Telegram founder Pavel Durov arrested in Paris
Photo: GLOBAL LOOK PRESS.
Telegram founder Pavel Durov, who was arrested in France, had all his electronic devices – phones and laptops – confiscated. But he has the right not to give access passwords to investigators.
The court must make a decision on whether to leave Durov in custody, put him under house arrest or release him (which seems incredible) by the evening of Wednesday, August 28. Yesterday, the Paris prosecutor’s office finally made public the general outlines of the preliminary investigation: it is being conducted against an “anonymous person.” KP.RU spoke to lawyer, specialist in civil and international law Maria Yarmush about what this means and what could happen to Pavel next.
– Maria Mikhailovna, it is clear from the statement of the Paris prosecutor’s office that the case is not against Pavel Durov, but against an “anonymous person”. How can this be understood?
– This means that there is evidence that actions were committed that are considered crimes under the French Penal Code. According to law enforcement, Durov could be involved in them, but so far this has not been officially confirmed.
The prosecution counted 12 charges (from complicity in drug dealing to money laundering – Ed.), and Durov was questioned about all of them, of course, in the presence of his lawyers.
He is now just a suspect. He can be held for a maximum of four days before being charged, and this period has been extended to the maximum.
As far as I understand, they are trying to put pressure on Pavel to come to terms with the investigation and confess to some charges. And most importantly, he began to cooperate with the intelligence services, primarily American ones, to reveal information that interests them: access to correspondence on Telegram, etc.
I think they’re offering him now: if you give us information, we’ll just drop a couple of charges. He’ll pay a big fine, but he’ll be quietly released under house arrest, he’ll live comfortably – yes, he’ll be given an electronic bracelet, but he’ll continue to run his business.
– As for the US secret services, they are not formally involved in the suspicions against Durov…
– He never encountered law enforcement in France, choosing that country to obtain citizenship because he mistakenly believed it was an independent player on the international stage.
France is generally far from controlling systems on the level of Telegram. But it will do what is interesting to the United States.
I do not rule out the possibility that the United States will launch its own investigation into Telegram and also bring charges against Durov. France cannot legally extradite its citizens to the United States. But the French will be forced to conduct an investigation on their territory and at the request of the Americans.
I don’t know whether Washington officially agrees with this or is quite happy that everything is being handled by the French. Perhaps they simply communicate behind the scenes at the level of the intelligence services.
– Did they have the right to confiscate Durov’s phones and computers immediately after his arrest?
– Everything he had on him, yes. Now it is in the hands of law enforcement officers. The question is whether they will be able to open it. I am sure that Pavel has all the information well encrypted.
– They will require access and passwords. Does Durov have the right to refuse this?
– Certainly. He has every right.
– What could be your line of defense?
– If Telegram from France received official requests about violations, requests to provide information or remove something prohibited, they would consider them. But, obviously, there were no such requests – after all, the intelligence services want to have access to everything. And if there were no requests, then allow…
– This is already fertile ground for the work of Durov’s lawyer. But I read the French Code of Criminal Procedure and it says: once the charges are filed, the investigation can last a maximum of three years. That is, in theory, Durov could remain in prison for three years until the “main” trial?
– Certainly. If he is not released now under house arrest, in my opinion, it will be a sign that Pavel has not cooperated.
– And if he is released, where should he be placed under house arrest? Nothing is known about Durov’s French real estate holdings.
– To obtain citizenship, one had to own property. But even if we assume that Pavel does not have any real estate, it can be bought very quickly.
– The prosecution against Durov began on July 8, the prosecutor’s office wrote. Why did it take so long, if the charges against him had apparently been prepared for a long time?
– It seems to me that this date appeared spontaneously. Otherwise, information would have leaked that the cybercrime department was conducting an investigation into Durov – after all, Pavel is a very famous person. I suppose that nothing was started until he arrived in Paris, and the date was simply put backdated.
