Chapter 2: Leaving Russia

¶3.75 The evidence I have received suggests that Mr Litvinenko became increasingly concerned for his safety and that of his family in Russia during 2000. 3.76 Mr Felshtinsky gave evidence about a meeting that he had with General Khokholkov,

the former head of URPO, in Moscow in May 2000. According to Mr Felshtinsky, his purpose in speaking with General Khokholkov was to try to establish whether the authorities would let Mr Litvinenko leave Russia, in particular now that he had served nine months or so in prison. General Khokholkov's response, as reported by Mr Felshtinsky, was uncompromising: "He told me that nine months, or whatever, is nothing, that Litvinenko committed treason, that he is going to… prison anyway, and if he [i.e. Khokholkov] actually sees him by chance, you know, somewhere in a dark corner, he would kill him with his own hands." Mr Felshtinsky explained that General Kohkholkov had gestured with his hands as he had said this – he said that, "Khokholkov hated Litvinenko very much, and… considered him… a person who committed treason, this is for sure."⁶³⁶³ Felshtinsky 23/141 Bukovsky 26/94 Goldfarb 5/127; 27/112 Reilly 10/95 Zakayev 26/162-163

¶3.77 Mr Felshtinsky immediately reported this conversation to Mr Litvinenko, and told him that he should consider leaving Russia.64 3.78 Nor was this the only threat that Mr Litvinenko received. Marina Litvinenko said that

her husband had been approached by an FSB colonel who had said words to the following effect: "We will not continue discussions with you, we will kill you, to be clear we will kill your six year old son… you are being prosecuted not for any crimes that you may have committed. Everybody knows that you did not commit them. You are being prosecuted for betraying the system and openly acting against the system."⁶⁵⁶⁵ INQ017734 (page 22 paragraph 76); Marina Litvinenko 4/101 (2003) NIQB 56 Marina Litvinenko 3/146 Reilly 10/108 Zakeyev 26/163-167

¶3.79 Marina Litvinenko also gave evidence that when the third set of charges was brought

against Mr Litvinenko in early 2000, they were told that the case would be heard not in Moscow, as with the first two sets of proceedings, but in Yaroslavl, some 300km from Moscow. They were also told that the trial would be closed to the press and the public. Their concern was that, away from the public attention that the earlier proceedings had received in Moscow, the authorities would be able to implement what Mr Litvinenko believed to have been the direct order to "put him in prison and never let him… out".66

¶3.80 It would appear that it was a combination of all these fears that led Mr Litvinenko to

decide to leave Russia for good. Mr Felshtinsky's evidence was that Mr Litvinenko had decided to leave Russia by the time of a meeting between the two men in Moscow on 24 September 2000, at which they discussed Mr Litvinenko's proposed escape.67

¶3.81 This was not, however, a decision that Mr Litvinenko initially shared with his wife

or his son. Mrs Litvinenko's evidence was that in September 2000 (presumably in late September, after his meeting with Mr Felshtinsky), Mr Litvinenko suddenly left Moscow for Nalchik, saying that he was flying to Nalchik to visit relatives.68

¶Part 3 | Chapters 1 to 5 | Alexander Litvinenko

¶3.82 Having arrived in Nalchik, Mr Litvinenko crossed into neighbouring Georgia. Once he

had made his way to Tbilisi, Mr Litvinenko passed a message to Mr Berezovsky, who in turn contacted Mr Felshtinsky. Mr Felshtinsky then travelled from Boston to Tbilisi to meet Mr Litvinenko.69

¶3.83 Next Mr Litvinenko got a message to Marina Litvinenko instructing her to buy a new

mobile phone. He then called her on the new phone and told her that she and Anatoly must go on holiday anywhere she liked as soon as possible – they decided on Malaga in Spain. Mrs Litvinenko explained that the suggestion of a holiday was unexpected and inconvenient; but she made the arrangements and they flew to Malaga on about 17 October 2000.70

¶3.84 Mr Felshtinsky recalled speaking to Marina Litvinenko from Tbilisi about her travel

arrangements. He then flew from Tbilisi to Malaga and met Marina Litvinenko on her arrival there. He stayed with her for two days, and then flew back to join Mr Litvinenko in Tbilisi.71

¶3.85 I should mention at this point that the evidence I heard was that this entire exercise

was funded by Mr Berezovsky. He paid for air flights and hotel accommodation. He also made his private jet available, for example for Mr Felshtinsky's flights between Tbilisi and Malaga.72

¶3.86 Marina Litvinenko's evidence to me was that she spoke to Mr Litvinenko at length whilst

she was in Malaga. He explained that he was not in Nalchik but in Georgia, and that they now had to decide whether they would ever return to Russia. He said that if she wished to go back, he would go back with her, but he feared that if he did return he would be arrested, jailed and killed in prison. He was worried, she said, not only for his own safety in Russia but also for her and Anatoly, whom he would be unable to protect from the FSB. In the end, Marina Litvinenko explained, they decided not to return.73

¶3.87 Back in Tbilisi, Mr Felshtinsky and Mr Litvinenko were concerned for their safety.

Mr Felshtinsky's evidence was that they had asked officials at the United States (US) embassy in Tbilisi to grant Mr Litvinenko political asylum, but without success (he also said that they had not, contrary to Mr Goldfarb's evidence, approached the British embassy in Tbilisi). They were worried that the FSB might have realised that Mr Litvinenko had left Moscow, and that they might have traced him to Georgia. By this stage, Mr Litvinenko had acquired a false Georgian passport. The two men travelled to Antalya in Turkey.74

¶3.88 Mr Felshtinsky then took Mr Berezovsky's plane back to Malaga, where he collected

¶Marina and Anatoly Litvinenko and brought them back to Antalya.

¶3.89 At this stage Mr Felshtinsky returned to the US, but he was replaced by Mr Goldfarb,

who flew from his home in New York to join the Litvinenko family at Mr Berezovsky's request. Mr Felshtinsky recalled that the two men had spoken by telephone whilst they were both in London on their respective journeys, although they did not have time to meet.75

¶The Litvinenko Inquiry

¶3.90 Mr Goldfarb described how, after his arrival in Turkey, he had travelled with the

Litvinenko family to Ankara. He had arranged an approach to the US embassy there, and Mr and Mrs Litvinenko were interviewed separately by US officials.76

¶3.91 The American officials responded on the following day saying that they could not

assist. By this time, the Litvinenko family and Mr Goldfarb were in Istanbul, having driven there overnight, again because they were concerned that they might be in danger from the FSB.

¶3.92 The group were now desperate to reach a place of safety. Mr Goldfarb's evidence was

that Badri Patarkatsishvili, Mr Berezovsky's friend and business partner, suggested sending a boat to pick them up in Istanbul, but that was considered too dangerous. Mr Goldfarb researched which destinations could be reached by air without the need for a visa. The solution that they eventually hit upon was to fly to the UK by purchasing tickets from Istanbul to Tbilisi via London, a trip that did not require any transit visas. As had been the case throughout this period, Mr Berezovsky met the costs – Mr Goldfarb's evidence was that the costs that he had incurred amounted to US$130,000.77

¶3.93 On 1 November 2000, Alexander, Marina and Anatoly Litvinenko flew to London with

Mr Goldfarb on the first leg of their supposed journey to Tbilisi. Marina Litvinenko described in her evidence how, having landed at Heathrow Airport, Mr Litvinenko approached the first police officer that he saw in the transit area and said, "I am KGB officer and I'm asking for political asylum".78

¶Part 3 | Chapters 1 to 5 | Alexander Litvinenko