Public Prosecutor’s Office, Hamburg

7101 Js 886/06

Statement

1. Preamble
A preliminary investigation into Dmitry Kovtun, born on September 25, 1965, in Moscow1,
was initiated, on suspicion of participating in acts preparatory to causing radiation offence, as
stipulated in Section 310 (subsection 1, clause 1) and Section 309 (subsection 2) of the Criminal
Code with a criminal act corresponding to more than one definition, including unlawful handling of
radioactive substances (Section 328, subsection 1, clause 2 of the Criminal Code).
Kovtun was suspected to have planned an ionizing radiation attack, with a potential health
risk, on former KGB operative Alexander Litvinenko2 and his contacts in London. In order to carry
out the attack he purchased polonium-2103 and traveled from Hamburg to London on November 1,
2006, where he and some other persons met with Litvinenko. He administered polonium-210 to
Litvinenko personally or with the help of an accomplice. This act caused the poisoning of
Litvinenko, as well as many other people and areas in Hamburg and London.
The investigation carried out in Hamburg, along with the information received from the UK
and Russia, did not find sufficient evidence to prove that the suspects were guilty of committing the
crime.

I. Investigation Process
On December 4, 2006, Der Spiegel published an article titled Death Sentence from Moscow,
where it said

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1
Case page 195
2
According to Wikipedia, Litvinenko, who was later to become a critic of the Kremlin, was
called up for military service in 1980. In 1988, he started working for the counter-intelligence
service of the Soviet KGB. Litvinenko served on active military duty in many of the so-called hot
spots of the former USSR and Russia. At the FSB, which replaced the KGB, he was in charge of
combatting terrorism and organized crime; SB Presse, Part 6
3
Polonium-210 is an alpha emitter which decays into lead, emitting 2 protons and 2
neutrons. Alfa particles’ effect is very moderate and can be neutralized by practically any barriers,
including by intact skin. Hence it is possible to operate with polonium-210 without any special
protective gloves. Most likely, polonium-210 can penetrate the body if ingested (or if inhaled). It
soon starts to affect the body as at short distance alfa particles turn to reside in tissues and ionize all
molecules alike. First, the damage is seen in the example of those cells that divide most often –
similar to radiation sickness. That also applies to digestive tract epithelium and bone marrow. As the
half-life of polonium-210 is very short, amounting only to as much as 148.4 days, the radiation is
especially intense and thus it takes only a small fraction of it for the lethal dose of radiation
poisoning. Case page 140
4
Case page 6, 22, 28
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IV. Proof Assessment
There are no sufficient grounds to determine that Kovtun shall be suspected of the crime. He
cannot be incriminated in carrying polonium-210 on himself while in Hamburg, buying it there or at
least knowing that he had been exposed to it and hence posed a threat to anyone who interacted with
him.
As per the preliminary investigation, no credible information was found regarding the
reasons behind Litvinenko’s murder or possible identity of its killers.

***
IV. 2
There is no objective evidence that proves that Kovtun had polonium-210 with him when he
was in Hamburg.

The contamination levels detected at the sites the suspect visited in Hamburg are so
negligibly low that they do not allow for such a definite conclusion to be drawn.

More likely, it cannot be ruled out that before he went to Hamburg, he had been in close
contact with an individual who, in turn, came in contact with polonium.98

Moreover, the reports in the mass media about the British investigators having discovered a
trail of polonium contamination suggests that polonium was already in London prior to Kovtun’s
arrival on Nov. 1, 2006.

Traces of radioactive substances were found in the offices of the companies, Erinys and
Risk-Management, that Lugovoy and Kovtun visited during their stay from Oct. 16 to Oct. 18, 2006,
and the hotel they both stayed in99. Traces of polonium were also found in the body of the Italian
informant whom Litvinenko met with on Nov. 1, 2006, before meeting Lugovoy and Kovtun100,
Mario Scaramella101. Finally, similar traces were found in Boris Berezovsky’s office102.
***
2. The case is closed due to reasons outlined in paragraph 1 in accordance with Section
170 (subsection 2) of the Code of Criminal Procedure
3. Correct the personal information of the suspect in MESTA.
4. MESTA
5. Has value for the state archives.
6. Section checked.
7. Execute the special order.
Hamburg. Nov. 6, 2009
(signature)
Redder
Senior Prosecutor