Mr. Vladimir  В. Oleynikov has a valuable paper in his possession: the borrower’s receipt given by Korean diplomats in Moscow, Russia, on behalf of the Korean People’s Democratic Republic (KPDR). The Korean diplomats received a loan from Mr. Oleynikov on May 19, 1997. The borrower’s receipt states that the time limits of the repayment of the loan shall be ten calendar days. The repayment was due on May 29, 1997. In case the money is not retuned within the time limits, the debtor accrues the payment of 1 percent interest rate per each delayed day. The debt remains unpaid. On May 9, 2002 the total sum of the debt with interest was estimated $US 100 484 326 140. Unfortunately, so far the debtor-state has not repaid the loan to date.

The only thing Mr. Oleynikov wishes for is the realization of Article 6 of the European Convention of Human Rights which guarantees the human right on a fair proceeding in reasonable terms.

In May 19, 1997 the trade mission of the Korean People’s Democratic Republic embassy in Khabarovsk found itself in trouble. Local power engineers cut off electricity of the trade mission building due to non-payment. The arrears were not that much, i.e. $US 1,500 to be paid in roubles.

The Korean People’s Democratic Republic detained the payment, though it was time to continue the Russian-Korean economic cooperation, the trade representatives applied to Mr. Oleynikov for help. Mr. Oleynikov, a well-to-do person, at the time was, and still is, the owner of the company «Lord V. B. Oleynikov» known for investing about $US 500, 000 in the construction of a shopping center in Khabarovsk (Russia). Mr. Oleynikov agreed to help and to lend the said amount $US 1,500. The loan was given and a promissory note issued by the grateful borrowers. The note meets all the necessary requirements: it is written on the paper bearing an official stamp, certified by the state seal and signed by the first person of the trade mission in Khabarovsk, Mr. Che Geum Jer, as a guarantee of repayment of the debt.

It is a shame but the Korean People’s Democratic Republic has neglected the fulfillment of the signed contracts and commitment. It seems that the state does not со nsider the repayment of the debt as its major responsibility. Since the time the note was issued the sum has increased immensely and it is estimated in hundreds billions dollars. The impunity and permissiveness of the diplomatic corps of the Korean People’s Democratic Republic in Russia left a large debt for the state. The trade representatives have forgotten somehow that they represent their state and the non-payment of their debt undermines the reputation of the Korean People’s Democratic Republic as well.

God be the witness but Mr. Oleynikov was patient enough waiting for the repayment; he did not remind the debtors during the period of 1997 — 1999 of it. It should be stressed that 1 percent interest rate was established on the initiative of the trade representatives themselves. The total sum of the debt was growing slowly. However, as no money is paid yet, Mr. Oleynikov has become the owner of the borrower’s receipt of the sum of hundred billions US dollars total.

There is no such a court in the world bold enough to make a decision that a state has the right not to follow the terms of the borrower’s receipt if the loan is taken on the territory of another state.

Today the debt history has become known not only in Khabarovsk (Russia) media but also in Moscow and foreign mass-media. Though newspapers, broadcasting and television devote much time to the events, the officials, able to help solving the problem, seem not to care at all.

Comrade Kim Jong Tl visited Russia not once but Russian Foreign Ministry, keeping peace with the leader of the friendly state, did not discuss the matter.

The representatives of Foreign Ministry of Russia explained that Mr. Oleynikov’s demands, under the Russian law system, concern another, a foreign, state and that means that Mr. Oleynikov has to demand the fulfillment of the obligation himself.

It is Mr. Oleynikov who has to make Mr. Kim Jong Il come to court. It is Mr. Oleynikov who has to make the Russian government observe the Russian Constitution of Russia and be responsible for foreign diplomats who neglect the laws in Russia and illegally take hold of the property of the country of the accreditation.

It might seem that the supreme state officials have overlooked, or apparently, have forgotten, the fact that, according to Articles 2, 35, 45 and 46 of the Russian Constitution, they have the obligation to protect citizens of Russia. On the contrary, they demand that Mr. Oleynikov provided the Letter of Consent from the Korean People’s Democratic Republic to appeal to court in Russia. Mr. Oleynikov has been trying to prove that such letters were applied for and there are copies of the necessary inquiries made but in vain. He appealed to the embassy of the Korean People’s Democratic Republic, addressing the highest officials, asking to provide the letters of consent. However, these appeals have been neglected so far.

When, finally, Mr. Oleynikov understood that his native country would rather sacrifice Russian citizens for the sake of friendship with the KPDR, he decided to appeal to the European Court for Human rights. He requests the fair proceeding as guaranteed by Article 6 of the Roman convention. The Strasbourg court has accepted the documents.

All the lawyers emphasize the fact that the loan is subjected to repayment as it is specified in the borrower’s receipt terms. They stress that no person has a right to change the terms of the borrower’s receipt and not to repay the debt.

As the KPDR conducts diplomatic activities on the territory of Russia and Russia has provided the country with the status of diplomatic immunity, Russia has automatically undertaken a part of the responsibility for all actions of diplomats against citizens of Russia. The Constitution of the Russian Federation guarantees the state protection to its citizens, but, unfortunately, as the events have shown, it is done only on paper.

It is important to note that Mr. Oleynikov is eager to compromise. He is well aware of how to resolve dispute by means of negotiating.

The Guarantor without Guarantees