Herman Simm
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Herman Simm (born 29 May 1947) is a former chief of the Estonian
Defence Ministry A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is the part of a government responsible for matters of defence and military forces, found in states where the government is divided ...
's security department and a convicted Russian spy. The Simm case became the first since the restoration of
Estonia Estonia, officially the Republic of Estonia, is a country in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the Baltic Sea across from Sweden, to the south by Latvia, and to the east by Ru ...
's independence in 1991 in which an actual agent was identified, tried, and
convicted In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by jud ...
of
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
.


Professional career and espionage

Simm was born in
Suure-Jaani Suure-Jaani () is a Populated places in Estonia, town in the northern part of the county of Viljandi County, Viljandimaa in Põhja-Sakala Parish, Põhja-Sakala rural municipality, 25 kilometres north of the town of Viljandi. Until 2017, Suure-Ja ...
and was inducted into the Soviet Interior Ministry as a
Militsiya ''Militsiya'' ( rus, милиция, 3=mʲɪˈlʲitsɨjə, 5=, ) were the police forces in the Soviet Union until 1991, in several Eastern Bloc countries (1945–1992), and in the Non-Aligned Movement, non-aligned Socialist Federal Republic ...
officer in 1970 and worked in the
Estonian SSR The Estonian Soviet Socialist Republic, (abbreviated Estonian SSR, Soviet Estonia, or simply Estonia ) was an administrative subunit ( union republic) of the former Soviet Union (USSR), covering the occupied and annexed territory of Estonia ...
until 1991, reaching the rank of
Polkovnik (; ) is a military rank used mostly in Slavic-speaking countries which corresponds to a colonel in English-speaking states, ''coronel'' in Spanish and Portuguese-speaking states and ''oberst'' in several German-speaking and Scandinavian countr ...
(Colonel). After Estonia's independence, during which he played a significant role in helping organize Estonian resistance to Russian military aggression, he held various positions at the Interior Ministry and the Police Board, including director general of the board, when he started work for the Defence Ministry in 1995 as head of the information analysis office of the defence policy department. In 2001, he was appointed head of the newly formed state secret protection department known as the National Security Authority () and was responsible for the protection of all classified communication between Estonia and its allies. As head of the Defence Ministry Security Department, Simm was tasked with coordinating the protection of state secrets. The department is also responsible for issuing access to classified information and for handling data from international organizations, including
NATO The North Atlantic Treaty Organization (NATO ; , OTAN), also called the North Atlantic Alliance, is an intergovernmental organization, intergovernmental Transnationalism, transnational military alliance of 32 Member states of NATO, member s ...
, the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
and Estonia's other defence partners. He also took part in the devising of EU and NATO information protection systems. On September 21, 2008, Simm was arrested with his wife Heete Simm on suspicion of illegal collecting and communicating classified information to an unidentified foreign government. It is believed that damage caused by Herman Simm was not limited to the security of Estonia. from 2001 to 2006, Simm regularly traveled abroad to negotiate agreements on the protection of
classified information Classified information is confidential material that a government deems to be sensitive information which must be protected from unauthorized disclosure that requires special handling and dissemination controls. Access is restricted by law or ...
with member countries of NATO and the European Union. Herman Simm also participated in the development of intelligence security with NATO and the EU, where he invited other states to check their security systems. In June 2003, he was issued a
diplomatic passport A passport is an official travel document issued by a government that certifies a person's Identity (social science), identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign ...
, provided to carriers transporting classified information. In November 2006, Herman Simm resigned from the post of head of the state secret protection department, but continued to work as adviser of the Minister of Defence, retaining access to classified information.


Investigation and conviction

The criminal case was processed by Estonia's Public Prosecutor's Office and by the Security Police Board who co-operate with the Information Board and with the Ministry of Defence. (According to the Penal Code, treason is punishable by imprisonment of three to fifteen years.) On 6 November 2008, the Estonian State Prosecutor's Office released some materials of the investigation, according to which Simm's handler may have been an officer of Russia's Foreign Intelligence Service (SVR) who had been using a
false identity Identity theft, identity piracy or identity infringement occurs when someone uses another's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. ...
of an EU citizen. On February 25, 2009, Simm pleaded guilty to treason and was sentenced to twelve and a half years imprisonment and the payment of EEK 20,155,000 (€1,288,000) in damages. The Harju County Court did not specify which country Simm had handed the secrets to; but chief prosecutor Norman Aas said that Simm had "collected and forwarded classified Estonian and NATO information" to Russia's foreign intelligence service from 1995 until his arrest in 2008. Aas also said, "He passed on personal information on some Estonian individuals, something that may damage Estonia's interests." It has been unofficially claimed that Estonia had been tipped off by another country. Security Police chief Raivo Aeg said Simm would meet three or four times a year in at least 15 European countries with his SVR handlers, identified as
Valeri Zentsov Valeri Zentsov (born 31 August 1946 in Berlin, russian ''Валерий Зенцов'') is a Russian spy best known for recruiting Herman Simm in 1995.Postimees 14 April 2009Simmi värbaja elas aastakümneid Eestisby Alo RaunPostimees 15 April 2 ...
and Sergey Jakovlev. Aeg also said that an international arrest warrant had been issued for the latter, who is also known under a fake Portuguese identity as Antonio de Jesus Amorett Graf.


Bankruptcy

On March 23, 2009, Simm filed for
personal bankruptcy Personal bankruptcy law allows, in certain jurisdictions, an individual to be declared bankrupt. Virtually every country with a modern legal system features some form of debt relief for individuals. Personal bankruptcy is distinguished from corpora ...
. Simm has estimated the total value of his liquid assets at 5.4 million EEK (approx €340,000), but the Ministry of Defence, (upheld by the courts), claimed the total to be 21.6 million EEK, and Simm owes 2.1 million EEK to an unnamed bank. The court assigned Ly Müürsoo as Simm's temporary receiver and set the date of bankruptcy hearing to 17 April 2009. Meanwhile, Simm has been prohibited to realise any of his assets without a permission from the receiver. Simm's bankruptcy proceedings are complicated by lack of a
prenuptial agreement A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal ...
between Herman Simm and his wife Heete Simm. On 23 April 2009, Harju County Court granted Simm's bankruptcy application, and declared Simm bankrupt.


Political ramifications

On April 29, 2009,
NATO The North Atlantic Treaty Organization (NATO ; , OTAN), also called the North Atlantic Alliance, is an intergovernmental organization, intergovernmental Transnationalism, transnational military alliance of 32 Member states of NATO, member s ...
ordered the expulsion of two Russian diplomats in what ''
The Financial Times The ''Financial Times'' (''FT'') is a British daily newspaper printed in broadsheet and also published digitally that focuses on business and economic Current affairs (news format), current affairs. Based in London, the paper is owned by a Jap ...
'' said was retaliation for Simm's activities. One of the expelled Russians was the son of Vladimir Chizhov, Russia's Ambassador to the European Union. He and the other diplomat who was expelled had been attached to Russia's mission to NATO, and are believed to have worked undercover as
intelligence agent Espionage, spying, or intelligence gathering, as a subfield of the intelligence field, is the act of obtaining secret or confidential information (intelligence). A person who commits espionage on a mission-specific contract is called an ''e ...
s.


Release on probation

Tartu County Court decided to release Simm early on probation with a ruling on December 5, 2019. The court sentenced him to probation until March 18, 2021. The court assessed his risk of recidivism as low and found that Simm's access to classified information potentially interesting for foreign states is incredibly limited. He was released on December 23, 2019, from Tartu Prison.


References


External links

* ''The Economist'', Nov 6th 2008
Fog in the Baltic
* ''Times Online'', November 16, 2008
Russian Spy in Nato Could Have Passed on Missile Defence and Cyber-War Secrets
* ''The Economist'', Feb 26 2009
Spy Scandal in Estonia
* ''Spiegel Online''

interview with Herman Simm (in German) {{DEFAULTSORT:Simm, Herman 1947 births Living people People from Suure-Jaani People convicted of spying for the Russian Federation Estonian criminals Estonian prisoners and detainees 21st-century Estonian people 2008 in Estonia People convicted of treason against Estonia Estonian spies