or HMG advisers.
¶Restrictions on the Disclosure or Publication of Evidence or Documents given, produced or provided to the Inquiry 4 The restrictions referred to at paragraphs 5 and 7 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
301(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act,
¶Appendix 7 | Restriction Notices and Orders
considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.5 Marina Litvinenko 3/15 lines 14-16 Service 28/71 lines 1-4 INQ019194 Marina Litvinenko 4/8-9 Otherwise than as is permitted by this Notice, no person, whether a member of the
Core Inquiry Team or otherwise, may disclose or publish to any other person the Schedule to this Notice or any of the information contained in the documents identified in the Schedule to this Notice ("the Schedule material").6 Marina Litvinenko 3/27-29; 4/80 INQ017734 (page 10, paragraph 34); Marina Litvinenko 3/137 lines 4-11 Berezovsky 25/26 lines 9-20 Reilly 10/61 HMG advisers may disclose the contents of parts of the material referred to in the
Schedule to this Notice to such other individuals and for such purposes as are identified in writing by the Minister to the Chairman.7 INQ017734 (page 3 paragraph 8) INQ016642 (page 7) INQ017734 (page 23 paragraph 80) Mascall 8/2-4 Save with the written agreement of the Minister, no reference shall be made by the
Chairman to the Schedule material in any open ruling, judgment or report arising out of the Inquiry, or otherwise, unless it has been removed from the scope of this Notice by means of a letter under paragraph 15 below.
¶Restrictions on Attendance at the Inquiry or part of the Inquiry 8 The restrictions referred to at paragraphs 9, 12,13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. and 14 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act, considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.9 Marina Litvinenko 3/3-6 HMG000078 INQ019146 (page 22 paragraph 68) Cotlick 25/76-81 March 2015 Save with the written consent of the Minister, no person, other than the Core Inquiry
302Team, HMG advisers and any relevant witness, may attend any hearing of the Inquiry at which any of the Schedule material is to be considered or referred to, or at which there is, in the judgment of the Chairman, any significant risk of reference being made to such material.
¶The Litvinenko Inquiry
¶14 The Chairman shall ensure that no reference is made to the substance of the evidence
given at a closed hearing of the Inquiry in any open ruling, judgment or report arising out of the Inquiry, or otherwise.
¶Amendments to this Restriction Notice 15 By letter to the Chairman under this paragraph the Minister may remove from the scope of this Notice any document or information referred to in the Schedule.16 INQ017734 (page 3 paragraph 9) INQ019146 (page 25 paragraph 77) Goldfarb 26/56-57 Mascall 8/78 INQ017728; INQ020308 Dombey 23/20-32 The Chairman may invite the Minister to amend this Restriction Notice at any time upon providing the Minister with a draft of the proposed amendment and written reasons for it. The Chairman may invite the Minister to amend this Restriction Notice at any time
303upon providing the Minister with a draft of the proposed amendment and written reasons for it.17 Berezovsky 25/7 Goldfarb 26/122 INQ019146 (page 25 paragraph 77) Mascall 8/75 INQ019031; INQ019054 Dombey 23/24-30; INQ020031 (page 2 paragraphs S9-S10) The Minister may amend this Restriction Notice at any time. The Minister may amend this Restriction Notice at any time.4 Marina Litvinenko 3/24-25; INQ017734 (page 3 paragraph 7); there are some small points of difference between this evidence and Mr Litvinenko's own account, given without an interpreter at the first session of his November 2006 police interviews – INQ002076 (page 3) HMG000353 INQ019146 (page 22 paragraph 67) Mascall 22/135 November 2014 (as amended 21 January 2015)
¶Appendix 7 | Restriction Notices and Orders
¶RESTRICTION NOTICE No. 3 Introduction 1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 ("the Act").2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 For the purposes of this Restriction Notice, references to:
¶a. "the Inquiry" are references to the "Alexander Litvinenko Inquiry";
b. "the Chairman" is a reference to the person appointed by the Minister to chair the Inquiry under section 4 of the Act, namely Sir Robert Owen;
c. "the Minister" is a reference to the Secretary of State for the Home Department and, after the setting up of the Inquiry, to such other Government officials as are nominated by the Minister;
d. "Core Inquiry Team" is a reference to the Chairman, counsel to the Inquiry, the solicitor to the Inquiry and such other persons as are agreed between the Minister and the Chairman and identified as such in writing;
e. "HMG advisers" is a reference to counsel and solicitors, instructed on behalf of Her Majesty's Government, and such other Government officials as are nominated by the Minister;
f. "relevant witnesses" are references to witnesses whom the Chairman directs should be called to give evidence in a closed hearing as described in paragraphs 9 to 12 below; and
g. "open rulings, judgments or reports" are references to rulings, judgments or reports produced by the Chairman in the course, or at the conclusion, of the Inquiry which may be released to the public without risking harm to the public interest.
h. "Closed hearings" are hearings of the Inquiry to which paragraphs 9 to 14 below apply.3 Marina Litvinenko 3/23-24 HMG000358 (page 3) INQ022399 (pages 23-24) This Restriction Notice is to be read as imposing no restriction on the disclosure of any document or information:
a. between members of the Core Inquiry Team for purposes connected with the Inquiry; or
¶b. to the Minister or HMG advisers.
¶Restrictions on the Disclosure or Publication of Evidence or Documents given, produced or provided to the Inquiry 4 The restrictions referred to at paragraphs 5 and 7 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
304(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act,
¶The Litvinenko Inquiry
considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.5 Marina Litvinenko 3/15 lines 14-16 Service 28/71 lines 1-4 INQ019194 Marina Litvinenko 4/8-9 Otherwise than as is permitted by this Notice, no person, whether a member of the
Core Inquiry Team or otherwise, may disclose or publish to any other person the Schedule to this Notice or any of the information contained in the documents identified in the Schedule to this Notice ("the Schedule material").6 Marina Litvinenko 3/27-29; 4/80 INQ017734 (page 10, paragraph 34); Marina Litvinenko 3/137 lines 4-11 Berezovsky 25/26 lines 9-20 Reilly 10/61 HMG advisers may disclose the contents of parts of the material referred to in the
Schedule to this Notice to such other individuals and for such purposes as are identified in writing by the Minister to the Chairman.7 INQ017734 (page 3 paragraph 8) INQ016642 (page 7) INQ017734 (page 23 paragraph 80) Mascall 8/2-4 Save with the written agreement of the Minister, no reference shall be made by the
Chairman to the Schedule material in any open ruling, judgment or report arising out of the Inquiry, or otherwise, unless it has been removed from the scope of this Notice by means of a letter under paragraph 15 below.
¶Restrictions on Attendance at the Inquiry or part of the Inquiry 8 The restrictions referred to at paragraphs 9, 12,13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. and 14 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act, considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.9 Marina Litvinenko 3/3-6 HMG000078 INQ019146 (page 22 paragraph 68) Cotlick 25/76-81 March 2015 Save with the written consent of the Minister, no person, other than the Core Inquiry
Team, HMG advisers and any relevant witness, may attend any hearing of the Inquiry at which any of the Schedule material is to be considered or referred to, or at which there is, in the judgment of the Chairman, any significant risk of reference being made to such material.10 INQ017734 (page 1 paragraph 1) Marina Litvinenko 3/94; COM00002001; COM00003001 INQ022399 (page 11 paragraph 25) Chairman 32/4-19 INQ016809 INQ006067 (pages 7-8) Hearings at which such material may be considered or referred to, and which are subject to such restrictions, are to be referred to as "closed hearings". Hearings at which such material may be considered or referred to, and which are subject to such restrictions, are to be referred to as "closed hearings".11 INQ017734 (page 2 paragraph 4) INQ017680 [video] INQ019146 (page 22 paragraph 68) Mr Kovtun states that he is one year older than Mr Lugovoy in his 2 June 2015 witness statement INQ021208 (page 6). There is evidence that Mr Lugovoy was born in 1966. INQ016809 INQ006067 The Minister may give consent, in accordance with paragraph 8 above, to the attendance at a closed hearing of persons other than those identified in paragraph 9, where the person concerned is a legal representative of the witness, the Chairman indicates in writing that the attendance of the person is necessary, and arrangements are in place which the Minister considers adequate to ensure that the public interest in preventing the disclosure of the Schedule material is not damaged. The Minister may give consent, in accordance with paragraph 8 above, to the
attendance at a closed hearing of persons other than those identified in paragraph 9, where the person concerned is a legal representative of the witness, the Chairman indicates in writing that the attendance of the person is necessary, and arrangements are in place which the Minister considers adequate to ensure that the public interest in preventing the disclosure of the Schedule material is not damaged.12 Berezovsky 25/3-30 Marina Litvinenko 4/31-32; 4/41; 4/112-114 INQ019146 (page 22 paragraph 69) INQ021208 (page 6) Elenora Wall 32/81 INQ020031 No person shall produce or show to any witness any of the Schedule material, or ask any questions which tend to reveal the existence or content of such material, otherwise than in accordance with a procedure formulated by the Core Inquiry Team and agreed in writing by the Minister. No person shall produce or show to any witness any of the Schedule material, or
ask any questions which tend to reveal the existence or content of such material, otherwise than in accordance with a procedure formulated by the Core Inquiry Team and agreed in writing by the Minister.13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. The Chairman shall ensure that no transcript of the evidence given at a closed hearing
305is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers.
¶Appendix 7 | Restriction Notices and Orders
306¶The Litvinenko Inquiry
¶RESTRICTION NOTICE No. 4
¶Introduction 1 This Restriction Notice is made under section 19 of the Inquiries Act 2005 ("the Act").2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 For the purposes of this Restriction Notice, references to:
¶a. "the Inquiry" are references to the "Alexander Litvinenko Inquiry";
b. "the Chairman" is a reference to the person appointed by the Minister to chair the Inquiry under section 4 of the Act, namely Sir Robert Owen;
c. "the Minister" is a reference to the Secretary of State for the Home Department and, after the setting up of the Inquiry, to such other Government officials as are nominated by the Minister;
d. "Core Inquiry Team" is a reference to the Chairman, counsel to the Inquiry, the solicitor to the Inquiry and such other persons as are agreed between the Minister and the Chairman and identified as such in writing;
e. "HMG advisers" is a reference to counsel and solicitors, instructed on behalf of Her Majesty's Government, and such other Government officials as are nominated by the Minister;
f. "relevant witnesses" are references to witnesses whom the Chairman directs should be called to give evidence in a closed hearing as described in paragraphs 9 to 12 below; and
g. "open rulings, judgments or reports" are references to rulings, judgments or reports produced by the Chairman in the course, or at the conclusion, of the Inquiry which may be released to the public without risking harm to the public interest.
h. "Closed hearings" are hearings of the Inquiry to which paragraphs 9 to 14 below apply.3 Marina Litvinenko 3/23-24 HMG000358 (page 3) INQ022399 (pages 23-24) This Restriction Notice is to be read as imposing no restriction on the disclosure of any document or information:
a. between members of the Core Inquiry Team for purposes connected with the Inquiry; or
¶b. to the Minister or HMG advisers.
¶Restrictions on the Disclosure or Publication of Evidence or Documents given, produced or provided to the Inquiry 4 The restrictions referred to at paragraphs 5 and 7 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
307(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act,
¶Appendix 7 | Restriction Notices and Orders
considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.5 Marina Litvinenko 3/15 lines 14-16 Service 28/71 lines 1-4 INQ019194 Marina Litvinenko 4/8-9 Otherwise than as is permitted by this Notice, no person, whether a member of the
Core Inquiry Team or otherwise, may disclose or publish to any other person the Schedule to this Notice or any of the information contained in the documents identified in the Schedule to this Notice ("the Schedule material").6 Marina Litvinenko 3/27-29; 4/80 INQ017734 (page 10, paragraph 34); Marina Litvinenko 3/137 lines 4-11 Berezovsky 25/26 lines 9-20 Reilly 10/61 HMG advisers may disclose the contents of parts of the material referred to in the
Schedule to this Notice to such other individuals and for such purposes as are identified in writing by the Minister to the Chairman.7 INQ017734 (page 3 paragraph 8) INQ016642 (page 7) INQ017734 (page 23 paragraph 80) Mascall 8/2-4 Save with the written agreement of the Minister, no reference shall be made by the
Chairman to the Schedule material in any open ruling, judgment or report arising out of the Inquiry, or otherwise, unless it has been removed from the scope of this Notice by means of a letter under paragraph 15 below.
¶Restrictions on Attendance at the Inquiry or part of the Inquiry 8 The restrictions referred to at paragraphs 9, 12,13 Berezovsky v Abramovich [2012] EWHC 2463 (Comm), paragraphs 97-112 Marina Litvinenko 4/113; INQ016447 Service 28/47 lines 4-14 Hohne 32/50-54; Marina Wall 32/56 INQ017779 (page 30) Dombey 23/5-56 The Chairman shall ensure that no transcript of the evidence given at a closed hearing is made available to any person other than the Minister, members of the Core Inquiry Team or HMG advisers. and 14 below are imposed:
¶(i) as being required by the rule of law known as public interest immunity; and/or
(ii) because the Minister, acting in accordance with section 19(3)(b) of the Act and having had regard, in particular, to the matters set out in s19(4) of the Act, considers it to be conducive to the Inquiry fulfilling its terms of reference and/or necessary in the public interest that such restrictions should be imposed.9 Marina Litvinenko 3/3-6 HMG000078 INQ019146 (page 22 paragraph 68) Cotlick 25/76-81 March 2015 Save with the written consent of the Minister, no person, other than the Core Inquiry
308Team, HMG advisers and any relevant witness, may attend any hearing of the Inquiry at which any of the Schedule material is to be considered or referred to, or at which there is, in the judgment of the Chairman, any significant risk of reference being made to such material.
¶The Litvinenko Inquiry
¶14 The Chairman shall ensure that no reference is made to the substance of the evidence
given at a closed hearing of the Inquiry in any open ruling, judgment or report arising out of the Inquiry, or otherwise.
¶Amendments to this Restriction Notice 15 By letter to the Chairman under this paragraph the Minister may remove from the scope of this Notice any document or information referred to in the Schedule.16 INQ017734 (page 3 paragraph 9) INQ019146 (page 25 paragraph 77) Goldfarb 26/56-57 Mascall 8/78 INQ017728; INQ020308 Dombey 23/20-32 The Chairman may invite the Minister to amend this Restriction Notice at any time upon providing the Minister with a draft of the proposed amendment and written reasons for it. The Chairman may invite the Minister to amend this Restriction Notice at any time
309upon providing the Minister with a draft of the proposed amendment and written reasons for it.17 Berezovsky 25/7 Goldfarb 26/122 INQ019146 (page 25 paragraph 77) Mascall 8/75 INQ019031; INQ019054 Dombey 23/24-30; INQ020031 (page 2 paragraphs S9-S10) The Minister may amend this Restriction Notice at any time. The Minister may amend this Restriction Notice at any time.29 Marina Litvinenko 3/47-50 Goldfarb 26/17; Bell 6/18 Tabunov 13/130-132 Moughton 8/102 Goldfarb 26/125-127 June 2015
¶Appendix 7 | Restriction Notices and Orders
RESTRICTION ORDER
¶Witness Anonymity and Screening 1 There shall be no disclosure or publication of any information that identifies or tends
to identify the individuals referred to in paragraph 2 below, who were the subject of anonymity orders made in the course of the Litvinenko inquest, and they shall continue to be referred to using the initials listed in paragraph 2.2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 The individuals in question are:
¶a. A3 b. C2 c. C3 d. D3 e. D6 f. D7
¶3 In the event that A3 is required to attend and give evidence at the public hearing of
the Inquiry, his physical appearance will be concealed from the public, the media and core participants, but not from the Chairman, Counsel to the Inquiry or Counsel for the core participants.4 Marina Litvinenko 3/24-25; INQ017734 (page 3 paragraph 7); there are some small points of difference between this evidence and Mr Litvinenko's own account, given without an interpreter at the first session of his November 2006 police interviews – INQ002076 (page 3) HMG000353 INQ019146 (page 22 paragraph 67) Mascall 22/135 Until further order, there shall be no disclosure or publication of any information that
identifies or tends to identify the individuals referred to in the inquest proceedings as D1, D2 and C1 as the individuals who were previously referred to in that way; this is to ensure that until further order there shall be no reference to the fact that they had applied for anonymity. For the avoidance of doubt, this order does not prevent the disclosure or publication of the identities of those individuals in the absence of any link to their previous pseudonyms.
¶This Order is made under section 19(1) of the Inquiries Act 2005 and binds all members of the public, including Core Participants.
¶Any person affected by this Order may apply in accordance with section 20 of the Inquiries Act 2005 to vary its terms.
¶Sir Robert Owen
¶9 October 2014
310¶The Litvinenko Inquiry
RESTRICTION ORDER
¶Witness Anonymity and Screening 1 There shall be no disclosure or publication of any information that identifies or tends
to identify the individual referred to in these proceedings as A1. In the event that A1 is required to attend and give evidence at the public hearing of the Inquiry, her physical appearance will be concealed from the public, the media and core participants, but not from the Chairman, Counsel to the Inquiry or Counsel for the core participants.2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 In the event that the individuals referred to in these proceedings as C2, C3, D3,
D6 and D7 are required to attend and give evidence at the public hearing of the Inquiry, their physical appearance will be concealed from the public, the media and core participants, but not from the Chairman, Counsel to the Inquiry or Counsel for the core participants.
¶This Order is made under section 19(1) of the Inquiries Act 2005 and binds all members of the public, including Core Participants.
¶Any person affected by this Order may apply in accordance with section 20 of the Inquiries Act 2005 to vary its terms.
¶Sir Robert Owen
311¶Appendix 7 | Restriction Notices and Orders
RESTRICTION ORDER
¶Witness Anonymity and Screening 1 There shall be no disclosure or publication of any information that identifies or tends
to identify the individual who will be referred to henceforth in these proceedings as D9. D9's identity is stated in the Annex to this Order, which will be served on core participants only. In the event that D9 is required to attend and give evidence at the public hearing of the Inquiry, his physical appearance will be concealed from the public, the media and core participants, but not from the Chairman, Counsel to the Inquiry, Counsel for the core participants or security cleared inquiry staff.2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 The screening orders dated 9 October 2014 (made in relation to A3) and 14 November
2014 (made in relation to A1 and also in relation to C2, C3, D3, D6 and D7) are varied so that in the event the said individuals give evidence, their physical appearance will not be concealed from security cleared inquiry staff.
¶This Order is made under section 19(1) of the Inquiries Act 2005 and binds all members of the public, including Core Participants.
¶Any person affected by this Order may apply in accordance with section 20 of the Inquiries Act 2005 to vary its terms.
¶Sir Robert Owen
¶27 November 2014
312¶The Litvinenko Inquiry
RESTRICTION ORDER
¶Witness Anonymity and Screening The screening orders dated 9 October 2014 (made in relation to A3),14 Berezovsky 25/6-7 Felshtinsky 23/128-131 Service 28/48 lines 3-9 Hohne 32/51 INQ015781 part 1, INQ015781 part 2; INQ015777 part 1, INQ015777 part 2; INQ015778; INQ015779; INQ015780 [videos] Dombey 23/13-39 The Chairman shall ensure that no reference is made to the substance of the evidence given at a closed hearing of the Inquiry in any open ruling, judgment or report arising out of the Inquiry, or otherwise. Amendments to this Restriction Notice November 2014 November 2014 (made in relation to A1 and also in relation to C2, C3, D3, D6 and D7) and 27 November 2014 (made in relation to D9) are varied so that in the event that the said individuals give evidence, their physical appearance need not be concealed from any other person whom the Chairman directs.
¶This Order is made under section 19(1) of the Inquiries Act 2005 and binds all members of the public, including Core Participants.
¶Any person affected by this Order may apply in accordance with section 20 of the Inquiries Act 2005 to vary its terms.
¶Sir Robert Owen
¶28 January 2015
313¶Appendix 7 | Restriction Notices and Orders
RESTRICTION ORDER
¶Evidence of Witness G Further to an application for anonymity received from Witness G, I made a provisional ruling in favour of granting him this by means of a Restriction Order. That provisional ruling is dated 25 September 2015 and was provided to Core Participants and media representatives on that date so that they might make submissions upon it. I received no such submissions and I now make the following order for the reasons set out in the provisional ruling.1 Marina Litvinenko 3/19-20; INQ017734 (page 2 paragraph 6) Goldfarb 26/123; Emmerson 1/147 INQ022399 There shall be no disclosure or publication of any information that identifies or tends to identify Witness G.2 Marina Litvinenko 3/20-23 INQ019146 (page 14-15 paragraph 45) A translated copy of the law provided to the Solicitor to the Inquiry by the Russian Embassy in London is at INQ018962 Other than with the express written permission of the Chairman, there shall be no
disclosure or publication of the further evidence given by Witness G referred to in the provisional ruling.
¶This Order is made under section 19(1) of the Inquiries Act 2005 and binds all members of the public, including Core Participants.
¶Any person affected by this Order may apply in accordance with section 20 of the Inquiries Act 2005 to vary its terms.
¶Sir Robert Owen
¶9 October 2015
314¶The Litvinenko Inquiry
315